CRIMINAL LAW II Ms.

Preety Anand
Assistant Professor (Law)
Chanakya National Law University,
CODE OF CRIMINAL PROCEDURE, 1973, ETC. Patna.
WHAT IS PROCEDURAL LAW?
 Substantive Criminal law Defines offences and prescribes punishment for the same.
 Procedural law is a set of regulations required for the enforcement of substantive
laws.
 Doesn’t have any independent authority.
 Examples: Code of Civil Procedure,1908 & Code of Criminal Procedure, 1973.
 Nature of Cr.PC: Mostly Procedural, Slightly Substantive.
BASICS
 Cr.PC came into force on 1st April, 1974.
 It contains 37 chapters and 2 schedules
 Lies in the Concurrent List of the VII Schedule of the Constitution of India.
 It is a machinery for :
1. Detection of crimes
2. Apprehension of suspected criminal.
3. Collection of Evidence.
4. Determination of Guilt or Innocence.
5. Imposition of suitable punishment on the person found guilty.
6. Prevention of offences.
7. Regulate Maintenance laws.
8. Control Public Nuisance
IMPORTANCE OF CRIMINAL PROCEDURAL LAW
1. Spells the difference bet rule of law and rule of whims and fancy.
2. Avoids arbitrariness.
3. Complements substantive laws.
4. In its absence or failure: the rights and protection assured by substantive laws can
be compromised.
TERRITORIAL EXTENT AND SCOPE OF
APPLICABILITY OF THE CODE
Section 1
 the code extends to the whole of India.
 Not applicable to Nagaland and tribal areas (except ch. VIII, X, XI)
 though, concerned State Government has the power to apply the provisions of the
code by notification.
 why not applicable ? Social conditions are not desirable for the application of
the code. They have simple rules that they are accustomed to.
 Mowu v Supt. Special Jail, 1971, Saptawna v State of Assam, 1972
Cr.PC rules are not required to be followed strictly. But, the substance of these
rules should be followed.
 CONTD.
Section 4
 All offences under IPC and any other law shall be investigated, inquired, tried and dealt according to the
provision of Cr.PC.
 Subject to any enactment for the time being in force regulating the manner or place of investigation,
inquiry, trial etc.
 Is the code exhaustive?
 Almost exhaustive and complete.
 If the court finds that the code has not made specific provision to meet the requirement of the situation.
 Court in such cases can mould the procedure to meet the ends of justice. (INHERENT POWER)

 Inherent Powers of the High Court: (section 482):

• To make orders to give effect to the provisions of the code.
• To make orders to Prevent abuse of the process by courts.
• To make orders to serve the ends of justice.
CLASSIFICATION OF OFFENCES
1. BAILABLE and NON-BAILABLE
2. COGNIZABLE and NON-COGNIZABLE
3. SUMMONS CASE and WARRANT CASE
4. COMPOUNDABLE and NON-COMPOUNDABLE
 BAILABLE OFFENCE NON-BAILABLE OFFENCE

Defined u/s 2(a) of Cr.PC

Defined u/s 2(a) of Cr.PC

Bailable offence means an offence which is shown

as bailable in the First Schedule or which is made
Non-Bailable Offence means any other offence.
bailable by any other Law for the time being in
force.
Bailable offences are regarded as less grave and Bailable offences are grave and serious offences,
less serious. For example- offence of murder.
Under bailable offences, bail is claimed as a Under Non-bailable offences, bail is a matter of
matter of right. discretion.
 COGNIZABLE OFFENCE NON-COGNIZABLE OFFENCE

Defined u/s 2(c) Defined u/s 2(l)

An offence for which a police officer can arrest
without a warrant.
He can also Investigate into such case without any
order or directions from the magistrate.
(Duty-cum- Power)
Mentioned as Cognizable in the first schedule.
An offence for which a police officer has no
authority to arrest without a warrant.
(neither duty nor power to arrest or investigate
without magistrate’s direction)
Mentioned as Non-Cognizable in the first schedule.

Usually serious and grave offences such as Murder, Less Serious offence such as Assault, voluntarily
Rape, Kidnapping, Waging war against the state causing hurt etc.
etc.

OBSERVATION: AN OFFENCE IS EITHER BAILABLE AND NON- COGNIZABLE OR NON-BAILABLE AND

COGNIZABLE IN NATURE.
 Bailable or Non-Bailable?
Ref. 5th Column

Part I
(Offences under IPC)
Cognizable or Non-
Cognizable?
Ref. 4th Column
First Schedule
(Cr.PC) Bailable?
Non-Cognizable?
(imprisonment less than 3 years
Part II or with fine only)

(Offences under other

laws) Non-Bailable?
Cognizable?
(Death, Life-Imprisonment,
imprisonment for 3 years or
more)
SUMMONS CASE AND WARRANT CASE: A
PRELIMINARY UNDERSATNDING

SUMMONS CASE WARRANT CASE

Defined u/s 2(w): a case that is not a warrant case. Defined u/s 2(x): case relating to an offence
punishable with death, Life-imprisonment or
imprisonment for a term exceeding 2 years.
FUNCTIONARIES UNDER
THE CODE
Prison &
Police Correctional
Service
Personnel

Courts Prosecutors
& &
Magistrates Defence
PROSECUTION SYSTEM
Directorate
of
Prosecution
Public Assistant
Prosecutors Public
Prosecutors
TERRITORIAL DIVISION (FOR THE PURPOSE OF CONSTITUTION OF CRIMINAL COURTS)

1.State
2.Sessions Division/ Metropolitan Area
3.Districts /Metropolitan areas
4.Sub-divisions
CLASSES OF CRIMINAL COURTS (SECTION 6)

1. COURT OF SESSIONS (section 9, 10)

2. JUDICIAL MAGISTRATES OF THE FIRST CLASS and JUDICIAL
MAGISTRATES OF THE SECOND CLASS (section11, 12, 13, 14, 15)
3. METROPOLITAN MAGISTRATE (section 8,16, 17, 18, 19)
4. EXECUTIVE MAGISTRATE (section 20, 21, 22, 23)
HIERARCHY OF CRIMINAL COURTS
POWERS OF CRIMINAL COURTS (SECTION 28 & 29)
Court Death Penalty Imprisonment Fine
High Court (any sentence authorised by Yes Up to life imprisonment No bar
law)
Sessions Judge and Addn. Sessions Judge Yes Up to Life Imprisonment No bar
(subject to HC’s
confirmation)
Assistant Sessions Judge XXX Max. 10 years No bar
Chief Judicial Magistrate XXX Max. 7 years No bar
Judicial Magistrate of First Class (JMFC) XXX Max. 3 years Max. 10,000/-

Judicial Magistrate of Second Class (JMSC) XXX Max. 1 year Max. 5,000/-

Chief Metropolitan Magistrate XXX Max. 7 years No bar

Metropolitan Magistrate XXX Max. 3 years Max. 10,000/-

JURISDICTION IN THE CASE OF JUVENILES
 As per section 27, of the Cr.PC, any offence not punishable with death or imprisonment
for life, committed by any person who at the date when he appears or is brought before
the Court is under the age of sixteen years, may be tried by the Court of a Chief Judicial
Magistrate, or by any Court specially empowered under the Children Act, 1960 (60 of
1960 ), or any other law for the time being in force providing for the treatment, training
and rehabilitation of youthful offenders.
 Juvenile Justice (Care and Protection of children) Act, 2015 deals with juveniles.
• All kinds of offences.
• Persons under 18 years of age.
• Trial by Children’s Court.
• Rehabilitation and reintegration.