Syeda Sumaira Tabassum
Law: Lecture 11
Criminal Procedure Code (CrPC):
An In-Depth Analysis for
Postgraduate Law Students
Introduction
The Criminal Procedure Code, 1973 (CrPC), is a comprehensive legislative
framework that governs the process of criminal justice administration in India. Its
primary aim is to ensure justice, fairness, and the timely conviction or acquittal of
accused persons. The CrPC encapsulates the procedures for investigations, trials,
appeals, and various stages through which a criminal case progresses.
Objective of the CrPC:
To define the procedure for enforcement of substantive criminal law (Indian Penal
Code) effectively and to balance the rights of the accused with the interests of
society and victims.
1. Investigation and FIR
1.1. Definition and Purpose of Investigation
, Investigation is the process by which the police or any authorized officer collects
evidence to establish the facts of a criminal case. It aims to gather sufficient
evidence to present before the Magistrate, leading to either chargesheet
submission or discharge.
Key Legal Provisions:
Sections 154-176 of CrPC
Section 157: Police to investigate if cognizable offense
Section 173: Reports of investigation (Charge sheet)
1.2. First Information Report (FIR)
An FIR is the foundational document in criminal investigations, setting the process
in motion.
Characteristics of FIR:
Must be filed "as soon as possible" upon receiving information of a cognizable
offense.
It is the basis of all criminal investigations.
Can be filed by any individual having knowledge of the offense.
Legal Imperatives:
Section 154 of CrPC mandates the police to reduce the information into a FIR.
The police are bound to register FIR if the information discloses a cognizable
offense (Section 154(1)).
Important Case Laws:
LAL BAHADUR v. STATE OF U.P., AIR 1959 SC 876: The police have a statutory
obligation to register FIR upon being informed.
Hussainara Khatoon v. State of Bihar, AIR 1979 SC 1377: The importance of
timely FIRs to uphold fundamental rights.
1.3. Investigation Procedure
Investigation comprises several stages:
Arrest of the accused
Collection of evidence
Interrogation
Search and seizure
Collection of forensic evidence
Law: Lecture 11
Criminal Procedure Code (CrPC):
An In-Depth Analysis for
Postgraduate Law Students
Introduction
The Criminal Procedure Code, 1973 (CrPC), is a comprehensive legislative
framework that governs the process of criminal justice administration in India. Its
primary aim is to ensure justice, fairness, and the timely conviction or acquittal of
accused persons. The CrPC encapsulates the procedures for investigations, trials,
appeals, and various stages through which a criminal case progresses.
Objective of the CrPC:
To define the procedure for enforcement of substantive criminal law (Indian Penal
Code) effectively and to balance the rights of the accused with the interests of
society and victims.
1. Investigation and FIR
1.1. Definition and Purpose of Investigation
, Investigation is the process by which the police or any authorized officer collects
evidence to establish the facts of a criminal case. It aims to gather sufficient
evidence to present before the Magistrate, leading to either chargesheet
submission or discharge.
Key Legal Provisions:
Sections 154-176 of CrPC
Section 157: Police to investigate if cognizable offense
Section 173: Reports of investigation (Charge sheet)
1.2. First Information Report (FIR)
An FIR is the foundational document in criminal investigations, setting the process
in motion.
Characteristics of FIR:
Must be filed "as soon as possible" upon receiving information of a cognizable
offense.
It is the basis of all criminal investigations.
Can be filed by any individual having knowledge of the offense.
Legal Imperatives:
Section 154 of CrPC mandates the police to reduce the information into a FIR.
The police are bound to register FIR if the information discloses a cognizable
offense (Section 154(1)).
Important Case Laws:
LAL BAHADUR v. STATE OF U.P., AIR 1959 SC 876: The police have a statutory
obligation to register FIR upon being informed.
Hussainara Khatoon v. State of Bihar, AIR 1979 SC 1377: The importance of
timely FIRs to uphold fundamental rights.
1.3. Investigation Procedure
Investigation comprises several stages:
Arrest of the accused
Collection of evidence
Interrogation
Search and seizure
Collection of forensic evidence
