CPC and CrPC Procedure+ PPT
Introduction
What is administration of justice?
Origin and growth
Advantages and disadvantages
Types
Civil justice system
I. Structure of the Civil Procedure Code (CPC), 1908
The CPC is divided into two parts:
1. The Sections (Section 1 to 158)
These lay out the general principles governing civil procedure.
2. The Orders and Rules
There are 51 Orders (Order I to LI), each having multiple Rules, which contain detailed
procedural steps.
II. Step-by-Step Procedure of a Civil Suit Under CPC
1. Institution of Suit
[Section 26, Order IV Rule 1]
• A civil suit starts when a plaintiff files a plaint in the court with jurisdiction.
• Required documents:
o Plaint (written complaint)
o Vakalatnama (if represented by an advocate)
o Court fees and affidavits
o Any relevant documents
2. Issuance of Summons
[Order V]
• Once the plaint is admitted, the court issues summons to the defendant.
• Defendant is required to appear and file a written statement within 30 days,
extendable to 90 days with reasons.
3. Written Statement and Set-off/Counterclaim
[Order VIII]
• Defendant replies point-by-point to the plaint.
• May include:
o Set-off: If plaintiff owes money to defendant.
o Counterclaim: New claim by defendant against plaintiff.
• Plaintiff may file a replication.
4. Examination of Parties
[Order X]
• The court may examine both parties personally to:
o Clarify issues.
o Encourage settlement.
5. Discovery and Inspection
[Order XI & XII]
• Both parties disclose relevant documents.
• Discovery: Each side may interrogate the other (written questions).
• Inspection: Parties inspect documents submitted by the opponent.
6. Framing of Issues
[Order XIV Rule 1]
• Court frames the “issues” (questions of law and fact to be decided).
• E.g., “Whether the plaintiff is the legal owner of the property?”
7. Summoning and Attendance of Witnesses
[Order XVI]
• Both parties summon their witnesses through court.
• The court may also call witnesses suo moto.
8. Evidence Stage
[Orders XVIII, XIX]
• Examination-in-Chief: By affidavit (as per Order XVIII Rule 4).
• Cross-Examination: By opposing party.
• Re-Examination: To clarify points.
• Documentary evidence is marked and exhibited.
9. Final Arguments
• Both parties' lawyers argue the case based on:
o Facts presented
o Evidence and documents
o Relevant laws and precedents
10. Judgment and Decree
[Order XX]
• Court pronounces judgment (reasoned decision).
• A decree follows: formal expression of the judgment.
III. Post-Judgment Procedures
a. Appeal
[Section 96, Order XLI]
• Appeal lies to higher court on questions of law/fact.
• Time limits: Usually 30–90 days.
b. Review
[Section 114, Order XLVII]
• Review by same court if:
o Error apparent
o Discovery of new evidence
c. Revision
[Section 115]
• For correcting jurisdictional or procedural errors.
• Filed in High Court.
IV. Execution of Decree
[Section 36–74, Order XXI] Once a decree is passed, the winning party can enforce it through:
Modes of Execution:
• Attachment of property
• Wages/garnishee orders
• Arrest and detention of judgment-debtor
• Sale of property
• Appointing a receiver
V. Special Types of Suits Under CPC
Type of Suit Relevant Order Description
Special procedure for suits involving
Suits by/against Govt. Order XXVII
government
In forma pauperis (Poor
Order XXXIII For people unable to afford court fees
Persons)
Representative Suit Order I Rule 8 Class action suits (e.g., consumer cases)
Section 88, Order When multiple parties claim the same
Interpleader Suit
XXXV property
Injunctions Order XXXIX Temporary or permanent restraint orders
Summary Suits Order XXXVII For recovery of debts, fast-track suit
VI. Important Doctrines under CPC
Doctrine Meaning
Res Judicata (Section 11) A matter once decided can’t be reopened between same parties
Sub Judice (Section 10) Trial of a case stayed if same matter is pending elsewhere
Constructive Res Judicata You must raise all defenses/claims at once
Doctrine of Set-off Defendant can offset a claim of equal value
Criminal Procedure
I. What is CrPC?
• The Code of Criminal Procedure, 1973 lays down the procedural framework for
investigation, trial, and punishment of criminal offenses in India.
• It doesn’t define crimes — that’s done by the Indian Penal Code (IPC), 1860 — but
CrPC provides the steps to be followed once a crime is alleged.
II. Structure of the CrPC
The CrPC has:
• 2 Schedules
• 37 Chapters
• 484 Sections
Key parts:
• Section 1–2: Definitions
• Section 154–176: Investigation
• Section 190–210: Initiation of proceedings
• Section 238–250: Trial procedures
• Schedules: Forms, classification of offenses
III. Step-by-Step Criminal Procedure in India
1. Filing of FIR (First Information Report)
[Section 154 CrPC]
• Filed at a police station when a cognizable offence (e.g., murder, rape, theft) is
reported.
• Must be recorded in writing and signed by the complainant.
• In non-cognizable cases, police need prior approval from a Magistrate.
2. Police Investigation
[Sections 156–173]
• Crime scene visit, collection of evidence, examination of witnesses, arrests.
• Arrest (with/without warrant) may occur if needed.
• Medical tests, forensic samples, or confession recordings may be done.
• At the end: Charge Sheet (Section 173) is filed if evidence supports prosecution.
3. Bail
[Sections 436–439]
• Types of offences:
o Bailable: Accused has the right to bail (e.g., simple hurt).
o Non-bailable: Bail at the discretion of court (e.g., rape, murder).
• Bail applications can be made before:
o Police
o Magistrate
o Sessions Court or High Court (anticipatory or regular bail)
4. Cognizance by Magistrate
[Sections 190–199]
• After receiving a charge sheet or complaint, a Magistrate may take cognizance (i.e.,
formally notice the offense).
• May issue:
o Summons
o Warrants
o Or dismiss the complaint if no case is made out
5. Committal of Case to Sessions Court
[Sections 209–210]
• For serious crimes (punishable by >7 years or life), the Magistrate commits the case to
Sessions Court for trial.
6. Framing of Charges
[Sections 211–224]
• Court frames specific charges based on the offense.
• Accused can plead guilty or claim trial.
7. Trial Process
a. Types of Trials
Type of Trial Used For Jurisdiction
Summary Trial Minor offenses Magistrate
Summons Trial Less serious offenses Magistrate
Warrant Trial Serious offenses Magistrate or Sessions
Sessions Trial Heinous crimes (e.g. murder) Sessions Court
b. Stages in Trial
[Sections 230–250]
1. Opening statements
2. Examination of witnesses (by prosecution)
3. Cross-examination (by defense)
4. Defense evidence
5. Final arguments
6. Judgment (conviction or acquittal)
7. Sentencing (if convicted)
8. Judgment and Sentencing
[Sections 353–365]
• Court pronounces judgment in open court.
• If guilty, judge pronounces sentence:
o Imprisonment
o Fine
o Probation
o Death (rare)
IV. Post-Trial Remedies
a. Appeal
[Sections 372–394]
• Can be made by convicted person, prosecution, or victim (in certain cases).
• To:
o Sessions Court (from Magistrate)
o High Court (from Sessions)
o Supreme Court (Special Leave Petition under Article 136)
b. Revision
[Sections 397–405]
• Used when there’s a serious error or irregularity by a lower court.
c. Review
• Not directly allowed under CrPC, but can be sought through constitutional provisions
(Article 137, etc.)
V. Execution of Sentences
[Sections 418–435]
• Sentence is carried out:
o Police or jail authorities execute imprisonment.
o District Collector may execute fines.
o Mercy petition to Governor (Article 161) or President (Article 72).
VI. Key Concepts in CrPC
Concept Description
Cognizable Offense Police can arrest without warrant (e.g., murder)
Non-Cognizable Offense Police need magistrate’s approval to act
Compoundable Offense Can be settled out of court (e.g., hurt)
Non-Compoundable Offense Cannot be settled; must be tried (e.g., rape)
Anticipatory Bail (Section
Bail in advance of arrest for non-bailable offenses
438)
Police custody or judicial custody while investigation
Remand (Section 167)
continues
