The Code of Criminal Procedure (CrPC) is the principal procedural law that governs the administration of substantive criminal law in India, providing the machinery for the entire criminal justice process. The CrPC was enacted in 1973 and came into force on April 1, 1974, replacing the colonial-era Code of Criminal Procedure of 1898. Its creation was inspired by the recommendations of the 41st Law Commission Report and aimed to standardize the procedure for investigation, arrest, trial, and appeal across the country, ensuring a fair and transparent process.
The CrPC, which contained 484 sections across 37 chapters, laid down the step-by-step process for handling criminal cases. Key provisions included Section 154 for the registration of a First Information Report (FIR), Section 41 concerning arrest without a warrant, and Section 57, which mandates that an arrested person cannot be detained for more than 24 hours without a Magistrate's permission. It also established the hierarchy of criminal courts and provided for the rights of the accused, such as the right to legal aid under Section 304. The CrPC is closely connected to the Indian Penal Code (IPC), which defines offenses and prescribes punishments, while the CrPC provides the procedure for their enforcement.
The CrPC has recently been replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which was introduced to modernize the system and integrate technology. The BNSS, which will be enforced on July 1, 2024, retains most of the CrPC's core structure but introduces changes like mandatory forensic investigation for offenses punishable with seven years or more of imprisonment and provisions for electronic trials. A significant change is the modification of police custody rules, allowing the maximum 15 days of police custody to be authorized in parts during the initial 40 or 60 days of the judicial custody period.