Difference between Indian Penal Code and Code of Criminal Procedure

Society is a group of people living together and the basic need of human beings is peace and security. However, human nature is competitive and self-assertive, due to which conflicts in society take place disturbing the peace and harmony of the same. Thus, to stop the people from disturbing society's peace and from indulging in any criminal activities, the Indian Penal Code and Code of Criminal Procedure were enacted during the British Raj in India, which prescribed punishments for the offenses and laid down the procedure to be followed in a criminal case.
 

What is the Indian Penal Code?

The Indian Penal Code is the official code that covers the substantive aspects of criminal law. It came into force in the year 1860, during the British Raj. The Code, since then, has been amended several times and is supplemented by other criminal provisions. IPC is sub-divided into 23 chapters and comprises 511 sections. The objective of the IPC is to provide a general penal code for India. It defines the crime - for eg. theft (Section 375) and also gives the punishments for these crimes - for eg. Section 379.

What is Criminal Procedure Code?

The Code of Criminal Procedure or the CrPC is the main legislation that provides for the administration of substantive criminal law (as given under IPC and other criminal provisions). The CrPC was enacted in 1973 and came into force on April 1, 1974. It provides the procedures or the machinery to be followed for arrest and apprehension, investigation of the crime, bail provisions, maintenance to be provided to children/wife/parents, judges at different levels of courts, etc. It consists of 484 Sections divided into 37 chapters, 2 schedules, and 56 forms.
 

Difference between the Indian Penal Code and Code of Criminal Procedure

The Indian Penal Code is a substantive law. Substantive law is a law that defines the rights and liabilities in civil law and crimes and punishment under criminal law. Therefore, the Indian Penal Code is the law that states the punishable offenses along with their punishments or penalties or both. It explains all possible crimes and their related punishments. Under this code, the punishments are divided into five major sections, i.e. death, imprisonment for life, imprisonment in general, forfeiture of property, and fine. However, the Code of Criminal Procedure is procedural law. Procedural law is a law that lays down the set of procedures for the enforcement of substantive law. Therefore, the Criminal Procedure Code is the law that describes the overall procedure which is to be followed by the Courts in a criminal case. It deals with the set of rules that direct the series of proceedings that take place during a criminal offense. It aims at setting up the necessary machinery for investigating cases, arresting criminals, presenting criminals before the courts, collecting evidence, imposing penalties or punishments on the accused, the entire procedure regarding bail, and so on. Irrespective of the differences between the two codes, the applicability of one without the other is impossible. While IPC defines the criminal offenses along with the penalties for the same, CrPC states the procedure for undertaking the criminal charge along with the conviction or acquittal of the accused. The code of criminal procedure is a complementary law to the primary Indian Penal Code.
 

How can a lawyer help?

Being charged with a crime is a serious issue. A person facing criminal charges risks severe penalties and consequences, such as jail time, having a criminal record, and loss of relationships and future job prospects, among other things. For criminal matters, it is best to take the legal advice of a qualified criminal lawyer who can protect your rights and secure the best possible outcome for your case. Owing to his/her experience in such cases, a criminal lawyer is an expert in dealing with the complexities involved in cases of mental cruelty and this is why having a criminal lawyer by your side to guide you with a case like this always adds up to your potential in dealing with the case. You can also ask a lawyer online a free legal question using LawRato's Ask a Free Question service.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

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