8 Pages Posted: 6 Oct 2011 Last revised: 15 Jul 2012
Date Written: June 1, 2011
The Preamble of the Code of Criminal Procedure, 1898 states that it is “ an Act to consolidate and amend the law relating to the Criminal Procedure”. What is meant by this statement? The Code of Criminal Procedure, 1898 was passed and made a law in the British India on 22 March 1898. The British rule was established in 1857. The intervening period (1857-1898) was not a period without any law. There was general Criminal Procedure Code of 1861 (Act XXV of 1861). It was replaced by Act X of 1872. After a decade in 1882 a uniform law of procedure came in the form of Act X of 1882 for the whole of the British India. It was supplemented by a new Code in 1898.
Consolidation means bringing the scattered law at one place. Consolidation speaks itself that the law existed in the sub-continent prior to the process of consolidation. Why consolidation? It is done in the interest and betterment of the people subject to law when seen expedient by the competent legislature.
Amendment means modification by way of making addition, omission, or substitution in the already made law. Law maker has the right to rescind or repeal or amend the law. The expediency is to be seen by the legislature for doing so. An amendment is effective prospectively unless the law maker shows its intention in the very law that it will have retrospectively or from any particular date.
Suggested Citation: Suggested Citation
Mughal, Justice (R) Dr. Munir Ahmad, The Preamble of the Code of Criminal Procedure, 1898 (June 1, 2011). Available at SSRN: https://ssrn.com/abstract=1938582 or http://dx.doi.org/10.2139/ssrn.1938582