Section 429 CrPC: Code of Criminal Procedure – Saving
1. State the Code
Section 429 of the Code of Criminal Procedure, 1973, deals with the saving of certain provisions in the Code. It states:
“Nothing in this Code shall affect any enactment relating to
the procedure for the trial of offences by any Court constituted by or under
any law for the time being in force relating to any of the following
matters, namely:-
- The Army Act, 1950 (46 of 1950);
- The Air Force Act, 1950 (45 of 1950);
- The Navy Act, 1957 (62 of 1957);
- The Coast Guard Act, 1978 (16 of 1978);
- The Indian Navy (Discipline) Act, 1934 (34 of 1934);
- The Indian Air Force (Discipline) Act, 1950 (29 of 1950);
- The Indian Army Act, 1911 (1 of 1911);
- The Railways Act, 1989 (24 of 1989), except section 143;
- The Post Office Act, 1898 (6 of 1898), except sections 44, 46 and 47;
- The Merchant Shipping Act, 1958 (44 of 1958), except section 365;
- Any law for the time being in force regulating the procedure for the trial
of offences by Courts Martial, Military Courts or Courts of Inquiry.
2. Explanation
Section 429 ensures that the Code of Criminal Procedure does not override the
specific procedures laid down in other laws for trying offences related to
certain sectors. This means that these special laws have their own
independent provisions for handling criminal proceedings, even if they
differ from the general procedures outlined in the CrPC.
3. Illustration
For example, if a soldier commits a crime while on duty, the trial will be
governed by the Army Act, 1950, and not by the general provisions of the
CrPC. Similarly, offences committed by personnel of the Indian Navy will be
tried under the Indian Navy (Discipline) Act, 1934, even though the CrPC
lays down general procedures for criminal trials.
4. Common Questions and Answers
Q: Why is it necessary to have specific laws for certain sectors?
A: These sectors often require specialized procedures to maintain
discipline, security, and operational efficiency. For instance, the Army Act
has provisions specific to military offences and the hierarchical structure of
the armed forces.
Q: What if the Code of Criminal Procedure and the special law have
conflicting provisions?
A: In such cases, the provisions of the special law prevail over the
CrPC.
Q: Can a person be tried under both the special law and the CrPC for the
same offence?
A: No, double jeopardy is prohibited. A person cannot be tried twice
for the same offence. However, if the special law has a wider definition of
the offence, the CrPC may not apply.
