Difference Between Indian Penal Code and Code Of Criminal Procedure

Edited by Diffzy | Updated on: April 07, 2022

       

Difference Between Indian Penal Code and Code Of Criminal Procedure Difference Between Indian Penal Code and Code Of Criminal Procedure

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Introduction

As a broad idea, the law is separated into two parts: substance and process. Legislative content provisions influence associated process requirements and vice versa. Criminal justice is no exception.

As Indian citizens, it is critical to be familiar with the country's legal system, especially with regard to societal issues. Criminal statutes have an impact on the current society, not just on citizens. The Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) constitute two of the greatest pieces of law in India that govern crime. Aside from any of these, the Indian Evidence Act of 1872 is India's third piece of legislation.

The Indian Penal Code, which had been created in 1860, is India's national criminal code. Its goal should be to provide the nation with a general penal code. It is divided into 23 chapters and includes 511 parts that provide a list of charges as well as their definitions and penalties. The IPC has been revised dozens of times and has just been complimented by further Acts. Except for the state of Jammu and Kashmir, it has jurisdiction over the whole country of India.

The Code of Criminal Method is India's primary piece of legislation governing the process for enforcing criminal law. The CrPC outlines the system for investigating a crime, putting offenders before a court of law, gathering evidence, determining the conviction or culpability, imposing consequences or penalties, and so on.

It also establishes the structure of the institutions that have jurisdiction over criminal cases. The Constitutional Court is at the top, followed by Magistrate Court, First Class Judicial Judge, Second Class Judicial Magistrate, and Executive Magistrate in declining order.

There is a cap on the penalties that these courts can impose on the accused. The Constitutional Court is the highest court in the land, with absolute power. In 1973, the code was enacted. The CrPC now has 484 parts spread across 37 chapters. There are also two agendas and 56 forms.

Indian Penal Code vs. Code of Criminal Procedure

The primary distinction, between the Indian Penal Code and the Code of Criminal Procedure would be that the IPC states explicitly the obligations and rights of a person dwelling in that location. Also included is the punishment if any regulations are breached. The Ccp, but in the other extreme, specifies how individuals should deal with persons who have broken the law. As a result, they are addressing wholly distinct groups of individuals.

The IPC is the nation's most significant criminal law code. It provides insight into the obligations and rights of Indian citizens. It also contains a set of penalties. There is a distinct penalty for each crime, which is determined by the degree or severity of the offense. It was established by the nation's military Legislative Council. Furthermore, imagine there is unethical/criminal activity within the country that is not covered by this Code. In such a scenario, it'll still eventually get to be a member of this one, and the penalty will be appropriate.

The Code of Criminal Procedure, on the other hand, is not the same as the IPC. It mostly comprises regulations and recommendations for dealing with disruptive behaviour. It is intended for individuals who work exclusively in the military industry. It went into force considerably later and is primarily concerned with preventing and regulating crimes. It is divided into six sections. It was introduced relatively late than the IPC. 

Difference Between Indian Penal Code and Code of Criminal Procedure in Tabular Form

Table: Indian Penal Code vs. Code of Criminal Procedure
BASIS FOR COMPARISON
INDIAN PENAL CODE (IPC)
CRIMINAL PROCEDURE CODE (CRPC)
Meaning
The Indian Penal Code, or IPC, is the main criminal legislation that is implemented in the nation to encompass all types of illegal conduct and give redress for offenders.
Criminal Code Procedure (CrPC) refers to the legislation in India that governs the criminal justice process that must be followed throughout a criminal proceeding.
Type
Normative Law
Law of Procedural Procedure
Objective
To develop a unified criminal code.
To improve the legislation governing criminal proceedings.
Role
It outlines different charges and related penalties.
It outlines the procedure to be followed in a criminal trial.

Chart of comparisons among the Indian Penal Code and the Code of Criminal Procedure

Parameters of Comparison
Indian Penal Code
Code of criminal procedure
Definition
The Indian Penal Code is the state's official criminal code.
The formal laws in India govern the method for enforcing criminal law.
Contents
It covers a list of offenses as well as the penalties associated with them.
It contains a set of regulations governing how well the defending forces may operate in relation to that crime.
Year enacted
It went into effect during the year 1860.
It went into effect in the year 1974.
Applicable to
It is applicable to all Indian nationals.
It is applicable to law enforcement and defence agencies.
Motive
It aids in the control of criminal activity.
It aids in the prosecution of criminals.

What is Indian Penal Code (IPC)?

The Indian Penal Code, abbreviated as IPC, is India's basic criminal legislation, including all substantial aspects of the criminal procedure. It was proclaimed in 1862, throughout the British rule, and has been changed numerous times since then. It specifies all conceivable crimes and penalties that can occur in the country.

The code is organized into twenty-three chapters, each of which contains 511 parts that address various sorts of offenses, judgments, sentencing, and exceptions. The consequences under this code are classified into five categories: death, life imprisonment, general imprisonment, confiscation of property, and fine.

The law is applicable to anybody of Indian descent, with the exception of members of the Indian army, who could be prosecuted under the IPC.

What is Criminal Procedure Code (CrPC)?

The Criminal Method Code is India's basic legislation governing the procedure for enforcing criminal law. It is focused only on a set of rules that govern the series of processes that occur during the commission of a criminal offense.

The Criminal Procedure Code is intended to provide a proper procedure for the intrusion of lawbreaker legal system by establishing the essential equipment for making arrests, continuing to investigate cases, describing criminals before the justice system, finding evidence, identifying the shame or innocence of the accused, and enacting consequences or forms of punishment on the accused. In a nutshell, it explains the real investigation, trial, bail, questioning, and arrest process.

It also specifies the sorts of criminal tribunals, namely judicial boards, courts of assembly, judicial magistrates of the very first class, judicial magistrates of the second class, and executive magistrates, to which numerous sorts of offenses are submitted for trial. Aside from these courts, high courts have the last say. Furthermore, the number of punishments that these courts can impose is limited.

In contrast, the Criminal Method Code refers to the statute that specifies the general procedure that must be implemented while dealing with a federal crime.

These days, researchers learn about felonious activities that occur throughout in out area or country through publications, news stations, and other social media platforms such as Facebook, Twitter, and so on. 

These criminal activities include sexual crimes, killing, carjackings, accidents, cyber attacks, terrorist activities, and so on. Every government has enacted laws to prevent wrongdoers in order to deliver justice to victims.

The Indian Penal Code (IPC) and the Criminal Procedure Code (CrPC) are two such rules that were enacted under the British Raj in India to assist plaintiffs in obtaining justice. Read on to learn the distinction between the Indian Penal Code (IPC) and the Criminal Procedure Code (CPC) (CrPC)

Key Differences Between Indian Penal Code (IPC) and Criminal Procedure Code (CrPC) in Points

The distinction here between the Indian Penal Code (IPC) and the Criminal Procedure Code (CPC) is stated in the following points (CrPC)

  1. The Indian Penal Code, abbreviated as is the primary criminal legislation that is applied in the nation and examines all forms of illegal crimes and delivers punishment to them. In contrast, the Criminal Procedure Code, or CrPC, refers to the legislation that is maintained in India for controlling criminal law methods, which is needed to be maintained throughout a criminal case.
  2. The Indian Penal Code, or IPC, is a form of the legal system, whereas the Criminal Procedure Code is a type of procedural law.
  3. The major goal of the Indian Criminal Law is to offer a uniform penal code for the country to use in punishing wrongdoers. On the other hand, the major goal of the Criminal Procedure Code is to unify the criminal legislation in the country.
  4. The IPC defines all conceivable crimes, as well as their sanctions and penalties. The method to be taken during litigation, on the other hand, is determined by the CrPC.
  5. The Indian Penal Code is substantive law, meanwhile, the Criminal Procedure Code is procedural law.
  6. The Indian Penal Code lists many offenses and categorizes them into several categories. The Code also specifies the penalty and sentence for the various offenses. The Criminal Method Code, on the other side, outlines the court that the police use to check any violation after committing any of the crimes listed in the penal laws.
  7. The Indian Penal Law strives to provide the country with a fundamental penal code for punishing lawbreakers. The major goal of the Criminal Procedure Code, on the other hand, is to create binding guidelines and procedures during the operation of a court hearing.
  8. The Criminal Procedure Code of 1973 establishes the authorities of courts and magistrates, although the Indian Penal Code doesn't really.
  9. Substantiative laws are those that specify people's rights and obligations, as well as the associated punishments and organizations.
  10. Procedural Laws are the rules that regulate the process of defining the obligations and rights of persons and organizations.
  11. Regardless of the distinctions between the two patterns, one cannot be applied without the other. While the IPC describes criminal offenses and their consequences, the CrPC specifies the method for bringing the criminal accusation as well as the accused's judgment or acquittal. The Indian Penal Code is supplemented by the Code of Criminal Procedure.
  12. It is critical that even these pairs of laws coexist in order to maintain both the procedural and substantive fairness of a trial under the arbitration proceedings on which India's criminal justice system is built.
  13. The distinction between each bipartisan bill is based only on the objective for which it was passed, particularly, in the example of the IPC, to establish an uniform civil code for the Country; and in the context of the CrPC, to clarify the law pertaining to criminal process in India.

Conclusion

The Indian Penal Code (IPC) is a substantive law that specifies numerous crimes/offenses that are chargeable in India and provides the penalties for their conduct. Section 300 of the IPC, for example, specifies what comprises or amounts to murder, while Section 302 of the Code stipulates the sentence for treason. IPC is similar to the price you have to pay for the conduct or non-commission of a specific act, except the value is in the sense of penalty or fine, or perhaps both.

Whilst the Criminal Procedure Code (CrPC) is the procedural legislation, as the name implies. It lays out the method that must be followed while pursuing a lawsuit, or you may call it the court process. The CrPC also specifies the protocol that police officers must follow when doing their duties, such as filing FIRs, conducting investigations, submitting chargesheets, and so on.

Besides the state of Jammu and Kashmir, both laws apply across the country. While the IPC outlines the criminal offense and the punishments for it, the CrPC specifies the procedure for bringing the lawful criminal charge as well as the defendant's guilt or conviction. 

The three principal laws and regulations regulating criminal law in India are the Indian Penal Code, the Criminal procedure Code, and the Indian Evidence Act. They continue to play a crucial part in the proper administration of justice in the court of law. In addition, there is supplementary law that supplements the three major pieces of legislation, such as the Prohibition of Child Trafficking Act and the Juvenile Justice Act. Both the IPC and the CrPC are pan-India in scope and apply to the whole state. They have no authority over Jammu & Kashmir.

The Indian Evidence Act and the Criminal Procedure Code are the sole substantive laws in this jurisdiction, whereas the Indian Evidence Act and the Criminal Procedure Code are the processing laws.

 References

  • https://legodesk.com/legopedia/difference-between-ipc-and-crpc

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