Jurisprudential and Constitutional essence of CrPC + Rules of interpretation Flashcards

1
Q

ESSENCE
Grundnorm – Basic structure of Constitution
Evolution of Constitution = evolution of CrPC (Art 21 “except according to procedure established by law.”) – case law
1852 – 1861 – 1865 – 1872 -1882 -1898 – Law Commission (1955) – 14 (1958); 25; 32; 33; 36; 40; 41 (1969) – 1974
1970, 1971 – due process of law
1973 – basic structure
1978 – fair, just, equitable, reasonable – procedural + substantive
2003
2006
2009
2013, 2019
Dimensions of Amendments in CrPC – 3
Social engineering - Balancing of interests – State (prosecution+victim) – accused (Art 21)

A
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2
Q
RULES OF INTERPRETATION
Rule of literal interpretation
Rule of liberal interpretation
Rule of purposive interpretation 
Mischief Rule/ heydon’s Principle
Procedure is handmaid of justice
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