Skip to main content

Criminal Procedure Law in India

This page provides an overview of Criminal Procedure Law in India, focusing on the Criminal Procedure Code (CrPC) 1973. It aims to be helpful for law students, particularly those pursuing LLB degrees.

Overview of CrPC 1973​

The Criminal Procedure Code (CrPC) 1973 is a comprehensive legislation governing criminal procedure in India. It outlines the procedures to be followed when investigating crimes and prosecuting offenders.

Key Sections​

  1. Section 41: Power of police officers to seize any property found in possession of any person who is arrested and reasonably suspected of having committed or of having been knowingly concerned in any cognizable offence.

  2. Section 53: Examination of accused by medical practitioner.

  3. Section 164: Recording of confession and statement by Magistrate.

  4. Section 167: Detention of accused pending investigation.

  5. Section 309: Powers of police officer to investigate cognizable cases.

  6. Section 438: Direction for grant of bail to person apprehending arrest.

Case Examples​

Case 1: Nandini Satpathy vs. P.L. Daniel [1978] 2 SCR 397​

In this landmark case, the Supreme Court held that custodial confessions are inherently unreliable and cannot be used as evidence against the accused without corroborative material.

Legal Section: Section 25(3) of the Evidence Act, 1872

Case 2: Kharak Singh vs. State of Uttar Pradesh AIR 1963 SC 1295​

The Supreme Court ruled that the power of search under Section 35 of the CrPC must be exercised judicially and not arbitrarily.

Legal Section: Section 35 of the CrPC

Case 3: Arnesh Kumar vs. State of Bihar [2014] 10 SCC 218​

The Supreme Court emphasized the importance of personal liberty and struck down certain provisions of the Bihar Police (Incitement to Hatred) Ordinance, 2013, which were deemed violative of Article 21 of the Constitution.

Legal Section: Article 21 of the Constitution of India

Practical Application for LLB Students​

As LLB students, understanding the nuances of CrPC 1973 is crucial. Here are some practical tips:

  1. Familiarize yourself with key sections like 41, 53, and 164, as they often come up in criminal law discussions.

  2. Pay attention to case law related to specific sections, as they provide valuable insights into how courts interpret and apply the law.

  3. Practice drafting police reports and charge sheets based on hypothetical scenarios involving different sections of the CrPC.

  4. Engage in moot court exercises where you play the role of either the prosecution or defense, applying various provisions of the CrPC.

By mastering the Criminal Procedure Code, you'll gain a deeper understanding of how criminal justice operates in India, preparing you well for your future career in law.