5.19.2. Description

Separation of powers is necessary for the system of checks and balances. It also ensures the independence of the judiciary.

It is also a liberal-intellectual principle. It has been fulfilled by amending the CrPC in 1973. This amendment repealed CrPC, 1898 and gave effect to the separation of the executive from the judiciary in administration of criminal justice, provided for the distinction between executive and judicial magistrates and their respective functions.