Do you know about IPC and CrPC, under what procedures the offender is arrested, for which offense what is the punishment, for how long the offender is kept in jail, when he is produced before the judge is, etc? Let us study about what is the difference between IPC and CrPC through this article.
Nowadays, newspapers, channels, and other social media platforms like Facebook, Twitter, etc. read and hear about criminal activities everywhere in the country and abroad like rape, murder, theft, dacoity, etc.
There is no doubt that every country has enacted certain laws to provide justice to the victims and punish the criminals.
As a citizen of India, it is important not only to know about the laws of the land but also to be well aware of them. It is important to know what type of law is applied in which crimes, what punishment is given to the offender, and why.
Even before that, it is necessary to know what the crime is like. So let us study what is Indian Penal Code (IPC) and Code of Criminal Procedure (CrPC) are and what is the difference between them.
What is IPC?
Indian Penal Code is also called Indian Penal Code, the Indian Penal Code, and Taj Irat-e-Hind in Urdu which was formed in 1860.
You must have seen in the movies that when the judges pronounce the sentence in the court, they say that the death sentence is given under the Taj Irat-e-Hind Dafa 302. This is nothing but the Indian Penal Code and Dafa means section or section.
These sections or sections are called consecutive numbers. Altogether there are 511 sections and 23 chapters in IPC i.e. it is divided into 23 chapters. Do you know that in 1834 the first law commission was formed? Its chairperson was Lord Macaulay. Under his chairmanship, the draft of IPC was prepared.
This law was passed in Parliament on 6 October 1860 and was fully implemented in 1862. Here for your information, let us tell you that there is no other criminal law in the country bigger than the world’s largest criminal collection ie IPC, so it is also called the main criminal code.
The main purpose of implementing the IPC was that the same type of law could be implemented all over India so that different regional laws would be replaced by a single code. The IPC law tells about the offenses and what will be the punishment for each of them and also gives information about the fine.
What is CrPC?
CrPC is called the Code of Criminal Procedure. This law was passed in 1973 and came into force on 1st April 1974. After the commission of any type of crime, there are two types of procedures that the police adopt to investigate a crime. One process takes place in relation to the victim and the other in relation to the accused.
These procedures have been described in the CrPC. The Code of Criminal Procedure can also be described as the machinery that provides a mechanism for the main criminal law (IPC). The details of the procedures are as follows:
- Investigation of crime
- Treatment of the suspects
- Evidence collection process
- Determining whether the offender is guilty
Let us study IPC and CrPC with the help of some examples.
Have you ever noticed while driving a vehicle or while walking on the road that it is written on the road that does not drive the vehicle more than this speed? Even on the National Highway, the speed of driving the vehicle is written on the road like 90km/hr or 100km/hr can be anything.
If you break this speed limit or drive faster than this then you are breaking the law. Let us tell you right here that section 279 of IPC says that there is a provision of punishment for rash driving or negligent driving i.e. it is a punishable offense and it can be punished with imprisonment of 6 months or 6 months.
What is the difference between IPC and CrPC?
The law is divided into two parts or segments:
1. Substantive law
2. Procedural Law
Fundamental law and procedure law are further divided into civil law and criminal law. In Urdu, civil law is called civil law and criminal law is called criminal law. IPC is a Substantive law and CrPC is a Procedural Law.
What do IPC and CrPC laws say? IPC defines the offense and provides for punishment i.e. it defines offenses and provides punishment for it. It lists various offenses and their punishment.
At the same time, CrPC tells about the procedures done for the criminal case. Its aim is to strengthen the law relating to criminal procedures.
Do you know what a crime is? Let us understand this with an example.
Suppose 5 people stopped a man on the road and threatened him and took away the watch, money, and chain, etc., and news is published in the newspaper that five people robbed a man of all the mangoes.
So is this a robbery?
Similarly, see another example that two people enter any bank at night and take out Rs 2 crore by breaking the lock and it is published in the newspaper that two people robbed the bank.
So is this a robbery? Let us tell you that both this news are printed wrong, neither it was a robbery nor a robbery. Now to know which of these crimes happened then, one has to study the chapters given in IPC.
According to IPC, if five people robbed somewhere together, then it is robbery, that is, those five people who stopped that man and took his goods from him, then it was a robbery and in the other two people who entered the bank, according to IPC two people Never commit a robbery.
It is necessary to have at least five people commit dacoity. Intimidating and threatening someone is done during the robbery.
Two people in the bank withdrew money in the night, for this they neither intimidated nor threatened anyone, so it is not a robbery but a theft.
If during the day these two people would have taken money at gunpoint by intimidating the guards or people, it would have been a robbery and if there were five people then there would have been a robbery. About all these things or u say that the definitions of all these are found in the IPC.
If someone commits theft, then under section 379 of the IPC, there can be imprisonment for 3 years and a fine. But if the theft occurs in any house or building or in any premises, then under section 380 of IPC, 7 years of imprisonment can be given.
Now what is the crime, what will be the punishment, you must have known about that crime, but what will be the process for this i.e. how will the offender be arrested, collect evidence, how bail will be given, application for bail will be given, accused Determining the guilt or innocence of a person.
What are the functions of the police, what are the functions of a lawyer and a magistrate, the manner of arrest, the number of days a person will be kept in jail after an arrest, when he has to be produced before a magistrate, etc?
All the things come under the process and will be found in the CrPC. In short, it is inquiry, trial, bail, inquiry,
The difference on the Basis of:
CrPC – The Code of Criminal Procedure (CrPC) in India is a procedure to regulate the criminal law procedure, which must be followed during a criminal case.
IPC – The Indian Penal Code or IPC refers to the provision of laws relating to arrest, arrest, and punishment for all criminal activities applicable in the country.
CrPC – Procedural Law
IPC – Substantive law
CrPC – To strengthen the law relating to criminal procedure.
IPC – The main objective of implementing the IPC was to introduce a uniform penal code across India so that different regional laws could be replaced by a single code.
CrPC – It explains the different types of procedures taken in a criminal case.
IPC – It lists various offenses and their punishment.
So now you must have come to know that IPC defines the criminal offense with punishment and CrPC is the Civil Procedure Code of Indian Evidence Act etc. There is no doubt that the criminal law procedure is a complementary law to the primary criminal law.