Criminal Procedure Code, 1973 – Chapter-wise List

Part I – Preliminary
 Chapter I – Preliminary (Sections 1–5)

Part II – Constitution of Criminal Courts and Offices

 Chapter II – Constitution of Criminal Courts and Offices (Sections 6–25A)

Part III – Powers of Courts

 Chapter III – Powers of Courts (Sections 26–35A)

Part IV – Provisions relating to the Administration of Justice

 Chapter IV – Powers of Superior Officers of Police (Sections 36–40)
 Chapter V – Arrest of Persons (Sections 41–60A)
 Chapter VI – Processes to Compel Appearance (Sections 61–90)
 Chapter VII – Processes to Compel the Production of Things (Sections 91–
105)
 Chapter VIIA – Reciprocal Arrangements for Assistance in Certain Matters
and Procedure for Attachment and Forfeiture of Property (Sections 105A–
105L)
 Chapter VIII – Security for Keeping the Peace and for Good Behaviour
(Sections 106–124)
 Chapter IX – Order for Maintenance of Wives, Children and Parents
(Sections 125–128)
 Chapter X – Maintenance of Public Order and Tranquillity (Sections 129–148)
 Chapter XI – Preventive Action of the Police (Sections 149–153)

Part V – Information to the Police and Their Powers to Investigate

 Chapter XII – Information to the Police and Their Powers to Investigate
(Sections 154–176)
Part VI – Proceedings in Prosecutions
 Chapter XIII – Jurisdiction of the Criminal Courts in Inquiries and Trials
(Sections 177–189)
 Chapter XIV – Conditions Requisite for Initiation of Proceedings (Sections
190–210)
 Chapter XV – Complaints to Magistrates (Sections 200–203)
 Chapter XVI – Commencement of Proceedings before Magistrates (Sections
204–210)
 Chapter XVII – The Charge (Sections 211–224)
 Chapter XVIII – Trial before a Court of Session (Sections 225–237)
 Chapter XIX – Trial of Warrant-Cases by Magistrates (Sections 238–250)
 Chapter XX – Trial of Summons-Cases by Magistrates (Sections 251–259)
 Chapter XXI – Summary Trials (Sections 260–265)
 Chapter XXI-A – Plea Bargaining (Sections 265A–265L)
 Chapter XXII – Attendance of Persons confined or detained in Prisons
(Sections 266–271)
 Chapter XXIII – Evidence in Inquiries and Trials (Sections 272–327)
 Chapter XXIV – General Provisions as to Inquiries and Trials (Sections 328–
352)
 Chapter XXV – Provisions as to Accused Persons of Unsound Mind (Sections
328–339)
 Chapter XXVI – Provisions as to Offences Affecting the Administration of
Justice (Sections 340–352)
 Chapter XXVII – The Judgment (Sections 353–365)
 Chapter XXVIII – Submission of Death Sentences for Confirmation (Sections
366–371)
 Chapter XXIX – Appeals (Sections 372–394)
 Chapter XXX – Reference and Revision (Sections 395–405)
 Chapter XXXI – Transfer of Criminal Cases (Sections 406–412)
 Chapter XXXII – Execution, Suspension, Remission and Commutation of
Sentences (Sections 413–435)
Part VII – Miscellaneous
 Chapter XXXIII – Provisions as to Bail and Bonds (Sections 436–450)
 Chapter XXXIV – Disposal of Property (Sections 451–459)
 Chapter XXXV – Irregular Proceedings (Sections 460–466)
 Chapter XXXVI – Limitation for Taking Cognizance of Certain Offences
(Sections 467–473)
 Chapter XXXVII – Miscellaneous (Sections 474–484)

Schedule I
Schedule II

Note :
1. There are no Parts as divided above in CrPC or BNSS,, They are classified
under Parts only for academic purposes and for easy reference.
2. Proper Trial steps are followed almost as per CrPC from Chapter XVIII–XXI.
3. Link CrPC with IPC
a. IPC tells you what the crime is.
b. CrPC tells you how the crime is investigated and tried.
E.g.:
IPC Sec. 302 = Murder.
CrPC tells you: FIR → arrest → trial before Sessions Court (Ch. XVIII).
This linkage makes sections easier to remember.
CrPC Chapter Order (Practical Sequence in Real Trials)
1. Information & FIR (Ch. XII, Sec. 154–176)
2. Investigation & Report (charge sheet, Sec. 173)
3. Cognizance by Magistrate (Ch. XIV, Sec. 190–204)
4. Trial procedure depending on case type:
o Sessions trial (Ch. XVIII)
o Warrant case (Ch. XIX)
o Summons case (Ch. XX)
o Summary trial (Ch. XXI)
5. Judgment (Ch. XXVII)
6. Appeals/Revision (Ch. XXIX–XXX)
7. Execution of sentence (Ch. XXXII)
 CONSTITUTION OF CRIMINAL COURTS

1. To Define the Machinery of Criminal Justice

 IPC tells you what is an offence.
 CrPC tells you how it will be investigated and tried.
But for a trial, you first need to know: who will try it?
Hence, CrPC constitutes a hierarchy of criminal courts — Magistrates,
Sessions Courts, Special Judges — and distributes powers among them.
Without this, the system would collapse into confusion: police wouldn’t know
where to file chargesheets, and lawyers wouldn’t know which court to
approach.

2. To Ensure Jurisdictional Clarity

Each court has defined jurisdiction in terms of:
 Subject-matter (e.g., murder triable by Sessions Court, petty offences by
Magistrates).
 Geography (local area limits under Sec. 11, 14 CrPC).
 Powers (maximum punishment each court can award: Magistrate 1st Class →
up to 3 years; Chief Judicial Magistrate → up to 7 years; Sessions → life or
death).
This prevents forum shopping and maintains orderly distribution of cases.

3. To Preserve Rule of Law & Accountability

If courts weren’t constituted by law, trials could be arbitrary — police could
send you to any officer or ad hoc tribunal.
CrPC ensures:
 Every trial happens before a legally recognized authority.
 Judges/Magistrates are appointed and supervised as per law.
 Appeals and revisions have a structured ladder.
4. To Separate Powers of Police and Judiciary
A major safeguard in CrPC is that police investigate, but courts adjudicate.
 Police officers have wide powers, but they are supervised by Magistrates
(Sec. 156(3), 167, etc.).
 This prevents misuse of police power and ensures judicial oversight.
The constitution of courts makes this separation effective.

5. To Enable Checks and Balances

Because CrPC establishes a pyramid structure — Magistrates → Sessions →
High Court → Supreme Court — every order can be challenged at a higher
forum. This guarantees fairness, and no single court becomes absolute.

6. For Practical Courtroom Flow

Imagine if CrPC didn’t spell this out. Suppose a theft case (Sec. 379 IPC)
comes up. Without CrPC’s Chapter II:
 Who tries it? Sessions Judge? CJM? Any Magistrate?
 What’s the maximum sentence the judge can give?
 Who hears the appeal?
Chaos. CrPC avoids this by giving a ready map for every case.

7. Why It’s Important for Lawyers

For us practitioners, knowing the constitution of courts is crucial because:
 It decides where to file (wrong forum = dismissal on technicality).
 It gives grounds for jurisdictional objections (a strong defence strategy).
 It helps plan appeal/revision strategy right from the start.

The Constitution of Courts in CrPC is the backbone of the criminal justice

delivery system. It tells us who will hear a case, their powers, their territorial
limits, and how the hierarchy of appeals works. Without it, IPC and CrPC’s
procedural parts would have no structure to operate in.
 HEIRARCHY OF CRIMINAL COURTS UNDER CrPC
( Powers of Courts)
SUPREME COURT OF INDIA (Final Appellate and Constitutional Authority)

HIGH COURT (Supervisory, Appellate Powers and Revisions)

SESSIONS COURT (Trials for Serious offences & Appeals from Megistrates)

CHIEF JUDICIAL MEGISTRATE (Trials upto 7 years punishments)

JUDICIAL MEGISTRATE FIRST CLASS (Trials upto 3 years punishments)

JUDICIAL MEGISTRATE SECOND CLASS (Trials upto 1 year punishments)

EXECUTIVE MEGISTRATE (Preventive and Maintenance Jurisdiction)

POLICE (Investigation, FIR, Chargesheet – No Trial Power)

Hierarchy Context
 Junior Civil Judge = Judicial Megistrate First Class - JMFC (entry-level).
 Senior Civil Judge = Assistant Sessions Judge (in criminal jurisdiction).
 District Judge = Sessions Judge (criminal side).
 In Civil courts we call him Judge and Call him Megistrate in Criminal Courts
o Magistrates (Judicial Magistrates) = limited sentencing power,
preliminary jurisdiction, try minor offences.
o Sessions Judge = unlimited criminal jurisdiction within the district, tries
grave offences, exercises appellate powers over Magistrates.

In Practice we don’t see Judicial Magistrates Second Class in regular courts today.
CrPC bare act, lists “Judicial Magistrates of the First Class” and “of the Second Class,”
but suddenly there’s a Chief Judicial Magistrate (CJM) in Sec. 12–15 without a “First
Class Chief” or “Second Class Chief.”
So where does he stand, and is he equal to a Sessions Judge?

1. Where CJM Fits in the Ladder

 All Judicial Magistrates (First & Second Class) in a district work under the
administrative control of the Chief Judicial Magistrate (Sec. 12(2) CrPC).
 The CJM is not a separate cadre, but a senior-most First Class Magistrate
posted by the High Court to supervise others.
 So, CJM = “First Class Magistrate + Administrative Head of Magistracy in the
District.”

2. Powers of CJM
Under Sec. 29(2) CrPC:
 CJM can award imprisonment up to 7 years (greater than JMFC, who is limited
to 3 years).
 He can try more serious cases than a regular JMFC.
 He controls case distribution among Magistrates.

3. Relation to Sessions Judge

 The Sessions Judge is above the CJM.
 Think of it this way:
o Magistracy (including CJM) handles cases with maximum punishment
up to 7 years.
o Sessions Court handles grave offences (7 years to life, death penalty).
 The Sessions Judge is also appellate/revisional authority over CJM and other
Magistrates.
CJM is the head of Magistrates, but still a Magistrate.
CJM is legally a First Class Magistrate himself, only vested with:
 Enhanced sentencing power (up to 7 years).
 Administrative control over other Magistrates.
That’s why the CrPC doesn’t treat him as a new “class,” just as a designated
post.
The Chief Judicial Magistrate (CJM) is the senior-most First Class Magistrate in a
district, with enhanced powers (up to 7 years) and administrative control over
Magistrates. He is not equal to a Sessions Judge — the Sessions Judge is above him
in hierarchy and tries offences with higher punishments (life imprisonment/death).

TYPES OF TRIALS
Trial before a Court of Session (Sessions Trial)
 When used: For serious offences exclusively triable by a Court of Session
(e.g., murder, rape, dacoity, etc.).
 Procedure:
1. Case committed to Sessions Court by Magistrate (S. 209 CrPC).
2. Public Prosecutor opens the case (S. 226).
3. Judge considers whether there is sufficient ground for proceeding (S.
227–228).
4. Charges framed and read out.
5. Prosecution evidence (S. 231).
6. Defence evidence (S. 233).
7. Arguments (S. 234).
8. Judgment (S. 235).
2. Trial of Warrant Cases (before Magistrates)
 When used: For offences punishable with death, life imprisonment, or
imprisonment exceeding 2 years (but triable by Magistrates).
 Two categories:
a. On Police Report (Ss. 238–243 CrPC)
o Supply of documents to accused.
o Consideration of charge.
o Charge framed.
o Prosecution & defence evidence, cross-examination.
b. Otherwise than on Police Report (Ss. 244–247)
o Magistrate hears prosecution witnesses first.
o If evidence makes out a case, charge is framed.
o Then defence evidence and trial proceeds.
3. Trial of Summons Cases (before Magistrates)
 When used: For less serious offences punishable with imprisonment up to 2
years.
 Procedure (Ss. 251–259):
o No formal charge is framed, only particulars of offence explained to
accused.
o Accused asked to plead guilty or defend.
o Prosecution evidence → cross-examination.
o Defence evidence if any.
o Judgment delivered.
o Very summary and quick compared to warrant case trials.
4. Summary Trials
 When used: For petty offences (e.g., small theft, traffic offences, etc.) listed in
S. 260 CrPC, where quick disposal is desired.
 Who conducts: Chief Judicial Magistrates, Metropolitan Magistrates, or
specially empowered Magistrates of First Class.
 Procedure (Ss. 262–265):
o Very brief record keeping.
o Maximum sentence Magistrate can pass in summary trial = 3 months
imprisonment.
o Proceedings are simplified to save time.
 Sessions Trial → Most serious offences.
 Warrant Case Trial → Serious offences triable by Magistrates.
 Summons Case Trial → Minor offences.
 Summary Trial → Petty offences, disposed quickly.
Though both Sessions Trails and Warrant Trails are “warrant cases” by definition, they
are handled differently:
 Sessions Trial → Always starts with committal from Magistrate (S. 209),
handled by a Sessions Judge.
 Warrant Case Trial before Magistrate → Starts directly in Magistrate’s court,
without committal.
 Warrant Case = umbrella for all serious cases.

 Sessions Case = special class of Warrant Cases, so serious that only a Sessions
Court can handle them.