Indian Penal Code vs Code Of Criminal Procedure: Difference and Comparison

No country is free of crimes. The country India is a democratic Republic and has specific rules and regulations regarding this. The Indian penal Code and the Code of criminal procedure and two such devices.

They contain a set of rules and regulations as to how a person should act and the limits and boundaries. They tell about which works committed by them are offenses and how they are expected to perform.

Key Takeaways

  1. The Indian Penal Code defines criminal offenses and their respective punishments, while the Code of Criminal Procedure outlines the legal process for handling criminal cases.
  2. The Indian Penal Code is substantive, while the Code of Criminal Procedure is procedural.
  3. The Indian Penal Code was enacted in 1860, whereas the Code of Criminal Procedure was enacted in 1973.

Indian Penal Code vs Code Of Criminal Procedure

Indian Penal Code is the official criminal code of India which was enforced in 1860. It consists of crimes and punishments and is applicable to all the citizens of India. The Code of Criminal Procedure is the legislation that controls the execution of criminal law in India and is applicable to the authorities.

Indian Penal Code vs Code Of Criminal Procedure 1

The IPC is the most important Code of criminal laws in the country. It comprises a view into the duties and rights of the citizens of India. Also, it has a set of punishments.

For every crime, there’s a specific punishment that depends upon the degree or intensity of the offense. The Imperial Legislative Council of the country created it.

However, suppose this Code does not mention any unethical/criminal activity inside the country. In that case, it will soon become a part of it, and the punishment will be decided accordingly.

However, the Code of criminal procedure is quite different from the IPC. It mainly consists of rules and guidelines regarding how unruly activities should be handled.

It is meant for people who work primarily in defense. It came to effect much later; it mainly deals with preventing crimes and controlling them. It has six parts in which it proceeds. It came much later than the IPC.

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Comparison Table

Parameters of Comparison Indian Penal CodeCode of the criminal procedure
DefinitionThe Indian Penal Code is the official criminal Code of India.The official legislation on procedure for the administration of criminal law in India.
ContentsIt contains the list of crimes and the punishments attached to itIt has a set of rules as to how the defensive authorities should function concerning that crime
Year enactedIt came into force in the year 1860It came into force in the year 1974
Applicable toIt applies to all the citizens of IndiaIt applies to law and defensive bodies
MotiveIt helps in the prevention of crimesIt helps in taking action against crimes

What is Indian Penal Code?

The Indian Penal Code came during British rule. It comprises a view into the offenses made by the citizens of India. Also, it has a set of punishments.

For every crime, there’s a specific punishment that depends upon the degree or intensity of the offense. The Imperial Legislative Council of the country created it.

These rules might not contain all the criminal procedures. If any new criminal conduct is seen, it is added.

This Code came into existence in the year eighteen hundred sixty. At first, it was only applicable to provinces that the Britishers governed. It wasn’t helpful to the states that had a king ruling over them.

Till the national divide, this Code pertained to India along with the countries Pakistan and Bangladesh also. However, it soon divided. This came to be executed two years after its creation.

It has twenty-three chapters, and those are further subdivided into five hundred-eleven different sections. The parts include the introduction, followed by the explanation.

Then comes the list of punishments, exceptions, apart from conspiring, offenses related to defense posts, and several different offenses at different places.

This is a very systematic document. However, certain unnatural offenses have faced controversies. Its most recent amendment was made in the year two thousand eighteen.

What is the Code Of Criminal Procedure?

The Code of criminal procedure, however, is quite different from the IPC. It mainly consists of rules and guidelines regarding how unruly activities should be handled.

It is meant for people who work primarily in defense. It came to effect much later; it mainly deals with preventing crimes and controlling them.

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It has six parts. It is a code of regulation. This Code divides the types of offenses of people into two kinds: cognizable, followed by non-cognizable.

The non-cognizable crimes require the defense personnel to have the warrant to arrest a person. These are less serious offenses.

However, cognizable acts are more severe, and a person can be detained directly upon performing these. Also, the cases are divided into two types: the summon, followed by the warrant type case.

Summon points can be property matters, divorce, etc., whereas warrant cases are those that involve punishment.

It came much later than the IPC in the year of nineteen hundred seventy-four, in April. This Code is applied all over the Indian subcontinent except Nagaland and for areas where tribals have their laws.

The Supreme Court, along with the high court, police, and magistrates, are all those to which this Code applies. Trial of a person, judgment, and all other procedures are a part of this.

Main Differences Between the Indian Penal Code and Code Of Criminal Procedure

  1. The IPC  is the legally enforced Code that deals with criminal offenses in India. The CCP is the legislation on procedure for the administration of criminal laws in India.
  2. The IPC contains the list of crimes and the punishments attached to it. The CCP has a set of rules as to how the defensive authorities should function regarding that crime.
  3. The IPC came in the year Eighteen hundred sixty. However, the CCP came in the year nineteen hundred seventy-four.
  4. The IPC applies to all the citizens of India. The CCP applies to law and defensive bodies.
  5. The IPC helps in the prevention of crimes. The CCP helps in taking action against crimes.
References
  1. https://books.google.com/books?hl=en&lr=&id=UPASAAAAYAAJ&oi=fnd&pg=PA3&dq=Difference+Between+Indian+Penal+Code+and+Code+Of+Criminal+Procedure+(With+Table)&ots=6CR25jvyri&sig=bOxuRESvvtJEFfCK6AxlsQAzcdg
  2. http://search.ebscohost.com/login.aspx?direct=true&profile=ehost&scope=site&authtype=crawler&jrnl=09739122&AN=135231691&h=8VCYQT1YXN4hcrTd%2FKD1GSapNnCXOVw0ns2YaAUqLyrnWYBrmJ2JL%2BGbwNrIhplu0ogHNE0c5j%2BfEPe2Qlo1Eg%3D%3D&crl=c

Last Updated : 13 July, 2023

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17 thoughts on “Indian Penal Code vs Code Of Criminal Procedure: Difference and Comparison”

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