The Code of Criminal Procedure, 1973 | Legal Reasoning for CLAT PDF Download

Overview of CrPC

The Code of Criminal Procedure, 1973 (CrPC) is a comprehensive statute that governs the procedural aspects of criminal law in India. It provides the framework for the investigation, trial, and appeals in criminal cases, ensuring a structured and fair process for the administration of criminal justice. The CrPC aims to balance the rights of the accused, the victim, and the state while maintaining public order and safety.

General Provisions (Sections 1–5)

The general provisions of the CrPC, encapsulated in Sections 1 to 5, lay the foundation for the application and interpretation of the code. These sections define the scope, terminology, and structure of criminal courts.

1. Short Title, Extent, and Commencement (Section 1)

• Title: The statute is officially titled the "Code of Criminal Procedure, 1973."
• Extent: It extends to the whole of India, except in areas where specific local laws or special procedures apply (e.g., certain tribal areas or Jammu & Kashmir before 2019).
• Commencement: The CrPC came into force on April 1, 1974, replacing the earlier Code of Criminal Procedure, 1898.

Note: The CrPC is a procedural law and does not define offenses or punishments, which are covered under substantive laws like the Indian Penal Code (IPC).

2. Definitions (Section 2)

Section 2 provides key definitions to ensure clarity in the interpretation of the CrPC. Some important definitions include:

• Bailable Offence: An offense where the accused is entitled to bail as a matter of right (listed in the First Schedule).
• Non-Bailable Offence: An offense where bail is not a right and is subject to the court's discretion.
• Cognizable Offence: An offense where a police officer can arrest without a warrant (e.g., murder, robbery).
• Non-Cognizable Offence: An offense where a police officer cannot arrest without a warrant (e.g., minor assaults).
• Complaint: An allegation made to a magistrate regarding an offense, with the intent to initiate criminal proceedings.
• Inquiry: A judicial process to ascertain facts, distinct from a trial.
• Investigation: The process conducted by the police or other authorized agencies to collect evidence.
• Judicial Proceeding: Any proceeding in a court where evidence is taken or legal matters are adjudicated.
• Summons Case: A case involving less serious offenses, with simpler procedures.
• Warrant Case: A case involving more serious offenses, requiring detailed procedures.

Note: These definitions are critical for understanding the procedural distinctions in the CrPC, such as the difference between cognizable and non-cognizable offenses.

• This section clarifies how references in the CrPC should be interpreted, especially when terms like "magistrate" or "court" are used.
• It ensures consistency in the application of the code across different provisions.

• All offenses under the Indian Penal Code (IPC) must be investigated, inquired into, tried, and otherwise dealt with according to the CrPC.
• For offenses under other laws (e.g., special statutes like the NDPS Act), the CrPC applies unless the specific law provides a different procedure.

Note: This section establishes the CrPC as the default procedural law for criminal matters unless overridden by special legislation.

• The CrPC does not affect any special or local law in force or any special jurisdiction or procedure prescribed by other laws.
• For example, procedures under the Armed Forces (Special Powers) Act or other special statutes take precedence over the CrPC where applicable.

Note: The saving clause ensures that the CrPC operates as a general framework while respecting specialized legal regimes.

Hierarchy of Criminal Courts

• Supreme Court: The apex court with appellate and supervisory jurisdiction over all criminal matters.
• High Courts: Each state has a High Court with original, appellate, and revisional jurisdiction over criminal cases.
• Sessions Courts: Established under Section 9, these courts handle serious criminal cases (e.g., murder, rape) and appeals from lower courts.
• Magistrate Courts:
  • Chief Judicial Magistrate (CJM)/Chief Metropolitan Magistrate (CMM): Senior magistrates with enhanced powers, handling more serious cases.
  • Judicial Magistrates (First Class and Second Class): Handle less serious cases, with First Class Magistrates having greater sentencing powers.
  • Executive Magistrates: Appointed under Section 20, they handle preventive and administrative functions (e.g., maintaining public order).
• Special Courts: Established under specific laws (e.g., POCSO courts, NDPS courts) to handle specialized cases.

Note: The hierarchy ensures that cases are assigned to courts based on their severity and complexity, with clear avenues for appeals and revisions.

Key Features of the CrPC

• Procedural Framework: The CrPC provides a step-by-step process for criminal justice, from FIR registration to final judgment.
• Rights of the Accused: It ensures fair trial rights, such as the right to bail, legal representation, and protection against self-incrimination.
• Victim’s Rights: Provisions for victim compensation and participation in trials have been strengthened in amendments.
• Police Powers: The CrPC defines the powers and duties of the police in investigation and arrest.
• Judicial Oversight: Magistrates and courts supervise police actions to prevent abuse of power.

Pre-Trial Procedures

1. First Information Report (FIR) - Section 154

Section 154 deals with the registration of the First Information Report (FIR) for cognizable offences.

Definition: FIR is the first information received by the police regarding the commission of a cognizable offence, recorded under Sec 154.

• Information must be given to the officer-in-charge of a police station.
• It can be oral or written; if oral, it must be reduced to writing and signed by the informant.
• The substance of the information is entered in a book (General Diary) as prescribed by the State Government.
• A copy of the FIR must be given free of cost to the informant.

• If the police refuse to register an FIR for a cognizable offence, the informant can approach the Superintendent of Police (SP) or file a complaint with a Magistrate under Sec 156(3).
• Case law: Lalita Kumari v. Govt. of UP (2014) - FIR registration is mandatory for cognizable offences unless preliminary inquiry justifies non-registration (e.g., matrimonial disputes).
• Zero FIR: Can be filed at any police station, regardless of jurisdiction, and later transferred to the appropriate station.
• Evidentiary Value: FIR is not substantive evidence but can be used to corroborate or contradict the informant’s testimony.

Note: Non-cognizable offences are recorded under Sec 155, and police cannot investigate without a Magistrate’s order.

2. Arrest & Rights of Arrested Person - Sections 41–60A

Sections 41 to 60A govern the arrest process and the rights of arrested persons to ensure lawful and humane treatment.

Arrest Provisions

• Police can arrest without a warrant for cognizable offences or when a person is reasonably suspected of committing an offence punishable with imprisonment up to 7 years.
• Conditions include credible information or reasonable suspicion (e.g., caught committing an offence, possessing stolen property).

• For offences punishable with imprisonment up to 7 years, police may issue a notice to appear instead of arrest, unless arrest is necessary.
• Non-compliance with the notice may lead to arrest.

• Arrest involves touching or confining the body unless the person submits voluntarily.
• Police may use reasonable force if there is resistance.

• The arrested person must be informed of the full particulars of the offence or grounds of arrest.

Rights of Arrested Person

• Sec 50A: Right to Inform Family/Friend: Police must inform a relative or friend of the arrest and place of detention.
• Sec 55A: Health and Safety: It is the duty of the person having custody to ensure the health and safety of the arrested person.
• Sec 56: Production before Magistrate: The arrested person must be produced before a Magistrate within 24 hours (excluding travel time).
• Sec 57: No Detention Beyond 24 Hours: Detention beyond 24 hours without Magistrate’s authorization is illegal.

• Right to be informed of grounds of arrest.
• Right to consult a lawyer and be defended.
• Right to be produced before a Magistrate within 24 hours.

Case Law: DK Basu v. State of West Bengal (1997) - Guidelines on arrest, including the right to medical examination, preparation of an arrest memo, and informing family.

Note: Sec 60A mandates that arrests must comply with CrPC provisions to prevent arbitrary actions.

3. Investigation - Sections 156–173

Sections 156 to 173 outline the procedure for investigation by police, particularly for cognizable offences.

• Any officer-in-charge of a police station can investigate a cognizable offence without a Magistrate’s order.
• Magistrates can order investigation under Sec 156(3).

• Police must proceed to the spot, ascertain facts, and arrest suspects if necessary.
• If no sufficient ground exists, the police may close the investigation but must inform the Magistrate.

• Police can examine witnesses orally, and statements are recorded (not necessarily signed).
• Statements under Sec 161 are not admissible as evidence but can be used to contradict witnesses.

• Statements made to police during investigation are not admissible except in specific cases (e.g., dying declarations).

• Confessions or statements can be recorded by a Magistrate after ensuring they are voluntary.
• Confessions under Sec 164 are admissible if made voluntarily.

• Police must maintain a case diary detailing daily investigation progress.
• The diary is not evidence but can be used by courts to aid inquiry/trial.

• On completion, police submit a report (chargesheet or closure report) to the Magistrate.
• Chargesheet includes FIR, statements, and evidence; closure report is filed if no evidence is found.

Note: Investigation must be conducted promptly, and unnecessary delays may violate the accused’s rights.

4. Bail Provisions - Sections 436–439

Sections 436 to 439 deal with the grant of bail, distinguishing between bailable and non-bailable offences.

• Bail is a matter of right in bailable offences.
• Police or court must release the accused on bail upon furnishing surety.

• Bail is discretionary for non-bailable offences.
• Courts consider factors like the nature of the offence, evidence, and risk of absconding.
• Bail is generally not granted for offences punishable with death or life imprisonment unless the accused is a minor, woman, or sick.

• A person apprehending arrest for a non-bailable offence can apply for anticipatory bail.
• High Court or Sessions Court may grant it with conditions (e.g., cooperate with investigation).
• Case law: Gurbaksh Singh Sibbia v. State of Punjab (1980) - Anticipatory bail can be granted even before FIR in certain cases.

• High Court or Sessions Court can grant bail in any case, cancel bail, or impose conditions.
• They have wider discretion compared to Magistrates.

Note: Bail decisions balance the accused’s rights with the interests of justice and society.

5. Charge Framing - Sections 211–224

Sections 211 to 224 govern the framing of charges during trial to inform the accused of the allegations.

• The charge must state the offence, its legal provision, and specifics (e.g., time, place, and manner).
• It should be clear and precise to enable the accused to defend themselves.

• The charge must include details like the time, place, and person against whom the offence was committed.

• If the offence’s particulars are not sufficiently clear, the manner of commission must be specified.

• Words in the charge are construed in their legal sense or as per common usage.

• Courts can alter or add to the charge before judgment if it does not prejudice the accused.

• If it is doubtful which offence has been committed, the accused may be charged with all possible offences or one with an alternative charge.

• Multiple accused can be tried together if offences are part of the same transaction.

Note: Proper charge framing ensures a fair trial by clarifying the accusations against the accused.

Jurisdiction and Cognizance under CrPC (Sections 177–199) and Complaints to Magistrates (Section 200)