CrPC Flashcards
Act No. and Year
No. 2 of 1973
Entered Force
1 April, 1974
Applies to
Extends to whole of India
Provisions other than Chap VIII, X, and XI shall not apply to
- - Nagaland
- - Tribal Areas
however state government of Nagaland and Tribal areas may by supplemental incidental and consequential modifications apply the same
Tribal areas refers to para 20 6th schedule as inserted on 21 January, 1972, other than those within local limits of Shillong
Sec. 2(a)
Bailable offence
Offences contained within First Schedule of CrPC or declared bailable by any other law; non bailable shall mean any other
Sec. 2(c)
Cognizable Offence/ Cognizable Case
offence and case in which police may arrest without warrant
Sec. 2(d)
Complaint
Complaint
allegation
made orally or written
to a magistrate
with a view to his taking action under this code
that some person, known or unknown
has committed an offence - but does not include a police report
Exp - Police Report by which it is found after investigation to be a non-cognizable offence shall be deemed as complaint
Sec. 2(g)
Inquiry
Means every inquiry
other than trial
conducted under this code
by Magistrate or Court
Sec. 2(h)
Investigation
Investigation includes all proceedings under this code
for collection of evidence
by a police officer or
any person (other than Maigstrate)
who is so authorised by the Magistrate
Sec. 2(i)
Judicial Proceedings
Includes -
proceedings where evidence is
or
may be legally taken on oath
Sec. 2(o)
Officer in Charge of Police Station
includes (when the officer in charge is absent due to ilness or other cause and prevented from performing his duty
any officer next in rank to him, AND above the rank of constable
OR any such officer as directed by the State Government
Sec. 2(r)
Police Report
Report fwd by police to Magistrate u/s 173
Sec. 2(s)
Police Station
Any post or place decl to be Police Station by the State Gov.
includes any Local Area decl in this behalf
Sec. 2(v)
Sessions Case
Case not being a warrant-case
Sec. 2(x)
Warrant Case
Case relating to offence punishable with death; life; or imprisonment above 2 yrs.
Sec. 3
Magis
Magis to mean -
outside metro area - Judicial Magistrate
in relation to metro area - Metro Magis
Magis of 2nd Class -
outside metro - JMSC
relat to metro - Metro Magis
Magis of 1st Class -
outside metro - JMFC
relat to metro - Metro Magis
Chief Judicial Magis in metro - Chief Metro Magis
Court of Judicial Magis - Court of Metro Magis
Functions of Magis -
- appreciating sifting evidence formulating decision exposing a person to any punishment or penalty or detention pending investigation, inquiry or trial OR effect of sending him to trial before any court be exercised by Judicial Magistrate
- administrative work like grant or revocation of license be exercised by Executive Magistrate
Sec. 4
Trial of Offences under IPC and other laws
All offences under IPC tried under this Code
All other offences to be tried under this code unless provided under otherwise for investigation inquiry trial etc.
Sec. 5
Savings
Nothing to override special provisions, special enactment or local laws
Sec. 6
Classes of Crim Court
HC
Sessions
JMFC and in Metro - Metro Magis
JMSC
Executive Magis
Sec. 7
Territorial divisons
- Every state shall be a sessions division; or constitute sessions divisions; every sessions division shall either be a district of comprise of districts
Proviso - every Metro area be a spereate sessions division and district
- State Gov consult HC and
- alter districts and number of districts
- divide districts into sub divisions and alter limits or No. of such divisions
Sec. 8
Metro Areas
- State Gov may by Notific specify such area population exceeding 1 Mill to be Metro
- At commencement of code Bombay, Madras, Kolkata and Ahmadabad to be Metro
- State Gov may reduce or alter limits of Metro area, but such alteration cannot be made with intent to reduce population under 1 Mill
- If the popul of a Metro area reduces under 1 Mill - State Gov may be notif. decl it to cease to be Metro. However, any trial inquiry pending immediately before cesser shall continue as if nothing happened
- Same point as above if State Gov alters and reduces limits
Exp - Popul as last census
Sec. 9
Court of Sessions
- Every Sessions Court presided by person appointed by HC
- HC may also appt Addn Sessions and Asst Sessions Judge
- Sess Judges of one Sess division may be appt as Addn Sess in other division by HC - and he may sit in such places as may be directed by HC
- When office of Sess Judge vacant; HC may call upon Addn or Asst Sess Judge to dispose of Urgent applications;
If no - then CJM,
such Judge of Magis appt shall have jurisdiction and power for such Appl. - Sess Court to ordinarily sit at place notified by HC, but if Sess Court of opinion that general convenience of parties that sitting held elsewhere in Sess Division - Court may with consent of prosecution and accused sit at that place for - disposal of case, OR exam of witness
Exp - Appt. does not mean First Appt. - where under any law such appt to be made by Gov.
Sec. 10
Subordination of Asst Sess. Judge
All Asst Sess Judge subordinate to Sess Judge
Sess Judge may make rules for distribution of work among Asst.
Sess Judge may make provision for disposal of Urgent Appl. by Addn or Asst Sess (in their inability) CJM - In absence of Sess Judge himself
Sec. 11
Judicial Magis
Sec. 26
Offences triable by -
HC
Sessions
court mentioned in First Schedule
Provided - for offences of rape - as far as practicable - Court be presided by woman.
when no court mentioned -
any HC
any court mentioned in first schedule
Sec. 27
Offence not punishable with death or imprison for life
committed by person who at the time of bringing before court is under 16 yrs
may be tried by CJM or special court
treatment training and rehabilitation
Sec. 28
HC and Sess Judge Punishment
HC may pass any sentence authorised under law
Sessions and Addn Sessions may pass any except death
Asst Sessions may pass any except death and exceeding 10 years
Sec. 29
Sentence that Magistrate may pass
CJM may pass any except death and exceeding 10 years
Magis First Class - not exceeding 3 years and 10,000
Magis 2nd Class - not exceeding 1 year and 5000
CMM = CJM; Metro M = Magis First Class
Sec. 30
Sec. 31
Sec. 32
