Name -Satendra Kumar Maurya

College - Dr. Ram Manohar Lohiya National Law University, Lucknow

Topic – explain CRPC,1973 (part 1)
 CODE OF CRIMINAL PROCEDURE, 1973
Chapter - 1
Section 1: – this act may be called as code of criminal procedure, 1973.
Territorial Extend: -
before the Jammu and Kashmir reorganisation bill, 2019, code of criminal
procedure applicable throughout India but after enforcement of this act CRPC,
1973 applicable to the whole country including Jammu and Kashmir.

Definition: -
Definition related to criminal procedure code are given in section 2 of CRPC,
1973. Some of these are-
 Bailable Offence- offences which are bailable under the first schedule.
 Cognizable offence- offences in which a police officer may arrest him
without warrant.
 Investigation- includes all the proceeding under this code for the
collection of evident concludes by a police officer or any other person
who is authorised by a magistrate in this behalf.

CHAPTER II
Chapter 2 of code of criminal procedure related to the constitution of criminal
courts and offices.
Question: -
How many types of criminal courts in every state besides the high courts?
Answer: -
Classes of criminal codes are given in section 6 of this code. According to this
section, there are following types of courts –
 Courts of session
 Judicial Magistrates of the first class and in any metropolitan area
metropolitan magistrates.
 Judicial Magistrate of the second class
 Executive Magistrate
Metropolitan area – this is defined in section 8 of code of criminal procedure.
according to this section, any area in the state comprising a city or town whose
population more than one million shall be a metropolitan area.
According to this section metropolitan area are Bombay, Calcutta, Madras and
city of Ahmedabad. When an area declared by government metropolitan are and
population of such area decrease bellow one million such area cease to be a
metropolitan area.

Section 9 – it says that every state shall established a court of session for every
session divisio
n. Every session court shall be prescribed by judge who is appointed by the high
court.
Question: - what is session division?
Ans: - District court is referred to as session court when it exercise its
jurisdiction on criminal matters under code of criminal procedure as per section
9 of crpc, the court is established by the state government for every session
division.

Section 10- all the assistance session Judge shall be subordinate to the session
judge in whose court they exercise jurisdiction and also session judge can make
rule time to time to the distribution of business among such assistance session
judge.

Court of Judicial Magistrate: -

It is defined in section 11 of criminal procedure code, 1973. According to this
section, court of judicial magistrate shall be established in every district which
are not a metropolitan area, of the first class of the second class and so on.

Section 13- special judicial Magistrates

Section 18- special metropolitan Magistrates
Section 21- special executive Magistrates

Section 24- public prosecutors, the central government or state government after
consultation of high court may appoint one public prosecutor in the high court
and may also appoint one or more additional public prosecutor. Central
government may also appoint one or more than one public prosecutor for the
central government.
The state government may also appoint one public prosecutor and one or more
additional public prosecutor for every district and public prosecutor or
additional public prosecutor of one district may also appointed for the public
prosecutor or additional public prosecutor for another district.

Question: -
What is public prosecutor and additional public prosecutor?
Answer: -
A public prosecutor is a legal representative of the prosecution in countries with
either the common law adversarial system and a additional public prosecutor
who help to the public prosecutor of the country.

Assistance public prosecutor: - according to section 25 of the code of criminal

procedure, the state government may appoint one or more assistance public
prosecutor in every district for the conducting prosecution in the court of
magistrates.
Section 25A: - it defines directorate of prosecutor. State govt. may establish a
directorate of prosecution consisting of a directorate of prosecution and one or
more deputy directorate of prosecution as it thinks fit.

CHAPTER III
This chapter is related to power of the court.
Sentences which Magistrate can pass: - it is given in section 29 of code of
criminal procedure, which tells that the court of chief judicial magistrate may
pass any sentences authorised by law except death sentence, life imprisonment
and any imprisonment which exceed seven years.

The court of magistrate of the first class can not pass any sentences which
exceeding imprisonment of three years or fine of ten thousand or both and the
court of magistrate of second class can not pass a sentence which exceeding
imprisonment of term of one year or fine of five thousand or both.

Section 30: - it gives the information about sentence of information in default of

fine.
Section 31: - sentences in case of conviction of several offences at one trial.

CHAPTER IV
Power of superior officers of police: - according to section 36 of code of
criminal procedure, a superior police officer in rank may exercised his power
within the area for which they are appointed. They can not exceed the limit of
the area they have allotted.

Section 39: - this section give right to all public to give information about
certain offence for which they think that this is a offence and they have
knowledge that offences for which they are giving information is punishable
under any section of Indian Penal code, 1860.
For examples – section 272 to 278 of Indian penal code related to adulteration
of food etc and section 409, breach of trust etc.

CHAPTER V
Arrest of person -
Section 41- a police officer may arrest a person without an order from
magistrate if a person
 Commits a crime in the presence of the police.
  Against whom credible information or a reasonable complaint has been
received or a reasonable suspicion exists that he has committed a offence
punishable with imprisonment of not less than seven year or extend to the
seven years.

Some conditions have to be satisfied-

The police officer has reason to believe on the basis of the information
that person has committed the said offence.

Section 42: - a police officer can also arrest a person who has committed the
offence of not giving the information about his name and residence or police
officer think that given information is not correct.

Arrest by private person and procedure on such arrest: - this is explain under
section 43 of code of criminal procedure, according to this section any private
person may arrest any person who in his presence commits any cognizable and
non bailable offence and without unnecessary delay shall cause to made over
that person to the police officer. The police officer will investigate him and if he
found that person comes under the provision of section 41 of crpc then police
officer re-arrest him otherwise he shall be released.

Arrest by Magistrate: - according to section 44, when an offence committed of a

person in the presence of magistrate whether judicial or executive within his
territory then he may arrest him or order anyone to arrest him.

Section 52: - power to seize offensive weapon.

Section 53: - examination of person accused of rape by medical practitioner.

When a person arrested of an offence of committing rape or attempt to commit
rape then it will be lawful in examination of that person by a register medical
authority run by government or any local authority within the range of 16 km
where offence has committed on the order of police officer, not lower in post
then a sub inspector.
Section 54A: - identification of arrested person.

Person arrested not to be detained more than twenty-four hours: - according to

section 57 of crpc, police officer can not detain a person arrested more than 24
hours. Police must have to present arrested person to the office of magistrate.

CHAPTER VI(A)
Form of summon: - according to section 61 of code of criminal procedure, every
summon issued by the court under this code shall be in writing, signed by the
presiding officer of such court.
Question: -
What is summon?
Answer: - Summon is a legal document issued by court for the various legal
purpose.

Section 62: - summon how made.

Section 69: -service of summon on witness by post.

CHAPTER VI(B)
This chapter give the detail about warrant of arrest.
Form of warrant of arrest and duration: - section 70 of this code say that every
warrant of arrest issued by the court shall be in writing, signed by presiding
officer of the court and bear the seal of the court. Every arrest warrant shall
remain in force until it is cancelled by the court.
Question: -
To whom arrest warrant directed?
Answer: -
Every arrest warrant directed to one or more police officer and if there is
necessary and no police officer are available then it directed to any persons who
execute the same.

Section 80: - procedure on arrest of person against whom warrant issued.

CHAPTER VII(A)
Section 91: - whenever any court or any police officer think that the production
of document important for investigation then such court may issued a summon.

CHAPTER VII(B)
Section 93: - When search warrant may be issued.

Search of a person wrongfully confine: - according to section 97 of

code of criminal procedure, if any first class officer has any credible
information about the wrongful confine of a person which is offence in law, he
may issue a search warrant of the confined person.
Question: -
What is wrongful confine?
Answer: -
If a person restrained another person from going anywhere beyond certain then
it is said that person is wrongfully confine.
Section 98: - power to compel restoration of abducted females.

CHAPTER VIII
Security for keeping the peace and for good behaviour.
Security of keeping the peace on conviction: - it is given in section 106 of code
of criminal procedure. when a court of session or a first class officer convicts
any person for committing an offence or abetting to commits such offence, it is
necessary to take security for keeping peace in the court.
Section 107: - security for keeping the peace in other cases.
Section 108: - security for good behaviour from person disseminating seditious
matter.
Section 109: - security for good behaviour from suspected person.

Order to give security: - according to section 117 of this act, if by the inquiry it
is prove that keeping peace and maintaining good behaviour is important then
magistrate can make order accordingly.

CHAPTER IX
This chapter related to the order of maintenance of wives, children and parents.
Section 125: - this section said that if a person have sufficient money and
neglecting or ignoring to maintain his wife who is unable to maintain herself or
minor child, married or not ( except married daughter) or his mother or father
unable to maintain herself or himself a magistrate of first class upon the proof of
such neglect may order that person to pay some monthly payment.
Minor mean who has not attain majority or attain the age of 18 year.
Wife includes a woman who has been divorced and has not remarried.

Procedure: - according to section 126, proceeding may be taken in the district

where he is or his wife resides or where he last resides with wife or child or
parents.