The Code of Criminal Procedure (CrPC) is India's primary piece of legislation governing the administration of substantive criminal law. It was passed in 1973 and went into effect on April 1, 1974. [2] It provides the machinery for investigating crime, apprehending suspected offenders, gathering evidence, determining guilt or innocence of the accused, and determining punishment for the guilty. It also addresses public disturbance, crime prevention, and the upkeep of a wife, child, and parents.
The Act currently has 484 Sections, 2 Schedules, and 56 Forms. The Sections are further subdivided into 37 Chapters.
Warrant-Case and Summons-Case
If the matter is a summons case, a Magistrate taking cognizance of a crime is required under Section 204 of the code to issue summons for the appearance of the accused. If it appears that the case is a warrant case, he may issue a warrant or summons as he sees suitable. According to Section 2(w) of the Code, a summons-case is a case relating to an offence that is not a warrant-case. Section 2(x) of the Code defines a warrant-case as one involving an offence punishable by death, life imprisonment, or imprisonment for a duration of more than two years.
History
Following the Muslims' invasion of mediaeval India, the Mohammedan Criminal Law took hold. The British overlords passed the Regulating Act of 1773, which established a Supreme Court in Calcutta, and later in Madras and Bombay. The Supreme Court was to decide the cases of the Crown's subjects using British procedural law. Following the 1857 Rebellion, the crown took over government in India. The British parliament passed the Criminal Procedure Code in 1861. The 1861 code remained in effect after the country's independence and was revised in 1969. In 1972, it was ultimately replaced.
Offenses under the Code are classified as either cognizable or non-cognizable.
The main article is: Offense punishable by law
According to the first schedule of the code, cognizable offences are those for which a police officer may arrest without a warrant from a court. In non-cognizable circumstances, a police officer may only arrest if he or she is lawfully authorised by a warrant. Non-cognizable offences are often less serious than cognizable offences. Cognizable offences are recorded under section 154 of the Criminal Procedure Code, while non-cognizable offences are reported under section 155 of the Criminal Procedure Code. For non-cognizable offences, the Magistrate has the authority to take cognizance under Section 190 of the Cr.P.C. The Magistrate has the authority under section 156(3) Cr.P.C. to direct the police to record the case, investigate it, and cancel the challan/report. (P.Cr.L.J.1282, 2003)