Friday, November 23, 2018

Code of Criminal Procedure- India

 

Article sourced from:

https://en.m.wikipedia.org/wiki/Code_of_Criminal_Procedure_(India)


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

At present, the Act contains 484 Sections,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 waThe Supreme Courts established in Calcutta and later on at Madras and in Bombay.  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.

Cognizable offences are those offences for which a police officer may arrest without court mandated warrant in accordance with the first schedule of the code. For non-cognizable cases the police officer may arrest only after being duly authorized by a warrant. Non-cognizable offences are, generally, relatively less serious offences than cognizable ones. Cognizable Offences reported under section 154 Cr.P.C while Non-Cognizable Offences reported under section 155 Cr.P.C. For Non-Cognizable Offences the Magistrate empowered to take cognizance under section 190 Cr.P.C. Under section 156(3) Cr.P.C the Magistrate is competent to direct the police to register the case, investigate the same and submit the challan/report for cancellation. (2003 P.Cr.L.J.1282)





Code of Criminal Procedure- India

  Article sourced from: https://en.m.wikipedia.org/wiki/Code_of_Criminal_Procedure_(India) Code of Criminal Procedure  ( CrPC   ) is the ma...