INDIAN PENAL CODE, 1860:-
India’s official criminal code is the Indian Penal Code (IPC). It is a comprehensive code that aims to cover all aspect of criminal law. The code was developed based on the suggestions of India’s first law commission, which was constituted in 1834 under the Charter Act of 1833 and led by Lord Thomas Babington Macaulay.
- It went into effect in British India in 1862, during the early years of the British Raj. However, until the 1940s, it did not automatically apply in the Princely states, which had their own courts and legal systems.
- The Code has been revised several times since then, and it currently includes additional penal sections. The purpose of this Act is to provide India with a general penal code. Despite not being the original goal, the Act does not repeal the penal laws in place in India at the time it was enacted. This was done because the Code does not cover all of the offences, and it was probable that some offences that were not intended to be exempted from legal repercussions were nevertheless left out.
- Despite the fact that this Code consolidates all of the legislation on the issue and is exhaustive in the areas in which it announces the law, many more criminal acts governing specific offences have been enacted in addition to it.
- There are 511 sections in the Indian Penal Code of 1860, which is divided into 23 chapters. The Code begins with an introduction, then goes on to explain the terms and exceptions used throughout, covering a wide range of offences.
THE CODE OF CIVIL PROCEDURE, 1908:–
The Code of Civil Procedure, 1908, is a procedural legislation in India that governs the administration of civil cases. The Legislative Council of India enacted the Code of Civil Procedure, 1858, to provide uniformity to civil procedure, and it obtained the Governor-assent General’s on March 23, 1859. The Code, on the other hand, did not apply to the Presidency Towns Supreme Court or the Presidency Small Cause Courts.
It was replaced by the Code of Civil Procedure Code, 1877, because it failed to meet the challenges. However, it fell short of meeting the deadline, necessitating further revisions. The Code of Civil Procedure of 1882 was enacted in 1882. With the passage of time, it became apparent that flexibility was required for timeliness and efficacy. To address these issues, the Code of Civil Procedure was adopted in 1908. It has endured the test of time despite being altered several times. In the year 2002, the Code of Civil Procedure was significantly revised. The main goal of the amendment to the code was to ensure that civil cases authorised by the Act were resolved quickly.
• Civil procedure code (Amendment) Act, 2015
The Civil Procedure Code (Amendment) Act, 2016 was enacted in response to the establishment of the Commercial Court and its requirements. These rules apply to commercial disputes over a certain amount of money. The act established that the provisions of the Civil Procedure Code as revised by the Act will take precedence over any High Court rules or amendments made by the state government. The Code of Civil Procedure, 1908 was further amended in the year 2018.
The Code is split into two portions: the first has 158 sections, and the second contains the First Schedule, which contains 51 Orders and Rules. The sections cover general concepts of jurisdiction, whereas the Orders and Rules outline the procedures and methods that govern civil proceedings in India.
THE CODE OF CRIMINAL PROCEDURE, 1974:-
The Criminal Procedure Code (CrPC), often known as the Code of Criminal Procedure, is India’s main legislation governing procedure for the administration of substantive criminal law. It was passed in 1973 and took effect on April 1, 1974 . It provides the machinery for criminal investigations, the apprehending of suspected criminals, the gathering of evidence, the determination of the accused’s guilt or innocence, and the imposition of punishment on the guilty. It also addresses public disturbance, crime prevention, and the upkeep of the wife, child, and parents.
1.) Classification of offences under the code :-
• Cognizable and non cognizable case:-
The first schedule of the code defines cognizable offences as those for which a police officer may arrest without a court-ordered warrant. Only after being officially authorised by a warrant can a police officer make an arrest in a non-cognizable case. Non-cognizable offences are generally considered to be less serious than cognizable offences. Cognizable offences are recorded under section 154 of the Criminal Procedure Code , while non-cognizable offences are reported under section 155 of the Criminal Procedure Code . Section 190 Cr.P.C. empowers the Magistrate to take cognizance of non-cognizable offences. The Magistrate has the authority under section 156(3) Cr.P.C. to order the police to register the case, investigate it, and cancel the challan/report.
• Summon and Warrant cases :-
If the matter is a summons case, a Magistrate taking cognizance of an offence is required under Section 204 of the code to issue summons for the accused’s attendance. If the case looks to be one that requires a warrant, he may issue one or both. A summons-case is defined as a case relating to an offence that is not a warrant-case, according to Section 2(w) of the Code. A warrant-case is defined in Section 2(x) of the Code as a case involving an offence punished by death, life imprisonment, or a sentence of more than two years in prison.
The Criminal Procedure Code governs the entire country of India. Article 370 of the Indian Constitution limits Parliament’s ability to legislate in the state of Jammu and Kashmir. Though, as of 2019, the Parliament has repealed Article 370 in Jammu and Kashmir, making the CrPC valid throughout the country.
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