Section 1 of CrPC deals with it’s Short title, extent and commencement.
The code got the presidential assent on 25th November 1974 and it came into force on 1st April 1974.
- According to section 1 of CrPC it extends to the whole of India1.
- It further says that provisions of the code other than those contained in chapters 8, 10 and 11 shall not apply to State of Nagaland and the tribal areas.
- The concerned state government has been empowered to apply any or all of the provisions of the code to any part of the state or such tribal areas.
Applicability of the code
- According to section 4 of the code generally CrPC is applicable in respect of investigation, inquiry or trial of offences punishable under Indian penal code.
- Section 4(2) further lays down that offences under any other law shall also be investigated, inquired and tried according to the procedure in the code. But if there is any enactment which regulate the manner, place of investigation, inquiry or trial of the offences the procedure prescribed in that enactment will be followed.
- Section 5 lays down that in absence of any specific provision in the code, the provisions of any special or local law, special jurisdiction or power conferred or special form of procedure shall not be affected.
- A conjoint reading of both sections clearly provides that for offence punishable under IPC procedure prescribed in CrPC shall be applicable but if there is any special or local law, special procedure or power conferred by any other law, such law, procedure or power shall be applicable.
- CrPC does not apply to the contempt of court proceedings as contempt of court is not an offence within section 4(2).