Every country’s constitution enforces certain laws for the purpose of maintaining order and protecting the society from crimes. These laws are broadly classified into two categories i.e. Civil Law & Criminal Law.
The Civil law lays emphasis on resolving the dispute like family dispute, rent, matters, disputes relating to the sale and so forth. On the other hand, Criminal law stress on punishment to the offender, who breaches the law by acts such as, murder, rape, theft, smuggling etc.
Thus, the Indian Penal Code (IPC) is a substantive law which defines various crimes/ offences that are punishable in India and prescribes the punishment laid down for the commission of that crime/offence.
Indian Penal Code popularly known as I.P.C 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 is divided into 23 chapters which encompass 511 sections, covering different types of offences, 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.
Cr.P.C on the other hand, as the name suggests, is the procedural law. It lays down the procedure that is to be mandatory followed while pursuing a case. Cr.P.C also lays down the procedure to be followed by the police while doing their duty like filing of F.I.R; investigation, filing of charge sheet, etc. Cr.P.C aims at providing the proper mechanism for the imposition of criminal law in the country, by setting up the necessary machinery for arresting criminals m investigating cases, presenting criminals before the courts, collecting evidence, determining the guilt or innocence of the Accused, imposing penalties on the accused. In short, it describes the entire procedure for investigation trial, bail, interrogation arrest and so on.
Cr.P.C is main legislation on procedure for administration of substantive criminal law in India It was enacted in 1973 and came into force on 1 April, 1974.
The Indian Penal Code, most popularly referred to as I.P.C was established in the year 1860. It is also regarded as the main criminal code of India which covers all the substantial elements of the criminal law. The origin of I.P.C dates back to 1834 when the first law commission had recommended for it to be found. It is also called the general penal code of India and extends to the whole of India. It comprises of total twenty-three chapters and 511 sections overall. It has been amended over 75 times up till now. It is interesting to note that the Indian Penal Code is also said to be cogently drafted which has been able to survive major jurisdictions without major amendments, which proves that it indeed was ahead of its time.
Enacted in 1973, the Code of Criminal Procedure first came into force in 1974. The Code of Criminal Procedure can be described as the machinery which provides a mechanism for the main criminal law which is I.P.C.
It details the procedure for:-
In addition to the above, Cr.P.C also deals with the prevention of crime, family maintenance, public nuisance etc. The Code of Criminal Procedure, 1973 has undergone over 17 amendments. The Supreme Court, High Court, various level magistrates and police are the law enforcing bodies which function under the Code of Criminal Procedure, 1973.
| I.P.C | Cr.P.C |
|---|---|
| I.P.C is the fundamental criminal law which is enforced in the country. | Cr.P.C denotes the procedure that needs to be followed in terms of a criminal case. |
| I.P.C is a substantive law by nature. | Cr.P.C can be termed as being procedural in nature. |
| I.P.C is regarded as the general penal code. | Cr.P.C consolidates the general penal code. |
| I.P.C is a comprehensive code that lists down crimes and punishments for them. | Cr.P.C also has the guidelines for the court developments and power of the judges which the IPC does not. |
| Cr.P.C lists down the procedure to enact them. |
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