Indian Penal Code is the law that states the punishable offences in India, along with their punishments or penalty or both. As opposed, Criminal Procedure Code pertains to the law that describes the overall procedure which is to be followed while undertaking a criminal case.
Nowadays, everywhere in the newspapers, news channels and other social media platforms, like facebook, twitter, etc. we come to know about the criminal activities that take place in our area or country such as rapes, murders, thefts, accidents, cyber attack, terrorist activities and so forth. To provide justice to the victims, every country has enforced certain laws for punishing the wrongdoer.
IPC and CrPC are two such laws which are created during the British Raj in India, which help the plaintiff to get justice. Read out this article excerpt to know the difference between Indian Penal Code (IPC) and Criminal Procedure Code (CrPC)
Content: Indian Penal Code (IPC) Vs Criminal Procedure Code (CrPC)
|Basis for Comparison||Indian Penal Code (IPC)||Criminal Procedure Code (CrPC)|
|Meaning||Indian Penal Code or IPC refers to the basic criminal law enforced in the country to cover all sort of criminal activities and provide remedy to them.||Criminal Code Procedure (CrPC) implies the law enforced in India for regulating criminal law procedure, that should be followed during a criminal case.|
|Type||Substantive Law||Procedural Law|
|Objective||To provide a common penal code.||To strengthen the law concerning criminal procedure.|
|Role||It lists out various crimes and their punishment.||It lays down the steps that are followed for a criminal case.|
Definition of Indian Penal Code (IPC)
Indian Penal Code popularly known as IPC is the primary criminal law of India, that takes into account every material aspect of the criminal law. It was enacted in the year 1862, during the British period, since then it has been amended many times. It defines all possible crimes and their related punishments that can take place in the country.
The code was divided into twenty-three chapters, which encompasses 511 sections, covering different types of offences, penalties, punishments and exceptions. Under this code, the punishments are divided into five major sections, i.e. death, imprisonment for life, general imprisonment, forfeiture of property and fine.
The law applies to every individual who is an Indian origin, except the persons belonging to the Indian army, as they cannot be charged as per IPC.
Definition of Criminal Procedure Code (CrPC)
Criminal Procedure Code can be described as the fundamental law on the procedure for the regulation of criminal law in India. It is concerned with the set of rules that administer the series of proceedings, that take place during a criminal offence.
Criminal Procedure Code aims at providing the proper mechanism for the imposition of criminal law in the country, by setting up the necessary machinery for arresting criminals, investigating cases, presenting criminals before the courts, collecting evidence, determining the guilt or innocence of accused, imposing penalties or punishments, on the accused. In short, it describes the entire procedure for investigation, trial, bail, interrogation, arrest and so on.
Further, it lays down the classes of criminal courts, i.e. high courts, courts of session, judicial magistrate of the first class, judicial magistrate of the second class, executive magistrate wherein different types of offences are brought for trials. Besides these courts, supreme courts have the ultimate power. Moreover, there is a limit of sentences which these courts can pass.
Key Differences Between Indian Penal Code (IPC) and Criminal Procedure Code (CrPC)
The following points explain the difference between Indian Penal Code (IPC) and Criminal Procedure Code (CrPC)
- Indian Penal Code, shortly known as pertains to the fundamental criminal law enforced in the country that considers all types of criminal activities and provides justice to them. Unlike, Criminal Procedure Code or otherwise known as CrPC connotes the law enforced in India for governing criminal law procedure, that is required to be followed during a criminal lawsuit.
- Indian Penal Code or IPC is a type of substantive law, whereas Criminal Procedure Code is procedural in nature.
- The primary purpose of the Indian Penal Code is to provide a general penal code in the country for giving punishment to the wrong doers. On the other extreme, the main motive of Criminal Procedure Code is to consolidate the criminal law in the country.
- IPC lays down all the possible crimes and their punishments and penalty. Conversely, CrPC determines the procedure to be followed during litigation.
Both the two laws apply to the whole country, except in the state of Jammu & Kashmir. While IPC defines the criminal offence along with the penalties for the same, CrPC states the process for undertaking the legal criminal charge along with the conviction or acquittal of the defendant. The criminal law procedure is a complimentary law, to the primary criminal law.