Criminal Law - CrPC & Constitution

CRIMINAL LAW
UNIT 4: CRPC & CONSTITUTION

CrPC - Introduction
 As the name suggest, the Code of Criminal Procedure commonly called Criminal
Procedure Code (CrPC) is the main legislation on procedure for administration of
criminal law in India.
 The CrPC is commonly read as CrPC, 1973 signifying the year in which it came into
force.

History of Criminal Procedure in
India
 Before the CrPC, 1973 was put into force, there were many procedural rules which were
practiced in India.
 During the Mughal Raj, the Mohammedan Criminal Law was prevalently used to
streamline criminal procedure in India. This was a set of rules which encompassed both
procedures, definitions and penalties for crimes in India. It was imposed on criminals in
the name of Shariah / Sharia. The Sharia has inspirations from the Holy Quran, Hadith,
Ijma and Qiyas of the Islamic faith. The practice of Sharia included jurists, courts,
prisons etc. The legal procedures included lodging a complaint, hearing by a jury or
court and punishment by guidelines prescribed in the Sharia law.

India
 During the British Raj which followed, the British passed the first formal criminal
procedure regulation act. This was called the Regulating Act of 1773. This was a
landmark moment in Indian judiciary, as the first Supreme Court of India was
established in erstwhile Calcutta. Similar courts were planted in Madras and Bombay.
These courts function as High Courts presently. These Supreme Courts, back then had
Indian jurists, trained in England who would judge over civil and criminal disputes. The
system followed the Mohammedan Criminal Law's procedures.

India
 The British rule faced its first major challenge during the Rebellion of 1857. After this
the British decided to do away with Indian jury system and took over criminal
administration to themselves. Following this turn of events, a Criminal Procedure Code
was hastily passed in 1861 by the British Parliament and was put in place in India. This
proved to be a big mistake as there were many lapses in the Indian scenario of crime
and would do no good.
 A formal commission was setup to look at the changes that are required, and the British
stationed in India created a Criminal Procedure Code for the first time ever in Indian
soil and passed it in 1882. It was later amended by the British in 1898.
 This Criminal Procedure Code would stay even post-independence in India.

India
 The fifth Law Commission under the chairmanship of Mr. K.V.K. Sundaram in the 41st
Report recommended the amendment and re-structuring of the Code of Criminal
Procedure of 1898. This restructured Code is the present day Code of Criminal
Procedure, 1973.

Functions of the CrPC
 Recognition of bodies that function under the Code
 Territorial extent and scope of the Act
 Classification of offences
 Procedures to follow for a criminal investigation
 Trial procedures
 Sentences which can be passed by different entities of the criminal investigation
 Bail procedures
 Appeal

Arrangement of the CrPC
 The CrPC consists of 37 chapters with a total of 484 sections.

Amendments of the CrPC
 The Code of Criminal Procedure has been amended 19 times since 2020.
 The final amendment was by the Criminal Amendment Act of 2013 & 2018.
 Both these acts amended the CrPC based on punishment for rape crimes, juvenile
accused penalty, victim compensation etc.

Important sections of CrPC
 Section 2 – Definitions.
 Section 6 – Classes of Criminal Courts.
 Section 9 – Court of Session.
 Section 11 – Courts of Judicial Magistrates.
 Section 30 - 31 – Sentences.
 Section 41 - 54 – Arrest of Persons.
 Section 61 - 69 – Summons.
 Section 70 - 81 – Warrant of arrest.

 Section 82 - 88 – Proclamation & procedure for person absconding.
 Section 93 – When search-warrant may be issued.
 Section 102 – Power of police officer to seize certain property.
 Section 125 - 128 – Order for Maintenance of Wives, Children and Parents.
 Section 129 – Dispersal of unlawful assembly by use of civil force.
 Section 130 – Use of armed forces to disperse assembly.
 Section 133 – Conditional order for removal of nuisance.
 Section 144 – Power to issue order in urgent cases of nuisance or apprehended danger.

 Section 154 - 176 – Information to the Police and their Powers to Investigate.
 Section 174 – Investigation of cases of suicide & unnatural death.
 Section 177 - 189 – Jurisdiction of the Criminal Courts in Inquiries and Trials.
 Section 190 – Cognizance of offences by Magistrates.
 Section 196 – Prosecution for offences against the State and for criminal conspiracy to
commit such offence.
 Section 198 – Prosecution for offences against marriage.
 Section 199 – Prosecution for defamation.
 Section 200 - 203 – Complaints to Magistrates.
 Section 211 - 224 – The Charge.

 Section 225 - 237 – Trial Before a Court of Session.
 Section 272 - 299 - Evidence in Inquiries & trials
 Section 291 - Deposition of medical witness
 Section 293 - Reports of certain government scientific experts
 Section 300 – Person once convicted or acquitted not to be tried for same offence.
 Section 304 – Legal aid to accused at State expense in certain cases.
 Section 307 – Power to direct tender of pardon.

 Section 311 – Power to summon material witness, or examine person present.
 Section 313 – Power to examine the accused.
 Section 315 – Accused person to be competent witness.
 Section 366 – Sentence of death to be submitted by Court of Session for confirmation.
 Section 368 – Power of High Court to confirm sentence or annul conviction.
 Section 395 – Reference to High Court.
 Section 401 – High Court’s powers of revision.

 Section 436 – In what cases bail to be taken & Maximum period for which an undertrial
prisoner can be detained.
 Section 437 – When bail may be taken in case of non-bailable offence.
 Section 438 – Direction for grant of bail to person apprehending arrest.
 Section 439 – Special powers of High Court or Court of Session regarding bail.

CONSTITUTION
 Constitution of a nation is a body of fundamental principles or established precedents
according to which a state or nation is acknowledged to be governed.
 Even an organization could have a constitution which lists its purpose, scope and other
policies.
 But when it comes to a country, it is a set of principles and rules by which the country
would live by.

HISTORY OF CONSTITUTION
 The Magna Carta Libertatum, commonly called Magna Carta is a charter of liberty and
political rights obtained from King John of England by his rebellious barons at
Runnymede in 1215, which came to be seen as the seminal document of English
constitutional practice.
 It is also considered as the foundation upon which other constitutions have been made.

 The Constitution of India is the supreme law of India.
 It frames fundamental political principles, procedures, practices, rights, powers, and
duties of the government.
 It imparts constitutional supremacy and not parliamentary supremacy, as it is not
created by the Parliament but, by a constituent assembly, and adopted by its people,
with a declaration in its preamble.
 Parliament cannot override it. Parliament can however make amendments to it when
2/3rd majority of both houses vote for it.

 The Indian constitution is the world’s longest constitution. At its commencement, it had
395 articles in 22 parts and 8 schedules.
 It consists of approximately 145,000 words, making it the second largest active
constitution in the world.
 Currently, it has a preamble, 25 parts with 12 schedules, 5 appendices, 448 articles, and
101 amendments.

 The constitution of India was adopted on the 26th of November, in the year 1949.
 However, it came to effect on the 26th of January, 1950. That is why 26th of January is
celebrated as the Republic Day of India.
 It was adopted by the Constitution Assembly.
 Dr. B. R. Ambedkar, the chairman of the Drafting Committee, is widely considered to be
the architect of the Constitution of India. After, the adoption of the constitution, The
Union of India became the contemporary and modern Republic of India.

 Republic Day honours the date on which the Constitution of India came into effect on
26 January 1950 replacing the Government of India Act in 1935 as the governing
document of India.
 The Constitution was adopted by the Indian Constituent Assembly on 26 November
1949 and came into effect on 26 January 1950 with a democratic government system,
completing the country’s transition towards becoming an independent republic.
 26 January was chosen as the Republic day because it was on this day in 1930 when
Declaration of Indian Independence known as Purna Swaraj was proclaimed by the
Indian National Congress as opposed to the Dominion status offered by British Regime.

TIMELINE OF CONSTITUTION
 6 December 1946: Formation of the Constitution Assembly (in accordance with French
practice).
 9 December 1946: The first meeting was held in the constitution hall (now the Central
Hall of Parliament House).
 11 December 1946: The Assembly appointed Rajendra Prasad as its president, H. C.
Mukherjee as its vice-chairman and B. N. Rau as constitutional legal adviser.
 13 December 1946: An 'Objective Resolution' was presented by Jawaharlal Nehru,
laying down the underlying principles of the constitution. This later became the
Preamble of the Constitution.
 22 January 1947: Objective resolution unanimously adopted.

 22 July 1947: National flag adopted.
 15 August 1947: Achieved independence. India split into the Dominion of India and the
Dominion of Pakistan.
 29 August 1947: Drafting Committee appointed with B. R. Ambedkar as its Chairman.
The other 6 members of committee were Munshi, Muhammed Sadulla, Alladi
Krishnaswamy Iyer, N. Gopalaswami Ayyangar, Khaitan and Mitter.
 16 July 1948: Along with Harendra Coomar Mookerjee, V. T. Krishnamachari was also
elected as second vice-president of Constituent Assembly.
 26 November 1949: The Constitution of India was passed and adopted by the assembly.

 24 January 1950: Last meeting of Constituent Assembly. The Constitution was signed
and accepted. (with 395 Articles, 8 Schedules, 22 Parts)
 26 January 1950: The Constitution came into force. (The process took 2 years, 11
months and 18 days - at a total expenditure of ₹6.4 million to finish.)

INFLUENCE OF CONSTITUTION
 The Indian constitution drew influence from constitutions of many nations.
 The UK's constitution was the framework used for parliamentary government and rule
of law.
 The US's constitution influenced the federal government structure, President as
commander-in-chief of the army etc.
 Other than this Soviet unions, France, Canada, Ireland etc. also had influences in our
Indian constitution.

PREAMBLE OF CONSTITUTION
 The Preamble to the Constitution of India is a brief introductory statement that sets out
guidelines, which guide the people of the nation, and to present the principles of the
Constitution, and to indicate the source from which the document derives its authority,
and meaning.
 It reflects the hopes and aspirations of the people. The preamble can be referred to as
the preface which highlights the entire Constitution.
 It was adopted on 26 November 1949 by the Constituent Assembly and came into
effect on 26 January 1950, celebrated as the Republic day in India. Preamble was made
in 1947 but adopted in 1949.

 WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its
citizens:
 JUSTICE, social, economic and political;
 LIBERTY of thought, expression, belief, faith and worship;
 EQUALITY of status and of opportunity,
and to promote among them all,
 FRATERNITY assuring the dignity of the individual and the unity and integrity of the
Nation;

 IN OUR CONSTITUENT ASSEMBLY this 26th day of November 1949, do HEREBY ADOPT,
ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
 The Preamble to the Indian constitution has been amended only once so far. The
underlined words above ‘Socialist, Secular and integrity’ were added along with the
42nd constitutional Amendment on 18th December 1976.

 Soveriegn - Sovereign means that India is an independent authority. It means, that it
has the power to legislate on any subject; and that it is not subject to the control of any
other State / external power. We are a sovereign democratic republic. The power of a
sovereign nation includes legal, political and individual power. The addition of
'sovereign' was influenced by the article 5 of the Ireland's constitution. Sovereignty is
internal as well as external.
 Socialist - 'Socialist' was added along with the 42nd constitutional amendment. We
have a Directives principles of state policy which means that we are a democratic
socialist country. We have a people elected government - democratic and wealth is
shared equally by society through distributive justice. The government only regulates
the ownership of land, industry etc. to have control and to reduce inequalities.

 Secular - 'Secular' was added along with the 42nd constitutional amendment. It means
that the government can relate with religious establishments or practices only in
accordance with constitution and law. There is no difference among people on the
basis of religion and there is no state religion. It guarantees equal freedom and respect
for all religions.
 Democratic - The people of India elect the government and have the right to choose.
The 'one person one vote' phenomenon comes from this word. Every citizen of India 18
years of age or older and not otherwise debarred by law is entitled to vote. The word
democratic refers not only to political democracy but also to social and economic
democracy.

 Republic - In a republic country, the ruler or head of state is not a non-elected
monarch. Nobody holds power as a proprietary right. The head of state is elected and
holds office for a fixed tenure.
 Justice - Justice stands for the rule of law practiced in a country. India has a
independent judicial system which rules in accordance of Indian laws. India guarantees
to its citizens - social justice, economic justice and political justice.
 Liberty - Liberty refers to the freedom to be ourselves as Indian nationals. There will be
no unreasonable restrictions to what we think, express or follow. But liberty has its
constitutional limits also at the same time.

 Equality - Equality is guaranteed irrespective of status or opportunity to all citizens of
India.
 Fraternity - Fraternity is the feeling of braotherhood among Indians. We belong to a
country as many people. It instills the sense of pride and national integration.

FUNDAMENTAL RIGHTS
 The Rights and Fundamental Rights are sections of the Constitution of India that
provides people with their rights. These Fundamental Rights are considered as basic
human rights of all citizens, irrespective of their gender, caste, religion or creed. etc.
These sections are the vital elements of the constitution. The fundamental rights are
listed in Part 3 of the constitution.
 There are six fundamental rights in India. They are Right to Equality, Right to Freedom,
Right against Exploitation, Right to Freedom of Religion, Cultural and Educational
Rights, and Right to Constitutional Remedies.
 There was a seventh right in the original constitution which was removed along with
the 44th constitutional amendment – right to property.

FUNDAMENTAL RIGHTS
 Right to Equality - Right to Equality ensures equal rights for all the citizens. The Right to
Equality prohibits inequality on the basis of caste, religion, place of birth, race, or
gender. It also ensures equality of opportunity in matters of public employment and
prevents the State from discriminating against anyone in matters of employment on
the grounds only of religion, race, caste, sex, descent, place of birth, place of residence
or any of them.
 Right to Freedom - Right to freedom provides us with various rights. These rights are
freedom of speech, freedom of expression, freedom of assembly without arms,
freedom of movement throughout the territory of our country, freedom of association,
freedom to practice any profession, freedom to reside in any part of the country.
However, these rights have their own restrictions.

FUNDAMENTAL RIGHTS
 Right against exploitation - Right against Exploitation condemns human trafficking,
child labor, forced labor making it an offense punishable by law, and also prohibit any
act of compelling a person to work without wages where he was legally entitled not to
work or to receive remuneration for it. Unless it is for the public purpose, like
community services or NGO work.
 Right to freedom of religion - Right to Freedom of Religion guarantees religious
freedom and ensures secular states in India. The Constitutions says that the States
should treat all religions equally and impartially and that no state has an official
religion. It also guarantees all people the freedom of conscience and the right to
preach, practice and propagate any religion of their choice.

FUNDAMENTAL RIGHTS
 Cultural and educational rights – Cultural and Educational Rights protects the rights of
cultural, religious and linguistic minorities by enabling them to conserve their heritage
and protecting them against discrimination. Educational rights ensure education for
everyone irrespective of their caste, gender, religion, etc.
 Right to constitutional remedies - Right to Constitutional Remedies ensures citizens to
go to the supreme court of India to ask for enforcement or protection against violation
of their fundamental rights. The Supreme Court has the jurisdiction to enforce the
Fundamental Rights even against private bodies, and in case of any violation, award
compensation as well to the affected individual.

FUNDAMENTAL RIGHTS
Controversies
 The fundamental rights have been talking point in many judgements and public
discourse. Freedom of speech has been questioned and debated in the past many
occasions whether they are absolute or have their limitations etc.

DIRECTIVE PRINCIPLES OF STATE POLICY
Articles 36-51 under Part-IV of Indian Constitution deal with Directive Principles of State Policy
(DPSP). They are borrowed from the Constitution of Ireland, which had borrowed it from the
Spanish Constitution.
Directive Principles of State Policy are ideals which are meant to be kept in mind by the state
when it formulates policies and enacts laws. There are various definitions to Directive
Principles of State which are given below:
• They are an ‘instrument of instructions’ which are enumerated in the Government of India
Act, 1935.
• They seek to establish economic and social democracy in the country.
DPSPs are ideals which are not legally enforceable by the courts for their violation.

Indian Constitution has not originally classified DPSPs but on the basis of their content and
direction, they are usually classified into three types-
• Socialistic Principles,
• Gandhian Principles and,
• Liberal-Intellectual Principles.

Socialist Principles
They aim to provide social and economic justice and points towards a welfare state policy. Articles 38 - 47 demonstrate the
socialist principles.
It requires states
•to promote welfare of people through social, economic and political justice
•to secure citizens with rights available by constitution
•to promote equal justice and free legal aid
•to provide rights to work, education and public assistance in case of unemployment, old age &sickness
•to make provision for just & humane work and maternity relief
•to secure living wage & decent standard of living
•to take steps to allow participation of workers in management of industries
•to raise level of nutrition of people and improve public health

Gandhian principles
These principles are based on Gandhian ideology used to represent the programme of reconstruction
enunciated by Gandhi during the national movement.
Under various articles, they direct the state to
•to organize village panchayats & give panchayat powers and authority to function
•to promote cottage industries
•to promote voluntary formation & autonomy of co-operative societies
•to promote educational & economic interests among weaker sections of society and protect them from
injustice & exploitation
•to prohibit consumption of intoxicating drinks & drugs
•to prohibit slaughter of cows, calves and other draught cattle and to improve their breed.

Liberal-Intellectual Principles
These principles reflect the ideology of liberalism. they direct states
•To secure for all citizens a uniform civil code throughout the nation
•To provide early childhood care and education for all children until 6 years of age
•To organize agriculture and animal husbandry using modern techniques
•To protect monuments, places and objects of historical interest and of national importance
•To separate the judiciary from the executive
•To promote international peace, foster respect for international law and encourage settlement of
international disputes as per arbitration rules.

IMPORTANT ARTICLES OF CONSTITUTION
Articles 14 – 18: Right to equality
These 5 articles deal with equal rights to every Indian citizen. Equal rights are guaranteed by the
constitution before the law, to every person irrespective of his / her personal choice, for employment
and also abolishes untouchability and titles.
Article 14 – Equality before the law.
Article 15 – Prohibition of discrimination on the grounds of religion, race, caste, sex, or place of birth.
Article 16 – Equality of opportunity in matters of public employment.
Article 17 – Abolition of the evil of untouchability.
Article 18 – Abolition of titles.

Articles 20 – 22: Right to freedom
These 3 articles grant every Indian citizen personal liberty / liberty to be free. It disallows unjust
detention and imprisonment. It gives rights for every citizen to be aware of what he is arrested for, and
also puts the onus on the state to provide for legal remedies if the person chooses to opt for it.
Article 20 – Protection in respect of conviction for offences.
Article 21 – Protection of life and personal liberty.
Article 22 – Protection against arrest and detention in certain cases.

Articles 51A: Duties of citizens
There are 11 fundamental duties for every Indian citizen.
42nd amendment act 1976 added 10 fundamental duties. 86th amendment act 2002 added one more to
the list.
It shall be the duty of every citizen of India-
to abide by the Constitution and respect its ideals and institutions, the national Flag and the National
Anthem;
to cherish and follow the noble ideals which inspired our national struggle for freedom;
to uphold and protect the sovereignty, unity and integrity of India;
to defend the country and render national service when called upon to do so;

to promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory
to the dignity of women;
to value and preserve the rich heritage of our composite culture;
to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have
compassion for living creatures;
to develop the scientific temper, humanism and the spirit of inquiry and reform;
to safeguard public property and to abjure violence;
to strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavor and achievement.

Other important articles of constitution
Article 12-35: Fundamental Rights
Article 36-50: Directive Principles of State Policy
Article 51A: Fundamental Duties
Article 80: Number of Seats in Rajya Sabha
Article 243-243: Panchayati Raj Institutions
Article 343: Hindi as Official Language
Article 356: Imposition of President’s Rule
Article 370: Special Status of Jammu & Kashmir (which was repealed in 2019)
Article 395: Repeals Indian Independence Act and Government of India Act 1919

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