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in/
OJS
ODISHA JUDICIAL SERVICES
EXAMINATION 2024
Criminal
Procedure Code
(CrPC)
Published by
Develop India Group
CRIMINAL PROCEDURE CODE (CRPC)
CRIMINAL PROCEDURE CODE (CrPC)
The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is the main legisla-
tion on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came
into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of sus-
pected criminals, collection of evidence, determination of guilt or innocence of the accused person and the
determination of punishment of the guilty. It also deals with public nuisance, prevention of offences and
maintenance of wife, child and parents.
At present, the act contains 565 sections, 5 schedules and 56 forms. The sections are divided into 46
chapters.
IPC (Indian Penal Code) and CrPC (Criminal Procedure Code) were introduced in the year 1861. These
laws were codified by Thomas Babington Macaulay who was law member according to the Charter Act of
1833. These laws were introduced by Lord Canning (1856-1861).
It provides the machinery for the investigation of crime, apprehension of suspected criminals, collec-
tion of evidence, determination of guilt or innocence of the accused person, and the determination of
punishment of the guilty.
The Code of Criminal Procedure is also called the erty of a person. Imprisonment, if illegal, violates some
criminal procedure code (CrPC). This code was enacted of the most basic freedoms and rights associated with
in 1973 and came into force on April 1, 1974. a democracy. Thus, we need a law that sets the state’s
The criminal procedure code provides a mecha- machinery running with respect to enforcing law and
nism for conducting trials in a criminal case. It gives order and imparting justice, and regulates the proce-
the procedure for registering a complaint, conducting dure followed by these [Link] Criminal pro-
a trial and passing an order, and filing an appeal against cedure code refers to the working of these institutions
any order. for the entire time period between when a crime has
The main objective of this code is to provide a fair been committed until the time the sentence against the
opportunity to an accused person to conduct a fair trial crime is passed and the case is closed. It refers to the
according to the principle of natural justice. machinery to be adopted by the State when a violation
The provisions of this code are to regulate the pro- of the penal law, i.e., offence under the Indian Penal
cedure for arrest and investigation, inquiry and trial Code, has been detected or reported. It also lays down
of an offence under any law governing criminal offences the principles and procedure that must be followed
in the court of law. while prosecuting and adjudicating other claims.
This code contains 484 sections under 37 chapters. The Criminal Procedure Code (CrPC) is the ma-
CRPC does not supersede any particular law or chinery to address the need of the criminal justice sys-
any local law or powers or procedure directed by any tem and ensure an effortless judicial process by defin-
such law. ing the functions of executive and judiciary, respec-
Why do we need Criminal Procedure Law? tively.
Anyone who has a rudimentary knowledge of The code of criminal procedure 1973 is the ma-
criminal law will know that it deals with what amounts chinery which fulfilled the needs for:-
to an offence and what are the penalties associated with Registration of a complaint and then an FIR
such offences. However, the nature of most criminal Conducting Investigation of crime
punishment is such that it confines the individual lib- Apprehensions of suspected criminals
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Notes for ODISHA JUDICIAL SERVICES EXAM 2024
CRIMINAL PROCEDURE CODE (CRPC)
Gathering of evidence ciples of natural justice
Determining the guilt of the accused The code of criminal procedure laid down some
objectives. These are:-
Determining the innocence of the accused person
To ensure the attendance of any person concerned
Determining punishment for the guilty person.
with the case, including an accused or a witness,
Need for Procedural Laws
through various measures, viz. summons, warrant,
There are many branches of law. The two essen- proclamation and attachment of property.
tial branches of law are substantial law and procedural To provide a detailed scheme for working of var-
law. By procedural law, it means the course taken for ious functionaries of the state to help and assist
the procedure of law, and substantive law talks about the administration of Criminal Justice in India for
rights. the entire time period between when a crime has
Meanwhile, procedural law mentions remedies. been committed until the time the sentence against
Salmond stated that The Law of Procedure is the branch the crime is passed and the case is closed i.e. in-
of the law that governs the process of litigation, and it vestigation, inquiry, and trial.
is a law of action. The Substantive Law relates not to
To ensure a fair trial for both the accused and the
the litigation process but the subject matter.
victim without curtailing anyone’s rights.
Definition: Procedural Law is that branch of law
To achieve a fair adjudication process by laying
that prescribes methods for enforcing rights or obtain-
criteria for admissibility of evidence.
ing redress for their invasion; machinery for carrying
on a Suit. To prevent delaying the investigation and trial pro-
Examples of Procedural laws in India cess.
The Code of Civil Procedure, 1908; To ensure attendance of any person concerned with
Code of Criminal Procedure, 1973; a case with the various available measures like war-
rant, summons, attachment of property, proclama-
Indian Evidence Act, 1872;
tion, etc.
Limitation Act, 1963;
To lay down the criminal justice system’s function-
The Court Fees Act 1870;
ing procedure from the stage of investigation till
The Suits Valuation Act, 1887; conviction and the process for appeal.
Procedural Law provides the rules with the help To explain the organisation of criminal courts in
of ‘which law is enforced’, and it determines what facts India.
constitute proof of a wrong.
To explain the role and powers of police and other
The Procedural Law describes the methods and
authorities in the investigation and trial process.
requirements of the application of remedies to violated
To explain the powers and jurisdiction of courts in
rights.
the criminal judicial system.
The law provides for a mechanism for gathering
evidence by police and judges, conducting searches,
arrests, bail, and presenting evidence at trial and pro- Features of CrPC:
cess of sentencing.
The law of action includes all civil or criminal le- There are some salient features of the criminal pro-
gal proceedings. cedure code. These are:-
The CrPC contains 484 Sections and XXXVII Chap-
Objectives of the CrPC: ters. The CrPC describes that all offences in the Indian
Penal Code 1860 shall be investigated, inquired into,
tried unless it is otherwise dealt. However, CrPC does
The Important objective of the Code of Criminal
not affect any special law, local law or any special ju-
Procedure is to provide an opportunity to the accused
risdiction or power or procedure provided in any other
person to get a fair trial in accordance with the prin-
law. Some of the basic features of CrPC are discussed
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Notes for ODISHA JUDICIAL SERVICES EXAM 2024
