INTRODUCTION

The Code of Criminal Procedure, 1973 is the procedural law providing the machinery for the
punishment of offenders under the substantive criminal law. The code contains elaborate
details about the procedure to be followed in every investigation, inquiry and trial, for every
offence under the IPC or any other law. Earlier there was no uniform law of criminal
procedure until Criminal Procedure Code of 1882; it was replaced by the Code of 1898. The
act was amended in 1923 and 1955. This code was repealed by the Code of 1973 enacted by
Parliament on 25th January, 1974 and made effective from 1-04-1974 so as to consolidate
and amend the law relating to Criminal Procedure. Its object is to provide a machinery for
determining the guilt of and imposing punishment on offenders under the substantive
criminal law, for example, the Indian Penal Code (I.P.C.). The two Codes are to be read
together. The Code also provides machinery for punishment of offences under other Acts.

The code is complete code with respect to matters provided under it, thus the code must be
deemed to be exhaustive. The Supreme Court has said “It is the procedure that spells much
of the difference between the rule of law and the rule of whim and caprice”. (Iqbal v. State
of Maharashtra (1975) 3 SCC 140)

IMPORTANT DEFINITIONS under the CODE

Offence

Section 2(n) of the CrPC defines the word “offence” to mean any act or omission made
punishable by any law for the time being in force and includes any act in respect of which a
complaint may be made under Section 20 of the Cattle-trespass Act, 1871. However, the term
is more elaborately defined under Section 40 of the IPC which states that “offence” denotes a
thing made punishable by the Code. Section 39 of the CrPC. imposes a duty on every person
who is aware of the commission of or of intention to commit an offence, to give information
of certain offences which are specified in Clause (i) to (xii) of sub-Section (1). An offence is
what the legislature classes as punishable. Mens Rea a bad intention or guilt is an essential
ingredient in every offence.

Bailable Offence and Non-bailable Offence

A “bailable offence” means an offence which is shown as bailable in the First Schedule or
which is made bailable by any other law for the time being in force. “Non-bailable” offence
means any other offence. [Section 2(a)]

Cognizable Offence and Non-cognizable Offence

“Cognizable offence” means an offence for which, and “cognizable case” means a case in
which, a police officer may, in accordance with the First Schedule or under any other law for
the time being in force, arrest without warrant.

“Non-cognizable offence” means an offence for which, and “non-cognizable” case means a
case in which, a police officer has no authority to arrest without warrant. Thus, a non-
cognizable offence needs special authority to arrest by the police officer. [Section 2(c) and
2(l)]

In order to be a cognizable case under Section 2(c) of the Code, it would be enough if one or
more (not ordinarily all) of the offences are cognizable.

(Note: It may be observed from the First Schedule that non-cognizable offences are usually
bailable while cognizable offences are generally non-bailable).

Complaint

“Complaint” means any allegation made orally or in writing to a Magistrate, with a view to
his taking action under this Code that some person, whether known or unknown, has
committed an offence, but it does not include a police report. [Section 2(d)]

However, a report made by the police officer in a case which discloses after investigation, the
commission of a non-cognizable offence shall be deemed to be a complaint, and the police
officer making the report as a complainant. In general a complaint into an offence can be
filed by any person except in cases of offences relating to marriage, defamation and offences
mentioned under Sections 195 and 197. A complaint in a criminal case is what a plaint is in a
civil case. The requisites of a complaint are:

 an oral or a written allegation;

 some person known or unknown has committed an offence;
 it must be made to a magistrate; and
 it must be made with the object that he should take action.
There is no particular format of a complaint. A petition addressed to the Magistrate
containing an allegation that an offence has been committed, and ending with a prayer that
the culprit be suitably dealt with is a complaint. (Mohd. Yousuf v. Afaq Jahan, AIR 2006
SC 705)

Police report is expressly excluded from the definition of complaint but the explanation to
Section 2(d) makes it clear that such report shall be deemed to be a complaint where after
investigation it discloses commission of a non-cognizable offence. Police report means a
report forwarded by a police officer to a Magistrate under Subsection (2) of Section 173.

Bail

It means the release of the accused from the custody of the officers of law and entrusting him
to the private custody of persons who are sureties to produce the accused to answer the
charge at the stipulated time or date.

An “anticipatory bail” is granted by the High Court or a Court of Session, to a person who
apprehends arrest for having committed a non-bailable offence, but has not yet been arrested
(Section 438). An opportunity for hearing must be given to the opposite party before granting
anticipatory bail (State of Assam v. R.K. Krishna Kumar AIR 1998 SC 144).

Inquiry

It means every inquiry other than a trial, conducted under this Code by a Magistrate or
Court. [Section 2(g)]. It carries the following three features:

 the inquiry is different from a trial in criminal matters;

 inquiry is wider than trial;
 it stops when trial begins.
Investigation

It includes all the proceedings under this Code for the collection of evidence conducted by a
police officer or by any person (other than a Magistrate) who is authorized by a Magistrate in
this behalf. [Section 2(h)]

The three terms – ‘investigation’, ‘inquiry’ and ‘trial’ denote three different stages of a
criminal case. The first stage is reached when a police officer either on his own or under
orders of a Magistrate investigates into a case (Section 202). If he finds that no offence has
been committed, he submits his report to the Magistrate who drops the proceedings. But if he
is of different opinion, he sends that case to a Magistrate and then begins the second stage – a
trial or an inquiry. The Magistrate may deal with the case himself and either convict the
accused or discharge or acquit him. In serious offences the trial is before the Session’s Court,
which may either discharge or convict or acquit the accused. (Chapter XVIII)

Judicial Proceeding

It includes any proceeding in the course of which evidence is or may be legally taken under
oath. The term judicial proceeding includes inquiry and trial but not investigation. [Section
2(i)]

Pleader

With reference to any proceedings in any Court, it means a person authorised by or under any
law for the time being in force, to practice in such Court and includes any other person
appointed with the permission of the Court to act in such proceeding. [Section 2(q)] It is an
inclusive definition and a non-legal person appointed with the permission of the Court will
also be included.

Public Prosecutor

A “public prosecutor” means any person appointed under Section 24, and includes any person
acting under the directions of a Public Prosecutor. [Section 2(u)]

Public prosecutor, though an executive officer is, in a larger sense, also an officer of the
Court and he is bound to assist the Court with his fair views and fair exercise of his functions.

Summons and Warrant Cases

“Summons case” means a case relating to an offence and not being a warrant case. [Section
2(w)] A “Warrant case” means a case relating to an offence punishable with death,
imprisonment for life or imprisonment for a term exceeding two years. [Section 2(x)]

Those cases which are punishable with imprisonment for two years or less are summons
cases, the rest are all warrant cases. Thus, the division is based on punishment which can be
awarded. The procedure for the trial of summons cases is provided by Chapter XX and for
warrant cases by Chapter XIX.
Difference between Bailable and Non-Bailable Offences
BAILABLE OFFENCES NON-BAILABLE OFFENCE
Bailable offence means an offence which is shown
as bailable in the First Schedule or which is made
Non-Bailable Offence means any other offence[2].
bailable by any other Law for the time being in
force[1].
Bailable offences are regarded as less grave and Bailable offences are grave and serious offences,
less serious. For example- offence of murder.
Under bailable offences, bail is claimed as a Under Non-bailable offences, bail is a matter of
matter of right. discretion.
Difference between Cognizable and Non-Cognizable Offences
COGNIZABLE OFFENCE NON-COGNIZABLE OFFENCE
Cognizable offence means an offence for which a
Non-cognizable offence means an offence for
Police Officer may in accordance with the First
which a Police officer has no authority to arrest
Schedule or under any other Law for the time
without warrant.[4]
being in force, arrest without warrant[3].
For cognizable Offences, a Police Officer can take For non-cognizable Offences, a Police Officer
cognizance without permission or order from the cannot take cognizance without permission or
Magistrate. order from the Magistrate.
If among two or more offences one offence is If among two or more offences one offence is non-
cognizable then the whole case shall be deemed to cognizable then the whole case shall not be
be a cognizable case. deemed to be a non-cognizable case.
Cognizable offences are offences for which
Non-cognizable offences are punishable with
punishment is imprisonment for 3 years or more
imprisonment for less than 3 years.
(First Schedule).