Introduction to
Law of Criminal
Procedure
Presented by:
Md. Sadekul Islam
Department of Law, BUP
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OVERVIEW OF THE LECTURE
Introduction to the Law of Criminal
Procedure
Object of the Law of CrP
Introduction to the Code of Criminal
Procedure 1898
Nature and History of CrPC 1898
Basic Conceptual Issues of Law of
CrPC
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Introduction to Law of CrP
A branch of criminal law.
Criminal law has TWO fields:
a. substantive criminal law
b. Criminal procedure
SCL deals with definition,
punishments for various crimes.
CrP is the process used in dealing with
proving of guilt or innocence.
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A simple explanation is: substantive law
is the what and procedural law is
the how.
In other words, substantive law defines
the acts that constitute criminal behavior
and what a prosecutor must prove to
convict one of a crime. Procedural law
sets limits and bounds around how a
prosecutor may go about proving your
case.
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Object of Law of CrP
Provide legal procedure for
enforcement of penal provisions.
provide the means and methods by
which ----
i. speedy and accurate ascertainment
of facts as to offence will be
ensured.
ii. accused persons will be brought
before court.
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iii. Impartial inquiry or investigation will
be ensured.
iv. Courts will reach its decisions after
satisfying all the procedures.
v. Infliction of the penalty will be
secured in case of conviction.
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History of Law of CrP in BD
No uniform law of criminal
procedure before 1882.
Separate Acts for guiding procedure
of courts in Provinces and Presidency
Towns.
In 1847, first law commission formed
to prepare a code in compliance with the
draft Penal Code.
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Draft examined and considered by
2nd Law Commission and ultimately
passed an Act in 1861, and made
effective in 1862.
The Act of 1861 amended for
several times and was replaced by the
Act of 1872, but not applied to High
Courts or Presidency Magistrate Courts.
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In 1875, an Act was passed for High
Courts and Courts of Presidency Towns.
Criminal Procedure Code of 1882 was
passed consolidating all the previous Acts.
Code of 1882 was the first uniform law.
Code of 1882 was amended in several
times and finally, the Code of Criminal
Procedure 1898 was passed.
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The Code of 1898 came into force on 1st
of July 1898 and still in force in BD.
Significant changes made after the
separation of judiciary in 2007 by the Code
of Criminal Procedure (Amendment) Act
2009.
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Nature of CrPC 1898
A branch of procedural law.
Prime general law of procedure for
criminal proceedings in BD.
Deals with constitution,
classification and powers of criminal
courts in BD.
Contains some substantive elements.
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CrPC 1898
Code of 1898 provides the machinery
for ---
– Receiving the information of crime
– Apprehension for suspected criminals
– Investigation or inquiry
– Collection of evidence
– determination of guilt or innocence of the accused
– Security for keeping peace and good behaviour
– Maintenance of public order and tranquillity
– Maintenance of wife, children and parents etc.
– Public nuisance etc.
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Basic Concepts of CrP
Presumption of Innocence
Benefit of Doubt
Cognizable and Non-cognizable
offences (see Sec. 4)
Bailable and Non-bailable offences
(see Sec. 4)
GR and CR case
Mens rea or motive
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Thank You
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