May 28, 2024, 7:20 am

Criminal law

Short Title and Commencement of Code of Criminal Procedure


32 DLR 1 (SC) Bangladesh vs Shahjan Siraj-  Short Title and Commencement of Code of Criminal Procedure ,this existence of a special law, however, does not mean exclusion of the code,unless the special law expressly or impliedly provides that certain offence shall be tried exclusively by courts constituted.The effect of  section 1 (2) in the background of section 29 of the Code is that where the special law provides for trial of  particulars offence by particulars courts they shall so trial exclusively.Every court in the absence of any express provision in the code  for that purpose, must be deemed to possess, as inherent in its constitution, all such power as are necessary to do the right and to undo a wrong in the course of the administration of justice. A special tribunal, although a criminal court,constituted by the special statute,is not a criminal court within the meaning of the Criminal procedure.

20 DLR 271 (WP)- Gahena Vs The State- The words “in the absence of any specific provision to the contrary” in s 1(2) mean and contemplated a provision specific in affecting the special or local law. It means that there may be a specific provision in the local law or special  law that the Cr.P.C will apply to the proceedings under the Act . If it is not so provided,Cr.P.C will not apply.

9 DLR 20 A (SC)- Chief Secretary, East Pakistan Vs Musleuddin- The E. P. Ordinance x11 of 1956 being a special Law, all its provisions as regards the jurisdiction of the courts and procedure to be followed are saved by s 1(2)  and s 5(2) of the Cr.P.C.

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