CRIMINAL PROCEDURE CODE9 min read

BY-DRISHTI RATHI

INTRODUCTION:

The Code of Criminal Procedure of the year 1973 is of the most important acts in India. It is a procedural law that provides the procedure of substantive criminal law. It provides us with the manner or the procedure in which the offenders are to be punished under criminal law. It comprises all the essential details and also the complete procedure regarding all the inquiries, investigations, and also the trials for each and every offence under criminal law. It has brought uniformity in criminal law in India. This act has been amended twice in the year 1923 and also in the year 1955. It is exhaustive in nature as it is a complete code but the Court has the power to make laws in case of absence of express provisions in the Criminal Procedure Code.  

FEATURES:

The Code consists of 484 sections which are further divided into 37 chapters, 2 schedules, and 56 forms. It gives us the complete description and information regarding how the investigation, inquiry, and so on have to be conducted for the offences committed under the Indian Penal Code, 1860. But, the Criminal Procedure Code does not affect any local laws, special laws, and also any special jurisdiction or procedure or power provided under any other law. It provides us with the details on various important elements of criminal justice such as the organization of criminal courts, fair trial, rights and protection of the accused, the procedure of the trial, the duty of the police, and so on.   

SCOPE:

This Act is basically for the administration of criminal law in India. It provides us with the complete information of the procedure to be undertaken with respect to the offenders under the criminal law. It has complete information regarding the machinery for investigating a crime, suspecting criminals, evidence collection, determining whether the accused person is guilty or not, and also helps us to determine the punishment to be given to the offender. It helps in dealing with the cases related to public nuisances as well. it prevents the further commission of offenses and also helps in cases of maintenance of wife and children.

OBJECT:

There are various objects of the Criminal Procedure Code. It ensures the conduction of a fair trial where the rights of the accused are not compromised and also not favored. It provides the accused to have a fair chance of trial and a chance to be heard with the natural justice principles. It helps in non-delaying of the trial procedure and gives access to fast justice. It comprises of various measures such as summons, warrants, and so on to make sure that the attendance of the accused, witnesses and other required people is always there. It helps in the administration of the criminal system of India and also gives a detailed scheme for the functioning of the various bodies of the State.  

EXTENT:

The CrPC extends to the whole of India. However, the provisions barring the provisions of Chapter VIII, X, XI are not applicable to the states of Nagaland and also in the tribal regions of Assam. But, the state government of these states can make such provisions applicable in their cases as well in certain parts or the whole of their States as and according to the case by way of notification.  

DEFINITIONS (SECTION 2):

  1. Bailable Offence
  2. It is given under Section 2(a) of the Criminal Procedure Code. It refers to any offence that is shown to be bailable in the first schedule or is made bailable by other laws which is at force at that time.
  3. Non bailable offence would refer to any other offence other than this.
  4. Charge
  5. It is given under Section 2(b) of the Criminal Procedure Code. The word charge includes any head of charge when charge contains more than one heads.
  6. Cognizable Offence
  7. It is given under Section 2(c) of the Criminal Procedure Code. Cognizable offence refers to any offence in which a police officer arrests any person without a warrant by acting according to the first schedule or by any other law which is at force at that time.
  8. Cognizable case refers to a case of a cognizable offence.  
  9. Complaint
  10. It is given under Section 2(d) of the Criminal Procedure Code. Complaint refers to any allegations which can be in writing or orally to the Magistrate to take an action according to the Code regarding a person be it known or unknown who has committed some offence without any police report.
  11. High Court
  12. The word High Court has been described under Section 2(e) of the Criminal Procedure Code. It refers to the High Court for State when in relation to any State. In regard to the Union Territory it refers to the High Court whose jurisdiction has been extended by law for that State. When it is in relation to any other Union Territory, it refers to the highest court of criminal appeal barring the Supreme Court of India for that territory.
  13. India
  14. In the Criminal Procedure Code, the Section 2(f) describes what the word India means. It refers to all the States to which this particular code exists.
  15. Inquiry
  16. The word inquiry has been described under Section 2(g) of the Criminal Procedure Code. It refers to any inquiry that is conducted by a Magistrate or any Court but it does not include a trial.
  17. Investigation
  18. It has been described under Section 2(h) of the Criminal Procedure Code. The word investigation in the Code means any proceeding for the collection of evidences either by the police officer or by any other person (not the Magistrate) authorized by the Magistrate to act on his behalf.
  19. Judicial Proceeding
  20. It has been described under Section 2(i) of the Criminal Procedure Code. It refers to any proceeding in whose course the evidence is or may be legally taken on oath.
  21. Local Jurisdiction
  22. It has been described under Section 2(j) of the Criminal Procedure Code. It is in relation to the Magistrate or the Court. It refers to any local area where the Magistrate or the Court may exercise any or all of the powers vested in them by this Code. Such a local area can consist of the whole State or any part of the State which the State Government shall specify by a notification.
  23. Metropolitan Area
  24. It has been described under Section 2(k) of the Criminal Procedure Code. It refers to any area that is declared or is deemed to be declared as a metropolitan area under the Section 8.
  25. Non Cognizable Offence
  26. It has been described under Section 2(l) of the Criminal Procedure Code. It refers to any offence in which the police officer cannot arrest or does not have the authority to arrest without a warrant.
  27. Non Cognizable case refers to a case of a non-cognizable offence.
  28. Notification
  29. It has been described under Section 2(m) of the Criminal Procedure Code. It refers to any notification which is published in the Official Gazette.        
  30. Offence
  31. The definition of offence is provided under Section 2(n) of the Criminal Procedure Code. The word offence refers to any act or omission of any act which is, by any law at that time in force, punishable and it also includes any complaint which is made in relation to Section 20 of the Cattle Trespass Act, 1871.
  32. The Indian Penal Code under its Section 40 has stated that offence is anything that is punishable under the Indian Penal Code.
  33. Officer in charge of a police station
  34. It has been described under Section 2(o) of the Criminal Procedure Code. It includes the police officer who is present at the station house and is next in rank to the officer in charge and is above the rank of a constable or any other police officer present as per the directions of the State Government when the officer in charge of the police station is absent from station house or due to his illness or any other cause due to which he cannot perform his duties.
  1. Place
  2. It has been described under Section 2(p) of the Criminal Procedure Code. It refers to any place, tent, building, vessel and vehicle.
  3. Pleader
  4. It has been described under Section 2(q) of the Criminal Procedure Code. It refers to any person who is authorized under or by any law in force at that time to practice in such a court and also includes any other person who is appointed to act in a proceeding with the permission of the Court in reference to the proceedings of the Court.
  5. Police Report
  6. It has been described under Section 2(r) of the Criminal Procedure Code. It means a report which has been forwarded by a police officer under Section 173 sub section (2) to Magistrate.
  7. Police Station
  8. It has been described under Section 2(s) of the Criminal Procedure Code. It refers to any place or post which has been generally or specifically declared by the State Government to be a police station and also includes any local area which is specified by the State Government in this behalf.  
  9. Prescribed
  10. It has been described under Section 2(t) of the Criminal Procedure Code. It means to be prescribed by the rules that are made under this code.
  11. Public Prosecutor
  12. It has been described under Section 2(u) of the Criminal Procedure Code. It means any person who has been appointed as per Section 24 and also includes any person who is acting under the directions of the Public Prosecutor.
  13. Sub Division
  14. It has been described under Section 2(v) of the Criminal Procedure Code. It means a sub division of a district.
  15. Summons Case
  16. It has been described under Section 2(w) of the Criminal Procedure Code. It means any case which is not a warrant case and is a case relating to an offence. 
  • Warrant Case
  • It has been described under Section 2(x) of the Criminal Procedure Code. It means any case which is related to an offence that is either punishable by death, imprisonment for life, or for imprisonment whose period exceeds two years.
  • As per the Section 2(y) of the Criminal Procedure Code, any words or expressions that have not been defined but are used in the Criminal Procedure Code but are defined in the Indian Penal Code (45 of 1860) have the meanings that are respectively assigned to them in that Code.

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