Facts of Indian Penal Code, Criminal Procedure Code & Civil Procedure Code.

Facts of Indian Penal Code, Criminal Procedure Code & Civil Procedure Code.

Some Known & Some Unknown Facts of Indian Penal Code

This is a pretty interesting fact, as I will be discussing some known and some unknown facts of Indian Penal Code.

So, let’s begin with the first fact that is;
 
▲The Indian Penal Code (or I P C) is the official criminal code of India.
 
▲The Code is comprehensive and covers all substantive aspects of the criminal law.
 
▲The code was enacted on October 6, 1860 on the recommendations of the first law commission.
 
▲The Code was commenced on January 1, 1862.
 
▲ Apart from India, this Penal Code is prevalent in Pakistan (Pakistan Penal Code), & Bangladesh.
 
▲The draft of the Indian Penal Code was prepared by the First Law Commission, chaired by Thomas Babington Macaulay in 1834 and was submitted to the Governor-General of India Council in 1835.
 
▲The first final draft of the Indian Penal Code was submitted to the Governor-General of India in Council in 1837, but the draft was again revised.
 
▲The drafting was completed in 1850 and the Code was presented to the Legislative Council in 1856, but it did not take its place on the statute book of British India until a generation later, following the Sepoy Mutiny of 1857.
 
▲The draft then underwent a very careful revision at the hands of Barnes Peacock, who later became the first Chief Justice of the Calcutta High Court.
 
▲Macaulay did not survive to see the penal code he wrote come into force, having died near the end of 1859.
 
▲The code came into force in Jammu and Kashmir on 31 October 2019, by virtue of the Jammu and Kashmir Reorganization Act, 2019, and replaced the state's Ranbir Penal Code.
 
▲The Indian Penal Code of 1860 has a total 23 Chapters and 511 Sections.
 
▲ By the time, Indian Penal Code has witnessed a total 77 Amendments.

Some Known & Some Unknown Facts of Criminal Procedure Code

 The most important question in this article is, if the criminal procedure code was enacted in 1973, then what was before that?

Was there no criminal procedural law?

What do you guys think?

What could be the answer to this question?
 
This is a pretty interesting article, as I will be discussing some known and some unknown facts of Code of Criminal Procedure, 1973.
 
Let’s check it out:
 
▲ The Code of Criminal Procedure or Criminal Procedure Code, or even simply Cr. P. C. that provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty, is the main legislation on procedure for administration of substantive criminal law in India.

▲ The current Criminal Procedure Code was enacted in 1973 and came into force on April 1, 1974.

▲ It has a total 37 chapters, 484 Sections, 2 schedules, and 56 forms.

▲ By the time, the code has been amended 18 times, and the latest amendment was done in 2018.

Historical Background:

▲ First time, British rulers passed the Regulating Act of 1773 under which, a Supreme Court was set up in Calcutta and later on at Madras and in Bombay.

▲ The Supreme Court was instructed to apply British procedural law while deciding the cases of the Crown’s subjects.

▲ The Criminal Procedure Code, 1861 was passed by the British parliament; however, the criminal procedure code was created first time ever in 1882 and then amended in 1898, and then as per the 41st law commission report in 1973.
 
Besides, the major bodies that function under the criminal code are:

▲ Supreme Court of India;
▲ High Courts;
▲ District and Session Judge and Additional District Judges;
▲ Judicial Magistrates;
▲ Executive Magistrates;
▲ Police;
▲ Public prosecutors;
▲ Defence Counsels; and
▲ Correctional services personnel


Some Known & Some Unknown Facts of Civil Procedure Code

The codes of civil procedure are the body of provisions, rules, order, instructions, and guidelines that the civil courts bound to follow right from the filing of civil suits till the execution of the decree and order.

In other words, civil procedure code regulates all the acts of a civil court and gives instructions on how to initiate and end a lawsuit in the civil courts.
The purpose of civil procedure code is to implement the principles of Substantive Law and to ensure fair justice by enforcing the rights and liabilities.
 
Historical Background

▲ First time, the Legislative Council of India, enacted Code of Civil Procedure, 1858, which received the assent of Viceroy on 23 March 1859.

▲ But it did not meet the challenges and hence was replaced by Code of Civil Procedure, 1877.

▲ In 1882, in order to increase the flexibility for timeliness and effectiveness, it was amended.

▲ However, finally, by overshadowing the code of civil procedure, 1882, the present code of civil procedure was passed and enacted on 21 March 1908 and commenced on 1 January 1909.
 
Facts:

▲ The civil procedure code has 12 parts, which contain 158 Sections.

▲ These sections of code describe the general principles related to the power of the court.

▲ In the beginning, the code had 5 schedules, but all the schedules were repealed except schedule First.

▲ Further, the First Schedule, which is the only schedule now, has 51 orders and each order has a certain number of rules, which, in fact, vary from order to order.

▲ The schedule describes the procedures, methods, and manners in which the jurisdiction of the court may be exercised.
  
Amendments:

Even after its commencement (that is from 1 January 1909), it has been amended many times; however, the major and latest amendments are:

▲ Amendment of 2002;
▲ Amendment of 2015; &
▲ Amendment of 2018.

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