CODE OF CRIMINAL PROCEDURE ACT, 1973
Introduction to CRPC:
It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty.
Chapter II: Constitution of criminal courts and offices: sections 6 to 25A
Chapter III: Powers of Courts: section 26 to 35
Chapter IV:
A: Powers of superior officers of police: section 36
B: Aid to the Magistrates and the police: sections 37 to 40
Chapter V: Arrest of person (sections 41 to 60A), (some important provisions)
• How arrest made
• Procedure of arrest and duties of officer making arrest
• Arrest by private person
• Arrest by magistrate
• Right of a person to meet advocate of his choice, person arrested to be informed of grounds of arrest, obligation of person making arrest to inform about the arrest, etc. to a nominated person
• examination of an accused by medical practitioner at the request of police
• examination of person accused of rape by medical practitioner
• Health and safety of a arrested person
• person arrested not to be detained more than twenty-four hours
• arrest to be made strictly according to the code
Chapter VI: Processes to compel appearance: sections 61 to 90
A. Summons: sections 61 to 69
B. Warrant of arrest: sections 70 to 81
C. Proclamation and attachment: sections 82 to 86
B. other rules regarding processes: sections 87to 90
Chapter VII: Processes to compel the production of things
• Summons to produce: section 91 and 92
• Search-warrants: sections 93 to 98
• General provisions relating to search: sections 99 to 101
• Miscellaneous: sections 102 to 105
Chapter VIIA: Reciprocal arrangements for assistance in certain matters and procedure for attachment and forfeiture of property: sections 105A to 105L (amended by the criminal amendment act, 1988)
Chapter IX: Order for maintenance of wives, children and parents: sections 125 to 128
Glance of Section 125:
• Section 125 of the Code had been introduced for achieving a social purpose.
• Who all are entitled to claim maintenance under this section
• This law, though secular (available to wife of all the religion), is gender specific in one aspect. Maintenance under this law can only be claimed by the wife, and not by the husband.
• Proceedings under section 125 are civil in nature.
Chapter X: Maintenance of public order and tranquility: sections 129 to 148
• Unlawful assemblies: sections 129 to 132
• Public nuisance: sections 133 to 143
• Urgent cases of nuisance or apprehend danger: sections 144 to 148
• Disputes as to immovable property: sections 145 to 148
Chapter XI: preventive action of the police: sections 149 to 153
Chapter XII: information to the police and their powers to investigate: sections 154 to 176
- Some important provisions
• Section 154: FIR (Information in cognizable cases)
- Who can lodge FIR
- Is FIR a public document
- Police bound to register FIR
- Evidentiary value of FIR
- FIR as a dying declaration
• Section 155: information as to non-cognizable cases and investigation of such cases
• Section 156: police officer’s power to investigate cognizable case
• Section 157: power to investigation
• Section 164: recording of confession and statements
• Section 164A: medical examination of the victim of rape
- Concept of Default bail
Chapter XIII: Jurisdiction of the Criminal Courts in inquiries and trials: sections 177 to 189
Chapter XIV: Conditions requisite for initiation of proceedings: sections 190 to 199
Chapter XV: Complaints to Magistrate
• Section 200: examination of complaint
• Section 201: procedure by Magistrate not competent to take cognizance of the case
• Section 202: postponement of issue of process
• Section 203: dismissal of complaint
Chapter XVI: Commencement of proceedings before Magistrate
Chapter XVII: form of charges and joinder of charges and effect of defective charge (sections 211 to 224)
• Charge and its contents
• Joinder of charges
• Mis-joinder of charges
• Alteration of charges
Trials
Sessions trial: sections 225-237
Warrant trials: sections 238 to 250
• Cases instituted on a police report: sections 238 to 243
• Cases instituted otherwise than on police report: 244 to 247
• Conclusion of trial: section 248, 249 and 250
Summon trials: sections 251 to 259
Summary trials: sections 260 to 265
Plea bargaining: sections 265A-265L
• To facilitate speedy resolution of criminal cases and to ease the burden of courts
• Guidelines for mutually satisfactory disposition under the Code of Criminal Procedure
• In what cases the plea bargaining is not applicable
General provisions as to inquiries and trials: sections 300 to 327
• Doctrine of antre fois acquit and antre fois
• Double jeopardy
• Free legal aid
Appeals: sections 372 to 394
Reference: sections 395 and 396
Revision: sections 397 to 405
Bail and bail bonds: sections 436 to 450
• Bail as a matter of right
• Discretionary bail
• Anticipatory bail with landmark judgment (Gurbaksh Singh Sibia)
• Grounds for cancellation of bail
• Concept of interim bail
• Concept of transit bail
• Concept of bail bonds
Limitation for taking cognizance: sections 467 to 484
Trial before High Court and inherent powers of High Court: sections 474 to 483