Criminal Law : Code of Criminal Procedure


Criminal Law : Code of Criminal Procedure, 1973 :

Firstly, Criminal law is a branch of public law. Indeed, Civil law are issues related to the disputes between two parties. So Criminal law is dispute to the public concern. Rajendra Law office is a Reputed Advocates firm in India. In fact, Attorneys of our legal service team for Criminal Cases are Famous in Madras High Court.

Thus Criminal law is of-Course codified into two parts :

  1. Substantive Criminal law

  2. Adjective Criminal law 

Substantive Criminal law defines offenses and provide punishments. Where as Adjective criminal law is procedure to enforce the substantive criminal law. Basically, the criminal procedure code is an Adjective law of procedure. But some provisions of the code are in the nature of substantive law. Generally Code of criminal procedure is otherwise known shortly as CrPC.

The object CrPC can be summarized as follows :

  • Control and regulate set up for investigation and trial of offences
  • Provide machinery for implementing the substantive criminal law
  • Protect the society from criminals and law breakers.
  • Make the procedure simple and ensure justice
  • Maintain uniformity in enforcement
  • To ensure a fair trial for the accused

Extent of the Criminal procedure Code :

The Code in-particular extends to the whole of India except the state of Jammu and Kashmir. Thereby It is in Curtail by Article 370 of the Constitution of India. The provisions of this code, other than those relating to chapter VII, X, and XI will not apply in few places. Especially it is not applicable in the state of Nagaland and to the Tribal areas in Assam.

Supreme Court, Code of Criminal procedure, Criminal law

Scope of the Criminal Procedure Code : Supreme Court

Next the code provides the machinery for the investigation of crime. Besides that to apprehension of suspected criminals and collection of evidence. Furthermore, determination of guilt or innocence of the accused person as well. And the determination of the punishment of guilty. Additionally, it also deals with public nuisance as well as prevention of offenses. Moreover they are into maintenance of wife, child and parents too.

In section 4 and 5 all the offenses under the Indian penal code, 1860 is always investigated. Here they are tried and otherwise dealt with according to the provision hereinafter contained. All the offenses any other law investigated, tried and dealt with the same provisions. But subject to any enactment in force regulating the manner or place of investigating. Also inquiring into, trying or otherwise dealing with such offenses. As a rule, The code has come into effect from 1st april 1974. For the most part, It received the assent of the president on 25th January 1974.

The Code of Criminal procedure Act contains the following : Supreme Court
  • 484 Sections
  • 38 Chapters
  • 2 Schedules
  • 56 Forms

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Code of Criminal procedure Amendment Act 2008 : Supreme Court

Furthermore, Code of criminal procedure 1973  amended in India to reform criminal justice system. Moreover the name of the new code is the code of criminal procedure ( Amendment) Act, 2008. Meanwhile It came into effect from December 31 2009. Especially It incorporates the recommendations of the law commission. The justice Malimath committee’s report and the guidelines issued by the supreme court. Lawyers stoutly oppose the amendments relating to arrest. Other too such as notice of appearance before a police station and adjournments. Finally, Let us examine some of the amendments.

  • Definition of Victim -Sec 2.
  • Victim can engage an advocate to support the prosecution Sec 24.
  • Courts by which offences are Triable ? – Sec 26.
  • Notice of appearance before police officer. – Sec 41A.
  • Arrest and duties of officer making arrest Procedure- Sec 41B.
  • Control room at districts – Sec 41C.
  • How Arrest made ? – Sec 46
  • Examination of arrested person by Medical officer. – Sec 54.
  • Health and safety of arrested person – Sec 55A.
  • Arrest to be made strictly according to the code – Sec 60A.
  • Statement of the Women victim to be obtained in a safe place or a place of her choice and by a women police officer -Sec 157
  • Use of Audion – Video for statements-Sec 161.
  • Use of audio – video for confession / statement – Sec 164.
  • -Sec 167 – Procedure when investigation cannot be completed in 24 hours.
  • Dairy of proceedings in prosecution-Sec 172.
  • Investigations of child sex abuse to be done in time bound -Sec 173
  • In case of threatening, etc., Procedure for witnesses -Sec 195A.
  • Evidence for prosecution-Sec 242.
  • Witness can be done by using electronic Technology – Sec 275
  • Power to postpone or adjourn the proceedings – Sec 309
  • Power to examine the accused-Sec 313
  • In Camera trials and identity protection – Sec 327
  • The Procedure in case of accused being Lunatic-Sec 328.
  • Trial of person of unsound mind Procedure in case – Sec 329.
  • Release of person of unsound mind pending investigation-Sec 330
  • Victim Compensation-Sec 357A
  • Right to appeal for the victim against the verdict of trial court-Sec 372
  • Bail to require accused to appear before next appellate court-Sec 437A.

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