Understanding the Code of Criminal Procedure, 1973

Posted on Mar 27, 2025 in Criminology

The Code of Criminal Procedure, 1973

The Code of Criminal Procedure (CrPC) establishes the framework for apprehending criminals, investigating criminal cases, conducting trials in criminal courts, and imposing appropriate punishments on guilty individuals. It serves as an adjective law, but also encompasses substantive provisions (e.g., Chapters VIII, IX, X, and XI). Its primary objective is to provide a mechanism for determining guilt and administering punishment to offenders under substantive criminal law, such as the Indian Penal Code (IPC). The CrPC and IPC are intended to be interpreted in conjunction.

Key Concepts

• Mens Rea: A guilty mind; a subjective element and an essential ingredient in every criminal case.
• Bailable Offense: Specified in the First Schedule of the CrPC.
• Non-Bailable Offense: Any offense not listed as bailable.
• Cognizable Offense: Serious offenses that allow for arrest without a warrant.
• Non-Cognizable Offense: Less serious offenses requiring a magistrate’s permission for arrest.

Arrest Procedures

Arrest Without Warrant (Section 41)

An arrest without a warrant is permissible under the following circumstances:

• Committing a cognizable offense with credible information available.
• Possession of housebreaking implements.
• Being a proclaimed offender.
• Possession of stolen property.
• Obstructing a police officer in the performance of their duty.
• Being a deserter from the Armed Forces of the Union.
• Committing an act outside India that would constitute an offense if committed within India.
• Violating release conditions as a released convict.
• When a requisition for arrest is received from another police officer.

Arrest by a Private Person

A private individual may arrest or cause the arrest of any person who, in their presence, commits a non-bailable and cognizable offense or who is a proclaimed offender.

Production of Arrested Person Without Warrant

An arrested person must be handled as follows:

1. They can be held in custody for a maximum of 24 hours.
2. Before the 24-hour period expires, they must be presented before the nearest Magistrate.
3. The Magistrate can, under Section 167, order detention for up to 15 days, or the person can be taken to a Magistrate with jurisdiction over the trial.
4. Such Magistrate can remand the person to custody for a term exceeding 15 days, but not more than 60 days.

Complaint

A complaint is a written or oral statement made to a magistrate. It excludes police reports unless made after investigation.

Bail

Bail refers to the release of an accused person from the custody of law enforcement officers.

Anticipatory Bail

Anticipatory bail is granted by the High Court or a Court of Session to a person who anticipates arrest for a non-bailable offense but has not yet been arrested.

Investigation, Inquiry, and Trial

The typical sequence is investigation, followed by inquiry or trial.

• Inquiry: Every inquiry other than a trial, conducted by a magistrate or court, and ceases when the trial begins.
• Investigation: Conducted by a police officer or an officer authorized by a magistrate, but not by the magistrate themselves, for the purpose of collecting evidence.

Types of Cases

• Warrant Case: An offense punishable with death, imprisonment for life, or imprisonment for a term exceeding two years.
• Summons Case: Any case other than a warrant case, i.e., an offense punishable with 2 years or less imprisonment.

Classes of Criminal Courts

There are five classes of criminal courts:

1. High Courts
2. Courts of Session
3. Judicial Magistrates of the First Class (and Metropolitan Magistrates in metropolitan areas)
4. Judicial Magistrates of the Second Class
5. Executive Magistrates

Additionally, courts may be constituted under other laws. The Supreme Court also possesses some criminal powers, with Article 134 granting appellate jurisdiction in criminal matters from a High Court in specific cases.

Court Powers

Sentence of Imprisonment in Default of Fine

A Magistrate’s Court may award imprisonment for non-payment of a fine, provided that:

1. The term does not exceed the Magistrate’s powers under Section 29.
2. If imprisonment is part of the substantive sentence, the default term should not exceed 1/4th of the imprisonment term the Magistrate can inflict for the offense.

Summons

• Purpose: For appearance or producing a document or thing.
• Issued to: An accused person or witness.
• Form: Always in writing.
• Signature: Presiding Officer of the Court or an officer authorized by the High Court.
• Seal: Must bear the seal of the Court.

Service of Summons

Service can be performed by a police officer, an officer of the Court, or another public servant.

If service cannot be effected with due diligence, substituted service can be performed by affixing a duplicate of the summons to a conspicuous part of the person’s residence.

Service on Corporations

Summons are served on the secretary, local manager, or other principal officer of the corporation.

Warrant

• Purpose: For protection of a person before the concerned Court, not before the police officer.
• Conditions:
  1. Must be in writing.
  2. Must bear the name and designation of the person who is to execute it.
  3. Must give the full name and description of the person to be arrested.
  4. Must state the offense charged.
  5. Must be signed by the presiding officer.
  6. Must be sealed.

The executing officer must bring the arrested person before the Court without unnecessary delay, not exceeding 24 hours, excluding travel time.

If a warrant remains unexecuted, the Code provides for issuing a proclamation (Section 82) and attachment and sale of property (Section 83).

Search Warrant

A search warrant can be issued only when:

1. The Court believes a person summoned to produce a document or thing will not do so.
2. The document or thing is not known to be in the possession of any person.
3. A general inspection or search is necessary.

A search warrant may be general or restricted in scope.

Note: A warrant shall not be issued for searching a document, parcel, or other thing in the custody of the postal or telegraph authority by a magistrate other than a District Magistrate or Chief Judicial Magistrate, nor would such warrant affect Sections 123 and 124 of the Indian Evidence Act, 1872, or the Bankers’ Book Evidence Act, 1891.

Cognizance of an Offense

Any Magistrate of the First Class and specially empowered Magistrates of the Second Class may take cognizance of an offense upon:

1. Receiving a complaint of facts constituting such offense.
2. A police report of such facts.
3. Information received from any person other than a police officer.
4. Their own knowledge that such offense has been committed.

Limitation Period

No Court shall take cognizance of an offense after the expiry of the following limitation periods:

• Six months, if the offense is punishable with fine only.
• One year, if the offense is punishable with imprisonment up to one year.
• Three years, if the offense is punishable with imprisonment exceeding one year but not exceeding three years.

Summary Trial (Upto 2 Years Imprisonment Cases Only)

Summary trial means the “speedy disposal” of cases, generally applying to offenses not punishable with imprisonment for a term exceeding two years.

Section 260(1) of the Criminal Procedure Code outlines provisions for summary trials:

Any Chief Judicial Magistrate, Metropolitan Magistrate, or Magistrate of the First Class specially empowered by the High Court may try the following offenses in a summary way:

1. Offenses not punishable with death, imprisonment for life, or imprisonment for a term exceeding two years.
2. Theft under Section 379, Section 380, or Section 381 of the Indian Penal Code, where the value of the property stolen does not exceed Rs. 200.
3. Receiving or retaining stolen property under Section 411 of the Indian Penal Code, where the value of such property does not exceed Rs. 200.
4. Assisting in the concealment or disposal of stolen property under Section 414 of the Indian Penal Code, where the value of such property does not exceed Rs. 200.
5. Offenses under Sections 454 and 456 of the Indian Penal Code.
6. Insult with intent to provoke a breach of the peace under Section 504 of the Indian Penal Code.
7. Abetment of any of the foregoing offenses.
8. An attempt to commit any of the foregoing offenses, when such attempt is an offense.
9. Any offense constituted by an act in respect of which a complaint may be made under Section 20 of the Cattle Trespass Act, 1871.

Sub-section (2) states that if, during a summary trial, the Magistrate deems it undesirable to continue summarily, they shall recall witnesses and rehear the case in the manner provided in the Code.

Summary trial is a speedy trial dispensing with formalities or delays in proceedings.

Section 262 outlines the procedure for summary trials. Sub-section (1) states that the summons-case procedure should be followed in all summary trials, irrespective of the nature of the case. Sub-section (2) limits the sentence of imprisonment to a term not exceeding 3 months in any conviction in summary trials.