In Nutshell the aspects of Indian Penal Code, Criminal

Procedure Code and Indian Evidence Act: Part I

Rohit Dangare

This is an attempt of the author to give an overview of the Indian

Penal Code, Criminal Procedure Code and The Indian Evidence
Act to a new practitioner, law students and most importantly a
lay man who has to understand the process and principles of law
to understand the functioning of the Judicial Functioning. It
should be kept in mind that taking into consideration the
vastness of these subjects it is not possible to cover all the
minute details of each topic but a brief idea of each is the object
of this paper.

Introduction :

Indian Penal Code is a substantive law i.e., it states what is a

wrong (definition) and what is the punishment proposed for the
same. Indian Penal Code does not tell what should be done and
what should not be done. The Criminal Procedure Code is
predominantly a procedural law which states how the police
machinery is to function as far as the investigation and
procedure to be followed by the Courts during investigation and
trial. The Indian Evidence Act is neither a substantive nor
procedural law but primarily guides as to what is to be taken into
consideration as evidence (appreciation of evidence) by the Court
of Law.

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Source of Law :

To understand all such above things one has to understand what

is the source of law and how law has evolved over the period of
time. It is a trite that Law has be dynamic and cannot be static
thereby meaning that law has to change with time and has to
adopt itself to the changing times. In earlier times i.e., pre British
period, King was considered as the fountain of justice and
thereby leading to uncertainty and to bring about unanimity in
law the necessity of codifying the laws came into existence
because there had be a factor of constant in law for dispensing
the same. As far as our laws are concerned the origin of our law
are morals, customs, rituals, etc and subsequently the said
morals, customs and traditions took the place of statutes in our
law books.

Indian Penal Code :

Indian Penal Code has laid down as to what is a wrong and what
is the punishment for committing such wrong. In criminal law
the intention plays a very important role in deciding the liability
of the offence.

To understand better an act which defines the gravity and the

actus behind the same can be differentiated in these following
stages namely :

a) Motive

b) Intention

c) Preparation

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d) Attempt and

e) Commission.

In criminal law intention or mens rea of the accused is very

important but merely proving the existence of mens rea or guilty
intention is not sufficient to bring the accused to books. Rather
even if one has an intention to commit a wrong but does not act
towards the commission of the same via the various stages
mentioned above the same would not constitute an offence hence
there has to be an actus reus on behalf of the accused person
either in the form of preparation, attempt or commission.

There are two types of offences namely cognizable and non-

cognizable wherein the police have the power to arrest without
warrant and where arrest should be preceded by a warrant
issued by the Court of Law respectively. Similarly the offences are
also classified on the ground of bailable and non bailable
offences. The present Indian Penal Code being an old Act is found
to be insufficient to cater to the rising crime in the society and
hence the various other special enactments were brought into
existence like POTA, TADA, MCOCA, POCSO, Atrocities,
Corruption, PCPNDT etc.

Criminal Procedure Code :

Criminal Procedure Code lays down the various procedures

relating to arrest, recording of statements, preparation of
panchanama, inquest reports, recording of the confession of
accused and also recording of the statement of either the victim

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or the witnesses on oath, identification parades, trials, return of
property, anticipatory bail, regular bail, arrest, pre trial and post
trial and many more niceties. It lays down as to what are the
provisions and rules to be followed at the time of arrest, how
accused should be produced before the Magistrate within 24
hours, how a panchanama is to be prepared for arrest, whether
there is a requirement of the relative or next friend of the accused
at the time of arrest and or at least an information to such prior
to arrest, whether it is mandatory to conduct medical
examination of the accused of rape and victims of rape. It also
provides how statement of witnesses are to be recorded, how FIR
is to be recorded, importance of station diary entries and most
importantly the trials. There are three important types of trials
i.e., Warrant Trials, Summons and Summary Trials. The trials
are decided upon the gravity of offences and the punishment
prescribed for the same. When an offence takes place and or is
reported and the investigation is initiated such investigation
under Section 156 of the Cr.P.C., filing of Final Report
u/sec.173 of Cr.P.C. and subsequently till framing of charge,
such is called as the pre-trial stage. To understand the concept
better it can be said that from the stage of filing of FIR to framing
of charge the Charge, the various stages are within the ambit of
Pre Trial Stage.

Trials:

To understand how the trials are differentiated, one has to

understand the concept of the offence and the types of offences.
Simply offences wherein bail is granted as of right are called as

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Bailable offences and wherein bail is not granted as of right are
generally Cognizable offences. Furthermore, the offences are
classified as Cognizable and Non Bailable. The Schedule I of the
Crimina; Procedure Code has classified as to which offences are
bailable/non bailable, which are cognizable/non cognizable, what
is the punishment for the same and which offences are triable by
which Courts i.e., whether by Judicial Magistrate First Class or
by the Sessions Court. The offences where punishment is more
than 7 years till death, such offences are tried as Warrant Trials
(which includes Sessions) and where punishment is not more
than 2 years such offences are tried as Summary or Summons
trials.

Warrant Trials are of two types:

a) Upon Police Report i.e., filing of FIR u/sec. 154 of the Cr.P.C.,
and the same leading to filing of final report u/sec. 173 and

b) Upon filing of Complaint before the concerned Magistrate and

either asking for i) Order for investigation u/sec.156(3) or ii)
proceeding to lead evidence before the Court of Law.

The difference between the two is that once the FIR is registered
and Final Report if submitted by police before the Magistrate the
same has to be considered as State Case and the same is the
baby of the Public Prosecutor whereas in complaints filed before
the Court and procedure under Section 200, 201 etc is followed
and evidence is lead by the private party the same becomes a
private case where the state does not have any role to play
whereas in a private complaint filed by a Complainant, upon
pleading for 156(3) i.e., investigation by police and where the
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Court passes an Order without taking cognizance thereby
Ordering the Police to register an FIR, the same can be
considered as a State case.

Stages of Pre- Trial:

Upon the Person going to the police station:

i) There should be entry in the Station Diary

ii) Registering of FIR as FIR can be registered by any person.
(foot note as to how it is mandatory and who can file an
FIR)
iii) Investigation under Section 156 (footer as to 169 of
Cr.P.C. is an option open to police).
iv) Preparation of various panchanamas like:
a) Spot Panchanama
b) Inquest Panchanama
c) Seizure of clothes and articles found on the spot along
with the Spot Panchanama
d) Seizure of clothes of deceased
e) Recording of Statements of the witnesses under
Section 162,162, 164.
f) Requesting the Post Mortem
g) Identification parade if any
h) Collecting the sample of Blood and soil on the spot and
sending the same for Forensics.
i) Collection of vaginal swab, etc in case of rape and
forwarding it to the Forensics.
j) Arrest of the accused
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k) Producing the accused before the Magistrate within 24
hours along with the Station Diary requesting for
further custody of accused for investigation.
l) Recovery Panchanama from Accused u/sec.27 of the
Indian Evidence Act.
m) Filing of Final Report/ Chargesheet u/sec.173 of
Criminal Procedure Code, 1973 within 60 days or
90days. 60 days in case of offence punishable upto 7
years and 90 days where offence punishable above 7
years upto life or death.
n) Providing copy of the Final Report free of cost Accused
and compliance by Magistrate u/sec.207.
o) Case to be kept either before the Judicial Magistrate
First Class if offence punishable upto 7 years and
conduct the trial but if the same is punishable above 7
and or upto life and or death the same is committed by
the Magistrate to the Sessions Case. Cases triable by
Sessions Court are considered as Sessions Trial.
p) Admission or denial of documents u/sec.294 of the
Criminal Procedure Code. This is an important stage
wherein the prosecution provides a list of documents
like panchanamas, FIR, statements of witnesses, etc
thereby calling upon the defence to admit or deny the
contents of the same. Admitting any of the documents
at this stage by the defence amounts to admitting the
contents of the documents thereby relieving the
prosecution of its burden of proving that particular

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 document and the same is considered as proved and
hence read in evidence.

v) Trial – Trial commences when the Charge is framed by

either the JMFC in cases triable by him or by Sessions
Court when offences are triable by the Sessions Court.
The following are the important stages of trial:
a) Compliance under Section 207 and Admission and
Denial of documents u/Section 294
b) Framing of Charge u/sec.211being one of the most
important stage. Herein the accused is explained the
various offences he has been charged by explaining the
section or the contents of the same in the language the
accused understands thereby giving an opportunity to
the accused to understand what he is going to be
proved against him and what is he facing the trial for.
c) Evidence by the prosecution i.e., the prosecutor will
examine their witness (examination in chief) to prove
that the accused has committed the offence beyond
reasonable doubt and which can be countered by cross
examining the witnesses of the State by the defence
whereby the defence tries to impeach the credit of the
witnesses and trying to bring the case between the
shady area so that a reasonable doubt is created in the
mind of the Court as to whether it is the accused has
infact committed the offence or not. The various
methods used by the defence to impeach the credit of
the witness can be either by eliciting the truth from the

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 mouth of the witnesses or bringing on record the
contradictions, omissions and improvements on record
with the help of Section 145 of the Indian Evidence
Act. The evidence is recorded by the Court in the
language of the Court (English) and the vernacular. At
this juncture the Indian Evidence Act can come to the
aid of the prosecutor and the defence to show what is
relevant, irrelevant, what is admissible and what is not
admissible and hence good knowledge of the Evidence
Act comes handy for the lawyers.
d) Statement of the Accused is recorded u/sec.313 of the
Criminal Procedure Code. This is a stage where the
Court frames questions upon the incriminating
circumstances that can be seen from the evidence and
affords an opportunity to the accused to explain as to
why a particular witness is stating or deposing against
him/her. The said procedure is not conducted by
tendering oath to the accused as the same would be
against the basic principles of self-incrimination.
e) Defence of the Accused is the next stage of the trial.
After considering the 313 of the accused the defence
counsel would decide whether to tender any witnesses
or evidence on behalf of the accused.
f) Arguments of the prosecution and the defence whereby
both the sides would try to impress upon the Court as
to haw the prosecution has proved its case beyond
reasonable doubt and the defence would emphasise
upon how the case would be fit under the concept of

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 Benefit of doubt with the help of various case law and
the precedents.
g) Judgment whereby the Court decides whether the
accused is guilty or not guilty.
h) Sentence- if the Court holds the accused guilty the
Court would afford the accused an opportunity to hear
on the point of sentence and then passes the sentence.

vi) As far as the trial is concerned and the role of evidence is

to be understood in a trial, one has to know that in
criminal jurisprudence the prosecution has to prove the
case beyond reasonable doubt but the evidence that can
be led by the accused can be based upon the principled
of preponderance of probabilities. In short burden upon
prosecution to prove the case is heavy. The accused has
to bring his case within the parameters of preponderance
of probabilities i.e., create a doubt in the mind of the
Court. The prosecution has to prove the case either to be
black or white but the defence has to bring the case in
the grey area. Sections from 101 to 106 lay down the
general principles of burden of proof. Further 114
provides the concept of presumption and adverse
inference upon failure to provide evidence. There is a
concept of Estoppel i.e, once an admission is made a
person cannot retract upon the same and in case of
retraction, the same i.e., the earlier admission in the form
of oral or documentary shall become an impediment. Also
one most important cardinal rule of Indian Evidence Act

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is that documentary evidence shall prevail over oral
evidence. Important provisions of rules of evidence are
that under the chapter of relevancy of facts and it is one
of the most complex chapters which even I have to
understand in totality. One has to understand what
admissibility is and what is relevancy as there exists a
deep connection between what is admissible and what is
relevant.
There are certain provisions like Section 32 onwards
which deal with the last statements of the persons whose
presence cannot be secured before the Court of Law or
the statement given by a person who has died after giving
his statement. This concept of dying declaration has
played a major role in the cases of dowry death cases
wherein the victim of such cruelty ie., the burning of
bride or strangulation etc…. such have in the form of
oral, visual or written chits have made a deep impact
upon the lives of many.
Another important aspect of Evidence Act is that under
Section 24, 25 and 26 of the Indian Evidence Act any
confession or statement made by the accused person
whilst in the custody of the police is not admissible before
the court of law. But Section 27 of the Act allows or
permits so much of such which leads to the discovery of
fact i.e, weapon used in the offence, stolen jewels, articles
etc upon statement made by the accused is admissible
before the Court of Law but should be proved before the
Court of Law. The principle of the same is that only the

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person who has committed an act and thereby concealed
such weapon of offence or stolen articles would have the
special knowledge of concealing the same but again the
same is subject to being proved in the Court of Law by
the prosecution. Further the various concepts like
relevancy of facts, re gestae, hearsay evidence,
admissibility and relevancy are the important things
which are to be mastered by the lawyer.

Hence to conclude, it is necessary to understand the

various aspects of Indian Penal Code, Criminal Procedure
Code and the Indian Evidence Act in a holistic manner to
conduct a trial and as well the brief knowledge of the
same to each individual is necessary to understand what
and how the system works and functions.

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