WEEK 1-2

CRIMINAL PROCEDURE CODE

Malika Shah
Assistant Professor, JGLS
Why Criminal Law?
Don’t we already have a lot of laws?
CrPC creates a machinery for the detection of
crime, arrest of suspected criminals, collection of
evidence, determination of guilt pr innocence of
the accused and the imposition of proper
punishment for the guilty person

Safeguard against possible harms and violations

of human rights of innocent persons

Ensure a free and fair trial for the accused

 Herbert Packers Models of
Criminal Justice System

CRIME CONTROL DUE PROCESS

MODEL MODEL

Need to balance the interests of the State and the individuals who are
subject to such system
 Crime Control Model

Primacy to the state interest to effectively and efficiently

prevent, detect and punish crime

Most important function - suppress and control crime

Crime Control > Individual Freedom

Speed and Finality

Speed - depends on Informality and uniformity -

extra judicial processes preferred over judicial

processes

Finality - minimising occasions for challenge

Presumption of Guilt
Due Process Model
Just and Fair system for all

Individual Rights

Adequate Rights and means to protect

themselves

Obstacle course rather than an Assembly line

 4 Models by Kent Roach

Punitive Model of Victim’s Rights

Non-Punitive Model of Victim’s Rights
 Punitive Model of Victim’s Rights

majorly relies upon criminal sanction and punishment more

Non-Punitive Model
stress on crime prevention and restorative justice.
 Functionaries under the Code
1. Police
Director General of Police in the State
Superintendent of Police in the district
Power of arrest, search seizure, Investigation and much more

2. Prosecution (S.24)
State takes upon itself to prosecute the accused person.
Central govt. and the State Govt. appoints prosecutors at different
levels for conducting prosecution on their behalf.
Directorate of Prosecution (Added by the 2005 Amendment)

3. Defence Counsel
Adversarial system
Accused’s right to consult and be defended by a legal practitioner
of his choice ( Art. 21(1) of the Constitution of India and S. 303
and 304 of the Code)
 Legal Aid – S. 304 CrPc vs S.341 BNSS

S. 304 CrPC S. 341 BNSS

a. At the Stage of Trial At the stage of trial or appeal

b. Before the Court of Sessions Before any Court

4. Courts

5. Prison Authorities and Correctional Institutions

 Classification of Offences
Cognizable Non-Cognizable

S.2(c) S.2(l)
1.

2. Bailable Non-Bailable

S.2(a) S.2(a)

3.
Warrants Summons

S.2(x) S.2(w)
4. Compoundable Non-Compoundable

S.320 S.320
Hierarchy of Courts
•

S. 6 talks about the classification of the Courts

Supreme Court & High Court created under the Constitution of India

Sessions Court – S. 9- 10

Court of Judicial Magistrates – S. 11

Courts of Metropolitan Magistrates – S. 16

Sentencing Power of Courts – S. 26-31

 BNSS vs CrPC – Constitution of Courts :

1. BNSS makes no mention of Metropolitan Magistrates in the Constitution of Courts

2. It does not even mention Assistant Sessions Court under the scheme.
There is a clear separation of
powers between the executive and
the judiciary. The more important
and judicial functions are left to
the domain and jurisdiction of
Judicial Courts. Functions like
the maintenance of public order,
law and order are left to the
Executive Magistrates.