- Trending Categories
- Data Structure
- Operating System
- MS Excel
- C Programming
- Social Studies
- Fashion Studies
- Legal Studies
- Selected Reading
- UPSC IAS Exams Notes
- Developer's Best Practices
- Questions and Answers
- Effective Resume Writing
- HR Interview Questions
- Computer Glossary
- Who is Who
Code of Criminal Procedure: An Overview
The criminal procedure code is another name for the Code of Criminal Procedure (CrPC). This law was passed in 1973, and on April 1st, 1974, it became operative. The criminal procedure code offers a system for holding criminal case trials. It outlines the steps for submitting a complaint, holding a trial, issuing an order, and appealing any decision.
It provides the procedures and tools required for criminal investigations, the arrest of suspects, the collection of evidence, the procedure of prosecution and trial of accused person (proving guilty or innocent), and the decision of the guilty party's punishment. It also addresses public annoyance, crime prevention, and wife, kid, and parent upkeep.
Application of the Criminal Procedure Code
The Criminal Procedure Code (CrPC) is a system for outlining methods for ascertaining a person's guilt or innocence and gathering evidence. It also establishes jurisdiction for some crimes, such as those committed by minors, and covers public nuisance, maintenance of wife, children, and parents, among other things. Additionally, it outlines the court's authority, purview, and the offences that can be tried there.
Objective of the Criminal Procedure Code
The criminal procedure code outlines several goals. These are −
This code's major goal is to give the accused individual a chance at a fair trial in accordance with the notion of natural justice.
To protect everyone's rights while ensuring a fair trial for both the defendant and the victim.
To establish criteria for admissibility of evidence in order to accomplish a fair adjudication procedure.
To avoid dragging out the inquiry and legal proceedings.
To ensure that anyone involved in a case shows up by using the numerous tools at your disposal, such as a warrant, summons, property attachment, proclamation, etc.
To specify how the criminal justice system will operate from the point of investigation through conviction and the appeals process.
To describe how India's criminal courts are set up.
To describe the function and authority of law enforcement and other authorities during the course of an investigation and trial.
To describe the authority and scope of the criminal justice system's courts.
Table of Contents
The following table illustrates the provisions mentioned under the Act
|I||Sec-1 to 5||Preliminary|
|II||Sec-6 to 25A||Constitution of criminal courts and offices|
|III||Sec-26 to 35||Power of courts|
|IV||Sec-36 to 40||A-powers of superior officers of police B.–aid to the magistrates and the police|
|V||Sec-41 to 60A||Arrest of persons|
|VI||Sec-61 to 90||Processes to compel appearance|
|VII||Sec-91 to 105||Processes to compel the production of things|
|VIIA||Sec-105A to 105L||Reciprocal arrangements for assistance in certain matters and procedure for attachment and forfeiture of property|
|VIII||Sec-106 to 124||Security for keeping the peace and for good behaviour|
|IX||Sec-125 to 128||Order for maintenance of wives, children and parents|
|X||Sec-129 to 148||Maintenance of public order and tranquillity|
|XI||Sec-149 to 153||Preventive action of the police|
|XII||Sec-154 to 176||Information to the police and their powers to investigate|
|XIII||Sec-177 to 189||Jurisdiction of the criminal courts in inquiries and trials|
|XIV||Sec-190 to 199||Conditions requisite for initiation of proceedings|
|XV||Sec-200 to 203||Complaints to magistrates|
|XVI||Sec-204 to 210||Commencement of proceedings before magistrates|
|XVII||Sec-211 to 224||The charge|
|XVIII||Sec-225 to 237||Trial before a court of session|
|XIX||Sec-238 to 250||Trial of warrant-cases by magistrates|
|XX||Sec-251 to 259||Trial of summons-cases by magistrates|
|XXI||Sec-260 to 265||Summary trials|
|XXIA||Sec-265A to 265L||Plea bargaining|
|XXII||Sec-266 to 271||Attendance of persons confined or detained in prisons|
|XXIII||Sec-272 to 299||Evidence in inquiries and trials|
|XXIV||Sec-300 to 327||General provisions as to inquiries and trials|
|XXV||Sec-328 to 339||Provisions as to accused persons of unsound mind|
|XXVI||Sec-340 to 352||Provisions as to offences affecting the administration of justice|
|XXVII||Sec-353 to 365||The judgment|
|XXVIII||Sec-366 to 371||Submission of death sentences for confirmation|
|XXIX||Sec-372 to 394||Appeals|
|XXX||Sec-395 to 405||Reference and revision|
|XXXI||Sec-406 to 412||Transfer of criminal cases|
|XXXII||Sec-413 to 435||Execution, suspension, remission and commutation of sentences|
|XXXIII||Sec-436 to 450||Provisions as to bail and bonds|
|XXXIV||Sec-451 to 459||Disposal of property|
|XXXV||Sec-460 to 466||Irregular proceedings|
|XXXVI||Sec-467 to 473||Limitation for taking cognizance of certain offences|
|XXXVII||Sec-474 to 484||Miscellaneous|
Features of the Act
The criminal procedure code has a few noteworthy elements, which can be illustrated through the chart below
Classification of offences under the Act
Following are the two important categories
Need of the Act
The criminal procedure code machinery that was put in place in 1973 met the following requirements
Registration of a complaint and thereafter a FIR
Carrying out investigations into crimes
The capture of alleged offenders
Judgment on the guilt of the accused
Judgment on the innocence of the accused
Deciding on the guilty party's penalty.
According to the CrPC, every individual is entitled to a fair trial and hearing before a tribunal that is impartial and independent. Until the charges against the accused are proven, he is presumed innocent. The accused has the right to be represented by counsel and the ability to cross-examine the other party's witnesses.
The Indian Penal Code and the Criminal Procedure Code both establish the framework for the country's criminal justice system. The adoption of these laws resulted in the consolidation of India's criminal laws. The CrPC forbids delays in the investigation and trial processes as well as violations of the natural justice principle. Additionally, it guarantees that the accused must have a fair chance to be heard and that all the evidence and charges against him or her must be disclosed.
Frequently Asked Questions
Q1. What distinguishes IPC from CrPC?
Ans. The IPC is India's main criminal code, which defines crimes and lays out penalties for practically all criminal offences and actionable wrongs. The procedural legislation known as the Criminal Procedure Code (CrPC) stipulates a thorough process for penal law penalties.
Q2. Who is CrPC's father?
Ans. Macaulay, Thomas Babington
Q3. Describe the zero FIR.
Ans. A zero FIR can be filed in any police station regardless of whether the offence was committed under the jurisdiction of that specific police station, in contrast to a FIR, which is constrained by jurisdiction. While FIRs are given serial numbers, zero FIRs are given the number "0."
Q4. What is the first CrPC schedule?
Ans. "Magistrate 1st Class" and "Any Magistrate" in this Schedule refer to Metropolitan Magistrates but not Executive Magistrates; "cognizable" means "a police officer may arrest without a warrant".
Q5. What procedural law is the CrPC?
Ans. In addition to broad provisions for procedure in holding trials, etc., the criminal procedure code deals with the classification of courts, their constitutional authority, and the method to be followed by them. The criminal procedure code's structure indicates that it is a piece of procedural legislation.
Kickstart Your Career
Get certified by completing the courseGet Started