What is the Scheme of the Code of Criminal Procedure, 1898 in Pakistan Scenario?
3 Pages Posted: 6 Oct 2011
Date Written: October 4, 2011
A procedural law is the machinery to implement the substantive law or the mechanism or procedure or the ways and means to do so. The end of all law is to do justice, to protect rights of the people who are subject to it.
A bare look on the Code of Criminal Procedure, 1898 tells that it is a collection of certain laws that were in existence when it was passed, it deals with the subjects that relate to offences or crimes, and it was enacted in the year 1898. In the year Book, which is kept in the Legislature for record and convenience of consultation of the various Acts it passed, it has been given No. V. That means that in the year 1898 it was the 5th enactment the legislature passed that year. It was British tradition to show the number of an Act in Roman figures and the year of the Act in Arabic digits which are now called English digits.
The Code of Criminal Procedure, 1898 has a preamble which tells the object and reason for its passing. It has nine parts, 47 chapters, 564 sections and 5 schedules. Thus it is considered among the lengthiest laws in Pakistan legal corpus on the general criminal side. The word general indicates that there are also special enactments and in case of conflict between general and special law the special is to hold the field in the facts and circumstances dealt with by it.
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