complete code on the subject it
covers. He referred to how the NDPS Act sometimes overrides the
Code of Criminal Procedure , 1973 (“ CrPC ... section 41 or section 42 officer
was also hit by section 25 of the Evidence Act. He added that the
special procedure in section
that when an
offence described in Section 463 or punishable under Section 471 , Section
475 or Section 476 IPC is alleged to have been committed ... Criminal Procedure 1908 (for short 'old Code'). Sub-section (1) (c) of
Section 195 of Old Code read as under:
" Section
such under Section 28 . Section 28
discusses Designation of Special Courts. Similarly Section 31
deals with Application of Code of Criminal Procedure , 1973 to
proceedings ... section (3) of section 376 or section 376 AB or
section 376 DA or section 376 DB of the Indian
Penal Code , give notice
punishment in section 302 of the
Indian Penal Code read with section 354 sub-section (3) of
the Code of Criminal Procedure cannot be sustained ... provided under section 302 of
the Indian Penal Code read with section 354 sub-section (3)
of the Code of Criminal Procedure , 1973 does
After completing the investigation, a report under Section
173 of the Code of Criminal Procedure, 1973 (hereinafter
called as " Cr.PC "), was filed ... parties and perused the records.
Charges under Section 188 IPC:
19. Section 195 Cr.PC reads as under :
"195. Prosecution for contempt of lawful
Executive Magistrate, it was submitted, being protected under Section
132 of the Code of Criminal Procedure, could never be termed as an
offence so implicating ... usefully refer to Section 154 of the
Code of Criminal Procedure, 1973 ( Cr.P.C .) which reads as under :
"154. Information in cognizable cases
Article 32 of the Constitution (W.P. (Crl.) No. 542/86)
questioning the constitutional validity of Section 197 ... charges framed by him do not
require the sanction under Section 197 Cr.P.C. Special Leave was granted in
the above matters and further
Section 5 , sub-section
(2) provides as follows :-
"Save as provided in sub-section (1) the provisions of the
Code of Criminal Procedure ... relevant
legislative provisions are sections 3 and 4 , Indian Penal
Code, and section 188 , Criminal Procedure Code, and the
question is whether by express
dying declaration, recording of statements of
witnesses under Section 161 of the Code of Criminal Procedure ( CrPC ), the
medical examination, holding ... Sections 120B / 365 / 366 / 376(2)(g) / 377 / 201 / 395 / 397 / 412 IPC to run
concurrently and that the benefit under Section 428 CrPC
Code of Criminal Procedure . The said Code contains
two fascicule of sections dealing with two
different situations. Under s. 268 of the Code ... described as
"reference jurisdiction". Section 307 of the Code
of Criminal Procedure, while continuing the
benefits of the jury system to persons tried
