Criminal Procedure Overview

Procedure is a different book from the offence

The offence’s definition lives in the substantive code introduced in . What a court may consider is . This page is the third book: who investigates, who can take cognizance, how a charge is tried, and how a decision is challenged. Read it with the . Old books say CrPC. Do not build a conversion table of section numbers. If a paper’s syllabus names the old code, follow the syllabus and still know which text is in force on India Code.

Four stages students collapse into “the case”

Investigation is the police inquiry into whether an offence appears to have been committed, in the way the code describes. Inquiry and trial are judicial. The trial is where the charge is heard and decided. Appeal and revision are later challenges, and they are not automatic. Bail is a separate question about custody, with conditions in the code. This note states no day-count for filing, no rank of courts, and no form number. Those are in the code and in the court’s rules. A remembered “ninety days” without the section is how students invent procedure.

How to answer without advising an accused

Say which stage the facts are in. Say which code you are using. If the problem is only about the definition of the offence, send it back to the substantive chapter. Do not tell a person to approach a particular police station, to destroy a phone, or to skip a hearing. A class hypothetical stays hypothetical.

A hypothetical about a merged code

Hypothetical. A problem asks whether a confession in police custody can be proved, and the student answers with a punishment theory from the substantive code. The rewrite splits the books: the offence says what must be true, evidence says whether this statement is usable, and procedure says where in the case the question arises. No old section is renumbered by arithmetic. No advice is given to a real accused.

A checklist for a procedure problem

Name the book. 1. Say you are in the procedure code, not the offence. 2. Name the stage. 3. Keep evidence rules in the evidence statute. 4. Treat bail as its own conditions. 5. Do not convert CrPC numbers by guesswork. 6. Do not invent a time limit. 7. Confirm the text on India Code.

Kanoons Academy does not currently list a separate LAWCET, CLAT, or AP LAWCET batch in the catalogue; these notes are study material, and counselling is via . The nearest catalogue course is . That course teaches how to read an Act, a rule, and a judgment note. It is not an entrance-test batch, and the button on this page uses the course’s own name.