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CS Professional · Drafting, Pleadings and Appearances · Pleadings

Ramesh Iyer, a Chennai businessman, wants to file a petition in a criminal matter and his drafter proposes to follow the procedure of the Code of Civil Procedure, 1908 for the format and trial. Under the Code of Civil Procedure, 1908 as it is worded in Section 112, what is the position?

The Code of Civil Procedure does not apply to matters of criminal jurisdiction. Section 112(2) says nothing in the Code applies to any matter of criminal, admiralty or vice-admiralty jurisdiction, so criminal complaints and bail applications follow the criminal procedure law instead.

  1. AThe Code applies fully to criminal matters
  2. BThe Code does not apply to any matter of criminal jurisdictionCorrect
  3. CThe Code applies to criminal matters only before the High Court
  4. DThe Code applies to criminal matters only for bail applications

Explanation

Section 112(2) of the Code of Civil Procedure states that nothing in the Code applies to any matter of criminal, admiralty or vice-admiralty jurisdiction. Criminal pleadings such as complaints and bail applications are therefore governed by the criminal procedure statute, not the civil Code. The options suggesting partial application contradict this text.

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