402 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
popular notion that the law allows ten guilty persons to escape rather than punish an innocent individual. This is absolutely incorrect. All that the law says is that no man shall be tried except in accordance with the procedure laid down by law.
- The Criminal Procedure lays down :
(1) The Constitution of the Criminal Courts.
(2) The means and methods by which the accused may be brought before a Criminal Court for his trial.
(3) The rules as to trial of an accused.
(4) The rules as to punishment, and
(5) The rules as to rectification of an error in the trial, conviction or punishment of an accused.
I. C ONSTITUTION OF C RIMINAL C OURTS
- For a proper understanding of this subject a distinction must be drawn between the Presidency Towns system and the Provincial system.
Such distinction is often made in India in respect of other laws as well:
e.g. Insolvency— 1. Presidency Towns Insolvency Act.
2. Provincial Insolvency Act.
Small Causes— 1. Presidency Towns Small Causes Courts Act.
2. Provincial Small Causes Courts Act.
A. Provincial System
1. Sessions Courts
Section 7(1)
- Every Province shall be a Sessions Division or shall be divided into more than one Sessions Division. Every Sessions Division shall be coterminus with a district or more than one district.
Section 9 (3)
- For any Sessions Division there may be Additional Session Judges and Assistant Judges to exercise jurisdiction in one or more of Sessions Courts.
- Para 6 is missing in the MS.—ed.