This document provides an introduction to civil and criminal procedure codes in India. It discusses the Civil Procedure Code of 1908, which regulates the functioning of civil courts, and the Criminal Procedure Code of 1974, which provides the framework for investigation and prosecution of crimes. The document outlines the key aspects and processes defined in each code, including filing cases, court hierarchy and jurisdiction, rights of parties, investigation process for criminal cases, and sentencing guidelines. It also gives examples of recent civil cases related to the construction sector that involved summons, warrants, notices, and injunction orders.

1. INTRODUCTION TO CIVIL
AND CRIMINAL PROCEDURE
CODE
ABIN BABU ,
AJAS SUNIL ,
ANAND PREMNATH ,
VANAMA PHANINDRA ,
PRASANTH K

2. Civil Procedure Code, 1908
(amendment in 2002)
Criminal Procedure Code, 1973
(multiple amendments)

3. Civil procedure code
Citation Act no 5 of 1908
Enacted by Imperial legislative council
Date enacted 21st march 1908
Date commenced 1st january 1909
Criminal procedure code
Citation Act no 2 of 1974
Territorial Extent India expect J& K
Date assented to 25th January 1974
Date commenced 1st April 1974

4. CIVIL PROCEDURE CODE
 An act to consolidate and amend the laws relating to the procedure of the courts
of civil judicature
 The Civil Procedure Code (C.P.C.) regulate the functioning of Civil courts.
 It lays down the:
- Procedure of filing the civil case.
- Powers of court to pass various orders.
- Court fees and stamps involved in filing of case.
- Rights of the parties to case (plaintiff & defendant)
- Jurisdiction & parameters of civil courts functioning.
- Specific rules for proceedings of a case.
- Right of Appeals, review or reference.

5. PROCESS FLOW OF CIVIL SUITE IN INDIA
Plaint drafting
Plaint filling and court
fees remittance
Getting process served to
defendants
Initial hearing
Filing of written statement
by the defendants
Framing of issues by the court
Posting suit for evidence
Filing documents & leading
evidence
Evidence by defendants
Posting of final arguments
Judgement

6. CRIMINAL PROCEDURE CODE
 Laws on Criminal Procedure
 Criminal Procedure Code 1973
 Indian Penal Code 1872
 Indian Evidence Act 1872
 Classes of Criminal Courts
 Judicial First Class Magistrate’s – 3 years /
fine 10000/-
 Chief Judicial Magistrate’s – any sentence
except death, life or exceeding 7 years
 Court of Sessions : Any sentence but
confirmation of HC in death penalty
 HC : any sentence
 SC : any sentence
 Executive Magistrate’s
It provides the machinery for the
investigation of crime, apprehension of
suspected criminals, collection of evidence,
determination of guilt or innocence of the
accused person and the determination of
punishment of the guilty. Additionally, it also
deals with public nuisance, prevention of
offences and maintenance of wife, child and
parents

7.  FIR
 Arrest
 Case dairy
 Investigation vs inquiry
 Bail application
 Police report
 Hearing of charge sheet
 Framing of charge

8. JUDGMENT
 Ends in acquittal or conviction of the accused
 Not to pass conviction & sentence on the same day
The factors to be considered are :-
 Adequacy of sentence
 Nature of offence
 The circumstances of crime
 The age and character of the offender
 Injury to the accused
 Reformation of the offender
 The judgment to be not severe or lenient

9. CONSTRUCTION SECTOR CASES
Summons Illegal buildings on Wakf
land: Corporation official
summoned
(CHENNAI, NOV 2016)
Warrant Warrant for supertech
owners (DELHI ,DEC 2016)
Notice No land transaction or
construction in
Tughlaqabad Fort area
(DELHI , FEB 2017)
Prohibitory injunction/stay
order
HC stops construction at
illegal cremation ground
(DELHI,MARCH 2017)
Section 187 of IPC, which pertains to failure to
assist a public servant. Other charges include
Section 15 of Environment Protection Act
1986, raising allegations of destruction of
mangroves, as well as Section 52 of the
Maharashtra Regional and Town Planning Act
for changing land use

10. THE GOA STATE VS FOMENTO RESORTS AND HOTELS LTD
 illegal floors and encroachment (violation of order No. PDA/T/7471/118/92 )
 Demolition order as per costal zone regulation violation in 1992
 In 2002 , reclassification of coastal zone has occurred (3 to 2)
 ’’any new construction proposed on the landward side of existing authorised structures can be
permitted in accordance to the prevailing (local) Town & Country Planning Regulations. The
resort building in question where the construction work was suspended, following the Order
dated 22nd January, 1992 of the Hon'ble High Court of Bombay in Writ Petition No. 24 of 1992,
is located on the landward side of existing authorised structures. Any proposal for construction
works that are permissible in CRZ-II should be submitted for prior approval of the GCZMA.’’
We, accordingly, direct the respondents No. 1 and 2 to make an
application with proposal for construction work permissible under
CRZ-II to the GCZMA for such permission

11. THANK YOU