CrPC Section 4

πŸ“– Section 4 CrPC – Trial of offences under the Indian Penal Code and other laws

This section tells us how offences are to be investigated, inquired into, tried, and otherwise dealt with under criminal law in India.

πŸ”Ή Structure of Section 4 CrPC

(1) For IPC offences

All offences under the Indian Penal Code, 1860 (IPC) must be:

investigated,

inquired into,

tried, and

otherwise dealt with
according to the provisions of the CrPC.

πŸ‘‰ In simple terms: If the offence is defined in the IPC, the procedure for dealing with it will always be as per CrPC.

(2) For offences under other laws

For offences under any other law (special or local laws), the procedure will also be as per CrPC, unless that other law provides a special procedure.

πŸ‘‰ Example:

The Narcotic Drugs and Psychotropic Substances Act (NDPS Act) is a special law. If it prescribes a special procedure for search, seizure, or trial, then that procedure applies.

If it doesn’t, then CrPC applies.

πŸ”Ή Purpose of Section 4

To make CrPC the general procedural code for criminal cases in India.

To ensure uniformity in handling offences, unless a special law lays down its own procedure.

To clearly separate substantive law (IPC, NDPS Act, etc.) from procedural law (CrPC).

πŸ“Œ Examples to understand:

Murder case

Defined under IPC (Section 302).

Investigation β†’ trial β†’ punishment: all handled according to CrPC.

Dowry Prohibition Act offence

This is a special law.

If the Act has no special trial procedure, CrPC applies.

Juvenile Justice Act offence

This Act has its own special procedure for inquiry and trial.

Hence, those special procedures override CrPC to that extent.

βœ… In summary:

IPC offences β†’ CrPC always applies.

Other laws β†’ CrPC applies, unless those laws say otherwise.

Section 4 ensures CrPC is the default criminal procedure code for the country.

LEAVE A COMMENT