Code of Criminal Procedure (India)

In medieval India, subsequent to the law set 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, the crown took over the administration in India. The Criminal Procedure Code, 1861 was passed by the British parliament. The CrPC was created for the first time ever in 1882 and then amended in 1898, then according to the 41st Law Commission report in 1973.

The Criminal Procedure Code is applicable in the whole of India. The Parliament's power to legislate in respect of Jammu & Kashmir was curtailed by Article 370 of the Constitution of India. But now the Parliament has revoked Article 370 from Jammu and Kashmir. Thus CrPC is applicable to whole India

Provided that the provisions of this Code, other than those relating to Chapters VIII, X and XI thereof, shall not apply-

(a) to the State of Nagaland, (b) to the tribal areas,

However the concerned State Government may, by notification apply any or all of these provisions in these areas. Moreover, the Supreme Court of India has also ruled that even in these areas, the authorities are to be governed by the substance of these rules [4]

1. Supreme Court of India
2. High Courts
3. District and Session Judge and Additional District Judges
4. Judicial Magistrates
5. Executive Magistrates
6. Police
7. Public prosecutors
8. Defence Counsels
9. Correctional services personnel

• The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.
• The Courts of Judicial Magistrate of First Class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding ten thousand rupees (sub by act 25 of 2005 for rupees five thousand), or of both.
• The Courts of Judicial Magistrate of Second Class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding five thousand rupees(sub by act 25 of 2005 for rupees one thousand), or of both.
• The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and the court of a Metropolitan Magistrate, shall have the powers of the Courts of Judicial Magistrate of First Class

There is no definition of the term "bail" under the code though the terms "bailable" and "non-bailable" have been defined.[5] 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[6]

The First Schedule[7] to the Code, classifies the offences defined in the Indian Penal Code. Besides specifying whether an offence is Bailable or Non-Bailable it also specifies if it is Cognizable or Non-Cognizable, which Court has the jurisdiction to try the said offence, the minimum and maximum amount of punishment that can or shall be awarded for the said offence.

The Supreme Court of India can and has from time to time made certain bailable offences, non-bailable or vice-a-versa by special directions, to curb increasing menace of certain crimes in the society.[8] The State Government has the power to make certain offences bailable or non-bailable in their respective States.[9]

Section 260 Clause 1 of the Code lists certain offences which may be summarily trialed 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, 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 ₹2,000.
3. Receiving or retaining stolen property under Section 411 of the penal code where the value of the stolen property is below ₹2,000.
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 ₹2,000.
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 abetment or attempt to commit such an offence. As per section 262(2) no sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this chapter 21.

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 judgement is to be delivered in abridged form.

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 judgement 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 with a direction that the accused be set at liberty.

The Code and the Constitution of India together provide for multiple ranges of appellate remedy. A person convicted by the High Court exercising original criminal jurisdiction may appeal before Supreme Court.[10] 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.[11] 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.[12]

Judgements and orders arising from petty cases are not appealable unless the sentences are combined with other sentences.[13] There can not be an appeal 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.[14]

The Code has been amended several times.[15]

• Crime
• Criminal procedure
• Criminal law
• Substantive law
• Indian Penal Code
• Civil Procedure Code, 1908

• Criminal Procedure Code 1973 [CrPC] With State Amendments [Hindi & English]
• "CODE OF CRIMINAL PROCEDURE, 1973". delhidistrictcourts.nic.in. Archived from the original on 25 November 2013. Retrieved 9 March 2015.
• The Code of Criminal Procedure, 1973
• The Code of Criminal Procedure, 1973 CrPC (India)
• Cr.P.C (Mobile Friendly)