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Ex Facie Mistakes in the Code of Criminal Procedure

By Justice G. Rajasuria

Published In

CRLJ 2007

Trite, the proposition of law is, that the concept ‘committal of the accused’ has been replaced by the concept ‘committal of the case’ in the Code of Criminal Procedure, 1973, by deviating from the old code. The words used quite antithetical to such a scheme, in Sections 170 and 322 of the Code of Criminal Procedure, deserve to be replaced thus. In Section 170, Cr. P.C. the words ‘commit him’ should be replaced by ‘commit the case’. The word ‘accused’ in sub-clause (2) of Section 322 should be replaced by ‘case’. There is one glaring mistake in the much read Section 437, Cr. P.C. as amended by virtue of Section 37 Cr. P.C. Amendment Act, 2005, which newly brought in the words “a cognizable offence punishable with imprisonment for three years or more but not less than seven years” in the place of the then existed words “a non-bailable and cognizable offence”. However, the w ....

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