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- Explain the criminal procedure and sailent features of crpc 1973 The Criminal Procedure Code, 1973 (CrPC) is the principal procedural law governing the administration of criminal justice in India. It outlines the processes for investigation, inquiry, trial, and adjudication of criminal cases. Below is an overview of the procedure and salient features of CrPC:
Criminal Procedure under CrPC, 1973
1. Stages in Criminal Procedure
a) Filing of FIR (First Information Report) When a cognizable offense is reported, the police must register an FIR under Section 154 of CrPC. In non-cognizable offenses, police cannot investigate without a magistrate's permission (Section 155). b) Investigation The police investigate the offense, including evidence collection, questioning of witnesses, and examination of the crime scene (Sections 156–173). The investigation concludes with a charge sheet (if sufficient evidence) or a closure report. c) Magistrate’s Role The magistrate reviews the investigation report and may take cognizance of the offense (Section 190). Preliminary inquiry or framing of charges occurs based on the offense’s nature. d) Trial Summons Case : For less serious offenses (Sections 251–259). Warrant Case : For more serious offenses (Sections 238–250). Sessions Trial : For heinous offenses (Sections 225–237). Trials involve examination of witnesses, cross-examination, and presentation of evidence. e) Judgment The court delivers its judgment, either acquitting or convicting the accused (Sections 353–365). f) Appeal and Revision Parties can appeal against the judgment in higher courts (Sections 372–394). The High Court or Sessions Court can revise lower courts' judgments (Sections 397– 405). g) Execution
Execution of sentences, including fines or imprisonment (Sections 413–435).
Salient Features of CrPC, 1973
- Classification of Offenses : o Cognizable and Non-Cognizable : Defines the authority of police to act without magistrate approval. o Bailable and Non-Bailable : Distinguishes the right to bail based on the offense’s gravity. o Summons and Warrant Cases : Based on the punishment severity.
- Rights of the Accused : o Protection against self-incrimination (Section 161). o Right to legal representation. o Right to a speedy trial.
- Role of Magistrates : o Various magistrates handle different levels of cases, including judicial and executive magistrates. o Magistrates have powers to order maintenance (Section 125) and grant bail.
- Fair Trial : o Trials must be open to the public and conducted impartially. o Accused has the right to cross-examine witnesses and present evidence.
- Compounding of Offenses : o Some offenses can be settled amicably between parties (Section 320).
- Provisions for Vulnerable Groups : o Special provisions for women, children, and other vulnerable sections (e.g., maintenance for wives, children, and parents under Section 125).
- Hierarchy of Courts : o Structured as Magistrates’ Courts, Sessions Courts, High Courts, and the Supreme Court.
- Plea Bargaining : o Introduced in 2005 (Chapter XXIA) to allow pre-trial negotiation for less severe offenses.
- Provisions for Maintenance : o Relief for dependents under Section 125.
- Arrest and Bail : Clear provisions on arrest procedures (Sections 41–60A) and conditions for granting bail (Sections 436–450).
- Victim’s Rights : Victims can appeal against inadequate sentences (Section 372).
- Special Provisions for Juveniles : Cases involving minors are handled under the Juvenile Justice Act, not CrPC.
Key Amendments and Reforms
Sessions Judges can award the death penalty, subject to High Court confirmation (Section 366).
7. Appellate and Revisory Powers Sessions Courts: Hear appeals from Magistrates' orders (Section 374). High Courts: Exercise appellate and revisory powers (Sections 397 and 401). 8. Miscellaneous Powers Issue warrants (Section 70). Summon witnesses and documents (Sections 61–69). Approve plea bargaining (Chapter XXIA).
Functions of Criminal Courts
Criminal courts perform various judicial, administrative, and preventive functions to uphold justice.
1. Administration of Justice Conduct fair trials and deliver judgments based on evidence and arguments. Impose appropriate sentences, including rehabilitation or penalties. 2. Case Management Accept cases through complaints, FIRs, or suo moto action. Monitor police investigations and take action on charge sheets or closure reports. 3. Protection of Rights Safeguard the rights of the accused by ensuring legal representation and adherence to fair trial principles. Protect victims by ensuring justice and enforcing their rights. 4. Maintenance Orders Issue maintenance orders for dependents (Section 125). 5. Prevention of Crimes Prevent potential offenses by issuing binding orders under Section 107. Address public nuisances and maintain peace (Sections 133–144). 6. Appeals and Revisions Hear appeals against lower court judgments. Review and revise orders as needed. 7. Evidence Collection Summon witnesses and documents.
Allow examination and cross-examination during trials.
8. Execution of Sentences Ensure the implementation of sentences, such as imprisonment, fines, or probation. 9. Special Functions Oversee juvenile cases under the Juvenile Justice Act. Handle compounding of offenses under Section 320. 10. Dispute Resolution Promote settlement of minor cases through compounding or plea bargaining to reduce case backlog. By clearly distinguishing powers (what courts are authorized to do) and functions (their practical roles), this framework highlights the comprehensive responsibilities of criminal courts in maintaining law and order.
3. Definition and Distinction Between Cognizable and Non-Cognizable
Offenses
Definition
Cognizable Offense Defined under Section 2(c) of the Criminal Procedure Code (CrPC), 1973. These are offenses where the police have the authority to register a First Information Report (FIR), investigate, and arrest the accused without prior approval of a magistrate. Examples: Murder, Rape, Robbery, Kidnapping. Non-Cognizable Offense Defined under Section 2(l) of the Criminal Procedure Code (CrPC), 1973. These are offenses where the police cannot register an FIR, investigate, or arrest without prior permission or directions from a magistrate. Examples: Defamation, Assault, Public Nuisance, Cheating.
Distinction Between Cognizable and Non-Cognizable Offenses
Aspect Cognizable Offense Non-Cognizable Offense Definition Police can investigate and arrest without magistrate approval. Police require magistrate's permission to act. Severity Involves serious and heinous crimes. Involves less severe or petty crimes. Examples Murder, Rape, Theft, Kidnapping. Defamation, Forgery, Assault.
Preventive measures help courts maintain public order and prevent offenses before they occur. These actions, such as binding individuals to maintain peace or issuing urgent orders, are crucial to ensuring societal harmony.
6. Powers in Investigations
Supervising investigations or conducting inquiries ensures that cases are built on sound evidence and that investigative agencies act within legal boundaries. This ensures fairness and adherence to the rule of law.
7. Discharge and Acquittal
The power to discharge or acquit ensures that individuals are not subjected to unnecessary trials or punished without sufficient evidence. This protects against miscarriage of justice.
8. Compounding and Plea Bargaining
These provisions promote the speedy resolution of minor cases, reducing the burden on courts and allowing the judicial system to focus on more serious matters. They also ensure that justice is delivered in a mutually acceptable manner in specific situations.
9. Appellate and Revisory Powers
These powers provide checks and balances within the judiciary. Higher courts ensure that justice is upheld by reviewing and correcting errors made by lower courts.
10. Execution of Sentences
Executing sentences is the final step in delivering justice. Courts ensure that penalties, fines, or imprisonment are implemented in accordance with the law, bringing closure to the judicial process.
11. Issuance of Process
Summoning witnesses, issuing warrants, and conducting searches are procedural powers that enable courts to gather evidence and bring offenders to trial. These powers are essential for justice delivery.
12. Protection of Rights
Courts safeguard the rights of the accused, victims, and society at large. This includes ensuring fair trials, legal representation, protection from arbitrary detention, and compensation for victims.
Conclusion
All these powers are integral to the administration of justice , which involves upholding the rule of law, protecting rights, ensuring fair trials, and maintaining public order. Each function of the court contributes to achieving these objectives, making the judicial system an essential pillar of justice in society.
