The Code of Criminal Procedure cannot be distinguished from any of the country’s penal legislation. If Significant Penal Law is a major means of protecting society, a key method for achieving and implementing Significant Law is Procedural Criminal Law. When the Code of Criminal Procedure came into effect in 1973, the 1898 Code of Criminal Procedure was in effect. Several changes were introduced in this new code, the main object of which was to isolate the judiciary from the Executive. There are 37 chapters, 484 section, and two Schedules in the Criminal Procedure Code, 1973. There is the description of the crimes in this First Schedule, and other elements have been included in the Second Schedules. Code of Criminal Procedure, 1973 applies to India as a whole.(Section 1 of the Code of Criminal Procedure, Short title, scope and beginning) This shall come into force on the first day of April 1974.

Hierarchy of Criminal Courts

The hierarchy of the Criminal Courts in India is as follows:

The Supreme Court of India –  The Indian Supreme Court, which is India’s highest court, was created in accordance with Article 124 of Part V and Chapter IV of the Indian Constitution.

The High Courts of India – the high courts are at the rank of second level. It is governed by Article 141 of India’s Constitution, and is bound by the Apex Court’s judgment.

Lower Courts of India have been classified as follows.

1. Metropolitan Courts
2. Sessions Court
3. Chief Metropolitan Magistrate
4. First Class Metropolitan Magistrate
5. District Courts
6. Sessions Court  
7. First Class Judicial Magistrate
8. Second Class Judicial Magistrate
9. Executive Magistrate

Evidence law

Evidence law is the branch of law concerned with the rules and methods by which evidence is admitted and used in a legal trial. These rules set out what type of evidence can be admitted for consideration by a judge or jury in a trial. Evidence law also concerns the type of objections that can be raised to certain evidence being admitted, such as hearsay, illegally-obtained evidence, or a privilege that prevents the evidence in question from being admissible at trial.

Evidence law deals with the laws and procedures by which proof is accepted and used in a legal case. Such rules stipulate what form of evidence a judge or jury in a court can accept for consideration. Evidence law also includes the form of challenges that may be posed to the inclusion of such facts, such as hearsay, evidence collected unlawfully or a right that prohibits the proof in question from being admissible at court.

There was no criminal law in Ancient time. The society was uncivilised. Neither the life nor the property was safe in that society. At that time people believed only on one thing a life for a life. Time changed and the people made law based upon their religion. They segregated law according to their Holy book and their culture.

Indian penal code – The Indian Penal Code’s purpose is to set down what is right and wrong, and to enforce the penalty for making such an error. Under criminal law the “will” to commit the crime plays an important role under determining the offence’s liability.

FIVE  STAGES OF CRIME

• Motive
• Intention
• Preparation
• Attempt
• Commission

The Indian Penal Code which was introduced in 1860 is enforceable in part of Indian Territory. It followed various England Common Law theories and concepts that were changed from time to time. One of the distinctive characteristics of the Indian Penal Code is that it follows the country’s general code of criminal law. This includes the full spectrum of crimes. It is about security. The people from accidents were linked to the human body, Property and Reputation. Some common crimes such as murder, abduction, rape, robbery, stealing, etc. have been punishable under the various sections provided for in the Indian Penal Code, whereas the Indian Penal Code has also covered various actions committed in good faith, with or without consent of negligence, cruelty, etc.