Criminal Procedure Code (Cpc) And Procedural Rules
⚖️ I. Introduction to Criminal Procedure Code (CrPC)
The Criminal Procedure Code, 1973 (CrPC) is the primary procedural law for criminal justice in India, governing the investigation, inquiry, trial, and appeals of criminal cases. It lays down the framework for police powers, judicial procedures, and rights of accused and victims.
Objective: To provide fair, speedy, and just criminal proceedings, balancing the rights of individuals with societal need for law and order.
⚖️ II. Structure of CrPC and Key Features
CrPC is divided into 23 Chapters, covering:
Preliminary – Definitions, scope, and classification of offenses (Chapter I & II).
Investigation of Crime – Registration of FIR, powers of police, search, seizure, and arrest (Chapters XII–XIII).
Inquiry and Trial Procedures – Summons, charge, trial, judgment (Chapters XV–XX).
Appeals, Revisions, and References – Appellate and revisional remedies (Chapters XX–XXI).
Execution of Sentences – Imprisonment, fines, and probation (Chapter XXII).
Key Principles:
Cognizable vs. Non-cognizable offenses (Police power to investigate).
Bailable vs. Non-bailable offenses (Right to bail).
Summary vs. Warrant cases (Nature of trial).
Rights of accused – Section 41–60 (arrest), Section 50–54 (procedural safeguards).
⚖️ III. Important Procedural Rules under CrPC
Arrest (Sec. 41–60): Police can arrest persons for cognizable offenses; accused must be informed of reasons and rights.
Investigation (Sec. 154–176): Includes FIR registration, search, seizure, and collection of evidence.
Trial Procedures:
Section 200: Complaint to magistrate.
Section 211: Committal of cases to Sessions Court.
Section 227: Discharge of accused by magistrate if no prima facie case.
Bail Provisions (Sec. 436–450): Bail may be granted as a right or discretion based on severity of offense.
Appeal and Revision (Sec. 372–401): High Court or Supreme Court can correct errors in conviction or sentencing.
Execution of Sentences (Sec. 421–437): Imprisonment, fines, probation, and release provisions.
⚖️ IV. Landmark Case Laws on CrPC and Procedural Rules
Case 1: Joginder Kumar v. State of U.P. (1994) 4 SCC 260
Facts: Arrest without sufficient justification.
Held:
Supreme Court ruled that arrest cannot be arbitrary.
Police must record reasons for arrest under Section 41 CrPC.
Significance:
Established procedural safeguards under CrPC for arrest and detention.
Case 2: D.K. Basu v. State of W.B. (1997) 1 SCC 416
Facts: Custodial torture and deaths.
Held:
Court issued 11 mandatory guidelines for police arrest, including ID of officer, memo, and informing relatives.
Significance:
Strengthened procedural safeguards in CrPC to prevent custodial abuse.
Case 3: State of Haryana v. Bhajan Lal (1992) Supp (1) SCC 335
Facts: Alleged misuse of police powers for harassment.
Held:
Court listed types of cases where FIR should not be registered.
Judicial review can prevent abuse of CrPC powers during investigation.
Significance:
Emphasized limitations on arbitrary police powers under CrPC.
Case 4: Lalita Kumari v. Govt. of U.P. (2013) 2 SCC 1
Facts: Police refused to register FIR.
Held:
Registration of FIR is mandatory for cognizable offense under Section 154 CrPC.
Significance:
Strengthened procedural duty of police in criminal justice.
Case 5: K.K. Verma v. Union of India (1961) 1 SCR 756
Facts: Preventive detention and procedural lapses.
Held:
Preventive powers must follow CrPC procedure; arbitrary action violates Article 21.
Significance:
Reinforced constitutional limits on procedural powers under CrPC.
Case 6: Sunil Batra v. Delhi Administration (1978) 4 SCC 494
Facts: Challenged custodial conditions post-conviction.
Held:
Prisoners have rights under CrPC and Constitution.
Court can intervene if procedural rules are violated in post-conviction stage.
Significance:
Highlighted procedural safeguards even after conviction.
Case 7: State of Maharashtra v. Dr. Praful B. Desai (2003) 4 SCC 601
Facts: Alleged medical negligence; issue of investigation procedure.
Held:
Court emphasized strict adherence to procedural rules during investigation and trial under CrPC.
Significance:
Reinforced due process and fairness in CrPC investigations.
⚖️ V. Observations on CrPC
CrPC balances state’s power to enforce law and individual rights.
Procedural safeguards are mandatory, not discretionary.
Police investigation, arrest, and trial procedures are strictly regulated to prevent abuse.
Courts have consistently reinforced rule of law and constitutional compliance within CrPC framework.
Post-conviction rights, including prison conditions, appeal, and revision, are an integral part of CrPC.
Summary Table of Cases and Principles
| Case | Provision | Principle |
|---|---|---|
| Joginder Kumar v. U.P. | Sec. 41 CrPC | Arrest cannot be arbitrary |
| D.K. Basu v. W.B. | Sec. 41–60 CrPC | Custodial safeguards during arrest |
| Bhajan Lal v. Haryana | Sec. 154 CrPC | Prevent abuse of police powers |
| Lalita Kumari v. U.P. | Sec. 154 CrPC | FIR registration is mandatory |
| K.K. Verma v. U.I. | Preventive powers | Must follow procedure; arbitrary action invalid |
| Sunil Batra v. Delhi Admin | Sec. 428 CrPC | Procedural safeguards even post-conviction |
| Praful B. Desai | Investigation & trial | Strict adherence to CrPC procedures |
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