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CODE OF CRIMINAL PROCEDURE

Date of commencement:

• The Code of Criminal Procedure 1973
  • shall come into force on 1st April 1974

Extent of Applicability

• It extends to the whole of India

Exception

• This Code shall not apply
  • to the State of Nagaland and to tribal areas [in the North-east]
• However,
  • Chapters VIII, X and XI of the Code shall apply throughout India and
  • the concerned State Govt may apply other provisions also
• “tribal areas” means
  • territories included in tribal areas of Assam as referred in Sixth Schedule before 21st January 1972
  • but excluding Shillong municipality

Definitions: Section 2

(a)

• “bailable offence” means
  • an offence shown as bailable in the First Schedule or made bailable by any other law
• “non-bailable offence” means
  • any other offence

(c)

• “cognizable offence” means
  • an offence for which a police officer may arrest without warrant
  • in accordance with the First Schedule or any other law

(d)

• “complaint” means
  • an allegation made orally or in writing to a Magistrate for taking action under this Code
  • that some person whether known or unknown has committed an offence
• but does not include a police report

Exception

• A report made by a police officer where investigation discloses commission of a non-cognizable offence
  • shall be deemed to be a complaint
• The Police officer by whom such report is made
  • shall be deemed to be the complainant

(f)

• “India” means
  • territories to which this Code extends

(h)

• “investigation” includes
  • all proceedings under this Code for collection of evidence
  • conducted by a police officer or by a person authorised by a Magistrate

(l)

• “non-cognizable offence” means
  • an offence for which a police officer has no authority to arrest without warrant

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• “offence” means
  • any act or omission made punishable by any law

• “officer in charge of a police station” includes
  • when such officer is absent from station-house or is unable from illness or other cause to perform his duties
  • the police officer present at the station-house next in rank to such officer but above the rank of constable

( r )

• ” police report” means
  • a report by a police officer to a Magistrate u/s 173(2)

(w)

• “summons-case” means
  • a case relating to an offence not being a warrant-case

(wa)

• “victim” means
  • a person who has suffered any loss or injury caused by act or omission of the accused person
• and includes
  • a guardian or legal heir

(x)

• “warrant-case” means
  • a case relating to an offence
  • punishable with death or imprisonment for life or imprisonment exceeding two years

Section 3   Construction of references

• Any reference to a Magistrate
  • without qualifying words
• shall be construed
  • as a reference to a Judicial Magistrate or as a reference to a Metropolitan Magistrate, in relation to a metropolitan area

Section 4

Trial of offences under IPC

• All offences under IPC shall be investigated, inquired into and tried
  • according to the provisions hereinafter contained

Trial of offences under other laws

• All offences under any other law shall be investigated, inquired into and tried
  • according to the same provisions but subject to other provisions in that enactment

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