Important Provisions and Case Laws of the Code of Criminal Procedure,
1973 (CrPC)
1. Introduction to the Code of Criminal Procedure (CrPC), 1973
● The Code of Criminal Procedure (CrPC), 1973, is the primary procedural law
governing the criminal justice system in India.
● It regulates investigation, inquiry, trial, and sentencing in criminal cases.
● CrPC applies to all criminal courts in India, except for special laws that have their
own procedures (e.g., PMLA, NDPS Act).
● It consists of two parts:
○ Part I (Sections 1-265): General provisions, investigation, trial procedures,
and sentencing.
○ Part II (Sections 266-484): Appeal, revision, execution of sentences, and
miscellaneous provisions.
● It provides mechanisms to protect the rights of victims, accused persons, and the
general public by ensuring due process and fair trials.
2. Hierarchy of Criminal Courts (Sections 6-25)
● Supreme Court – Highest appellate authority in criminal matters.
● High Courts – Supervisory jurisdiction over lower courts and appellate authority.
● Sessions Court:
○ Headed by a Sessions Judge.
○ Deals with serious offenses like murder, rape, and terrorism.
○ Can impose the death penalty, subject to High Court confirmation.
● Magistrate Courts:
○ Chief Judicial Magistrate (CJM): Handles offenses punishable up to 7 years.
○ Metropolitan Magistrate (MM): Found in metropolitan areas, similar to CJM.
○ Judicial Magistrate First Class (JMFC): Handles offenses punishable up to 3
years.
○ Executive Magistrate: Maintains public order, prevents breaches of peace, and
grants preventive detention orders.
Case Law: Sakiri Vasu v. State of UP (2008) – Reaffirmed the supervisory powers of
magistrates in criminal investigations, ensuring judicial oversight.
3. Investigation and Arrest Procedures
Filing of FIR (Section 154)
● An FIR (First Information Report) is registered when a cognizable offense is reported
to the police.
● Cognizable Offense: Police can register an FIR and investigate without prior judicial
approval (e.g., murder, rape, kidnapping).
● Non-Cognizable Offense: Requires prior approval of a magistrate before
investigation (e.g., defamation, public nuisance).
● Delayed FIR: Courts accept FIRs even if filed late, provided there is a valid reason.
Case Law: Lalita Kumari v. Govt. of UP (2013) – Held that registration of an FIR is
mandatory for cognizable offenses, preventing police discretion or delay.
Arrest and Rights of Accused (Sections 41-60A)
● Section 41: Police may arrest without a warrant in cognizable cases if necessary for
investigation.
● Section 46: Arrest must be conducted without unnecessary force or humiliation.
● Section 50: Right to be informed of grounds of arrest and the right to consult a legal
practitioner.
● Section 57: No accused can be detained for more than 24 hours without magistrate
approval.
● Section 167: Allows police custody (max 15 days) or judicial custody (max 90 days for
severe offenses like terrorism).
Case Law: D.K. Basu v. State of West Bengal (1997) – Established guidelines to prevent
custodial torture and emphasized the right to legal representation and medical examination
of detainees.
4. Bail Provisions (Sections 436-450)
Types of Bail:
● Bailable Offense (Section 436): Accused has a right to bail (e.g., defamation, simple
hurt).
● Non-Bailable Offense (Sections 437-439): Court decides on bail based on nature of
the crime, evidence, and accused’s criminal history.
● Anticipatory Bail (Section 438): A person fearing arrest can seek bail in advance from
a Sessions Court or High Court.
Case Law: Gurbaksh Singh Sibbia v. State of Punjab (1980) – Held that anticipatory bail
should be granted liberally unless there is strong evidence of misuse.
5. Types of Criminal Trials
Summons Case (Sections 251-259)
● For minor offenses punishable by up to 2 years.
● Faster disposal, as formal charge framing is not required.
Warrant Case (Sections 238-250)
● For serious offenses punishable by more than 2 years.
● Requires charge framing and detailed procedural safeguards.
Sessions Trial (Sections 225-237)
● Conducted for serious offenses like murder, rape, terrorism.
● Presided over by a Sessions Judge, with evidence formally recorded.
Case Law: State of Maharashtra v. Salman Khan (2015) – Distinguished between summons
and warrant trials, clarifying that serious offenses must be tried as warrant cases.
6. Appeal, Revision, and Review (Sections 372-405)
● Section 372: Victims can appeal against acquittal.
● Section 374: Convicts can appeal to a higher court.
● Section 397: High Courts and Sessions Courts have revisionary jurisdiction to correct
legal or procedural errors.
Case Law: Zahira Habibulla v. State of Gujarat (2004) (Best Bakery Case) – Strengthened the
right to a fair trial and witness protection, ensuring justice in communal violence cases.
7. Sentencing and Execution (Sections 53-75, 432-435)
● Types of Punishment: Death penalty, life imprisonment, imprisonment, fine, and
community service.
● Section 432: Government has the power to remit or suspend sentences.
Case Law: Kehar Singh v. Union of India (1989) – Clarified executive clemency limits, ruling
that presidential pardons under Article 72 must be exercised judiciously.
8. Maintenance of Public Order (Sections 129-148)
● Section 144: Magistrate can impose prohibitory orders in case of public disturbances.
● Section 145: Procedure for disputes concerning land possession to prevent breaches
of peace.
● Section 151: Preventive detention for persons suspected of committing offenses.
Case Law: Madhu Limaye v. Sub-Divisional Magistrate (1970) – Held that Section 144
cannot be misused to curb fundamental rights arbitrarily.
9. Victim Compensation and Protection (Sections 357-357A)
● Section 357: Courts can grant compensation to crime victims.
● Section 357A: State governments must establish funds for victim rehabilitation.
Case Law: Delhi Domestic Working Women’s Forum v. Union of India (1995) – Mandated
compensation and psychological support for rape victims.
10. Conclusion
● The CrPC, 1973, is vital for ensuring due process and upholding justice.
● Courts continuously interpret and refine criminal procedures to protect human
rights.
● Recent reforms emphasize speedy trials, victim rights, and police accountability.
This document serves as a comprehensive reference for competitive exams and legal studies.
