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

Chapters	Sections	Particulars
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

• Bailable

• Non-Bailable

  

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

• Evidence gathering

• Judgment on the guilt of the accused

• Judgment on the innocence of the accused

• Deciding on the guilty party's penalty.

Conclusion

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.