CrPC Section 5
Section 5 of the Criminal Procedure Code (CrPC), 1973 – Saving
Text of the Section:
“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.”
Detailed Explanation:
1. Introduction:
Section 5 of the CrPC acts as a saving clause that preserves the operation of special or local laws and the special powers, jurisdictions, or procedures provided under such laws. This means that the general provisions of the CrPC do not override any special law unless expressly stated.
2. Purpose:
The purpose of this section is to ensure that if any law (other than the CrPC) contains provisions for a specific class of offences, procedures, courts, or authorities, those provisions shall remain unaffected by the general rules in CrPC — unless the CrPC specifically says otherwise.
3. Key Terms Explained:
Special Law: A law applicable to a particular subject or class of cases. Example: NDPS Act, POCSO Act, etc.
Local Law: A law applicable to a particular geographical area.
Specific Provision to the Contrary: If CrPC clearly mentions that it will override any special law, then the CrPC will prevail.
4. Examples:
The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act): This is a special law, and the procedure mentioned in this Act will override CrPC procedures in case of conflict.
The Protection of Children from Sexual Offences Act (POCSO): This Act has its own procedures and courts. CrPC applies only where POCSO is silent.
5. Judicial Interpretation:
Courts have consistently held that Section 5 ensures that special or local laws remain functional and effective. CrPC is a general law, and it should not override the intent or procedure established under a special or local law unless it is clearly mentioned.
Important Case Law:
State of Punjab v. Gurmit Singh (1996): The Supreme Court emphasized the importance of special procedures under POCSO over general CrPC provisions.
MCD v. Girdharilal Sapru (1981): It was held that municipal laws, being special laws, will not be overridden by CrPC provisions unless explicitly stated.
Conclusion:
Section 5 of CrPC is a protective clause that maintains the supremacy and applicability of special or local laws in India. It promotes harmony between CrPC and other laws by stating that the procedures or powers given under special laws will prevail unless the CrPC explicitly overrides them.
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