Introduction to the

Code of Criminal Procedure

Konina Mandal (Assistant Professor, JGLS)
BASICS

• CrPC provides the mechanism for detection of crime, apprehension of suspected

criminals, collection of evidence, determination of the guilt or innocence of the
suspected person and inflicting suitable punishment on the accused. Also, provides
for prevention of offences- Section 144
• It also controls and regulates the working of the machinery set up for the
investigation and trial of offences.
• CrPC is applicable in respect of the investigation, inquiry and trial of every
offence under the substantive criminal law.
• The rules of procedure are enacted to be obeyed. The object of these rules is to
simplify and shorten proceedings.
• CrPC is a complete code with respect to matters provided for by it. However,
absence of any provision on a particular matter in the code does not mean that
there is no power in a criminal court to make such order as the ends of justice
required. Ex: Powers of HC under section 482.
TWO MODELS OF CRIMINAL PROCESS
 Crime Control Model
• The repression of crime should be the most important function
– because necessary condition for a free society – harmonious – General
repress and stamp out anything that deviates. disregard of
laws
• Crime control should concentrate on vindicating victims rights
rather than on protecting defendants rights. The priority should
be victims. Victimization
Failure to of law
• In orders to repress crime – POLICE powers should be enforce abiding
citizens
expanded to make it easier to investigate arrest search seize
convict
• Legal technicalities that handcuff the police should be
eliminated.
• Criminal justice process should operate like an assembly Security of
Curtailment
line/conveyor belt – swiftly along toward their disposition person and
of human
property
freedom
• Starts with the presumption the accused is guilty because fact affected
finding of police and prosecutor is highly reliable.
• The main objective of the criminal justice process should be to
discover the truth or establish the factual guilt of the accused.
Due Process Model
• The most important function of criminal justice should be to Procedural
provide due process or fundamental fairness under the law. fairness is the
highest goal
• Criminal justice system should concentrate on the rights of
the accused person not victims rights.
• Police powers should be limited to prevent official oppression
of the individual
Official power
Formal
• Constitutional rights aren’t mere technicalities – Criminal limited by
adjudicatory
justice authorities should be held accountable to rules, constitutional
fact finding
guarantees
procedures and guidelines to ensure fairness and consistency
in the justice process.
• The due process model is like an obstacle course – consisting
of series of impediments that take the form of procedural
Reliability
safeguards that serve s much to protect the factually innocent more than
as to convict the factually guilty. speed and
finality
• A person should be found guilty only if legal procedures are
followed – legally guilty not factually guilty.
• Presumption of innocence
NEED FOR CRIMINAL PROCEDURE
• A citizen who is accused of committing a crime may be faced with the possibility of being deprived
of his personal liberty and, even if acquitted, damage to his/her reputation;

• Thus, any expense or delay or uncertainty in applying various provisions of the CrPC for the
prevention and punishment of offences would render these provisions useless or oppressive;

• Application of the provisions of the CrPC, therefore, involves a balancing of conflicting

considerations and the onerous task of deciding which of these considerations must prevail

• Administration of substantive law efficiently to maintain a deterrent effect

• Strike a balance between powers of the state and rights of the subjects. Strives to prevent human
rights violations.

• Eliminates arbitrariness and furthers the cause of rule of law. Aids furtherance of fairness and natural
justice
TERRITORIAL APPLICABILITY (s.1)

• Extends to whole of India

• The code, with an exception of three chapters, is not applicable to the State of Nagaland
and to the tribal areas. The applicable chapters are:
• Chapter VII (Security for keeping the peace and for good behavior)
• Chapter X (Maintenance of Public Order and Tranquility)
• Chapter XI (Preventive Action of the police)

• The remaining provisions can be extended to the aforementioned areas with necessary
modifications by the state government through a notification.

• These areas would still be governed in substance with the spirit of the code
WHICH OFFENCES DEALT WITH UNDER CRPC

• Section 4:
1) All the offences under IPC
2) All offences under any other law subject to any
enactment for the time being in force regulating the
procedure for the said offences.

• Just a separate special enactment is not enough. There should

be a separate procedure provided.
CONSTITUTION AND HIERARCHY OF CRIMINAL COURTS
HIERARCHY OF CRIMINAL COURTS
SUPREME COURT

HIGH COURTS

SESSIONS COURT

ASST. SESSIONS JUDGE CHIEF METROPOLITAN MAGISTRATE CHIEF JUDICIAL MAGISTRATE

ADDITIONAL CHIEF METROPOLITAN MAGISTRATE

SPECIAL METROPOLITAN MAGISTRATES

METROPOLITAN MAGISTRATES (HONORARY)

SUB-DIVISIONAL JUDICIAL MAGISTRATES

JUDICIAL SPECIAL JUDICIAL JUDICIAL SPECIAL JUDICIAL

MAGISTRATES OF
MAGISTRATES OF MAGISTRATES OF MAGISTRATES OF SECOND CLASS
FIRST CLASS FIRST CLASS SECOND CLASS CLASS
TERRITORIAL DIVISIONS (S.7)
1. Every State shall be a sessions division or shall consist of sessions divisions; and every
sessions division shall, for the purposes of this Code, be a district or consist of districts;

2. Provided that every metropolitan area shall, for the said purposes, be a separate sessions
division and district.

3. The State Government may, after consultation with the High Court, alter the limits or the
number of such divisions and districts.

4. The State Government may, after consultation with the High Court, divide any district
into sub-divisions and may alter the limits or the number of such sub-divisions.

5. The sessions divisions, districts and sub-divisions existing in a State at the

commencement of this Code, shall be deemed to have been formed under this section
JURISDICTION AND POWERS OF CRIMINAL COURTS UNDER CrPC
• Section 26 - Courts by which offences are triable
• Section 27 - Juveniles
• Section 28 - Sentences by High Court and Sessions Court
• Section 29 - Sentences by Magistrates
• Section 30 - Imprisonment in default of fine
• Section 31 - Conviction of several offences in one trial
• Section 32 - Mode of conferring power
• Section 33 - Powers of officers appointed by the court
• Section 34 - With-drawl of powers
• Section 35 - Powers of Judges and also Magistrates exercisable by their successors-in-office
SENTENCES WHICH MAY BE PASSED BY THE CRIMINAL COURTS
• Supreme Court or High Court
Any sentence authorised by law
Any sentence authorised by law-
• Sessions Judge or Addt. Sessions Judge sentence of death is subject to
confirmation by High Court

• Asst. Sessions Judge Imprisonment up to lO years or/and fine.

• Chief Judicial Magistrate OR
Imprisonment up to 7 years or/and fine.
Chief Metropolitan Magistrate
• Judicial Magistrate of Class I OR Imprisonment up to 3 years or/and fine upto Rs. 10000
Metropolitan Magistrate

• Judicial Magistrate of Class II

Imprisonment up to 1 year or/and fine upto Rs. 5000
FUNCTIONARIES UNDER THE CODE

FUNCTONARIES POLICE

PROSECUTORS

DEFENCE
COUNSEL

PRISON
AUHTORITIES
POLICE
• Not defined under CrPC but under Police Act, 1861
• s.2(s) - officer in charge of the police station
• s.36 powers of superior officers of police
• CHAPTER XI - preventive action of the police
• CHAPTER XII - Information to the police and their powers to investigate

• Prakash Singh V. UOI - reorganization of the police department.

• D.K. Basu V. State of W.B. - Custodial torture and deaths by police and arbitrariness is arrest.
• Joginder Kumar V. State of U.P. - when a person can be arrested?
• State of M.H. V. Christian Community Welfare council - arrest and custody of female person.
POLICE
The Director-General of Police (DGP) is responsible for the administration of the police in the State, while
the District Superintendent of Police (DSP) is responsible for administration in the districts and is under the
control of the DM who is usually the ‘Collector’ of the District (See Police Act, 1861);

The underlying assumption of the CrPC is that there is a ‘police’ machinery in place to discharge various
functions under the Code; The term “police station” is defined by the CrPC to include any post or place
declared by the State Government to be a police station, including any local area specified by the State
Government

The duties of the “officer-in-charge” of a police station (station house officer), in situations where the ranking
officer is unable to perform his/her duties, must be performed by the officer next in rank to the station house
officer;
Wider powers are given to the officer-in-charge of a police station, with such an officer having to perform
duties in relation to prevention, detection and investigation of offences;

Officers superior in ‘rank’ to station house officers may exercise the same powers throughout the local area to
which they have been appointed; thus, DGP of Haryana can exercise powers throughout the local area to
which he has been appointed (i.e. Haryana)
PUBLIC PROSECUTOR
• S.2(u) definition
• S. 24 & S.25 deals with the appointment of the Public Prosecutor
• PPs and APPs in High Court
• PPs and APPs for district
APPOINTING
DESIGNATION COURT QUALIFICATIONS OTHER MATTERS
AUTHORITY

Practice for 7 or Central or state Appointment to be made after the consultation with the
1 Public prosecutor High Court High Court
more years gov.

2 Add. Public prosecutor “ “ “ “

Appointed by the state gov. as PP must be one of the advocate’s on

3 Public prosecutor for district Sessions Court “ “ the panel prepared prepared by the District magistrate in consultation
with the sessions judge

Add. Public prosecutor for

4 “ “ “ “
district

Practice for 10 or Appointment made for purpose of any case or class of

5 Special public prosecutor Any court “ cases
more years

Court of Any person other

6 Add. Public prosecutor “ If APP is not available
Magistrates than a police officer
PUBLIC PROSECUTOR
• ‘Public Prosecutors’ (PP), Additional Public Prosecutors, Assistant Public Prosecutors and Special
Public Prosecutors are appointed by either the Central or the State Government to conduct
prosecutions on behalf of the Government;

• Many States have appointed and continue to appoint Police officers as Assistant Public Prosecutors
resulting in the impartiality and fairness of prosecutions being called into question;

• CrPC gives States the option of establishing a ‘Directorate of Prosecution’ which will be separate
from, and independent of, the investigating agency i.e. the Police Department, and consist only of
legally qualified practitioners;

• PPs are ‘officers of the Court’, who must be detached and must not seem to be ‘pushing’ for a
conviction; they must be fair in presenting the facts of the case; the impartiality of the PP is as
important as the impartiality of the Court; they must not suppress facts that exonerate the accused;

• If the PP fails to disclose material facts that have a bearing upon the guilt or innocence of the
accused, the trial will be vitiated only if the nondisclosure amounts to a material irregularity and
causes irreversible prejudice to the accused
DEFENCE COUNSEL
• Any person accused of an offence before a Criminal Court, or against whom proceedings are
instituted under the Code, may of right be defended by a pleader of his choice;
• Where, in a trial before the Court of Session, the accused is not represented by a pleader, and
where it appears to the court that the accused does not have the means to engage a pleader,
the court shall assign a pleader for his defence at the expense of the State;
• The right to a defence is a hallmark of the ‘right to a fair trial’ guaranteed by the
Constitution of India. The right to be defended by a lawyer of one’s choice is also integral to
the adversarial system of criminal trials adopted under the Code;
• The Supreme Court has extended the right to free legal representation to cases where a
finding of guilt will result in a sentence of imprisonment.
• Where the accused is already represented by counsel, failure to give the accused time to
engage different counsel in order to delay framing of charges does not violate Section 303

• s.303 - Right of person against whom proceedings are instituted to be

defended.
• s.304 - Legal aid to accused at State expense in certain cases.
• Article 22 of The Indian Constitution provides free legal aid to the accused
PRISON AUTHORITIES AND CORRECTIONAL SERVICES PERSONNEL

• Prison Act, 1900

• S.3 of the Prison Act, 1900 give powers to the officer in charge to detain the
convicted till the imprisonment period ends.
• Detention of undertrial prisoners in jail during the pendency of the proceedings;
• Providing the machinery for execution of sentences imposed by the Courts
CLASSIFICATION OF
OFFENCES

OFFENCES/CASES
COGNIZABLE/NON-
COGNIZABLE

BAILABLE /NON-
BAILABLE

SUMMONS/WARRANT
COGNIZABLE OFFENCES
Section 2 (c): “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 warrant
PROCEDURE TO BE FOLLOWED
FOR COGNIZABLE OFFENCES
• Police officer can arrest alleged culprit
without warrant and can investigate into
such a case without any orders or
directions from a Magistrate;
• In the case of a cognizable offence, it is
the responsibility of the State and the
police to bring the offender to justice;
• ‘Police officer’ in this section means
those officers as are bestowed with
unqualified power to arrest without
warrant
NON-COGNIZABLE OFFENCES
Section 2 (l) : “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
PROCEDURE TO BE FOLLOWED
FOR NON-COGNIZABLE OFFENCES
• Generally, police officers cannot arrest
without a warrant in non-cognizable
offences, nor do they have the powers to
investigate any such offence ;
• If a Judicial Magistrate is of the view
that a non-cognizable case should be
investigated into, he or she can order
the police to carry out an investigation;
• Non-Cognizable offences are generally
considered private wrongs and
prosecution of the offender is left to the
initiative of private citizens
Distinction between Cognizable and Non-cognizable

• No test to determine whether offence is cognizable or non-cognizable;

• Offences listed as cognizable or non-cognizable in the First Schedule of

the CrPC by making reference to the IPC;

• Generally, the more serious the offence, the more likely it is cognizable;

• Seriousness depends upon maximum punishment for the offence;

• Offences for which a maximum sentence in excess of three years may

be imposed are generally made cognizable.
COGNIZABLE AND NON-COGNIZABLE OFFENCES
COGNIZABLE OFFENCES NON-COGNIZABLE OFFENCES
• Serious offences • Trivial offences

• Offences punishable with more than 3 years of imprisonment or more and • Offences punishable with less than 3 years of imprisonment or fine
fine
• Police officer is under no authority to arrest without a warrant
• Police officers may, in accordance with the first schedule of the code or
any other law, arrest without warrant • A police officer has neither duty nor power to investigate into such
offence without the authority given by a judicial Magistrate
• Police officer is under legal duty to investigate without any
orders/directions from the Magistrate • The non-cognizable offences are considered more in the nature of
private wrongs therefore, the prosecution of the offender is left to
the initiative of the private citizen
• These offences are considered as public wrongs and therefore the
prosecution of the offender is left to the initiative and the efforts of the • Example: giving false information to the public servant etc.
state

• Example: waging war against the government; murder; culpable homicide

etc.
BAILABLE AND NON-BAILABLE OFFENCES
• Section 2(a): “bailable offence” means an offence which is
shown as bailable in the First Schedule, or which is made
bailable by any other law for the time being in force; and “non-
bailable offence” means any other offence.

• The basic difference and meaning of the two offences are that
if a person accused of a bailable offence is arrested or detained
without warrant, he has a right to be released on bail.

• But if the offence is non-bailable, it does not remain a matter

of right. But if the offence is non-bailable, it does not remain a
matter of right but only a privilege granted at the discretion of
the court.
SUMMONS AND WARRANTS
The Code classifies all criminal cases into two categories:

(a)Summon cases (Section 2(w))

(b)Warrant cases (Section 2 (x))

Section 2(w) defines “summon cases” as Summon case means a case relating to an offence and not being a warrant
case.
Section 2(x) defines that “warrant case” means a case relating to an offence punishable with death, imprisonment for
life, or imprisonment for a term exceeding two years.

CrPC contemplates two kinds of arrests:

A. arrest made in pursuance of a warrant issued by a magistrate
B. arrest made without such warrant but made in accordance with some legal provision permitting such arrest

A warrant of arrest is a written order issued and signed by a Magistrate and addressed to a police officer or some other
person specially named and commanding him to arrest the body of the accused person named in it. (section 70-81)

In case of arrests without warrant, the decision to make arrest is made by persons other than magistrates and courts i.e.
by police officers, private citizens, etc. In such cases, it is not allowed to keep arrested person in custody for more than
24 hours from the time of arrest.
 SUMMON WARRANT

complexity Simple Complex

death, imprisonment for life or for term more than

Punishment Imprisonment for less than 2 years
2 years

Framing of charges non-mandatory Mandatory

Withdrawal of complaint Possible Not possible

Addressed to Suspect or victim Police officer

Opportunity of defence Less More

Cross-examination Only one chance More than one chance

Conversion Can be converted to warrant Cannot be converted to summon

Relevant Sections

SUMMONS WARRANTS

• Types of summons - s.61 • Types of warrants - s.70

• How to serve summon - s.62
• Summons on corporate bodies and societies - s.63
• Person cannot be found - s.64
• When service cannot be effected as before provided - s.65
• Government servant - s.66
• Outside local limits - s.67
• When serving officer is not present - s.68
• Mode of execution - s.72
• Procedure of arrest - s.80
• Procedure by magistrate after arrest - s.81
• Proclamation of person absconding - s.82
• Attachment of property of person absconding - s.83
• Claims and objections - s.84
• Release, sale and restoration of attached property - s.85
DUTY OF THE PUBLIC TO ASSIST MAGISTRATES AND
POLICE (s.37 )

Members of the public must assist a Magistrate or police officer “reasonably

demanding” their aid under certain circumstances;

• These circumstances include preventing the escape of an individual whom

such Magistrate or police officer is authorized to arrest; preventing or
suppressing of a breach of the peace; preventing damage to public property;

• What is “reasonable” depends upon the circumstances of each case;

• Intentional omission to assist is punishable under Section 187 of the IPC

DUTY TO GIVE INFORMATION OF CERTAIN OFFENCES (s. 39)

• “Every person” aware of the commission/intention to commit offences such

as ‘waging war against the State’, ‘offences against public tranquility’,
‘offences relating to kidnapping’, ‘offence relating to criminal breach of
trust’, ‘offences of robbery and dacoity’ etc. has a duty to give information to
the concerned authorities;

• “Every person” does not include the perpetrator of the crime;

• When the police have already secured information about the offence, the
section is not to be invoked against any person who omits to give information
thereafter
• Intentional omission to give information under this section is punishable
under 176 and 202 IPC.