CRPCSection 1-5Verified

Short Title, Extent, Commencement; Definitions; Trial of Offences; Saving

Foundational provisions — title, definitions, applicability, savings

Legal Commentary

Section 1: This Act may be called the Code of Criminal Procedure, 1973. It extends to the whole of India except the State of Jammu and Kashmir. Section 2: Definitions — 'bailable offence', 'charge', 'cognizable offence', 'complaint', 'High Court', 'inquiry', 'investigation', 'judicial proceeding', 'local jurisdiction', 'non-cognizable offence', 'notification', 'offence', 'officer in charge of a police station', 'place', 'pleader', 'police report', 'police station', 'prescribed', 'public prosecutor', 'sub-divisional magistrate', 'summons case', 'warrant case'. Section 3: All offences under the IPC shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained. Section 4: All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. Section 5: Nothing in this Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force.

Explanation

Sections 1–5 are the constitutional spine of the Code of Criminal Procedure 1973 — establishing its name, territorial scope, the critical definitions that govern every subsequent provision, and its relationship with substantive criminal law and special legislation. Section 2 contains the definitional engine of the entire Code. Two definitions of supreme practical importance: 'cognizable offence' (Section 2(c)) — an offence for which a police officer may arrest without a warrant, and 'non-cognizable offence' (Section 2(l)) — one requiring a magistrate's warrant before arrest. This cognizable/non-cognizable distinction determines the entire architecture of police power in India. 'Bailable' and 'non-bailable' offences (Section 2(a)) determine bail rights — in bailable offences, bail is a matter of right; in non-bailable offences, it is discretionary. 'Complaint' (Section 2(d)) is specifically defined as any allegation made to a magistrate — a police FIR is not a 'complaint' in the technical CrPC sense, which has significant procedural consequences for private prosecution cases. Section 4's application of CrPC procedure to all special law offences is fundamental — NDPS, PMLA, POCSO, IT Act offences are all investigated and tried using CrPC procedure unless those laws specifically modify it.

Related Topics

CrPC Section 1CrPC Section 2CrPC Section 3CrPC Section 4CrPC Section 5Code of Criminal Procedure preliminaryCrPC definitionsCrPC applicabilityCrPC vs BNSS 2023Bharatiya Nagarik Suraksha SanhitaBNSS 2023criminal procedure IndiaCrPC replaced by BNSS

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Historical Context

Original Act
Code of Criminal Procedure
Category
CrPC
← All Code of Criminal Procedure Sections