DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

CRIMINAL PROCEDURE CODE

FINAL DRAFT ON

‘154TH REPORT OF THE LAW COMMISSION OF INDIA’

Submitted to: Submitted by:

Dr. Vipul Vinod Vijay Singh

Associate Professor (CrPC) Roll No.- 170101159
Dr. Ram Manohar Lohiya BA.LLB (Hons.)
National Law University V Semester

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Introduction
154th Report of the law commission was based on the “code of criminal procedure, 1973”.
The 154th Law Commission has undertaken a study of comprehensive revision of the Code of
Criminal Procedure, 1973 so as to remove the germane problems leading to consequential delay
in disposal of criminal cases. In this report several measures have been suggested to improve the
quality of investigation and to reduce the delays in the disposal of criminal trials and appeals and
also to alleviate the suffering of under trial prisoners. The Law Commission of India specifically
discussed the issue threadbare in its 154th Report and categorically recommended for separating
the investigating agency from the law and order police. A need of the separate wing of the
investigation with clear mandate and accountable only to Rule of Law was focused. Placement
policy of investigating staff, inadequate training, Comprehensive use of Forensic Science from
the inception and problems related to Medico Legal Services were highlighted.

The 154th Report also states that the entire process of plea-bargaining can be initiated by the
court suo motu to ascertain the willingness of the accused. Law of arrest, Custody, Remand, Bail,
Anticipatory bail, summon were the part of the report. The Law Commission of India also
reviewed the Code of Criminal Procedure, 1973 in its 154th Report for removing the
impediments in the justice delivery system. In this report different measures were taken for
speedy and cost effective justice. For this purpose number of posts of judges and judicial officers
were increased, establishment of special courts and tribunals and adoption of alternative modes
of dispute resolution, such as arbitration and conciliation. Lok Adalats have been given a
statutory base as supplementary forum for resolution of disputes.

The commission has examined the subjects of organization of criminal courts, proceedings,
criminal appeals, revisions and inherent powers, procedure for trial of perjury cases, etc.

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 The 154th Law Commission Report: A detail analysis

The law commission had also undertaken an intensive study of the code with a view to abolish
the problems and bottlenecks leading to delay in the disposal of criminal cases as well as other
remedial measures. The following areas were identified in report to reconstructing and
redesigning:

i. Establishment of Separate Investigating Agency: Police department is understaffed and

has a heavy duty to perform. Defence takes the advantage of such defect of investing
process. To improve the quality of investigation, commission suggested that investigation
authority should be distinct from the police department. Such separation will ensure
undivided attention to the detection of crime. It was felt that there is an urgent need to
increase the cadre of investigating officers and for restructuring the police hierarchy to
secure, inter alia, a large number of officers to handle investigation work.

ii. Independent Prosecuting Agency: The Supreme court in the case of S.B.Shahane v.
State of Maharashtra held that the prosecution agency be autonomous having a regular
cadre of Prosecuting officers. It is a general complain that public prosecution do not
prepare case carefully and the quality of prosecution is poor. In order to ensure successful
prosecution of criminal cases, police and prosecutions should be closely coordinated. In
Babu v. state of Kerala, the kerala High Court graphically described the role of Public
Prosecutors as follows:
“Public Prosecutors are really Ministers of justice whose job is none other than
assisting the State in the administration of justice. They are not representatives of any
party. Their job is to assist the court by placing before the Court all relevant aspects of
the case.”

iii. Law of Arrest: Right to liberty is a basic human right and also a fundamental right under
article 21 of constitution. On the basis of Joginder Kumar v. state of U.P. ( ) suggestion
was given to incorporated a new section 41A, also in this case court pointed out that “ the
law of arrests is one of balancing individual rights, liberties and privileges, on the one
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 hand, and individual duties, obligation and responsibilities on the others, of weighing and
balancing the rights, liberties and privileges of the single individual and those of
individuals collectively: of simply deciding what is wanted and where to put the weight
and the emphasis, of deciding which comes first—the criminal or society, the law
violator or the law abider….” It was suggested that the Police officer making an arrest
should also record in case diary the reasons for making the arrest.

iv. Custody, Remand and Change in Sections 167(2) - u/s 167(2) of the code, the police
custody can be only during the first 15 days of the remand and not later( CBI, new delhi
v. Anupam J. Kulkarni; (1992) 3 SCC 141). In this report it was suggested that it should
be permissible for the prosecution to seek police custody during the period of remand at
any time if a need arises. Although the total remand should not exceed 15 days.
Amendment in section 167(2) was suggested for fresh police custody if sought by the
CBI but it should not exceed 15 days on the whole.

v. Bail, Anticipatory Bail and Sureties - the commission said about the amendments of
section 436 of the code that they are consistent with the Supreme Court’s
pronouncements and juristic opinion that poor accused committing bailable offences
should not be denied bail on the basis of indigency. Committee discussed sec.
438(anticipatory bail) and mentioned the different views regarding the retention and
deletion of the provision of anticipatory bail. One view is that it is being misused by
affluent and influential sections of accused in society and hence be deleted from the code.
The other view is that it is a salutary provision to safeguard the personal liberty and
therefore be retained. The opinion of the committee was that provision contained u/s 438
regarding anticipatory bail should remain in the code but subject to the amendments
suggested in clause 43 of the Code of Criminal Procedure (Amendment) Bill, 1994 which
lays down adequate safeguards. It also seeks to incorporate a new section S. 441A to deal
with the abuse of professional and fake sureties.

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 vi. Bail- Attendance of Accused- Appellate Stage: Section 437-A was proposed that says
that in cases where appeals against acquittals have been filed or where appeal for
enhancement of sentence are filed as the case may be, the accused .. before conclusion of
the trial or before disposal of the appeal, the trial court or the appellate court as the case
may be, require the accused to execute bail bonds with sureties, which shall be in force
for twelve months. Undertaking to appear before the higher court and when such court
issues notice in respect of any appeal or petition filed against the judgment of those
respective courts. And if such accused fails to appear, the bond stands forfeited and the
procedure u/s 446 shall be applicable.

vii. Change in procedure of Summons Cases, Warrant Cases and summary trial: the law
commission suggested amendment in section 2(x) and 2(w) defining warrant cases and
summons cases respectively. It was recommended that as a general rule all offences
which do not carry punishment of imprisonment for more than three years can be tried
under the summons procedure without any prejudice to the accused. To ensure speedy
trial, the procedure must be simplified so that bulk of cases can be disposed more
expeditiously.

viii. Under sections 161 and 162 examination of witnesses and record of their statements:
section 161 empowers the police officer to record statements of persons. amendments
were recommended to sections 161, 162 and 164 and correspondingly 172 and 173 CrPC.
After discussion it was felt that substantial changes are necessary but in the absence of
arriving at a satisfactory solution it is better to leave the provision as it is.

It is necessary to amend section 164 CrPC, so as to make it

mandatory for the investigating officer to get statements of all material witnesses
questioned by him during the course of investigation recorded on oath by the magistrate.
The statement thus recorded will be of much evidentiary value and can be used as
previous statements. Such recording will prevent the witness turning hostile at their free
will. It will also help the police to complete the investigation and submit a final report on
the basis of such statements. It was suggested that if sufficient number of Magistrates are

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 appointed and if the separate investigating agency is set up promptly, the delay in
recording statement u/s 164 can be avoided. The alternative view was that retain the
provision as it is and introduce some safeguards against any error or malpractice in
recording with a view to make the statement more authentic.

ix. Protection and facilities to witnesses: section 174 IPC and Section 350 of CrPC
provides for punishment for non-attendance by witnesses in obedience to the summons
issued by the court. The absence of witnesses and the absence of a system of day-to-day
hearing are some of the main causes for the delays. The convenience of witness is not at
all kept in view and if he fails to turn up on the next date harsh steps are taken against
him.
Committee recommended that that the allowances payable to the witnesses for their
attendance in the courts should be fixed on a realistic basis and that payment should be
effected through a simple procedure which would avoid delay and inconvenience. Section
312 of CrPC and the rules made thereunder will have to be suitably amended. Allowance
should be provided to them for all the days they attend. Adequate facilities should be
provided in the court premises for their stay. Necessary confidence has to be created in
the minds of the witnesses that they would be protected from the wrath of the accused in
any eventuality. The court should proceed with trial on a day-to-day basis and the listing
of the cases should be on those lines. The High Courts should issue necessary circulars to
all the criminal courts giving guidelines for listing of cases.

x. Under section 313 examination of accused: section 313 empowers the court to examine
the accused at any stage of any inquiry or trial for the purpose of enabling the accused to
explain any circumstances in the evidence appearing against him1.
In the criminal justice system the principle of audi alteram or fair hearing is incorporated
in section 313 of the code of criminal procedure which empowers a trial judge to give a
reasonable opportunity to an accused to explain incriminating facts and circumstances in
the case. Fair procedure, pre-supposes that both sides should be heard, audi alteram
partem, ‘hear the other side’. This is the most important principle of natural justice as it
includes almost every aspect of fair procedure. This principle is broader in that it would
1
Section 313(1) (a).

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 include the rule against bias since a fair hearing must be an unbiased hearing. All the
three principles of natural justice form part of a specific design for ensuring that power is
exercised considerately and fairly. In Tilkeshwar Singh v. State of Bihar2 the
examination of the accused was not in the question-answer form, the Supreme Court
found that by filling of written statements, no prejudice was caused to him. This decision
lays down that whatever be the form of examination of accused u/s 313; no prejudice
should result to the accused.3 The view of the committee was that the Court can take the
assistance of the prosecutor and defence counsel and prepare the questions which are to
be put in a concise form to the accused u/s 313. The courts can also permit the filing of
written statements by the accused as sufficient compliance with section 313.
xi. Under section 320 compounding of offences: the code of criminal procedure in section
320 contains detailed provisions for compounding of offences. The rationale for
compounding the offences is that the chastened attitude of the accused and the
praiseworthy attitude of the complainant in order to restore peace and harmony in society
must be given effect to in the composition of offences. It was suggested by senior police
officers at the various workshops that the CrPC should empower the investigation
officers to compound offences, which are compoundable, at the investigation stage and
make a report to the magistrate who will give effect to the composition of such offences.
This step will reduce the no of cases proceeding for trial at the threshold stage itself and
relieve the court docket to a great extent.
The view of the committee was that such this will have a statuary
effect and to ensure that there is no coercion or abuse by the police staff, the report of the
investigating police officer incorporating the desire of the disputants to compromise can
be got arrested by a member of the district legal service authority or a member of the
village panchayat.

2
AIR 1956 SC 238.
3
Ajmer Singh v. State of Punjab, AIR 1953 SC 76.

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 xii. Plea Bargaining: The Law Commission of India advocated the introduction of ‘Plea
Bargaining’ in the 142nd, 154th and 177th reports. The 154th Report of the Law
Commission recommended 'plea bargaining' as an alternative method to deal with huge
arrears and backlogs of criminal cases. The 154th Report of the Law Commission
recommended the new XXIA to be incorporated in the Criminal Procedure Code. The
said Report indeed referred to the earlier Report of the Law Commission, 142nd Report,
which set out in extensor the rationale behind the said concept, its successful functioning
in the USA and the manner in which it should be given a statutory shape. The Report
recommended that the said concept be made applicable as an experimental measure to
offences which are punishable with imprisonment of less than seven years and/or fine
including the offences covered by section 320 of the Code. It was also recommended that
plea-bargaining can also be in respect of nature and gravity of the offences and the
quantum of punishment. It was observed that the said facility should not be available to
habitual offenders and to those who are accused of socio-economic offences of a grave
nature and those accused of offences against women and children. The recommendation
of the 154th Law Commission Report was supported and reiterated by the Law
Commission in its 177th Report. Further, the Report of the Committee on the reform of
criminal justice system, 2000 under the Chairmanship of Justice (Dr) Malimath stated
that the experience of United States was an evidence of plea bargaining being a means for
the disposal of accumulated cases and expediting the delivery of criminal justice. Based
on the recommendation of the Law Commission, the new chapter on plea bargaining
making plea bargaining in cases of offences punishable with imprisonment upto seven
years has been included in Cr.P.C and the same has come into effect from 05.07.2006. A
consideration of Chapter XXI-A dealing with plea bargaining will show that certain
procedure prescribed for plea bargaining under Sections 265-A to 265-L of Cr.P.C are to
be complied to make it a valid plea bargaining.

  The Hon’ble Supreme Court in the case of Kachhia Patel Shantilal Koderlal v.
State of Gujarat and Anr.4 strongly disapproved the practice of plea bargain. The Apex
Court held that practice of plea bargaining is unconstitutional, illegal and would tend to
encourage corruption, collusion and pollute the pure fount of justice. Similarly,
4
1980 CriLJ 553

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 in Kasambhai v. State of Gujarat5, the Supreme Court of India has examined the
concept of plea bargaining had expressed an apprehension that such a provision is likely
to be abused.

xiii. Setting up of Nyaya Panchayats: its scope of jurisdiction and nature of offences to
be tried by them-
To resolve the disputes with people participation in the administration of justice is
the constitutional goal mandated by Article 39A of the constitution. Justice should be
delivered on the basis of equal opportunity, and shall, in particular, provide free legal aid,
by suitable legislation or schemes or in any other way, to ensure that opportunity or
securing justice are not denied to any citizen on the ground of economic or other
disabilities. For this purpose nyaya panchayats are organized to reduce the burden on the
state court system and not so much as to prevent denial of justice because of economic
and other disabilities.
The commission was in the view that the recommendation of the Law
Commission in its 114th report on the presiding officers of Gram Nyayalaya may not be
feasible because of serving Munsifs/ Civil judges will not be able to shoulder the
additional burden of presiding over Gram Nyayalayas in the rural areas. As it is, there is
docket explosion in the civil courts and the civil justice delivering system is adversely
affected by the phenomenon of huge backlog of cases leading to long delays in disposals.
Also lawyer should not be engage by the parties to appear before the Nyaya Panchayats
because it would introduce legal formalities into the system leading to delays in the
disposal of cases. And at last it would frustrate the very purpose for which the Gram
Nyayalayas are being introduced. The committee suggested that the State have to enacted
legislation on Nyaya Panchayats to suit their local needs and conditions. The Andhra
Pradesh Mandal Nyaya Panchayats Bill, 1995 may be adopted as a model on the
composition, powers and jurisdiction of the Nyaya Panchayats.

xiv. It also suggested insertion of new provisions for victimology and compensating the
victims: Crime affects the individual victims and their families. Many crimes also cause
significant financial loss to the victims. The impact of crime on the victims and their
5
AIR 1980 SC 854.

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 families ranges from serious physical and psychological injuries to mild disturbances.
However, in India the criminal law provides compensation to the victims and their
dependants only in a limited manner. Section 357 of the code of criminal procedure
incorporates this concept to an extent and empowers the criminal courts to grant
compensation to the victims. The report suggested that the principles of compensation to
crime victims need to be reviewed and expended to cover all cases. The compensation
should not be limited only to fines, penalties and forfeitures realized. It is necessary to
incorporate a new section 357-A in the code to provide for a comprehensive scheme of
payment of compensation for all victims fairly and adequately by the courts.
Accordingly, a new section S. 357A may be incorporated in the code for victim
compensation scheme. Under the scheme, victims of homicide or their bereaved relatives,
victims of serious physical injuries including rape, and victims of grievous hurt were
eligible for monetary assistance from the government, though it is not a right of the
victim as it is not a law but only an Executive order of the Government.

xv. Inquiry and trial of persons of unsound mind: the primary objective of the law of
criminal procedure is to ensure that accused persons are granted a fair trial. An accused
who is of unsound mind at the time of the inquiry or trial may not comprehend the
charges leveled against him and may be unable to explain the alleged criminal conduct.
Section 335 to 339 deals with the accused acquitted after the completion of the trial held
in accordance with sections 331 to 334. These sections may suitably be modified to
provide better treatment and rehabilitation of such persons according to the proposed
section 330(3) and the provisions of the Mental Health Act, 1987. All references to the
Indian Lunacy Act, 1912 in the code shall be deleted.

xvi. Procedure for maintenance of wives, children and parents: section 125-128 in chapter
IX of the CrPC lay down a self-contained speedy procedure for provision of maintenance
to wife, including divorced wives, children and parents. The aim of these provisions is to

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 ensure the neglected wives, children and parents for their sustenance 6. It was
recommended that section 125 needs to be amended. It recommended that the ceiling
limit in section 125(1) and in the first proviso to section 127(1) be deleted. The report
suggested to raise the ceiling to Rs. 5000/-. This view was unanimously supported in all
workshops. The 154th report reiterate the 132nd report that not only the monthly income of
the husband but also all his other resources may be taken into account.

xvii. Special protection in respect of women: to achieve the aim of speedy trial emphasis
should be on speedy investigation and commencement of rape trials. For this purpose
word “only” be substituted by “as far as practicable” in an absolute condition provided in
proviso to clause (a) of the bill formulated by National Commission for women, namely,
that an offence u/s 376 of the IPC (rape) shall be tried only by any such court presided
over by a woman may not be feasible in practice always. Report was of the view that the
insertion of section 164A should be modified and medical examination be made
preferably by a female medical practitioner. A speedy and detailed medical examination
of rape victims by doctors is essential for effective trial of rape offences. Likewise,
speedy dispatch of the report to the investigation officer is also necessary.

xviii. Punishment of Imprisonment for life sentencing and set off: the 154th law commission
report recommended insertion of new section 56 in the IPC to the effect “imprisonment
for life shall be rigorous”, with a view to resolve the doubts regarding the nature of
punishment of imprisonment for life. Further report said that to make the provision
explicit so as to give benefit of set-off to the life convicts section 428 can be amended by
adding the words ‘or imprisonment for life” after the words “sentenced to imprisonment
for a term’.
xix. Code of Criminal Procedure (Amendment) bill, 1994: Proposed changes: - in this
report necessary recommendation were made in the pending bill from the point of view to
have speedy trials. The 154th Law Commission has undertaken a study of comprehensive
revision of the Code of Criminal Procedure, 1973 so as to remove the germane problems

6
Bhagwan Dutt v. Kamla Devi; AIR 1975 SC 83.

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 leading to consequential delay in disposal of criminal cases. It was felt that some of the
clauses require to be considered and report proposes to deal with them in this chapter.
Clauses 2,3, 6, 9, 11 to 16, 23, 30, 31, 34, 35, 45 to 48 of the bill deal with minor changes
which may be retained. The committee said that Report suggested to incorporation of
certain new provisions that suggestions should also be included in the Bill in a
comprehensive manner before same comes up before the Parliament.
xx. Speedy justice: speedy justice is sine qua non of criminal jurisprudence. It is not only an
important safeguard to prevent undue and oppressive incarceration, to minimize anxiety
and concern accompanying the accusation but also to limit the possibility of impairing
the ability of an accused to defend himself. Indeed there is a societal interest in providing
a speedy justice. The right to speedy trial is recognized as a common law right flowing
from the Magna Carta.
The right to speedy trial is an integral and essential part of fundamental right to life
and liberty enshrined in Article 21 of the constitution of India. The Supreme Court, while
delivering its constitutional bench judgment in the case of Abdul Rehman Antulay v. R.
S. Nayak7 declared that right to speedy trial is implicit in Article 21 of constitution and
thus constitute a fundamental right of every persons accused of a crime, is one among
them.

7
AIR 1992 SC 1701.

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 Critical approach

The backlog of about 2 crore cases in the lower courts and 35 lakh in High Courts is the most
sneering evidence of the inadequacy of the system. The number of inmates housed in Indian jails
was almost 1, 00,000 more than their capacity. It was estimated that 70.5% of all inmates were
undertrials and of these 0.6% had been detained in jail for more than 5 years.

To reduce the backlog and efficiency numerous committees have been constituted and
various attempts to bring down the backlog and speed up judicial process have been made but
none of them have been instrumental in bringing about a substantial change. This project argues
that the introduction of this practice only nibbles at the edges of the problem and there is a need
for structural changes to solve the problem of backlog and pendency.

We currently have a system that is based around giving lawyers the opportunity to make huge
amounts of money for doing very little. Keeping people detained for days at a time in police
custody, people having to be subjected to police bail and all the restrictions that that might entail
without a conviction, victims having to wait to see justice done, witnesses having to wait, police
have to spend valuable resources keeping people in custody or administering bail or transporting
them to and from court.

Consideration should be given to the need to balance speed with justice – justice being about
convicting the guilty and acquitting the innocent, rather than focusing on the desire for
retribution.  If the government wants an efficient and just system they must start to engage more
with defence practitioners, the only people in the system who see cases through from start to
finish.

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Conclusion
This project examines the feasibility of the scheme suggested in the 154th Report of the Law
Commission of India, 1974. From the study conducted it has been ascertained that it is essential
to make appropriate amendments in the CrPC, 1973, particularly for rendering Speedy Justice.
To improve the quality of investigation, different changes proposed by the report. It was
suggested that Interrogation canters should be set up at district headquarters in each district
where they do not exist and strengthened where they exist. A mechanism for coordination
amongst investigators, forensic experts and prosecutors at the State at district level for effective
investigations and prosecutions should be devised. A suitable provision is made to exclude the
period during which the accused is not available for investigation on grounds of health etc. for
computing the permissible period of police custody. Refusal to entertain complaints regarding
commission of any offence should be made punishable. Stringent punishment for false
registration of cases & false complaints.

The common man suffers as the manner in which police investigation is

conducted is of critical importance to the functioning of the criminal justice system. A prompt
and quality investigation is the foundation of an effective criminal justice system. They also
raised the issue of non-registration of cases by police in some cases. On this, Sh. P.
Chidambaram informed Members that in Delhi all but sensitive FIRs are on website. Listing of
the cases should be done in such a way that the witnesses who are summoned are examined on
the day they are summoned. Also modification in S.125 to provide the right to appeal is
mentioned. The concept of plea bargaining should be made applicable as an experimental
measure to the offences which are punishable for imprisonment for less than seven years/or fine.
It should be in respect of the nature and gravity of offences and the quantum of the punishment.

Number of times the Apex Court too has glossed upon the matter and issued directions to reduce
the ever mounting arrears of cases before the courts. Most of these recommendations have been
given a practical shape, but the position instead of improving has further deteriorated. Such an
apathetic state of affairs has become a matter of concern to all. The reasons for delay are many
and could be classified as court related, legal profession related, litigants related and State
related. It is hoped that these guidelines probably bring relief to the litigants suffering from the
delayed justice.

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BIBLIOGRAPHY

i. Jagmohan Singh, “Right to Speedy Justice for Under Trial Prisoners”, (1999) Deep
& Deep Publications.
ii. Government of India, Law Commission of India, New Delhi, “Law Commission
Report 154th Vol. I & II”, (197????)
iii. J Y.V. Chandrachud, “Commentary on Criminal Procedure Code”, Wadhwa
Publications, 18th Edition, Vol. 1, 2006.

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