All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

Practice Mode:
39.

Which of the following statements about the code of criminal procedure, 1973 is least accurate?

A: Since it is a central legislation, only the parliament can amend it and not state legislatures.
B: It provides the rules and procedure for investigation into offense.
C: It provides the rules and procedure for trial of offences.
D: It provides the procedural law to implement the substantive criminal law.
E: It balances the rights of the accused and the need for society to protect itself from crime.

The answer is: A

<< Previous Question
Next Question >>

Explanation

The least accurate statement about the code of criminal procedure, 1973 is A: Since it is a central legislation, only the parliament can amend it and not state legislatures.

This is because, according to Article 246 of the Constitution of India, the parliament and the state legislatures have concurrent powers to make laws on matters enumerated in List III of the Seventh Schedule. The code of criminal procedure, 1973 falls under Entry 2 of List III, which relates to criminal procedure, including all matters included in the code of criminal procedure at the commencement of this Constitution. Therefore, both the parliament and the state legislatures can amend the code of criminal procedure, 1973, subject to the provisions of Article 254, which states that in case of any inconsistency between a central law and a state law on a concurrent subject, the central law shall prevail.

The other statements are accurate about the code of criminal procedure, 1973. They are:

  • It provides the rules and procedure for investigation into offences. The code of criminal procedure, 1973 lays down the powers and duties of the police and other authorities in relation to the investigation of crimes, such as filing FIRs, conducting searches and seizures, recording confessions and statements, etc.
  • It provides the rules and procedure for trial of offences. The code of criminal procedure, 1973 also prescribes the jurisdiction and powers of various criminal courts, such as sessions courts, magistrates courts, etc., and the mode and manner of conducting trials for different types of offences, such as warrant cases, summons cases, summary trials, etc.
  • It provides the procedural law to implement the substantive criminal law. The code of criminal procedure, 1973 is the main legislation that regulates the administration of substantive criminal law in India. Substantive criminal law defines the offences and punishments under various laws, such as the Indian Penal Code, 1860, whereas procedural law provides the mechanism for enforcing them.
  • It balances the rights of the accused and the need for society to protect itself from crime. The code of criminal procedure, 1973 aims to strike a balance between ensuring a fair trial for the accused and maintaining public order and security. It safeguards the rights of the accused by providing various provisions such as presumption of innocence, right to bail, right to legal aid, right to speedy trial, etc., while also empowering the state to take preventive and punitive measures against crime.