Code_of_Criminal_Procedure_CRPC_1898.pptx

Code of Criminal Procedure
(CRPC), 1898
1898

Presented To
MD. HARUNUR RASHID
Assistant Professor
Dept. of Public Administration & Governance Studies
Jatiya Kabi Kazi Nazrul Islam University
Presented By
Group - 01
Session: 2017-18
Dept. of Public Administration & Governance Studies

I am Sifati Jannat Mim
and bearing ID is 18123109.
HELLO!

OUTLINE
About CrPC
What is Code & Criminal code
Criminal Procedure Code
Criminal Procedure in British India
and Independent Bangladesh
Contents of CrPC at a Glance
The objects and application of
CrPC

about CrPC
Popularly known as the Criminal Procedure Code
(CrPC), it is the primary legislation regarding the
procedural aspects of criminal law.
The first Code of Criminal Procedure was passed by the British
Parliament in 1861
Act No. 5 of 1998
First Promulgated On March 22, 1998
Procedural Law
Total Chapters: 46 under 9 Volumes

What
Is
According to Wikipedia, Code means a set of
principles that are accepted and used by society or a
particular group of people. So, code means the whole
body of law; whether of a complete system of law e.g.
the Roman Law Code of Justinian, or a relating to a
particular subject or branch of law e.g. the Sale of
Goods Act, 1930.
A Criminal code is a compilation
of government laws that outline
a nation’s laws regarding
criminal offences, and the
maximum and minimum
punishments that Courts can
impose upon offenders when
such crimes are committed.
Criminal procedure is entirely
regulated by the statute which is
mainly guided by the Code of

The word ‘criminal’ is derived from Latin word ‘crimin’ (a
judgment or accusation) and means “belonging to an
accusation”. The word ‘procedure’ means the mode or
manner of moving on. Sir James Stephen says that the
Code is inadequately described by the name of ‘Criminal
Procedure Code’, because it is a complete body of law
on three distinct but related subjects: “the constitution of
criminal courts, the conduct of criminal proceedings and
the prevention of crimes by interference beforehand”.

CRIMINAL PROCEDURE IN BRITISH INDIA
AND INDEPENDENT BANGLADESH
On July 10, 1833, an aspiring young English lawyer named
Thomas Babington Macaulay stood before the Parliament and
presents an impassioned argument about the future role of
British governance in India and “to give good government to a
people to whom we cannot give a free government.” Around the
same time that Macaulay set his hand to codify the Indian Law,
the Royal Commission on the Criminal Law also began its review
of the English Penal Law. In 1881, a colonial official in the
Central Provinces remarked “codes are like arithmetic books
which no one is required to learn,” The codification of law in
India (where there was no common law) was deeply marked by
the culture of colonialism, A great change was made to the CrPC
in the year of 1982 after the independence of Bangladesh.
Recently in 2007 the Government has enacted an amended
Criminal Code as a part of its commitment to the separation of

There were 565 sections in the original Code but afterwards a lot
of sections have been repealed.
In the Code, there are five schedules
Schedule-
1
was repealed
Schedule-
2
gives a chart of offences; punishments; by
whom it will be adjudged; nature of
offences etc.
Schedule-
3
states the ordinary jurisdictions of the
Magistrates.
Schedule-
4
states about the extra-ordinary jurisdictions
of the Magistrates
Schedule-
5
gives various forms of summon, warrant,
proclamation of arrest, bail bond etc.
Contents of
CrPC
repealed sections are — 206 to 220, 251 to 259, 2, 3, 23, 24, 26, 27, 29-A, 30, 34, 34-A, 111, 138, 139, 141, 184,
194, 197-A, 205-A, 205-B, 226, 246, 262, 370, 411, 411-A, 416, 432 to 434, 437, 443 to 463, 472, 477 to 479,
491-A, 497-A, 526-A, 527, 532, 534, 536, 542, 553, 562 to 564.

The CrPC extends to other proceedings of Criminal or Quasi-Criminal nature. The
objects and application of the Code of Criminal Procedure are as following:
 To ensure that an accused person gets a full and fair trial along certain well
established and well under stood lines that accord with notions of natural
justice.
 Where an accused is tried by a Court, the court must be a competent court
under the law vested with jurisdiction to try such cases.
 The accused must be told and made to understand the nature of the offence of
which he is being tried
 His plea must be recorded.
 He is provided with full and fair opportunity to defend himself against the
charge; it is substantial compliance of the outward form of law. Where the
accused alleges and shows substantial prejudice caused to him the
compliance of law is not substantial.
 In the former case, if there is an error or omission in the trial it is called a
curable irregularity which does not vitiate the trial.
 In the latter case, where prejudice is caused to the accused and it is a
substantial prejudice, such error, omission or mistake in trial is called
OBJECTS OF THE CRPC, 1898

Feel free to ask questions at the end
of our presentation!

I am Mahmudur
Rahman
and bearing ID is 18123105
Regular Trail in the magistrate court
 Discharged of the accused before the
framing of the charge
 Framing of the charge
 Plea & Conviction
 Hearing/Taking evidence
 Acquittal & Sentence
Summary Trail in the magistrate court
 Magistrate who can try summarily
 Where summary trail not possible
 Procedure in summary trail
 Limitation of imprisonment in summary
trail
 Distinction between summary trail &
Regular trail
Chapter XX, Section 241A, 242, 243, 537,
245(1),
Chapter XXII, Section 260, 33A, 262

Regular Trial in the Magistrate Court
The procedure of Regular trial in the Magistrate court is
enunciated in chapter XX of the CrPC, 1898.
Discharged of the Accused before the
Framing of the Charge
Before framing of the charge the Magistrate has power to
discharge the accused if he becomes satisfied, after
 considering the record of the case;
 examining the documents submitted
with it; and
 hearing the prosecution and the
accused.
241
A

DLR 533-H.M. Ershad vs. The State
The Court has jurisdiction to pass an
order of discharge if it was satisfied
that the charge was groundless for
which it was to give reasons but if it
framed charge it was not required
of the court to record reasons.

Framing of the Charge
The Magistrate before taking any evidence but considering the
provision of section 242 CrPC shall frame charge. The framing of
charge needs the following conditions namely,
• the existence of a prima facie case on the basis of materials
before the court;
• the offence being triable under Chapter XX of the CrPC;
the Magistrate’s competency to try; and
• the Magistrate’s power to inflict adequate punishment.
45 DLR 722-Shariful Islam
vs. Billal Hossain
The trail court has a wide power to frame
charges and this cannot be interfered with by
Revisional Court by way of giving direction for
altering a charge or framing charge (Ref: 13
BLD 392).

After the framing of the charge the
Magistrate shall ask the accused whether
he admits his guilt or not. And if the
accused admit his guilt the Magistrate
may convict him according to law.
He alleged admission of guilt was not
recorded as nearly as possible in the words
used by the accused. Section 243 CrPC is
mandatory, the violation of which causes
prejudice to the accused and is not curable
under section 537 CrPC. [Ref: 3 BLT (HC) 110]

Here under this provision it is merely
said that the Magistrate shall hear the
complainant. It does not say that the
complainant is to be examined.
Magistrate is competent to abandon
subsequently a defense witness who
though considered by him to be
unnecessary, was nevertheless
summoned.

Acquittal & Sentence
Acquittal is ordered by
the Magistrate when the
Magistrate does not find
any guilt against the
accused. But it is not
open to the Magistrate to
refuse to examine the
witnesses produced by
the complainant and the
acquittal of the accused,
without recording any
evidence is clearly illegal.
49 DLR 36 (AD)-
Mobarak Ali
and Others vs.
Mobaswir Ali
and Others
The prosecution
having not taken any
steps the learned
Magistrate rightly
acquitted the
respondents under
section 245(1) of the
Code of Criminal
Procedure.

Chapter XXII of the CrPC, 1898 enunciated the provisions regarding
to summary trial.
Magistrate Who Can Try Summarily
 the Metropolitan Magistrate;
 any Magistrate of the first class; and
 any Bench of Magistrates invested with the powers of a
Magistrate of the first class (Sec 260).
Where Summary Trial not Possible
According to the provision of chapter XXII of the CrPC, 1898, cases in
which a Magistrate exercises the special powers conferred by section
33A cannot be tried in a summary way.

Procedure in Summary Trial
Section 262
simplify and shorten trial procedure
by dispensing with the recording of
evidence and not allowing many
adjournments.
summary trial of offences where no
appeal lies the Magistrate need not
have to record the evidence of the
witnesses or frame a formal charge.
Limitation of Imprisonment in Summary
Trial
According to the
provision of this
chapter, the limitation
of imprisonment shall
not exceed 2 years.

Distinctions between Regular Trial & Summary Trial
Regular Trail Subject Matter Summary Trail
A trial is the examination of a case,
civil or criminal, before a judge or
Magistrate who has jurisdiction over it.
As to definition Summary trial means short trials
avoiding the regular lengthy procedure.
Regular trial is complex. As to simplicity Summary trial is simple
Regular trial is full-fledged. As to the length of
the procedure
Summary trial is short.
In regular trial recording of evidence of
the witnesses is must, whether appeal
lies or not.
As to the record of
evidence where no
appeal lies
In summary trial in case where no
appeal lies, the Magistrate or Bench of
Magistrate need not record the
evidence of the witness.

Hello!
I am Anupom Sarker

Contents:
Time for Disposal of Cases
Chapter XXIV…………
In case of Trial before Court of Magistrate
In case of Trial before Court of Session
Case Study
Chapter XXXI …………….Appeal
Appeal is not an Inherent Right & it is called Cre
Case Study
Basics of Appeal
Special Right of Appeal
Provision of Second Appeal
No Appeal in Petty Cases
Appeal in Case of Acquittal
Limitations of Appeal against Ac

Time for Disposal of Cases
The provision as regard to the time of disposal of time is
enunciated in Chapter XXIV of the CrPC, 1898.
According to the chapter the time for disposal of case is,
 In case of Trial before Court of Magistrate:
A criminal case in the Court of Magistrate shall be concluded within 180 days
from the date on which the case is received by the Magistrate for trial.
[Sec. 139C (1)]
 In case of Trial before Court of Session:
A criminal case conducted before the Session Court by the,
shall be concluded within 360 days from the date on which the case is received
by mentioned Judges for trial. [Sec. 139C (2)]
1 Session Judge
2 Additional Session Judge
3 Assistant Session Judge

“
 It shall be noted that, transfer of case does not expand the
time of disposal of case.
 If a trial cannot be concluded within the time specified under
these provisions, the accused if charged under a non-bail able
offence may be released on bail, to the satisfaction of the court.
Master Giasuddin and others vs. The State:
It required the trial Court to conclude trial
within the statutory period from the date the case
was received by it and not from the date of
framing of the charge. [2 BLC (AD) 87]
Case
Study

Appeal
The word “appeal” means the right of carrying a particular
case from an inferior to a superior court with a view to
ascertaining whether the judgment is sustainable.
 An appeal is a continuation of the trial of the lower court.
(Sec. 439 (5))
 In law, an appeal is a process for requesting a formal
change to an official decision.
Appeal is not an Inherent Right & it is called Creature of
Law:
Appeal cannot lie from any judgment unless the right of appeal is
ensured by the Code. On the other hand the right of appeal is created
by the state so it is not an inherent right. That is why it is called that
appeal is a creature of law.
Provisions of appeal in Chapter XXXI of the CrPC,1898.

The Courts where Appeal Lies:
Appeal as a creature of law does not lie in every court. The
Code has enunciated the procedure as regard to which court appeal
shall lie. Appeal lies to which court is postulated as under,
 Under section 89, Appeal against an order rejecting for the
delivery of property will lie to the sentence of the former court.
 Under section 122, Appeal against an order refusing to accept or
rejecting a surety if made by the -
Chief Metropolitan Magistrate; Chief
Judicial Magistrate ;
District Magistrate ; Metropolitan
Magistrate other than CMM.

The Code recognizes the special right of appeal on behalf of
an accused person against whom a non appealable sentence
is passed in trial. The only condition is that, more than one
person must be convicted in one trial.
[Sec. 127]
Special Right of
Appeal:
Unlike the Civil appeal, there is no provision of second appeal or
leave to appeal in criminal appeal except two cases:
1. Appeal in case of acquittal;
2. Appeal against inadequacy of sentence.
But, the only condition is that, the appeal must be filed by the
Government. That means, only the Government can file a
petition of second appeal in any criminal case.
Provision of Second
Appeal :

The provision of this Code also takes away the right of appeal
in certain petty cases.
 in case where, a Court of Session passes a sentence of
imprisonment exceeding one month; or
 in case where,
 Court of Session;
 Chief Judicial Magistrate;
 Metropolitan Magistrate;
 other Magistrate of the first class
passes a sentence of fine not exceeding fifty taka only!
No Appeal in Petty Cases:

In case where the accused has been acquitted, the Government or
the complainant can file an appeal against such order of acquittal.
 The Government may direct the public prosecutor to present an
appeal,
To the High Court Division or Court of Sessions —an original
order of acquittal—passed by any Court of Sessions or Magistrate.
 The complainant may present an appeal,
To the High Court Division or Court of Sessions —an original
order of acquittal—passed by any Court of Sessions or Magistrate.
Appeal in Case of Acquittal:

Limitations of Appeal against Acquittal:
There are certain limitation as regard to the appeal against
acquittal.
These are following:
►According to Act 157 of the Limitation Act, The period for filling
an appeal by the Government under this Code is six months
► Under the provision of the Code, The period of limitation of file
an appeal by a complainant is sixty days .

S. M. K. Alvi vs. The Crown -
Appeal by Government under Chapter XXXI
against acquittal by a Special Judge acting under
Criminal Law Amendment Act, 1948 is competent.
Special Judge Court is a “Criminal Court” according to
Section 404 of CrPC. (5 DLR 161 (FC))
Case
Study

z
I am MD. Riadul Hassan

z
Outline :
1. Powers of Appeal Court
2. Procedures of Appeal
3. Times for Disposal of Appeal
4. Conditions of Criminal Revisions
5. High Courts Division’s Powers of Revision
6. Distinction Between Appeal and Revision
Chapter xxxi – 419,420,421,422,423,429,430,431
Chapter xxxii – 439 & Chapter xxxii A – 442

z
Powers Of The Appeal Court
In act 423 of The Code of Criminal Procedure,
1898 enunciated about the powers of appeal
court . The powers of appeal court are:
1. Power of the dismissal
2. Power in an appeal from order of appeal
3. Power in an appeal from conviction
4. Power in an appeal for enhancement of
sentence
5. Power in an appeal for any other order

z
Procedures of Appeal (continued…)
From act 419 to 431 in the chapter xxxi of The Code of
Criminal Procedure 1898 enunciated about the procedures
of appeal . The procedures of appeal are:
 Petition Of Appeal
Procedures where appellant is in jail
Summary of dismissal appeal
Notice of appeal
Powers of the appellate court is disposing of
appeal

z
Others procedures as regard to
appeal
Procedures where judges of
court of appeal are equality
divided
Finality of orders an appeal
Abatement of appeal
Procedures of Appeal

z
Times for Disposal of Appeal
According to act no 442 of The
Code of Criminal Procedure,
1898 :
An Appellate Court shall dispose
of an appeal filed before it
within ninety days from the date
of service of notice upon
respondents.

z
Conditions Of Criminal Revisions
Were an appeal lies but no appeal is brought, no
proceedings by way of revision shall entertained.
The decision against which revision is sought must
be of an inferior criminal court
 Application for revision may be made either in the
Sessions Court or in the High Court Division.
 A court having power of revision shall dispose of a
proceeding in revision within ninety days from the date of
service of notice upon the parties.

z
High Court Division’s Powers of Revision
Act no 439 of The Code of Criminal Procedure, 1898 has
enunciated that, the High Court Division shall have power to
dispose an application of revision.
 Source of Revisional Power of the High Court Division &
Sessions Court:
the case has been called for by the High Court Division;
or on the application by the parties;
or the case has come to its knowledge by any other
sources.

z
Distinction between Appeal and Revision:
Appeal
1.It means an application or
petition filed to the superior court
against the judgment passed by
subordinate court
2. Section 404 to section 431
3.It can be claimed as a matter of
right.
4.There is only a procedure
involved in appeal
Revision
1.It means to revise a judgment
or order passed by any
subordinate court
2.Section 439 to 439A
3.It is a discretionary power of
the superior court
4. There are two procedures
involved in case of revision

I am Mustafizur Rahman Shetu
Hello!

The Code of Criminal
Procedure, 1898
Chapter XXXIX ' BAIL'

Contents
Chapter XXXIX OF BAIL
* Purposes of Bail
* Categories of Bail
* Conditions for Granting Bail
Inherent Power of the High
Court
* Principle of Inherent power
* the inherent power of the
High Court
* Distinction between Civil and
Criminal Inherent Power

Concept of Bail
The idea of bail comes from the
conflict between the police power and
restricting the liberty of an alleged
man to have committed a crime and
the presumption of innocence in his
favour.
Purpose:
*to prevent repetition of offence
the with which he is charged
* to secure his attendance at the
trial.

Categories of bail
* Bail during inquiry and
investigation
* Bail after investigation but
before conviction.
* Bail after conviction
* Bail in bailable offence
* Bail in non-bailable offence

Conditions for granting
the Bail:
* to appear at all times
required until full and final
disposition of the case
* to obey all further orders of
the bail authority
* not to interfere with the
witness or other activities of
the course of justice in
relation this case
* to refrain from committing
any further criminal conduct
against the victim

Grounds for
Refusal of bail:
* When the person is
arrested and charged
with murder
* If the accused person
punished with long
term imprisonment
should not release by
bail
* If the court consider
that there are many
reasons to believe that
the accused is guilty

Supplementary Provisions
In what cases the bail to be
taken
496. When any person other
than a person accused of a
non-bailable offence is arrested
without warrant by an officer
in charge of a police station ,
and is prepared at any time
while in the custody of such
officer , such person shall be
released on bail Discharge off sureties
502. All or any sureties for
the attendance and
appearance of a person
released on bail may at any
time apply to a Magistrate
to discharge the bond,
either wholly or so far as
relates to the applicants.

Inherent Power of the High Court
Inherent jurisdiction is a doctrine of English
common law that a Superior Court has the
jurisdiction to hear any matter that comes
before it unless the statute or rule limits the
authority or grants exclusive jurisdiction to
some other court or tribunal.
The inherent jurisdiction is also given to the
High Court Division of ours, in the Code of
Criminal Procedure, 1898. The provision of the
Code does not give any new power to the court.

“
”
Principle of Inherent Power
There are certain principles regarding
the use of inherent power of the High
Court Divisions under the code.
• The power is not be resorted to if there
is a specific provision in the Code for the
redress of the grievance of the aggrieved
party.
It should be used very sparingly,
carefully and with caution and in rare
cases to prevent abuse of the process of
any court or otherwise to secure the
ends of justice.
• It should not exercise as against the
express bit of law engrafted in any other
provision of the Code

i
Instances of use of Inherent power of court
• quashing of long-drawn proceeding
• quashing of charge
• quashing of proceeding in police
investigation

Please let us know if you have any questions
T H A N K Y O U

Code_of_Criminal_Procedure_CRPC_1898.pptx

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