Categories
Blog

What is the difference between IPC and CrPC?

What is the difference between IPC and CrPC?

According to the National Crime Records Bureau, in the year 2018, India registered more than 50 lakh criminal cases. It is vital for the citizens of any country to not only know the laws but also understand the differences between their applications. The maxim: Ignorantia Juris Non-excusat (Ignorance of the law is not an excuse) is embedded in the Indian Penal Code. Ignorance of Law or lack of knowledge does not stand as a defence in the court of law. India, as a country has more than 1200 laws in existence. However, crimes in India are regulated by:

 

  1. Indian Penal Code, 1862
  2. Criminal Procedure Code, 1973
  3. Indian Evidence Act, 1872

 

The criminal justice system in India is divided into two parts:

  1. First Part: Substantive Criminal Laws

These laws provide for the punishments for the offenders in accordance with the extent of the crime committed.

 

  1. Second Part:  Procedural Law

This law provides for a process for establishing the guilt of the offenders and imposing the punishment prescribed under the substantive criminal laws.

 

  • The Indian Penal Code, 1862

The Code is the primary criminal Code of the country and was drafted during the British Raj in the year 1850 and was presented to the then Legislative Council in the year 1856. It came into force on 01st January 1862.

The Code covers various offences (divided into multiple categories) and the related punishments for the said crimes. For instance, Crimes against the body (Murder, kidnapping, Culpable homicide, etc.), Crimes against property (theft, dacoity, etc.), Economic crimes (Cheating and Counterfeiting) and various other crimes.

 

  • Criminal Procedure Code, 1973

The Code is the procedural law which provides a detailed procedure for punishments under the penal laws. It thereby enforces and administers the Indian Penal Code and various other substantive criminal laws. The Code was enacted by the Parliament on 25th January 1974, to consolidate and amend the law relating to Criminal Procedure.

The Criminal Procedure Code is read along with the Indian Penal Code, 1862 and the Indian Evidence Act, 1872. There often exists a state of perplexity concerning the difference between the Indian Penal Code, 1862 and the Criminal Procedure Code, 1973. Let us now look at the differences between the two legislations.

 

Difference between the Indian Penal Code, 1862 and Criminal Procedure Code, 1973

  1. The Indian Penal Code is a substantive law[1], whereas the Criminal Procedure Code is procedural law.[2]
  2. The Indian Penal Code states various crimes and classifies them into multiple categories. The Code also prescribes the penalties and the punishment for the respective crimes. The Criminal Procedure Code on the other hand prescribes the procedure which the police take to investigate any offence after having committed any crime mentioned under the penal laws.
  3. The purpose of the Indian Penal Code is to provide a primary penal code in the country for giving punishment to the wrongdoers. On the other hand, the main motive of the Criminal Procedure Code is to provide for binding procedures which must be enacted during the administration of a criminal trial.
  4. The Criminal Procedure Code, 1973 provides for the powers of the courts and Magistrate, while the Indian Penal Code does not.

Let us now take an example to understand the difference between the legislations better.

Izzie to kill Mathew enters his house and murders him by hitting him with a hammer and slitting his throat. Section 300 of the Indian Penal Code, 1860 defines ‘Murder.’ And Section 302 of the Code prescribes the punishment for the said crime. The section specifies that any person who commits the act will be punished with death or life imprisonment.

How will Izzie be punished for the crime committed?

Murder is a non-bailable and cognizable offence. The Criminal Procedure Code, 1973 thus specifies procedure that is to be followed to determine the guilt of the offender, whether or not bail will be granted, evidence to be taken into account, trial, investigation and impose the respective penalty.

CONCLUSION

The three primary legislation governing criminal law in India: Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act continue to play an important role in the courts of law for the effective execution and administration of justice. Due to the rise in crimes and criminals, it becomes important for all the citizens to learn the basic differences between the primary criminal laws in the country.

[1]. Substantive laws refer to those laws which define the rights and duties of individuals and the respective punishment and organizations.

[2] Procedural Laws include those rules which govern the process of determining the duties and rights of individuals and organizations.