Criminal procedure code

Commencement: Applicability of this code: Consist of:

1. Whole India 484 sections
Enacted date 25th jan.1974 2. Chapter 8, 10, 11 apply
to – 38 chapters
a) State of Nagaland 2 schedule
Enforced on 1st Apr.1974 b) The tribal area of Assam 56 forums
and
Criminal procedure-

Rules governing how the court will process a criminal case

criminal code of procedure – legislation on the procedure for

administration on substantive law

Provides machinery for the –

Additionally, it also dealt
1. Investigation of crime with-
2. Apprehension of suspected Public nuisance
criminals Prevention of offences
3. Collection of evidence Maintenance of wife and
4. Determination of guilty/ innocence children
5. Determination of punishment
Offence - “Offence” means any act or omission made punishable by any law for the time being in
force and includes any act in respect of which a complaint may be made under section 20 of the
Cattle trespass Act, 1871 (1 of 1871).
Bailable Offence - “Bailable offence” means an offence shown as bailable in the First Schedule
or made bailable by any other law for the time being in force, and “non-bailable offence” means
any other offence.
Cognizable Offence - “Cognizable offence” means an offence for which, and “cognizable case”
means a case in which a police officer may, in accordance with the First Schedule or under any
other law for the time being in force, arrest without a warrant.
Non-cognizable Offence - “Non-cognizable offence” means an offence for which, and “non-
cognizable case” means a case in which a police officer has no authority to arrest without a warrant.
Complaint - “Complaint” means any allegation made orally or in writing to a Magistrate, with a
view to his taking action under this Code, that some person, whether known or unknown, has
committed an offence, but does not include a police report.
Warrant case means a case relating to an offence punishable
with death, imprisonment for life, or imprisonment for a
term exceeding two years

SUMMONS CASE- other than warrant case

 Magistrate
and judge

Prison and police

correctional
service
personnel

Defence Public
counsel prosecutor
 • Evidence • Judge • Judicial

TRIAL
INVESTIGATION

INQUIRY
are to be ensure – adjudicatio
collected before n of a
• Sec.2(h) going to person’s
trial guilty /
• Sec.2(g) innocence
PRE-TRIAL TRIAL POST TRIAL
PRE-TRIAL PROCESS Trial of the commission of the offence
by the court

Grant of bail by court

Preliminary inquiry by court, and if

prima facie case made out , summoning
of the accused
On arrest, grant of bail by police
as a matter of right
Cognizance of the commission of the
offence and inquiry by the court

Commission of a non – cognizable/ bailable Filing of a private criminal complaint

offence against the offender before the
competent
Commission of a cognizable offence
Refusal of police to register FIR

AB-Ss.COURT
FIR
HC
SC (SLP)

ARREST
Produce before magistrate-24hrs
INVESTIGATION Remand or judicial custody
For collection of evidence BAIL- MAGISTRATE
Interrogation / statement of accused, witnesses SESSION COURT
Scientific analysis/ opinion HIGH COURT
SUPREME COURT
 On completion of
investigation, police concludes On competition of investigation, police
that offence is made out conclude that no offence is made out

Charge sheet is filed before the

magistrate Case closure report is filed before the
magistrate
TYPES OF TRIAL
• Session trial –S.225-237
• Warrant trial –S.238-250
• Summon trial- S.251-259
• Summary trial –S. 260-265
Complaint
A complaint is a written or verbal statement made
by a person to a police officer or other authority,
alleging that a crime has been committed.
A complaint can be made by anyone, including the
victim, witness or a third party.
A complaint is usually made to a local police
station or other law enforcement agency.
A complaint does not always lead to the registration An FIR must always be registered when a
of an FIR.
A complaint can be made for both cognizable and
non-cognizable offences.
A complaint does not require a specific format.
A complaint does not need to be in writing.
FIR
A First Information Report (FIR) is a formal
document prepared by the police when they
receive information about the commission of a
cognizable offence.
An FIR can only be lodged by the person who
has knowledge of the commission of a
cognizable offence.
An FIR is usually registered at the police station
having jurisdiction over the area where the crime
took place.
cognizable offence is reported.
An FIR can only be registered for cognizable
offences.
An FIR must be recorded in a specific format as
per the Criminal Procedure Code.
An FIR must be in writing.
Points of difference Summon Case Warrant Case

Punishment Tenure Less than two years of imprisonment More than two years of imprisonment

Dealt with under Chapter –XX of CrPC Dealt with under Chapter – XIX of CrPC from
Procedure
from Section 252 to 259. Section 238 to 250.

Framing of charges against the accused

is not necessarily to be done. But, only Framing of Criminal charges against
Charge Framing
the particulars must be conveyed to the accused person is mandatorily to be done.
accused.

It brings the accused person before the court, who

It notifies the accused person that he is
Object has ignored the summon has been duly issued to
legally obliged to appear in court.
him.

It instructs to produce the relevant In general, it authorizes a police officer to bring

Content
documents and others before the court. the accused person before the court.
· Absence of the complainant. · If no charges are
Discharge of the accused person, · Absence of the complainant. · On the framed.
when? death of the complainant. · If the offence is non-cognizable and
compoundable.
A summon case can be converted into a By no mean, a warrant case can be cannot be
Conversion of case
warrant case. converted into summon case