Crpc 1973

1. Enacted on 25/1/1974
2. Made applicable on 1/4/1974
3. Repealed crpc 1898
4. It is a code to consolidate and amend the law related to criminal procedure
5. Code- combination of various laws and is always broader than an Act
6. Crpc gets attracted when a person commits an offence
7. Offence [section 2(n)]- means any act or omission made punishable by any law for the
time being in force
8. Mens rea-
a. guilty mind, essential ingredient of every criminal offence
b. Maxim- actus non facit ream nisi mens sit rea
c. Intention, not the act determines the offence
9. Bailable offence- where accused can be set free
10. Non bailable offence- where the accused cant be set free
11. Cognizable offence- mentioned in the first schedule of crpc. Person can be arrested
without a warrant (police officer doesn’t require a warrant or special authority from the
magistrate )
12. Non cognizable offence- person cannot be arrested without a warrant
13. The entire list of bailable, non bailable, cognizable and non cognizable is listed in
schedule 1 of crpc
14. Generally cognizable offence is non bailable whereas non cognizable offences are
bailable
15. Complaint-
a. oral or written allegation
b. That some person known or unknown has committed an offense
c. Made to the magistrate
d. With an object that magistrate will take some action
16. Bail- release of the accused from the police custody into the private custody of persons
who are sureties to produce the accused to answer the charges on stipulated date or
time
17. Anticipatory bail- when a person apprehends arrest for having committed a non bailable
offence, but has not been arrested yet
18. 3 stages of crpc
a. Investigation- it is conducted by a police officer and he will submit a report to the
magistrate in which if he states that the accused is not guilty, then the magistrate
will drop the proceedings. But if the report states that the accused is guilty, then
the judge will conduct enquiry and trial.
b. Inquiry- different than trial for criminal matters, wider than trial, stops when trial
starts
c. Trial- judge will finally decide whether the accused is guilty or not and pass the
verdict
19. Judicial proceedings- includes inquiry and trial, not investigation
20. Pleader- lawyer- person authorized by law to practice in court
21. Public prosecutor- lawyer appointed by the govt
22. Summons case- which is punishable by fine or maximum imprisonment upto 2 years-
case relating to offenses not being a warrant case
23. Warrant case- case related to offences punishable by
a. death,
b. life imprisonment, and
c. imprisonment exceeding 2 years
24. Classes of criminal courts-
a. High court
b. Session court
c. Judicial magistrate of first class- metropolitan magistrate
d. Judicial magistrate of second class
e. Executive magistrate
25. Power of courts
a. to pass sentences
i. High court- can pass all sentences including death sentence
ii. Sessions court-
1. sessions and additional sessions judge can pass all sentences but
high court confirmation is required in case of a death sentence.
2. Assistant sessions judge can pass sentence for term
imprisonment upto 10 years ( can pass all sentences except death
sentence , life imprisonment, term imprisonment exceeding 10
years)
iii. Chief judicial magistrate- can pass sentences of term upto 7 years
iv. Judicial magistrate of first class- can pass sentence upto 3 years and fine
upto 5000/-
v. Judicial magistrate of second class- upto 1 year with fine upto 1000/-
vi. summary-
Courts Power to sentence

High court Any sentence authorised by law

including death sentence

Sessions judge/ additional session Any sentence authorised by law

judge including death sentence (with
confirmation of HC)

Assistant session judge Any sentence of term imprisonment

upto 10 years

Chief judicial magistrate 7 years

Judicial magistrate of first class 3 years, fine upto 5000

 Judicial magistrate of second class 1 year, fine upto 1000

b. Sentence of imprisonment in default of fine- when a fine is imposed on the

accused and not paid, he can be imprisoned for a term in addition- jail term will
exceed by 1/4th
c. Sentence in case of conviction of several offences in one trial- court is authorised
to impose sentence where the accused is convicted of multiple offences in one
trial.

26. Arrest of persons without a warrant [ section 41]- a police officer may arrest a person
without a warrant and without an order from the magistrate-
a. Who has been concerned with cognisable offence
b. Who obstructs a police officer
c. Suspected to have possession of stolen property
d. State offender - (proclaimed offender by the state)
e. Who has possession of implement of housebreaking- (arms and ammunitions)
f. Who is suspected to be a deserter of armed forces of the union
27. Arrest on refusal to give name and residence-
a. Person accused of non cognizable offence
b. Doesn’t give his name or residence
c. Or police officer feels that it is false
d. Then he may be taken into custody
28. Arrest by a private person-a private person may arrest/ cause to be arrested any person
who commits a non bailable and cognizable offence in his presence.
29. Arrest by magistrate- magistrate has been given a power to arrest commit to custody, a
person who has committed an offence in his presence.
30. Summons and Warrants-
a. Summons [section 61]- written order by court issued for appearance/ producing a
document or a thing which may be issued to an accused person or witness
b. Warrants [section 70]-
i. It must be in Writing
ii. It must be Signed by the presiding officer
iii. Sealed
iv. Name and description of the person executing the warrant
v. Full name and description of the person to be arrested
31. Proclamation and attachment- After the issue of warrant, if the accused hides himself,
then the court can publish an advertisement in the newspaper (proclamation) asking the
accused to surrender himself within 30 days, failing which all his properties will be
attached and sold.
32. Search warrant- search warrant can be issued only in these two cases
 a. When the court has reason to believe that a person summoned to produce a
document/thing will not produce it
b. Where general inspection is necessary (eg. search of murder spot )
33. Security for keeping the peace and good behaviour and proceedings for maintenance of
public order-
a. Security for keeping the peace- When the executive magistrate receives
information that any person is likely to
i. Commit a breach of peace
ii. Disturb public tranquility
iii. Do any wrongful act
b. maintenance of public order and tranquility- use of armed forces to disperse
assembly
34. Public nuisance- following nuisances can be proceeded against-
a. Unlawful obstruction of any public place, river or channel
b. Carrying on any trade or occupation which is injurious to health of the community
c. Construction of any building which is likely to cause explosion
d. Tent near public place
e. Dangerous animals requiring destroying
35. Preventive action of the police- police office has the power to prevent the commission of
a cognizable offence
36. Power of magistrate- magistrates can take cognizance of an offence upon receiving
a. A complaint
b. Police report
c. Information received from person other than police officer
d. Own knowledge
37. Limitation for taking cognizance (limitation period)-
Offence punishable by Limitation period

Fine only 6 months

1 year imprisonment 1 year

3 years` 3 years

>3 years unlimited

38. Summary trials- Means speedy disposal of cases. Will apply to summon cases only. Ie.
such offences not punishable with imprisonment exceeding 2 years
39. Record in summary trials- magistrate shall enter the following particulars
a. Serial number of the case
b. Date of offense
c. Date of report/complaint (report = FIR)
d. Name of complainant
e. Full details of the accused (name, parentage and address)
f. Offence
g. Plea of the accused
h. Findings
i. Sentence
j. Date of termination of proceedings