Law

The Criminal Procedure Code 1973,

Act No 2 of 1973, Enacted in 1973

Assent of  President Jan. 25, 1974                             Came in Force April 1,1974

CrPc  Chapters -37, Sections- 484, Schedules- 2, Forms – 56

 Schedule-I   

Classification of offences 

Part I.-Offences under The IPC 

Divided in six parts   

(1). Sections (2). Offences (3). Punishment  (4).Cog. /Non Cog. (5). Bailable / Non. Bail. (6). Court   

Part – II Classification of Offences Against Other Laws , Devided in 4 Parts

(1). Offence (2). Cog. /Non Cog. (3) Bailable / Non. Bail. (4) Court

 Schedule-II -56 Forms 1st Summon & 56th Warrant

Chapter – 1 Preliminary

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

SECTION 1. Short title, extent and commencement.

  • 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 Reorganization 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 April1st 1974

Case Laws –Mona Puna, (1892) 16 Bom 661 It is mainly an adjective (procedural) law. The object of the Code is to provide a machinery for the punishment of offenders against the substantive criminal law e.g. Indian Penal Code, 1860. Both the Indian Penal Code and the Code of criminal Procedure should be studied together.

Hansraj, (1942)Nag 333- Absence of any provision on a particular matter in the Code does not mean that there is no such power in a criminal court which may act on the principle that every procedure should be understood as permissible till it is shown to be prohibited by law.

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