Pros And Cons Of The Criminal Procedure System

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BAIL BY POLICE The criminal procedure systems of the world use three main methods of regulating events before trial. At one extreme, the pre-trial stage is left entirely in the hands of the police, as in our system. At the other extreme, as in the French, Belgian and German systems, the pre-trial stage is subject to the control and guidance of a magistrate. A third solution is that adopted in Scotland, where a public prosecutor has charge of the police investigation and of the actual prosecution, the judicial officer merely rubber-stamping the decision to send the accused for trial . The principal problems arising in that part of the criminal process which governs events before trial relate to the nature of police powers and procedure in the investigation of offences. The Code of Criminal Procedure 1973 confers wide powers upon our police of making arrests. In addition to the power of arrest, the code bestows upon the police powers parallel to the magistrate to release and arrest person on bail. I. When Police may arrest without warrant U/s 41 Cr.PC. a) Legislative changes.—Sub-sec. (1) corresponds to S. 54 and sub-sec. (2) corresponds to 5,55 of old Cr.P.C. In sub-section (I), Clause (i), the words “whether written or oral” are new and did not appear in the old Cr.P.C. There was a sharp controversy’ as to whether the requisition included an oral requisition. To remove the doubt the aforesaid words have been inserted. b) Scope and application.—This section

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