Section 4 CrPC: Trial of Offences Under the Indian Penal Code and Other Laws
Section 4 of the Code of Criminal Procedure, 1973 laid down the general procedural rule for investigation, inquiry, trial and other handling of offences under the Indian Penal Code, 1860 and offences created by other laws.
Text of Section 4 of the Code of Criminal Procedure, 1973
Meaning and Scope of Section 4 CrPC
Section 4 identified the Code of Criminal Procedure as the ordinary procedural law for criminal cases. Sub-section (1) applied CrPC procedure to offences under the Indian Penal Code, 1860. Sub-section (2) extended the same general procedural framework to offences under other enactments, while preserving any special procedure prescribed by those enactments.
The provision therefore operated as a general rule subject to a statutory exception. Where a special or local law prescribed a different manner or place for investigation, inquiry, trial or other dealing with an offence, that special procedure prevailed to the extent of the inconsistency. This principle should also be read with Section 5 CrPC, which preserved special or local laws, special jurisdiction, special powers and special forms of procedure unless the Code expressly provided otherwise.
Important Expressions Used in Section 4
| Expression | Meaning in the CrPC framework |
|---|---|
| Investigation | Under Section 2(h) CrPC, investigation included proceedings under the Code for collection of evidence conducted by a police officer or by a person, other than a Magistrate, who was authorised by a Magistrate. |
| Inquiry | Under Section 2(g) CrPC, inquiry meant every inquiry, other than a trial, conducted under the Code by a Magistrate or Court. |
| Offence | Under Section 2(n) CrPC, offence generally meant an act or omission made punishable by any law for the time being in force, and included specified acts relating to cattle-trespass complaints. |
| Other law | A penal or regulatory enactment outside the Indian Penal Code that creates an offence. CrPC procedure ordinarily applied unless that enactment prescribed a special procedure. |
For the complete statutory definitions, see Section 2 CrPC - Definitions.
How Section 4 Applied to IPC and Special-Law Offences
- IPC offences: investigation, inquiry, trial and other procedural steps were governed by the CrPC.
- Offences under other laws: CrPC procedure also applied as the general rule.
- Special procedure: if another enactment regulated the manner or place of investigation, inquiry, trial or other proceedings, that enactment controlled on that point.
- Read with Section 5: Section 5 CrPC reinforced the protection given to special or local laws and special procedural arrangements.
Position After 1 July 2024
The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024, subject to its repeal and savings provision. Section 4 BNSS carries forward the same basic procedural rule, replacing the reference to the Indian Penal Code with the Bharatiya Nyaya Sanhita, 2023. For proceedings that were already pending immediately before commencement of the BNSS, Section 531 contains the governing savings rule.
Related CrPC Provisions
Section 4 forms part of Chapter I of the CrPC. It follows Section 3 - Construction of references and is followed by Section 5 - Saving. The provisions should be read together when determining whether the general CrPC procedure or a special statutory procedure applied.
This article preserves the pre-BNSS CrPC position for reference. It is general legal information and should be read with the applicable statute, amendments and judicial decisions relevant to the facts of a particular case.