The Code of Criminal Procedure CrPC

Constitional Dimension:- CrPC is For the purpose of collecting evidences, the initiation of
proceedings against the accused. The trail (example) the production and the proving and
disproving of evidence and thereafter the determination of the accused to be guilty or not
guilty and all incidental proceedings. It is the cardinal principle of jurisprudence that the
accused shall be presumed innocent until his guilty is proved beyond doubts. Several
constitutional safeguards have been provided to the accused in the process of criminal
procedure. These safeguard basically originate from Article 21 lead along with Article 20 and
22 as well as Article 148/9 of the constitution. Article 21 provides for the FIR life and personal
liberty whereas Article 14 provides a safeguard against unequal treatment and discrimination
and any kind of arbitrary action against the individual. Similarly Article 19 provides for freedom
of speech and expression which includes the freedom to defend oneself in a criminal
proceeding.

Principles of nature justice have been read its Omni present in all these constitutional
provisions and example this cannot be any state action against an individual in violation of
such principles and also this cannot be any arbitrary deprivation of right to life and personal
liberty.

The basic structure doctrine as laid down in Keshwanand Bharti Case emphasized upon the
importance of and inalienability (cannot seprate)of these principles . Non arbitrariness and
unreasonableness in treatment by the state was emphasized on the basic of Article 14 in Ajay
Hasia v/s Khalid Mujib. (1981 sc)

Similarly in 1978 in Maneka Gandhi v/s Union of India. It was held that any procedure for the
purpose of depriving the right to life and personal liberty. Under Article 21 has to be a fair just
non-arbitrary and reasonable procedure. Thus even an accused in a criminal proceeding has a
right to fair treatment and a reasonable opportunity to be hear. The present Crpc was created
in 1973 in light of the keshwanand bharti judgement and subsequently amended to uncoprate
the procedural fairness in 1978 after the Maneka Gandhi judgment and thereafter the major
amendments have been in the year 2005,2006 and 2009. All for the purpose of expanding and
incorporating the constitution safeguard.

Inherent powers: - Section 482 CrPC doesn’t confer Indian Panel Code upon the HC. Rather
the language of Section 482 is such as merely acknowledge the existence of such Indian panel
code in the H.C section 482 broadly is in the spirit of a saving clause example the H.C already
has a pre-existing Indian panel code to the CrPC which has created the various provisions
regarding criminal procedure declares that just because those provisions have been created
the Hc,s IP are not lost. Even though the CrPC is intended to be exhausted .itbis realized that
this may be circumstantial requirements wherein specific oder for the HC may be requested .
The dynamic nature of the procedural law, the dynamic nature of requirements of complete
justice in a particular case and also the requirement of preventing any misuse of process under
per se require that there shall be special powers with the courts to pass necessary oders for
such purpose section 482 saves such power of the HC.