Introduction to CrPC, 1973

The Code of Criminal Procedure, 1973 (CrPC) is the procedural law that governs the administration of criminal justice in India. It covers investigation, arrest, bail, trial, appeals, and execution of sentences.

Key Definitions under CrPC

• Cognizable Offense (Section 2(c)): Police can arrest without warrant (e.g., murder, theft, rape)
• Non-Cognizable Offense (Section 2(l)): Police cannot arrest without magistrate's order (e.g., defamation, simple hurt)
• Bailable Offense (Section 2(a)): Bail is right (Schedule I offenses)
• Non-Bailable Offense (Section 2(a)): Bail is discretion of court
• Complaint (Section 2(d)): Allegation made to magistrate regarding offense
• Investigation (Section 2(h)): Collection of evidence by police
• Inquiry (Section 2(g)): Proceedings before magistrate
• Trial (Section 2(r)): Proceedings before court of session or magistrate

Stages of Criminal Case

Pre-Trial Stage

• Filing FIR (Section 154): Information to police about cognizable offense
• Investigation (Sections 156-175): Examination of witnesses, document collection, spot inspection
• Arrest (Sections 41-60): With or without warrant as per offense type
• Bail (Sections 436-439): Regular bail or anticipatory bail
• Filing Charge Sheet (Section 173): Police submits final report to magistrate within 60-90 days

Trial Stage

• Cognizance (Section 190): Magistrate takes cognizance of offense
• Summons/Warrant: Court issues process to accused
• Supply of Documents (Section 207/208): Accused gets copy of police report and statements
• Charges Framing (Section 228/240): Court frames charges if prima facie case exists
• Plea of Guilty (Section 229/241): Accused may plead guilty
• Prosecution Evidence (Section 230/242): Prosecution examines witnesses
• Statement of Accused (Section 313): Court questions accused on incriminating evidence
• Defense Evidence (Section 233/243): Accused may lead defense evidence
• Final Arguments: Both sides make oral submissions
• Judgment (Section 235/248): Court pronounces conviction or acquittal
• Sentence Hearing (Section 235(2)): For conviction, court hears on sentence

Post-Trial Stage

• Appeal (Sections 372-394): Right to appeal against conviction/acquittal
• Revision (Sections 397-401): High Court/Sessions Court power to examine correctness of lower court orders
• Execution (Sections 413-423): Implementation of sentence

Types of Criminal Trials

• Warrant Trial (Sections 238-250): For offenses punishable with death, life imprisonment, or over 7 years
• Summons Trial (Sections 251-259): For offenses punishable with up to 2 years imprisonment
• Summary Trial (Sections 260-265): For petty offenses (up to 6 months) - faster procedure
• Committal Trial (Sections 207-211): Magistrate commits case to Sessions Court after preliminary hearing

Important CrPC Provisions

FIR (Section 154)

Information about cognizable offense must be recorded by police. Free copy must be given to informant. If police refuses, approach Superintendent of Police or magistrate under Section 156(3).

Maintenance (Section 125)

Magistrate can order maintenance for wife, children, and parents unable to maintain themselves. Maximum ₹10,000 per month (enhanced in many states).

Plea Bargaining (Chapter XXI-A)

Mutual disposition for offenses not punishable with death or life imprisonment. Reduces sentence by up to 1/4th.

Compounding of Offenses (Section 320)

Certain offenses can be compounded (settled) by parties - either with or without court permission.

Powers of Criminal Courts

• Supreme Court: Any sentence (including death)
• High Court: Any sentence
• Sessions Court: Any sentence (death subject to High Court confirmation)
• Chief Judicial Magistrate: Up to 7 years imprisonment and fine
• First Class Magistrate: Up to 3 years imprisonment and fine up to ₹10,000
• Second Class Magistrate: Up to 1 year imprisonment and fine up to ₹5,000