CrPC Notes – The Code of Criminal Procedure 1973
CrPC an Introducton
Act No 2 of 1974
CrPC is a criminal procedural law. The nature of CrPC is analytical procedural. It can also divided in substantive & procedural law. Substantive part specifies the definition & punishment and the procedural law establishes the mechanism that a criminal courts must take in order to implement the substantive law. The large area of criminal law that encompasses all procedural law’s aspects is known as the Code of Criminal Procedure, 1973.
The Criminal Procedure 1882 which gave for the first time a uniform law of procedure for the whole India both in presidency towns and in the moffusil. It was supplanted by the Code of Criminal procedure 1898 and remained unchanged for a long period, After many amendments a draft bill No. 41 of 1970 was introduced in the Rajya Sabha.
Passed in 1973
Assent of President Jan. 25, 1974
Came in force 24th year from republic of india
Came in Force April 1,1974
CrPc Chapters -37
Sections- 484
Schedules- 2
Forms – 56
Schedule –I Schedule -II
Classification of offences Forms (56)
Schedule-I
Part-I Part- II
IPC (6) Other Laws
1. Sections 1. Offences
2. Offences 2. Cog. /Non Cog.
3. Punishment 3. Bailable/Non B.
4. Cog. /Non Cog. 4. Court
5. Bailable/Non B.
6. Court
CrPC Flow Chart
| Offence | Cog. / Non Cog. | Bailable/ Non B. | Court |
| Punishable with Death, LI, More than 7 Years | Cog. | Non- Bailable | Court of Session |
| Punishable with Imprisonment for 3-7 Years | Cog. | Non – Bailable | Magistrate of the First Class |
| Punishable with imprisonment for 0- 3 Years | Non Cog. | Bailable | Any Magistrate |
Schedule –II
Forms -56
Ist Summon
56th Warrant
Ordinarily, the Code does not affect any special Law ( Sec.41 Penal Code), any Local Law ( Sec. 42, Penal Code), any special jurisdiction or power and any special form of procedure (sec. 5 of the code).
Flow Chart of CrPC
| General | Preventive Law | Before Trial | Charges & Trial | Other Proceedings during Trial | Judgement & Further Proceedings | Supplemental Proceedings |
| Ch.1 –7A | 8 -11 | 12 -16 | 17 – 21A | 22 – 26 | 27 -32 | 33 -37 |
| Sec. 1 -105A | 106 -153 | 154 -210 | 211 – 265L | 266 -352 | 353 -435 | 436 -484 |
| Ch. 1 Preliminary (1-5) | Ch.8 Security for keeping the peace and for good behaviour (106-124) | Ch. 12 Information to the police and their power to investigate (154-176) | Ch. 17 Charges (211-224) A.Form of charges (211-217) B.Joinder of charges (218-224) | Ch.22 Attendance of persons confined or detained in prisons (266-271) | Ch. 27 The Judgement (353-365) | Ch. 33 Provisions as to bail and bonds (436-450) |
| Ch. 2 Constitution of Courts (6-25A) | Ch.9 Order for maintenance of wives, children and parents (125-128) | Ch.13 Jurisdiction of the criminal courts in inquiries and trials (177-189) | Ch.18 Trial before a court of session (225-237) | Ch.23 Evidence in inquiries and trials (272-299) A.mode of taking and recording evidence (272-283) B. Commision for the examination of witnesses (284-299) | Ch.28 Submission of death sentences for confirmation (366-371) | Ch. 34 Disposal of property (451-459) |
| Ch. 3 Power of Court (26-35) | Ch.10 Maintenance of public orders and Tranquility (129-148) A.Unlawful assemblies (129-132) B.Public Nuisances (133-143) C.Urgent Cases of Nuisance or apprehended danger (144-144A) D.Disputes as to immovable property (145-148) | Ch.14 Conditions requisite for initian of proceedings( 190-199) | Ch.19 Trial of warrant cases by magistrates (238-250) A.Cases instituted on a police report (239-243) B.Cases Instituted other wise than on police report (244-247) C.Conclusion of trial (248-250) | Ch.24 General provisions as to inquiries and trials (300-327) | Ch. 29 Appeals (372-394) | Ch. 35 Irregular proceedings (460-466) |
| Ch. 4 A.Powers of superior officers of Police (36) B. Aid to Magistrate & Police (37-40) | Ch.11 Preventive Action of the Police (149-153) | Ch.15 Complaints to Magistrates (200-203) | Ch.20 Trial of summon cases by magistrates (251-259) | Ch.25 Provisions as to accused persons of unsoundmind (328-339) | Ch.30 Refference and revision (395-405) | Ch.36 Limitation for taking cognizance of certain offences (467-473) |
| Ch. 5 Arrest of Persons (41-60A) | Ch.16 Commencement of proceedings before magistrates (204-210) | Ch.21 Summary trials (260-265) | Ch. 26 Provisions as to offences affecting the administration of justice (340-352) | Ch. 31 Transfer of criminal cases (406-412) | Ch. 37 Miscellaneous (474-484) | |
| Ch. 6 Processes to Compel Appearance (61-90) A.Summons (61-69) B.Warrant of Arrest (70-81) C.Proclamation and attachment (82-86) D.Other rules regarding processes (87-90) | Ch.21A Plea Bargaining (265A-265L) | Ch. 32 Execution, Suspension, Remission and Commutation of sentences (413-435) A.Death Sentence (413-416) B.Imprisonment(417-420) C. Levy of Fine (421-424) D.General provisions regarding execution (425-431) E.Suspension, Remission and commutation of sentence (432-435) | ||||
| Ch. 7 Processes to compel the production of things (91-105) A.Summons to produce (91-92) B. Search –Warrant (93-98) C.General provisions relating to searches (99-101) D.Miscellaneous (102-105) | ||||||
| Ch.7A Reciprocal arrangements for assistance in certain matters and Procedure for attachment and forfeiture of property (105A-105L) |