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WHAT IS THE OBJECT AND PURPOSE OF THE

CODE OF CRIMINAL PROCEDURE, 1898?

MUNIR AHMAD MUGHALhttp//ssrn.com/author =1697634

The object, purpose, or design of all procedural law is to further the ends of justice andnot to frustrate them by the introduction of endless technicalities. The object of the Code

is to ensure that an accused person gets a full and fair trial along certain well establishedand well under stood lines that accord with notions of natural justice. Where an accused

is tried by a Court, the court must be a competent court under the law vested with jurisdiction to try such cases, the accused must be told and made to understand the nature

of the offence of which he is being tried, his plea is recorded, he is provided with full and

fair opportunity to defend himself against the charge, it is substantial compliance of theoutward form of law. And where the accused alleges and shows substantial prejudicecaused to him the compliance of law is not substantial. In the former case, if there is an

error or omission in the trial it is called a curable irregularity which does not vitiate thetrial. In the later case where prejudice is caused to the accused and it is a substantial

 prejudice, such error, omission or mistake in trial is called incurable illegality and theconsequence of it is vitiating the trial. Justice is to be done and not denied. Justice is to be

shown to have been done according to law and it is not sacrificed at the alter of the procedure.

WHAT MATTERS RELATE TO PROCEDURE?

The honourable Supreme Court of Pakistan in the case reported as PLD 2001 Supreme

Court 607 observed that matters relating to remedy, mode of trial, the manner of takingevidence and forms of actions are all matters relating to procedure.

IS THE LAW OF PROCEDURE GIVEN BY THE CODE OF CRIMINAL

PROCEDURE, 1898 IS EXHAUSTIVE?

On matters in which the Code of Criminal Procedure, 1898 declares law and on points

specifically dealt with by this Code, it must be deemed to be exhaustive. Theauthoritative judgment was pronounced by the Privy Council as reported in 23 Cal. 563

(P.C.).In cases of absence of any provisions in case of a particular matter, the Court may act on

the principle that every procedure should be understood as permissible till it is prohibited by law. This view has been taken by the High Court in the case reported as 1992 MLD

1944.

WHAT IS TO BE DONE WHERE PROVISIONS OF TWO DIFFERENT

STATUTES INVOLVE?

8/16/2019 What is the Object and Purpose of the Co (2)

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Where the Offences punishable under different statutes are of similar nature, the accusedshall be tried under the statute which entails lesser punishment. The authority is available

in the case reported in 2003 MLD 165.

WHAT IS THE PHILOSOPHY BEHIND THE STATEMENT THAT ACCUSED

IS THE FAVOURITE CHILD OF LAW?

The philosophy behind this statement is to protect the liberty and honour of the innocent

 persons against whom a suspicion is shown and an allegation is levelled to have violatedthe law of the land. It is not to aid the criminals or the offenders or to deny the rights of

the victim or the complainant. Law is equal for all. Courts are to act according to law andthe over all object is to administer justice fairly and openly, expeditiously and

inexpensively. It is the element of false involvement for vested interests that this care andcaution is taken. Where an offence is proved beyond any reasonable doubt the convict is

to suffer the consequence.

WHAT SHOULD BE THE APPROACH IN THE APPLICATION ANDENFORCEMENT OF CRIMINAL LAW?

Crime culture does not develop overnight; it has long and deep roots. To eradicate any

evil proper awareness and education is needed at all levels and it is the cooperation andcoordination of all members of the society that can control the evil. But it needs constant

check even when it comes under control. Our law schools and law colleges and even theUniversities and higher education academies general and special are to play a role in

national cause in creating this awareness and mutual cooperation. A dynamic and progressive approach in the application and enforcement of criminal law is required so as

to eliminate the mischief which has crept into the criminal justice administration wherebythe accused frustrate the provisions by deceit, cleverness, sham excuses and contrivances

or get away from the rigours of law due to loopholes in the law of the procedure.Courts are not to act in aid of injustice to perpetuate illegalities or put a premium on ill-

gotten gains.

Basic Principles of Criminal Justice:

  Law is to define the offence and its punishment.

  Fair investigation is the right of both the victim and the accused.

  Charge is to be clearly stated.

   No man is to be condemned unheard.

  Law must treat all equally.

 

Prosecution is to stand on its own legs. 

Benefit of doubt is to go to the accused.

  Accused has the right to engage a counsel.

  Both the prosecution and the accused are to be given full opportunity of evidence.