CrPC 1973: Quick Reference Notes

Chapter I: Preliminary

  • Code name and scope: The Code of Criminal Procedure, 1973 (CrPC). Extends to the whole of India; subject to specified state/territory exemptions and amendments; commenced on 1 April 1974.
  • Key definitions (selected):
    • bailable vs non-bailable offences
    • cognizable vs non-cognizable offences/cases
    • complaint (to Magistrate for action under CrPC)
    • High Court, India, inquiry, investigation, judicial proceeding, local jurisdiction, metropolitan area
    • police report vs complaint (police report may be deemed a complaint in certain cases)
    • Public Prosecutor
  • Construction of references; trial of offences under IPC and other laws; saving provisions.

Chapter II: Constitution of Criminal Courts and Offices

  • Classes of Criminal Courts: High Courts; Courts of Session; Judicial Magistrates (First & Second Class); Metropolitan Magistrates; Executive Magistrates; Special Judicial/Metropolitan Magistrates; Public/Assistant Public Prosecutors; Directorate of Prosecution.
  • Territorial divisions and metropolitan areas; sub-divisions; local jurisdiction as defined by the State Government and High Court consultations.
  • Local arrangements for metropolitan areas and special officers.

Chapter III: Power of Courts

  • Courts by which offences are triable; jurisdiction rules for juveniles.

Chapter IV A & B: Powers of Police and Aid to Magistrates/Police

  • A. Powers of superior officers of police.
  • B. Aid to Magistrates and police; conditions under which the public may assist; reporting duties of village officers; information about offences.

Chapter V: Arrest of Persons

  • 41: police may arrest without warrant in certain cases; 41A: notice of appearance before police
  • 41B: procedure of arrest; duties of arresting officer; 41C: control room at districts; 41D: right to consult advocate during interrogation
  • 42, 43: arrest on name/residence and private arrests; 44: arrest by Magistrate; 45: protection of Armed Forces from arrest
  • 46–51: methods of arrest, search after arrest, pursuit across jurisdictions, necessity for reasonable restraint, grounds of arrest, etc.
  • 50: grounds of arrest and right to bail; 50A: informing a nominated person; 51: search of arrested person
  • 57: custody time limits (24 hours); 58–60A: reporting, discharge, strict adherence to the Code

Chapter VI: Processes to Compel Appearance A.–Summons

  • 61 Form of summons; 62 Service; 63 Service on corporate bodies/societies; 64–69 service where not found or outside local limits; proof of service; service by post.
    B.–Warrant of arrest
  • 70 Form; 71 Security; 72–75 directions of warrants; 76–80 execution and outside-jurisdiction issues; 81 Procedure by Magistrate; 82 Proclamation for absconding (in D.); 83–86 attachment and restoration related provisions.
    C.–Proclamation and attachment
  • 82 Proclamation for absconding; 83–85 attachment of property; 86 appeal from restoration order.
    D.–Other rules regarding processes
  • 87–90: warrants in lieu of summons, bonds for appearance, breach of bonds, general applicability of provisions.

Chapter VII: Processes to Compel Production of Things A.–Summons to Produce

  • 91 Summons to produce documents/things; 92 handling of letters/telegrams.
    B.–Search-warrants
  • 93–98 criteria and scope for search; searches of places holding stolen/forged items; forfeiture declarations and related rules.
    C.–General provisions relating to searches
  • 99–101: directives on search warrants, access to closed places, disposal beyond jurisdiction.
    D.–Miscellaneous
  • 102–105: police powers to seize, magistrate-directed search, impounding documents, reciprocal process arrangements.

Chapter VIIA: Reciprocal Arrangements for Assistance in Certain Matters and Procedure for Attachment/Forfeiture of Property

  • 105A–105L: definitions; assistance in securing transfer of persons; attachment/forfeiture of property; identification of unlawfully acquired property; management and notice provisions; application of the Chapter.

Chapter VIII: Security for Keeping the Peace and for Good Behaviour

  • 106–124: security bonds for keeping the peace; security for good behaviour; procedures for grant, modification, and discharge of bonds; duration and conditions of security.

Chapter IX: Order for Maintenance of Wives, Children and Parents

  • 125–128: maintenance orders; procedure and alterations; enforcement.

Chapter X: Maintenance of Public Order and Tranquillity

  • A. Unlawful assemblies (129–132): dispersal, armed-force roles, protection against prosecution for acts done under these sections.
  • B. Public nuisances (133–143): conditional orders, service, compliance, investigations, local inquiries, injunctions, and related procedures.
  • C. Urgent cases of nuisance/apprehended danger (144–144A): urgent orders; prohibition of carrying arms in drills (144A).
  • D. Disputes as to immovable property (145–148): procedures including attachments and receivership.

Chapter XI: Preventive Action of the Police

  • 149–153: police to prevent cognizable offences; information regarding designs; arrest to prevent offences; public-property protection; inspection of weights/measures.

Chapter XII: Information to the Police and Their Powers to Investigate

  • 154–176: information in cognizable and non-cognizable cases; investigation and preliminary inquiries; statements and affidavits; medical examinations; searches; 167+ procedures when investigation cannot be completed in 24 hours; diary of investigation; when to send cases to Magistrate; power to summon persons; inquiry by Magistrate into cause of death (176).

Chapter XIII: Jurisdiction of the Criminal Courts in Inquiries and Trials

  • 177–189: ordinary place of inquiry/trial; place of inquiry/trial in various scenarios; offences by journey/voyage; trials involving multiple offences; extraterritorial/offshore offences.

Chapter XIV: Conditions Requisite for Initiation of Proceedings

  • 190–199: cognizance by Magistrates; transfers to/from other courts; cognizance by Sessions; penalties for contempt; prosecutions for offences against state; other special prosecutions (e.g., defamation, etc.).

Chapter XV: Complaints to Magistrates

  • 200–203: examination of complainant; procedure if Magistrate is not competent to take cognizance; postponement/details; dismissal.

Chapter XVI: Commencement of Proceedings Before Magistrates

  • 204–210: issue of process; dispensing with personal attendance; petty-offence summons; supply of documents; commitment to Court of Session; handling of concurrent inquiries/collections.

Chapter XVII: The Charge

  • A. Form of charges (211–216): contents, particulars, timing, errors, modification of charges, recall of witnesses when charge is altered.
  • B. Joinder of charges (217–224): separate charges; multiple offences; joint charging; withdrawal on conviction.

Chapter XVIII: Trial Before a Court of Session

  • 225–237: prosecution opening; discharge; framing of charge; evidence for prosecution/defence; judgments; previous convictions; procedures for cases under various sections.

Chapter XIX: Trial of Warrant-Cases by Magistrates

  • A. Cases on police report (238–243): discharge, framing of charge, evidence for prosecution/defence, etc.
  • B. Cases otherwise than on police report (244–247): evidence and proceedings.
  • C. Conclusion of trial (248–249): acquittal/conviction; compensation for baseless accusations.

Chapter XX: Trial of Summons-Cases by Magistrates

  • 251–259: substance of accusation; pleas; procedures when not convicted; non-appearance/death of complainant; withdrawal of complaint; court powers.

Chapter XXI: Summary Trials

  • 260–265: power to try summarily; procedure; record; judgment; language of record.

Chapter XXIA: Plea Bargaining

  • 265A–265H: application of the Chapter; framing/acceptance of plea bargaining; guidelines; mutual disposition; disposition and finality; court powers.

Chapter XXII: Attendance of Persons Confined or Detained in Prisons

  • 266–271: definitions; attendance powers; exclusions; custody of prisoners; examination in prison; commission for witnesses.

Chapter XXIII: Evidence in Inquiries and Trials

  • A. Mode of taking/recording evidence (272–291A): language, presence of accused, record practices, interpretation, demeanour, witnesses, etc.
  • B. Commissions for examination of witnesses (284–291A): dispatch, examination, return, cross-examination, foreign commissions, medical witness deposition, identifications.

Chapter XXIV: General Provisions as to Inquiries and Trials

  • 300–325: finality of verdicts; appearance of Public Prosecutors; permissions to prosecute; legal aid; pardons; procedure when multiple cases arise; contempt, etc.; order(s) and evidence handling; closure when Magistrate cannot dispose.

Chapter XXV: Provisions as to Accused Persons of Unsound Mind

  • 328–339: lunacy/unsoundness procedures; custody; release; transfer; resumption of inquiry/trial; restoration and care.

Chapter XXVI: Provisions as to Offences Affecting the Administration of Justice

  • 340–351: procedures in cases affecting justice; appeals; costs; contempt; places of trial where judges are biased; pardons; procedure when witnesses fail to attend; etc.

Chapter XXVII: The Judgment

  • 353–355: judgment content; language; metropolitan magistrate’s judgment.

Chapter XXVIII: Submission of Death Sentences for Confirmation

  • 366–371: death sentence submission to High Court; further inquiry; confirmation or annulment; procedure in case of differing opinions.

Chapter XXIX: Appeals

  • 372–394: when appeals lie; appeals from orders; convictions/acquittals; petty/offence-related restrictions; state-government appeals; special appeals; hearing/trial rules; High Court certification of appellate decisions.

Chapter XXX: Reference and Revision

  • 395–405: reference to High Court; disposal per High Court decision; records; powers of revision; department-specific provisions; transfer of records; proceedings in lower courts on revision.

Chapter XXXI: Transfer of Criminal Cases

  • 406–412: transfer powers of Supreme Court, High Court, Sessions Judge, Judicial Magistrates; withdrawal and reasons required; handling of transfers.

Chapter XXXII: Execution, Suspension, Remission and Commutation of Sentences

  • A. Death sentences (413–416): execution, postponement on appeal; pregnant woman considerations.
  • B. Imprisonment (417–419): place of imprisonment; warrants; execution.
  • C. Levy of fine (421–424): warrants; cross-territory execution.
  • D. General execution provisions (425–435): issuing warrants; effects of escaped prisoners; time-setoffs; saving provisions; etc.

Chapter XXXIII: Provisions as to Bail and Bonds

  • 436–447 (plus 437A, 439–450): bail eligibility; undertrial detention limit; bail conditions; bonds of accused and sureties; discharges; insolvency and death of surety; minor’s bond; appeals from certain bail-related orders; forfeiture rules.

Chapter XXXIV: Disposal of Property

  • 451–459: custody/disposal of property pending or after trial; compensation to innocent purchasers; appeals; destruction of libellous matter; restoration of possession.

Chapter XXXV: Irregular Proceedings

  • 460–466: irregularities that do/don’t vitiate proceedings; wrong venue; omissions/errors in charge; reversible defects; attachment impact.

Chapter XXXVI: Limitation for Taking Cognizance of Certain Offences

  • 467–473: definitions; bar to cognizance after statutory periods; computation/extension rules; exclusions due to court closures; continuing offences.

Chapter XXXVII: Miscellaneous

  • 474–484: trials before High Courts; government forms; High Court rules; delegation and administrative provisions; prohibitions on judges’ personal interest; public servants in sale bids; saving inherent powers; court supervision of Judicial Magistrates.

Schedules and Appendices

  • First Schedule: Classification of Offences.
  • Second Schedule: Forms (e.g., Summons, Warrant, Bond, Proclamations, Attachments, etc.).
  • Appendix I: Extracts from Amendment Act (2005).

Quick references (selected high-yield points)

  • Key processes: summons (61–69), warrants (70–80), search warrants (93–98), production of documents (91, 92).
  • Arrest provisions: without warrant (41), right to lawyer during interrogation (41D), right to bail (50/50A).
  • Pre-trial controls: cognizance by magistrates (190), transfers (191–194), charge framing (211–216).
  • Trials: summarily or normally; appeals (372–394); judgments (353–355).
  • Special provisions: Plea bargaining (265A–265H); proceedings in unsound mind (XXV); offences affecting administration of justice (XXVI).
  • Responsibilities for public order and prevention: maintenance, nuisances, and preventive policing (Chs X–XI).
  • Local variations: state amendments (e.g., Haryana, Delhi, Andaman & Nicobar) and metropolitan area provisions may modify certain defaults.