CRIMINAL PROCEDURE CODE, 1973CRIMINAL PROCEDURE CODE, 1973

A Presentation for POs of RCTs

HISTORYHISTORY

ANCIENT INDIAPrior to the conquest of India by Muslims, the Hindu Criminal Law was prevailing in India, which was well established and well defined.Circumstantial evidence was sufficient to punish or acquit a criminal.Accused was entitled to produce any witness in his defense.

Trial by ordeal was frequently used to determine the guilt of the personAlso trial by jury existedPunishment was considered to be a sort of expiation which removed impurities from the man.

Medieval IndiaAfter the conquest of India by the Muslims, the Mohammedan Criminal Law came into existence.The courts while deciding the criminal cases were guided by this law.In 1773, the Regulating Act was enacted under which a Supreme Court was established in Calcutta and later on at Madras in Bombay. This introduced English law in India.The Supreme Court was to apply British Procedural Law while deciding the cases of the Crown’s subjects.In 1790, Lord Cornwallis found the Mohammedan Criminal Law defective in many respects and introduced reforms.

Criminal Procedure Code, 1861After the Mutiny in 1857, the British Govt. dissolved the East India Company and direct responsibility of administration in India was taken by the Crown.Faced many difficulties in controlling Judicial Administration in the absence of suitable substantive as well as procedural legislation.With a view to provide criminal procedural law to the British administrators in India, the British Parliament passed a Code of Criminal Procedure in 1861 which was amended in 1869 and finally replaced by Code of Criminal Procedure 1872.

In 1898, the Code of Criminal Procedure was supplemented by a new Code vide Act V of 1898, which formed the basis of the present Code of Criminal Procedure.After Independence, this Code was amended from time to time by various Central and State Acts.In 1955, the amendments in this Code were made with intent to simplify procedures and speed up trials.Finally, in 1973, major amendments were made in the Code of Criminal Procedure, 1898 and the old Code was replaced by the Code of Criminal Procedure, 1973.

IMPORTANT CHANGESIMPORTANT CHANGES

1. The preliminary enquiry which precedes the trial by Court of Sessions was abolished.

2. Provisions made to enable adoption of summons procedure for the trial of offences punishable with imprisonment up to 2 years instead of up to 1 year.

3. The scope of summary trial has been widened by including offenses punishable with imprisonment up to 1 year instead of 6 months.

4. The powers of revision against interlocutory orders have been taken away.

5. The provision for mandatory stoppage of proceedings by a subordinate court, on the mere intimation from a party of his intention to move a higher court for transfer of case has been omitted and a further provision has been made to the effect that the court hearing the transfer application shall not stay the proceedings unless it is necessary to do so in the interest of justice.

6. When adjournments are granted at the instance of either party, the court has been empowered to order costs to be paid by the party seeking adjournment to the other party.

7. Provisions have been made for the service of summons by registered post in certain cases.

8. In petty cases, the accused, has an opportunity to plead guilty by post, and to remit the fine specified in the summons.

9. If court of appeal or revision discovers that any error, omission or irregularity in respect of charge has occasioned failure of justice, it need not necessarily order a retrial.

10. The facility of part heard cases being continued by successor in office available in respect of Courts of Magistrates has been extended to Courts of Session.

11. Judiciary has been completely separated from the executive.

12. Provisions have been made for legal aid to indigent accused in cases triable by Court of Session. The State government may extend this facility to other categories of cases.

13. The court has been empowered to order payment of compensation by the accused to the victims of crime to a larger extent than was provided in the old Code.

14. When a commission is issued for the examination of witnesses for the prosecution, the cost incurred by the defense including pleader’s fee, may be ordered to be paid by the prosecution.

15 An opportunity is given to the accused to make representation against the punishment before it is imposed.

CONTENTSCONTENTS

Chapter I: Preliminary (Sec.1 to 5) Chapter II: Constitution of Criminal Courts and

offices (Sec. 6 to 25) Chapter III – Power of Courts (Sec.26 to 35) Chapter IV-A – Powers of superior officers of

police (Sec.36)

Chapter IV-B – Aid to magistrates and police (Sec.37 to 40)

Chapter V – Arrest of persons (Sec.41 to 60) Chapter VI – Processes to compel appearances

(Sec.61 to 90) Chapter VII – Processes to compel the

production of things (Sec.91 to 105-L) Chapter VIII – Security for keeping the peace

and for good behaviour (Sec,106 to 124)

Chapter IX – Order for maintenance of wives, children and parents (Sec.125 to 128)

Chapter X – Maintenance of public order and tranquility (Sec.129 to 148)

Chapter XI – Preventive Action of the Police (Sec.149 to 153)

Chapter XII – Information to the Police and their powers to investigate (Sec.154 to 176)

Chapter XIII – Jurisdiction of criminal courts in inquiries and trials (Sec.177 to 189)

Chapter XIV – Conditions requisite for initiation of proceedings (Sec.190 to 199)

Chapter XV – Complaints to Magistrate (Sec.200 to 203)

Chapter XVI – Commencement of proceedings before magistrate (Sec.204 to 210)

Chapter XVII – The charge (Sec.211 to 224) Chapter XVIII – Trial before a court of session

(Sec.225 to 237)

Chapter XIX – Trial of warrant-cases by magistrates (Sec.238 to 250)

Chapter XX – Trial of summons-case (Sec.251 to 259)

Chapter XXI – Summary trials (Sec.260 to 265) Chapter XXII – Attendence of persons confined

or detained in prisons (Sec.266 to 271) Chapter XXIII – Evidence in Inquiries and trials

(Sec.272 to 299)

Chapter XXIV – General provisions as to inquiries and trials (Sec.300 to 327)

Chapter XXV – Provisions as to accused persons of unsound mind (Sec.328 to 339)

Chapter XXVI – Provisions as to offences affecting the administration of justice (Sec.340 to 352)

Chapter XXVII – The Judgement (Sec.353 to 365)

Chapter XXVIII – Submission of death sentences for confirmation (Sec.366 to 371)

Chapter XXIX – Appeals (Sec.372 to 394) Chapter XXX – Reference and revision (Sec.395

to 405) Chapter XXXI – Transfer of criminal cases

(Sec.406 to 412) Chapter XXXII – Execution, suspension,

remission and commutation of sentences (Sec.413 to 435)

Chapter XXXIII – Provisions as to bail and bonds (Sec.436 to 450)

Chapter XXXIV – Disposal of property (Sec.451 to 459)

Chapter XXXV – Irregular proceedings (Sec.460 to 466)

Chapter XXXVI – Limitation for taking cognizance of certain offences (Sec.465 to 473)

Chapter XXXVII – Miscellaneous (Sec.474 to 484)

SCHEDULESSCHEDULES

First ScheduleClassification of offences

Second ScheduleForms

CLASSES OF MAGISTRATESCLASSES OF MAGISTRATES

SUBORDINATE EXECUTIVE M AGISTRATE

SUB DIVISIONAL MAGISTRATE

ADDL. DISTRICT MAGISTRATE

DISTRICT M AGISTRATE

EXECUTIVE

M AGISTRATE OF SECOND CLASS

ADDL CJM /MAGISTRATE OF FIRST CLASS

CHIEF JUDICIAL MAGISTRATE

JUDICIAL MAGISTRATE

M AGISTRATE

POWERS OF COURTSPOWERS OF COURTS

Name of the Court Punishment

i)Supreme Court Any punishment

ii)High Court Any punishment

iii)Sessions& District Judge Death sentence, life imprisonment(to be ratified by HC) and fine

iv)Additional session Judge Death sentence, life imprisonment(to be ratified by HC) and fine

v)Assistant Session Judge Ten years imprisonment and fine

vi)Chief Judicial Magistrate Seven years imprisonment and fine

vii)Additional Chief Judicial Magistrate

Seven years imprisonment and fine

viii)Chief Metropolitan Magistrate

Seven years imprisonment and fine

ix)Addl Chief Metropolitan Magistrate

Seven years imprisonment and fine

x)Judicial Magistrate First class

Three years imprisonment and fine

xi)Metropolitan Magistrate Three years imprisonment and fine upto Rs.5000/-

xii)Judicial Magistrate second class

One year imprisonment and fine upto Rs.1000/-

xiii)Special judicial Magistrate One year imprisonment and fine upto Rs.1000/-