Code of Criminal Procedure, 1973
The Code of Criminal Procedure (CrPC) is the main legislation on procedure for administration of substantive criminal law in India.[1] It was enacted in 1973 and came into force on 1 April 1974.[2] 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. Additionally, it also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.
At present, the Act contains 484 Sections, 2 Schedules and 56 Forms. The Sections are divided into 37 Chapters.
History
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 Criminal Procedure Code, 1861 was passed by the British parliament. The crpc was created first time ever in 1882 and then amended in 1898, then According to 41st law commisssion 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 154
It 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.
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