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Some Most Important Provisions Of CrPC That You Must Know

Updated: Jan 29

The Code of Criminal Procedure (CrPC) is the legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974.



Here Are Some Most Important Provisions Of CrPC That You Must Know -

Sessions Trial

Code of Criminal Procedure, 1973 divides criminal trials into Magisterial trial and Sessions trial. A session trial is coupled with arguments, evidence and cross-examinations. Section 225-237 of the Code deals with the procedure for a trial before a Court of Session.


Summary Trials

Summary trials implies speedy disposal of trials. The object of summary trial is to have a record which is sufficient for the purpose of justice, and yet, not so long as to impede a speedy disposal of the case. Provisions for summary Trials are under section 260 to 265 of The Code of Criminal Procedure (CrPC),1973.


Charge

A charge is a formal recognition of concrete accusation by magistrate or a court based upon a complaint or information against the accused.It is defined under section 2(b) of The Code of Criminal Procedure (CrPC),1973.

1. Content of Charge - Section 211 of The Code of Criminal Procedure (CrPC),1973.

2. Consequence of defect in framing of charge - Section 215 and Section 464 of The Code of Criminal Procedure (CrPC),1973.

3. When the court alter or amend a charge - Section- 216 of The Code of Criminal Procedure (CrPC),1973.


Inherent Powers of High Court

The powers of the High Court under Section 482 of The Code of Criminal Procedure (CrPC),1973 are partly administrative and partly judicial. The section was added by the Code of Criminal Procedure (Amendment) Act of 1923, "to give effect to an order under CrPC, to prevent abuse of the process of the court, and to secure the ends of justice".



Information to the Police Officer

Under Section 154 of the Code of Criminal Procedure, 1973, Any person may go to the Police Station and inform to the police-officer in charge of it about the incident of a crime and the machinery of law comes into action.


Power Of Police To Investigate

Under Section 156 of the Code of Criminal Procedure, 1973, Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.


Powers of Magistrate

Section 144 of the Code confers the Magistrate the power to protect the public calmness. A Magistrate is empowered to make any order either in case of nuisance or apprehended danger where such nuisance or danger causes disturbance to public calmness or leads to riots or affray.


Anticipatory Bail

Law Commission of India in its 41st report recommended incorporating a provision for Anticipatory Bail. Under Section 438 of Criminal Procedure Code,1973, Anticipatory Bail is defined as a provision which allows a person to seek bail in anticipation of an arrest on accusation of non-bail able offence having committed by him. In Simple terms, Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested.



Arrest

The Criminal Procedure Code of 1973, that deals with the aspects of arrests, have not defined the very same term. Though, In a general term, the word ‘arrest’ in its normal sense would mean the apprehension, restraint or deprivation of one’s liberty. Section 41 enumerates the different categories of cases in which an officer of the Police Department may arrest an individual without an order from a Magistrate and a warrant.

  1. Section 42: Arrest for refusal to give name and residence.

  2. Section 43: A private individual may conduct an arrest or cause to be arrested by any individual who in his presence commits a cognizable or a non-bailable offence or who is a proclaimed offender.

  3. As stated in Section 44 clause (1) of the Criminal Procedure Code, the Magistrate has been given the power to arrest an individual who has committed an offence in his presence and custody.Under Clause 2, the Magistrate has the power to arrest a person for which he is competent and has also been authorized to issue a warrant.


First Information Report (FIR)

Under Section 154, If an information which relates to a criminal offence is registered with the police, then it is known as the First Information Report. The Constitution Bench of the Supreme Court in Lalita Kumari Case also held that Registration of FIR is mandatory under Section 154(1) of the Criminal Procedure Code.


Rights of Arrested Individuals
  • Under Section 50, It is the fundamental right of a person to be informed of the actions that are to be made against him.

  • In situations of non-cognizable cases, an arrest is to be made with an arrest warrant, and the individual who is to be arrested has every right to see the warrant as stated in Section 75 of the Criminal Procedure Code.

  • Under Section 41D and Section 303 of the Criminal Procedure Code, the accused and arrested has every right to meet an advocate of choice during interrogation.

  • Section 50 of the Criminal Procedure Code states that the arrested has the right to inform a member of his family, relative or a friend of the situation.

  • The arrested person has the right not to be detained for more than 24 hours without being present before a Magistrate. This right is fundamental and prevents unlawful and illegal arrests.

Protection to Females

Section 53(2) of the Criminal Procedure Code states that it is a salutary principle that a medical examination of the arrested female to be conducted by a female medical practitioner.


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