CRIMINAL PROCEDURE CODE, 1973

1
CRIMINAL PROCEDURE CODE, 1973

• A Presentation for POs of RCTs

2
HISTORY

• ANCIENT INDIA
• Prior to the conquest of India by Muslims, the
  Hindu Criminal Law was prevailing in India, which
  was well established and well defined.
• Circumstantial evidence was sufficient to punish
  or acquit a criminal.
• Accused was entitled to produce any witness in
  his defense.

3

• Trial by ordeal was frequently used to determine
  the guilt of the person
• Also trial by jury existed
• Punishment was considered to be a sort of
  expiation which removed impurities from the man.

4

• Medieval India
• After the conquest of India by the Muslims, the
  Mohammedan Criminal Law came into existence.
• The courts while deciding the criminal cases were
  guided by this law.
• In 1773, the Regulating Act was enacted under
  which a Supreme Court was established in Calcutta
  and later on at Madras in Bombay. This
  introduced English law in India.
• The Supreme Court was to apply British Procedural
  Law while deciding the cases of the Crowns
  subjects.
• In 1790, Lord Cornwallis found the Mohammedan
  Criminal Law defective in many respects and
  introduced reforms.

5

• Criminal Procedure Code, 1861
• After the Mutiny in 1857, the British Govt.
  dissolved the East India Company and direct
  responsibility of administration in India was
  taken by the Crown.
• Faced many difficulties in controlling Judicial
  Administration in the absence of suitable
  substantive as well as procedural legislation.
• With a view to provide criminal procedural law to
  the British administrators in India, the British
  Parliament passed a Code of Criminal Procedure in
  1861 which was amended in 1869 and finally
  replaced by Code of Criminal Procedure 1872.

6

• In 1898, the Code of Criminal Procedure was
  supplemented by a new Code vide Act V of 1898,
  which formed the basis of the present Code of
  Criminal Procedure.
• After Independence, this Code was amended from
  time to time by various Central and State Acts.
• In 1955, the amendments in this Code were made
  with intent to simplify procedures and speed up
  trials.
• Finally, in 1973, major amendments were made in
  the Code of Criminal Procedure, 1898 and the old
  Code was replaced by the Code of Criminal
  Procedure, 1973.

7
IMPORTANT CHANGES

• The preliminary enquiry which precedes the trial
  by Court of Sessions was abolished.
• Provisions made to enable adoption of summons
  procedure for the trial of offences punishable
  with imprisonment up to 2 years instead of up to
  1 year.

8

• The scope of summary trial has been widened by
  including offenses punishable with imprisonment
  up to 1 year instead of 6 months.
• The powers of revision against interlocutory
  orders have been taken away.
• The provision for mandatory stoppage of
  proceedings by a subordinate court, on the mere
  intimation from a party of his intention to move
  a higher court for transfer of case has been
  omitted and a further provision has been made to
  the effect that the court hearing the transfer
  application shall not stay the proceedings unless
  it is necessary to do so in the interest of
  justice.

9

• When adjournments are granted at the instance of
  either party, the court has been empowered to
  order costs to be paid by the party seeking
  adjournment to the other party.
• Provisions have been made for the service of
  summons by registered post in certain cases.
• In petty cases, the accused, has an opportunity
  to plead guilty by post, and to remit the fine
  specified in the summons.

10

• If court of appeal or revision discovers that any
  error, omission or irregularity in respect of
  charge has occasioned failure of justice, it need
  not necessarily order a retrial.
• The facility of part heard cases being continued
  by successor in office available in respect of
  Courts of Magistrates has been extended to Courts
  of Session.
• Judiciary has been completely separated from the
  executive.

11

• Provisions have been made for legal aid to
  indigent accused in cases triable by Court of
  Session. The State government may extend this
  facility to other categories of cases.
• The court has been empowered to order payment of
  compensation by the accused to the victims of
  crime to a larger extent than was provided in the
  old Code.
• When a commission is issued for the examination
  of witnesses for the prosecution, the cost
  incurred by the defense including pleaders fee,
  may be ordered to be paid by the prosecution.

12

• An opportunity is given to the accused to make
  representation against the punishment before it
  is imposed.

13
CONTENTS

• Chapter I Preliminary (Sec.1 to 5)
• Chapter II Constitution of Criminal Courts and
  offices (Sec. 6 to 25)
• Chapter III Power of Courts (Sec.26 to 35)
• Chapter IV-A Powers of superior officers of
  police (Sec.36)

14

• Chapter IV-B Aid to magistrates and police
  (Sec.37 to 40)
• Chapter V Arrest of persons (Sec.41 to 60)
• Chapter VI Processes to compel appearances
  (Sec.61 to 90)
• Chapter VII Processes to compel the production
  of things (Sec.91 to 105-L)
• Chapter VIII Security for keeping the peace and
  for good behaviour (Sec,106 to 124)

15

• Chapter IX Order for maintenance of wives,
  children and parents (Sec.125 to 128)
• Chapter X Maintenance of public order and
  tranquility (Sec.129 to 148)
• Chapter XI Preventive Action of the Police
  (Sec.149 to 153)
• Chapter XII Information to the Police and their
  powers to investigate (Sec.154 to 176)
• Chapter XIII Jurisdiction of criminal courts in
  inquiries and trials (Sec.177 to 189)

16

• Chapter XIV Conditions requisite for initiation
  of proceedings (Sec.190 to 199)
• Chapter XV Complaints to Magistrate (Sec.200 to
  203)
• Chapter XVI Commencement of proceedings before
  magistrate (Sec.204 to 210)
• Chapter XVII The charge (Sec.211 to 224)
• Chapter XVIII Trial before a court of session
  (Sec.225 to 237)

17

• Chapter XIX Trial of warrant-cases by
  magistrates (Sec.238 to 250)
• Chapter XX Trial of summons-case (Sec.251 to
  259)
• Chapter XXI Summary trials (Sec.260 to 265)
• Chapter XXII Attendence of persons confined or
  detained in prisons (Sec.266 to 271)
• Chapter XXIII Evidence in Inquiries and trials
  (Sec.272 to 299)

18

• Chapter XXIV General provisions as to inquiries
  and trials (Sec.300 to 327)
• Chapter XXV Provisions as to accused persons of
  unsound mind (Sec.328 to 339)
• Chapter XXVI Provisions as to offences
  affecting the administration of justice (Sec.340
  to 352)
• Chapter XXVII The Judgement (Sec.353 to 365)
• Chapter XXVIII Submission of death sentences
  for confirmation (Sec.366 to 371)

19

• Chapter XXIX Appeals (Sec.372 to 394)
• Chapter XXX Reference and revision (Sec.395 to
  405)
• Chapter XXXI Transfer of criminal cases
  (Sec.406 to 412)
• Chapter XXXII Execution, suspension, remission
  and commutation of sentences (Sec.413 to 435)
• Chapter XXXIII Provisions as to bail and bonds
  (Sec.436 to 450)

20

• Chapter XXXIV Disposal of property (Sec.451 to
  459)
• Chapter XXXV Irregular proceedings (Sec.460 to
  466)
• Chapter XXXVI Limitation for taking cognizance
  of certain offences (Sec.465 to 473)
• Chapter XXXVII Miscellaneous (Sec.474 to 484)

21
SCHEDULES

• First Schedule
• Classification of offences
• Second Schedule
• Forms

22
CLASSES OF MAGISTRATES
23
POWERS OF COURTS
24
(No Transcript)