We have immense pleasure to present A Manual on Criminal Procedure before the legal fraternity, teachers, Judges, Advocates, aspirants of competitive examinations and law students. During our interaction with young advocates, aspirants of competitive examinations and law students, it was felt that there seems to be a crying need for a book on the Code of Criminal Procedure that could fulfil their requirement in a simple manner. Keeping in view this aspect we have prepared this Manual in very simple language which is the first of its own kind. The authors of the Manual intend to fulfil the need of the knowledge of Criminal Procedure in a graded manner and at the same time packaging it in a capsule form for all the stakeholders.
Criminal law, in its wider sense, consists of both the `substantive criminal law’ and `procedural criminal law’. The substantive criminal law defines offences and prescribes punishment for the same whereas the procedural criminal law facilitates to administer the substantive law and to protect the society against the criminals and law breakers. The procedural criminal law has been designed to look after the process of administration and enforcement of substantive criminal law. In the absence of procedural law, the substantive criminal law would be of not much important because without the enforcement mechanism, the threat of punishment held out to the law breakers by the substantive criminal law would remain a mere formality and empty practice. Empty threats do not prevent crime and without deterrent effect, the law of crimes would be of hardly any meaning or justification.
The purpose of the Criminal Procedure Code and the Penal Code, 1860 is to effectively execute administration of the criminal justice system and protect society from perpetrators of crime. It has a twin purpose; firstly to adequately punish the offender in accordance with law and secondly, to ensure prevention of crime. The Criminal Procedure is a complimentary to the substantive criminal law and failure of the procedure in criminal laws would seriously affect the substantive criminal law.
We may humbly say that we have taken care to make the subject simple, interesting and useful. We have gone through various reports of Law Commission of India, Committees on Criminal Justice System, Celebrated works on Criminal Procedure for preparing this book. We have tried our best to make the book unique among the books on Criminal Procedure available in India.
We owe a deep debt of gratitude to Hon’ble Dr. Justice D.K. Arora, Judge, Allahabad High Court, Lucknow Bench, Lucknow, for his inspiring encouragement in this venture. We were also benefitted from the discussions with him on several topics of the Criminal Procedure Code. He provided his valuable time for going through the book and blessed us with candid opinion and enlightening suggestions which have been included in the book. At this moment, we would like to mention that the discussions with him on several topics; especially Inherent Power of the High Court, Appeals, Revisions, Bail, Supervisory Jurisdiction of the High Court over the Subordinate Courts, Examination of witnesses, Registration of FIR, Quashing of FIR and Charge sheets, Trial etc., have broadened the vision of the authors remarkably.
We hope and believe that this work will be appreciated by the legal fraternity, teachers, Judges, Advocates, aspirants of competitive examinations and law students. Readers will find substantial knowledge in this book. We will be very happy to receive suggestions and constructive criticism from the reader to improve the book in the subsequent editions.