What is the difference between CrPC and IPC?

Law generally has been divided into 2 parts: substantive and procedural. The same goes to criminal law. Indian Penal Code, 1860(hereinafter IPC) defines the categories of crime and provides punishment for them. On the other hand, Code of Criminal Procedure, 1973(hereinafter CrPC) deals with the procedure.

As a citizen of India, every Indian should be aware of its laws. The aware citizen follows the laws more carefully. Regarding the awareness of the law, one must know the basic difference between substantive law and procedural law. These both go hand in hand. Without substantive law procedural law will be of no use and vice versa.

The Republic of India incorporates substantive criminal law entitled. The IPC, also known as Indian Penal Code No. 45 of 1860.. The corresponding procedural legislation of the IPC is the Code of Criminal Procedure No 2 of 1974, or the CrPC.

The legal system in India is adversarial in that it is a system of criminal justice in which conclusions as to liability are reached by the process of trial of prosecution and defence. In such a system, the onus of proof regarding the guilt of the accused is on the State and the court plays no part in the investigation of the case. Until the accuser's guilt is established beyond a reasonable doubt, they are presumed innocent. The process has basically three stages which are investigation, which is done by a police officer, inquiry which is done by a magistrate and trial which is done by the court.

The Indian Penal Code (IPC), number 45 of 1860:

IPC was enacted for purposes of providing a general penal code for India excluding the States of Jammu and Kashmir, which defines all crimes possible of being committed within India along with their penalties. The IPC is applicable to anyone in India or to those who are accountable under Indian law. It has a broader application. It applies to Indian citizens who are out of India. According to section 3 read with section 4 explanation a  if an Indian Citizen committed crime without or beyond India if that act is a crime in IPC then the person will be prosecuted for that offence in India wherever he found in India will be considered as the place where the cause of action has taken place. The offender will only be prosecuted in India if he was not prosecuted in that country. Moreover, there are five kinds of punishment which are given under IPC. These are:

• death (this relates to crimes such as “waging, or attempting to wage war, or abetting waging of war” against the government of India);
• imprisonment for life;
• imprisonment of 2 kinds, namely
• rigorous, that is, with hard labour; or
• simple;
• forfeiture of property; and
• A fine.

According to the 1974 Code of Criminal Procedure, No. 2 (CrPC):

The CrPC was enacted for purposes of consolidating the law relating to criminal procedure in India  excluding  the States of Jammu and Kashmir and only in certain circumstances to the state of Nagaland and the ‘tribal areas’). The CrPC provides for mandatory procedures relating to the investigation, apprehension of criminals, collection of evidence, procedure relating to arrest, trial and bail etc.

Difference:

• The IPC is a substantive law, whereas Crpc are a procedural law
• The Indian Penal Code states various crimes and classifies them into multiple categories. The Code also prescribes the penalties and the punishment for the respective offences. On the other hand, the Criminal Procedure Code defines the procedure that the police take to investigate any violation of law after having committed any crime mentioned under the penal laws. For example, in cases of murder, what all acts amounts to murder and what is the punishment of murder and whether the act is culpable homicide or murder is defined under IPC but after committing murder what all procedure need to be taken like registration of FIR which is provided under section 154 of CrPC and how to investigate the case, procedure relating to trial, if complaint has been made to magistrate then the procedure for dealing with complaint are all provided under CrPC.
• The Indian Penal Code  provides a primary penal code in the country for giving punishment to the wrongdoers. On the other hand, the Criminal Procedure Code’s main motive is to provide for binding procedures that must be followed during the administration of a criminal trial in achieving justice.
• The Criminal Procedure Code, 1973 provides for the courts and Magistrates powers, while the Indian Penal Code does not provide any such power.

In dealing with court cases, a person has to appoint a lawyer. There are specific types of lawyers based on the charges in the case. For example, a case has been going on in Mumbai and bail is required, then Bail Lawyers In Mumbai should be appointed. If the case is about murder, then a Criminal Lawyers In Mumbai should be appointed and if the case is regarded divorce then Divorce Lawyers in Mumbai should be appointed.

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