OBJECT OF THIS CODE.
: This Code is intended to embrace rules applicable to the prevention and prosecution of offenses against the laws of this State, and to make the rules of procedure in respect to the prevention and punishment of offenses intelligible to the officers who are to act under them, and to all persons whose rights affected by them. It seeks: 1. To adopt measures for preventing the commission of crime; 2. To exclude the offender from all hope of escape; 3. To insure a trial with as little delay as is consistent with the ends of justice; 4. To bring to the investigation of each offense on the trial all the evidence tending to produce conviction or acquittal; 5. To insure a fair and impartial trial; and 6. The certain execution of the sentence of the law when declared
What is the difference between Indian Penal Code and Criminal Procedure Code?
Indian Penal Code provides the details of the various penal offences, punishment applicable to these offences & definitions of various terms used in the penal code etc, whereas the Criminal Procedure Code provides the procedure of getting the penal offences prosecuted & punished by the criminal courts as well details regarding the arrest, investigation, bail, jurisdiction, appeals, revisions & compounding of offence etc with regards to the various offences. In short you can say whereas the penal code defines the punishable offences the criminal code provides method to get them punished. Both these are enactment to check the crime in the society.
The Indian Penal Code is the substantive law which defines offences and prescribes punishments for those offences.
The criminal procedure code is a procedural law which prescribes the method of trial to be followed and all matters incidental thereto to implement the substantive law.
Section 2 of the code defines some words & phrases.
. They will have their meaning as assigned in this section unless the context otherwise requires.C.Cr.P.
which treats with bailable & non-bailable offences respectively. Bailable offences are less serious than non-bailable offences.2(a) Bailable offence: -Bailable offence means an offence which is shown as bailable in the First Schedule. -Non-bailable offence means any offence other than bailable offence. The distinction is reflected in Ss. and non-bailable offence means any other offence. In bailable offence bail is granted as a matter of course by the police officer or by the court. or (ii) Which is made bailable by any other law for the time being in force.
Non-bailable offence. or which is made bailable by any other law for the time being in force. the severity of the punishment prescribed for the offence and in some instances the character. the nature of evidence. It only means that bail can be granted in the discretion of the court. 436 & 437 of the code. The courts have considered the seriousness of the charge. Thus a bailable offence is that (i) Which is mentioned in the First Schedule of the Criminal Procedure Code.
. Non-bailable offence does not mean that bail can in no case be granted. means and standing of the accused.
In a summary trial or summons case trial framing of formal charges is not necessary. It must be specific and precise. A charge is the precise formulation of the specific accusation made against a person who is entitled to know its nature at the earliest stage. ______________________(name & office of magistrate. It is formulated generally after the inquiry into the case is over.Charge includes any head of charge when the charge contains more heads than one.g. and with in the cognizance of this court. etc).
(Signature Magistrate) & Seal of
. Form No 32: (1) (a) I.that you.2(b)
Charge: . E. but in warrant cases formal framing of the charges is necessary. hereby charge you ____________________________________(name of the accused person) as follows: (b) on section 121. (c) and I hereby direct that you be tried by this court on the said charge. and which he is required to plead. The charge must state the offence with which the accused is charged. On or about the_____________day of _____________. at____________________waged war against Government of India and thereby committed an offence punishable under section 121 of the Indian penal code. It consists of a notification to the accused of the offence which he is alleged to have committed.: .Second Schedule.
-Cognizable case means a case relating to an offence in which a police officer may. In order to be a cognizable case it would be enough if one or more of the offences are cognizable offences.2(c) Cognizable offence. for the time being in force. There can be no case under the code. in accordance with the First Schedule or under any other law for the time being in force. -Cognizable offence means an offence for which a police officer may. which is partly non-cognizable. arrest without warrant. in accordance with the First Schedule or under any other law..
. arrest without warrant. Cognizable case.
For example.2(l) Non-cognizable offence. therefore. If the power is conditional the offence would not be a cognizable one. The offence is nevertheless cognizable. For example. the power of arrest given to any police officer must not be conditional. If the power of arrest without a warrant is limited to any particular class of police officers that does not prevent the offence being regarded as a cognizable offence. The offence is. It should be unqualified power. in case of an offence under the Gambling Act only Deputy Superintendent of Police is given power to arrest. under the Opium Act a police officer may arrest without warrant if the accused does not furnish the security required by the relevant section. However. -Non-cognizable offence means an offence for which a police officer has no authority to arrest without a warrant. not a cognizable one.
Non-cognizable case means a case relating to an offence in which a police officer has no authority to arrest without a warrant.
. has committed an offence. A complaint in a criminal case is what a plaint is in a civil case. Complaint does not include a police report. The police officer by whom such report is made shall be deemed to be a complainant.2(d) Complaint. The purpose of the complaint is to enable the Magistrate to take action under this Code.a report made by a police officer in a case which discloses after investigation.
Explanation.Complaint means any allegation made orally or in writing to a Magistrate. whether known or unknown. the commission of a non-cognizable offence shall be deemed to be a complaint. . A complaint implies that some person.
(2) The allegation must be that some person known or unknown has committed an offence. It may not mention the particular section of the statute under which the offence has been committed.The following are the requisites of a complaint: (1) It is an allegation. It must contain a statement of facts which are relied on as constituting the offence.
. But mentioning of a wrong section does not vitiate the character of the complaint. A mere statement to a Magistrate by way of information without any intention of asking him to take action is not a complaint. It is not necessary that a particular offence alleged to have been committed must be stated. A complaint is constituted of the allegations of fact relating to the commission of an offence. A 'police officer' is not a magistrate and as such a petition or information sent to a police officer is not a complaint. The word complaint has a very wide meaning. Any person may make it aware of the offence. It is not necessary that the person making a complaint must have personal knowledge of the facts constituting the offence. An omission to mention the offence made out by the facts. which do not amount to an offence. It may not set out the facts on which the accused is to be charged. (3) Complaint must be made to a Magistrate. or the mentioning of a wrong section of the Indian Penal Code does neither vitiate the complaint nor affect the jurisdiction of the court to try a person complained against for the offences. which may be made orally or in writing. (4) It must be made with a view that the Magistrate should take action under the Code. (5) It is not necessary that complaint should be made by the aggrieved person. Allegations. which can be made out on the basis of the allegation in the complaint. No particular form is prescribed in which a complaint is to be made. would not to be a complaint.
but the first information is given to an officer in charge of a police station. including a police officer. (3) A Magistrate takes cognizance of an offence on a complaint made to him. (2) A complaint may relate to a cognizable or noncognizable offence.
.Distinction between 'Complaint' and 'First Information report' (1) In complaint the allegation is made orally or in writing to a Magistrate. (4) A complaint does not include the report of a police officer. but he cannot do so on first information. a first information report must relate to a cognizable offence on the face of it. the first information of an offence may be given by any body.
. conducted under this Code by a Magistrate or Court. If he is of the opinion that the offence is a serious one and exclusively triable by sessions court. Such committal is made only where the magistrate on the basis of the inquiry conducted by him finds that a prime facie case has been made out against the accused. he may himself deal with the case and may either discharge the case or acquit or convict the accused. The term trial as used in the code presupposes the commission of an offence but an inquiry may cover inquires into matters other than offences. inquiry concerning disputes as to immovable property. e. They are known as “Committal Proceedings”
. An inquiry is something different from a trial and that inquiry stops when Trial begins.2(g) Inquiry. he shall commit the case to the court of sessions. -Inquiry means every inquiry other than a trial.g. inquiry regarding public nuisances If the magistrate is of the opinion that the case is triable by him and also that he is competent to impose adequate sentence on the accused.
civil or criminal before a judge. however. Who has jurisdiction over it. demands: Trial includes all proceedings including sentence. has no universal meaning. in which it is used. which has jurisdiction over it. But this word has to be given that meaning which the particular context. which ends in conviction or acquittal of the accused.Trial. whether civil or criminal" According to Wharton's Law Lexicon trial means "the hearing of a cause. no trial can be concluded until judgment and sentence are passed.
." The word trial. according to the law of the land. In many sections of the Code "trial" has been used in the sense of the reference to a stage after the inquiry. .Trial according to Stroud's Judicial Dictionary means "the conclusions by a competent Tribunal. It is a judicial proceeding. It is a proceeding. which involves examination and determination of a cause by a judicial tribunal. of questions in issue in legal proceedings.
Inquiry differs from trial in the following ways: (1) An inquiry does not necessarily mean an inquiry into an offence because it may relate to matters.Difference between inquiry and trial.
. (4) Inquiry precedes trial and trial follows inquiry. which are not offences. -Both inquiry and trial are judicial proceedings. at the most it may result in discharge or commitment of the case for trial by a Magistrate or the Sessions Judge. inquiry made in dispute? relating to immovable property with regard to possession. or for the maintenance of wives and children. public nuisance. A trial invariably ends in acquittal or conviction of the accused. which has jurisdiction over it. (5) Inquiry is the second stage and trial is the third stage in a criminal case. (3) Inquiry includes every inquiry other than a trial conducted under this Code by a Magistrate or a Court. A trial is always of an offence. for example. (2) An inquiry into an offence never ends in conviction or acquittal. Trial is the examination and determination of a cause by a judicial tribunal.
Where power is given to any authority to deal with the offence he can in exercise of that power investigate into the offence because the expression "dealing with the offence" includes power of investigation also. So also searches made for collection of evidence. It was held in State of U. Sant Prakash. These proceedings are conducted by a police officer or by any person who is authorised by a Magistrate in this behalf but not the Magistrate himself.
. The definition as given in the Code is not exhaustive. v. It has been held in Baldev Singh (1975 Cr.LJ 1662 Punj) that the arrest and detention of a person for the purpose of investigation of a crime forms an integral part of the process of investigation. (1976 Cr.LJ 274 All) that the main purpose of an investigation is collection of evidence and it must be conducted by a police officer or a person' enjoying the powers of a police officer or authorised by a Magistrate in this behalf or a person in authority. Similarly examining witnesses and arranging raids for the purpose of dealing with a complaint by an Inspector of Anti-Corruption Department also constitutes part of investigation.2(h) Investigation. -Investigation includes all the proceedings under this Code for the collection of evidence.P." and medical examination of the arrested person" also forms part of investigation.
. he reports the fact to a Magistrate who drops the proceedings and the case there by comes to an end. Any such committal is made where the Magistrate on the basis of an inquiry conducted by himself finds that a prima facie case has been made out against the accused. The provisions relating to committal proceedings have been dropped in the new Code in order to avoid delay in the disposal of cases. (ii) Inquiry and (iii)Trial. he commits the case to the Court of Sessions. the case is sent to the Magistrate. is a serious one not triable by him or triable but he is not competent to pass adequate sentence on conviction. But if his investigation reveals the commission of an offence. If the Magistrate thinks that the case is both triable by him and also that he is capable of passing adequate sentence. But where the offence. This is known as "committal proceeding". or discharge or acquit him. If the investigating officer finds that no offence has been committed. in the opinion of the Magistrate. he may himself deal with the case and either convict the accused.There are three stages in a criminal case: (i) Investigation. In this case begins the second stage of a criminal case which may either be the stage of inquiry or trial.
The first stage is that of investigation wherein a police officer either by himself or under orders of a Magistrate investigates into a case.
The third stage in such cases is reached when the accused is presented for 'trial' before the Sessions Court. All trials in the Sessions Court could be either by a jury or with the pennission of the High Court by the Judge himself.Now in case of serious crimes which are triable by the Sessions Court and where the Magistrates have no jurisdiction to try. But under the new Code jury system has been abolished and trials are conducted by the Sessions Court. the case is directly tried by the Sessions Court without adhering to the procedure of inquiry by Magistrates for the purpose of committal proceedings.
Krishnamurthy and others. AIR 1976 SC 449. Preventive v. a complaint was made to the Inspector of Anti-Corruption Department. He himself examined the witnesses under Section 161 Cr. 1983 Cr. It was held that whatever was done in this case by the Inspector in order to detect the accused while taking the bribe came within the term "investigation" under clause (h).In Maha Singh v. who recorded the same and arranged the raid by noting each step taken there under in regular manner. and completed the investigation.E. It was held in Assistant Collector C. State (Delhi Administration).C. LJ 1880 that the word investigation has to be read and understood in the light of not only the powers conferred on police officers but the restrictions placed on them in the use and exercise of such powers.C. of Section. P.
Investigation is never made by a Magistrate or Court. whereas an inquiry is a judicial proceeding. (3) Investigation is the first stage of a criminal case and is normally followed by inquiry by a Magistrate.
. (4) Investigation is not a judicial proceeding. -Investigation and inquiry both are conducted under the provisions of the Code of Criminal Procedure but the two are different in their object and scope. Inquiry is made by a Magistrate or a Court. The object of inquiry is to determine the truth or falsity of certain facts with a view to taking further action thereon. Inquiry differs from investigation in the following respects: (1)An investigation is made by a police officer or by some person authorized by a Magistrate.
(2) The object of an investigation is to collect evidence for the prosecution of the case.Difference between investigation and inquiry. Inquiry is the second stage of a case and is ordinarily preceded by investigation.
It also includes an execution proceeding.
. The term "judicial proceeding" includes 'inquiry' and 'trial' but not 'investigation'. Judicial proceeding includes the whole proceeding from the filing of the complaint until the decision of the Court.2(i) Judicial Proceeding. -Judicial proceeding includes any proceeding in the course of which evidence is or may be legally taken on oath. Under Section 202 of the Code an inquiry or investigation may be ordered and such inquiry or investigation is a part of judicial proceeding.
as the state government. may.
.2(j) Local jurisdiction in relation to a Court or Magistrate. by notification specify. means the local area within which the Court or Magistrate may exercise all or any of its or his powers under this Code (and such local area may comprise the whole of the State or any part of the state.
or deemed to be declared.
.C.2(k) Metropolitan area means the area declared. under section 8.P. to be a metropolitan area
Section 8 of Cr.
means a person authorized by or under any law for the time being in force. when used with reference to any proceeding in any Court. 2(q) Pleader. -"pleader".2(p) Place. building. 2(r) Police Report.
. A police report as defined in Section 2(r) is confined to a report by a police officer forwarded after completion of investigation and not earlier. and includes any other person appointed with the permission of the Court to act in such proceeding. tent. -'Police report' means a report forwarded by a police officer to a Magistrate under sub-section (2) of Section 173. to practice in such Court. Place means all that is covered by the word within its ordinary dictionary meaning. -Place includes a house. vehicle and vessel.
and includes any person acting under the directions of a Public Prosecutor. The division is made with a view to separate ordinary cases from the serious cases. The division determines the mode or trial.
2(w) Summon Case: .
2(u) Public Prosecutor.. and not being a warrant case. The division has no bearing on the question whether a Summons or a Warrant shall issue in the first instance.
. to be a Police Station. imprisonment for life or imprisonment for a term exceeding two years. .2(s) Police Station.means any person appointed under section 24.'Warrant-case' means a case relating to an offence punishable with death. – Means any post or place declared generally or specially by the State government. and includes any local area specified by the State Government in this behalf.it means a case relating to an offence. The procedure for the trials of summon cases (Chapter XX) is different from that of trial of Warrant cases. 2(x) Warrant-case.
– If accused is released before framing of charge.Acquittal. Consequently it does not bar. An order of acquittal. on the other hand establishes innocence of the accused after full fledged Trial. According to section 300 a person once convicted or acquitted shall not be tried for same offence. further inquiry if fresh facts. while it is not so in case of discharge. Acquittal brings the operation of section 300 of the code. The verdict of acquittal pronounced by a competent court on a lawful charge and after a lawful trial is binding and conclusive in all subsequent proceedings between the parties to the adjudication.
Discharge. It does not establish that the person is innocent but simply means that there is no sufficient evidence to proceed further with the case.
. – If the accused is released after taking evidence of principal witness and after framing of charge it will be acquittal. further evidence and additional materials are available in respect of the same offence.
It includes. .2(n) Offence. any other police officer so present. the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or. when the State Government so directs.
2(o) Officer-in-charge of a Police Station. when the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties. 1871.The term "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 Tresspass Act. any other present. .
parties can compromise only with the permission of the court. – Which cannot be
2(y): .words & expressions used herein and not defined but defined in the Indian Penal Code (45 of 1860) have the meanings respectively assigned to them in that code.parties can compromise without the permission of the court and court can’t reject the compromise. Offences. Non-Compoundable compounded.
. Again of two types: U/s 320(1): .Compoundable Offences. A case may be compounded at any time before sentence is pronounced even at stage when appeal is pending before High Court against Sentence passed by the Magistrate. – It is one in which parties can compromise. U/s 320(2): .