CRIMINAL PROCEDURE CODE, 1973

A Presentation for POs of RCTs

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.
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.
 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 Crown’s subjects.
In 1790, Lord Cornwallis found the Mohammedan Criminal
Law defective in many respects and introduced reforms.
 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.
 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.
IMPORTANT CHANGES
1. The preliminary enquiry which precedes the
trial by Court of Sessions was abolished.
2. 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.
3. The scope of summary trial has been widened by
including offenses punishable with imprisonment up to
1 year instead of 6 months.
4. The powers of revision against interlocutory orders
have been taken away.
5. 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.
6. 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.
7. Provisions have been made for the service of
summons by registered post in certain cases.
8. In petty cases, the accused, has an
opportunity to plead guilty by post, and to remit
the fine specified in the summons.
9. 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.
10. 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.
11. Judiciary has been completely separated from
the executive.
12. 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.
13. 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.
14. When a commission is issued for the examination of
witnesses for the prosecution, the cost incurred by the
defense including pleader’s fee, may be ordered to be
paid by the prosecution.
15 An opportunity is given to the accused to make
representation against the punishment before
it is imposed.
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)
 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)
 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)
 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)
 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)
 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)
 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)
 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)
SCHEDULES
 First Schedule
Classification of offences
 Second Schedule
Forms
 CLASSES OF MAGISTRATES

M A G IS T R A T E

E X E C U T IV E J U D IC IA L M A G IS T R A T E

D IS T R IC T M A G IS T R A T E C H IE F J U D IC IA L M A G IS T R A T E

A D D L . D IS T R IC T M A G IS T R A T E A D D L C J M /M A G IS T R A T E O F F IR S T C L A S S

S U B D IV IS IO N A L M A G IS T R A T E M A G IS T R A T E O F S E C O N D C L A S S

S U B O R D IN A T E E X E C U T IV E M A G IS T R A T E
 POWERS OF COURTS
Name of the Court Punishment

i)Supreme Court Any punishment

ii)High Court Any punishment
iii)Sessions& District Judge Death sentence, life imprisonment(to be
ratified by HC) and fine

iv)Additional session Judge Death sentence, life imprisonment(to be

ratified by HC) and fine

v)Assistant Session Judge Ten years imprisonment and fine

vi)Chief Judicial Magistrate Seven years imprisonment and fine
vii)Additional Chief Judicial Seven years imprisonment and fine
Magistrate
viii)Chief Metropolitan Magistrate Seven years imprisonment and
fine
ix)Addl Chief Metropolitan Seven years imprisonment and
Magistrate fine

x)Judicial Magistrate First class Three years imprisonment and

xi)Metropolitan Magistrate
xii)Judicial Magistrate second
class
xiii)Special judicial Magistrate
fine
Three years imprisonment and
fine upto Rs.5000/-
One year imprisonment and fine
upto Rs.1000/-
One year imprisonment and fine
upto Rs.1000/-