Criminal Procedure

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code,1973
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Unit 1- Introduction to CRPC

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-Prof. Anjali Sharma .

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Abbreviations:
 PO- Police officer
 IO- Investigating officer
 EX-Executive Magistrate
 CoS- Court of Sessions
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 HC- High court
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 SC- Supreme court
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 JM-Judicial Magistrate
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 MM- Metropolitan magistrate
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 Objective & Importance of Cr.Pc
 Cr.Pc is a procedural law that complements substantive criminal law i.e.
Indian penal Code.
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Its aim is to safeguard against possible harms & violation of human right of
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innocent person in its process from shifting criminals from non-criminals.
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It strikes the balance between individual interest & society at large.
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Entire criminal process is about taking cognizance of an offence, initiation of
proceedings & finally n j
convicting or acquitting the accused.
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In case of Maneka Gandhi v. UOI(1978)- it was held ‘ any deprivation of
personal liberty of an individual shall be done only by a reasonable, just , fair
& non-arbitrary procedure’.
 Code of criminal procedure states that what will be the procedure if any type
of offence is committed, that is given under substantive law.
 For example- if theft has been committed, Cr.Pc states what will be the
procedure here.
 Can someone lodge an FIR against the theft?
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 What will be the power of police?
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When will a magistrate look into the matter?
 How trial will be conducted?

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APPLICABILITY OF CRPC:
 This code applies to whole of India, except few states such as
 State of Nagaland
 Tribal areas
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(chapter 8,10,11 will be applied to these states as well)
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 Though state gov. may apply if required.
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Stakeholders & Functionaries in the
Criminal Justice Administration:
 The police
 Prosecutors
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 Defense council
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 The courts
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 Prison authorities
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For fair, just, fast & speedy processes & disposal of cases we require these functionaries:

The Police  The police Act,1861

 The Delhi special police eshtablishmentAct,1946

 Who conducts prosecution on state’s behalf.

Public Prosecutors  Public prosecutors is appointed u/s 24
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 Appointed for SC,HC & district court.

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Defense counsel
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The court A n Supreme court, high court,

Court of Session
Judicial Magistrate of First Class
Judicial Magistrate of Second Class
Executive Magistrate

 Inside jail these authorities will carry out execution

Prisoner authorizes of sentence.
 The prisons Act,1894.
Cases:
 Subramanian Swamy and ors. Vs. Raju Thru Members, Juvenile Justice Board and anr.
(2013) 10 SCC 465
 The administration of criminal justice in India can be divided into two broad stages at
which the machinery operates. The first is the investigation of an alleged offence
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leading to prosecution and the second is the actual prosecution of the offender in a
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Court of Law.
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Iqbal Ismail Sodawala v. State of Maharashtra (1975) 3 SCC 140
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 It is the procedure that spellslimuch of the difference between the rule & the rule of
whim & caprice.
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 A of criminal procedure is to provide a mechanism for the
While the general purpose
administration of criminal law, its core object is ‘to ensure for the accused a full & fare
trial in accordance with the principles of natural justice.
 Thank you!

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