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Salient-Features-of-CRPC.md

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Salient Features of CrPC

  • Procedural Law
  • Created in 1973, on recommendation of the 41st Law Commission
  • CRPC is committed to the fundamental principle of Article 21.

Article 21: No person shall be deprived of his life or personal liberty except according to procedure established by law.

Capital Punishment- CrPC Section 368

Principles of Natural Justice

  • Audi Altum Partem: Hear the other side.
  • Nemo Judex Causa Sua: No person can be a judge in his own case.
    • Recusal of Judge

CrPC has a principle of Right to Fair Trial, Natural Justice.

At the same time, CrPC also provides the test of reasonability, to be followed by judges.

CRPC has 37 chaptes, 484 sections, and it established the hierarchy of court and following important mechanisms:

  • It defines (non)cognizables offence.
  • CrPC also defines (non)compoundable offences.

Compoundable offence can be plea bargained / compromised between party.

Non-compoundable are not only against the individual, but against the collective conscience of the society.

  • It defince (non)bailable offence. (Under CrPC Sec. 436)
  • It defines summon/warrtent cases.

Cases involve less than 2 years of punshment are called Summon Case. Others are Warrent Cases.

  • Registering a FIR and Police Behaviour.

Requirement of Criminal Justice Reforms in India

  1. Being colonial in origin, our CJS was more punitive/retributive rather than reformative.

  2. So far, IPC & CRPC has failed to inculcate various Supreme Court judgements which are essential for Criminal Justice Reforms.

    • Arnesh Kumar v. State of Bihar, 2014 FIR should not be registered under Article IPC-498a (Dowry Protection), until and unless a proper preliminary inquiry has been done by Investigating Officer.
    • Prakash Singh v. Union of India, 2006 (Police Reforms)
    • Vishaka v. State of Rajasthan, 1997 (Women safety at Workplace)
    • Shreya Singhal Case (Right to Digital Freedom)

  3. In India, scope of bail is very limited, like in CrPC 41-A.

Default Bail/Statuary Bail, CrPC-167, If chargesheet has not been submitted on time.

  • Satyendra Kumar Antil v. CBI, Supreme Court asked the Central Government to do a proper bail reforms in our country.
  1. In the past few years, various cases of political prisioners are on increase. In order to rectify it, out legal jurisprudence, should have a well-defined approach toward following provisions of IPC.
    1. IPC 124A: Sedition
      • Kedarnath Singh Case: Until and unless there is a clear-cut proof that the person's statement is disturbing the tranquillity, merely saying something doesn't amount to sedition.
      • Thwah Faisal Case: Merely reading certain document does not amount to sedition.
      • IPC 124A has been upheld in Kedarnath Singh case, and at the same time it is very much required to maintain the soverignity and integrity of socity.