CrPC Section 15
Section 15 of the Criminal Procedure Code (CrPC), 1973 – Power of Court to Make Rules
Text of the Section:
“The High Court of every State shall have power to make rules consistent with this Code to regulate—
(a) the practice and procedure of the Court in the exercise of its jurisdiction; and
(b) the conditions subject to which persons may be entitled to practise before the Court.”
Detailed Explanation:
1. Introduction:
Section 15 of the CrPC empowers the High Courts of every state in India to frame rules regarding their own practice and procedure. These rules must be consistent with the provisions of the CrPC but allow flexibility to adapt the procedural aspects of criminal trials and appeals according to local needs and judicial requirements.
2. Purpose:
The section’s purpose is to enable the High Courts to regulate:
How their criminal jurisdiction is exercised;
The conduct and conditions for lawyers practicing before them.
This allows the High Courts to ensure efficient administration of criminal justice and maintain the standards of legal practice within their jurisdiction.
3. Key Features:
Rule-Making Authority: High Courts are given legislative-like powers to make procedural rules.
Consistency with CrPC: Any rule made must be consistent with the broader framework of the CrPC. Rules cannot contradict the Code.
Two Main Areas Regulated:
Practice and Procedure: Rules about how cases are to be heard and managed, timelines, filings, evidence submission, etc.
Conditions for Practicing Lawyers: Criteria such as registration, conduct, fees, and discipline of advocates who appear before the High Court in criminal matters.
4. Importance of Section 15:
Local Adaptation: Different states might have different needs, case loads, and challenges. This section gives flexibility to tailor procedural rules accordingly.
Judicial Efficiency: By regulating practice and procedure, courts can streamline criminal cases and avoid unnecessary delays.
Legal Profession Standards: Ensures lawyers practicing in criminal matters meet certain standards, contributing to the quality and integrity of legal representation.
5. Practical Impact:
Many High Courts have framed Criminal Rules of Practice and Procedure under this section.
These rules govern everything from the filing of appeals, conducting trials, adjournment policies, courtroom decorum, and admission of advocates.
The High Courts can also prescribe conditions under which advocates can argue cases in their criminal courts.
6. Relation with Other Provisions:
This rule-making power is subject to the overall framework and provisions of the CrPC.
It complements other procedural provisions in the Code by providing detailed operational rules.
7. Judicial Perspective:
Courts have acknowledged that procedural rules made under Section 15 are vital for orderly judicial process and are binding on all parties appearing before the High Court. However, these rules must never contradict the substantive rights or the provisions laid down by the CrPC.
Conclusion:
Section 15 of the CrPC empowers the High Courts to regulate their own practice and procedure in criminal matters through rules consistent with the Code. This provision enhances judicial efficiency, maintains standards for legal practitioners, and allows adaptation to local conditions, thus supporting effective administration of criminal justice at the High Court level.
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