- Crpc came into force on 1st April 1974.
- Crpc is divided into 37 chapters and 484 sections.
- Crpc extends to the whole of India.
- The provisions of chapters 8, 10 and 11 under Crpc shall not apply to the state of Nagaland and to the tribal areas, except in cases where the state government by notification applies such provisions to them.
- Reasons for non-applicability of some of the provisions of Crpc to the state of Nagaland have been stated by the SC in State of Nagaland vs. Rattan Singh.
- The subject of Crpc falls within the concurrent list; therefore, it can be amended by Parliament or any state legislature.
- The unique feature of Crpc is separation of Executive from Judiciary.
- The Code of Criminal Procedure (Amendment) Bill, 1994 was passed by Lok Sabha on 5.5.2005.
- The Code of Criminal Procedure (Amendment) Act, 2005 came into force on 23.6.2006.
- Criminal Law (Amendment) Act, 2013 came into effect on 3.2.2013.
- The classification of offences has been given under First schedule of Crpc.
- Bailable offence (S. 2(a)) means an offence which is shown as bailable in the Ist schedule under Crpc, or which is made bailable by any other law for the time being in force.
- Non- Bailable offence (S. 2(a)) means any other offence. Here, grant of bail is a matter of discretion of the court.
- In a cognizable offence (sec. 2(c)) a police officer may arrest an accused without a warrant. And can investigate without seeking permission from the magistrate.
- In a non-cognizable offence (sec 2(l)) the police officer has no authority to investigate without the order of the magistrate and he can’t arrest a person without a warrant.
- In Crpc the nature of non-cognizable offence is bailable and simple.
- Complaint as provided under section 2(d) is an allegation made either in writing or oral.
- Complaints can be made for both cognizable and non-cognizable offences.
- Complaint doesn’t include a police report.
- Complaint is made to a magistrate.
- The term Inquiry has been defined under sec 2(g) of Crpc.
- Inquiry means every inquiry other than a trial conducted under Crpc by magistrate or court.
- Inquiry is conducted prior to framing of charges.
- The term Investigation has been defined under sec 2(h) of Crpc.
- Investigation is conducted with an object to collect evidence and a magistrate can’t interfere in it.
- Investigation can be conducted by a police officer and a person who is authorized by a magistrate.
- The foundation of investigation is complaint and FIR.
- The term offence has been defined under sec 2(n) of Crpc.
- The term Police report has been defined under sec 2(r) of Crpc.
- The term Public Prosecutor as defined under sec 2(u) of Crpc means and include, any person appointed under section 24 and any person acting under the direction of public prosecutor.
- Warrant case {section 2(x)} means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding 2 years.
- Summons case {section 2(w)} means a case which is not a warrant case, i.e., a case relating to an offence punishable with imprisonment for a term not exceeding 2 years.
- Victim is defined under sec 2(wa) of Crpc, as a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged.
- Victim includes victim’s guarding or legal heir.
- Judicial proceeding includes Inquiry and trial.
- State government may by notification declare any area to be a metropolitan area for the purpose of Crpc whose population exceeds 1 million.
- Children’s court under Juvenile Justice Act, 2000 and Panchayats Adalats are not criminal courts.
- Court of Sessions shall be established by the State government. (Sec. 9)
- An Assistant Sessions Judge is appointed by the high court of the concerned state (Sec. 10)
- High court may upon the request of the central or of state government, confer upon any person who holds or has held any post under government, all the powers of a Judicial Magistrate. Such a magistrate will be called Special Judicial Magistrate. (Section 13)
- Special Judicial Magistrate shall be appointed for a term not exceeding 1 year at a time, as may be directed by high court.
- The local jurisdiction of a judicial magistrate is under the control of Chief Judicial Magistrate, subject to high courts control. (Section 14)
- The Chief Judicial Magistrate may make rules or give special orders from time to time consistent with Crpc as to distribution of business among the subordinate Judical Magistrates (section 15)
- The number of the courts of Judicial Magistrate in a district is decided by state government. (Section 16)
- A person is eligible to be appointed as a public prosecutor only if he has been in practice as an advocate for not less than 7 yrs (sec 24)
- A person can be appointed (by central or state government) as a special public prosecutor only if he has been in practice as an advocate for not less than 10 yrs (sec 24)
- State government is authorised to appoint a public prosecutor for a district.
- Assistant public prosecutor can be appointed under section 25 of Crpc.
- District magistrate can appoint a Police Officer as an assistant public prosecutor for the courts of magistrate.
- Public prosecutor and assistant public prosecutor represent the government.
- Directorate of Prosecution as appointed under section 25A of Crpc shall function under the administrative control of Head of the Home Department of State.
- Section 25A was inserted in Crpc by Crpc Amendment Act, 2005.
- Any offence under IPC may be tried by High court, or the Court of Sessions, or any other court by which such offence is shown in the schedule to be triable. (Sec 26 (a))
Share
Read more
Subscribe Email Alert