Saying of inherent powers of High Court, Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates and Repeal and savings are defined under Section 482, 483 and 484 of CRPC 1973. Provisions under these sections are:
Section 482 of CRPC "Saying of inherent powers of High Court"
Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.
Section 483 of CRPC "Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates"
Every High Court shall so exercise its superintendence over the Courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditious and proper disposal of cases by such Magistrates.
Section 484 of CRPC "Repeal and savings"
(1) The Code
of Criminal Procedure, 1898 (5 of 1898), is hereby repealed.
(2) Notwithstanding such repeal-
(a) if, immediately before the date on which this Code comes
into force, there is any appeal, application trial, inquiry or
investigation pending then, such appeal, application, trial,
inquiry or investigation shall be disposed of, continued, held
or made, the case may be, in accordance with the provisions of
the Code of Criminal Procedure, 1898 (5 of 1898), as in force
immediately before such commencement (hereinafter referred to as
the old Code), as if this Code had not come into force: Provided
that every inquiry under Chapter XVIII of the old Code, which is
pending at the commencement of this Code, shall be dealt with
and disposed of in accordance with the provisions of this Code;
(b) all notifications published, proclamations issued,
powers conferred, forms prescribed, local jurisdictions defined,
sentences passed and order rules and appointments, not being
appointments as Special Magistrates, made under the old Code are
which are in force immediately before the commencement of this
Code, shall be deemed respectively, to have been published,
issued, conferred, prescribed, defined, passed or made under the
corresponding provisions of the Code;
(c) any sanction accorded or consent given under the old
Code in pursuance of which no proceeds was commenced under that
Code, shall be deemed to have been accorded or given under the
corresponding provisions of this Code and proceedings may be
commenced under this Code in pursuance of such sanction of
consent;
(d) the provisions of the old Code shall continue to apply
in relation to every prosecution against a Ruler within the
meaning of Article 363 of the Constitution.
(3) Where the period prescribed for an application or other
proceeding under the Old Code had expired on or before the
commencement of this Code, nothing in this Code shall be
construed as enabling any such application to be made or
proceeding to be commenced under this Code by reason only of the
fact that a longer period therefore is prescribed by this Code
or provisions are made in this Code for the extension of time.
STATE AMENDMENT
Uttar Pradesh :- (1) In sub-section (2), after clause (d),
the following clause shall he inserted.
"(e) the provisions of the United Provinces Borstal Act,
1938 (U.P. Act 7 of (1938), the United Provinces First Offenders
Probation Act 1938 (U.P. Act 6 of 1938) and the Uttar Pradesh
Children Act, 1951, (U.P. Act 1 of 1951) shall continue in force
in the State of Uttar Pradesh until altered or repealed or
amended by the competent Legislature or other competent
authority, and accordingly, the provisions of Section 360 of
this Code shall not apply to that State, and the provisions of
Section 361 shall apply with the substitution of references to
the Central Acts named therein by references to the
corresponding Acts in force in that State." U.P. Act 16 of 1976,
w.e.f. 1-5-1976.
(2) In sub-section (2), clause (a), the following second
proviso shall be inserted:-
"Provided further that the provisions of Section 326 of this
Code as amended by the Code of Criminal Procedure (U.P.
Amendment Act) Act, 1976 shall also apply to every trial pending
in a Court of Sessions at the commencement of this Code and also
pending at the commencement of the Code of Criminal Procedure (U.P.
Amendment) Act, 1983." U.P. Act 1 of 1984, w.e.f. 1-5-1984.
or offence, although he is not charged with it.
(3) When a person is charged with an offence, he may, be
convicted of an attempt to commit such offence although the
attempt is not separately charged.
(4) Nothing in this section shall be deemed to authorise a
conviction of any minor offence where the conditions requisite
for the initiation of proceedings in respect of that minor
offence have not been satisfied.
MISCELLANEOUS