Whether preamble of indian constitution is part of indian constitution?

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Preamble:- A Part Of The Constitution Or Not
The vexed question whether the Preamble is a part of the Constitution or not was dealt with in two leading
cases on the subject:
1. Berubari case [1]
2. Kesavananda Bharti case [2]
On the answer to the primary question- whether the Preamble is a part of the Constitution, would depend the
resolution of the next question, which follows as a corollary- whether the Preamble can be amended, if at all.
Berubari case was the Presidential Reference "Under Art. 143(1) of the Constitution of India on the implementation of
the Indo-Pak agreement relating to Berubari union and exchange of enclaves" which come up for consideration by a
bench consisting of eight judges headed by B.P.Sinha, C.J. Justice Gajendragadkar delivered the unanimous opinion
of the court. Quoting story, the eminent Constitutional jurist, the court held that the Preamble to the Constitution
containing the declaration made by the people of India in exercise of their sovereign will, no doubt is "a key to open
the minds of framers of the Constitution" which may show the general purposes for which they made the several
provisions in the Constitution but nevertheless the Preamble is not a part of the Constitution.
The holdings in Berubari Case has been succinctly summed up later by Shelat and Grover, JJ. In
Kesavananda Bharti case as under:
1. A Preamble to the Constitution serves as a key to open the minds of the framers, and shows the general purpose
for which they made the several provisions in the Constitution;
2. The Preamble is not a part of our Constitution;
3. It is not a source of the several powers conferred on government under the provisions of the Constitution;
4. Such powers embrace those expressly granted in the body of the Constitution and such as may be implied from
those granted;
5. What is true about the powers is equally true about the prohibitions and limitations;
6. The Preamble did not indicate the assumptions that the first part of the Preamble postulates a very serious
limitation on one of the very important attributes of sovereignty.
Berubari case was relied on in Golaknath case [3], Wanchoo, J. said- "On a parity of reasoning we are of the opinion
that the Preamble cannot prohibit or control in any way or impose any implied prohibitions or limitationson the bar to
amend the Constitution contained in Article 368".
Bachawat, J. observed- "Moreover the Preamble cannot control the unambiguous language of the Articles of the
Constitution".
It is a matter of regret, yet the eminent Judges constituting the bench answering the presidential reference in Berubari
Case overlooked a matter of record, that constitutional history. The motion adopted by the Constituent Assembly
stated in so many words that the Preamble stands as a part of the Constitution. The error came to be corrected in
Kesavananda Bharti case where the majority specifically ruled that the Preamble was as much a part of the
constitution as any other provision therein. It would be interesting to note what some out of the thirteen Judges
constituting the bench which decided Kesavananda Bharti case had to say about the preamble.
Kesavanada Bharati Case has created a history. For the first time, a bench of 13 Judges assembled and sat in its
original jurisdiction hearing the writ petition. 13 Judges placed on record 11 separate opinions. It is not an easy task
to find out the ratio of the holding of the court in the same case. It was held in this case:
a. that the Preamble to the Constitution of India is a part of Constitution
b. that the Preamble is not a source of power nor a source of limitations
c. the Preamble has a significant role to play in the interpretation of statues, also in the interpretation of provisions of
the Constitution.
Moreover in Bommai case [4] the majority of nine Judges laid down a new application of the Preamble under
the Constitution, which is as follows:
1. The Preamble indicates the basic Structure of the Constitution
2. A Proclamation under Article 356(1) is open to judicial review on the ground of violating the basic structure of the
Constitution.
3. It follows that a proclamation under Article 356(1), which violates any of the basic features, as summarized in the
Preamble of the Constitution is liable to be struck down as unconstitutional.
4. A further extension of this innovation is that a political party, which appeals to religion in its election manifesto, acts
in violation of the basic structure, and the President may impose President's Rule on a report of the Governor that a
party has issued such a manifesto.
In the same case three of the nine Judges have opined that the word "secularism" in the Preamble of our
Constitution.
A discussion on Preamble cannot be complete without making a reference of Mandal Commission case [5], which
was decided by a larger bench of nine Judges. A rainbow of judicial thoughts reflecting the significance, value and
message of the Preamble. B.P. Jeevan, J. held that the four folding objective of securing to its citizens justice, liberty,
equality and fraternity displays statesmanship of the highest order - Constitution of India.. The framers of the
Constitution did not rest content with evolving the framework of the state; they also pointed out the goal as spelled out
in the Preamble and the methodology for reaching that goal is elaborated in parts of the Constitution of India. In the
opinion of R.M. Sahai, J. the preamble to the constitution is a turning point in history. The Preamble of the constitution
has the sentiments and it is the key to the minds of the framers of the Constitution.
Endnotes
1. In Re:berubari union(1) (1960) 3 SCR 250
2. Kesavananda Bharti V. state of kerala (1973) 4 SCC 225
3. Golak Nath v. State of Punjab, !1967) 2 SCR 762
4. S.R.Bommai v. Union of India (1994) 3 SCC 1
5. Indra Sawhney v. Union of India AIR 1993 SC 477

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Salient Features of our Constitution: The Constitution of India

is a lengthy written document. It is flexible to some extent. Its salient
features can be understood from the following parts of the constitution:
I. The Preamble
II. The Articles (395 in number divided into 22 parts)
III. The Schedules (12 in number in A.D. 2000)
IV. The Appendix and
V. The Amendments (83 in number in A.D. 2000)
What are the salient features of 1956 constitution?
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•
Introduction:

Chaudhry Muhammad Ali, the prime minister promised after taking oath that he would design a new
constitution as soon as possible. So, on the idea of united Pakistan, he worked hard and a new
Constitution was developed that was imposed on 23rd March, 1956.
•
Islamic constitution: the Constitution was Islamic in nature hence declared Pakistan as
"Islamic Republic". No law was to be against the Islam and people were secured to live
according to Islam.
•
Written form: The Constitution was in written form with 234 articles ad 5 chapters. It was
detailed in all perspectives.
•
Flexible constitution: Even being written the constitution was flexible in nature as two-third
of the majority can veto for any amendments in the constitution.
•
Language: According to this constitution, two languages were declared as national : Urdu
and Bangoli whereas english was maintained as official language.
•
Federal constitution: Pakistan was declared a federation in this Constitution. It has two
provinces i-e East and West Pakistan. Each province has separate government which was free
in its internal affairs. But the important sectors were under the centre for the unity and power
of state. President was the head of federation.
•
Parliamentary form of government: Parliamentary form of government was placed in the
state according to which, President was the head of the state whereas prime minister was the
executive of the state. The cabinet was accountable to the state assemblies. President and
prime minister could use their powers through assemblies.
•
Unitary form of government: One chamber legislature was designed according to the
constitution. The chamber was entitled as National Assemble comprising of 300 members. The
tenure of the chamber was fixed to 5 years but could be dismissed before time in certain
cases.
•
Emergency Rule: In emergency, the powers were reserved to the centre and the centre
could impose emergence in case of any foreign invasion or internal disturbance in provinces.
Governor was to be given charge but according to the directions of the centre.
•
Court System: Supreme court in the centre and provincial courts were introduced. Court
were free in respect to their work and functions. Supreme court was the leading institution
that was to solve government issues, enable law imposition, comprehend constitution and
raise appeal against any high court decision.
•
Basic Rights: people were secured their basic rights and government was bound to not to
spoil those rights. If any government was to spoil people's right, supreme court was
authorised to reject the government's act.
 •
Leading Rules: In order to maintain and sustain the policy of the state, few leading set of
rules were made. These include the respect of UNO Charter, close relations with Islamic
countries, rights of minorities to be secured, promotion of education, freedom of judiciary etc.
•
Development of Constitutional Organisations: According to this Constitution, some
government institutions were developed like Supreme court, Public service commission and
Auditor General. Other than this, national counsil for society, Islamic research and education
foundation and international counsil were designed.
•
Provincial government system: Provincial government system was comprehended as, the
authority holder would be the governor of the province who would select the provincial
assembly and would be the ultimate power in the province. every province would be a
separate entity with separate assembly. the membership of assembly would rely on the
population of the province.

Written, Lengthy and Detailed Constitution

Our Constitution is written, lengthy and detailed. Written
constitution is that which is based on written laws duly passed by a
representative body elected for this very purpose. In other words, a
written constitution is an enacted constitution. An unwritten
constitution, on the other hand, is an evolved constitution. It is
primarily based on unwritten conventions, traditions and practices.
The Constitution of the U.S.A. is another example of a written
constitution and that of England of an unwritten one. The
Constitution of India is an elaborate document and is the most
voluminous Constitution in the world. Our Constitution originally
consisted of 395 Articles and eight Schedules. During the last forty-
three years of its operation, seventy-six Amendments have been
made to the Constitution. Two new Schedules have also been added,
resulting in a further increase in its size and volume. An important
reason for the extraordinary volume of the Constitution is that it
contains detailed provisions regarding numerous aspects of
governance. This was done to minimize confusion and ambiguity in
the interpretation of the Constitution, another reason for its unusual lengthy is the incorporation of the
good points of various constitutions of the world. The vastness of our country and its peculiar problems
has also added to the bulk of the Constitution. Thus, for example, the Indian Constitution envisages laws
for the governance of the States too. Detailed provisions regarding the working of the Union Government
and the State Governments have been given with a view to avoiding any constitutional problem which the
newly-born Democratic Republic might experience in the working of the Constitution.
Partly Rigid and Partly Flexible Constitution
A flexible constitution is that which can be amended like an ordinary law of the country, i.e. by a simple
majority of Parliament. On the other hand, a rigid constitution is the one which prescribes a difficult
procedure for its own amendment. The Constitution of the U.S.A. is the best example of rigid constitution
because it can be amended only if a proposal for constitutional amendment is passed by a two-third
majority in each House of the Congress (the US Parliament) and ratified by at least three-fourths of the
federating states. The Constitution of Great Britain, on the other hand, is highly flexible. This is so
because it can be amended by a simple majority of its Parliament, much like the ordinary laws of the
country. The Indian Constitution is neither very flexible nor very rigid. Some provisions of the
Constitution can be amended by a simple majority of Parliament, like ordinary laws of the land while most
of the provisions can only be amended by a two-thirds majority of Parliament For very important
provisions of the Constitution, such as the manner of election of the President and the extent of the
legislative powers of the Union and the States, an amendment passed by a two-thirds majority of
Parliament should also be ratified by at least one-half of the State legislatures. The Indian Constitution
thus combines the flexibility of the British Constitution and the rigidity of the American Constitution.
Jawaharlal Nehru, while justifying this nature of the Constitution, said,
"0ur Constitution is to be as solid and permanent as we can make it, yet there is no permanence in a
constitution. There should be a certain amount of flexibility. If you make anything rigid and permanent,
you stop the nation’s growth, the growth of a living vital organic people."

Partly Federal and Partly Unitary

Our Constitution declares India a Union of States (federation). It prescribes dual set of governments-the
Union Government and the State Governments. The subjects of administration have also been classified
into three lists-the Union List, the State List and the Concurrent List. Whereas subjects of national
importance like currency, defense, railways, post and telegraph, foreign affairs, citizenship, survey and
census have been assigned to the Union Government and placed under the Union List, subjects of local
importance like agriculture, law and order, health and entertainment have been assigned to the States and
form a part of the State List. Both the Union Government and the State Governments operate within the
spheres of their authority. The Union Parliament and the State Legislatures enjoy co-equal powers to
make laws in regard to the Concurrent subjects. These subjects are of common importance such as
marriage and divorce, adoption, succession, transfer of property, preventive detention, education, civil
and criminal law, etc. However, if there is a conflict between a Union law and a law passed by one or many
State Legislatures, the law made by the Union Parliament would prevail over the State law. The Indian
Constitution possesses other features of a federation too, for example, supremacy of the constitution. This
means that the Union and the State Governments both operate within the limits set by the Constitution.
Both the governments derive authority from the Constitution itself. Similarly, in all federal countries, the
authority of the Court is a well established fact. This means that in case of a dispute between the Union
Government and State Governments or between two or more State Governments, the verdict of the Court
will be final. Not only this, the Supreme Court is given the responsibility of interpreting the Constitution
in case of dispute or confusion. The Supreme Court of India is the guardian of the Constitution and fulfils
its role as a Federal Court too. The Indian Constitution, though federal in form, has a strong unitary bias.
The Central Government possesses extensive powers compared to the State Governments. The exercise of
these powers by the Centre gives the Constitution the strength of a unitary government. Let us look at
those provisions of the Indian Constitution that make it partly unitary. The Union Government can
supersede the authority of the States both in the normal and abnormal times. The President of India can
declare three different types of emergency. During the operation of an emergency, the powers of the State
Governments are greatly curtailed and the Union Government becomes all in all. Even in normal times,
the Union Parliament can legislate upon a subject given in the State List, if the Rajya Sabha passes a
resolution by a two-thirds vote that such legislation is necessary in the national interest. Moreover, the
Indian Constitution, unlike the US Constitution, does not provide for double citizenship, division of public
services or of the judiciary. Similarly, the States in India do not enjoy the right to secede from the Union
nor do they enjoy equality of representation in the Council of States (Rajya Sabha). Another unitary
feature of our Constitution is that it gives Union Parliament the power to alter the boundaries of the
existing States or to carve out new States out of the existing ones. It is on account of these features that the
Indian Constitution is said to be federal in form but unitary in spirit.
Parliamentary System
The Constitution of India adopts Parliamentary system of government at the Centre and in the States. In
such a system of government, the executive power is wielded by the Council of Ministers which is
collectively responsible to the legislature. The Ministers continue in office so long as they enjoy the
confidence of a maj
ority of Members in the legislature. The moment they lose this confidence, a vote of no-confidence is
passed against them and they have to resign forthwith. The responsibility of the executive to the
legislature is also ensured by the right of the Members of the legislature to put questions to the Ministers.
The Members may table adjournment motions and call attention motions against the policies pursued by
the Government. The Ministers are duty-bound to answer all such questions and satisfy the Members of
the legislature.
Fundamental Rights
Certain rights are considered basic or fundamental as they provide suitable conditions for the material
and moral uplift of the people. The Indian Constitution guarantees a number of such rights to the citizens
of India. TheFundamental Rights of India conferred by the Constitution are:
The Right to Equality;
The Right to Freedom;
The Right against Exploitation;
The Right to Freedom of Religion;
Cultural and Educational Rights; and
The Right to Constitutional Remedies.
The Right to Property was deleted from the list of Fundamental Rights by the Forty-fourth Constitution
Amendment Act, 1978. The fundamental rights as envisaged in the Constitution of India are justiciable.
Directive Principles of State Policy
The Directive Principles of State Policy constitute another distinctive feature of our Constitution, These
Principles embody certain ideals and objectives which should be kept in mind by the Union and State
Governments while making laws and implementing policies. The implementation of these directives was
not made compulsory due to the paucity of resources. The framers of the Constitution expected that as
and when the future Governments would mobilise resources, they would do their best to implement these
directives. Equitable distribution of wealth, employment for all, protection of health, compulsory
education for children up to the age of fourteen and the establishment of village panchayats are some such
principles. The Directive Principles of State Policy are non-justifiable. No legal remedy can be sought in a
court of law ft the Government fails to follow or implement any of these principles. In other words, the
Directive Principles are non-justifiable rights of the citizen. However, these principles are considered
important in the governance of the country. It becomes a moral duty of every government to follow them
and realise the purpose behind them. Several amendments to the Constitution, together with some
judgments of the Supreme Court have paved the way for the implementation of the Directive Principles.
Independence of the Judiciary
Our Constitution has taken special care to establish an independent and impartial judiciary. The judges of
the Supreme Court and the State High Courts have been provided security of service. Once appointed,
their salaries and allowances cannot be altered to their disadvantage by the Government during the course
of their tenure. Nor can they be dismissed before the age of their retirement except in case of proven
misconduct supported by a resolution of Parliament passed by a two-thirds majority. Security of service of
judges is in keeping with the dignity and prestige of the highest judicial organs of the country. This
provision has been made in the Constitution to keep the judges independent and immune from the
control and influence of the Executive. The judges can exercise their discretion in the dispensation of
justice even if their decisions go against the Government. The Supreme Court and the State High Courts
are also the guardians of the rights and liberties of the citizens and protect them against arbitrary action
on the part of all government agencies.
Official Language
In a country like India, with diverse cultural traditions and languages, it is essential to declare one
language as the national language, symbolic of the unity of the different regions of the country. The
Constitution declares Hindi in Devanagari script as the official language of the country. Besides, each
State is authorised to adopt a regional language for all or some of its official purposes. English has also
been allowed to be used along with other languages for official purposes.
Adult Franchise and Joint Electorates
The Constitution provides for Universal Adult Franchise. The citizens of India who are 18 years of age and
above have been granted the right to vote irrespective of any qualification pertaining to education,
possession of property or payment of income tax. The adoption of Universal Adult Franchise was indeed a
very daring step taken by the Constituent Assembly in view of the fact that large sections of our people are
illiterate. The manner and the orderliness, with which Indian masses have exercised their right to vote
during ten general elections and many State Legislative Assembly elections, speak eloquently of the
political maturity of our people. The Constitution has replaced the system of communal representation
(introduced by the British in 1909) by that of joint electorates. The country is divided into territorial
constituencies. From each constituency, members of different communities jointly elect a common
candidate. The system of joint electorates promotes communal harmony and goodwill and discourages
communal politics. To bring the Scheduled Castes and Tribes at par with the other communities of the
country, some seats have been reserved for them in the Union Parliament, State Legislatures and local
bodies. There are reserved parliamentary and assembly constituencies from where only the members of
the Scheduled Castes or Tribes can contest elections.
Establishment of a Welfare State
The Preamble to the Constitution, as modified by the Forty-second Amendment Act, 1976 and the
Directive Principles of State Policy aim at the establishment of a Welfare State in India. Keeping in view
the inherent spirit of the Constitution, the successive governments at the Centre have been pursuing a
policy of democratic socialism. Nationalization of banks and general insurance, fixation of ceiling on
urban and rural lands and abolition of privy purses of the rulers of the erstwhile native States,
implementation of various poverty alleviation programs are some of the measures which have been taken
to remove gross inequalities of wealth and to usher in an era of social and economic equality.
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CONTENTS
Sections Particulars
Preamble
PART I RELEVANCY OF FACTS

CHAPTER I Preliminary
1 Short title, extent and commencement
2 [Repealed]
3 Interpretation clause
4 Interpretation clause (contd.)

CHAPTER II Of the relevancy of facts

5 Evidence may be given of facts in issue and relevant facts
6 Relevancy of facts forming part of same transaction
7 Facts which are the occasion, cause or effect of facts in issue
8 Motive, preparation and previous or subsequent conduct
9 Facts necessary to explain or introduce relevant facts
10 Things said or done by conspirator in reference to common design
11 When facts not otherwise relevant become relevant
12 In suits for damages facts tending to enable Court to determine amount are relevant
13 Facts relevant when right or custom is in question
14 Facts showing existence of state of mind, or of body or bodily feeling
15 Facts bearing on question whether act was accidental or international
16 Existence of course of business when relevant
Admissions

17 Admission defined
Admission by party to proceeding or his agent by suit or in representative character by party interested
18
from whom interest derived
19 Admission by persons whose position must be proved as against party to suit
20 Admissions by person expressly referred to by party to suit
21 Proof of admissions against persons making them and by or on their behalf
22 When oral admissions as to contents of documents are relevant
23 Admissions in civil cases, when relevant
24 Confession caused by inducement, threat or promise when irrelevant in criminal proceeding
25 Confession to police officer not to be proved
26 Confession by accused while in custody of police not to be proved against him
27 How much of information received from accused may be proved
28 Confession made after removal of impression caused by inducement, threat or promise relevant
29 Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.
30 Consideration of proved confession affecting person making it and others jointly under trail for same of
31 Admissions not conclusive proof, but may be stopped
Statements by persons who cannot be called as witnesses
32 Cases in which statement of relevant fact by person who is dead or cannot be found, etc. is relevant
33 Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated

Statements made under special circumstances

34 Entries in books of account when relevant

35 Relevancy of entry in public record, made in performance of duty
36 Relevancy of statements in maps, charts and plans
37 Relevancy of statement as to fact of public nature, contained in certain Acts or notifications
38 Relevancy of statements as to any law contained in law books
39 What evidence to be given when statement forms part of a conversation, document, book, or series of
Judgments of courts of justice, when relevant
40 Previous judgments relevant to bar a second suit or trail
41 Relevancy of certain judgments in probate, etc. jurisdiction
42 Relevancy and effect of judgments, orders or decrees, other than those mentioned in Section 41
43 Judgments, etc. other than those mentioned in Sections 40 to 42, when relevant
44 Fraud or collusion in obtaining judgment, or incompetence of Court, may be proved
Opinion of third persons, when relevant
45 Opinions of experts
46 Facts bearing upon opinions of experts
47 Opinion as to handwriting, when relevant
48 Opinion as to existence of right or custom, when relevant
49 Opinion as to usage's, tenets, etc., when relevant
50 Opinion on relationship, when relevant
51 Grounds of opinion, when relevant
Character when relevant
 52 In civil cases, character to prove conduct imputed irrelevant
53 In criminal cases, previous good character relevant
54 Previous bad character not relevant, except in reply
55 Character as affecting damages

PART II ON PROOF

CHAPTER III Facts which need not be proved

56 Facts judicially noticeable need not be proved
57 Facts of which Court must take judicial notice
58 Facts admitted need not be proved

CHAPTER IV Of oral evidence

59 Proof of facts by oral evidence
60 Oral evidence must be direct

CHAPTER V Of documentary evidence

61 Proof of contents of documents
62 Primary evidence
63 Secondary evidence
64 Proof of documents by primary evidence
65 Cases in which secondary evidence relating to documents may be given
66 Rules as to notice to produce
67 Proof of signature and handwriting of person alleged to have signed or written document produced
68 Proof of execution of document required by law to be attested
69 Proof where not attesting witness found
70 Admission of execution by party to attested document
71 Proof when attesting witness denies the execution
72 Proof of document not required by law to be attested
73 Comparison of signature, writing or seal with others admitted or proved
Public Documents
74 Public documents
75 Private documents
76 Certified copies of public documents
77 Proof of documents by production of certified copies
78 Proof of other official documents
79 Presumption as to genuineness of certified copies
80 Presumption as to documents produced as record of evidence
 81 Presumption as to Gazetteers newspapers, private Act of Parliament and other documents
82 Presumption as to document admissible in England without proof of seal or signature
83 Presumption as to maps or plans made by authority of Government
84 Presumption as to collections of laws and reports of decisions
85 Presumption as to powers of attorney
86 Presumption as to certified copies of foreign judicial records
87 Presumption as to books, maps and charts
88 Presumption as to telegraphic messages
89 Presumption as to due execution, etc., of document not produced
90 Presumption as to documents thirty years old
90A Presumption Document custody in court

CHAPTER VI Of the exclusion of oral by documentary evidence

91 Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
92 Exclusion of evidence of oral agreement
93 Exclusion of evidence to explain or amend ambiguous document
94 Execution of evidence against application document to existing facts
95 Evidence as to document unmeaning in reference to existing facts
96 Evidence as to application of language which can apply to one only of several persons
97 Evidence as to application language to one of two set of facts, to neither of which the whole correctly a
98 Evidence as to meaning of illegible characters, etc.
99 Who may give evidence of agreement varying terms of document
100 Saving of provisions of Indian Succession Act relating to wills

PART III PRODUCTION AND EFFECT OF EVIDENCE

CHAPTER VII Of the burden of proof

101 Burden of proof
102 On whom burden of proof lies
103 Burden of proof as to particular fact
104 Burden of proving fact to be proved to make evidence admissible
105 Burden of proving that case of accused comes within exceptions
106 Burden of proving fact especially within knowledge
107 Burden of proving death of person know to have been alive within thirty years
108 Burden of proving that person is alive who has not been heard of for seven years
109 Burden of proof as to relationship in the cases of partners, landlords and tenant, principal and agent
110 Burden of proof as to ownership
111 Proof of good faith in transaction where one party
 111A Presumption as to certain offences
112 Birth during marriage, conclusive proof of legitimacy
113 Proof of cession of territory
113A Presumption as to abutment of suicide by a married women
113B Presumption as to dowry death
114 Court may presume existence of certain facts
114A Presumption as to absence of consent in certain prosecutions for rape

CHAPTER VIII Estoppel

115 Estoppel
116 Estoppel of tenant and of licensee of person in communications
117 Estoppel of acceptor of bill of exchange, bailee or licensee

CHAPTER IX Of witnesses
118 Who may testify
119 Dumb witness
120 Parties to civil suit and their wives or husband-Husband or wife of person under criminal trial
121 Judges and Magistrates
122 Communications during marriage
123 Evidence as to affairs of State
124 Official communications
125 Information as to commission of offences
126 Professional communications
127 Section 126 to apply to interpreters, etc.
128 Privilege not waived by volunteering evidence
129 Confidential communications with legal advisers
130 Production of title-deeds of witness not party
131 Production of documents which another person, having possession, could refuse to produce
132 Witness not excused from answering on ground that answer will criminate
133 Accomplice
134 Number of witnesses

CHAPTER X Of the examination of witnesses

135 Order of production and examination of witnesses
136 Judge to decide as to admissibility of evidence
137 Examination-in-chief
138 Order of examinations
139 Cross-examination of person called to produce a document
 140 Witnesses to character
141 Leading questions
142 When they may not be asked
143 When they may be asked
144 Evidence as to matters in writing
145 Cross-examination as to previous statements in writing
146 Questions lawful in cross-examination
147 When witness to be compelled to answer
148 Court to decide when question shall be asked and when witness compelled to answer
149 Question not to be asked without reasonable grounds
150 Procedure of Court in case of question being asked without reasonable grounds
151 Indecent and scandalous questions
152 Questions intended to insult or annoy
153 Exclusion of evidence to contradict answer to questions testing veracity
154 Question by party to his own witness
155 Impeaching credit of witness
156 Questions tending to corroborate evidence of relevant fact, admissible
157 Former statements of witness may be proved to corroborate later testimony as to same fact
158 What matters may be proved in connection with proved statement relevant under section 32 or 33
159 Refreshing memory -When witness may use copy of document to refresh memory
160 Testimony to facts stated in document mentioned in Section 159
161 Right of adverse party as to writing used to refresh memory
162 Production of documents -Translation of documents
163 Giving, as evidence of document called for and produced on notice
164 Using, as evidence, of document, production of which was refused on notice
165 Judge's power to put questions or order production
166 Power of jury or assessors to put questions

CHAPTER XI Of improper admission and rejection of evidence

167 No new trail for improper admission or rejection of evidence

The Schedule. [Repealed].

http://www.garygerson.com/CM/Custom/Criminal-Procedures.asp

criminal Procedure
CRIMINAL JUSTICE FLOW CHART

1. Arrest Made (accused brought to county jail)

 o Probable cause of involvement in commission of crime

o Criminal Complaint Filed

o Arrest warrant issued

o Summons issued in certain cases

2. Preliminary Arraignment (takes place before District Justice or Magistrate)

o Within 72 hours of arrest

o Accused receives written charges

o Bond is set

o Preliminary Hearing is scheduled

3. Preliminary Hearing(within 3-10 days of arrest; may be postponed)

o Not a guilt or innocence proceeding

o To determine whether there is sufficient evidence to hold the case for trial

before a judge or jury in the Court of Common Pleas

o May result in reduction of charges, dismissal of case, or assessment of fines

o A motion for bond reduction may be made at this proceeding

o Accused is presumed innocent and usually does not testify

4. Formal Arraignment (A "calendar control" or "paper" date)

o Accused receives final charges in writing

o Accused enters plea of guilty or not-guilty

o Accused requests jury or non-jury trial

o Defense Counsel must enter "Appearance" as Counsel of Record

o Case is assigned to a judge

o Establishes time periods for filing of Discovery, Bill of Particulars, and Pre-

Trial Motions

o Pre-Trial Conference is scheduled

5. Pre-Trial Conference (A "calendar control" or "paper" date)

 o Informs judge of how case will proceed (jury trial, non-jury trial, pre-trial

motions, plea)

o Trial or plea date is scheduled

6. Trial (Jury or Non-Jury)

o If incarcerated, accused must be brought to trial within 180 days of filing of

Criminal Complaint unless there is excludable time charged to accused

o If on bond, accused must be brought to trial within 365 days of filing of

Criminal Complaint unless there is excludable time charged to accused

o Accused may present a defense to charges in a suppression hearing, jury or

non-jury trial.

o If acquitted on all charges the case concludes

o If accused is convicted of all or any charge by entry or plea or guilty verdict by judge or

jury the case proceeds to sentencing stage

7. Sentencing
o Upon conviction, and depending upon the severity of the crime(s), the case may proceed

immediately to sentencing or a Pre-Sentence Investigation is ordered to assist the judge in

imposing sentence.
o Depending upon the crime(s) involved, sentencing may involve total confinement in a state

or county facility, alternative housing, home detention, probation, payment of fines and

restitution.
o Post-Sentence Motions must be filed (if at all) in writing and within 10 days

o An appeal may be filed (if at all) in writing within 30 days of the denial of Post-Sentence

Motions or, if no Post-Sentence Motions are filed, within 30 days of sentencing.