Saving under the Code of Criminal Procedure, 1973

Contents

Saving : Section 5 of the Code of Criminal Procedure, 1973 which provided that, the provisions of any special Act would apply in addition to the provisions of the Code of Criminal Procedure, 1973 if such Special Act declared it to be so. It says that the Code is not applicable where any special form of procedure is prescribed by any special or local law which reads as follows:

# 5. Saving.

Nothing contained in this Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.


ANALYSIS

Section 5 provides that in the absence at any specific provision to the contrary nothing in the Criminal Procedure Code shall affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed by any other law for the time being in force.

Ordinarily the Cr.P.C. will not affect any special law, any local law or any special jurisdiction or power, or any special forum of procedure but the code will override the special law where the statute do not specify any particular mode enforcing a new obligation created by it.

In other words, this section provides that nothing in the Code shall affect any special law in the absence of any specific provision to the contrary.

Thus, this provision is an application of the maxim “generalia specialibus non derogant“.

For the complete exclusion of the application of the Code of Criminal Procedure, the law regarding the procedure to be followed in cases falling under the special Act must be found in the enactment itself conferring jurisdiction to try the cases, as contemplated in Section 4(2).

A conjoint reading of Sections 4(2) and 5 of the Code would have the following effect :-

(1) All offences, whether under the Penal Code or under any other law, have to be investigated, inquired into, tried and otherwise dealt with according to the provisions of the Code.

(2) This rule is subject to the qualification that in respect of offences under other laws, that is to say, under laws other than the Indian Penal Code, if there be an enactment regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences, such an enactment will prevail over the Code.

(3) The provisions of a special or local law will prevail over the provisions contained in the Codeof Criminal Procedure unless there is a specific provision to the contrary.

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