Explore the Key 15 Difference between IPC and CRPC
IPC (Indian Penal Code) and CRPC (Code of Criminal Procedure) are two important legal frameworks that govern criminal matters in India. While IPC primarily deals with defining and punishing criminal offenses, CRPC lays down the procedures and guidelines for the investigation, trial, and punishment of these offenses. Here are 15 key difference between IPC and CRPC, explained in simple terms that will help you to understand in simpler way for your upcoming exams:
15 Difference between IPC and CRPC
IPC is concerned with how crimes are classified and punished, whereas CRPC is concerned with the processes and guidelines that must be followed during the investigation, court proceedings, and sentencing of those crimes.
Legal Status: The CRPC is a procedural law that specifies the steps to be taken in criminal cases, whereas the IPC is a substantive law that specifies offences and their punishments.
IPC is broken up into several chapters, each of which focuses on a particular crime, such as theft, murder, etc. The criminal justice system’s procedural aspects are outlined in a number of sections of the CRPC, on the other hand.
IPC provides comprehensive definitions of a variety of criminal offences, along with the elements that must be present for those offences to be committed. Instead of defining crimes, the CRPC concentrates on the process that must be followed when handling criminal cases.
The IPC outlines the punishment for each offence, which may include incarceration, a fine, or both. Instead of dealing with punishment, the CRPC describes how it will be administered once an offence has been established.
Investigation: The CRPC gives police instructions on how to conduct an investigation, including making an arrest, conducting a search and seizure, taking statements, etc. IPC focuses on defining the offences rather than delving into investigation processes.
Trials: The CRPC lays out the guidelines and steps that must be taken during the trial, including calling witnesses, questioning and cross-examining them, recording the evidence, etc. The IPC makes no mention of trial procedures.
IPC is applicable to the entire nation, whereas CRPC only applies to the rest of India—Jammu and Kashmir is covered by a different set of laws.
Law enforcement: The police are primarily responsible for enforcing IPC; they file complaints, carry out investigations, and make arrests. The judiciary, which controls the legal system and ensures justice and a fair trial, carries out the CRPC.
IPC has undergone numerous amendments to take into account societal and legal advancements. Additionally, changes have been made to the CRPC to address procedural issues and ensure just and effective justice administration.
IPC is based on criminal law principles like actus reus (guilty act) and mens rea (guilty mind). The presumption of innocence, due process, and a fair trial are the cornerstones of the CRPC.
Legal Offences: The IPC deals with crimes against the nation, society, and people as a whole, including homicide, theft, and fraud. The CRPC does not specify what constitutes an offence; instead, it concentrates on how criminal cases are handled.
Review and Appeal: The CRPC contains provisions for reviews and appeals against decisions and orders made by lower courts. The appeals procedure is not covered by IPC.
Legal Rights: While CRPC emphasises the rights of the accused, such as the right to a fair trial, legal representation, etc., IPC focuses on defining offences and punishments.
Criminal Jurisdiction: While the CRPC establishes the procedure that must be followed by these courts, the IPC establishes the criminal jurisdiction of the courts based on the seriousness of the offence.
The CRPC describes the processes and guidelines for investigating, prosecuting, and punishing those crimes while the IPC defines crimes and their punishments. For a thorough understanding of India’s criminal justice system, it is essential to understand the difference between the IPC and CRPC.