Law and You > Procedural Laws > CrPC > History, Amendments, and Scheme of CrPC
The Code of Criminal Procedure (CrPC) is mainly an adjective law of Procedure. The purpose of the code is to provide machinery for prosecution, trial, and punishment of offenders under substantive criminal law. i.e., the Indian Penal Code and other laws passed by the State from time to time. The substantive law defines the rights, duties, and liabilities of the persons. The rules of procedure as provided by the Code of Criminal Procedure are meant to regulate the procedure to be followed in every investigation, inquiry, and trial, for every offence under the IPC or any other law in the court. In this article, we shall study the history and the scheme of the code and we shall study The CrPC (Amendment) Act, 2005 and 2006 by which measure amendments to CrPC are done.
History of the Criminal Procedure Code:
British introduced the English Legal System and Court System in India bit by bit. Earlier there was no uniform law of criminal procedure. For the first time, the Criminal Procedure Supreme Courts Act, 1852 was made applicable in the Presidency Towns. Later Criminal Procedure Code, 1861 was enacted for provinces. These Acts were repealed by a uniform law The Criminal Procedure Code, 1882 (Act 10 of 1882). Some defects were observed in the 1882 Act, hence the Code of Criminal Procedure, 1898 (Act 5 of 1898) was enacted. The Act was amended in 1923 and 1955. The Constitution of India came into force with effect from 26th January 1950. There was a requirement to change the 1882 Act in light of the Constitution of India. 1882 code was repealed by the Code of 1973 enacted by Parliament on 25th January 1974 and made effective from 1-04-1974 so as to consolidate and amend the law relating to Criminal Procedure (hereinafter known as the CrPC).
Amendments in the Code:
| Sr. No. | Amendment | w.e.f. |
| 1 | The CrPC (Amendment) Act, 1978 (45 of 1978) | 18-12-1978 |
| 2 | The CrPC (Amendment) Act, 1988 (32 of 1988) | 25-5-1988 |
| 3 | The CrPC (Amendment) Act, 1993 (40 of 1993) | |
| 4 | The CrPC (Amendment) Act, 2001 (50 of 2001) | 24-9-2001 |
| 5 | The CrPC (Amendment) Act, 2005 (25 of 2005) | 23-6-2006 |
| 6 | The CrPC (Amendment) Act, 2005 (2 of 2006) | 23-6-2006 |
| 7 | The CrPC (Amendment) Act, 2006 (23 of 2006) | 23-6-2006 |
Amendments:
Section 198-A: Prosecution of offences under section 498A of the Indian Penal Code: This Section was inserted by CrPC (Amendment) Act, 1983 (46 of 1983), with effect from 25-12-1983.
Chapter VII A (Ss. 105 A to 105 L): This chapter was inserted by CrPC (Amendment) Act, 1988 (32 of 1988) with effect from 25-5-1988. This chapter deals with reciprocal arrangements for assistance in certain matters and procedure for attachment and forfeiture of property.
Section 446-A: Cancellation of bond and bail bond: This Section was inserted by CrPC (Amendment) Act, 1983 (63 of 1980), with effect from 23-9-1980.
Some states in India have State amendments to the Code, applicable only to those states only.
2005 and 2006 Amendments:
2005 and 2006 amendments were the major amendments.
- Section 50-A: Obligation of person making arrest to inform about the arrest, etc., to a nominated person: This Section was inserted by CrPC (Amendment) Act, 2005 (25 of 2005), with effect from 23-6-2006.
- Section 53-A: Examination of person accused of rape by medical practitioner: This Section was inserted by CrPC (Amendment) Act, 2005 (25 of 2005), with effect from 23-6-2006.
- Section 54-A: Identification of person arrested: This Section was inserted by CrPC (Amendment) Act, 2005 (25 of 2005), with effect from 23-6-2006. Two provisos attached to this Section were inserted by CrPC (Amendment) Act, 2013 (13 of 2013), with effect from 3-2-2013.
- Search without Warrant: Certain changes have been made by the CrPC (Amendment) Act, 2005 (25 0f 2005). With effective from 23-6-2006; which are: (i) Custody of seizure property to any person for the time being before submission to the Magistrate; (ii) the provisions relating to property subject to speedy and natural decay.
- Section 144-A: Power to issue order in urgent cases of nuisance of apprehended danger: This Section was inserted by CrPC (Amendment) Act, 2005 (25 of 2005), with effect from 23-6-2006.
- Section 164-A: Medical examination of the victim of rape: This Section was inserted by CrPC (Amendment) Act, 2005 (25 of 2005), with effect from 23-6-2006.
- Section 166-A and 166 –B: These Sections relating to investigation in a country or place outside India were inserted by CrPC (Amendment) Act, 2005 (25 of 2005), with effect from 23-6-2006.
- Plea of Bargaining: A new chapter XXIA (Plea of bargaining) containing Sections 265-A to 265-L was inserted by CrPC (Amendment) Act, 2005 (2 of 2006), with effect from 5-7-2006.
- Section 291-A: Identification report of Magistrate: This Section was inserted by CrPC (Amendment) Act, 2005 (25 of 2005), with effect from 23-6-2006.
- Section 311-A: Power of Magistrate to order person to give specimen signatures or handwriting: This Section was inserted by CrPC (Amendment) Act, 2005 (25 of 2005), with effect from 23-6-2006.
- Section 436-A: Maximum period for which an under trial prisoner can be detained: This Section was inserted by CrPC (Amendment) Act, 2005 (25 of 2005), with effect from 23-6-2006.
Scheme of the Code:
There are 37 chapters and 484 Sections in the Code.
| Chapter No. | Chapter Name | Sections |
| I | Preliminary | Ss. 1 to 5 |
| II | Constitution of Criminal Courts and Offices | Ss. 6 to 25 |
| III | Power of Courts | Ss. 26 to 35 |
| IV A | Powers of Superior Officers of Police | S. 36 |
| IVB | Aid to the Magistrate and the Police | Ss. 37 to 40 |
| V | Arrest of Persons | Ss. 41 to 60-A |
| VI | Processes to Compel Appearance | Ss. 61 to 90 |
| A) Summons | Ss. 61 to 69 | |
| B) Warrant of Arrest | Ss. 70 to 81 | |
| C) Proclamation and Attachment | Ss. 82 to 86 | |
| D) Other Rules Regarding Processes | Ss. 87 to 90 | |
| VII | Processes to Compel the Production of Things | Ss. 91 to 105 |
| A) Summons Procedure | Ss. 91 and 92 | |
| B) Search Warrants | Ss. 93 to 98 | |
| C) General Provisions Related to Searches | Ss. 99 to 101 | |
| D) Miscellaneous | Ss. 102 to 105 | |
| VIIA | Reciprocal arrangement for Assistance in Certain Matters and Procedure for Attachment and Forfeiture of Property | Ss. 105-A to 105-L |
| VIII | Security for Keeping the Peace and for Good Behaviour | Ss. 106 to 124 |
| IX | Order for Maintenance of Wives, Children, and Parents | Ss. 125 to 128 |
| X | Maintenance of Public Order and Tranquillity | Ss. 129 to 144-A |
| A) Unlawful Assembly | Ss. 129 to 132 | |
| B) Public Nuisances | Ss. 133 to 143 | |
| C) Urgent cases of nuisance and Apprehended Danger | Ss. 144 and 144-A | |
| D) Disputes as to Immovable Property | Ss. 145 to 153 | |
| XI | Preventive Action of the Police | Ss. 149 to 153 |
| XII | Information to the Police and Their Powers to Investigate | Ss. 154 to 176 |
| XIII | Jurisdiction of the Criminal Courts in Inquiries and Trials | Ss.177 to 189 |
| XIV | Conditions Requisite for Initiation of Proceeding | Ss. 190 to 199 |
| XV | Complaints to Magistrates | Ss. 200 to 203 |
| XVI | Commencement of Proceedings Before Magistrates | Ss. 204 to 210 |
| XVII | The Charge | Ss. 211 to 224 |
| A) Form of Charges | Ss. 211 to 217 | |
| B) Joinder of Charges | Ss. 218 to 224 | |
| XVIII | Trial Before a Court of Session | Ss. 225 to 237 |
| XIX | Trial of Warrant-Cases by Magistrates | Ss. 238 to 250 |
| A) Cases Instituted on a Police Report | Ss. 238 to 243 | |
| B) Cases Instituted Otherwise than on Police Report | Ss. 244 to 247 | |
| C) Conclusion of Trial | Ss. 248 to 250 | |
| XX | Trial of Summons-Cases by Magistrates | S. 251 to 259 |
| XXI | Summary Trials | Ss. 260 to 265 |
| XXIA | Plea Bargaining | Ss. 265-A to 265-L |
| XXII | Attendance of Persons Confined or Detained in Prisons | Ss. 266 to 271 |
| XXIII | Evidence in Inquiries and Trials | Ss. 272 to 299 |
| A) Mode of Taking and Recording Evidence | Ss. 272 to 283 | |
| B) Commissions for the Examination of witness | Ss. 284 to 299 | |
| XXIV | General Provisions as to Enquiries and Trials | Ss. 300 to 327 |
| XXV | Provisions as to Accused Persons of Unsound Mind | Ss. 328 to 339 |
| XXVI | Provisions as to Offences Affecting the Administration of Justice | Ss. 340 to 352 |
| XXVII | The Judgment | Ss. 353 to 365 |
| XXVIII | Submission of Death Sentences for Confirmation | Ss. 366 to 371 |
| XXIX | Appeals | Ss. 372 to 394 |
| XXX | Reference and Revision | Ss. 395 to 405 |
| XXXI | Transfer of Criminal Cases | Ss. 406 to 412 |
| XXXII | Execution, Suspension, Remission and Commutation of Sentences | Ss. 413 to 435 |
| A) Death Sentences | Ss. 413 to 416 | |
| B) mprisonment | Ss. 417 to 420 | |
| C) Levy of Fine | Ss. 421 to 424 | |
| D) General Provisions Regarding Execution | Ss. 425 to 431 | |
| E) Suspension, Remission, and Commutation of Sentences | Ss. 432 to 435 | |
| XXXIII | Provisions as to Bail And Bonds | Ss. 436 to 450 |
| XXXIV | Disposal of Property | Ss. 451 to 459 |
| XXXV | Irregular Proceedings | Ss. 460 to 466 |
| XXXVI | Limitation for Taking Cognizance of Certain Offences | Ss. 467 to 473 |
| XXXVII | Miscellaneous | Ss. 474 to 484 |
There are two schedules. The First Schedule contains a classification of offences and the Second Schedule contains various forms required to be used in the procedure of criminal courts.
Conclusion:
The Code of Criminal Procedure (CrPC) is mainly an adjective law of Procedure. The purpose of the code is to provide machinery for prosecution, trial, and punishment of offenders under substantive criminal law. i.e., the Indian Penal Code and other laws passed by the State from time to time. British introduced the English Legal System and Court System in India bit by bit. Earlier there was no uniform law of criminal procedure. Presently in India the Criminal Procedure Code, 1973 is used as the law of procedures. The Code of Criminal Procedure has 37 chapters and 484 Sections.