CS Professional · Drafting, Pleadings and Appearances · Pleadings
Ravi Menon, a company director in Kochi, wants to file a petition in a criminal matter and his drafter suggests adding a prayer based on the Code of Civil Procedure, 1908 and its procedural rules. Under the Code of Civil Procedure, 1908, what is the position regarding matters of criminal jurisdiction?
The Code of Civil Procedure, 1908 does not apply to any matter of criminal jurisdiction. Section 112(2) expressly excludes criminal, admiralty and vice-admiralty matters, so criminal pleadings such as complaints, bail applications and quashing petitions must rely on criminal procedure law rather than the CPC.
- AThe Code applies fully to criminal matters unless a statute excludes it
- BThe Code does not apply to any matter of criminal jurisdictionCorrect
- CThe Code applies to criminal matters only before the High Court
- DThe Code applies to criminal matters only when costs are claimed
Explanation
Section 112(2) of the Code of Civil Procedure, 1908 states that nothing in the Code applies to any matter of criminal or admiralty or vice-admiralty jurisdiction. So criminal complaints, bail applications and quashing petitions are drafted under criminal procedure law, not the CPC. The other options wrongly assume some residual application.
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