Criminal Procedurea

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code,1973
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Unit 1- Introduction to CRPC
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-Prof. Anjali Sharma(RMLNLU) .

Abbreviations:
► PO- Police officer
► IO- Investigating officer
► EX-Executive Magistrate
► CoS- Court of Sessions
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► HC- High court
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► SC- Supreme court
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JM-Judicial Magistrate
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MM- Metropolitan magistrate (deleted in BNSS)
 Objective & Importance of Cr.Pc

► Cr.Pc is a procedural law that complements substantive criminal law i.e.

Indian penal Code.
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Its aim is to safeguard against possible harms & violation of human right of
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innocent person in its process from shifting criminals from non-criminals.
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It strikes the balance between individual interest & society at large.
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► Entire criminal process isja
about taking cognizance of an offence, initiation of
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proceedings & finallyAconvicting or acquitting the accused.
► In case of Maneka Gandhi v. UOI(1978)- it was held ‘ any deprivation of
personal liberty of an individual shall be done only by a reasonable, just , fair
& non-arbitrary procedure’.
► Code of criminal procedure states that what will be the procedure if any type
of offence is committed, that is given under substantive law.
► For example- if theft has been committed, Cr.Pc states what will be the
procedure here.
✔ Can someone lodge an FIR against the theft?

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What will be the power of police?
When will a magistrate look into the matter?h a r
✔ How trial will be conducted?
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APPLICABILITY OF CRPC:
► This code applies to whole of India, except few states such as
✔ State of Nagaland
✔ Tribal areas

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(chapter 8,10,11 will be applied to these states as well)
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(Chapter 9,11 & 12 in BNSS)
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Though state gov. may apply if required.
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Stakeholders & Functionaries in the
Criminal Justice Administration:
► The police
► Prosecutors
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► Defense council
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► The courts
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► Prison authorities
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For fair, just, fast & speedy processes & disposal of cases we require these functionaries:

The Police The police Act,1861

The Delhi special police eshtablishmentAct,1946

Who conducts prosecution on state’s behalf.

Public Prosecutors Public prosecutors is appointed u/s 24

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Appointed for SC,HC & district court.

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Defense counsel
n j a U/S 303 accused has a right to defend himself.

The court
A Supreme court, high court,
Court of Session
Judicial Magistrate of First Class
Judicial Magistrate of Second Class
Executive Magistrate

Inside jail these authorities will carry out execution

Prisoner authorizes of sentence.
The prisons Act,1894.
Cases:
► Subramanian Swamy and ors. Vs. Raju Thru Members, Juvenile Justice Board and anr.
(2013) 10 SCC 465
✔ The administration of criminal justice in India can be divided into two broad stages at
which the machinery operates. The first is the investigation of an alleged offence

Court of Law.
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leading to prosecution and the second is the actual prosecution of the offender in a

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a (1975) 3 SCC 140
Iqbal Ismail Sodawala v. State of Maharashtra
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Mere procedural irregularity willi not vitiate the proceeding and not alter the conviction
of the accused.
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It is the procedure that spells much of the difference between the rule & the rule of
whim & caprice.
✔ While the general purpose of criminal procedure is to provide a mechanism for the
administration of criminal law, its core object is ‘to ensure for the accused a full & fare
trial in accordance with the principles of natural justice.
► Thank you!

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