IT Act and Civil Procedure Code

IT Act
IT Act
Civil Procedure Code
Civil Procedure Code
 Amendments
• The Code of Civil Procedure was substantially amended in the year 2002. The
main purpose of the Amendment to the code was ensure speedy disposal of civil
cases governed under the Act.
• Civil Procedure Code (Amendment) Act 2015
• Keeping in view the establishment of Commercial Court and the provisions
thereof, Civil Procedure Code (Amendment) Act, 2016 was enacted.
• These provisions are applicable to commercial disputes of specified value. The act
clarified that the provisions of the Civil Procedure Code as amended by the Act
would have an overriding effect over any rules of the High Court or of the
amendments made by the state government concerned.
• The Code of Civil Procedure, 1908 was further amended in the year 2018
 Code of Criminal Procedure
• The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is the
main legislation on procedure for administration of substantive criminal law in India.
•  It was enacted in 1973 and came into force on 1 April 1974.
• It provides the machinery for the investigation of crime, apprehension of suspected criminals,
collection of evidence, determination of guilt or innocence of the accused person and the
determination of punishment of the guilty.
• It also deals with public nuisance, prevention of offences and maintenance
of wife, child and parents.
• At present, the act contains 565 sections, 5schedules and 56 forms.
• The sections are divided into 46 chapters.
• In medieval India, subsequent to the law set by the Muslims, the Mohammedan Criminal Law
came into prevalence.
• The British rulers passed the Regulating Act of 1773 under which a Supreme Court was
established in Calcutta and later on at Madras and in Bombay.
• The Supreme Court was to apply British procedural law while deciding the cases of the
Crown's subjects.
• After the Rebellion of 1857, the crown took over the administration in India.
• The Indian Penal Code, 1861 was passed by the British parliament.
• The CrPC was created for the first time ever in 1882 and then amended in 1898, then
according to the 41st Law Commission report in 1973.
 Classification of offences under the Code
• Cognizable and non-cognizable offences
• Cognizable offences are those offences for which a police officer may arrest without a court-
mandated warrant in accordance with the first schedule of the code.
• For non-cognizable cases the police officer may arrest only after being duly authorized by a
warrant.
• Non-cognizable offences are, generally, relatively less serious offences than cognizable ones.
• Cognizable offences reported under section 154 Cr.P.C while non-cognizable offences
reported under section 155 Cr.P.C.
• For non-cognizable offences the Magistrate empowered to take cognizance under section 190
Cr.P.C.
• Under section 156(3) Cr.P.C the Magistrate is competent to direct the police to register the
case, investigate the same and submit the challan/report for cancellation. (2003 P.Cr.L.J.1282)
• Ingredients of Section 154It is an information which is given to police officer.
• Information must relate to a cognizable offence.
• It is an information of offence first in point of time.
• The investigation starts immediately after recording the FIR.
• The information may be given by orally or in writing (Even a relevant telephonic information
is also sufficient to become FIR).
• A copy of the FIR shall be given to the informant free of cost immediately.
• Summons-case and warrant-case
• Under Section 204 of the code, a Magistrate taking
cognizance of an offence is to issue summons for the
attendance of the accused if the case is a summons case.
• If the case appears to be a warrant case, he may issue a
warrant or summons, as he sees fit.
• Section 2(w) of the Code defines summons-case as, a case
relating to an offence, and not being a warrant-case.
• Section 2(x) of the Code defines warrant-case as, a case
relating to an offence punishable with death, imprisonment
for life or imprisonment for a term exceeding two years.
 Territorial extent, scope and applicability
• The Criminal Procedure Code is applicable in the whole of India.
• The Parliament's power to legislate in respect of Jammu & Kashmir was
curtailed by Article 370 of the Constitution of India.
• Though, as of 2019, the Parliament has revoked Article 370 from Jammu
and Kashmir, thus rendering the CrPC applicable to the whole of India.
• Provided that the provisions of this Code, other than those relating to
Chapters VIII, X and XI thereof, shall not apply- (a) to the State of Nagaland,
(b) to the tribal areas,
• However the concerned State Government may, by notification apply any
or all of these provisions in these areas.
• Moreover, the Supreme Court of India has also ruled that even in these
areas, the authorities are to be governed by the substance of these rules.
 Functional Bodiesunder the Code
• Supreme Court of India
• High Courts
• District and Session Judge and Additional District Judges
• Judicial Magistrates
• Executive Magistrates
• Police
• Public prosecutors
• Defence Counsels
• Correctional services personnel