The Pakistan Law Commission received certain complaints to the effect that various provisions of the Code of Criminal Procedure, have become outdated and are causing numerous problems to the litigant public. It was also reported that due to lacunae in certain other provisions of the Code the Police officials abuse their powers and authority which results in tremendous inconvenience to the people, besides inflicting avoidable sufferings on the accused and his family. The Commission further took notice of the defect in law whereunder the offence of perjury cannot be effectively curbed. Furthermore, it considered the issue of termination of appeal proceedings in the event of the death of the convict appellant. The specific complaints relate to the following issues:. The Commission deliberated upon these issues and resolved to propose appropriate amendments to the Code.
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It also deals with public nuisance, prevention of offences and maintenance of wife , child and parents. At present, the act contains sections,  2 schedules and 56 forms.
The sections are divided into 37 chapters. In medieval India, subsequent to the law set by the Muslims, the Mohammedan Criminal Law came into prevalence. The Supreme Court was to apply British procedural law while deciding the cases of the Crown's subjects.
After the Rebellion of , the crown took over the administration in India. The Criminal Procedure Code, was passed by the British parliament. The crpc was created first time ever in and then amended in , then According to 41st law commission report in 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 Cr. C while non-cognizable offences reported under section Cr. For non-cognizable offences the Magistrate empowered to take cognizance under section Cr. Under section 3 Cr. Under Section 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. The Criminal Procedure Code is applicable in the whole of India. But now the Parliament has revoked Article from Jammu and Kashmir. Thus CrPC is applicable to whole India. 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 . There is no definition of the term " bail " under the code though the terms "bailable" and "non-bailable" have been defined. Besides specifying whether an offence is Bailable or Non-Bailable it also specifies if it is Cognizable or Non-Cognizable, which Court has the jurisdiction to try the said offence, the minimum and maximum amount of punishment that can or shall be awarded for the said offence.
The Supreme Court of India can and has from time to time made certain bailable offences, non-bailable or vice-a-versa by special directions, to curb increasing menace of certain crimes in the society. A First Class Magistrate must first be authorised by the respective High Court to that effect before he may try cases summarily under this Section.
Apart from the above, a Second Class Magistrate may, if so empowered by the High Court, summarily try an offence punishable with fine or with imprisonment not exceeding six months or the abetment or attempt to commit such an offence.
As per section 2 no sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this chapter A summary trial tried by a magistrate without being empowered to do so is void. The procedure for a summoncase is to be followed, subject to special provisions made in this behalf. The maximum sentence that may be awarded by way of a summary trial is three months with or without fine.
The Magistrate may give up the summary trial in favour of the regular trial if he finds it undesirable to try the case summarily. The judgement is to be delivered in abridged form. Judgment is the final reasoned decision of the Court as to the guilt or innocence of the accused. Where the accused is found guilty, the judgment must also contain an order requiring the accused to undergo punishment or treatment. Every court must deliver the judgement in the language of that court as determined by the State Government.
It must contain the points that lead to the determination of guilt or innocence. It usually commences with facts and must indicate careful analysis of evidence. It must also specify the offence under the penal code or such other specific law as well as the punishment sentenced.
If acquitted the offence of which the accused is so acquitted must be specified along with a direction that the accused be set at liberty. According to Section of the Code, a Metropolitan Magistrate may deliver judgments in abridged form and should contain:.
The functions of a civil court may be performed by a criminal court by virtue of Section , and This has been done to provide just, speedy and less expensive redress to the victim. Such fine may, wholly or in part, be used for the purpose of compensating the victim as per the amendment of A new section A has been inserted which talks of victim compensation scheme.
Further in the year two new sections namely section B and section C were inserted to make compensation to the victim as defined under section 2 wa in addition to fine imposed under section A or D of the IPC as well as treatment of victim respectively. Having regards to the age, character and antecedents of the offender, and the circumstances in which the offence was committed, if the Court convicting the accused considers it expedient to release the offender, it may do so either on probation of good conduct or after due admonishment.
This provision is contained in Section of the Code. Thus the court may direct that the offender be released on his entering into a bond, with or without sureties. The offender is further required to keep peace and be of good behaviour as well as appear thereafter before the court when called upon during such period as the court may decide. This period should not exceed three years. The following conditions have to be satisfied:. Alternatively, the offender may be released after due admonition, if the following conditions are satisfied:.
No Magistrate of Second Class may release an offender under in such manner without being empowered to do so. He may transfer the case to a Magistrate for consideration. Section narrows down the discretion of the Court to sentence an offender without taking into consideration the provisions of Section and similar provisions contained in the Probation of Offenders Act or any other law for treatment, training and rehabilitation of youthful offenders.
Section 30 provides the Court of a Magistrate with the power to award imprisonment for additional terms over the substantive period awarded. The Code and the Constitution of India together provide for multiple ranges of appellate remedy. Judgements and orders arising from petty cases are not appealable unless the sentences are combined with other sentences.
If the conviction from a plea of guilt is by a Sessions Court, Metropolitan Magistrate or a Magistrate of First or Second Class, only the legality of the sentence may be brought into question in an appeal. The Code has been amended several times. From Wikipedia, the free encyclopedia. An Act to consolidate and amend the law relating to Criminal Procedure. Main article: Cognizable offence. The Constitution and criminal justice administration.
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The Criminal Law Amendment Act, The Lokpal and Lokayuktas Act, In Force.
CrPC was enacted after 1857 mutiny
This story is from May 5, What is the Code of Criminal Procedure? The second part determines the way in which prosecution and justice will be done. The first part comes under the penal code while the second part is called the code of criminal procedure. The penal code defines a crime, for instance, as murder or rape and it will also provide punishment to be given once the crime is proved. The code of criminal procedure on the other hand will determine the way in which the police, prosecutors and magistrates or judges will act during the investigation and trial of the case.
Code of Criminal Procedure (India)