THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA
PRELIMINARY
Wrong and the Remedy for it
1.* One of the clauses in the constitution of the U. S. A. runs thus :
“No citizen shall be deprived of his life, liberty and property without due process of law”.
Such a clause is not found in the constitution of other states. All the same every civilized State seeks to protect the life, liberty and property of its citizen from unwarranted attacks.
Such a guarantee is the foundation of the state. With this object in view every state has a code of laws which defines what are wrongs. In India we have the Penal Code and the law of Torts.
- Wrongs are either civil or criminal.
Some wrongs are both civil as well as criminal; Assault, Defamation : they are both civil as well as criminal wrongs. The aggrieved party can proceed both in a criminal court and also in a civil court.
- Remedy. It would be of no avail whatsoever merely to enact wrongs if for every wrong an appropriate remedy is not provided. On the other hand, it may be said, that the law recognizes a wrong only when it provides a remedy for its vindication. When there is no remedy provided for the commission of a wrong, the enactment of a wrong would be an idle work.
Liberty of a person and the writ of Haheus Corpus.
- The Criminal Procedure Code is a remedial law. It provides a remedy to the aggrieved patty against the offender for the vindication of the criminal wrong done to him. It is a
- Paragraph numbers are retained as of original— ed.