Criminal Procedure Code This law works in conjunction with the Indian Penal Code in criminal cases, so common people do not understand what is the difference between them. Our today’s article will try to tell you in detail about what is Criminal Procedure Code and how it works.
This process was brought to the British for the first time, for which the old process was made after eliminating. Earlier, all religions, societies had their own traditions, under which the process of judicial system was run, which is also called Panchayat, which had a lot of rights to punish.
The Criminal Procedure Code will try to know how it is different from the Civil Procedure Code and try to know its features and flaws so that even those who are not aware of the law can have the basic knowledge of the legal process so that ordinary people can understand the small things. We get scared, it is because of lack of information, that’s why we are putting it in front of you in common language.
What is Criminal Procedure Code ?
In order to implement law and order in any state, there are mainly two types of laws, which are called procedure law and substantive law, in which the explanation of what is called an offense is given. The law we are talking about explaining how to apply the basic criminal law in judicial administration in criminal cases in the legal system.
After the criminal cases are decided by the Indian Penal Code, the entire process of how to implement them is included in the “Criminal Procedure Code”, according to which the judiciary and the police administration have to work accordingly. In this process, how to present the investigation process in the court, how to give natural rights to the accused, Public Prosecutor in criminal cases is working on behalf of the society.
Who will have the right to punish and how will it be, its procedure has been explained in detail in this law. Although this law was implemented in British India, but in independent India it was made on the basis of the constitution and in 1973 it was passed and in 1974 it started to be implemented in reality.
History of Criminal Procedure Code –
Before the British came to India, the rule of the Mughals in India was the most influential, in which the law system was run on the basis of religion, in which their religious laws were used for other religions. Talking about the original society of India, according to the religion called Hindu, criminal and all the rules were run in it. Due to the caste system, a separate law and order system were run under each caste.
When the British came to India through East India, they got to see a lot of complexity in the law system, for which they recommended the British polity to make a law for all classes. For the first time in 1773, the Supreme Court was established in Calcutta, which was later implemented in Madras and Bombay.
In this way, for the first time in India, especially in criminal cases, separate procedure and punishment laws were brought, which were very different from the tradition of India. After this, after the war of 1857, the British polity took power from the East India Company and in 1860 the implementation of the Indian Penal Code started. The Code of Criminal Procedure was first introduced by the British Parliament in 1882.
Indian Penal Code and Criminal Procedure Code in Independent India / IPC & CrPC in India –
After the constitution came into force in India in 1950, the laws which were inconsistent with the idea of the constitution were declared void or some part of any law was abolished. Indian Penal Code This law was made in the British Parliament and was a very influential law, which was continued even further. Some changes keep happening in it continuously, but its basic structure has been kept the same.
The Code of Criminal Procedure brought in 1973 on the recommendations of the 41st Law Commission, which has been explained in detail in this law, how the basic laws will be implemented. Which courts will be there and what will be its rights, it has been clarified by this law. In which cases hard decisions have to be taken and in which cases not to be taken, it is done according to this law.
With the help of both this law and the Evidence Act, criminal cases are taken to the end and the law and order is kept under control. To get justice in civil cases, there are two parties in which one gets justice, but in criminal cases, one party is the accused and the other party is the state government, which as a representative of the society gives its opinion on criminal matters and the accused Fights to punish
Criminal Procedure Code & Civil Procedure Code –
If ordinary people do not know what is the difference between these two laws, then they can easily know what is the difference between them. Most of the criminal cases, these are the people who are a danger to the society, but among the common people all the cases are considered as criminal cases, but it is very important to understand what are the common and civil cases.
Personal law in civil matters, which includes matters related to marriage, matters related to property and matters related to behavior, for which there are separate laws and its process is carried out through the Code of Civil Procedure. Civil matters These are disputes between two persons or institutions, in which justice is done in the form of money or to implement something.
All laws have been unified for criminal matters, although in civil cases, many different laws have been made and there is talk of Uniform Civil Code in Parliament, but this topic is very controversial which is related to marriage and property related matters of society. The cases will be made up on the recommendation of amalgamation.
Structure of Criminal Courts-
The process of criminal cases is completed up to the district level and only the constitutional and judicial interpretation of these criminal cases and decisions are given by the High Court and Supreme Court. The Code of Criminal Procedure is used entirely at the district level and has the power to change the justice by analyzing whether the process of these judicial decisions has been corrected or not.
Therefore, we will see further what is the judicial structure for criminal cases up to the district level.
- Junior Magistrate Second Class Court
- Junior Magistrate First Class Court
- Chief Judicial Magistrate
- District Session Court
Through this structure, how much punishment will be provided in which court, it is decided under the Code of Criminal Procedure and what will be the amount of punishment, this law tells in this structure. The District Court can declare its decision only after keeping the death penalty cases sub-judice by the High Court. For civil cases, this judicial process is completely different and damages and settlements take place in the form of judgment.
In criminal and civil matters, criminal cases are given more priority than civil cases due to the lack of staff in the judicial system. For this, whether it is the police administration or the court, criminal cases, it is considered important to fulfill the responsibility of maintaining the law and order of the society first, and it is also justified.
Object of Criminal Procedure Code –
- The most important objective of the Code of Criminal Procedure is to give the right to the accused to present his case impartially, for this the right has been given under this law.
- In order to have a fair process, both the parties have been told the procedure to present their side, so that no deficiency remains while giving justice.
- This law lays down the procedure for the investigation process and the time in which court proceedings should take place to deliver justice at the right and fair time.
- This law explains in detail how the process of criminal cases should be initiated and its final process and how to do justice, so that criminal cases should be seen differently.
- This law works to give justice equally to all the citizens of India, for this all the courts have been given jurisdiction which is called Jurisdiction.
- This law brings clarity in the law system by separating the judicial system from other executive systems of the country.
- The complete judicial system of the district works under the High Court of its state.
- The pre-independence Panchayat system has been abolished through the Criminal Procedure Code.
- This law says who has what rights and what will be the duties.
Difference Between Summons & Warrents –
Summons is a legal notice which is sent in the form of two documents by the court or judicial appointed officer to present the accused, witness and other documents. It is a written order of the court for the person in front to appear in the court.
Warrant It is a document of judicial order of the accused or investigation by the court, which is shown only to the person in front and the person is arrested. These orders are also issued by the court to search someone’s house.
How all this process will be, it is written in the Criminal Procedure Code and who is given what rights it is told. For example, any accused will have to be produced in the court within 24 hours, it is said to be the duty of the police administration, which keeps an eye on the misuse of law.
Bailable Offenses & Non Bailable Offenses –
In the judicial process, what will be bailable offenses and non-bailable offenses has been explained by the Indian Penal Code, but how to process it has been told by the Code of Criminal Procedure. The whole process of how to get bail has to be done within the purview of this law and its process is right or wrong, it is seen by the court.
In which non-bailable cases the accused is to be granted bail, it is decided by the court within the scope of the legal process and what should be the amount of bail according to the crime, it is decided according to the code of criminal procedure. In which cases the police administration has the right to grant bail and in which cases the court has been given powers, this law tells.
Problem of Under Trial Accused / Under Trail Prisoners –
Indian Penal Code in India The law which was made in British India was kept continuous and the Code of Criminal Procedure was implemented in 1973. In India, getting justice for civil and criminal matters is considered very difficult. Ordinary people do not like to go to court, they are afraid.
Law and order should be there to give justice to the people, but when an accused spends many years in jail without being proven guilty and is later acquitted. This is the biggest flaw of India’s judicial system, which is a characteristic of a civilized society, but when this sensitivity is not seen in the context of an accused, then we have to consider our civilization.
When the under trial accused are released innocent, then the government will have to pay the loss of their lives for which there is no law in our social system. To say that the government does not have money to improve this system means corruption of crores of rupees, it would not have happened without money.
This means the system can be improved and the problem of the under-trial accused can be changed, but the facts show that most of these accused come from financially poor homes.
Duty of Police –
- If any police officer refuses to file a criminal report, then you can give his information to the Superintendent of Police (SP) by letter, by mail or directly in writing.
- Any accused who has to appear before a Magistrate shall be kept in police custody for not more than 24 hours within 24 hours.
- The scope of investigation has been fixed under the law, according to which the investigation will be done.
- In case of abuse of rights or violation of the Code of Criminal Procedure, legal action is taken against the guilty rights according to the law.
- The basic purpose of our legal system is to protect the people legally and not to act like the British police system, so this purpose should always be remembered.
- It is the duty of the police administration to protect the constitutional rights of the accused.
- In the Constitution, provisions like Article 20, 21, 22 have been given in the fundamental rights, violating which it is considered treason, it is necessary to realize it.
- Third degree with the accused This arrangement is the system of British India, which is still seen in general today but it is legally unconstitutional.
In this way we have seen how the main laws are implemented by the Code of Criminal Procedure and the law and order in the country is kept stable. Controlling criminal matters is the main responsibility for any successful democracy.
Which is being done well by the judicial system of India, but like we said above, no one sees the problem of under-trial accused on priority in the country because these accused are poor and are defamed and are victim of fear or hatred by the society.
Criminal Procedure Code It works with the Indian Penal Code and other related laws to establish a judicial system in the society. Which needs a lot of reform, which needs money and education.
In this way, we tried to explain what is the Criminal Procedure Code in common language and it has to be understood by everyone at the basic level so that no one can be exploited, this is our aim.