HomeUncategorizedComparison Between New & Old Criminal Procedural Law Comparison Between New & Old Criminal Procedural Law August 19, 2023 Sl. No. Old/Existing Provision New Provision under 2023 Law. 1) Sessions TrialChapter XVIII Section 225-237 of the CrPC. Sessions TrialChapter-XX Section 248-260 of the SAMHITA. 2) Trial to be opened by the PP. (S. 225) Trial to be opened by the PP. (S. 248) 3) The PP shall open his case after committment u/s 209 by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused. S. 226 of the CrPC The PP shall open his case after committment u/s 232 of the Samhita by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused. (S. 249 of the Samhita) 4) The judge, after going through the record and hearing the accused on discharge, in appropriate cases discharge the accused. S. 227 of the CrPC The accused can prefer a petition of discharge within 60 days from the date of committal of the case. [So now a time limit of 60 days has been introduced] (S. 250 of the Samhita) 5) Based on the material, available on record, the court can either: (i) transfer the case to the court of CJM, or JM I Class, or (ii) Frame charge. S. 228 of the CrPC Based on the material, available on record, the court can either: (i) transfer the case to the court of CJM, or JM I Class, or (ii) Frame charge either, in the physical or the virtual presence of the accused. (S. 251 of the Samhita) 6) If the accused pleads guilty, the Judge shall record the plea and may, in his discretion, convict him. S. 229 of the CrPC If the accused pleads guilty, the Judge shall record the plea and may, in his discretion, convict him. (S. 252 of the Samhita) 7) If not pleaded guilty then the court will fix a date for recording evidence etc. S. 230 of the CrPC If not pleaded guilty then the court will fix date for recording evidence etc. (S. 253 of the Samhita) 8) Provision relating to recording of Evidence of a witness. S. 231 of the CrPC Evidence of a witness, both, official and nonofficial, under this subsection may also be recorded by audiovideo electronic means. (S. 254 of the Samhita) 9) If after recording evidence, no case is made out then the accused will be acquitted. S. 232 of the CrPC If after recording evidence, no case is made out then the accused will be acquitted. (S. 255 of the Samhita) 10) Recording defence evidence. S. 233 Defence Evidence to be recorded. S. 256 11) Argument to be heard of both the sides. S. 234 of the CrPC Argument to be heard of both the sides. (S. 257 of the Samhita) 12) After hearing the parties, the court will deliver Judgment. S. 235 of the CrPC (In the old provision there was no time limit set under the code.) Judgment to be delivered within a period of 30 days from the date of completion of arguments, which may for specific reasons extend to a period of sixty days. So, a time limit has been fixed for pronouncing judgment after hearing the parties. (S. 258 of the Samhita) 13) Where a previous conviction is charged and the accused denies that he has been previously convicted, the Judge may, take evidence in respect of the alleged previous conviction, and shall record a finding thereon: S. 236 of the CrPC Where a previous conviction is charged and the accused denies that he has been previously convicted, the Judge may, take evidence in respect of the alleged previous conviction, and shall record a finding thereon: (S. 259 of the Samhita) 14) Provision for compensation and punishment for the complainant in cases of unreasonable accusation. S. 237 of the CrPC Provision for compensation and punishment for the complainant in cases of unreasonable accusation. (S. 260 of the Samhita)
