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The Code of Criminal Procedure, commonly called Criminal Procedure Code (CrPC), was the main legislation on procedure for administration of substantive criminal law in India. [1] It was enacted in 1973 and came into force on 1 April 1974. [ 2 ]
The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India. The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules.
Most countries make a clear distinction between civil and criminal procedure. For example, a criminal court may force a convicted defendant to pay a fine as punishment for their crime, and the legal costs of both the prosecution and defence. But the victim of the crime generally pursues their claim for compensation in a civil, not a criminal ...
Courts of Judicial Magistrate of Second Class are at the lowest hierarchy of the Criminal Court structure in India. [1] According to the Section 11 of the Criminal Procedure Code, 1973 (CrPc), a Court of Judicial Magistrate of Second Class may be established by the State Government in consultation with the High Court of the respective state at such places in the district and in any number by a ...
The territorial and pecuniary jurisdiction in civil matters is usually set in concerned state enactments on the subject of civil courts. On the criminal side, jurisdiction is exclusively derived from the criminal procedure code. As per this code the maximum sentence a sessions judge of district court may award to a convict is capital punishment.
Jury trials in India were gradually abolished during the 1960s, culminating with the 1973 Criminal Procedure Code, which remained in effect in the 21st century. [ 16 ] Evolution of independent judiciary
According to the Section 11 of the Criminal Procedure Code, 1973 (CrPc), a Court of Judicial Magistrate of First Class may be established by the State Government in consultation with the High Court of the respective state at such places in the district and in any number by a notification. [1]
Courts of Metropolitan Magistrate are at the second lowest level of the Criminal Court structure in India According to the Section 16 of the Criminal Procedure Code, 1973 (CrPc),in every metropolitan area, there shall be established as many courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court, by notification, specify.