by Yuvi - August 11, 2023

Code of Criminal Procedure, 1973 of India

The Code of Criminal Procedure (often abbreviated as CrPC) is a comprehensive piece of legislation that governs the procedural aspects of the criminal justice system in India. It provides the framework for the investigation, trial, and adjudication of criminal cases. The CrPC, 1973, replaced the earlier Code of Criminal Procedure, 1898, and has been amended over the years to adapt to changing legal requirements and societal needs.

Sections of Code of Criminal Procedure 1973

The Code of Criminal Procedure, 1973 (CrPC) is an extensive piece of legislation, comprising a multitude of sections. The CrPC is divided into 37 chapters and contains 484 sections. These sections cover a broad range of topics:

• Section 1-5: Preliminary information like title, extent, and definitions.
• Section 6-35: Provisions related to the constitution and powers of criminal courts and offices.
• Section 36-72: Details about powers of the police, arrest of persons, and processes to compel appearance.
• Section 73-105: Processes to compel the production of documents and other movable property, and for the discovery of persons wrongfully confined.
• Section 106-119: Provisions related to security for keeping the peace and for good behavior.
• Section 120-176: Provisions about preventive action of the police, information to them, and their powers to investigate.
• Section 177-210: Jurisdiction of criminal courts in inquiries and trials and the conditions requisite for initiation of proceedings.
• Section 211-265: Details about charges, trials before a Magistrate, warrant-cases, summons-cases, and summary trials.
• Section 266-299: Procedures related to the proceedings in prosecutions.
• Section 300-405: Provisions related to appeals, references, revisions, transfer of criminal cases, and execution, suspension, remission, and commutation of sentences.
• Section 406-484: Encompass various other provisions including those related to maintenance of wives, children, and parents, bail and bonds, public nuisances, disposal of property, commissions, and more.

This is a broad overview of the sections in the CrPC. Each section has specific legal provisions and details that would require individual elaboration for a comprehensive understanding.

Procedural aspects of Code of Criminal Procedure

The CrPC, 1973, covers a wide range of procedural aspects, including:

1. Investigation: The CrPC outlines the powers and procedures of law enforcement agencies during the investigation of criminal cases. This includes the powers of arrest, search, and seizure.
2. Arrest and Detention: It defines the procedures for making arrests, the rights of arrested individuals, and the circumstances under which a person can be detained.
3. Bail and Bonds: The CrPC sets out the provisions related to granting bail to accused persons and the conditions under which bail can be provided.
4. Cognizance and Trial: It outlines how courts take cognizance of offenses, initiate trials, and conduct proceedings. It covers the different stages of the trial process, from framing charges to the examination of witnesses.
5. Evidence: The CrPC provides guidelines on the admissibility, recording, and examination of evidence during trial.
6. Judgment and Sentencing: It governs the process of delivering judgments in criminal cases and the imposition of sentences on convicted individuals.
7. Appeals and Revision: The CrPC outlines the procedures for filing appeals and seeking revision of orders in higher courts.
8. Special Procedures: It includes provisions for dealing with special types of cases, such as cases involving juveniles, sexual offenses, and cases against public servants.
9. Execution of Orders: The CrPC includes provisions related to the enforcement of court orders, including warrants and orders of punishment.

Classification of offences under the Code of Criminal Procedure 1973

Cognizable Offences and Non-Cognizable Offences:

Cognizable offences are those for which a police officer can make an arrest without a court-issued warrant. These offences are generally more serious in nature. Non-cognizable offences, on the other hand, require a police officer to obtain a warrant from a court before making an arrest. Non-cognizable offences are typically less serious than cognizable offences.

Sections for Reporting Offences:

• Cognizable offences are reported under Section 154 of the Cr.P.C.
• Non-cognizable offences are reported under Section 155 of the Cr.P.C.

Magistrate’s Role in Non-Cognizable Offences:

The Magistrate, under Section 190 of the Cr.P.C., is empowered to take cognizance of non-cognizable offences. Additionally, under Section 156(3) of the Cr.P.C., the Magistrate can direct the police to register a case, investigate it, and submit a challan or report for cancellation.

Ingredients of Section 154:

For Section 154 to be applicable, the following conditions need to be met:

• The information must be given to a police officer.
• The information must relate to a cognizable offence.
• It should be the first information about the offence.
• Investigation starts immediately after recording the First Information Report (FIR).
• The information can be provided orally, in writing, or even through relevant telephonic communication.
• The informant is entitled to a free copy of the FIR.

Summons-case and Warrant-case:

• Section 204 of the Cr.P.C. deals with the issuance of summons or warrants by a Magistrate taking cognizance of an offence.
• A summons-case refers to a case related to an offence that is not punishable with death, imprisonment for life, or imprisonment for a term exceeding two years.
• A warrant-case refers to a case related to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years.

These concepts are important in the legal process to determine how offences are classified, reported, and dealt with by the authorities. Please note that legal procedures and definitions may vary from one jurisdiction to another, so it’s essential to refer to the specific laws and regulations of your region for accurate information.

The territorial extent, scope, and applicability of the Code of Criminal Procedure

Territorial Extent and Applicability:

The Cr.P.C. is applicable throughout the whole of India. However, Article 370 of the Constitution of India had previously limited the Parliament’s power to legislate in respect of Jammu & Kashmir. As of 2019, Article 370 has been revoked, and consequently, the Cr.P.C. now applies to the entire country, including Jammu & Kashmir.

Exemptions and Provisions for Certain Areas:

There are exemptions to the applicability of certain provisions of the Cr.P.C. These exemptions are related to Chapters VIII, X, and XI of the Code. The provisions of these chapters do not apply to:

• The State of Nagaland.
• Tribal areas.

Application in Exempted Areas:

The concerned State Government has the authority to apply any or all of the exempted provisions (related to Chapters VIII, X, and XI) to the exempted areas (Nagaland and tribal areas) through a notification. This means that the State Government can choose to apply these provisions if deemed necessary.

Application of Substance in Exempted Areas:

Even in areas where certain provisions of the Cr.P.C. do not apply due to exemptions, the Supreme Court of India has ruled that the authorities in these areas should be guided by the substance of these rules. This suggests that the principles and procedures outlined in the Cr.P.C. may still have relevance and applicability even in areas where specific provisions are exempted.

Bodies which function under Code of Criminal Procedure

The entities listed here play significant roles in the functioning of the criminal justice system under the Criminal Procedure Code in India. Let’s briefly go through the functions of each of these entities:

Supreme Court of India: The highest judicial authority in the country. It has the power to hear appeals, review decisions, and issue orders related to criminal cases, ensuring the correct application of the law.

High Courts: These are the highest courts in each state and union territory. High Courts have the authority to hear appeals from lower courts, provide guidance on legal matters, and ensure proper administration of justice in their respective regions.

District and Session Judge and Additional District Judges: These judges preside over the district and sessions courts. They handle serious criminal cases and oversee the functioning of subordinate courts within their districts.

Judicial Magistrates (CJM, JFCM, JSCM): Judicial Magistrates are responsible for conducting trials for various offences, ensuring fairness, and making judgments. They play a crucial role in the early stages of the criminal justice process.

Executive Magistrates (DM, ADM, SDM, EM): Executive Magistrates are responsible for maintaining law and order, preventing and handling criminal activities, and issuing orders such as arrest warrants and search warrants.

Police: The police force is responsible for maintaining law and order, investigating crimes, arresting suspects, and gathering evidence. They work in collaboration with the judicial system to bring offenders to justice.

Public Prosecutors: Public prosecutors represent the government in criminal cases. They present evidence, examine witnesses, and argue the case on behalf of the prosecution, aiming to prove the guilt of the accused.

Defence Counsels: Defence counsels are lawyers who represent the accused individuals. They ensure the accused’s rights are protected, present evidence in their favor, and provide legal counsel throughout the trial.

Correctional Services Personnel: This includes personnel working in correctional facilities such as prisons and rehabilitation centers. They are responsible for the custody, care, and rehabilitation of convicted individuals.

These entities collectively work together to ensure the proper functioning of the criminal justice system, from the investigation of crimes through to the trial and correctional processes. Each entity has a specific role and responsibility that contributes to the fair and effective administration of justice.

Sentences which magistrates are authorized to pass

Chief Judicial Magistrate:

• The Chief Judicial Magistrate has the authority to pass any sentence authorized by law, except for a sentence of death, imprisonment for life, or imprisonment for a term exceeding seven years.

Judicial Magistrate of First Class:

• A Judicial Magistrate of First Class can pass a sentence of imprisonment for a term not exceeding three years.
• They can also impose a fine not exceeding ten thousand rupees (amended from five thousand rupees by Act 25 of 2005).
• They have the authority to impose both imprisonment and a fine.

Judicial Magistrate of Second Class:

• A Judicial Magistrate of Second Class is empowered to pass a sentence of imprisonment for a term not exceeding one year.
• They can also impose a fine not exceeding five thousand rupees (amended from one thousand rupees by Act 25 of 2005).
• Similar to the first-class magistrate, they can also combine imprisonment and a fine as part of the sentence.

Chief Metropolitan Magistrate:

• The Chief Metropolitan Magistrate has the powers of a Chief Judicial Magistrate.

Metropolitan Magistrate:

• A Metropolitan Magistrate has the powers of a Judicial Magistrate of First Class.

It’s important to note that these sentencing powers are based on the provisions of the Criminal Procedure Code in India. Sentencing is a crucial aspect of the criminal justice system, and magistrates are responsible for determining appropriate sentences based on the nature and severity of the offence, the circumstances of the case, and relevant legal provisions.

The mentioned categories and their respective sentencing powers provide a structure for ensuring that sentences are commensurate with the seriousness of the crimes committed.

Appeal Mechanism:

The Indian legal framework allows for multiple levels of appeal, a system constructed from both the Criminal Procedure Code (often referred to simply as “the Code”) and the Constitution of India.

Appeal to the Supreme Court:

A person who is convicted by the High Court, when it is exercising its original criminal jurisdiction (i.e., hearing a case for the first time rather than on appeal), can appeal that decision to the Supreme Court of India.

If the High Court, upon hearing an appeal, reverses a lower court’s decision of acquittal and instead convicts the individual, especially in serious circumstances like sentencing the individual to death or to long-term imprisonment (10 years or more), the convicted individual has the right to appeal to the Supreme Court.

Additionally, the Constitution of India provides for an appeal to the Supreme Court against the direction of the High Court if the latter certifies that the case in question deals with significant legal questions related to the interpretation of the Constitution.

Restrictions on Appeals:

Judgments arising from minor or petty cases do not typically permit appeals unless they are combined with other sentences (meaning the individual faces multiple charges, some of which may be more serious).

If an accused person pleads guilty in the High Court and is subsequently convicted based on that plea, they cannot appeal the conviction. However, if a plea of guilt leads to a conviction by lower courts like the Sessions Court or certain classes of Magistrates, the convicted person can appeal, but only concerning the legality of the imposed sentence.

This passage emphasizes the structured hierarchy of the Indian legal system, allowing appeals to proceed upwards, usually based on the gravity of the case and the sentence imposed. The rules ensure that minor cases do not crowd higher courts, while serious cases, especially those involving constitutional matters, can be heard by the highest court in the land.

Bail in Code of Criminal Procedure

Bail is a mechanism by which an accused person may be released from custody, typically in exchange for a sum of money or some form of collateral, which ensures the individual’s appearance in court at a later date. If the person does not appear in court, the bail amount may be forfeited.

Bailable and Non-Bailable: These terms, as mentioned, are clearly defined in the context of the Indian legal system, but the term “bail” in isolation isn’t. As described, “bailable” offenses are those for which bail is generally permissible. On the other hand, “non-bailable” offenses are ones for which bail isn’t automatically granted; the accused has to make an application before the court, and the court has discretion whether to grant it or not.

Cognizable and Non-Cognizable: Cognizable offenses are more serious in nature, allowing the police to make an arrest without a warrant. Non-cognizable offenses are less serious, and the police need a warrant to arrest the accused.

Jurisdiction and Punishment: The First Schedule of the Code clarifies which court has jurisdiction over particular offenses and also sets out the range of possible punishments for each offense.

Supreme Court and State Government Powers: The Supreme Court of India, due to its overarching jurisdiction and in light of evolving societal needs, can alter the classification of offenses from bailable to non-bailable or vice versa. Similarly, State Governments in India have the power to alter the classification of certain offenses within their jurisdiction.

This passage highlights the complex nature of the bail system in India and underscores the powers of the judiciary and the government in influencing how bail is administered.

Conclusion

The Code of Criminal Procedure, 1973, is a significant legal document that ensures fair and just criminal proceedings in India. It works in conjunction with other laws, such as the Indian Penal Code (IPC), to provide a comprehensive framework for the criminal justice system in the country.

It’s important to note that legal matters can be complex, and the interpretation and application of laws can vary based on specific circumstances and court decisions. Therefore, individuals seeking legal information should consult legal professionals or refer to the latest official legal documents for accurate and up-to-date guidance.

Frequently asked questions about the CrPC:

This is only a basic overview on CrPC. If you have specific questions you might want to consult the CrPC itself or seek legal counsel.