MEANING, DEFINITION AND FUNCTIONARIES UNDER THE CR.P.C

Abstract

This legal research paper examines the intricate legal provisions which are practised and exercised in all the procedural regulations made for victims and culprits in the criminal matter. The Code of Criminal Procedure (Cr.P.C.) is the backbone of criminal justice systems in various jurisdictions, providing a structured framework for the administration of criminal law. This research paper delves into the nuanced understanding of the meaning, definition, and functionaries delineated within the Cr.P.C. This paper begins with the fundamental concepts and principles embedded within the Cr.P.C., highlighting its significance as a legal instrument for the regulation of criminal proceedings.

Moreover, the research critically evaluates the role and functions of various functionaries empowered by the Cr.P.C., including law enforcement agencies, judicial officers, prosecutors, and defence counsel. It explores their respective duties, powers, and responsibilities in upholding the principles of justice, fairness, and due process enshrined within the Cr.P.C.

This research contributes to a comprehensive understanding of the Cr.P.C. and its pivotal role in shaping criminal justice systems. It underscores the imperative of ensuring procedural clarity, accountability, and adherence to constitutional principles in the administration of criminal law under the Cr.P.C.

Keywords

Defence Council, Prosecutors, Indian Courts and Judges, Criminal Procedure, Justice, Regulations

Introduction

The Code of Criminal Procedure (Cr.P.C.) is a fundamental legal document that governs the procedures for the investigation and adjudication of criminal cases within a jurisdiction. In many countries, including India, Criminal Procedure Codes serves as a crucial tool for ensuring justice and maintaining the rule of law. In India, Cr.P.C. came into existence in 1973, but even before this time; there were multiple codes and criminal procedures that were prevailing in the country. Nevertheless, this Cr.P.C. is a compilation of all the acts and procedures that preceded it. Cr.P.C. outlines the procedural aspects of criminal law, including the powers and duties of law enforcement agencies, the rights of the accused, and the process of trial and appeal. It provides guidelines for the conduct of investigations, the arrest and detention of suspects, and the presentation of evidence in court.

One of the key principles underlying the Cr.P.C. is ‘the presumption of innocence’, which means that a person accused of a crime is considered innocent until proven guilty beyond a reasonable doubt in a court of law. The Cr.P.C. also emphasizes the importance of due process, fairness, and the protection of individual rights throughout the criminal justice process.

The Cr.P.C. is continuously updated and amended to address new challenges and reflect evolving legal norms and societal values. Its implementation is crucial for ensuring that criminal cases are handled fairly, efficiently, and in accordance with the principles of justice and human rights. In the recent developments, Cr.P.C. is being replaced by The Bharatiya Nagarik Suraksha Sanhita, 2023; which is primarily the same Act, but some new sections are added and old are rearranged.

Functionaries under Cr.P.C.

The Code of Criminal Procedure,1973 have defined and given recognition to various functionaries for the proper functioning of the Code in the country of India. These functionaries are broadly are known as the ‘Police’, the ‘Prosecutors’, the ‘Court’, ‘Defence Council’ and the ‘Prison Authority and Correctional Services’. Cr.P.C. defines all their functions and also their duties in broad details.

The Police

Law enforcement agencies, such as the police, play a central role in the initial stages of the criminal justice process, tasked with the responsibility of conducting investigations, apprehending suspects, and gathering evidence. The Cr.P.C. delineates the powers and duties of law enforcement officers, empowering them to exercise authority in accordance with prescribed legal procedures and safeguards. However, law enforcement agencies often face challenges related to resource constraints, institutional capacity, and accountability, which can impact the effectiveness and integrity of criminal investigations. The Police Act of 1861 provides a definition for the term “police,” as it is not included in the Criminal Procedure Code.

The Court provided directions for the reform of the police in Prakash Singh v. Union of India[1]. The primary duties of the police are to deter criminal activity and uphold social harmony.

A person may be arrested without a warrant under Section 151[2] of the Code of Criminal Procedure, but they cannot be held in custody for longer than 24 hours after being arrested.

Section 154[3] provides a regulation for female police officer to arrest female accused in cognizable offences. The police in charge of the cognizable offense within their jurisdiction are authorized by Section 156[4] of the Code to conduct an investigation into the matter without a magistrate’s direction. Various other sections help the court and police to distinguish each other and job of each other.

Police Function under the CrPC:

To file the FIR following the gathering and recording of all relevant data.
To carry out an initial investigation at the scene of a crime.
Arresting the defendant.
To appear in court with the accused within a day.
To file a charge sheet following the conclusion of the inquiry.
To support law enforcement.

The Defence Counsel

The accused is entitled to free legal help under Article 22[5] of the Indian Constitution. A person who was taken into custody by the police is entitled to legal representation during their defence. The accused has the right to defend himself when he is detained and has his freedom restricted; this is a fundamental right. The right to designate defence counsel is covered in Section 303[6] of the Criminal Procedure Code. If the accused is not represented by a defence attorney, the court may examine the provided evidence and ask questions during cross-examination to ascertain the truth.

State of Madhya Pradesh v. Shobharam[7] established that a law is deemed to be against the people if it restricts their ability to defend themselves.

The Prison Authorities and Correctional Services Personnel

The Prison Act of 1900 is put into effect to regulate the actions of the prison administration. The Code of Criminal Procedure does not apply to this power. The purpose of the Act is to give the prison guard the authority to hold the condemned individual. The officer in charge is authorized by Section 3[8] of the Prison Act to hold the convicted individual in custody until the conclusion of their sentence. The State Government has the right to name the jail authority, and the Management Correctional Services sets the wages for the inmates. The Prison power and its linked areas are described in terms of laws like the Boltei School Act, the Prison Act of 1894, the Prisoner Act of 1900, and probation.

The Indian Courts

The territorial demarcation of the country provides us with the division of Courts in the nation that includes the Supreme Court as an apex institution, High Court for each state and various courts including ‘Court of Sessions’, and that of ‘Judicial Magistrate’ 1st class, 2nd class, and ‘Executive Magistrates’ at the district levels.

Moreover, a special need for big metropolis like Mumbai, Delhi, Calcutta etc, separate divisions are made and Metropolitan Magistrate’s Courts functions there.

In India, the Code of Criminal Procedure (Cr.P.C.) defines and establishes various levels of courts to administer criminal justice. These courts are organized hierarchically and have specific jurisdictions and powers as outlined in the Cr.P.C. Here are the main types of courts defined in the Indian legal system according to the Cr.P.C.:

Court of Session: The Court of Session[9] is the highest criminal court in a district[10] and is presided over by a Sessions Judge. It has the authority to try serious criminal offenses, including those punishable by death or imprisonment for life. The Sessions Court conducts trials based on evidence presented before it and can also hear appeals against judgments of Magistrate Courts.
Magistrate Courts: Magistrate Courts are subordinate to the Court of Session and are presided over by Judicial Magistrates or Executive Magistrates. They are responsible for trying less serious criminal cases, including offenses punishable by imprisonment of up to seven years. Magistrate Courts can also issue warrants, conduct inquiries, and grant bail to the accused.
Judicial Magistrate: Judicial Magistrates primarily handle trials of criminal cases and have the authority to pass sentences within their jurisdiction.
Executive Magistrate: Executive Magistrates are responsible for maintaining public order, enforcing laws, and addressing administrative matters. They can also exercise certain judicial functions, such as issuing search warrants and imposing fines for certain offenses.
High Courts: Each state in India has a High Court that serves as the highest judicial authority within the state. The High Court[11] has original jurisdiction, appellate jurisdiction, and supervisory jurisdiction over lower courts within its territorial jurisdiction. It can hear appeals from lower courts and also has the power to review their decisions.
Supreme Court: The Supreme Court of India[12] is the highest judicial body in the country and serves as the final court of appeal. It has original jurisdiction over matters involving constitutional interpretation, disputes between states, and other significant issues. The Supreme Court also hears appeals from High Courts and can review their judgments.

These courts, as defined by the Cr.P.C., form the core of the Indian criminal justice system and play crucial roles in adjudicating criminal cases, ensuring the rule of law, and safeguarding the rights of citizens. Their jurisdiction, powers, and functions are outlined in detail within the provisions of the Cr.P.C.

The Prosecutors

The appointment and qualifications of the Public Prosecutor and Assistant Public Prosecutor are outlined in Sections 24 and 25[13] of the Criminal Procedure Code. The appointment of prosecutors to handle prosecutions in state and other processes in High Court, Sessions Court, or Court of Magistrate is a power that both the Central and State Governments possess.

Public Prosecutor:

In High Court:

Following discussions with the High Court, the Central and State Government designates a Public Prosecutor (PP) and an Additional Public Prosecutor (APA). They are designated to oversee the prosecution and other government processes at the state or federal levels. If a candidate has at least seven years of experience as an advocate, they may be appointed as Public Prosecutor or Additional Public Prosecutor.

In Sessions Court:

A list of candidates for the position of Public Prosecutor or Additional Public Prosecutor of the Sessions Court is prepared by the District Magistrate (Collector), in collaboration with the Sessions Court Judge. For the Sessions Court, the Central and State governments may designate one or more PPs as well as APAs. The lawyer must have at least seven years of experience in order to be appointed as a PP or APA.

In Abdul Khader v. The State of Kerala[14], it was decided that a district magistrate could not add a name to the appointment of an additional public prosecutor without first consulting the sessions judge, nor could he remove a name from the panel if the sessions judge had recommended it.

Special Public Prosecutor:

In some cases, a Special Public Prosecutor may be named. The Special Public Prosecutor is appointed by both the Central and State Governments to handle any case; the prosecutor must have at least ten years of experience as an advocate.

Assistant Public Prosecutor:

Assistant Public Prosecutors may be appointed by the State Government to handle cases in various districts. They cannot operate as an independent advocate; their only authority is to prosecute cases on behalf of the state. He is regarded as an employee of the government full-time. The district collector may designate an assistant public prosecutor to handle a case if there are no public prosecutors available. An assistant public prosecutor may be appointed by a police officer; however, the officer must hold the level of Inspector or higher.

Conclusion

The effective functioning of functionaries under the Code of Criminal Procedure (Cr.P.C.) is essential for upholding the rule of law, safeguarding individual rights, and promoting the administration of justice.

Law enforcement agencies, judicial officers, public prosecutors, and defence counsels play distinct yet interconnected roles in ensuring the fair and impartial resolution of criminal cases. However, they must navigate a myriad of challenges and complexities inherent in the criminal justice process, including resource constraints, procedural delays, human rights violations, and technological advancements.

Addressing these challenges requires a concerted effort to strengthen institutional capacity, promote accountability, and uphold the principles of fairness, equity, and due process. By empowering functionaries and fostering collaboration among stakeholders, we can enhance the integrity and effectiveness of the criminal justice system, thereby promoting public trust and confidence in the rule of law.

References

Criminal Procedure – R.V. Kelkar’s Criminal Procedure (6th ed.) [English]. EBC.
perugu, V, (2018, October 3). Major Functionaries under the Code of Criminal Procedure, Legodesk, https://legodesk.com/legopedia/functionaries-under-criminal-procedure-code/
Ratanlal & Dhirajlal The Code of Criminal Procedure (23rd ed.) [English]. LexisNexus.
Srivastava, S, (2020, May 14), Functionaries under the Code of Criminal Procedure,1973, Law column, Law Column. https://www.lawcolumn.in/functionaries-under-the-code-of-criminal-procedure1973/
Functionaries of Code of Criminal Procedure, Functionaries of Code of Criminal Procedure, https://legalraj.com/articles-details/functionaries-of-code-of-criminal-procedure
Garg, K., & Siddiqui, L, (2021, March 10). A Study of Functionaries under the Code of Criminal Procedure, 1973, Legal Readings, https://legalreadings.com/a-study-of-functionaries-under-crpc/
P, M. (2020, August 21), Functionaries under CrPC and their powers – Law Times Journal, Law Times Journal, https://lawtimesjournal.in/functionaries-under-crpc-and-their-powers/
Sunny, S. (2021, July 6). Role of Different Functionaries Under The Code. Role of Different Functionaries Under the Code. https://www.legalbites.in/role-of-different-functionaries-under-the-code/
The organization of the functionaries under CRPC; their duties, functions and powers. (n.d.). The Organization of the Functionaries Under CRPC; Their Duties, Functions and Powers. https://legalserviceindia.com/legal/article-8676-the-organization-of-the-functionaries-under-crpc-their-duties-functions-and-powers-.html

[1] Prakash Singh v. Union of India, (2019) 4 SCC 6

[2] The Code of Criminal Procedure, 1973, § 151

[3] The Code of Criminal Procedure, 1973, § 154

[4] The Code of Criminal Procedure, 1973, § 156

[5] The Constitution of India, 1950, Art. 22

[6] The Code of Criminal Procedure, 1973, § 303

[7] State of M.P. v. Shobharam, 1966 Supp SCR 239

[8] The Prison Act, 1900, § 3

[9] The Code of Criminal Procedure, 1973, § 28,29,30

[10] The Code of Criminal Procedure, 1973, § 9(12)

[11] The Constitution of India, 1950, Art. 214-231

[12] The Constitution of India, 1950, Art. 124-147

[13] The Code of Criminal Procedure, 1973, § 24,25

[14] Abdul Khader K. v. State of Kerala, 2014 SCC OnLine Ker 1452

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