CrPC Section 1
Section 1 of the Criminal Procedure Code (CrPC), 1973
Short title, extent, and commencement
1. Short Title
The term "short title" means the official name by which this legislation is referred to.
This law is formally called the Code of Criminal Procedure, 1973.
The short title helps in easy identification and citation of the legislation in legal documents, courts, and academic works.
2. Extent
This provision specifies the territorial jurisdiction of the CrPC.
Originally, the Code was extended to the whole of India except Jammu and Kashmir, due to the special autonomous status of that state under Article 370 of the Indian Constitution.
After the abrogation of Article 370 in August 2019, the CrPC’s applicability was extended to Jammu and Kashmir as well, thereby covering the entire territory of India.
The importance of territorial extent is to clearly define where the law is enforceable and applicable. Laws may differ in different states or union territories, but the CrPC provides a uniform criminal procedural law across India.
3. Commencement
This sub-section empowers the Central Government to notify the date on which the provisions of the Code will come into effect.
The CrPC of 1973 came into force on 1st April 1974, replacing the older Criminal Procedure Code, 1898.
The purpose of this power is to allow flexibility so that the government can prepare the necessary administrative arrangements before enforcing the new procedural law.
Until the date of commencement, the previous procedural law (CrPC 1898) remained in force.
Why is Section 1 Important?
It legally introduces the Code and sets the stage for the rest of the procedural rules that follow.
It gives the law its legal identity and scope.
It tells citizens and authorities the exact geographical area where the law applies, which is crucial in a diverse federal system like India.
The commencement clause ensures there is no confusion about when the law starts applying, providing clarity to courts, police, and the public.
Additional Context
Criminal Procedure Code (CrPC) is a procedural law that lays down the rules for the investigation, inquiry, trial, and punishment of offenses. It also defines the powers of criminal courts and authorities such as the police and magistrates.
The CrPC works in conjunction with the Indian Penal Code (IPC), which defines the substantive offenses and punishments.
The introduction of a new CrPC in 1973 was meant to modernize and streamline the criminal justice system, replacing the old 1898 code which was considered outdated.
Summary Table
| Element | Description |
|---|---|
| Short Title | Code of Criminal Procedure, 1973 |
| Extent | Whole of India (now including Jammu and Kashmir) |
| Commencement Date | Date notified by Central Government (effective from 1st April 1974) |
| Purpose | To identify, specify territorial scope, and establish commencement of the Code |
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