The purpose of the Code of Criminal Procedure is to collect evidences, to initiate proceedings, conduct the trial, determine whether a particular wrong has been committed by a particular person or not, thereupon to execute the judgment, apart from other proceedings, like maintenance and penalty proceedings.
The accused while he is not proved to be guilty untill the judgement is passed and the proceeding in the Code of Criminal Procedure may affect the life and liberty of accused as well as it may affect the right of victim, the witnesses and also the society at large. The Cardinal principle of criminal jurisprudence is that a person will be presumed innocent untill his guilt is proved beyond reasonable doubt.
The entire Code of Criminal Procedure has to be read in the light of the constitution and there cannot be any law or the application of law which goes against the essence of the constitution. Article 21 safeguards the right to life and personal liberty of individual be it an accused or victim.
Article 19 protects certain freedoms. Similarly Article 14 protects the right to equality. In fact the entire scheme of constitution of India particularly the fundamental right and the Directive Principles of State Policy is within itself coherently knit.
There cannot be any procedure which is violative of the basic structure of the constitution. In fact in Maneka Gandhi versus Union of India 1978, it was held that any procedure by which a person’s right to life and personal liberty is restricted shall be reasonable, fare and just proceeding.
There cannot be any arbitrary action by the state and it is this right after which the Code of Criminal Procedure was enacted in 1973. After the Keshavanand Bharati decision it was amended in 1978. After the Maneka Gandhi case in order to make it more comprehensive and to bring it in more in line with the requirements of the constitution. Subsequently it has been amended in 2005, 2006, 2009, 2013, 2018 and 2022.
the whole of CrPC has manifestation of natural justice, fair proceeding, fair investigation, fair enquiry, fair trial and also fair execution. For example charges has to be read over to the accused and plea of guilt has to be taken, section 57 section 41A, Section 41B, Section 41D etc.
