Criminal Procedure Code (CrPC)

Posted on : 3 December, 2025 1:27 am

The Criminal Procedure Code (CrPC), 1973 is one of the most important laws in India. It explains how criminal cases begin, how investigations happen, how courts work, how trials take place, and how punishment is given.
If the Indian Penal Code (IPC) tells us what is a crime, then the CrPC tells us how to take action against that crime.

This blog explains the CrPC in a simple way so that any law student, CLAT aspirant, judiciary aspirant, or general reader can understand it easily.

What is CrPC? 

The Criminal Procedure Code (CrPC) is the law that provides the procedure for:

  • filing FIRs

  • conducting arrests

  • collecting evidence

  • presenting charges

  • trials in criminal courts

  • appeals and revisions

  • maintenance orders

  • rights of accused and victims

  • police and magistrate powers

It ensures fairness, transparency, and justice.

Why CrPC is Important?

CrPC plays a crucial role because it:

  • protects fundamental rights

  • prevents misuse of police powers

  • ensures fair investigation

  • gives accused a fair trial

  • ensures victims get justice and remedies

  • creates a uniform process across India

Without CrPC, India’s criminal justice system would become unorganized and unfair.

Structure of CrPC (Chapters & Sections)

CrPC has:

  • 37 Chapters

  • 484 Sections

  • 2 Schedules

Below is a quick structure:

Part Covers
Sections 1–5 Introduction & definitions
Sections 6–35 Criminal courts & powers
Sections 36–48 Arrests & police powers
Sections 49–60 Production before magistrate
Sections 61–90 Summons, Warrants
Sections 91–105 Evidence, search & seizure
Sections 106–124 Security proceedings
Sections 125–128 Maintenance
Sections 129–132 Public order
Sections 154–176 FIR & Police Investigation
Sections 177–189 Jurisdiction
Sections 190–199 Cognizance of offences
Sections 200–210 Complaints to magistrate
Sections 211–224 Charge framing
Sections 225–237 Sessions trials
Sections 238–250 Warrant cases
Sections 251–259 Summons cases
Sections 260–265 Summary trials
Sections 265A–265L Plea bargaining
Sections 366–371 Death penalty confirmation
Sections 372–394 Appeals
Sections 397–405 Revisions
Sections 406–412 Transfers
Sections 413–435 Execution of sentences
Sections 436–450 Bail provisions
Sections 451–459 Property disposal
Sections 460–466 Irregular proceedings
Sections 468–473 Limitation
Sections 474–484 Miscellaneous

Key Terms in CrPC (With Simple Meanings)

Term Meaning
FIR (Section 154) First information report of a cognizable crime
Cognizable Offence Police can arrest without warrant
Non-Cognizable Offence Police need court order to arrest
Bailable Offence Bail is a right
Non-Bailable Offence Bail is not a right
Charge Sheet (Sec 173) Police report submitted after investigation
Summons Order to appear before court
Warrant Order to arrest a person
Anticipatory Bail (Sec 438) Bail in advance before arrest

How Criminal Cases Start? (Step-by-Step)

Step 1: Commission of Crime

A crime occurs.

Step 2: FIR Registration

Victim or witness goes to police station → Section 154 (FIR for cognizable offences).

Step 3: Police Investigation

Police gather evidence, examine witnesses, make arrests.

Step 4: Charge Sheet

Police file the charge sheet (Sec 173).

Step 5: Court Takes Cognizance

Magistrate accepts the case for trial (Sec 190).

Step 6: Charges are Framed

Court decides which charges apply.

Step 7: Trial Begins

Witnesses are examined, evidence is presented, and arguments are made.

Step 8: Judgment

Court declares acquittal or conviction.

Step 9: Appeal

If dissatisfied, parties can appeal in higher courts.

FIR and Investigation Under CrPC

FIR (Section 154)

  • Only for cognizable offences

  • Victim, witness, or even third person can file

  • FIR must be written & signed

  • Police must give a free copy to complainant

Types of FIR

Type Meaning
Zero FIR Can be filed in any police station
Regular FIR Filed at the jurisdictional police station

Investigation (Sections 154–176)

Police responsibilities:

  • visit crime scene

  • collect physical evidence

  • record witness statements (Sec 161)

  • arrest accused (if needed)

  • do medical examinations (Sec 164A)

Final outcome → Charge Sheet or Closure Report.

Arrest Procedures Under CrPC

Arrest Without Warrant (Sec 41)

Police can arrest if:

  • person committed a cognizable offence

  • person is a habitual offender

  • arrest is required for investigation

Arrest With Warrant

Issued by magistrate (Sec 70).

Rights of Arrested Person

Right Legal Basis
Right to know the reason of arrest Sec 50
Right to bail in bailable offences Sec 436
Right to legal aid Article 22
Right to be produced before magistrate within 24 hours Sec 57

Bail Under CrPC

Kinds of Bail

Type Meaning
Regular Bail After arrest (Sec 437/439)
Anticipatory Bail Before arrest (Sec 438)
Interim Bail Temporary bail

When Bail is Mandatory?

  • In bailable offences

  • When investigation is not completed within prescribed time (60/90 days)

Types of Criminal Trials Under CrPC

Type of Trial Sections Used For Speed
Sessions Trial Sec 225–237 Serious offences (rape, murder) Slow
Warrant Case Trial Sec 238–250 Offences punishable with ≥ 2 years Medium
Summons Trial Sec 251–259 Minor offences Fast
Summary Trial Sec 260–265 Very minor offences Very Fast

Evidence Rules Under CrPC

CrPC works together with the Indian Evidence Act.

Important points:

  • Statements under Section 161 (police)

  • Confessions & statements under Section 164 (magistrate)

  • Medical evidence under Section 164A

  • Identification parades

Complaints to Magistrate (If Police Refuse FIR)

If police do not register FIR, you can:

Option 1: Approach SP

Under Section 154(3).

Option 2: Approach Magistrate (Sec 156(3))

Magistrate can order police to investigate.

Option 3: File a Direct Complaint (Sec 200)

Magistrate takes cognizance directly.

Maintenance Under CrPC (Section 125)

CrPC provides maintenance to:

  • wife (including divorced wife)

  • children

  • parents

Purpose: Prevent destitution and ensure basic survival.

Plea Bargaining (Sections 265A–265L)

Introduced in 2006.
Accused admits guilt → gets lesser punishment.
Used mainly for minor offences.

Appeals & Revisions

Appeals

Court Appeal To
Magistrate Sessions Court
Sessions Court High Court
High Court Supreme Court

Revisions (Sec 397–405)

Higher courts correct mistakes made by lower courts.

Important Recent Amendments

Some notable updates in recent years:

  • Faster investigation timeline in rape cases

  • Increase in victim compensation schemes

  • Video-conferencing allowed for court proceedings

  • Zero FIR widely accepted in all states

CrPC vs IPC vs Evidence Act (Quick Comparison)

Aspect CrPC IPC Evidence Act
Deals With Procedure Substantive law Rules of evidence
Focus How trial happens What is crime What is admissible
Goal Justice process Define crimes & punishments Ensure fair proof

Who Should Study CrPC Deeply?

  • Law students (LLB, BA LLB, BBA LLB)

  • CLAT/AILET aspirants

  • Judiciary aspirants

  • Police & administrative officers

  • Anyone interested in law

Benefits of Understanding CrPC

  • Helps in litigation

  • Useful for internships

  • Good for competitive exams

  • Helps citizens understand their rights

Conclusion

The Criminal Procedure Code (CrPC) is the backbone of India’s criminal justice system. It ensures that every investigation, arrest, trial, and punishment happens fairly, transparently, and legally.
For law students, understanding CrPC is essential because it forms the foundation of criminal law practice.
Whether you want to become a lawyer, judge, police officer, or legal researcher, a strong command over CrPC will always benefit your career.