Code of Criminal Procedure (India)

Criminal Procedure Code, 1973
Scale of justice 2.svg
Act No. 2 of 1974
Territorial extentIndia (except Jammu and Kashmir)
Date assented to25 January 1974
Date commenced1 April 1974
Legislative history
Third reading3
Committee report
  • 41st Report of the Law Commission of India (1969)
  • 37th Report of the Law Commission of India (1967)
  • 14th Report of the Law Commission of India (1958)
  • Joint Committee on the Code of Criminal Procedure Bill, 1970
  • Report of the Expert Committee on Legal Aid- Proccessual Justice to the People (1973)
Amends
see Amendments
Related legislation
Summary
Procedure for administration of substantive criminal laws.
Status: Amended

The Code of Criminal Procedure (CrPC ) is the main legislation on procedure for administration of substantive criminal law in India.[1] It was enacted in 1973 and came into force on 1 April 1974.[2] 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,[3] 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.