Special criminal procedure prevails over general CrPC framework where a State children's law provides its own procedure.

Section 5 of the Code of Criminal Procedure, 1973 preserves any special or local law and any special form of procedure unless the Code expressly provides otherwise. The Haryana Children Act, 1974 therefore continued to operate as a special law with its own procedure for children, and it was not displaced merely because the Code generally governed investigation, inquiry and trial of offences. The special procedure under the State Act remained applicable, and the accused was entitled to be dealt with under that Act rather than the general criminal procedure.

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Issues: Whether the Code of Criminal Procedure, 1973 displaced the Haryana Children Act, 1974 and required the appellant to be tried under the general criminal procedure instead of the special procedure under the State Act.

Analysis: Section 5 of the Code of Criminal Procedure, 1973 saves any special or local law and any special jurisdiction or special form of procedure prescribed by another law in force, unless the Code contains a specific contrary provision. The Haryana Children Act, 1974 had already come into force and provided a special procedure for children; it therefore remained operative notwithstanding the later general Code. The State Act was not overridden by the Code merely because the Code dealt generally with investigation, inquiry and trial of offences under the Indian Penal Code.

Conclusion: The Code of Criminal Procedure, 1973 did not supersede the Haryana Children Act, 1974, and the appellant was entitled to be tried under the special procedure prescribed by the Haryana Act.

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