The Code of Criminal Procedure is one of the essential acts in India. Whether you are a law student in a five-year course or a three-year course, whether you are in the legal profession such as an Advocate, CRPC is extremely important. Therefore, knowing the nature, object and scope of CRPC is of vital necessity.
Many of you rightly wonder about this significant topic and have often asked me about the scope, nature, and object of CRPC. Let us see this in precise words.
Object, Scope and Nature of Criminal Procedure Code
After the Indian rebellion of 1857, the crown took over India’s administration and the Criminal Procedure Code, 1861 was passed by the British parliament.
For the first time ever CrPC was created in 1882 and over the years it saw subsequent amendments. Finally by the recommendations of the 41st law commission report, the current Code of Criminal Procedure was enacted in 1973 and came into force on 1st April 1974.
Process of amendment has still not stopped. With the passage of time and needs of the society, new amendments will keep on coming. For example,
By the report of Justice Verma Committee, the Criminal Law Amendment Act, 2013, is one of biggest amendments to have taken place.
The Code of Criminal Procedure Code, 1973, is the primary legislation on the procedure for administering criminal law in India. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person, and the determination of punishment of the guilty.
Additionally, it also deals with public nuisance, prevention of offenses, and maintenance of wife and children.
In summary, the scope of CRPC is as follows:
1. For administering criminal law in India.
2. Machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person, and the determination of punishment of the guilty.
3. Public nuisance.
4. Prevention of offenses.
5. Maintenance of wife and children.
Code of Criminal Procedure, as evident from the name is a procedural law which regulates the proceedings of the court. It is deemed to be exhaustive in nature but if no express provision is provided in CrPC then court is empowered to make law.
The Act consists of 484 sections, further divided into 37 chapters, 2 schedules, and 56 forms. It applies to the whole of India, including the state of Jammu and Kashmir as the parliament’s power to legislate in respect of the said state has recently been amended by abrogating article 370.
But the concerned State Government may, by notification, apply such provisions or any of them to the whole or part of the state of Nagaland or such tribal areas, as the case may be specified in the notification.
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