Code of Criminal Procedure (CrPC)

Section 144 CrPC was invoked by the police forces across the country to contain the nation-
wide protests against the Citizenship Amendment Act.

Popularly known as the Criminal Procedure Code (CrPC), it is the primary legislation
regarding the procedural aspects of criminal law. It also contains certain provisions that are
not strictly procedural in nature which include provisions pertaining to the prevention of
nuisance (Section 133) and Maintenance of Wife and Children (Sections 125-128). The Code
contains 484 sections spread along 37 chapters, along with 2 schedules and 56 forms.

Criminal Procedure Code – CrPC

The administration of India was taken over after the rebellion of 1857 by the British crown
and subsequently, the Criminal Procedure Code was enacted in the year 1861.

 The enactment of 1861 made the European natives immune from the jurisdiction of
the criminal courts except for the high Court.
 The code was amended in the years 1872, 1882 and 1898 to ensure uniform
application over British and Indian subjects.
 The legacy of British India continued until the present Code came into effect in the
year 1973.
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1. Section 144 CrPC was invoked by the police forces across the country to contain the
nation-wide protests against the Citizenship Amendment Act. Read in detail about
the Citizenship Amendment Act CAA 2019 on the linked page.
What is Section 144 of CrPC?

1. Section 144 of Criminal Procedure Code is frequently used to prohibit assemblies of four or more
individuals, or to order mobile phone companies to block voice, SMS, or Internet communications in
one or more geographical areas.
2. No order passed under Section 144 can remain in force for more than two months from the date of the
order.
3. The state government can extend this, but not more than six months.
4. The British Raj used Section 144 for the first time in 1861. Since then, it was used by the colonial
government to suppress all the nationalist protests that had taken place in the struggle for independence.
5. Violation of Section 144 is liable for a maximum of 3 years imprisonment.

What is Investigation?
According to Section 2(h) of the Code, an investigation is a process of collecting evidence by
either a police officer or any other person that is authorised by a Magistrate to do so.
  For the purposes of investigation, cases under CrPC have been divided into
cognizable and non-cognizable cases.

 Cognizable cases are serious criminal matters where the police can arrest
without any warrant and can start investigating without permission by a
magistrate. These cases include among others Murder, Rape, etc.
 Non-cognizable cases, on the other hand, are less serious matters where the
police cannot arrest without a valid warrant and also can start the investigation
only when they obtain permission from a magistrate, for instance, cases like
Assault and Defamation.
 The process of investigation starts by taking cognizance of a case and is completed
when the police report is submitted under Section 173.
 The process of investigation is thorough and full of intricate procedures, any
irregularities in the procedure may result in the acquittal of the accused.

Arrest in CrPC
Arrest means the apprehension of a person by the authorities, thus depriving him of his
liberty. In criminal law, it is an essential aspect so that the accused is made to face the process
of law and also prevents him from absconding. Some important rights that a person who is
being arrested has are:

 There can be no legal arrest if there is no information or reasonable suspicion that the
person has been involved in a cognizable offence or commits offence(s), specified in
Section 41.
 Section 46 of CrPC envisages modes of arrest i.e. submission to custody, touching the
body physically or confining the body. In case the force is required to make an arrest,
it should not be any more than is actually required.
 In the case of women, the body of the person is not to be touched unless the arresting
person is also a female. A female can also not be arrested after sunset and before
sunrise, except in exceptional circumstances with the prior permission of a
Magistrate.
 The arrested person must be informed of the grounds of arrest as soon as he is
arrested. By virtue of the judgement in D.K. Basu case and subsequent amendments in
the CrPC, the arresting officer is to inform a friend, a relative or nominated person of
the arrestee.
 Section 54 of the CrPC provides for a compulsory medical examination of the
accused by a medical practitioner, in case of females, the examiner has to be female
too.
 The arrestee is also entitled to be counselled and defended by a lawyer of his choice,
in addition to being entitled to free legal aid.
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What is Bail?
Bail means the temporary release of an accused; it is not only the essence of the criminal
procedure but also a bulwark of individual liberty. Under CrPC the cases in which the
accused is entitled to bail are referred to as bailable offences. On the other hand, non-bailable
are those cases where the release on bail is to be decided by a competent court. The accused
can be released on bail in these cases by the court after imposing some conditions. The Code
also provides for an anticipatory bail in case any person is apprehending arrest, i.e. bail even
before the person is arrested. Read in detail about Bail in India on the linked page.

Trial under CrPC

For the purposes of trials, the cases under CrPC can be classified in into four categories:

1. Sessions Case: These are cases where the punishment for the offences involved is
death, life imprisonment or imprisonment for a period of more than seven years. In
such cases, the trial is to be handled by a Sessions Court after the case has been
forwarded by the magistrate or after the commission of the crime.
2. Summons Case: These are cases where the punishment for the offence is less than
two years and is triable by a magistrate. These are relatively less serious offences and
the procedure involved is also simpler.
3. Warrants Case: Cases other than summons cases are often referred to as warrants
cases whereby the punishment prescribed is more than two years of imprisonment.
The warrants cases can be further classified into:
1. Cases established by a police report
2. Cases established other than by a police report
4. Summary Cases: Basically, summary trials are those kinds of trials where speedy
justice has to be given, which means those cases which are to be disposed of speedily
and the process of these cases is quite simplified.
Also read: Difference between criminal law and civil law

Trial Procedure

The procedure for trials is laced with detailed procedures, they are in place so that the guilty
may be punished but also so that innocent persons get every possible opportunity to prove
their innocence.

 Once the innocence or guilt of an accused is determined, the aggrieved party has the
option to go in appeal and challenge the decision within the stipulated statutory time.
  The appeals generally lie from a Magistrates Court to the Sessions Court, from the
Sessions Court to the High Court and from the High Court to the Supreme Court.
 The Court can also pass some post-conviction orders like for instance having regards
to the age, character and antecedents of the offender, and the circumstances in which
the offence was committed. If the Court convicting the accused considers it expedient
to release the offender, it may do so either on probation of good conduct or after due
admonishment.
The CrPC is a comprehensive document designed to provide due process to the accused by
laying down a procedure for cognizance, arrest, bail, collection of evidence, trial and
determination of innocence or guilt. The procedure laid down is basically a procedure to
ensure that the rights of individuals are protected against the strong state machinery. The
Code has also been supplemented well by the Supreme Court judgements and amendments to
become more robust.

Frequently Asked Questions related to Cognizable Offence

Q1

What is cognizable Offence in India?

The offence in which the police suo motu takes cognizance of crime and does not need
approval of a court is known as a cognizable offence. In cognizable offences, the police can
arrest a person without any warrant, also, a court order is not required to start an
investigation. Cognizable are heinous crimes such as murder, rape, theft, kidnapping,
counterfeiting, etc.
Q2

What is meant by Non Cognizable Offence?

The category of offences as per Code of Criminal Procedure (CrPC) in which Police can
neither register the FIR nor can investigate or effect arrest without the express permission or
directions from the court are known as Non-cognizable offences.
Q3

What is difference between FIR and NCR?

When something is stolen, then, according to Section 379 of IPC, FIR is filed and when
something is lost, then NCR (Non-Cognizable Report) is filed. NCR remains in the records of
the police station, it is not sent to the court. Police also do not investigate for it.FIR is a
written document prepared by police after receiving information about some cognizable
offence. This information is often registered as a complaint by the person who is the victim of
such a crime.
Q4

What is Anticipatory Bail in India?

Anticipatory bail means an application seeking permission from the court to be released if
arrested by the police, but only for the particular reason against which permission of
anticipatory bail is asked by the accused.