Criminal Procedure Code, 1973 (India)
Encyclopedia
The Code of Criminal Procedure is the main legislation on procedure
Procedural law
Procedural law or adjective law comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process or fundamental justice to all cases that come before...

 for administration of substantive
Substantive law
Substantive law is the statutory or written law that defines rights and duties, such as crimes and punishments , civil rights and responsibilities in civil law. It is codified in legislated statutes or can be enacted through the initiative process.Substantive law stands in contrast to procedural...

 criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...

 in India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...

. It was enacted in 1973
1973 in India
Events in the year 1973 in the Republic of India.-Incumbents:* President of India – V. V. Giri* Prime Minister of India – Indira Gandhi-January to June:*5 January - Uday Chopra, actor.*11 January - Rahul Dravid, cricketer....

 and came into force on 1 April, 1974
1974 in India
-Incumbents:* President of India – V. V. Giri until August 24, Fakhruddin Ali Ahmed* Prime Minister of India – Indira Gandhi-Events:*January to May smallpox epidemic...

. It provides the machinery for the investigation of crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...

, apprehension of suspected criminals, collection of evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...

, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. Additionally, it also deals with public nuisance, prevention of offenses and maintenance of wife, child and parents.

The Act consists of 484 sections, 2 schedules and 56 forms. The sections are divided into 38 chapters.

History

In medieval India, subsequent to the conquest by the Muslims, the Mohammedan Criminal Law came into prevalence. The British rulers passed the Regulating Act of 1773 under which a Supreme Court was established in Calcutta and later on at Madras and in Bombay. The Supreme Court was to apply British procedural law while deciding the cases of the Crown’s subjects.

After the Rebellion of 1857
Indian Rebellion of 1857
The Indian Rebellion of 1857 began as a mutiny of sepoys of the British East India Company's army on 10 May 1857, in the town of Meerut, and soon escalated into other mutinies and civilian rebellions largely in the upper Gangetic plain and central India, with the major hostilities confined to...

, the crown
Imperial crown
An Imperial Crown is a crown used for the coronation of emperors.- Imperial Crowns with Mitre :-Legal usage:Throughout the Commonwealth Realms, The Crown is an abstract concept which represents the legal authority for the existence of any government...

 took over the administration in India. The Criminal Procedure Code, 1861 was passed by the British parliament.

The 1861 code continued after independence and was amended in 1969. It was finally replaced in 1972.

Cognizable and non-cognizable offences

Cognizable offences are those offences for which a police officer may arrest without warrant in accordance with the first schedule of the code. Non-cognizable offences are ,generally speaking, relatively less serious offences. For non-cognizable cases the police officer may arrest only after being duly authorised by a warrant.

Summons case and warrant case

Under Section 204 of the code, a Magistrate taking cognizance of an offence is to issue summons for the attendance of the accused if the case is a summons case. If the case appears to be a warrant case, he may issue a warrant or a summons as he sees fit.

Bailable and non-bailable

According to Section 2(a), bailable offence are offences listed under the First Schedule as bailable or made bailable under any other law for the time being in force. All other offences are non-bailable.

Territorial extent, scope and applicability

The Criminal Procedure Code extends to the whole of India except the States in India of Jammu and Kashmir
Jammu and Kashmir
Jammu and Kashmir is the northernmost state of India. It is situated mostly in the Himalayan mountains. Jammu and Kashmir shares a border with the states of Himachal Pradesh and Punjab to the south and internationally with the People's Republic of China to the north and east and the...

. The Parliament's power to legislate in respect of Jammu & Kashmir is curtailed by Article 370 of the Constitution of India
Constitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...

.

Provisions under Chapters VIII, X and XI of the code do not apply to the State of Nagaland
Nagaland
Nagaland is a state in the far north-eastern part of India. It borders the state of Assam to the west, Arunachal Pradesh and part of Assam to the north, Burma to the east and Manipur to the south. The state capital is Kohima, and the largest city is Dimapur...

 and some tribal areas in Assam
Assam
Assam , also, rarely, Assam Valley and formerly the Assam Province , is a northeastern state of India and is one of the most culturally and geographically distinct regions of the country...

. However the concerned State Government may, by notification apply any or all of these provisions in these areas. Morever, the Supreme Court of India
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...

 has also ruled that even in these areas, the authorities are to be governed by the substance of these rules

Functionaries under the code

  1. Magistrate
    Magistrate
    A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...

    s and judge
    Judge
    A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

    s of the Supreme Court and High Court
  2. Police
  3. Public prosecutors
  4. Defence Counsels
  5. Correctional services personnel

Bail

There is no definition of the term "bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...

" under the code though the terms "bailable" and "non-bailable" have been defined. It has however been defined by the Black's Law Lexicon as security for the appearance of the accused person on giving which he is released pending trial or investigation

The First Schedule to the code refers to all offences under the Indian Penal Code
Indian Penal Code
Indian Penal Code is the main criminal code of India. It is a comprehensive code, intended to cover all substantive aspects of criminal law. It was drafted in 1860 and came into force in colonial India during the British Raj in 1862...

 and classifies them into bailable and non-bailable. There is no test or criteria for determining which offence is bailable and which is non-bailable. However, generally speaking, less serious offences are usually bailable while more serious ones are non-bailable.

Summary trials

Section 260 Clause 2 of the Code lists certain offences which may be summarily tried by any Chief Judicial Magistrate, any Metropolitan Magistrate or any Judicial Magistrate First Class. A First Class Magistrate must first be authorised by the respective High Court to that effect before he may try cases summarily under this Section.

The offences that may be tried summarily under this Section are:
  1. Offences not punishable with death, life imprisonment
    Life imprisonment
    Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...

    , or imprisonment for a term exceeding two years.
  2. Theft under Section 379, 380 and 381 of the Indian Penal Code provided that the value of the stolen property is below Rs. 200.
  3. Receiving or retaining stolen property under Section 411 of the penal code where the value of the stolen property is below Rs. 200.
  4. Assisting in the concealment or disposal of stolen property, under Section 414 of the penal code,the value of the stolen property being below Rs. 200.
  5. Lurking house-trespass (Section 454 of the Indian Penal Code) and house-breaking (Section 456 of the Penal Code) at night.
  6. Insult with an intent to provoke a breach of peace under Section 504 and criminal intimidation under Section 506 of the penal code.
  7. Abetting of any of the above mentioned offences.
  8. Attempt to commit any of the above mentioned offences.
  9. Offences with respect to which complaints may be made under Section 20 of Cattle Trespass Act, 1871.


Apart from the above, a Second Class Magistrate may, if so empowered by the High Court, summarily try an offence punishable with fine or with imprisonment not exceeding six months or the abettment or attempt to commit such an offence.

A summary trial tried by a magistrate without being empowered to do so is void. The procedure for a summoncase is to be followed, subject to special provisions made in this behalf. The maximum sentence that may be awarded by way of a summary trial is three months with or without fine.

The Magistrate may give up the summary trial in favour of the regular trial if he finds it undesirable to try the case summarily. The judgment is to be delivered in abridged form.

Judgment

Judgment is the final reasoned decision of the Court as to the guilt or innocence of the accused. Where the accused is found guilty, the judgment must also contain an order requiring the accused to undergo punishment or treatment.

Every court must deliver the judgment in the language of that court as determined by the State Government. It must contain the points that lead to the determination of guilt or innocence. It usually commences with facts and must indicate careful analysis of evidence. It must also specify the offence under the penal code or such other specific law as well as the punishment sentenced. If acquitted the offence of which the accused is so acquitted must be specified along witha direction that the accused be set at liberty.

Judgments in abridged form

According to Section 355 of the Code, a Metropolitan Magistrate may deliverjudgments in abridged form and should contain:
  1. Serial number of the case
  2. Date of commission of the offence
  3. Name of the complainant (if any)
  4. Name of the accused person, his parentage and residence
  5. Offence complained of (or proved, as the case may be)
  6. Plea of the accused and his examination (if any)
  7. Final order
  8. Date of the order
  9. In cases where appeal lies from the final order, a brief statement of reasons for the decision.

Compensation and costs

The functions of a civil court may be performed by a criminal court by virtue of Section 357, 358 and 359. This has been done to provide just, speedy and less expensive redress to the victim. The court is empowered to levy a fine from the offender. Such fine may, wholly or in part, be used for the purpose of compensating the victim.

Post-conviction orders

Having regads to the age, character and antecedents of the offender, and the circumstances in which the offence was committed, if the Court convicting the accused considers it expedient to release the offender, it may do so either on probation of good conduct or after due admonishment. This provision is contained in Section 360 of the Code.

Thus the court may direct that the offender be released on his entering into a bond, with or without surities. The offender is further required to keep peace and be of good behaviour as well as appear thereafter before the court when called upon during such period as the court may decide. This period should not exceed three years. The following conditions have to be satisfied:
  • There is no previous conviction proved against the offender.
  • In case the person convicted is a woman of any age, or a man aged below twenty-one years, the offence committed is not punishable with life imprisonment or death penalty.
  • In case the person is a man above twenty-one years of age, the offence of which he is convicted is punishable with fine.


Alternatively, the offender may be released after due admonition, if the following conditions are satisfied:
  • There is no previous conviction proved against the offender.
  • The offence of which the accused is convicted is any of the following:
  1. Theft,
  2. Theft in a building,
  3. Dishonest misappropriation,
  4. Any offence punishable under the Indian Penal Code with no more than two years of imprisonment,
  5. Any offence punishable only by fine.


No Magistrate of Second Class may release an offender under in such manner without being empowered to do so. He may transfer the case to a Magistrate for consideration.

Section 361 narrows down the discretion of the Court to sentence an offender without taking into consideration the provisions of Section 360 and similar provisions contained in the Probation of Offenders Act or any other law for treatment, training and rehabilitation of youthful offenders. It requires that when such provisions are applicable, the Court must record in writing, the reason for not allowing the benefit of the same to the offender.

Section 30 provides the Court of a Magistrate with the power to award imprisonment for additional terms over the substantive period awarded.

Appeal

The Code and the Constitution of India
Constitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...

 together provide for multiple ranges of appellate remedy. A person convicted by the High Court exercising original criminal jurisdiction may appeal before the Supreme Court. Where the High Court has, on appeal reversed an order of acquittal and sentenced him to death and imprisonment for a term of ten years or more, the accused may appeal to the Supreme Court. The Constitution provides that an appeal shall lie to the Supreme Court against the direction of Supreme Court if the High Court certifies that the case involves substantial questions of law as to the interpretation of the Constitution.

Judgments and orders arising from petty cases are not appealable unless the sentences are combined with other sentences. No appeal lies when the accused pleads guilty and is convicted on such plea by the High Court. If the conviction from a plea of guilt is by a Sessions Court, Metropolitan Magistrate or a Magistrate of First or Second Class, only the legality of the sentence may be brought into question in an appeal.

See also

  • Crime
    Crime
    Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...

  • Criminal procedure
    Criminal procedure
    Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...

  • Criminal law
    Criminal law
    Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...

  • Substantive law
    Substantive law
    Substantive law is the statutory or written law that defines rights and duties, such as crimes and punishments , civil rights and responsibilities in civil law. It is codified in legislated statutes or can be enacted through the initiative process.Substantive law stands in contrast to procedural...

  • Indian Penal Code
    Indian Penal Code
    Indian Penal Code is the main criminal code of India. It is a comprehensive code, intended to cover all substantive aspects of criminal law. It was drafted in 1860 and came into force in colonial India during the British Raj in 1862...


External Links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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