Criminal procedure code, 1973

Module 1

Introductory
1.1 The rationale of criminal procedure: the importance of fair
trial.
1.2 The organization of police, prosecutor, defense counsel and
prison authorities and their duties, functions and powers
Course objective

 The Code of Criminal Procedure provides the machinery for the detection of crime, apprehension of
suspected criminals, collection of evidence, determination of the guilt or innocence of the suspected person,
and the imposition of suitable punishment onthe guilty.
 It is further aimed at trying to provide a balance between the needs of the investigating and adjudicatory
bodies to detect crime, maintain law and order and the rights of the accused.
 With the increasing complaints regarding abuse of powers of arrest by the police, custodial torture and
death, denial of bail, etc., the course particularly focuses on investigation, arrest, bail and principles of fair
trial.
 The provision relating to plea bargaining has been included to critically examine its operation under the
criminal law which may be oppressive unless all the stakeholders are equally positioned.
Module objective

 To familiarize the students with the crucial aspects relating to investigation and trial of
offences (like initiation of criminal cases, powers and duties of police during investigation
of offences, stages of criminal trial, functions, duties, and powers of criminal courts)
 To sensitize the students about critical issues in administration of criminal justice (like
protection of human rights of accused, victims, principles of fair trial)
Learning outcome

At the end of the course, the students will be able to:

 l. Identify the stages in investigation and procedure of trial in criminal cases
 2. Explain the powers, functions, and duties of police and criminal courts
 3. Critically analyze the recent amendments in the Cr PC
 4. Employ and promote adoption of humane and just practices in administration of
criminal justice
 1.1
The rationale of criminal procedure: the importance of fair trial.

 The basic purpose of the Criminal Procedure Code, among other things, is to ensure a fair trial where none of
the rights of the accused are compromised nor are they unjustifiably favoured. Furthermore, to ensure that
the judge concerned hears all parties who are relevant to the trial, their presence at the trial is obviously
important.
 an action would go against the fundamental right that this Constitution provides with, the right to personal
liberty under Article 21. Criminal law hinges on that right and no person can be deprived of this right unless
very cogent reasons are present which argue against his release. 
 fair trial is an open trial by an impartial judge in which all parties are treated equally. The right to fair
trial is one of the fundamental guarantee of human rights and rule of law, aimed at ensuring administration
of justice. Fair trial includes fair and proper opportunities allowed by law to prove innocence.
 Principal Features Of A Fair Trial
 Concept of a fair trial.
 Adversary system.
 Trials.
 Presumption of Innocence.
 Independent, Impartial and Competent Judges.
 Venue of Trial.
 Right of the Accused to Know the Accusation. Accused Person to be tried in his Presence.
...
 The doctrine of “Autrefois Convict” and “Autrefois Acquit”
 1.2 The organization of police, prosecutor, defense counsel and prison authorities and
their duties, functions and powers

•The Code of Criminal Procedure, 1973 is the procedural law providing the machinery
for punishment of offenders under substantive criminal law.

•The code contains elaborate details about the procedure to be followed in every investigation,
inquiry and trial, for every offence under the IPC or any other law.

•The Code also provides machinery for punishment of offences under other Acts.

•The code is complete code with respect to matters provided under it, thus the code must be
deemed to be exhaustive.
PURPOSE AND OBJECT: The basic purpose of the Criminal Procedure Code,

among other things, is to ensure a fair trial where none of the rights of the accused

are compromised nor are they unjustifiably favoured.

Furthermore, to ensure that the judge concerned hears all parties who are relevant

to the trial, their presence at the trial is obviously important. That is why an entire

chapter of the Code concerns itself with the process of ensuring the attendance

of any person concerned with the case, including an accused or a witness,

through various measures.

Functionaries under the code: include the Magistrates and Judges of the
Supreme Court and high Court, Police, Public Prosecutors, Defence Counsels
Correctional services personnel such as Prison and jail authorities.

Functions, Duties and Powers of these Machineries:

a)Police: The code does not mention anything about the constitution of police. It
assumes the existence of police and devolves various powers and
responsibilities on to it. The police force is an instrument for the prevention and
detection of crime.

The administration of police in a district is done by DSP(District Superintendent

of Police) under the direction and control of District Magistrate.
b)Prosecutor

•If the crime is of cognizable in nature, the state participates in a criminal trial
as a party against the accused. Public Prosecutor or Assistant Public Prosecutor
is the state counsel for such trials. Its main duty is to conduct Prosecutions on
behalf of the state. The public Prosecutor cannot appear on behalf of accused.

•According to the prevailing practice, in respect of cases initiated on police

reports, the prosecution is conducted by the Assistant Public Prosecutor and in
cases initiated on a private complaint; the prosecution is either conducted by
the complainant himself or by his duly authorized counsel.
c) Defence Counsel

According to section 303, any person accused of an offence before a

criminal court has a right to be defended by a pleader of his choice.
Such pleaders are not in regular employment of the state and a paid
remuneration by the accused person. Since, a qualified legal
practitioner on behalf of the accused is essential for ensuring a fair
trial,
Section 304 provides that if the accused does not have means to hire a
pleader, the court shall assign a pleader for him at state’s expense. At
present there are several schemes through which an indigent accused
can get free legal aid such as Legal Aid Scheme of State, Bar
Association, Legal Aid and Service Board and Supreme Court Senior
Advocates Free Legal Aid society..
The legal Services Authorities Act, 1987 also provides free legal aid
for the needy.
d) Prison authorities and Correctional Services Personnel

• The court presumes the existence of Prisons and the Prison authorities.

•It empowers Magistrates and judges under certain circumstances to order

detention of under trial prisoners in jail during the pendency of the
proceedings.

•It also empowers the courts to impose sentences of imprisonment on

convicted persons and to send them to prison authorities. However, the
code does not make specific provisions for creation, working and control
of such machinery.

•These matters are dealt with in separate acts such as The Prisons Act 1894,
The Prisoners Act 1900 and The Probation of Offenders Act 1958.
 Definitions

Bailable offence is defined under section 2(a) of CrpC 1973 and it means an offence which is shown as
bailable in the First Schedule, or which is made bailable by any other law for the time being in force.
Non- bailable offence means any other offence.

Cognizable offence is defined under section 2 (c ) of Crpc and it means an offence for which, and"
cognizable case" means a case in which, a police officer may, in accordance with the First Schedule
or under any other law for the time being in force, arrest without warrant.

Complaint means any allegation made orally or in writing to a Magistrate, with a view to his taking
action under this Code, that some person, whether known or unknown, has committed an offence, but
does not include a police report.
Explanation.- A report made by a police officer in a case which discloses, after investigation, the commission of a non- cognizable offence shall be deemed to be a
complaint; and the police officer by whom such report is made shall be deemed to be the complainant; (Section 2(d) Cr.Pc
Definitions
Charge is defined under section 2 (b) of Crpc and includes any head of charge
when the charge contains more heads than one;
police report is defined under section 2 (r) of Crpc and it means a report
forwarded by a police officer to Magistrate under sub- section (2) of section 173.

Investigation is defined under section 2 (h) of Crpc and means all the
proceedings under this Code for the collection of evidence conducted by a police
officer or by any person (other than a Magistrate) who is authorized by a
Magistrate in this behalf.

Inquiry is defined under section 2 (g) of Crpc and means every inquiry, other
than a trial, conducted under this Code by a Magistrate or Court;

Trial is not defined under Cr.Pc. But it can be defined as a formal examination of
evidence by a judge, typically before a jury, in order to decide guilt in a case of
criminal or civil proceedings.
Definitions

Summons- case is defined under section 2 (w) of Cr.Pc and means a

case relating to an offence, and not being a warrant- case.

Warrant- case is defined under section 2(x) of Cr.Pc and means a

case relating to an offence punishable with death, imprisonment for life
or imprisonment for a term exceeding two years.
 Prescribed Books:
1. R. V. Kelkar’s Criminal Procedure, (5th ed., 2008)
2. K.N.Chandrsekharan Pillai (Rev.),
3. R. V. Kelkar’s Lectures on Criminal Procedure.
4. K.N.Chandrsekharan Pillai (Rev.),