criminal appeal or even suo motu
particularly, in view of the provisions of Section 362 of the Code of
Criminal Procedure, 1973 (hereinafter called ... courts "are bound by the Penal
Code and Criminal Procedure Code " by the very `oath' of the office.
3
(See: Joseph Peter
commitment. [224 G-H, 225 A-C]
8. The procedure provided in Criminal Procedure Code
for imposing capital punishment for murder and some other
capital ... history of the relevant
provisions of the Indian Penal Code and the Code of Criminal
Procedure , it is clear that in our country there
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
Penal Code. Its
appropriate place was in the Procedure Code and so s. 433A
was enacted when the Criminal Procedure Code was amended ... Procedure Code. Once we accept the
irrefutable position that the execution, remission and
commutation of sentences primarily fall, as in the earlier
Code ( Criminal Procedure
herein under Section 357(3) of the Code of Criminal
Procedure, ( Cr.P.C .in short) and in default to
undergo simple imprisonment ... Pillay submitted that according to the
scheme of the Criminal Procedure Code , if any
amount is to be recovered on account of default in
payment
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 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
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
relying upon the provisions of the said Act and
the Code of Criminal Procedure . The High Court of
Bombay by its impugned judgment and order ... provision of the Code is excluded either expressly or by
necessary implication.
Section 220 of the Code of Criminal Procedure
provides as follows
Such prescription contained in the Criminal Procedure Code , though
procedural, the substantive part rests in the Penal Code for the ultimate
confirmation or modification ... substantively provided for in the Penal
Code, procedural part of it is prescribed in the Criminal Procedure Code
and significantly one does not conflict with
