The Code of Criminal Procedure, 1973
ARRANGEMENT OF SECTIONS
CHAPTER I: PRELIMINARY
Section 1: Short title, extent and commencement.
Bare Act
Code of Criminal Procedure, 1973
1. Short title, extent, and commencement
(1) This Act may be called the Code of Criminal Procedure, 1973.
(2) It extends to the whole of India * * * :
Provided that the provisions of this Code, other than those relating to Chapters VIII, X and XI thereof, shall not apply -
- (a) to the State of Nagaland,
- (b) to the tribal areas,
but the concerned State Government may, by notification, apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification.
Explanation. - In this section, "tribal areas" means the territories which immediately before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong.
(3) It shall come into force on the 1st day of April, 1974.
STATE AMENDMENT
Haryana
In the Code of Criminal Procedure (Haryana Amendment) Act, 2014, -
In section 1, after figures "2014", the words "as extended to the Union territory of Chandigarh" shall be inserted ;
Vide Notification No. GSR929 (E) dated 16th December, 2019.
Simplified Act
Code of Criminal Procedure, 1973
1. Short title, extent, and commencement
(1) This law is called the Code of Criminal Procedure, 1973.
(2) It applies to all of India, except:
- (a) the State of Nagaland,
- (b) certain tribal areas,
However, the State Government can decide to apply parts of this law to Nagaland or the tribal areas by issuing a notification. They can also make changes to the law as needed for these areas.
Explanation. - "Tribal areas" refers to regions that were part of Assam's tribal areas before January 21, 1972, except for the municipality of Shillong.
(3) This law started on April 1, 1974.
STATE AMENDMENT
Haryana
In the Code of Criminal Procedure (Haryana Amendment) Act, 2014, -
In section 1, after the year "2014", the words "as extended to the Union territory of Chandigarh" are added;
This was notified by Notification No. GSR929 (E) on December 16, 2019.
Explanation using examples
Example 1:
Scenario: A new law student named Priya is studying the Code of Criminal Procedure, 1973, and wants to understand its applicability.
Explanation: Priya learns that the Code of Criminal Procedure, 1973, is a comprehensive law that governs the procedure for the administration of criminal justice in India. It is applicable throughout India, except for the State of Nagaland and certain tribal areas, unless the State Government issues a notification to apply it there. For instance, if the State Government of Nagaland decides that certain provisions of the Code should apply to the state, it can issue a notification specifying which parts of the Code will be applicable and any modifications needed.
Hypothetical Scenario: The Government of Nagaland issues a notification stating that the provisions of Chapter X of the Code of Criminal Procedure, 1973, which deals with the maintenance of public order and tranquility, will now apply to the entire state with certain modifications. This means that the procedures for handling public disturbances in Nagaland will now follow the guidelines set out in Chapter X of the Code, as modified by the state government.
Example 2:
Scenario: Rajesh, a resident of Haryana, is curious about how the Code of Criminal Procedure, 1973, applies to the Union Territory of Chandigarh.
Explanation: Rajesh finds out that the Code of Criminal Procedure, 1973, has been amended by the Haryana State Government to extend its applicability to the Union Territory of Chandigarh. This means that the procedural laws for criminal cases in Chandigarh will follow the same rules as those in Haryana, as per the Haryana Amendment Act, 2014.
Hypothetical Scenario: A criminal case is filed in Chandigarh, and the procedures followed by the police and the courts are in accordance with the Code of Criminal Procedure, 1973, as amended by the Haryana State Government. This ensures uniformity in the administration of criminal justice between Haryana and Chandigarh.
