Law: Criminal Procedure Code in India

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Criminal Procedure Code is described as the fundamental law on the procedure for the regulation of criminal law in India. It is concerned with the set of rules that administer the series of proceedings, which take place during a criminal offence. The code aims at providing the proper mechanism for the imposition of criminal law in the country, by setting up the necessary machinery for arresting criminals, investigating cases, presenting criminals before the courts, collecting evidence, determining the guilt or innocence of accused, imposing penalties or punishments, on the accused. In short, it describes the entire procedure for investigation, trial, bail, interrogation, arrest, and so on.

Criminal Code Procedure (CrPC) implies the law enforced in India for regulating criminal law procedure, which should be followed during a criminal case. It is a Procedural Law, and the main objective is to strengthen the law concerning criminal procedure. It lays down the steps that are followed for a criminal case.

It lays down the classes of criminal courts, i.e., high courts, courts of session, judicial magistrate of the first class, judicial magistrate of the second class, and executive magistrate, wherein different types of offences are brought for trials. Besides these courts, a supreme court is a Superior Court has the ultimate power. Moreover, there is a limit of sentences that each of these courts can pass.

CLASSIFICATION OF OFFENCES UNDER CRPC:

Bailable Offences:

Offences Section 2(a) of CrPC defines bailable offences as offences or crimes that are not very serious in nature. A person accused of a bailable offence is arrested without a warrant and is prepared to give bail; such person shall be released on bail. The discretion to decide the bail amount is with the Court or with the officer, as the case may be. Police cannot refuse to release a person from custody if he/she fulfills all the necessities.

Non-Bailable Offences:

2(a) of CrPC defines non- bailable offences as the offences which are punishable with death, imprisonment of life, or imprisonment for more than seven years. A person who is accused of a non-bailable offence doesn?t have the right to be released on bail, but the bail can be granted at the discretion of the court, subject to certain conditions given in Section 437 of CrPC. A person who is accused with an offence punishable with death or imprisonment of life can be released on bail if the person is below the age of sixteen years.

Is an Anticipatory Bail?

Case, a person, is of the worried that he might be arrested on the accusation of a non-bailable offence, he can move to High Court or Court of Session to apply for bail under Section 438 of CrPC. The bail can be granted that will be on the discretion of the Court subject to certain conditions, including conditions that the person shall:

Make himself available for interrogation by Police Officer as and when required on being called.

Not make any inducement, threat, or promise to any person to prevent him from disclosing any material facts to the Court or any police officer.

Not leave India without prior permission of the Court.

Cognizable offences:

offences are those offences in which the police can arrest the accused without any warrant. These offences are more serious in nature. The offence in which the police officer does not require any warrant to arrest the accused and has the authority to begin an investigation without any permission of the court is known as a cognizable offence. In such kind of offences, once the accused is arrested, he/she will be produced before the magistrate, in the stipulated period of time. As the crime is of serious nature, the court?s approval is implicit in conizable offences.

Non- Conizable offences:

offences are the offences listed under the first schedule of the Indian Penal Code and are bailable. When an offence is non-cognizable, the police do not have a right to arrest the accused person without a warrant, as well as they are not entitled to start an investigation without prior approval or permission of the court. The offences like forgery, assault, cheating, defamation, public nuisance, hurt, mischief, etc. are Non- Conizable offences.

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