Code of Criminal Procedure (CrPC) Bare Act
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Get the official and latest version of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974) in PDF format. These downloads include all amendments up to 2026 and are essential for law students, advocates, and judicial aspirants.
Important Note
Always verify the amendment year before downloading. The official India Code PDF is the most authentic source for the Code of Criminal Procedure, 1973. For exam preparation, also refer to our Top 25 Most Asked Bare Act Sections in AIBE guide.
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Introduction to the Code of Criminal Procedure, 1973
The Code of Criminal Procedure, 1973 (Act No. 2 of 1974), commonly known as the CrPC, is the principal legislation governing the procedural aspects of criminal law in India. While the Indian Penal Code (IPC) defines substantive criminal offenses and their punishments, the CrPC establishes the machinery and methodology for investigating, prosecuting, and adjudicating those offenses. It is the backbone of India's criminal justice system, ensuring that the substantive law is administered fairly, efficiently, and in accordance with the principles of natural justice.
The CrPC came into force on April 1, 1974, replacing the earlier Code of Criminal Procedure, 1898. The 1973 Code was enacted to modernize and streamline criminal procedures, incorporating constitutional mandates and judicial precedents that had evolved since independence. It balances the powers of the police, the rights of the accused, and the interests of society, making it one of the most frequently referenced statutes in Indian courts.
For law students preparing for examinations like AIBE, judiciary, and university exams, mastering the CrPC Bare Act is non-negotiable. As highlighted in our analysis of repeated topics in AIBE question papers, sections like Section 154 (FIR), Section 167 (Remand), Section 173 (Charge Sheet), and Sections 437-439 (Bail) are among the most frequently tested areas. Understanding these sections from the Bare Act itself, rather than relying solely on coaching notes, is crucial for success.
History and Evolution of Criminal Procedure in India
The history of criminal procedure in India dates back to the colonial era. The first comprehensive code was the Code of Criminal Procedure, 1861, enacted by the British colonial government. This was replaced by the Code of Criminal Procedure, 1898, which remained in force for over seven decades after independence. However, the 1898 Code was increasingly seen as outdated, particularly in light of the Constitution of India, 1950, which guaranteed fundamental rights to all citizens.
The Law Commission of India, in its 41st Report (1969), recommended a complete overhaul of the 1898 Code. The recommendations emphasized:
- Separation of judiciary from executive at the district level
- Introduction of plea bargaining (though fully introduced later via 2005 Amendment)
- Strengthening the rights of the accused and victims
- Modernizing investigation procedures to meet contemporary challenges
- Streamlining trial procedures to reduce delays
The CrPC, 1973 was passed by Parliament in 1973 and received presidential assent on January 25, 1974. It came into force on April 1, 1974. Since then, it has undergone numerous amendments to address emerging legal challenges, technological advancements, and changing societal needs. The most significant recent development is the enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which is set to eventually replace the CrPC, though the 1973 Code remains in force during the transition period.
Structure and Organization of the CrPC
The Code of Criminal Procedure, 1973 is a comprehensive statute consisting of 484 sections organized into 37 chapters, along with 2 schedules. The structure is logical and follows the chronological progression of a criminal case from inception to conclusion. Understanding this structure is essential for navigating the Bare Act efficiently during examinations and legal practice.
Major Chapters and Their Scope
| Chapter | Sections | Subject Matter |
|---|---|---|
| Chapter I | Sections 1-5 | Preliminary (Short title, definitions, construction of references) |
| Chapter II | Sections 6-25A | Constitution of Criminal Courts and Offices |
| Chapter III | Sections 26-35 | Power of Courts |
| Chapter IV | Sections 36-40 | Powers of Superior Officers of Police |
| Chapter V | Sections 41-60A | Arrest of Persons |
| Chapter VI | Sections 61-90 | Processes to Compel Appearance (Summons, Warrants) |
| Chapter VII | Sections 91-100 | Processes to Compel the Production of Things |
| Chapter VIII | Sections 101-105 | Reciprocal Arrangements for Assistance in Criminal Matters |
| Chapter IX | Sections 106-124 | Security for Keeping the Peace and for Good Behaviour |
| Chapter X | Sections 125-128 | Maintenance of Public Order and Tranquillity |
| Chapter XI | Sections 129-148 | Preventive Action of the Police (Unlawful Assembly, Dispersal) |
| Chapter XII | Sections 149-153 | Information to the Police and their Powers to Investigate |
| Chapter XIII | Sections 154-176 | Jurisdiction of the Criminal Courts in Inquiries and Trials |
| Chapter XIV | Sections 177-189 | Conditions Requisite for Initiation of Proceedings |
| Chapter XV | Sections 190-199 | Complaints to Magistrates |
| Chapter XVI | Sections 200-203 | Commencement of Proceedings before Magistrates |
| Chapter XVII | Sections 204-210 | The Charge (Form and Content) |
| Chapter XVIII | Sections 211-224 | Trial before a Court of Session |
| Chapter XIX | Sections 225-237 | Trial of Warrant Cases by Magistrates |
| Chapter XX | Sections 238-250 | Trial of Summons Cases by Magistrates |
| Chapter XXI | Sections 251-259 | Summary Trials |
| Chapter XXII | Sections 260-265 | Attendance of Persons Confined or Detained in Prisons |
| Chapter XXIII | Sections 266-271 | Evidence in Inquiries and Trials (Evidence on Commission) |
| Chapter XXIV | Sections 272-299 | General Provisions as to Inquiries and Trials |
| Chapter XXV | Sections 300-327 | Provisions as to Accused Persons of Unsound Mind |
| Chapter XXVI | Sections 328-339 | Provisions as to Offences Affecting the Administration of Justice |
| Chapter XXVII | Sections 340-352 | The Judgment (Pronouncement, Content, and Copy) |
| Chapter XXVIII | Sections 353-365 | Submission of Death Sentences for Confirmation |
| Chapter XXIX | Sections 366-394 | Appeals (To High Court and Supreme Court) |
| Chapter XXX | Sections 395-405 | Reference and Revision |
| Chapter XXXI | Sections 406-412 | Transfer of Criminal Cases |
| Chapter XXXII | Sections 413-435 | Execution, Suspension, Remission, and Commutation of Sentences |
| Chapter XXXIII | Sections 436-450 | Provisions as to Bail and Bonds |
| Chapter XXXIV | Sections 451-459 | Disposal of Property (Seized, Stolen, or Disputed) |
| Chapter XXXV | Sections 460-466 | Irregular Proceedings (Effect of Irregularities) |
| Chapter XXXVI | Sections 467-479 | Limitation for Taking Cognizance of Certain Offences |
| Chapter XXXVII | Sections 480-484 | Miscellaneous (Definitions, Repeals, Savings) |
The First Schedule classifies offenses under the Indian Penal Code as cognizable or non-cognizable, bailable or non-bailable, and specifies the court competent to try each offense. The Second Schedule contains various forms used in criminal proceedings, such as warrants, summons, bonds, and proclamations.
Key Sections of CrPC Every Law Student Must Know
Based on our comprehensive analysis of judicial examinations and the most repeated topics in AIBE, the following sections of the CrPC Bare Act are absolutely essential. These sections form the core of criminal practice and are frequently tested in both objective and subjective examinations.
Section 154: First Information Report (FIR)
Section 154 is perhaps the most critical section of the CrPC. It mandates that every information relating to the commission of a cognizable offense, if given orally to an officer in charge of a police station, shall be reduced to writing. The written information is known as the First Information Report (FIR). This section is the gateway to the criminal justice system, triggering the investigation machinery. The Supreme Court in Lalita Kumari v. Govt. of U.P. (2014) held that registration of FIR under Section 154 is mandatory if the information discloses commission of a cognizable offense.
Section 156: Police Officer's Power to Investigate Cognizable Case
Section 156 empowers any officer in charge of a police station to investigate any cognizable case without the order of a Magistrate. This power is subject to the provisions of Section 157 (Procedure for investigation). The interplay between Sections 154, 156, and 157 determines how criminal investigations commence and proceed.
Section 167: Remand and Custody Provisions
Section 167 deals with the procedure when the investigation cannot be completed within twenty-four hours. It empowers the Magistrate to authorize the detention of the accused in custody, either police or judicial. The maximum period of police custody (remand) is 15 days, and the total detention during investigation cannot exceed:
- 90 days where the investigation relates to an offense punishable with death, imprisonment for life, or imprisonment for a term of not less than ten years;
- 60 days where the investigation relates to any other offense.
After this period, the accused becomes entitled to bail as a matter of right under Section 167(2)(a)(ii), commonly known as "default bail" or "statutory bail."
Section 173: Report of Police Officer on Completion of Investigation
Section 173 requires the investigating officer to file a police report (charge sheet) on the completion of investigation. This report forms the basis for the Magistrate to take cognizance of the offense under Section 190. The section specifies the contents of the charge sheet, including the names of the parties, the nature of the information, and the names of the persons acquainted with the circumstances of the case.
Sections 437, 438, and 439: Bail Provisions
The bail provisions under the CrPC are among the most litigated areas:
- Section 437: Bail in non-bailable cases (by Magistrate)
- Section 438: Anticipatory bail (direction for grant of bail to a person apprehending arrest)
- Section 439: Special powers of the High Court or Court of Session regarding bail
The Supreme Court in Gurbaksh Singh Sibbia v. State of Punjab (1980) laid down the foundational principles for anticipatory bail under Section 438. These sections are frequently tested in judiciary exams and practical legal scenarios.
Section 125: Order for Maintenance of Wives, Children, and Parents
Section 125 provides a speedy remedy for maintenance to wives, children, and parents who are unable to maintain themselves. It is a secular provision applicable to all persons irrespective of religion. The Magistrate of the first class may order a monthly allowance at such rate as he thinks fit. This section is crucial for family law practitioners and is often tested in examinations.
Section 320: Compounding of Offences
Section 320 specifies the offenses which may be compounded by the parties without the permission of the court, and those which require court permission for compounding. Compounding has the effect of an acquittal under Section 320(8). The First Schedule to the CrPC cross-references this section by marking certain offenses as "compoundable" or "non-compoundable."
Section 482: Saving of Inherent Power of High Court
Section 482 preserves the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under the CrPC, or to prevent abuse of the process of any court, or otherwise to secure the ends of justice. This section is the fountainhead of the High Court's power to quash FIRs and criminal proceedings, as elaborated in State of Haryana v. Bhajan Lal (1992).
Latest Amendments to CrPC (2023-2026)
The Code of Criminal Procedure has undergone several significant amendments in recent years. While the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 represents the most comprehensive overhaul, several amendments to the 1973 CrPC continue to be relevant during the transition period. Below is a detailed timeline of major amendments:
Recent Procedural Updates
Various state-level amendments and procedural notifications have been issued to streamline the implementation of the BNSS, 2023. During the transition period, courts continue to apply CrPC provisions where the new code has not yet been fully operationalized. Law students and practitioners must stay updated through official gazette notifications and legal news portals.
Bharatiya Nagarik Suraksha Sanhita (BNSS)
The Bharatiya Nagarik Suraksha Sanhita, 2023 was enacted to replace the CrPC, 1973. It introduces significant changes including:
- Zero FIR concept allowing FIR registration at any police station irrespective of jurisdiction
- Mandatory forensic investigation for offenses punishable with 7+ years imprisonment
- Electronic service of summons and warrants
- Video-recording of search and seizure operations
- Streamlined bail provisions and timelines for investigation
- Introduction of community service as a form of punishment
The BNSS retains the core structure of CrPC but modernizes procedures to leverage technology and enhance victim rights. For a detailed comparison, see our section on CrPC vs BNSS below.
Criminal Law (Amendment) Act, 2018
Following nationwide protests, this amendment was enacted to provide stringent punishment for rape offenses. Key changes included:
- Minimum punishment for rape enhanced from 7 to 10 years, extendable to life imprisonment
- Investigation and trial timelines mandated to be completed within 2 months each
- Prohibition on anticipatory bail for offenses under Sections 376AB, 376DA, 376DB of IPC
- Introduction of death penalty for rape of girls below 12 years of age
Comprehensive Amendment Table (CrPC 1973)
| Amendment Act | Year | Key Changes |
|---|---|---|
| Criminal Procedure Code (Amendment) Act | 2005 | Introduction of plea bargaining (Chapter XXI-A, Sections 265A-265L); Summary trials for certain offenses; Victim compensation scheme |
| Criminal Law (Amendment) Act | 2013 | Post-Nirbhaya reforms; New offenses introduced; Enhanced punishments; Section 357C mandated treatment of victims; Section 164A introduced for medical examination of rape victims |
| Criminal Law (Amendment) Act | 2018 | Stringent punishment for rape; Death penalty for rape of minors below 12 years; Time-bound investigation and trial; No anticipatory bail in specified cases |
| Criminal Procedure (Identification) Act | 2022 | Replaced the Identification of Prisoners Act, 1920; Expanded scope of measurements to include biological samples and behavioral attributes |
| Bharatiya Nagarik Suraksha Sanhita | 2023 | Complete overhaul replacing CrPC 1973; 484 sections reorganized into 37 chapters; Digital integration; Zero FIR; Forensic mandates; Timeline strictness |
CrPC vs BNSS: Key Differences
With the enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, understanding the transition from CrPC to BNSS is essential for all legal professionals. While the BNSS is intended to replace the CrPC, many of its provisions mirror the old code with modernized updates. Here is a comparative analysis:
| Aspect | CrPC 1973 | BNSS 2023 |
|---|---|---|
| Total Sections | 484 Sections | 531 Sections (reorganized) |
| FIR Registration | Section 154 - FIR at jurisdictional police station | Zero FIR allowed at any police station; Electronic FIR registration mandated |
| Investigation Timeline | No strict statutory deadline for completion | Investigation to be completed within 90 days (extendable to 180 days with court permission) |
| Forensic Evidence | General provisions under Sections 53, 53A | Mandatory forensic investigation for offenses punishable with 7+ years |
| Service of Summons | Physical service primarily | Electronic service via SMS, email, instant messaging permitted |
| Anticipatory Bail | Section 438 | Retained with modifications; Restrictions in certain heinous offenses |
| Handcuffing | General guidelines from Supreme Court judgments | Specific provisions regulating use of handcuffs |
| Community Service | Not explicitly recognized as punishment | Introduced as a form of punishment for minor offenses |
| Trial in Absentia | Limited provisions | Expanded provisions for trial of absconding accused |
| Victim Rights | General provisions under Section 357 (compensation) | Enhanced victim participation rights; Mandatory victim compensation fund |
Examination Tip
For upcoming judiciary and AIBE examinations, candidates must study both CrPC and BNSS provisions. Many state judicial services are now incorporating BNSS questions. Refer to our AIBE preparation guide for section-wise comparative charts.
Important Classification Tables
Cognizable vs Non-Cognizable Offenses
| Feature | Cognizable Offense | Non-Cognizable Offense |
|---|---|---|
| Definition | Offense where police can arrest without warrant | Offense where police cannot arrest without warrant |
| Police Action | Can investigate without Magistrate's order (Section 156) | Cannot investigate without Magistrate's order (Section 155) |
| FIR | FIR mandatory under Section 154 | Information recorded as NCR (Non-Cognizable Report) |
| Examples | Murder, Rape, Robbery, Dacoity, Kidnapping | Defamation, Simple Hurt, Cheating, Criminal Trespass |
| Bail | May be bailable or non-bailable | Generally bailable |
Bailable vs Non-Bailable Offenses
| Feature | Bailable Offense | Non-Bailable Offense |
|---|---|---|
| Definition | Offense shown as bailable in First Schedule or made bailable by any other law | Any other offense not classified as bailable |
| Right to Bail | Accused has right to be released on bail (Section 436) | Bail is discretionary (Sections 437, 439) |
| Granting Authority | Officer in charge of police station or court | Magistrate, Sessions Court, or High Court |
| Examples | Bribery (Section 171E IPC), Simple Hurt, Public Nuisance | Murder, Rape, Dowry Death, Waging War |
Warrant Case vs Summons Case
| Feature | Warrant Case | Summons Case |
|---|---|---|
| Definition (Section 2(x) & 2(w)) | Offense punishable with death, imprisonment for life, or imprisonment for more than 2 years | Any case other than a warrant case |
| Trial Procedure | Chapter XIX (Sections 225-237) | Chapter XX (Sections 238-250) |
| Framing of Charges | Formal charges framed in writing | No formal charge; Accused informed of allegations |
| Conviction on Plea of Guilty | Not permitted (except in plea bargaining) | Permitted under Section 252 |
| Acquittal/Discharge | Separate stages for discharge and acquittal | No separate discharge stage |
Frequently Asked Questions (FAQs)
What is the difference between CrPC and IPC?
The Indian Penal Code (IPC) is a substantive law that defines criminal offenses and prescribes punishments. The Code of Criminal Procedure (CrPC) is a procedural law that lays down the mechanism for enforcing the IPC. In other words, IPC tells you what is a crime, while CrPC tells you how to deal with it. For more on substantive vs procedural law, explore our legal basics section.
Is the CrPC Bare Act sufficient for AIBE preparation?
Yes, the Bare Act is essential for AIBE. The Bar Council of India allows only clean Bare Acts without annotations in the examination hall. Our AIBE repeated topics analysis shows that direct Bare Act knowledge accounts for over 60% of questions. However, combining Bare Act study with previous year papers yields the best results.
What is the current status of BNSS 2023? Has it replaced CrPC?
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 has been enacted to replace the CrPC, 1973. However, the implementation is being carried out in phases across different states. During the transition period, both statutes may be in force simultaneously in different jurisdictions. Legal practitioners must verify the applicable law in their specific jurisdiction. The CrPC Bare Act remains relevant for understanding the foundational principles that continue in the BNSS.
Where can I download the official CrPC Bare Act PDF?
The official PDF can be downloaded from the India Code website maintained by the Legislative Department, Ministry of Law and Justice. We have provided the direct download link in the download section above. Always prefer official government sources over third-party PDFs to ensure you have the latest amended version.
What are the most important sections of CrPC for judiciary exams?
For judiciary examinations, focus extensively on:
- Chapter XII (Sections 154-176) - Investigation procedures
- Chapter XVII (Sections 204-210) - Charge and its framing
- Chapters XVIII-XXI - Trial procedures (Sessions, Warrant, Summons, Summary)
- Chapter XXVII (Sections 340-352) - Judgment and its delivery
- Chapter XXIX (Sections 366-394) - Appeals
- Section 482 - Inherent powers of High Court
How is Section 125 CrPC different from personal law maintenance?
Section 125 CrPC provides a secular and speedy remedy for maintenance irrespective of the religion of the parties. Personal laws (like Muslim Women Act, Hindu Adoptions and Maintenance Act) provide separate maintenance mechanisms. A person can claim under both, but the Magistrate under Section 125 can consider amounts received under personal laws while fixing maintenance. This section is designed to prevent vagrancy and destitution.
What is the significance of Section 320 CrPC?
Section 320 lists offenses that can be compounded (settled) between the parties. Compounding effectively results in acquittal of the accused. The First Schedule to CrPC indicates whether an offense is compoundable. This provision helps reduce the burden on courts and allows parties to resolve minor criminal disputes amicably. However, serious offenses like murder, rape, and dowry death are non-compoundable.
Conclusion
The Code of Criminal Procedure, 1973 remains the cornerstone of India's criminal justice framework, even as the country transitions toward the Bharatiya Nagarik Suraksha Sanhita, 2023. For law students, judicial aspirants, and practicing advocates, a thorough command over the CrPC Bare Act is indispensable. The sections governing FIR, investigation, bail, trial, and appeal form the daily bread of criminal practice.
We recommend downloading the official PDF from the links provided above, tabbing the important sections, and regularly practicing with previous year question papers. For strategic preparation, do not miss our detailed analysis of the Top 10 Repeated Topics in AIBE Question Papers, which provides data-driven insights into the most tested CrPC sections.
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