Code of Criminal Procedure (India)

It also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.

On 11 August 2023, a Bill to replace the CrPC with the Bharatiya Nagarik Suraksha Sanhita (BNSS) was introduced in the Lok Sabha.

The British rulers passed the Regulating Act 1773 under which a Supreme Court was established in Calcutta and later on at Madras and in Bombay.

The Supreme Court was to apply British procedural law while deciding the cases of the Crown's subjects.

Under section 156(3) CrPC the Magistrate is competent to direct the police to register the case, investigate the same and submit the challan/report for cancellation.

The Parliament's power to legislate in respect of Jammu & Kashmir was curtailed by Article 370 of the Constitution of India.

Though, as of 2019, the Parliament has revoked Article 370 from Jammu and Kashmir, thus rendering the CrPC applicable to the whole of India.

Provided that the provisions of this Code, other than those relating to Chapters (VIII), (X) and (XI) thereof, shall not apply- (a) to the State of Nagaland, (b) to the tribal areas, However the concerned State Government may, by notification apply any or all of these provisions in these areas.

[5] It has however been defined by the Black's Law Lexicon as security for the appearance of the accused person on giving which he is released pending trial or investigation[6] The First Schedule[7] to the Code, classifies the offences defined in the Indian Penal Code.

A First Class Magistrate must first be authorised by the respective High Court to that effect before he may try cases summarily under this Section.

As per section 262(2) no sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this chapter 21.

[citation needed] It requires that when such provisions are applicable, the Court must record in writing, the reason for not allowing the benefit of the same to the offender.

[15] Section 41 of the Code of Criminal Procedure, 1973 provides a 9-point checklist which must be used to decide the need for an arrest.

[16] In 2014, Arnesh Kumar Guidelines were formulated by the Supreme Court stating arrests should be an exception, in cases where the punishment is less than seven years of imprisonment.