Amendments To The CRPC

THAKUR RAMNARAYAN COLLEGE OF LAW
AMENDMENTS TO THE CODE

OF CRIMINAL PROCEDURE
CODE OF CRIMINAL PROCEDURE, 1973
SUBMITTED TO: PROF. SHIVANI GUPTA
SUBMITTED BY: SAURA JITENDRA PATIL
CLASS: 5TH YEAR B.L.S.LL.B.
ROLL NO. A/26
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TABLE OF CONTENTS
Sr. no. Title Page no.

1. Abstract 3
2. History of the Code of Criminal Procedure, Pre-Independence 4
3. History of the Code of Criminal Procedure, Post-Independence 5
4. Major Amendments to the Code of Criminal Procedure, 1973 6
5. Bharatiya Nagarik Suraksha Sanhita Bill, 2023 12
6. Conclusion 13
7. References 13
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ABSTRACT
The Code of Criminal Procedure has been amended time and again to suit the time and
changes in the society. This paper deals with the major amendments India has seen in its
Code of Criminal Procedure while delving into the newly introduced bill in the parliament i.e.
the Bharatiya Nagarik Suraksha Sanhita Bill. To make things simpler, each major
amendment has been dealt with date wise, old to new and in precise points. The criminal
procedure code is nothing but a consolidation of the law relating to criminal procedure. The
Code of Criminal Procedure we know today was enacted on 25 th January 1974 and it came
into force on 1st April 1974. So was there no way deal with the criminals before Code of
Criminal Procedure 1973? The concise form of this paper attempts to bring the study of
changes made to the Code of Criminal Procedure since the 19 th century, under one roof,
thereby making it easier to understand the development of Criminal Procedure Code to the
21st century.
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HISTORY OF THE CODE OF CRIMINAL PROCEDURE, PRE-INDEPENDENCE.
The code of criminal procedure determines the way in which the police, prosecutors,
magistrates or judges are bound to act during the investigation and trial of a criminal case.
The purpose of a consolidated code of criminal procedure is to aid and assist administration
of criminal justice.
The code can be traced back to the 19 th century in India. What encouraged the formulation of
such a code is the uprising of 1857. It wasn’t exactly in a consolidated form. It was a series of
criminal law reforms undertaken by the British in the wake of 1857 rebellion.1
Thus, in 1861 the first CrPC known to Indians was intended to oppress the rebellious natives.
This was evident since this code offered immunity to the British from trial before district
courts and the British could only be tried by the High Courts.
The next version of CrPC was enacted in 1872 made it possible for a magistrate to try a
British subject if he himself was one.
What was a significant development in the history of codification of criminal law, was the
CrPC enacted in the 1882. It empowered the Indian Magistrates to exercise jurisdiction over
the British even if it was limited to presidency towns.
In 1898, the code contained reformative provisions to make the law relating to criminal
procedure uniform. This code of 1898 was carried on in India after independence as well until
the Code of Criminal Procedure 1973 was enacted. The main amendments to the code of
1898 were brought about in the years 1923 and 1955.
1923 amendment amended Sections 364, 388, 562, Schedule 5 Form XXXVIIA and repealed
sections 98 and 104. It provided a substitute for the provision contained in section 388 which
dealt with suspension of execution of sentence of imprisonment and added a sub-section to
Section 562 related to conviction and release with admonition.2
The Amendment of 1955 was extensive. 3 It intended to simplify procedures and speed up
trials. Apart from these amendments, the provisions of 1898 code remained majorly
unchanged till Central Law Commission was set up in 1955.
HISTORY OF THE CODE OF CRIMINAL PROCEDURE, POST-INDEPENDENCE.

1
CrPC was enacted after the 1857 mutiny, Times of India, May 5, 2008
2
Criminal Procedure Code 1898 Amendment Act no. XXXVII of 1923
3
The Code of Criminal Procedure (Amendment) Act, 1955
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As discussed earlier, the Central Law Commission was set up in 1955. The first Law
Commission presented its 14th report on the reform of judicial administration in 1958. It was
not concerned with detailed scrutiny of the provisions of the Code of Criminal Procedure but
it made some recommendations in regard to the law of criminal procedure, some which
required amendment to the Code.
A systematic examination of the Code was subsequently undertaken by the Law Commission
for giving concrete form to the recommendations made in the 14 th report and with the object
of attempting a general revision. The main task of the Commission was to suggest measures
to remove anomalies and ambiguities brought to light by conflicting decisions of the High
Courts or to consider local variations with a view to securing and maintaining uniformity to
consolidate laws wherever possible and to suggest improvements where necessary.
Suggestions for improvements received from various sources were considered by the
Commission.
A comprehensive report for the revision of the Code, namely, the 41 st report was presented by
the Law Commission in September 1969. This report took into consideration the
recommendations made in the earlier reports of the Commission dealing with specific
matters, namely, the 14th, 25th, 32nd, 33rd, 36th, 37th, 40th reports.4
The recommendations of the Commission were examined carefully by the Government,

keeping in view basic considerations like fair trial to an accused person based on the
principles of natural justice, avoidance of delay in investigation and trial, uncomplicated
procedure, fairness to poorer sections of the community, etc. One of the main
recommendations of the Commission was to provide separation of the judiciary from the
executive on an all India basis in order to achieve uniformity in this matter.
Objective of the Code:
1. To provide opportunity to an accused person to get a fair trial according to rules of

natural justice.
2. To ensure a fair trial which does compromise or unjustifiably favor the accused.
3. To prevent delay in investigation and trial.5
4
The Code of Criminal Procedure, 1973
5
ibid
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4. To ensure the presence of any person concerned with the case through warrant,
summons, etc.6
5. To aid and assist in administration of criminal justice and working of various
functionaries.7
MAJOR AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973
Criminal Procedure Code is of substantial importance. Ensuring time to time amendments

and keeping the law up to date is equally important. There have been around 20 amendments
and amending acts that have been passed since the enactment of the Code. The list of
Amending Acts is as follows:
1. Repealing and Amending Act, 1974 (56 of 1974)

2. Code of Criminal Procedure (Amendment) Act, 1978
4. Criminal Law (Amendment) Act, 1983
5. Criminal Law (Second Amendment) Act, 1983
14. Code of Criminal Procedure (Amendment) Amending Act, 2006
18. Lokpal and Lokayuktas Act, 2013
20. Jammu and Kashmir Reorganization Act, 2019
 Repealing and Amending Act, 1974

6
The Code of Criminal Procedure 1973
7
Objectives and Salient Features of CrPC by Hemant More, The Legal Quotient, July 7 2023
6|Page
This Act aimed to repeal certain enactments and to amend other enactments. The Code of
Criminal Procedure, 1973 was amended by this Act. And The Criminal Law Amendment
(Amending) Act, 1966, sections 2 and 3 were repealed.8
 Code of Criminal Procedure (Amendment) Act, 1978

The purpose of this amendment was to make a few changes for removing certain difficulties
and doubts. It was a considerably extensive amendment.
It amended Sections 2, 11, 13, 14, 18, 20, 24, 25, 102, 107, 123, 167, 182, 196, 198, 206, 209,
276, 293, 297, 299, 309, 320, 326, 374, 377, 378, 428, 433A, 468, 478, and Schedule II,
Forms 34, 41, 42, added forms 44A, 47, 48, 49, 50, 51, 52, 53, 53, 55, 56.9
Notable among these is the amendment of Section 468 which inserted a period of limitation
for related offences which may be tried together. The period of limitation was to be
determined w.r.t. offence that is punishable with more or most severe punishment, as the case
may be.

This amendment sought to enable the law enforcement agencies to deal effectively with anti-
social elements, habitual offenders and those creating enmity between different groups and
communities.
It sought to amend the provisions regarding bail so as to make it more difficult for habitual
criminals committing serious offences to obtain bail. It provided for civil imprisonment of
surety for failure of the accused to appear in the court to curb the practice of giving bail by
professional sureties.
It also sought to confer on the District Magistrates the power to accord sanction for
prosecution u/s 153B, 505(2) and 505(3) of IPC. It made provisions to vest the power to take
security proceedings u/s 108, 109 and 110 of the Code in Executive Magistrates and provide
for the transfer of the power to take security proceedings under the aforementioned sections
108, 109, and 110 of the Code to Judicial Magistrates.10
 Criminal Law (Amendment) Act, 1983
8
Repealing and Amending Act, 1974
9
Code of Criminal Procedure (Amendment) Act, 1978
10
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Because of the Mathura Custodial Rape case11, sections to prevent such abuse were brought
in. It amended Section 327 and the first schedule. It inserted that inquiry and trial of rape or
an offence u/s 376, 376A, 376B, 376C or 376D of IPC shall be conducted in camera and a
person could be allowed to be in the room or building only on an application made to the
presiding judge if thinks it fit. Printing or publishing matter related to such proceedings
without the permission of court was made unlawful.12
 Criminal Law (Second Amendment) Act, 1983

Amendments to Sections 174 and 176 of the Code of Criminal Procedure were made. This
Amendment prescribed punishment to the husband or any relative of the husband if the
woman was subjected any cruelty. It also inserted a new section 198A for prosecution of
offences u/s 498A of the IPC amended the first schedule.13

Agreements with foreign countries in regard to mutual assistance in criminal matters could be
entered into on basis of reciprocity. It was felt that the CrPC 1973 should contain appropriate
provisions for taking evidence of witnesses or production of documents using compulsory
measures.
Section 285(3) and 290(2)(b) of the Code incorporate the principle of reciprocity in regard to
taking of evidence of witnesses on commission in India and in a foreign country.
However, Section 105 of the Code relating to reciprocal arrangements did not enable a court
in India to issue summons or warrant to be served or executed outside India or vice versa. It
was therefore found necessary to amend Section 105.14

This amendment inserted a new section 166 A to enable the investigating authorities and
criminal courts to issue letter of request to their counterparts in foreign countries to collect
evidence and transmit the same to the authority or court issuing such letter. Another new
Section 166 B was also inserted to facilitate letters of request to be sent by foreign
investigating agencies or courts to their counterparts in India for similar purposes.15
11
Tukaram & Anr. Vs. State of Maharashtra, AIR 1979 SC 185
12
Criminal Law (Amendment) Act, 1983
13
Criminal Law (Second Amendment) Act, 1983
14
15
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An ordinance was promulgated to amend Section 197 of the Code which deals with the
cognizance of an offence committed by a public servant including judge or magistrate. 16

New Chapter VVIA was introduced with provisions 150 A to 150 L related to bringing back
proceedings of crime from outside India.17

Inserted Section 364A to IPC which deals with kidnapping for ransom, etc. and amended
Section 39 of the Code of Criminal Procedure to include the same.18

Section 125 of CrPC which deals with maintenance was amended to include interim
maintenance along with expenses of the proceedings. It also amended Section 127 and 128 of
the Code and disposal of interim maintenance application was made decided to be made
within 60 days.19

This amendment focuses many on custodial torture/death and rape victims and person
accused in rape.20 This amendment was one of the longest amendments made till now. The
most important points of this amendment are as follows:21
- No woman shall be arrested after sunset and before sunrise.
- Section 51 of the Code of Criminal Procedure (Amendment) Act, 2005 says that the
any person in the custody of the police has the right to inform any one person relating
to him regarding his arrest, so that he can arrange for adequate assistance during his
trial and investigation
16
17
18
19
20
Changes made in Code of Criminal Procedure through 2005 & 2008 Amendment Act: A study, Leepakshi
Rajpal, Impact Journal
21
Code of Criminal Procedure (Amendment Act), 2005
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- Section 53 A introduced examination of a person accused of rape by medical
practitioner. Examination included DNA profiling. Section 54 (2) requires the medical
practitioner to furnish the report of such examination to the accused.
 Insertion/Amendment of the following sections:
- Section 50 A: Every police officer or other person making an arrest under this code
shall forthwith give the information regarding such arrest and place where the
arrested person is held to any of his friends, relatives or such persons as may be
disclosed or nominated by the arrested person for the purpose of giving such
information.
- Sec 144A: Power to prohibit carrying arms in possession or mass drill or mass
training with arms.
- Sec 164A: Medical examination of the victim of rape by a registered medical
practitioner employed in a hospital run by government or local authority.
- Sec 291A: Identification report of Magistrate w.r.t. to a person or property may be
used as evidence in an inquiry, trial or other proceeding but the magistrate is not
called as a witness.
- Sec 311A: Power of Magistrate to order a person to give specimen signatures or
handwriting
- Sec 436A: Maximum period for which as under trial prisoner can be detained
- Sec 441A: Declaration by sureties
- Increase of fines across many sections

Inserted a new Section 195A which deals with threatening or inducing any person to give
false evidence. Amendment of Section 292 and 340. It also inserted a new chapter XXIA
which deals with plea bargaining, sections 265 A to L.22
 Code of Criminal Procedure (Amendment) Amending Act, 2006

This amendment gave different dates for effectiveness for different provisions of CrPC
(Amendment) Act, 2005.23
22
23
Code of Criminal Procedure (Amendment) Amending Act, 2006
10 | P a g e
This amendment focuses on the rights of the prisoners and compensatory jurisprudence. It
introduced Sections 41 A to 41 D relating to notice of appearance before the police officer. It
also introduced recording of statements/confessions in audio-video electronic manner via
proviso under sections 161, 164 and 275 CrPC. Very importantly, Sec 357A CrPC introduced
Victim Compensation Scheme. Sec 195A CrPC inserted the procedure for witnesses in case
of threatening etc. A witness of any other person may file a complaint in relation to an
offence under section 195A of Indian Penal Code.24

This amendment was hardly a page long and amended Section 41 and 41 A related to arrest
of a person or reasons for not making the arrest to be deduced in writing.25

In the aftermath of the Nirbhaya case26 which shook the whole of India to its core, this
amendment focused mainly on the crimes against women particularly talking about the rape.
This amendment amended sections 54 A, 154, 160, 161, 164, 198 B, 273, 309, 327 for
providing women friendly procedures, greater sensitivity to the requirement of physically and
mentally disabled persons, underage children, old persons in the course of investigation and
trial. It aims at speedy trials of rape cases and better recording of evidence.27
The key points of this amendment are as follows:
- The law maintains life imprisonment for rape as the maximum sentence, yet sets
down the provision of death.
- Penalty for repeat offenders and those whose victims are left in a vegetative state.
- It also expands the meaning of the term rape so as to include the penetration of the
mouth, anus, urethra and vagina, with the penis or any other object without the
consent of the woman.
- It also defines stalking and voyeurism as crimes with punishment up to seven years.
- Gang rape has been recognized as an offence, while sexual harassment has been
redefined to include unwelcome
- Advances with sexual overtures and showing pornography without consent.
- The age of consent has been kept at 18 years.
24
25
26
Mukesh & anr. Vs. State (NCT of Delhi) & ors, (2017) 6 SCC 1
27
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- The law also punishes the police (according to this amendment Section 197, no
sanction is required to prosecute the police) and the hospital authorities with the
imprisonment of up to two years if they fail to register a complaint or treat a victim.
 Lokpal and Lokayuktas Act, 2013

This act established a body of Lokpal at the Central level and Lokayukta at the State level to
inquire into allegations of corruption against public functionaries and matter related thereto.

In the aftershock of Kathua gang rape and murder case28, this amendment made changes to
Section 26, 154, 161, 164, 173, 197, 309, 327, 357B, 357C, 374, 377, 438, 439 to extend the
applicability of compulsory registration of FIRs, fine imposed to be paid to the victim,
facilitate better recording of evidence and protect the dignity of rape survivors and treatment
free of cost in hospitals.29
 Jammu and Kashmir Reorganization Act, 2019

The Act dissolved the State and reorganized it into two union territories. This Act facilitated
the application of the Code of Criminal Procedure to the Union Territory of Jammu and
Kashmir which previously not allowed under the code due to the special status given to
Jammu and Kashmir under Article 370 of the Constitution of India which was struck down in
2019.
Bharatiya Nagarik Suraksha Sanhita Bill, 2023

The year 2023 saw the introduction of The Bharatiya Nagarik Suraksha Sanhita Bill,
which will replace the CrPC. It has 533 sections in which 160 sections have been changed,
nine new sections have been added, and nine sections have been repealed. This is going to be
a fundamental and significant change in the law and justice system in India. However,
according to sources, the new bills introduced in 2023 retain more than 80% of the 160 year
old law and even if Criminal Procedure Code of 1973 is comparatively recent, most of the
bills retain the same provisions under new names.30
28
State of Jammu and Kashmir & Ors. vs. Shubam Sangra, (2019) 10 J&K CK 0016
29
30
New IPC, CrPC Bill: is India’s planned criminal law reform a game-changer? By Soutik Biswas, India
Correspondent, BBC
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CONCLUSION
The law dealing with crime has changed frequently. But somehow, the criminals manage to
stay steps ahead of us. Amendments to the criminal procedure code need cancel out the gaps
and lacunae that must be covered. The procedure has to efficient and at the same time
humane. It has to strict and yet empathetic wherever needed. A crime affects not only one
individual but people at large and despite the best efforts put in modernizing the law, the
crime rate is ever increasing. The Crime in India Statistics Volume III by the National Crime
Records Bureau shows the trend of crime rate in India from 1981 to 2021. As the population
increases, the crime rate increases as well. Will the new CrPC be efficient in ways that the
Code of 1973 wasn’t? Or will things remain unchanged? Only time can tell.
References:
1. Criminal Procedure Code 1898 Amendment Act no. XXXVII of 1923

2. The Code of Criminal Procedure (Amendment) Act, 1955
3. The Code of Criminal Procedure (Amendment) Act, 1955
4. Repealing and Amending Act, 1974 (56 of 1974)
8. Criminal Law (Second Amendment) Act, 1983
17. Code of Criminal Procedure (Amendment) Amending Act, 2006
13 | P a g e
22. Jammu and Kashmir Reorganization Act, 2019
23. CrPC was enacted after the 1857 mutiny, Times of India, May 5, 2008
24. Changes made in Code of Criminal Procedure through 2005 & 2008 Amendment Act: A
study, Leepakshi Rajpal, Impact Journal
25. New IPC, CrPC Bill: is India’s planned criminal law reform a game-changer? By Soutik
Biswas, India Correspondent, BBC
26. The Crime in India Statistics Volume III by the National Crime Records Bureau, 2021
14 | P a g e

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THAKUR RAMNARAYAN COLLEGE OF LAW

AMENDMENTS TO THE CODE

SUBMITTED TO: PROF. SHIVANI GUPTA

SUBMITTED BY: SAURA JITENDRA PATIL

CLASS: 5TH YEAR B.L.S.LL.B.

ROLL NO. A/26

Sr. no. Title Page no.

HISTORY OF THE CODE OF CRIMINAL PROCEDURE, POST-INDEPENDENCE.

The recommendations of the Commission were examined carefully by the Government,

Objective of the Code:

1. To provide opportunity to an accused person to get a fair trial according to rules of

MAJOR AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973

Criminal Procedure Code is of substantial importance. Ensuring time to time amendments

1. Repealing and Amending Act, 1974 (56 of 1974)

 Repealing and Amending Act, 1974

 Code of Criminal Procedure (Amendment) Act, 1978

 Code of Criminal Procedure (Amendment) Act, 1980

 Criminal Law (Amendment) Act, 1983

 Criminal Law (Second Amendment) Act, 1983

 Code of Criminal Procedure (Amendment) Act, 1988

 Code of Criminal Procedure (Amendment) Act, 1990

 Code of Criminal Procedure (Amendment) Act, 1993

 Criminal Law (Amendment) Act, 1993

 Code of Criminal Procedure (Amendment) Act, 2001

 Code of Criminal Procedure (Amendment) Act, 2005

 Criminal Law (Amendment) Act, 2005

 Code of Criminal Procedure (Amendment) Amending Act, 2006

 Code of Criminal Procedure (Amendment) Act, 2008

 Code of Criminal Procedure (Amendment) Act, 2010

 Criminal Law (Amendment) Act, 2013

 Lokpal and Lokayuktas Act, 2013

 Criminal Law (Amendment) Act, 2018

 Jammu and Kashmir Reorganization Act, 2019

Bharatiya Nagarik Suraksha Sanhita Bill, 2023

1. Criminal Procedure Code 1898 Amendment Act no. XXXVII of 1923

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