LAW LIBRARY
It must be remembered that the Criminal Procedure Code is an ongoing statute. The principles of interpreting an ongoing statute have been very succinctly set out by the leading jurist Francis Bennion in his commentaries titled “Statutory Interpretation”, 2nd Edition page 617:
“It is presumed the Parliament intends the court apply an ongoing Act a construction that continuously updates its wordings allow for changes since the Act was initially framed. While it remains law, it has be treated as always speaking. This means that in its application on any day, the language of the Act though necessarily embedded in its own time, is nevertheless be construed in accordance with the need treat it as a current law.
In construing an ongoing Act, the interpreter is presumed that Parliament intended the Act be applied at any future time in such a way as give effect the original intention. Accordingly, the interpreter is made allowances for any relevant changes that have occurred since the Act’s passing, in law, in social conditions, technology, the meaning of words and other matters…..
That day’s construction involves the supposition that Parliament was catering long ago for a state of affairs that did not then exist is no argument against that construction. Parliament, in the wording of an enactment, is expected to anticipate temporal development. The drafter will foresee the future and allow for it in the wording.
An enactment of former days is thus be read day, in the light of dynamic processing received over the years, with such modification of the current meaning of its language as will now give effect the original legislative intention. The reality and effect of dynamic processing provide the gradual adjustment. It is constituted by judicial interpretation, year in and year out. It also comprises processing by executive officials.”
Commentary On The Code of Criminal Procedure 1973
Supreme Court Digest of Criminal Procedure Code
The Code of Criminal Procedure, 1989[Jammu and Kashmir]
