Question

The Criminal Procedure Code ensures that

• A. Principle of separation of powers of each limb of the State is not breached
• B. Principle of combined of powers of each limb of the State is not breached.
• C. (a) and (b)
• D. Principle of separation of powers of each limb of the State is breached.

Hint:

Remember that the Cr.P.C. is a procedural law that gives effect to constitutional principles like the separation of powers (Article 50). This link between procedural law and constitutional mandates is a frequent topic in law exams.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question asks about a fundamental principle that the Code of Criminal Procedure (Cr.P.C.), 1973, upholds. The Constitution of India, under Article 50 (a Directive Principle of State Policy), directs the State to take steps to separate the judiciary from the executive in the public services of the State.
Step 2: Detailed Explanation:
The Cr.P.C., 1973 was enacted to reform the previous code and one of its primary objectives was to implement the constitutional mandate of separating the judiciary from the executive.
It achieves this by creating two categories of Magistrates:
1. Judicial Magistrates: They are under the control of the High Court and are responsible for judicial functions like conducting trials, passing judgments, and granting remands.
2. Executive Magistrates: They are under the control of the State Government and are tasked with executive and administrative functions like maintaining law and order, granting licenses, etc.
By clearly demarcating these roles, the Cr.P.C. ensures that the executive (which is often the prosecuting agency) does not have judicial powers, thereby preventing a conflict of interest and ensuring a fair trial. This upholds the principle of separation of powers. Options A and D are identical, with A being the correct statement.
Step 3: Final Answer:
The Cr.P.C. ensures that the principle of separation of powers is not breached by dividing the functions between Judicial and Executive Magistrates. Therefore, option (A) is the correct answer.