Salient Features of CrPC
Procedural Law
Created in 1973, on recommendation of the 41st Law Commission
CRPC is committed to the fundamental principle of Article 21.
Principles of Natural Justice
Audi Altum Partem: Hear the other side.
Nemo Judex Causa Sua: No person can be a judge in his own case.
Recusal of Judge
CrPC has a principle of Right to Fair Trial, Natural Justice.
At the same time, CrPC also provides the test of reasonability, to be followed by judges.
CRPC has 37 chaptes, 484 sections, and it established the hierarchy of court and following important mechanisms:
It defines (non)cognizables offence.
CrPC also defines (non)compoundable offences.
It defince (non)bailable offence. (Under CrPC Sec. 436)
It defines summon/warrtent cases.
Registering a FIR and Police Behaviour.
Requirement of Criminal Justice Reforms in India
Being colonial in origin, our CJS was more punitive/retributive rather than reformative.
So far, IPC & CRPC has failed to inculcate various Supreme Court judgements which are essential for Criminal Justice Reforms.
Arnesh Kumar v. State of Bihar, 2014 FIR should not be registered under Article IPC-498a (Dowry Protection), until and unless a proper preliminary inquiry has been done by Investigating Officer.
Prakash Singh v. Union of India, 2006 (Police Reforms)
Vishaka v. State of Rajasthan, 1997 (Women safety at Workplace)
Shreya Singhal Case (Right to Digital Freedom)
In India, scope of bail is very limited, like in CrPC 41-A.
Satyendra Kumar Antil v. CBI, Supreme Court asked the Central Government to do a proper bail reforms in our country.
In the past few years, various cases of political prisioners are on increase. In order to rectify it, out legal jurisprudence, should have a well-defined approach toward following provisions of IPC.
IPC 124A: Sedition
Kedarnath Singh Case: Until and unless there is a clear-cut proof that the person's statement is disturbing the tranquillity, merely saying something doesn't amount to sedition.
Thwah Faisal Case: Merely reading certain document does not amount to sedition.
IPC 124A has been upheld in Kedarnath Singh case, and at the same time it is very much required to maintain the soverignity and integrity of socity.