CrPc Notes Chapter 1st (The Code of Criminal Procedure 1973)

CrPc Notes Chapter 1st

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The Code of Criminal Procedure 1973

S.No             Topics

  1. S ection 1. Short title, extent and commencement.
  2. S ection 2. Definitions.
  3. S ection 3. Construction of references.
  4.  Section 4. Trial of offences under the Indian Penal Code and other laws.
  5.  Section 5. Saving.

Question 1.         What is the meaning of Tribal Area under CrPC?

Question 2.         Write  following  definition:

  • Inquiry
  • Investigation
  • Cognizable Offence
  • Complaint

Question  3.        Where CrPC is made applicable ?

Question 4.         Write about difference between Bailable & Non bailable Offences.

Section-1

  • The name of this code is Criminal Procedure Code, 1973 but in short it is known as Cr.P.C
  • It extends to the whole India( including J & K by the J & K Reorganisation Act, 2019  w.e.f. 31-10-2019) But Only three chapters apply to Nagaland and the tribal areas:
  • VIII (Security for keeping the peace and for good behaviour),
  • X (Maintenance of public order and tranquility),
  • XI (Preventive action of the police).

Rest provisions of CrPC are not made applicable

But Concerned State Govt. may apply such provisions to whole or part of the State of nagaland or tribal areas by notification with such supplemental, incidental or consequential modifications

Tribal Areas– In this Section, “ tribal areas’ means the territorities which before 21st Jan.1972,were included in the tribal areas of Assam as mentioned in 6th schedule para 20 of constitution, excluding shillong municipal area.

  • Came in force 1st April 1974

Section -2 ( Definitions)

Section 2(a) – Bailable Offence & Non – Bailable offence

Bailable Offencemeans an offence which is shown as bailable in the first schedule or which is made bailable by any other law for the tme being in force. Non-bailable offence means any other offence.

Difference between Bailable offence and Non-bailable offence

 Bailable offenceNon-bailable offence
 Definition Section 2(a)Definition Section 2(a)
 Means an offence which is shown as bailable in the first schedule or which is made bailable by any other law for the tme being in force.means any other offence.
 Bail may be claimed as a matter of right.Bail can not be claimed as a matter of right but it depends on the discretion of court.
 Provisions about bail for the bailable offences are laid down under section 436.                                                     (c) Provisions about non-bailableoffences down under Section 436 of Cr.P.Care laid down under section 437.
 All offences under local or special law carrying imprisonment up to 3 years or less.Are imprisonment more than 3 years

Section – 2(b) Charge            2(b) + 211

Charge means equivalent to a Document ( Formal statement of court) in which an information is given that all legal  conditions  required by law to constitute an offence is fulfilled by a particular person (accused) and he is being prosecuted for the offence

It can have one head or more head.

One head ( one section)

More head ( more section)

Section 2(c) – Cognizable Offence

Definition – “cognizable offence” means an offence for which, and “cognizable case” means a case i n which, a police officer can arrest without warrant in accordance with the First Schedule or under any  o ther law for the time being in force.  

 

Difference between cognizable offence and non-cognizable offence

 cognizable offencenon-cognizable offence  
 2(c)2(l)
 Definition – “cognizable offence” means an offence for which, and “cognizable case” means a case i n which, a police officer may, in accordance with the First Schedule or under any  o ther law for the time being in force, arrest without warrant.Definition – “non-cognizable offence” means an offence for which, and “non-cognizable case”means a case in which, a police officer has no authority to arrest without warrant.  
 Police-officer can arrest without warrant of Magistrate.Police-officer cannot arrest the accused without warrant. Magistrate can issue warrant to arrest the accused of non-cognizable offence.
 Cognizable offences are serious crime and affect the whole society so special powers are given to police officer.non-cognizable offences are ordinary so special powers are not  given to police officer.
 In first schedule of Cr.P.C., these offences are    shown as cognizable offences.(d) In first schedule of Cr.P.C., these offences are    shown as non- cognizable offences.

Section 2(d) – Complaint

“complaint” means any allegation made orally or in writing to a Magistrate, with a v iew to his taking action under this Code, that some person, whether known or  u nknown, has committed an offence, but does not include a police report.

            Explanation.—A report made by a police officer in a case which discloses, after I nvestigation, the commission of a non-cognizable offence shall be deemed to be a c omplaint; and the police officer by whom such report is made shall be deemed to be t he complainant;

The essentials of a complaint are:

  • It should be an oral or written allegation;
  • that some person known or unknown has committed an offence;
  • to a Magistrate;
  • with the object that he should take action against that person  known or unknown
  • who has commiited offence.

*FIR only in cognizable matters but complaint in both.

*It does not include police reports.

  • If after investigation, Non Cog. Offence is found out then Police report becomes complaint and the police officer complainant.

Difference between FIR and Complaint

 FIRComplaint
1.First information is given to Officer in Charge of Police in Cognizable OffenceOral or written statement is given to magistrate with a view to taking action against that person  known or unknown who has commiited offence.  
2.Only in Cognizable offencesBoth Cognizable and non Cognizable Offences.
3.A copy of FIR is given to informant free of cost without any delayNo such copy is given to the complainant
4.Officer In Charge of Police gives a copy of FIR to Magistrate.No copy is given to Police Officer

Section 2(e) – High Court

“ High Court” means,

  • in relation to any State, the High Court for that State;
  • in relation to a Union territory to which the jurisdiction of the High Court for a S tate has been extended by law, that High Court;
  • i n relation to any other Union territory, the highest Court of criminal appeal for t hat territory other than the Supreme Court of India;
  • For each state, there is a High Court of that State. For example; for the State of Uttar Pradesh, High Court means the Allahabad High Court.
  • For Union territory to which the jurisdiction of the High Court of a State has been extended, that High Court For instance, for Andaman and Nicobar Island the High Court of Calcutta.

For Chandigarh – the high court of Punjab

  • For other union territories, the highest court of criminal appeal for that territory (but not the Supreme Court)

are High Courts within the meaning of this section.

Section 2(f)

“India” means the territories to which this Code extends;

India means  to which the Code extends.

According to Section 1 of the Code it extends to the whole  India.

But only three Chapters i.e. chapter VIII, X and XI will apply to the State of Nagaland and the tribal areas. Thus, India means and includes the whole of Indian territory .

Section 2(g) “Inquiry”

inquiry” means every inquiry, other than a trial, conducted under this Code by a M agistrate or Court;

Inquiry stops when trial begins. Inquiry is wider than trial.

The Word”  inquiry”  means an inquiry after the case is brought to the notice of the court on filing of charge- sheet ( Police report) and not relating to the investigation of the case by the investigating agency. It should be conducted by a Court or Magistrate.

Section 2 (h) “investigation”

It includes

  • All the proceedings under this Code
  • by a police officer ( Investigation Officer  or  IO) or by any person (other than a Magistrate) who is authorised by a Magistrate
  • for the collection of evidences

Section 2(i) – “judicial proceeding”

includes any proceeding in the course of which evidence is or may be legally taken on oath;

  • It includes “inquiry” and “trial” but not investigation.

•   In which evidence  m ay be legally taken on oath;

  • It is a general term for proceeding in Courts;

Section 2(j) – “ local jurisdiction”

  • Local jurisdiction means territorial jurisdiction (an area),  on which the Court or Magistrate may exercise all powers or any of its or his powers under this C ode.

Section 2(k) –

Section 8 of the Code empowers the State Governments to declare an area with a population exceeding one million (10,00,000) to be a metropolitan area by notification

 Mumbai, Calcutta, Chennai, Delhi and Ahmedabad cities have been declared to be metropolitan areas.

Section 2(l) –  “non-cognizable offence”

means an offence for which, and “non-cognizable case”means a case in which, a police officer has no authority to arrest without warrant.

  • Non-cognizable offences are the offences which are shown as non-cognizable in first schedule of the Code.
  • A police officer cannot arrest an accused without the permission of  the Magistrate.
  •  Magistrate can  issue warrant to  arrest the offender of the non-cognizable offence.

Section 2(m) – “ notification” means a notification published in the Official Gazette;

Notification means an information published in the official gazette for the awareness of general public at large.

Section 2(n) – “offence”

•         Offence means any act or omission

•         which is made punishable

•         by any law for  the time being i n force.(Section 40 of the Indian Penal Code, 1860  also provides the same definition)

•         Or complaint may be made under section 20 of the Cattle- trespass Act, 1871 (1 of 1871);

 

Section 2(o) “officer in charge of a police station” (SHO)

SHO includes

  • The head officer of a police station means “officer in charge”
  • When the officer in charge of the station is absent or is unable to perform his duties.
  • The police officer present at the station-house who is next in rank to such officer and is above the rank of constable
  • when the State Government so directs, any other police officer so present;
  • A police station is under the command of an inspector called the Station House Officer (SHO).

Rank

  • Constable may not be SHO in any situation
  • Head Constable
  • ASI ( Assistant Sub Inspector)
  • SI  ** ( Sub Inspector)Two Stars
  • CI ***Three Stars

Section 2(p) –  “place”

 includes a house, building, tent, vehicle and vessel;

  • For the purpose of this Code, a place includes a house, building, tent, vehicle and vessel.

Section 2(q) – “pleader”

  • Pleader means a person who is authorised to practice in court by law or under any law for the time being in force.
  • includes any other person appointed with the permission of the Court to act in such proceeding.

Section 2(r) “police report”

means a report forwarded by a police officer to a Magistrate under sub-section (2) of section 173;

  • Police report means a formal charge sheet or challan containing investigation of a cognizable offence , submitted to a magistrate (empowered to take cognizance) after investigation under Section 173 (2) of the Code.

The report contains such points:-

  • The names of the parties;
  • The nature of the information;
  • The names of the persons who appears to be acquainted with the circumstances of case;
  • Whether any offence appears to have been committed and, if so, by whom;
  • Whether the accused has been arrested;
  • Whether he has been released on his bond and, if so, whether with or without sureties;
  • Whether he has been forwarded in custody under Section 170 of the Code.

Section 2(s) “police station”

means any post or place declared generally or specially by the State Government, to be a police station, and includes any local area specified by the State Government in this behalf;

  • A police station is a place declared generally or specially by the State Government to be a police station with a specified jurisdiction over an area for the purpose of maintaining law and peace.
  • A Police station is under the command of an inspector called the Station House Officer (SHO).

Section 2(t) “prescribed”

means prescribed by rules made under this Code;

  • For the purpose of this Code, the word prescribed means prescribed by rules made under this Code.

Section 2(u) “Public Prosecutor”

means any person appointed under section 24, and includes any person acting under the directions of a Public Prosecutor;

  • Any person appointed by Centre or State Government under section 24 for pleading in court on behalf of State (Victim)
  • It includes any person acting under the directions of a Public Prosecutor;

Section 2(v) ) “sub-division”

  • sub-division means a sub-division of district
  • District means an area of a country or town that has fixed borders that are used for official purposes, or that has a particular features that makes it different from surrounding areas

Section 2(w) “summons-case”

” means a case relating to an offence, and not being a warrant-case;

  • A case relating to an offence
  • Not being a warrant-case

                        Difference Between “summons-case” and “warrant-case”

 “summons-case”“warrant-case”  
 Definition – means a case relating to an offence, and not being a warrant-case. 2(w)Definition – means a case relating to an offence,Punishable with death, imprisonment for life (LI) or imprisonment more than two years. 2(x)
 It is initiated on a Complaint  It is initiated on Police report or Complaint.  
 The procedure for the trial of summons cases is provided in chapter XX. (Sections 251 to 259) of Cr.P.C.Whereas the procedure for the trial of warrant cases is provided in chapter XIX. (Sections 238 to 250) of Cr.P.C.
 In summons cases, the maximum punishment may be imprisonment upto two years.  In warrant cases, the maximum punishment may be death-penalty.
 Summon is issued in   summons cases but if the accused does not appear in the court. A warrant is issued to arrest him and produce him in the court.Generally warrant is issued in warrant cases but if the court thinks that the accused will appear in the court by Issuing a summons, it is appropriate to issue a summon in warrant case. (Section 204 CrPC).
 Summons cases are ordinary cases and are made bailable offences by the code.Whereas, warrant cases are of serious nature and generally of non-bailable.

Section 2(x) “warrant-case”

means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years;

  • A case relating to an offence
  • Punishable with death, imprisonment for life (LI) or imprisonment more than two years

Section 2(y) “words and expressions used herein and not defined but defined in the Indian Penal Code (45 of 1860) have the meanings respectively assigned to them in that Code.”

  • If the particular word is not defined in this Code but is defined in the Indian Penal Code.
  • The meaning of that word may be used in construction of the words of this Code.

Section-2(wa)”victim”

means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression “victim” includes his or her guardian or legal heir;]

  • A person who has suffered any loss or injury
  • By act or ommission
  • For which the accused person has been charged
  • The expression “victim” includes his or her guardian or legal heir for the purpose of this code.

Section 3. Construction of References

The words used in the Code, Meanings of the words in Metropolitan Areas and Meaning of the words in other areas.

The words used in the Code  Meanings of the words in Metropolitan Areas  Meaning of the words in other areas  
MagistrateMetropolitan Magistrate (MM)  Judicial Magistrate (JM)
Magistrate of Second class  Metropolitan Magistrate (MM)  Judicial Magistrate second class (JM-II)
Magistrate of the first class  Metropolitan Magistrate (MM)  Judicial Magistrate first class (J M-I)  
The Chief Judicial Magistrate(CJM)  The Chief Metropolitan Magistrate (CMM)  Chief Judicial Magistrate (CJM)  
The Court of a Judicial Magistrate (Court of JM)  The court of Metropolitan Magistrate (Court of MM)The Court of Judicial Magistrate ( Court of JM)
Magistrate of first classMetropolitan Magistrate (MM)Judicial Magistrate First Class (JM-I)
Magistrate of second classMetropolitan Magistrate(MM)Judicial Magistrate  second class (JM-II)
Presidency Magistrate (PM)Metropolitan Magistrate(MM)Not applicable (N.A.)
The Chief Presidency Magistrate (CPM)The Chief Metropolitan Magistrate (CMM)  Not applicable (N.A.)
A Magistrate of first class or second class (if area is included in metropolitan areas)Metropolitan Magistrate(MM)Not applicable (N.A.)
  • Judicial Magistrates deal with following activities –
  • Appreciation or shifting of evidence;
  • The formulation of any decision which exposes any person to any punishment or penalty or detention in custody in investigation, inquiry or trial or sending him for trial before any Court;
  • All other judicial acts; and
  • All the acts of judicial nature;

  • Executive Magistrate will do following acts –
  •  All acts of executive nature;
  •  Administrative acts;
  •  The granting of a licence;
  •  The suspension or cancellation of a licence; and
  •  Sanctioning a prosecution or withdrawal from a prosecution.

Section 4. Trial of offences under the Indian Penal Code and other laws

All offences under Indian Penal Code or under any other criminal law shall be

  • Investigated,
  • Inquired into,
  • Tried and otherwise dealt, according to the provisions of the Code.
  • If any special procedural law is enacted for any special group or place, the general provision of the Code will not apply and the special law will apply in that case.

Section 5. Saving.

The Code does not affect

  • Any special law (wide Section 41 of Indian Penal Code, 1860)
  • Any local law (wide Section 42 of Indian Penal Code, 1860)
  • Any special jurisdiction or power, and
  • Any special form of procedure


Chapter -2

 

 

 

 

 

 

 

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