The Code of Criminal Procedure, 1973

The Code of Criminal Procedure creates the necessary machinery forapprehending the
criminals, investigating
the criminal cases, their trials before the criminal courts and imposition of
proper punishment on the guilty person
It is an adjective law but also contains provisions of substantive nature (e.g.
Chapters VIII, IX, X and XI). It�s object is
to provide a machinery for determining the guilt of and imposing punishment on
offenders under the substantive
criminal law, for example, the Indian Penal Code (I.P.C.). The two Codes are to be
read together.
Mens rea - A guilty mind
- A subjective matter
- An essential ingredient in every criminal case
A bailable offence Shown in First Shedule
Non-bailable offence Any other offence
Cognizable offence - Serious offences
- Arrest without warrant
Arrest without warrant(Section
- 41)
- Committed cognizable offence & credible information available
- implement of housebreaking found in possession
- proclaimed offender
- in possession of stolen property
- obstructs any police officer from doing his duty
- deserter from any of the Armed Forces of the Union
- any act committed o/s India, had it been committed in Indian would have
been an offence
- Released convicts violates rules of release
- For whose arrest requisition received from any other police officer
Arrest by a private person - may arrest or cause to be arrested any person who in
his presence commits
a non-bailable and cognizable offence or who is a proclaimed offender
Production of arrested
person without warrant
a) can be kept into custody for a period not exceeding 24 hours, and
b) before the expiry of that period he is to be produced before the nearest
Magistrate,
c) who can under Section 167 order his detention for a term not exceeding
15 days, or he can be taken to a Magistrate, under whose jurisdiction he