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CR PC Full Form

CR PC Full Form

Edited By Team Careers360 | Updated on Jun 19, 2023 03:46 PM IST

The Code of Criminal Procedure or Criminal Procedure Code, 1973, is the official name for this CrPC Act. The provisions of this Code, other than those relating to Chapters VIII, X, and XI thereof, shall not apply to the State of Nagaland, or to the tribal areas; however, the concerned State Government may, by notification, apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, in place of the provisions that are not applicable to the State of Jammu and Kashmir.

Explanation. In this section, "tribal areas" refers to those regions that, before January 21, 1972, were part of Assam's tribal areas as defined in paragraph 20 of the Constitution's Sixth Schedule, with the exception of those that are located within Shillong's municipal boundaries. It will go into effect on April 1st, 1974.

History

The Mohammedan Criminal Legislation replaced the law that the Muslims had enforced in mediaeval India as the standard. A Supreme Court was established in Calcutta under the British kings' Regulating Act of 1773, and later ones were established in Madras and Bombay. The Supreme Court was compelled to use British procedural law when making decisions in instances involving subjects of the Crown.

The crown took over control of India's governance after the 1857 Rebellion. In 1861, the Indian Penal Code was enacted by the British parliament. The CrPC was first created in 1882, revised in 1898, and then revised in 1973 in accordance with the recommendations of the 41st Law Commission.

Classification of offences under the Code

There are 2 types. 1. Cognizable offences and 2. non-cognizable offences. According to the first schedule of the code, cognizable offences are those for which a police officer may make an arrest without a court-issued warrant. The police officer may only make an arrest in non-cognizable circumstances after receiving the proper authorization from a warrant. In general, non-cognizable offences are considered to be less serious than cognizable ones. Offences that are subject to legal punishment are governed by Section 154 of the Criminal Procedure Code, while crimes that are not subject to legal punishment are governed by Section 155. Section 190 of the Criminal Procedure Code gives the Magistrate the authority to declare non-cognizable offences to have occurred. The Magistrate has the authority to order the police to file the case, conduct an investigation, and submit the challan or report for dismissal under section 156(3) of the Criminal Procedure Code. (2003 P.Cr.L.J.1282)

Territorial extent, scope and applicability

In all of India, the Criminal Procedure Code is operative. Article 370 of the Indian Constitution limits the Parliament's ability to legislate in regard to Jammu & Kashmir. The CrPC, however, now applies to the entirety of India as of 2019, after the Parliament decided to exclude Jammu and Kashmir from the purview of Article 370.

The appropriate State Government, however, is free to apply any or all of these rules in these regions by notification. It is provided that the provisions of this Code, other than those relating to Chapters VIII, X, and XI of this Code, shall not apply- (a) to the State of Nagaland, (b) to the tribal areas. Additionally, the Supreme Court of India ruled that the authorities must be governed even in these areas.

Bodies function under the Code

  • Supreme Court of India
  • High Courts
  • District and Session Judge and Additional District Judges
  • Judicial Magistrates (CJM, JFCM,JSCM)
  • Executive Magistrates (DM, ADM, SDM, EM)
  • Police
  • Public prosecutors
  • Defence counsel
  • Correctional Services Personnel

Bail

The terms "bailable" and "non-bailable" have definitions in the code, although the term "bail" does not. However, the Black's Law Lexicon defines it as a guarantee of the accused person's appearance, in exchange for which he is released pending trial or investigation.

The Indian Penal Code's list of offences is categorized in the First Schedule of the Code. In addition to stating whether an offence is punishable by bail or not, it also states whether it is cognizable or not, which court has jurisdiction to try the offence, and the minimum and maximum sentence that can or must be imposed for the offence.

The Supreme Court of India has on occasion ruled certain offences bailable.

Summary trials

The Code's Section 260 Clause 1 identifies a number of offences that any Chief Judicial Magistrate, Metropolitan Magistrate, or Judicial Magistrate First Class may summarily try. Before a First Class Magistrate is permitted to try cases expeditiously under this Section, the appropriate High Court must first give its consent.

The following offences may be tried quickly under this Section:

  • Crimes that are not punished by death, life in prison, or a sentence of more than two years in jail.
  • Theft is covered by Sections 379, 380, and 381 of the Indian Penal Code if the stolen property has a value of less than 2,000 INR.
  • receiving or holding onto stolen goods that have a value of fewer than 2,000 rupees is prohibited by Section 411 of the Penal Code.
  • Under Section 414 of the Penal Code, aiding in the concealment or disposal of stolen property with a value of less than 2,000.
  • House trespassing (Section 454) and house-breaking (Section 456 of the Indian Penal Code) occur at night.
  • Criminal intimidation under Section 506 and insult with the purpose to cause a breach of peace under Section 504 of the
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