Bail-Anticipatory Bail- Section 438 of the Code of
Criminal Procedure Code, 1973 (Act 2 of 1974), Scope of-
Judicial balancing of personal liberty ... Code of Criminal Procedure , 1973
(Act 2 of 1974) thus:
(1) The power under Section 438 , Criminal
Procedure Code, is of an extra-ordinary
character
Constitution of India and Section 482 of the Code of Criminal
Procedure, 1973 (hereinafter called as “ CrPC ”) are a device to
advance justice ... appropriate case when moved under Section 491 of the
Criminal Procedure Code to give directions in the nature of
habeas corpus. In such a case
legally authorised-Non-substante clause
in s.7(1) -Effect of.
Criminal Procedure Code , 1973: Sections 374, 406 & 407-
Transfer of case-Power ... from
correction even though they cause prejudice and do injury.
Criminal Trial- Criminal Procedure Code , 1973-sec. 223-
Whether an accused can demand
complete code on the subject it
covers. He referred to how the NDPS Act sometimes overrides the
Code of Criminal Procedure , 1973 (“ CrPC ... person who has been arrested. Coming to the provisions
of Code of Criminal Procedure , Section 161 empowers a
police officer making an investigation to examine
more elaborately specified in the Code
of Criminal Procedure . While dealing with the provisions of Criminal
Procedure Code on this aspect we will make reference ... Criminal Procedure while considering the second part
of the first question referred for our consideration.
When we come to the provisions of Criminal Procedure Code
Prevention of Corruption Act, 19887, the Indian Penal Code , 18608
and the Code of Criminal Procedure , 19739 which are also under
challenge. However ... Companies Act ”
7 For short, “ PC Act ”
8 For short, “ IPC ”
9 For short, “ Cr.P.C . or “the 1973 Code”
23
leave petitions concerned
procedure laid down by
436
the Ordinance for trial before such Courts varied from the
normal procedure prescribed by the Criminal Procedure Code ... procedure which is dif-
ferent from and less advantageous to the accused than the
ordinary procedure laid down in the Criminal Procedure Code ,
and thereby
procedure for trial of a criminal case is expressly laid down, in India, in the
Code of Criminal Procedure . It was submitted that the Code ... Criminal
Procedure lays down specific and express provisions governing the
procedure to be followed in a criminal trial. It was submitted that the
procedure laid
procedure would be retrospective and he further says that this
affects his right of appeal under the Criminal Procedure Code . But
if this ... provision to indicate that the new procedural
law is retrospective. No right of appeal under the Criminal
Procedure Code is affected because no proceedings
Section 302, Penal Code, and the sentencing procedure embodied in Sub-section (3) of Section 354 of the CrPC, 1973.
2. The reference ... Indian Penal Code for the offence of murder, and the sentencing procedure provided in Section 354(3) of the CrPC, 1974. That
