Indian Penal Code provides the source legislation to deal with offenders who commit physical and intellectual crimes. But how to initiate proceedings and enforce the law? The answer to this question can be found from the contents of two other enactments. They cover in detail, the steps for filing of complaint, investigation and trial of criminal offences and the procedures for recording evidence in Court. The criminal procedures deals not only with lodging a complaint, investigation thereof and arrest the offenders under IPC, but also covers the rights of the accused or arrested person, the procedure for getting bail and for conducting trial in the different courts competent to deal with criminal law. The two enactments referred are:

1. The Code Criminal Procedure, 1973

2. The Indian Evidence Act, 1872.

Is it useful to know the various offences and the punishments provided therefor? The Police conduct investigation and lawyers the prosecution. Is it of interest for the common man to know all about these legal maze and conundrums, which aptly belongs to the realm of professional lawyers to study? The answer is that, if it is useful for the common man to know all about health care and disease prevention, while there are specialist doctors to look after us, why is it not equally worthwhile to know the basic information about the common law affecting our day to day life. We do approach the lawyer to enrich that knowledge and plan our action for redressal of the problems confronting us. Lawyers and doctors make themselves available for consultation on matters relating to their respective discipline and tendering expert advice. We make the decision and they offer thereafter a course of their services as per our request. Law deals with day to day matters affecting our lives. It is informative and hence will be interesting.

The common man should know the common law, the businessman the mercantile law, and the banker, the banking law. If we possess an academic knowledge of the law, it will be more beneficial to us, to interact and brief properly our lawyers, who possess a professional knowledge of law and legal practice. Even otherwise it is useful to know basic things, as the common man, though not having committed any offence, may at times unfortunately get trapped within the intimidating criminal justice system. It is of interest to know that all complaints investigated do not result in prosecution and all cases prosecuted do not result in proving the guilt and awarding punishment. It also happened that while a lower court gives a verdict of guilty on an accused, the higher court of appeal have reversed the decision and acquitted him.

We deal with the Code of Criminal Procedure here and will discuss about the Indian Evidence Act separately in another chapter.

The Code of Criminal Procedure commonly referred to, as CrPC is a procedural law. It deals with rules of investigation of crime, methods of conducting trials, provision for appeal etc. All offences under IPC are investigated and tried according to the provisions of Cr.P.C. The Act was originally passed in 1898 and was later amended in the year 1973. The Act of 1973 is applicable even today. The various provisions of the Act are also generally applicable to cases against public servants under the Prevention of Corruption Act, except in respect of specific provisions of the Act, which have been amended by the PC Act, 1988.

Various offences under both the Act are classified as "bailable offence" and "non-bailable offence", as also "cognizable offence" and "non-cognizable offence". Various offences under the Indian Penal Code and offences under other enactment are classified in Annexure 1 of the Code of Criminal Procedure, as bailable or non-bailable and cognizable or non-cognizable It also states the type of judicial courts, competent to conduct trial of each these offences.

The procedure for grant of bail in bailable offence is covered under Section 436 of the Code and in respect of non-bailable offence bail can be obtained as per procedure set in Section 437.

1. A cognizable offence is defined as an offence for which, and a "cognizable case" means a case for which a police officer may, in accordance with the First Schedule or under any other Law for the time being in force, arrest without warrant (Section 2(c)).

2. A non-cognizable offence is defined as an offence for which, and a "non-cognizable case" means a case for which a police officer has no authority to arrest without a warrant. (Section 2(l))

3. A warrant case means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.

4. A summons case means a case relating to an offence and not being a warrant case.

Chapter II of the Act deals with the different types of courts competent to try the offences. Every State will have the following classes of criminal courts besides High Court. (Section 6)

• Courts of Sessions

• Judicial Magistrate of First Class and in Metropolitan Cities, Metropolitan Magistrate.

• Judicial Magistrates of Second Class.

• Executive Magistrate.

The State Government shall establish a Court of Sessions for every sessions division. It is presided by a Sessions Judge appointed by the High Court. High Court may appoint Additional Sessions Judge and Assistant Sessions Judge who are subordinate to Sessions Judge. A session division may consist of one or more districts.

The High Court may, if requested by the Central or State Government confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a judicial Magistrate of the first class or second class in any local area, not being a metropolitan area. The appointment of Judicial Magistrates, will be subject to the person possessing such qualification or experience in relation to legal affairs as the High Court may by rules specify. In every district, not being a metropolitan area, the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate. The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of the Chief Judicial Magistrate, as the High Court may direct. Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge, and every other Judicial Magistrate shall subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.

The High Court shall in relation to every metropolitan area, within its local jurisdiction appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area. In every such metropolitan area, there shall be established as many Courts of Metropolitan Magistrate, as the State Government may after consultation with the High Court specify. The High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate, who will have all or any of the powers of the Chief Metropolitan Magistrate, as the High Court may decide. Every Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge, and every other Metropolitan Magistrate shall subject to the general control of the Sessions Judge, be subordinate to the Chief Metropolitan Magistrate.

In every district and in every Metropolitan area, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them as the District Magistrate. The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate will have such of the powers of the District Magistrate as the State Government may decide.

All Executive Magistrates, other than Additional District Magistrate, shall be subordinate to the District Magistrate and every Executive Magistrate (other than the sub-Divisional Magistrate) exercising powers in a sub-division shall also be subordinate to the sub-Divisional Magistrate, however, to the general control of the District Magistrate.

For every High Court the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors, for conducting in such court any prosecution, appeal or other proceeding on behalf of the Central or State Government, as the case may be. The Central Government may appoint one or more Public Prosecutors or the purpose of conducting any case or class of cases in any district or local area. The State Government may also appoint a public prosecutor and one or more Additional Public Prosecutors for each district The State Government may also appoint one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates. For appointment of Public Prosecutor or Additional Public Prosecutor, a person must be an advocate for not less than 7 years.

The District Magistrate in consultation with the Sessions Judge, prepare a panel of names of persons, who are in his opinion fit to be appointed as Public Prosecutors or Additional Public Prosecutors for the district. And such appointments will be made only from out of these names.

The powers of different Courts to pass sentences are as under:

• High Court may pass any sentence authorized by law. (Section 28 (1))

• Sessions Judge or Additional Sessions Judge may also pass any sentence authorized by law. But any death sentence passed by them is subject to confirmation by the High Court.(Section 28 (2))

• Chief Judicial Magistrate cannot sentence imprisonment for a term exceeding 7 years.(Section 29(1))

• First Class Magistrate cannot pass sentence of imprisonment for a term exceeding three years or fine exceeding Rs.5000/-. (Section 29 (2))

• Second Class Magistrate can pass a sentence of imprisonment for a term not exceeding one year or fine not exceeding Rs.1000/-.(Section 29(3))

• The court of the Chief Metropolitan Magistrate shall have the powers of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate rate of the first class. (Section 29 (4))