Criminal Procedure Code, 1973 (CrPC)

The object of the Criminal Procedure Code is to provide a mechanism for the investigation and trial of offenders. It lays down the rules for conduct of investigation into offences by the police proceedings in court against any person who has committed an offence under any Criminal law, whether it is IPC or a 'Crime' classified under any other law.

Types of Offences Covered

All such offences are covered by CrPC which are mentioned in Indian Penal Code. The legal meaning and whether an act will constitute a criminal offence or not is provided in the IPC. The procedure of initiating proceeding or prosecution for a criminal offence is provided in Criminal Procedure Code (CrPC). CrPC provides the manner and place, where investigation inquiry and trial of an offence shall take place.

Classification of Offences

Depending on the nature and gravity of an offences, the CrPC classifies them under the following heads:

1. Bailable and non-bailable offences

In certain minor offences, it is the right of the accused to obtain bail while the trial is pending. These are bailable offences. On the other hand there are more serious offences where the accused do not have a right to obtain bail; in such cases, bail can be granted only on the court's discretion. These are non-bailable offences.

2. Cognizable and non-cognizable offences

Certain offences are so serious that any police officer can investigate and arrest an accused person without obtaining a warrant from a court. For example, murder. These are cognizable offences. In other cases, such as criminal defamation, the police must wait for the order of a magistrate before investigating and arresting the accused. These are non-cognizable offences.

3. Compoundable and non-compoundable offences

In certain offences, the State which conducts the prosecution and the accused can come to an arrangement where, instead of being imprisoned, the accused can pay a fine. These are compoundable offences. The most common example of this is where you get caught without a ticket on a bus or a train and have to pay a fine. In this case, the officer fining you is in fact compounding your offence. Of course not all offences are compoundable; it would not be desirable that murderers should be able to compound their offences.

The CrPC lists various offences under the Indian Penal Code which are compoundable. Of these 21 offences may be compounded by the specified aggrieved party (victim) without the permission of the court and 36 can be compounded only after securing the permission of the court.

Stages in Prosecution of Offence

Prosecution of an offence is usually a two step process. Firstly, the police investigates into a complaint made usually by a victim. Secondly, based on the report of the police, the state prosecutes the accused at a criminal trial where the accused may either be convicted (found guilty), or acquitted (found not-guilty). 

Investigation of Offences

Investigation is a preliminary stage conducted by the police and usually starts after the recording of a First Information Report (FIR) in the police station. Anyone, not only the victim, can notify the police about the commission of an offence by recording an FIR.

If, from the FIR, the officer-in-charge of a police station suspects that an offence has been committed he/she is duty-bound to investigate the facts and circumstances of the case and if necessary, takes measures for the arrest of the offender.

Investigation primarily consists of ascertaining facts and circumstances of the case. It includes all the efforts of a police officer for collection of evidence:

• Proceeding to the spot
• Ascertaining facts and circumstances
• Discovery and arrest of the suspected offender
• Collection of evidence relating to the commission of offence, which may consist of the examination of various persons including the accused and taking of their statements in writing and the search of places or seizure of things considered necessary for the investigation and to be produced at the trial
• Formation of opinion as to whether on the basis of the material collected there is a case to place the accused before a magistrate for trial and if so, taking the necessary steps for filing the charge-sheet
• Investigation ends in a police report to the magistrate

What happens if the police refuse to investigate an offence?

In all cases a person can proceed directly to file a complaint with the Magistrate who may either proceed to try the case or order the police to investigate the offence and file a police report.

Trial of an Offence

Trial is the judicial adjudication of a person's guilt or innocence. Under the CrPC, criminal trials have been categorized into three divisions each having distinct procedures, called warrant, summons and summary trials.

A warrant case relates to offences punishable with death or imprisonment for a term greater than two years. The CrPC provides for two types of procedure for the trial of warrant cases by a magistrate:

1. those instituted upon a police report
2. those instituted upon complaint

The CrPC contains elaborate details about the procedure to be followed in every investigation, inquiry and trial, for every offence under the Indian Penal Code or under any other law. It divides the procedure to be followed for administration of criminal justice into three stages:

1. Investigation
2. Inquiry
3. Trial

In respect of cases instituted on police report, the magistrate may "discharge" the accused upon consideration of the police report and documents sent with it. The Magistrate need not hear the prosecution or record further evidence. In respect of the cases instituted otherwise than on police report, however, the magistrate is bound to hear the prosecution and record evidence. If there is no case made out, the accused is discharged.

In both cases, if the accused is not discharged, the magistrate holds a regular trial after "framing the charge".

In respect of offences punishable with death, life imprisonment or imprisonment for a term exceeding seven years, the trial is conducted in a Sessions Court after being committed or forwarded to the court by a magistrate.

A summons case means a case relating to an offence that is not a warrant case, i.e. cases relating to offences punishable with imprisonment of less than two years. In respect of summons cases, there is no need to frame a charge. The court gives the substance of the accusation, which is called "notice", to the accused when the person appears before the court. The court has the power to convert a summons case into a warrant case, if the magistrate thinks that it is in the interest of justice.

The CrPC also provides that certain petty offences may be tried in a summary way. In a summary trial, no sentence of imprisonment for a term exceeding three months can be passed in any conviction. Usually in such cases, a special summons is sent to the offender requiring him to either attend court and defend himself or admit guilt and pay a fine by post. If a fine of Rs. 200 or less is imposed in such trials, then the accused has no right of appeal.

The common features in all three of the aforementioned trials may be roughly broken into the following distinct stages:

Framing of charge or giving of notice: This is the beginning of a trial. At this stage, the judge is required to weigh the evidence gathered by the police during investigation to ascertain whether or not a prima facie (on the face of the record) case against the accused has been made out.

In case the material placed before the court is sufficient, the court frames the charge and proceeds with the trial. If, on the contrary, the judge considers the materials insufficient for proceeding against the accused, the judge discharges the accused and records reasons for doing so. The charge is read over and explained to the accused who may plead guilty or not-guilty.

If the accused pleads guilty, the judge shall record the plea and may convict him. If the accused pleads not guilty and claims trial, then trial begins. The actual trial starts only after the charge has been framed and the stage preceding the trial is called inquiry. After the inquiry, the charge is prepared and after the formulation of the charge, trial of the accused starts. A charge is nothing but formulation of the accusation made against a person who is to face trial for a specified offence. It sets out the offence that was allegedly committed.

Recording of prosecution evidence: After the charge is framed, the prosecution is asked to examine its witnesses before the court. This is called examination-in-chief. The accused has a right to cross-examine all the witnesses presented by the prosecution. The CrPC provides that when the examination of witnesses has once begun, it shall be continued day-to-day until all the witnesses in attendance have been examined.

Statement of accused: The court has powers to examine the accused at any stage of inquiry or trial for the purpose of eliciting any explanation against incriminating circumstances appearing before it. However, it is mandatory for the court to question the accused after examining the evidence of the prosecution if it incriminates the accused. This examination is without oath and before the accused enters a defence. The purpose of this examination is to give the accused a reasonable opportunity to explain incriminating facts and circumstances in the case.

Plea Bargaining: It refers to the negotiations between the prosecution and defendant in which defendant agrees to plead guilty in return of less harsh punishment than what is to be delivered normally.

Defence evidence: If after taking the evidence for the prosecution, examining the accused and hearing the prosecution and defence, the judge considers that there is no evidence that the accused has committed the offence, the judge is required to record the order of acquittal. 

However, when the accused is not acquitted for absence of evidence, a defence must be entered and evidence adduced in its support. For this purpose, the defence may examine witnesses including the accused. The witnesses produced by the defence are cross-examined by the prosecution.

Most accused persons do not lead defence evidence in India. One of the major reasons for this is that in India, the burden is cast on the prosecution to prove the offence and the degree of proof required in a criminal trial is "proof beyond reasonable doubt". This is quite a high standard that the prosecution must meet. It is not enough for the prosecution to assert that the accused has committed the offence. The judge must be convinced beyond reasonable doubt that it was in fact the accused who committed the offence.

Final arguments: This is the final stage of the trial. The provisions of the CrPC provide that when examination of the witnesses for the defence (if any) is complete, the prosecutor shall sum up the prosecution case and the accused is entitled to reply. These are the final arguments.

Judgment: After the final arguments by the prosecutor and defence, the judge pronounces his judgment in the trial.

Under the CrPC, an accused can be withdrawn from prosecution at any stage of trial with the permission of the court. If the accused is allowed to be withdrawn from prosecution prior to framing of charge, this is a discharge, while in cases where such withdrawal is allowed after framing of charge, it is acquittal.