IPC and CrPC Full Form

What is the full form of IPC and CrPC?

Criminal law in India is governed by the Criminal Procedure Code of 1974 (CrPC) and the Indian Penal Code of 1860 (IPC). The IPC is India's main criminal code, which defines crimes and lays out punishments for practically all criminal offenses and actionable wrongs. Even though the princely kingdoms had their own courts and legal systems, it did not apply to them until it went into effect throughout the British Presidency in 1862.

The procedural legislation known as the Criminal Procedure Code (CrPC) provides a thorough process for penal law punishments. The Code of Criminal Procedure, commonly referred to as the Criminal Procedure Code, is the main legal document controlling the application of current criminal law in India. On April 1st of that year, 1973, it was put into action after being approved.

History of IPC and CrPC

History of IPC: The First Law Commission, led by Thomas Babington Macaulay, drafted the first version of the Indian Penal Code. The document was based on a straightforward codification of English law and included ideas from the Napoleonic Code and the Louisiana Civil Code of 1825.

The initial version of the Code was presented to the Governor-General in council in 1837, but it took another 20 years for adjustments and amendments to be made. The code was completely written in 1850, and it was presented to the Legislative Council in 1856. Due to the Indian Revolt of 1857, British India's official implementation of it was delayed.

History of CrPC: The Mohammedan Criminal Legislation replaced the law that the Muslims had enforced in medieval India as the standard. The Supreme Court was compelled to use British procedural law when making decisions in instances involving subjects of the Crown.

The crown took over control of India's governance after the 1857 Rebellion. In 1861, the Indian Penal Code was approved by the British parliament. The CrPC was first created in 1882 and then updated in 1898 in accordance with the findings of the 41st Law Commission report in 1973.

Structure of the Indian Penal Code (IPC)

Specific offences are defined and sanctioned by the IPC in various parts. It is divided into 511 sections spread across 23 chapters. The table below provides the code's fundamental structure:

Post-Independence Review of the IPC

The fact that the IPC has endured and grown over the past 160 years is a testament to how effective a penal code of such scale it is. Over the years, it hasn't been able to get rid of some of its colonial-sounding clauses, such as sedition. The Malimath Committee report, which promoted improvements to the criminal justice system, gave the Parliament the chance to update the Code and other criminal statutes. Since the study was submitted 17 years ago, no significant actions have been taken in this direction. It's time for the legislature to act to update the Code so that it better reflects modern times than it does British colonialism.

Since it is the legislature's responsibility to enact laws in the first place, it does not speak highly of the legislature when the supreme court steps in and invalidates it. Despite the IPC having undergone more than 75 haphazard amendments, no comprehensive revision has been carried out despite the 42nd report of the Law Commission's 1971 recommendation. This is because the 1971 and 1978 amendment bills were never passed into law due to the dissolution of the Lok Sabha. As a result, it has undergone numerous ad hoc and reactive revisions.

The "Master and Servant" aspect of the Indian Penal Code has been highlighted, with some of the provisions having no place in an independent India. The following are some of the sections that require revision and reform:

1. The sedition statute, added in 1898, must be reexamined.

2. Blasphemy is a crime that has no business being in a liberal society, which is why Section 295A, added in 1927, ought to be repealed.

3. In 1913, a criminal conspiracy became a serious offence. Because the colonial authorities inserted the offence to the code to address political intrigues, it is undesirable.

4. The notion of constructive culpability is taken to excessively strict extremes under Section 149's prohibition on unlawful assembly.

5. The sexual offences included by the code expose archaic Victorian morality and patriarchal ideals. Even though the outdated crime of adultery grants the husband exclusive property rights over his wife's sexuality, it provides no legal protection to secure a similar monopoly over the husband's sexuality.

Classification of Offences under CrPC

Cognizable and non-cognizable offences

According to the first schedule of the code, cognizable offences are those for which a police officer may make an arrest without a court-issued warrant. The police officer may only make an arrest in non-cognizable circumstances after receiving the proper authorization from a warrant. In general, non-cognizable offences are less serious than cognizable ones. Non-cognizable offences are recorded under Section 155 of the Criminal Procedure Code (CrPC), while cognizable offences are reported under Section 154. The Magistrate is authorized to take cognizance under Section 190 CrPC for offences that are not cognizable. According to Section 156(3) of the Criminal Procedure Code, the magistrate has the authority to order the police to file the case, investigate, and submit the challan or report for dismissal. (2003 P.Cr.L.J.1282)

Ingredients of Section 154

• It is information provided to a police officer.

• A cognizable offence must be related to the information.

• It is information about an offence that occurred first.

• As soon as the FIR is filed, the investigation gets underway.

• Information may be provided verbally or in writing (Even a piece of relevant telephonic information is also sufficient to become FIR).

• The informant will be immediately provided with a complimentary copy of the FIR.

Warrant Cases and Summons Cases

If the case is a summons case, a magistrate having cognizance of the offence is required under Section 204 of the Code to issue a summons for the attendance of the accused. He may issue a warrant or summons as he sees fit if the situation seems to justify one. According to Section 2(w) of the Code, a summons case is any case involving an offence that is not a warrant-case. According to Section 2(x) of the Code, a warrant case is one that involves an offence that carries a sentence of death, life in prison, or a period of imprisonment of more than two years.

Territory covered, area covered, and applicability of CrPC

The Criminal Procedure Code is in effect throughout all of India. Article 370 of the Indian Constitution limits the parliament's ability to legislate regarding Jammu & Kashmir. However, as of 2019, the Parliament removed Jammu and Kashmir from the scope of Article 370, making the CrPC applicable to the entirety of India.

With the exception that this Code's provisions—aside from those pertaining to its Chapters VIII, X, and XI—shall not apply— (a) to the tribal territories, (b) to the State of Nagaland,

The competent state government may, however, apply some or all of these regulations in these regions by notification. In addition, the Supreme Court of India ruled that the government must uphold the letter of these laws even in these locations.

Bodies function under CrPC

1. Supreme Court of India

2. High Courts

3. Additional District Judges and District Judges of the High Courts

4. Legal Magistrates (CJM, JFCM, JSCM)

5. Executives in the judiciary (DM, ADM, SDM, EM)

6. Police

7. Government attorneys

8. Counsels for defence

9. Prison Guards and Guards

Difference between IPC and CrPC

1. The Criminal Procedure Code is a procedural law, whereas the Indian Penal Code is a substantive law.

2. The Indian Penal Code lists several offences and divides them into various groups. Additionally, the Code specifies the penalties and punishments for the various offences. Contrarily, the Criminal Procedure Code outlines the steps the police must follow to investigate any infraction once a crime has been committed that is covered by the penal laws.

3. The Indian Penal Code was created to serve as the nation's primary penal code for punishing criminals. On the other hand, the major goal of the Criminal Procedure Code is to provide legally binding rules that must be followed while conducting a criminal trial.

4. The Indian Penal Code does not provide the courts and magistrates any authority; the Criminal Procedure Code, 1973 does.