THE CODE OF CRIMINAL PROCEDURE: ACT II

Code of Criminal Procedure is one of the core legal documents in India that has been enacted in 1973 and has since come into force on the 1st of April, 1974. It is the primary legislative component for administering substantive criminal law, containing a plethora of statutes and provisions, along with clauses that are chiefly concerned with procedural processes for criminal law. And since it is one of the swords of criminal law that exist in the Indian legal hemisphere, it is to be read alongside the IPC (Indian Penal Code, 1860) - this act gives effect to laws that define what cognizable criminal offences within the states and union territories of India (not including the state of Jammu and Kashmir) are - and the Indian Evidence Act, 1872 because these acts provide laws that are in tandem to Criminal Law. The Criminal Procedure has, since the mentioned date of commencement, undergone various amendments, which will be taken into account when analyzing Act II of the CrPC, 1974.

This CrPC is mainly used by law students and will help them when they encounter criminal law. Criminal law is so exhaustive that one needs such an act to manoeuvre through the subject.

What Are The Amendments of Act II?

Various amendments have occurred on different dates. These amendments are dated 2010, 2013 and 2018. Consolidated and amended to include the changes in the Code of Criminal Procedure, the Act II ensures to give the judiciary of India up-to-date amendments of certain provisions that will, in turn, help them delegate on matters more efficiently. Examples of some amended sections are Section 3 of the act, Section 8, Section 9, Section 11, Section 12, Section 13, Section 14, Section 15, Section 16 and Section 18. These are all state amendments and are enforced to include any existent state regulations. Additionally, S. 1 of CrPC highlights which states and which states are not applicable under this act.

The Contents of The Act

The CrPC is extremely extensive and understandably so because the CrPC has to cover and define procedures that need to be in place and better accentuate the effectiveness of other acts that are related to criminal law. The Criminal Code of Procedure includes 37 chapters, each of which list sections (however, they are not proportionate to each other; for example, chapter II has 21 sections while chapter I has only 5 sections. Listing each of the chapters and their respective names would not be productive instead of thematically looking at the Bare Act and analyzing how the act is divided into various themes.

Chapter II of CrPC, 1974

Chapter II contains 21 sections primarily because it contains laws related to - the Constitution of Criminal Courts and Offences. Classes of criminal courts, territorial divisions, the court of session, courts of judicial magistrates, etc., are all sections that tackle pertinent procedure processes. This is what makes this act worth putting under consideration and review for the reader, not to scrutinize the act and the laws themselves, but to give you, the reader, an example of what Act II of the Code of Criminal Procedure has in store for you.

Chapter III

These chapters are also, like chapter II, related to criminal courts and offices. However, where they differ comes to the subjects and the object of these chapters. Chapter III is related to the subject of the power of courts in criminal law. This is especially pertinent to mention because it gives various courts like the Supreme Court, high courts, and any other courts below the power to delegate and resolve issues related to criminal law. The power of a court usually ends up deciding how the court will approach a particular criminal law case in terms of the following procedure.

Similar to how individuals have to follow a specific set of rules and regulations when a trial commences, the same has to be done by the court and the judge ruling for a case. If the judiciary is not held to a higher standard in the law's eyes, it will lose legitimacy easily. To ensure equity amongst judiciary members, court members, etc., the power of courts chapter lists all the possible places a court can apply itself to and passes sentences on. This is encapsulated within a span of 10 sections, from section 26 to section 35.

Chapter V

Another chapter that will be put under review for the reader is chapter V - Arrest of Persons. This chapter has a total of 26 sections or 29 sections, depending on whether you include the sub-clauses S. 41 A., S. 41 B., S. 41 C. and S. 41 D. This includes the executive powers recognized by India (the meaning of executive powers is inclusive of forces such as the police). Considering the very many sections that extend to the Magistrate's power to arrest an individual and the typical procedure of arresting a person, this chapter gives provisions on what to do in case an arrest occurs.

Two of the glaring noticeable sections are S. 46 - Arrest how made, and S. 48 - the pursuit of offenders into other jurisdictions. S. 48 makes it possible for executive powers to make decisions in case of an individual escapes into another state. This section clarifies that chapters such as Chapter V and Chapter XIII (Jurisdiction of the Criminal Courts in Inquiries and Trials) need to be mentioned in the act to elucidate on the jurisdiction of courts.

Conclusion

Criminal law is a very long book of provisions that needs to be purchased by law students if they want to study the subject. As with most other law subjects, the CrPC is for law students and is to be used as a reference point for the judiciary. In fact, it is the chief legislation found regarding procedural processes. Take note of the above-mentioned acts and understand why and how important the Bare Act is for you if you want to get into the field of law.