Background

The Code of Criminal Procedure (CrPC ) is the main legislation on procedure for administration of  substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. 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 conquest 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 1861 code continued after independence and was amended in 1969. It was  finally replaced in 1972 

Territorial Extent, Scope Applicability 

The Criminal Procedure Code is applicable in the whole of India except in the State of Jammu and  Kashmir. The Parliament’s power to legislate in respect of Jammu & Kashmir is curtailed by Article  370 of the Constitution of India. Provided that the provisions of this Code, other than those relating to  Chapters VIII, X and XI thereof, shall not apply- (a) to the State of Nagaland, (b) to the tribal areas,  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. 

∙ 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 Chapter 

Besides the High Courts and the Courts constituted under any law, other than this Code, there  shall be, in every State, the following classes of Criminal Courts, namely:- 

(i) Courts of Session;  

(ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan  Magistrates; 

(iii) Judicial Magistrates of the second class; and  

(iv) Executive Magistrates.

Territorial division 

(1) Every State shall be a sessions division or shall consist of sessions divisions; and every  sessions division shall, for the purposes of this Code, be a district or consist of districts: 

Provided that every metropolitan area shall, for the said purposes, be a separate sessions  division and district.  

(2) The State Government may, after consultation with the High Court, alter the limits or the number  of such divisions and districts  

(3) The State Government may, after consultation with the High Court, divide any district into sub divisions and may alter the limits or the number of such sub-divisions.  

(4) The sessions divisions, districts and sub-divisions existing in a State at the commencement of this  Code, shall be deemed to have been formed under this section 

Metropolitan Areas 

(1) The State Government may, by notification, declare that , as from such date as may be specified in  the notification, any area in the State comprising a city or town whose population exceeds one million  shall be a metropolitan area for the purposes of this Code.  

(2) As from the commencement of this Code, each of the Presidency-towns of Bombay, Calcuttaand  Madras and the city of Ahmedabad shall be deemed to be declared under subsection (1) to be a  metropolitan area. 

(3) The State Government may, by notification, extend, reduce or alter the limits of a metropolitan  area but the reduction or alteration shall not be so made as to reduce the population of such area to  less than one million.  

(4) Where, after an area has been declared, or deemed to have been declared to be, a metropolitan  area, the population of such area falls below one million, such area shall, on and from such date as the  State Government may, by notification, specify in this behalf, cease to be a metropolitan area; but  notwithstanding such cesser, any inquiry, trial or appeal pending immediately before such cesser  before any Court or Magistrate in such area shall continue to be dealt with under this Code, as if such  cesser had not taken place. 

SESSION COURTS 

(1)The State Government shall establish a Court of Session for every sessions division.  (2)Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.  

(3)The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to  exercise jurisdiction in a Court of Session. 

(4)The Sessions Judge of one sessions division may be appointed by the High Court to be also an  Additional Sessions Judge of another division, and in such case he may sit for the disposal of cases  at such place or places in the other division as the High Court may direct.  

(5)Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the  disposal of any urgent application which is, or may be, made or pending before such Court of  Session by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant  Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or  Magistrate shall have jurisdiction to deal with any such application.  

(6)The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may,  by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will  tend to the general convenience of the parties and witnesses to hold its sittings at any other place  in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place  for the disposal of the case or the examination of any witness or witnesses therein.  

SUBORDINATION OF ASSISTANT SESSIONS JUDGE 

(1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they  exercise jurisdiction.  

(2) The Sessions Judge may, from time to time, make rules consistent with this Code, as to the  distribution of business among such Assistant Sessions Judges.  

(3) The Sessions Judge may also make provision for the disposal of any urgent application, in the  event of his absence or inability to act, by an Additional or Assistant Sessions Judge, or, if there be no  Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and every such Judge or  Magistrate shall be deemed to have jurisdiction to deal with any such application.  

COURTS OF JUDICIAL MAGISTRATES 

(1)In every district (not being a metropolitan area), there shall be established as many Courts of  Judicial Magistrates of the first class and of the second class, and at such places, as the State  Government may, after consultation with the High Court, by notification, specify.  

(2)The presiding officers of such Courts shall be appointed by the High Court. 

The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a  

Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of  the State, functioning as a Judge in a Civil Court.  

CHIEF JUDICIAL MAGISTRATE & ADDITIONAL CHIEF JUDICIAL MAGISTRATES, etc 

(1)In every district (not being a metropolitan area), the High Court shall appoint a Judicial Magistrate  of the first class to be the Chief Judicial Magistrate.  

(2)The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief  Judicial  

Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate  under this Code or under any other law for the time being in force as the High Court may direct.  

(3)(a) The High Court may designate any Judicial Magistrate of the first class in any sub-division as  the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this  section as occasion requires.  

(b) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial  Magistrate shall also have and exercise, such powers of supervision and control over the work of the  Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the  High Court may, by general or special order, specify in this behalf.  

SPECIAL JUDICIAL MAGISTRATES 

(1) The High Court may, if requested by the Central or State Government so to do, confer upon  any person who holds or has held any post under the Government, all or any of the powers conferred  or conferrable by or under this Code on a Judicial Magistrate of the second class, in respect to  particular cases or to particular classes of cases or to cases generally, in any district, not being a  metropolitan area:  

Provided that no such power shall be conferred on a person unless he possesses such qualification or  experience in relation to legal affairs as the High Court may, by rules, specify.  

(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such  term, not exceeding one year at a time, as the High Court may, by general or special order, direct.  

LOCAL JURISDICTION of JUDICIAL MAGISTRATES 

(1) Subject to the control of the High Court, the Chief Judicial Magistrate may, from time to time,  define the local limits of the areas within which the Magistrates appointed under section 11 or under 

section 13 may exercise all or any of the powers with which they may respectively be invested under  this Code.  

(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such  Magistrate shall extend throughout the district.  

SUBORDINATION of JUDICIAL MAGISTRATES 

(1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other  Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the  Chief Judicial Magistrate.  

(2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders,  consistent with this Code, as to the distribution of business among the Judicial Magistrates subordinate  to him.  

COURTS of METROPOLITAN MAGISTRATES 

(1)In every metropolitan area, there shall be established as many Courts of Metropolitan Magistrates,  and at such places, as the State Government may, after consultation with the High Court, by  notification, specify.  

(2)The presiding officers of such Courts shall be appointed by the High Court.  

(3)The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the  metropolitan area.  

CHIEF METROPOLITAN MAGISTRATE AND ADDITIONAL CHIEF METROPOLITAN  MAGISTRATES 

(1) The High Court shall, in relation to every metropolitan area within its local jurisdiction,  appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area. 

(2) The High Court may appoint any Metropolitan Magistrate to be an Additional Chief  Metropolitan Magistrate, and such Magistrate shall have all or any of the powers of a Chief  Metropolitan Magistrate under this Code or under any other law for the time being in force as the High  Court may direct.  

SPECIAL METROPOLITAN MAGISTRATES  

(1) The High Court may, if requested by the Central or State Government so to do, confer upon  any person who holds or has held any post under the Government, all or any of the powers conferred  or conferrable by or under this Code on a Metropolitan Magistrate, in respect to particular cases or to  particular classes of cases or to cases generally, in any metropolitan area within its local jurisdiction:  

Provided that no such power shall be conferred on a person unless he possesses such qualification or  experience in relation to legal affairs as the High Court may, by rules, specify.  

(2) Such Magistrates shall be called Special Metropolitan Magistrates and shall be appointed for  such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.  

(3) Notwithstanding anything contained elsewhere in this Code, a Special Metropolitan  Magistrate shall not impose a sentence which a Judicial Magistrate of the second class is not competent  to impose outside the Metropolitan area.  

SUBORDINATION OF METROPOLITAN MAGISTRATES 

(1) The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall  be subordinate to the Sessions Judge; and every other Metropolitan Magistrate shall, subject to the  general control of the Sessions Judge, be subordinate to the Chief Metropolitan Magistrate.  

(2) The High Court may, for the purposes of this Code, define the extent of the subordination, if  any, of the Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate.  

(3) The Chief Metropolitan Magistrate may, from time to time, make rules or give special orders,  consistent with this Code, as to the distribution of business among the Metropolitan Magistrates and  as to the allocation of business to an Additional Chief Metropolitan Magistrate. 

EXECUTIVE MAGISTRATES 

(1) In every district and in every metropolitan area, the State Government may appoint as many  persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District  Magistrate.  

(2) The State Government may appoint any Executive Magistrate to be an Additional district  Magistrate, and such Magistrate shall have all or any of the powers of a District Magistrate under this  Code or under any other law for the time being in force.  

(3) Whenever, in consequence of the office of a District Magistrate becoming vacant, any officer  succeeds temporarily to the executive administration of the district, such officer shall, pending the  orders of the State Government, exercise all the powers and perform all the duties respectively  conferred and imposed by this Code on the District Magistrate.  

(4) The State Government may place an Executive Magistrate in charge of a sub-division and may  relieve him of the charge as occasion requires; and the Magistrate so placed in charge of a sub-division  shall be called the Sub-divisional Magistrate.  

(5) Nothing in this section shall preclude the State Government from conferring, under any law  for the time being in force, on a Commissioner of Police, all or any of the powers of an Executive  Magistrate in relation to a metropolitan area.  

SPECIAL EXECUTIVE MAGISTRATES 

2.16 Special Executive Magistrates  

The State Government may appoint, for such term as it may think fit, Executive Magistrates, to be  known as Special Executive Magistrates for particular areas or for the performance of particular  functions and confer on such Special Executive Magistrates such of the powers as are conferrable  under this Code on Executive Magistrates, as it may deem fit.  

LOCAL JURISDICTION OF EXECUTIVE MAGISTRATES 

(1) Subject to the control of the State Government, the District Magistrate may, from time to time,  define the local limits of the areas within which the Executive Magistrates may exercise all or any of  the powers with which they may be invested under this Code. 

(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such  Magistrate shall extend throughout the district.  

SUBORDINATION OF EXECUTIVE MAGISTRATES 

(1) All Executive Magistrates, other than the Additional District Magistrate, shall be subordinate  to the District Magistrate, and every Executive Magistrate (other than the Sub-divisional Magistrate)  exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate, subject,  however, to the general control of the District Magistrate.  

(2) The District Magistrate may, from time to time, make rules or give special orders, consistent  with this Code, as to the distribution of business among the Executive Magistrates subordinate to him  and as to the allocation of business to an Additional District Magistrate.  

2.19 Public Prosecutors  

(1)For every High Court, the Central Government or the State Government shall, after consultation  with the High Court, appoint a Public Prosecutor for conducting, in such Court, any prosecution,  appeal or other proceeding on behalf of the Central or State Government, as the case may be.  

(2)For every district the State Government shall appoint a Public Prosecutor and may also appoint  one or more Additional Public Prosecutors for the district.  

(3)The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of  persons who are, in his opinion, fit to be appointed as the Public Prosecutor or Additional Public  Prosecutor for the district.  

(4)No person shall be appointed by the State Government as the Public Prosecutor or Additional  Public  

Prosecutor for the district unless his name appears on the panel of names prepared by the District  Magistrate under sub-section (3).  

(5)A person shall only be eligible to be appointed as a Public Prosecutor or an Additional Public  Prosecutor under sub-section (1) or sub-section (2), if he has been in practice as an advocate for  not less than seven years. 

(6)The Central Government or the State Government may appoint, for the purposes of any case or  class of cases, an advocate who has been in practice for not less than ten years, as a Special Public  Prosecutor.  

ASSISTANT PUBLIC PROSECUTORS  

(1) The State Government shall appoint in every district one or more Assistant Public Prosecutors  for conducting prosecutions in the Courts of Magistrates.  

(2) Save as otherwise provided in sub-section (3), no police officer shall be eligible to be  appointed as an Assistant Public Prosecutor.  

(3) Where no Assistant Public Prosecutor is available for the purposes of any particular case, the  District Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of  that case:  

Provided that a police officer shall not be so appointed- 

(a)if he has taken any part in the investigation into the offence with respect to which the accused is  being prosecuted; or  

(b)if he is below the rank of Inspector.  

2.21 Power and Functions of Courts  

Courts by which offences are triable – 

Subject to the other provisions of this Code- 

(a)any offence under the Indian Penal Code (45 of 1860) may be tried by – 

(i) the High Court, or  

(ii) the Court of Session, or  

(iii) any other Court by which such offence is shown in the First Schedule to be triable; 

(b)any offence under any other law shall, when any Court is mentioned in this behalf in such law, be  tried by such Court and when no Court is so mentioned, may be tried by- 

(i) the High Court, or  

(ii) any other Court by which such offence is shown in the First Schedule to be triable.  

Jurisdiction in the case of juveniles 

Any offence not punishable with death or imprisonment for life, committed by any person who at the  date when he appears or is brought before the Court is under the age of sixteen years, may be tried  by the Court of a Chief Judicial Magistrate, or by any Court specially empowered under the Children  Act, 1960,(60 of 1960) or any other law for the time being in force providing for the treatment,  training and rehabilitation of youthful offenders.  

Sentences which High Courts and Sessions Judges may pass – 

(1)A High Court may pass any sentence authorized by law.  

(2)A Sessions Judge or Additional Sessions Judge may pass any sentence authorized by law; but any  sentence of death passed by any such Judge shall be subject to confirmation by the High Court.  

(3)An Assistant Sessions Judge may pass any sentence authorized by law except a sentence of death  or of imprisonment for life or of imprisonment for a term exceeding ten years.  

Sentences which Magistrates may pass- 

(1) The Court of a Chief Judicial Magistrate may pass any sentence authorized by law except a  sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.  

(2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term  not exceeding three years, or of fine not exceeding five thousand rupees, or of both.  

(3) The Court of a Magistrate of the second class may pass a sentence of imprisonment for a term  not exceeding one year, or of fine not exceeding one thousand rupees, or of both.  

(4) The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief  Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of  the first class.