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 object, nature, 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, Nature and Scope 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.
The process of amendment has still not stopped. With the passage of time and the needs of society, new amendments will keep on coming. For example, by the report of the Justice Verma Committee, the Criminal Law Amendment Act, 2013, is one of the 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 offences, and maintenance of wife and children.
Scope of CrPC
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 offences.
5. Maintenance of wife and children.
Code of Criminal Procedure, as evident from the name, is a procedural law that regulates the proceedings of the court. It is deemed to be exhaustive in nature. But if no express provision is provided in CrPC, then the court is empowered to make law.
CrPC 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.
Provided that the provisions of this Code, other than those relating to Chapter VIII, Chapter X, and Chapter XI thereof, shall not apply:
- To the state of Nagaland.
- To the tribal areas in Assam.
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.
- 18 Most Important Amendments to the Indian Constitution - 12th August 2023
- 8 Kinds and Theories of Punishment - 22nd July 2023
- What Is the Meaning of Res Judicata in Civil Procedure Code - 22nd January 2023
First of all I would like to thank your best efforts to enlighten us in knowing about law. I am trying to purchase law material once my net banking is activated.
Happy to know your thoughts. Thank you.