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Section 1 CrPC: Short Title, Extent and Commencement

Section 1 of the Code of Criminal Procedure, 1973 identifies the name of the Code, its territorial operation and the date on which it came into force. This page explains the provision as it stood immediately before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force.

Legal position: The Code of Criminal Procedure, 1973 was the principal central criminal procedure code before the BNSS came into force on 1 July 2024. This article preserves and explains the CrPC position relevant to proceedings, events and legal research concerning the pre-BNSS period, subject to applicable repeal and saving provisions.

Text of Section 1 of the Code of Criminal Procedure, 1973

1. Short title, extent and commencement.

(1) This Act may be called the Code of Criminal Procedure, 1973.

(2) It extends to the whole of India:

Provided that the provisions of this Code, other than those relating to Chapters VIII, X and XI thereof, shall not apply -

(a) to the State of Nagaland,

(b) to the tribal areas,

but the concerned State Government may, by notification, apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification.

Explanation. In this section, "tribal areas" means the territories which immediately before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong.

(3) It shall come into force on the 1st day of April, 1974.

Meaning and scope of Section 1 CrPC

1. Short title of the law

Sub-section (1) gives the enactment its statutory short title: the Code of Criminal Procedure, 1973, commonly referred to as the CrPC. The Code was enacted as Act No. 2 of 1974 to consolidate and amend the law relating to criminal procedure.

2. Territorial extent of the CrPC

Immediately before the BNSS regime, Section 1(2) stated that the CrPC extended to the whole of India. The earlier words excluding the State of Jammu and Kashmir were omitted with effect from 31 October 2019 by the Jammu and Kashmir Reorganisation Act, 2019.

3. Special position of Nagaland and specified tribal areas

The proviso to Section 1(2) created a territorial exception. Except for the provisions relating to Chapters VIII, X and XI, the Code did not automatically apply to the State of Nagaland and the "tribal areas" defined in the Explanation. The concerned State Government could, however, extend provisions of the Code to the whole or any part of those areas by notification and could specify supplemental, incidental or consequential modifications.

Meaning of "tribal areas" for Section 1: The expression refers to the territories that, immediately before 21 January 1972, were included in the tribal areas of Assam referred to in paragraph 20 of the Sixth Schedule to the Constitution, excluding territories within the local limits of the municipality of Shillong.

4. Commencement of the Code

Under Section 1(3), the Code of Criminal Procedure, 1973 came into force on 1 April 1974. The commencement provision fixes the date from which the Code became operative as the general procedural code for criminal proceedings, subject to its territorial and other statutory qualifications.

Jammu and Kashmir amendment to Section 1

The original territorial clause did not extend the CrPC to the former State of Jammu and Kashmir. The words "except the State of Jammu and Kashmir" were omitted by Section 95 and the Fifth Schedule to the Jammu and Kashmir Reorganisation Act, 2019, with effect from 31 October 2019. Accordingly, the central CrPC thereafter extended to the whole of India, subject to the Nagaland and tribal-area proviso contained in Section 1 itself.

State amendment material appearing with Section 1

The statutory compilation also records state amendment material relating to Haryana and Manipur. Such amendments should be read with the relevant state legislation, extension notifications and their territorial operation. Where a case depends on a state amendment, the applicable state text and notification should be verified for the relevant date.

Haryana

The source text records an extension concerning the Code of Criminal Procedure (Haryana Amendment) Act, 2014 to the Union Territory of Chandigarh, with reference to Notification No. GSR 929(E) dated 16 December 2019.

Manipur

The source text also reproduces a Manipur amendment connected with the operation of the Code of Criminal Procedure (Manipur Amendment) Act, 1982 in areas declared disturbed under the Armed Forces (Special Powers) Act, 1958, together with saving language protecting previous operation, accrued rights and liabilities, penalties and pending investigations or proceedings.

Position after commencement of BNSS

The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024 and replaced the CrPC as the principal central criminal procedure legislation. For older matters, the date of the proceeding or procedural step and the applicable repeal-and-savings provisions are important. This page is therefore retained as a reference to Section 1 CrPC and the law applicable before implementation of BNSS.

Research note: Statutory text, state amendments, notifications and saving provisions should be checked for the date and jurisdiction of the particular proceeding.

Related CrPC provisions

Section 1 is followed by the definitions and introductory provisions that determine how the Code is read and applied. Continue with Section 2 CrPC - Definitions, Section 3 CrPC - Construction of references, Section 4 CrPC - Trial of offences under the IPC and other laws, and Section 5 CrPC - Saving.