Class Notes on Criminal Procedure Code (CrPC)
Introduction to CrPC
• Definition: The Criminal Procedure Code, 1973 (CrPC) is the main legislation on the
procedure for administration of substantive criminal law in India.
• Objective: To consolidate the law relating to criminal procedure and ensure a uniform
process of justice.
• Structure: The CrPC is divided into 37 chapters, 2 schedules, and 484 sections.
Key Features of CrPC
1. Classification of Offenses:
o Cognizable and Non-Cognizable Offenses:
▪ Cognizable: Police can arrest without a warrant (e.g., murder, theft).
▪ Non-Cognizable: Police require prior approval from a magistrate (e.g.,
defamation, public nuisance).
o Bailable and Non-Bailable Offenses:
▪ Bailable: Bail is a matter of right (e.g., minor theft).
▪ Non-Bailable: Bail is discretionary (e.g., murder, kidnapping).
2. Authorities Under CrPC:
o Police: Investigation, collection of evidence, and arrest.
o Magistrates: Granting bail, conducting trials, and passing judgments.
o Courts: Hierarchical structure for appeals and trials.
3. Types of Trials:
o Sessions Trial: For serious offenses (e.g., murder).
o Warrant Trial: For offenses punishable with imprisonment exceeding two years.
o Summons Trial: For lesser offenses.
o Summary Trial: For petty offenses.
4. Arrest and Bail:
o Arrest procedures under Section 41.
o Provisions for bail under Sections 436, 437, and 439.
5. Investigation:
o Defined under Sections 154-176.
o Includes filing of FIR (First Information Report) under Section 154.
o Collection of evidence and interrogation.
Important Sections in CrPC
1. Section 2: Definitions (e.g., "bailable offense," "cognizable offense").
2. Section 41: Powers of police to arrest without warrant.
3. Section 154: Procedure for filing FIR.
4. Section 167: Procedure for remand of accused to custody.
5. Section 190: Cognizance of offenses by Magistrates.
6. Section 309: Power to adjourn proceedings.
7. Section 320: Compoundable offenses.
8. Section 482: Inherent powers of the High Court.
Stages of a Criminal Case
1. Pre-Trial Stage:
o Filing of complaint/FIR.
o Investigation by police.
o Filing of charge sheet.
2. Trial Stage:
o Framing of charges.
o Examination of witnesses and evidence.
o Final arguments.
3. Post-Trial Stage:
o Judgment and sentencing.
o Appeal, revision, or review if applicable.
Key Concepts in CrPC
1. FIR (First Information Report):
o Essential for starting an investigation.
o Mandatory for cognizable offenses.
2. Charge Sheet:
o Document filed by police with evidence against the accused.
3. Summons and Warrant:
o Summons: Order to appear in court.
o Warrant: Written authority for arrest or search.
4. Plea Bargaining:
o Introduced in 2005 for certain offenses to reduce the burden on courts.
Hierarchy of Criminal Courts
1. Supreme Court:
o Final appellate authority.
2. High Court:
o Supervisory and appellate jurisdiction over subordinate courts.
3. Sessions Court:
o Handles serious offenses.
4. Magistrate Courts:
o Judicial Magistrates (First and Second Class) handle less severe cases.
Recent Amendments and Case Laws
1. Amendments:
o Criminal Law (Amendment) Act, 2018: Stricter punishments for crimes against
women.
o E-Courts Project: Digitalization of court processes.
2. Case Laws:
o Lalita Kumari v. Govt. of U.P. (2013): Mandatory registration of FIR for cognizable
offenses.
o Maneka Gandhi v. Union of India (1978): Emphasis on fair procedure.
Significance of CrPC
• Ensures procedural fairness.
• Protects the rights of accused and victims.
• Facilitates effective administration of justice.
Conclusion: The CrPC acts as the backbone of criminal law in India, ensuring justice through a well-
defined process while balancing the rights of individuals and the state.
