The Code of Criminal Procedure, 1973
The Code of Criminal Procedure, 1973 (CrPC)
Overview:
The Code of Criminal Procedure, 1973 (CrPC) is an essential legislation in India that provides the procedural framework for the administration of criminal law. It defines the process for investigation, inquiry, trial, and punishment of criminal offenses. The CrPC ensures fair trial procedures and safeguards the rights of the accused while facilitating the enforcement of criminal law.
Key Features and Provisions:
Scope: Applies to all criminal proceedings except military offenses.
Investigation: Defines how police investigate crimes, including arrest, search, and seizure procedures.
Trial Procedure: Specifies the types of trials (summary, warrant, and summons cases).
Cognizance of Offenses: Courts’ authority to take notice of offenses.
Bail: Provisions for granting or denying bail.
Judgments and Sentencing: Rules for delivering judgments and types of punishments.
Appeals and Revisions: Procedures for appealing against convictions or acquittals.
Special Courts: Establishment of special courts for specific crimes.
Rights of the Accused: Protection against self-incrimination, right to legal aid, and fair trial.
Role of Public Prosecutor: Represents the state in prosecution.
Table Summary of The Code of Criminal Procedure, 1973
| Aspect | Description |
|---|---|
| Enactment Year | 1973 |
| Purpose | To lay down procedures for the investigation, inquiry, trial, and punishment of criminal offenses. |
| Applicability | Applies to all criminal cases except military offenses. |
| Types of Cases | Summary cases, warrant cases, summons cases. |
| Investigation Process | Police investigation, arrest, search, seizure procedures. |
| Trial Process | Conduct of trials, evidence presentation, witness examination. |
| Bail Provisions | Conditions and types of bail – anticipatory and regular bail. |
| Judgment and Sentencing | Guidelines for verdicts and sentencing options including imprisonment, fines, probation. |
| Appeals and Revisions | Procedures for appealing decisions to higher courts. |
| Rights of Accused | Right to legal representation, protection against self-incrimination, fair trial guarantees. |
| Special Provisions | Establishment of special courts, procedures for juveniles, preventive detention provisions. |
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