Question

What is provided by the Code of Criminal Procedure 1973?

• A. The Code provides the procedure for the implementation of the criminal justice system
• B. It provides the mechanism for the investigation in to trial of offences
• C. The code provides the procedure for the implementation of the civil justice system.
• D. (a) and (b)

Hint:

Remember the fundamental distinction: Indian Penal Code (IPC) is the substantive criminal law (tells you \textit{what} an offence is), while the Criminal Procedure Code (Cr.P.C.) is the procedural criminal law (tells you \textit{how} to deal with an offence).

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks for the primary purpose and scope of the Code of Criminal Procedure (Cr.P.C.), 1973. It is essential to understand the distinction between substantive law (which defines rights and offences) and procedural law (which provides the mechanism for enforcing them).
Step 2: Detailed Explanation:
The Cr.P.C. is the primary legislation in India that governs the procedure for the administration of criminal law.
- Statement (A) says the Code provides the procedure for implementing the criminal justice system. This is a broad and accurate description. The criminal justice system involves police, prosecutors, courts, and correctional institutions, and the Cr.P.C. lays down the procedures for all of them.
- Statement (B) says it provides the mechanism for investigation into and trial of offences. This is also correct and more specific. The Cr.P.C. details how an FIR is lodged, how police investigate, how evidence is collected, how charges are framed, how a trial is conducted, and the processes for appeal and revision.
- Statement (C) is incorrect as the Cr.P.C. deals with criminal justice, not the civil justice system, which is governed by the Code of Civil Procedure (C.P.C.).
Since both (A) and (B) accurately describe the functions of the Cr.P.C., the combined option (D) is the most comprehensive and correct answer.
Step 3: Final Answer:
The Code of Criminal Procedure provides the overall procedure for the criminal justice system, which includes the specific mechanisms for investigation and trial. Therefore, option (D) is the correct answer.