Key differences between IPC and CrPC

As citizens of India, it is important to be well versed with the laws of our country, more so, when it comes to society at large. The criminal laws impact not just individuals but the entire society. The Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) are two of the most important legislation governing crimes in India. Besides these, the Indian Evidence Act, 1872 is the third legislation under criminal law in India.

The Indian Penal Code (IPC)

The Indian Penal Code is the official criminal code of India, which was drafted way back in 1860. It’s objective is to provide a general penal code for the country. It has 511 sections across 23 chapters, providing the list of crimes along with their definitions and punishments. The IPC has been amended several times and is now supplemented by other Acts. Its jurisdiction extends to the whole of India except the State of Jammu and Kashmir.

Here is the detailed overview of the important provisions of the CrPC –

• Chapter 1 – Introduction (Section 1 – 5)
• Chapter 2 – General Explanations (Section 6 – 52A)
• Chapter 3 – Of punishments (Section 53 -75)
• Chapter 4 – General Exceptions (Section 76 – 106)
• Chapter 5 – Of Abetment (Section 107 – 120)
• Chapter 5A – Of Criminal Conspiracy (Section 120A and 120B)
• Chapter 6 – Of offenses against the State (Section 121 – 130)
• Chapter 7 – Of offences relating to the army, navy and air force (Section 131 – 140)
• Chapter 8 – Of offences against the public tranquillity (Section 141 – 160)
• Chapter 9A – Of offences relating to elections (Section 171A – Section 171I)
• Chapter 10 – Of contempts of the lawful authority of public servants (Section 172 – 190)
• Chapter 11 – Of false evidence and offences against public justice (Section 191 – 229)
• Chapter 12 – Of offences relating to coin and government stamps (Section 230 – 263A)
• Chapter 13 – Of offences relating To weights and measures (Section 264 – 267)
• Chapter 14 – Of Offences Affecting The Public Health, Safety, Convenience, Decency And Morals (Section 268 – 294A)
• Chapter 15 – Of Offences Relating To Religion (Section 295 – 298)
• Chapter 16 – Of Offences Affecting The Human Body (Section 299 – 377)
• Chapter 17 – Of Offences Against Property (Section 378 – 462)
• Chapter 18 – Of Offences Relating To Documents And To Property Marks (Section 463 – 489E)
• Chapter 19 – Of The Criminal Breach Of Contracts Of Service (Section 490 – 492)
• Chapter 20 – Of Offences Relating To Marriage (Section 493 – 498)
• Chapter 20A – Of Cruelty By Husband Or Relatives Of Husband (Section 498A)
• Chapter 21 – Of Defamation (Section 499 – 502)
• Chapter 22 – Of Criminal Intimidation, Insult And Annoyance (Section 503 – 510)
• Chapter 23 – Of Attempts To Commit Offences (Section 511)

The Code of Criminal Procedure (CrPC) –

The Code of Criminal Procedure is the main legislation on the procedure for the regulation of criminal law in India. The CrPC details the procedure for the investigation of the crime, presenting criminals before the court of law, collection of evidence, determination of guilt or innocence of the accused, imposition of penalties or punishments etc. It further lays down the hierarchy of the courts competent to try criminal lawsuits. In descending order it is the High Court at the top followed by Sessions Court, First Class Judicial Magistrate, Second Class Judicial Magistrate and Executive Magistrate. There is a limit affixed for sentences which these courts can pass against the accused. The Supreme Court is the apex court, and it has the ultimate power. The code was enacted in 1973. At present, the CrPC contains 484 sections cut across 37 chapters. It also has two schedules and 56 forms.

Here is the detailed overview of the important provisions of the CrPC –

• Chapter 1 – Preliminary (Section 1 – 5)
• Chapter 2 – Constitution of Criminal Courts and Offices (Section 6 – 25)
• Chapter 3 – Power of Courts (Section 26 – 35)
• Chapter 4 – Powers of Superior Officers of Police (Section 36 – 40)
• Chapter 5 – Arrest of Persons (Section 41 – 60)
• Chapter 6 – Processes to compel Appearance (Section 61 – 90)
• Chapter 13 – Jurisdiction of the Criminal Courts in inquiries and trials (Section 177 – 189)
• Chapter 14 – Conditions requisite for initiation of proceeding (Section 190 – 199)
• Chapter 15 – Complaints to Magistrates (Section 200 – 203)
• Chapter 16 – Commencement of proceedings before magistrates (Section 204 – 210)
• Chapter 17 – The Charge (Section 211 – 224)
• Chapter 18 – Trail before a court of session (Section 225 -237)
• Chapter 19 – Trial of warrant-cases by magistrates (Section 238 – 250)
• Chapter 20 – Trial of summons-cases by magistrates (Section 251 – 259)
• Chapter 21 – Summary Trials (Section 260 – 265)
• Chapter 22 – Attendance of persons confined or detained in prisons (Section 266 – 271)
• Chapter 23 – Evidence in inquiries and trials (Section 272 – 299)
• Chapter 24 – General provisions as to inquiries and trials (Section 300 – 327)
• Chapter 25 – Provisions as to accused persons of unsound mind (Section 328 – 339)
• Chapter 26 – Provisions as to offences affecting the administration of justice ( Section 340 – 352)
• Chapter 27 – The Judgement (Section 353 – 365)
• Chapter 28 – Submission of death sentences for confirmation (Section 366 – 371)
• Chapter 29 – Appeals (Section 372 – 394)
• Chapter 30 – Reference and Revision (Section 395 – 405)
• Chapter 31 – Transfer of criminal cases (Section 406 – 412)
• Chapter 32 – Execution, Suspension, Remission and Commutation of Sentences (Section 413 – 435)
• Chapter 33 – Provisions as to bail and bonds (Section 436 – 450)
• Chapter 34 – Disposal of Property (Section 451 – 459)
• Chapter 35 – Irregular Proceedings (Section 460 – 466)
• Chapter 36 – Limitation for taking cognizance of certain offences (Section 467 – 473)
• Chapter 37 – Miscellaneous (Section 474 – 484)

Major Difference between IPC and CrPC –

1.  The IPC provides a substantive list of all crimes and lays down the punishment for each one of them. For example, Section 378 defines Theft as “Whoever, intending to take dishonestly any moveable property out of the possession of any person without that per­son’s consent, moves that property in order to such taking, is said to commit theft.” The punishment for the offence of theft is spelt out under Section 379 in the following words, “Whoever commits theft shall be pun­ished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.” On the other hand, CrPC is a procedural law, and it lays down the ways or methods to be followed in a criminal case. So if a person is charged with ‘theft’, it is the CrPC which provides further details as to how the investigation would be carried out, how evidence will be collected etc. So CrPC concerns itself with the procedural aspect of the crime.
2. The primary purpose of IPC is to provide a general penal code for India which prescribes punishments to wrong-doers. The primary goal of CrPC is to consolidate the criminal law in the country.
3. The Indian Penal Code is a substantive law whereas, the Code of Criminal Procedure is procedural law.

CONCLUSION –

The Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act are the three primary legislation governing criminal law in India. They continue to play an important role in the court of law for the effective administration of justice. Besides, there are other legislations such as the Prohibition of Child Trafficking Act, the Juvenile Justice Act, which supplement the three main legislation. Both the IPC and the CrPC are pan-India in nature and extend to the whole of the State. Jammu and Kashmir are beyond their jurisdiction. IPC is the only substantive law here, and the Indian Evidence Act and the CrPC are the procedural laws.

Procedure after FIR is lodged and FIR cancellation procedure

Introduction

The first information report is a written report prepared by the police department of the respective police station where the crime  (Cognizable offense) has occurred. This is an essential practice which gives a kickstart to a criminal proceeding in a court. It is prevalent in countries like India, Bangladesh, Pakistan, etc. An FIR is generally logged by the victim of a cognizable offense. However, in the cases where the victim is deceased or is in such a condition as unable to lodge an FIR, someone on his behalf can also lodge an FIR either orally or in writing to the police. FIR is defined under Section 154 of Criminal Procedure Code, 1973.   As the name itself suggests, An Fir must contain all the information which the victim is possessing about the cognizable offense. Also, Fir must be read to the person giving information or lodging complaint to the police and must contain his signature. This prevents cases of fraud FIRs lodged by the police officials if the complainant is illiterate.

After lodging an FIR

Once the FIR is lodged, the police can start the investigation work. The investigation includes collecting evidence, questioning witnesses, inspecting the crime scene, forensic testing, recording statements of the witnesses. It is always said that, after experiencing a cognizable offense, the first thing a victim should do, is to lodge an FIR. The reason for the same is attributed to the fact that, if there will be a considerable amount of time duration between the commission of a crime and lodging an FIR, this will give an opportunity to the offender to manipulate the shreds of evidence, eye-witness or any such material which can turn the judgment of the bench. For example, in rape cases, certain medical tests are to be conducted within a span of 2 days. Otherwise, there will be no evidence left in the victim’s body.

Once the stage of investigation is completed, the police may form a Charge Sheet often called as Challan and record their findings in it. If it is deemed that there is enough proof in the charge sheet, the case reaches the court.

Also, if after the completion of the investigation, the police concludes that there is not enough evidence, so as to establish the crime, they may close the case. Reason for closing the case must be backed by a rational in the competent court of jurisdiction.

When authorities refuse to lodge an FIR

Remember, that no police station can deny for lodging an FIR and they have to do this free of cost.

1. You can contact Superintendent of Police or any other high officials and bring to their notice the complaint filed by you.
2. You can contact such high officials by sending the complaint to them in writing. If they are satisfied by your complaint, they may order for the investigation of the case of may investigate the case himself.
3. A private complaint can be lodged in the court of competent jurisdiction.
4. You approach the authorities such as the State Human Rights Commission or the National Human Rights Commission.

Filing a Criminal Complaint accompanied by Vakalatnama and Court Fees

This is a petition which is submitted by the complainant authorizing an advocate to plead the case. This contains written allegations of the complainant, the summary of the happening of offense and the complaint prays for the relief he seeks for the same.

Criminal Complaint must be accompanied by a Vakalatnama. It gives the advocate (Who will be representing you in the court) the authorization to fight for justice, appear on his behalf, and handle all the court procedure. The lawyer who has signed the Vakalatnama is bonded by all the duties of an advocate, such as Attorney-Client Privilege. All such terms and conditions are explicitly mentioned in Vakalatnama.

Plaints are also required to be accompanied by court fees to be paid to the court. The amount of court fees is governed by the rules an regulations embodied in the Court Fees Stamp Act. Court fees are usually a nominal percentage to the suit value, and it differs from case to case.

Cancellation of FIR

Once the Fir is registered, FIR cannot be canceled. Even when the complainants urge for the same. It can be disposed of only as per the manner prescribed under the Criminal Procedure Code.

FIR is disposed of in the following circumstances-

1. When the Offender cannot be traced even after making all possible efforts, and there are no changes for finding him in the future.
2. When the Complainant has registered a false complaint.
3. The accused person dies before filing the charge sheet against him in the court.
4. When the complaint withdraws the case or requests the court to refer the case to Lok Adalat/ National Lok Adalat. So that the case can have a lead towards settlement.

In addition to the aforementioned circumstances, the government has the power to withdraw prosecution of a criminal case against him in the court. This power is conferred under Section 321 of the Criminal Procedure Code.

Conclusion

All citizens should get to know about their rights to filing FIRs. At the same time, they must be aware of the steps that they can take if the police refuse to register their complaints. In some cases, it is best to file a complaint petition before the judicial magistrate instead of registering an FIR.