Criminal Procedure Code (CrPC) 1973: Meaning, Sections and BNSS

The Code of Criminal Procedure, 1973 (CrPC) governed criminal procedures in India, including investigation, arrest, bail, trial and appeals. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced it from 1 July 2024.

• Structure: The CrPC contains 484 sections across 37 chapters, while the BNSS contains 531 sections across 39 chapters.
• Pending cases: Under Section 531 of the BNSS, certain proceedings pending immediately before 1 July 2024 continue under the CrPC.
• Production before a Magistrate: An arrested person must generally be produced before a Magistrate within 24 hours, excluding travel time.
• Default bail: Depending on the offence, an accused may qualify for default bail if the chargesheet is not filed within 60 or 90 days.
• Undertrial release: The BNSS provides for the release of eligible first-time offenders after serving one-third of the maximum sentence, subject to statutory conditions.

The applicable law depends on the relevant dates and transitional provisions, not only the case registration date. Criminal law practitioners should understand these changes to advise clients correctly. Advocates planning to establish or expand their practice can check their eligibility for a Bajaj Finance Lawyer Loan to explore funding for practice-related expenses.

The Code of Criminal Procedure, 1973 (CrPC) was the law that governed criminal procedures in India, including how the police investigate offences, make arrests, grant bail and conduct trials. It came into force on 1 April 1974 and provided the procedural framework for handling criminal cases.

The CrPC covered several stages of a criminal case, such as filing a complaint, recording evidence, conducting investigations, presenting cases before a court and hearing appeals. It also set rules for the powers of police officers and courts during criminal proceedings.

On 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the CrPC. However, under Section 531 of the BNSS, certain investigations, inquiries, trials, appeals and other proceedings that were pending immediately before the new law came into force continue under the CrPC.

Understanding the difference between the CrPC and the BNSS helps legal professionals identify the procedural rules that apply to a criminal case. The applicable law depends on the circumstances and the relevant transitional provisions.

The CrPC has 37 chapters and 484 sections. Nine sections govern the stages most cases pass through:

These provisions keep criminal proceedings lawful and consistent. Where the same facts also involve a civil wrong, principles of tort law can apply alongside criminal liability.

Section 41 of the CrPC 1973 lists when the police can arrest without a warrant, and it is now Section 35 of the BNSS. For offences punishable with up to 7 years' imprisonment, the police must be satisfied that an arrest is necessary and record the reasons in writing.

The accepted reasons are to prevent a further offence, ensure a proper investigation, prevent destruction of evidence, stop the accused from influencing witnesses, or ensure the accused appears in court. If none applies, the police issue a notice of appearance under Section 41A instead.

In Arnesh Kumar v State of Bihar (July 2014), the Supreme Court directed that arrests in such cases must not be automatic. Magistrates must check the recorded reasons before authorising detention.

No. A police officer cannot arrest a person without a warrant for every offence. Under Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the police can arrest without a warrant in specified circumstances. For cognizable offences punishable with up to seven years of imprisonment, the officer must have a valid reason to believe that the person committed the offence and must be satisfied that arrest is necessary. If arrest is not necessary, the police must issue a notice to appear. For non-cognizable offences, a warrant or Magistrate’s order is generally required, subject to legal exceptions. A person who is infirm or over 60 years old also receives special protection under Section 35(7) for offences punishable with less than three years of imprisonment. 

The Criminal Procedure Code grew from British-era laws of 1882 and 1898 into the 1973 Code, which the BNSS replaced in 2024.

For ordinary offences, the BNSS keeps the basic scheme of arrest and bail: bail is a right in bailable offences, courts have discretion in non-bailable offences and anticipatory bail continues. Most changes are new section numbers, with five specific rule changes.

A criminal case under the CrPC passes through six stages, from investigation to appeal.

1. Investigation: The police begin after an FIR or complaint, collect evidence, question witnesses and arrest where needed.
2. Chargesheet: After investigation, the police file a chargesheet before the Magistrate if the evidence supports it. Where a contract is involved, separate civil remedies are available under the Indian Contract Act.
3. Framing of charges: The court frames charges if there is sufficient prima facie evidence.
4. Trial: Witnesses are examined and cross-examined, and evidence is presented.
5. Judgment: The court convicts or acquits on the merits. Cheating offences were tried under Section 420 of the IPC, now Section 318 of the Bharatiya Nyaya Sanhita, 2023.
6. Appeal or revision: Either side can challenge the judgment in a higher court.

If the police do not file the chargesheet in time, an accused in custody becomes entitled to bail. This is called default bail, under Section 167(2) of the CrPC (Section 187(3) of the BNSS).

The accused must apply for bail before the chargesheet is filed and be ready to furnish bail. The Supreme Court held this in Uday Mohanlal Acharya v State of Maharashtra (March 2001). The case continues, and the police can file the chargesheet later. Special laws can set longer periods.

The CrPC classifies offences as cognizable or non-cognizable, which decides whether the police can arrest without a warrant. The First Schedule lists which offences fall in each class.

For a non-cognizable offence, the Magistrate takes cognizance under Section 190. Under Section 156(3), the Magistrate can also direct the police to register and investigate a case. For consumer disputes, remedies lie under the Consumer Protection Act 2019 instead.

Under Section 204 of the CrPC, a Magistrate who takes cognizance issues a summons in a summons-case, and a summons or a warrant in a warrant-case.

The Magistrate issues process only if there is sufficient ground to proceed. Section 227 of the BNSS now governs this step.

A private complaint needs a written complaint, an affidavit, supporting documents and a witness list. A complaint is an allegation made to a Magistrate, orally or in writing, that a person has committed an offence (Section 2(d)). The Magistrate examines the complainant on oath under Section 200 (Section 223 of the BNSS).

The Magistrate can inquire further under Section 202 before issuing summons or a warrant. Under the BNSS, the Magistrate must also give the accused a hearing before taking cognizance of a complaint.

Criminal courts in India form a six-level hierarchy, from the Supreme Court down to the Judicial Magistrate Second Class. Each level has a ceiling on the sentence it can pass.

A death sentence passed by a Sessions Court needs confirmation by the High Court before it is carried out.

The table lists 19 major Acts that amended the CrPC between 1974 and 2018. The BNSS replaced the Code on 1 July 2024, so this list is the record of amendments before then.

Nine groups of authorities run the criminal justice system under the CrPC, from courts to correctional staff.

• Supreme Court of India
• High Courts
• District and Sessions Judges, and Additional District Judges
• Judicial Magistrates: Chief Judicial Magistrate, Judicial Magistrate First Class and Judicial Magistrate Second Class
• Executive Magistrates: District Magistrate, Additional District Magistrate, Sub-Divisional Magistrate and Executive Magistrate
• Police
• Public Prosecutors
• Defence lawyers (advocates)
• Correctional services staff

Defence lawyers protect the rights of the accused. Knowing the advocate meaning clarifies their legal duties in criminal proceedings.

A procedural lapse can change the result of a case even when the facts are strong. Five lapses carry the most risk:

Under Section 465, a finding or sentence is not reversed for an irregularity unless it caused a failure of justice. Ask your lawyer which lapses in your case are curable.

Criminal law practitioners can fund a chamber, case-law databases or staff with a lawyer loan or a professional loan from Bajaj Finance. The Lawyer Loan offers Rs. 2 lakh to Rs. 30 lakh without collateral, repaid over 12 to 96 months (8 years) at 11% to 17% per annum.

Worked example: Rohit is a 38-year-old criminal defence advocate in Bhopal with practice receipts of Rs. 1,10,000 per month and a CIBIL Score of 752. He borrows Rs. 3,00,000 for a case-law database subscription and chamber upgrade at an assumed 14% per annum over 24 months.

The equated monthly instalment (EMI) formula is EMI = P × r × (1 + r)^n ÷ ((1 + r)^n − 1). P is the loan amount, r is the annual rate divided by 12 and by 100, and n is the tenure in months. Rohit's EMI is Rs. 14,404, his total interest is Rs. 45,693 and his processing fee is up to Rs. 8,850 (2.95%).

His EMI is 13.1% of his monthly receipts. A longer tenure lowers the EMI and raises the total interest. Approval is subject to eligibility and verification by Bajaj Finance.