History, Extent, Nature and Scope of IPC, CrPC, and Evidence Act. Please comment if you have any questions or Suggestions.

1. -ANKIT KR PANDEY
M S W, S E M E S T E R - 4 T H
M G C U , B I H A R

2. Criminal Law
 Prof. Salmond defined law as-
“ The body of principles recognized and applied by the
State in the administration of justice”.
 Law consists of rules recognized and acted on by the
courts of justice.
 Law is the means where as justice is the end.
 Law is an instrument of social progress and social
control,
 It is a “social engineering” to make a balance
between individual wants and social interest.

3. Conti…
 The highest law in India is the Constitution of India.
 No other law is above it.
 If any law has a provision against the Constitution, it
is ultra-vires and not binding.

4. Kinds of Law
Criminal law
Substantive Procedural

5. Indian Penal Code (1860)
 The IPC is the main criminal code of India. It
extends to the whole of India except to the state of
Jammu and Kashmir.
 It has 23 chapters and 511 Sections .
 It covers any Indian citizen or a Person of Indian
origin.

6. Extension of the code(sec-4)
 The provisions of this code apply also to any offence
committed by:
1. Any citizen of India in any place without and
beyond India.
2. Any person on any ship or aircraft registered in
India where ever it may be.
3. Any person in any place without and beyond India
committing offence targeting a computer resource
located in India.

7. History
 The draft of the IPC was prepared by the first law
commission, chaired by Thomas Babington
Macaulay in 1835 and was submitted to Governor-
General of India council in 1837,but the draft was
again revised.
 The drafting was completed in 1850 and the code
was presented to the legislative council in 1856.
 Following the Indian rebellion of 1857, then
underwent a very careful revisions. It was passed
into law on 6 October 1860.

8. Conti…
 It came into force in British India during the early
British Raj period in 1862.
 However it did not apply automatically in the
princely states, which had their own courts and legal
systems until the 1940s.
 The code has since been amended several times and
is now supplemented by other criminal provisions.

9. Stages:
 Thought/Idea
 Preparation
 Attempt
 Completion

10. Some Important Sections:
 121- Waging or attempting to wage war, or abetting waging of
war against the Government of India.
 144- Unlawful assembly armed with deadly weapon.
 300- Murder.
 420- If any organization or individual is dishonest with you and in
anyway produces or delivers false or fake products or property to
one (Cheating Case) then he or she shall be liable for a punishment
of imprisonment up to 7 years or liable to pay fine.
 376- punishment for Rape.
 498A- Dowry .
 82 -83 -A child who commits a crime and is below the age of seven
is not considered to have committed a crime.

11. Code Of Criminal Procedures(CrPC)
 The CrPC is the main legislation on procedure for
administration of substantive criminal law in India.
 It was enacted in 1973 and came into force on 1 April
1974.
 It provides 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.

12. Conti…
 At present, the act contains 484 Sections, 2
Schedules and 56 forms. The Section are divided into
37 Chapters.

13. Classification of Offences:
 Under the Criminal Procedure Code, offences can be
classified on the basis of the following three
criterions;
1. Cognizable and Non cognizable offences
2. Bailable and Non-Bailable offences
3. Offences which will invoke a summons case and
Offences which will invoke a warrants case.

14. Investigation
 F.I.R- Information of the commission of cognizable
offence given to the officer-in-charge of the police
station having jurisdiction to investigate the offence.
 Officer-in-charge of the police station conducts
investigation.
 Files police report or charge sheet along with
statements recorded and evidence collected before
the Magistrate having jurisdiction to try the case.

15. Conti…
 If no enough material is found to file a charge sheet
against the accused, the officer has to send a report
to that effect to the Magistrate and release the
accused on bail.
 Information regarding non-cognizable offence, when
given has to be entered in the station diary and
informant referred to the Magistrate.
 Police officer has to maintain a case diary to record
the progress of the case investigated by him on day
to-day basis.

16. Conti…
 If the police officer refuses to register a case,
information can be sent to the Superintendent of
Police in writing by post.
 Information regarding the commission of an offence
may be given in the form of a complaint to the
Magistrate, having jurisdiction to try the case.

17. Bail
 Bail – Security for appearance before the court for
trial or examination when required.
 Bail mandatory in bail able offences.
 Bail mandatory in non bail able offences-
 When investigation is not completed within the
stipulated period.
 When trial is not completed within the stipulated
period.
 After trial, no ground to hold him guilty.

18. Conti…
 Bail – Discretionary in the other cases.
 Factors to be taken into consideration:
– Gravity of the charge
– Nature of evidence against accusation
– Danger of evidence being tampered
– Likelihood of accused fleeing from justice
– Opportunity to prepare defence
– Health, age and sex of the accused.

19. Anticipatory Bail
 Anticipatory bail Person having reason to believe
that he may be arrested for a non-bailable offence
may apply to the High Court or Sessions court for
anticipatory bail.
 Factors to be taken into consideration:
– Antecedents of the applicant, nature and gravity of
accusation, possibility of fleeing from justice,
whether accusation is made to humiliate the
applicant.

20. Indian Evidence Act, 1872
 The Indian Evidence Act,originally passed
in India by the Imperial Legislative Council in 1872,
during the British Raj, contains a set of rules and
allied issues governing admissibility of evidence in
the Indian courts of law.
 The law is mainly based upon the firm work by
Sir James Fitzjames Stephen.
 the Indian Evidence Act, 1872, has eleven chapters
and 167 sections, and came into force 1 September
1872.

21. Conti…
 It extends to the whole of India except the State of
J&K.
 It applies to all judicial proceedings in or before any
Court, including Court-martial.
 But not to affidavits presented to any Court or officer
and not to proceedings before an arbitrator.

22. Interpretation Clause(Sec-3)
 Court :- includes all Judges and Magistrates and all
other persons except arbitrators, legally authorised
to take evidence.
 Fact :- means and includes
(a) Anything, state of things, or relation of things,
capable of being perceived by senses, (e.g-LPG
leakage).
(b) Any mental condition of which any person is
conscious, (e.g. Mr. A’s headache starts in hunger)
Example:- That, certain objects arranged in a certain
order in a certain place, is a fact

23. Conti…
 "Document” :- means any matter expressed or
described upon any substance by means of letters,
figures/marks, or by more than one of those means,
intended to be used, or which may be used, for
recording that matter. E.g.
- A writing is a document: Words printed,
lithographed or photographed are documents:
- A map or plan is a document;
- An inscription on metal plate/stone is a doc

24. Conti…
 Evidence:- means and includes:
(1) All oral evidences such as statements, narration,
showing mark of injury/tampering etc.
(2) All documents including electronic records
produced for the inspection of the Court are called
documentary evidence.
(3) In case of oral or documentary evidence,
documents contained in electronic form is also
tenable by the court.

25. Oral Evidence:
 Sec.59-Proof of facts by oral evidence.
 All facts, except the contents of documents, may be
proved by oral evidence.
 Sec.60- Oral evidence must be direct:
- if it refers to a fact which could be seen, it must be the
evidence of a witness who says he saw it;
- if it refers to a fact which could be heard, it must be the
evidence of a witness who says he heard it;
- if it refers to a fact which could be perceived by any other
sense or in any other manner, it must be the evidence of
a witness who says he perceived it by that sense or in that
manner