Difference Between IPC and CRPC

What is Indian Penal Code (IPC)?

Indian Penal Code (IPC) defines the rules that define crime and the punishments for them. The IPC was drafted in the year 1890 and is in force for every citizen of India and all other citizens of Indian territory. It covers a variety of crimes that include fraud, theft, assault, murder, and many other offenses. It is enforced by the police and courts.

Advantages of the Indian Penal Code (IPC)

The primary criminal code of India is called the Indian Penal Code (IPC). It has many advantages, which include the following:

• Clarity: A broad range of people are able to comprehend the IPC because it's written in clear, simple language.
• Wide coverage: A range of criminal offenses are covered by the IPC, including murder, assault, theft, and fraud.
• Historical significance: First passed in the year 1860, the IPC was amended numerous times to accommodate changes in societal norms as well as legal requirements throughout time.
• Legal uniformity: Every citizen is treated the same under the IPC, which creates a unifying system for dealing with crimes all across the country.
• Recognized worldwide: Globally, the IPC is recognized as a code of conduct by a number of countries.
• Aids to maintain law and order: By providing them with the essential legal tools for tackling criminality, the IPC aids police organizations in India in ensuring peace and law.

Disadvantages of the Indian Penal Code (IPC)

Since 1862, the Indian Penal Code (IPC) has been the main criminal code for all forms of crime in India. While it is a comprehensive collection of laws that penalizes many different kinds of crimes but it also has its drawbacks that, include:

• It's difficult for the common person to comprehend the structure and language of the IPC.
• There is a deficiency of attention paid to current technological issues, like cybercrime, within the IPC.
• Particularly, certain aspects of the IPC have been criticized. IPC has been accused of discriminating against women and marginalized communities.
• There is no provision within the IPC for alternative punishments or rehabilitation which has resulted in the overuse of prison as a means of punishment.
• The criminal justice system is not perfect. There's no system that is comprehensive to safeguard the rights of the victim that could result in the victim being re-victimized.
• It is not possible to provide protection to the individuals accused of crimes in the IPC. The accused are frequently subjected to arbitrary arrests, torture, and long-term detention.
• Influential and powerful people frequently make use of the IPC to inflict false accusations on innocent people.
• In reality, it is the case that the IPC is usually applied in a discriminatory way which results in communities that are marginalized and castes with lower incomes being disproportionately attacked and penalized.

What is Criminal Procedure Code (CrPC)?

In India, the Criminal Procedure Code (CRPC) establishes the guidelines and procedures to investigate, prosecute, and resolve criminal charges. It also contains provisions related to the detention as well as bail and custody of persons accused and also witness and victim rights. The CRPC is designed to ensure that trials and investigations are conducted in a fair and ethical manner and in accordance with the principles of natural justice.

Advantages of the Criminal Procedure Code (CrPC)

Indian criminal proceedings are governed by Criminal Procedure Code (CRPC). The advantages of the CRPC are:

• Effective and fair investigation: CRPC provides specific guidelines for the investigation of crimes, including the powers and responsibilities of the officers investigating and suspects, their rights and witnesses, as well as the ways to collect and preserve evidence.
• Protection of the rights of the accused: CRPC protects the rights of the accused, such as bail, fair trial as well as legal representation.
• Faster trial and justice: Through the fast-track court system, summary trials, and plea-bargaining options, the CRPC speeds up the process of settling criminal cases.
• Integrity and Transparency: During the process of investigating, prosecuting, or trial process for criminal charges, the CRPC sets out clear rules and procedures to promote accountability and transparency.
• Separation of power: The police, the prosecution, and the courts are separate under the CRPC, which ensures that prosecutions, investigations, and criminal trials are fair and independent.

Disadvantages of the Criminal Procedure Code (CrPC)

In India, there is a Criminal Procedure Code (CrPC) that regulates the criminal justice system. In the process of investigating, prosecuting, and trials of criminal cases, both the police and judges must follow certain guidelines. There are a few disadvantages of the CRPC, which include:

• It has been accused of being old-fashioned and not up to date with the advancements in technology and social changes.
• The rights of defendants and suspects aren't adequately protected under the CRPC and could result in violations of human rights.
• It is typical for law enforcement officers to misuse the CRPC, which can lead to arbitrary arrests and long-term detentions without a hearing.
• There aren't enough provisions in CRPC to protect the rights of victims, which could lead to the victim being re-victimized.
• There isn't a comprehensive system to safeguard the rights of defendants in the CRPC, and those who are suspects are frequently arbitrarily detained or tortured and then locked up for lengthy durations of time.
• The CRPC does not provide alternative methods of rehabilitation or punishment, which leads to excessive reliance on the prison.
• A lot of marginalized communities and the lower castes are penalized and targeted in the CRPC.
• Another issue is the trial's interminable pace, which could result in prolonged detentions prior to trial.

Commonalities Between the Indian Penal Code (IPC) and the Criminal Procedure Code (CrPC)

India has two statutes that are related to the system of criminal justice. They are- the Indian Penal Code (IPC) and the Criminal Procedure Code (CrPC). As a result of both laws, criminal offenses are probed, prosecuted, and punished according to the rules of justice and fairness.

Both laws have the following characteristics:

• Every citizen of India is subject to both laws.
• Indian Parliament enacts the laws, and they are enforced by Indian courts.
• Criminals are punished, and witnesses' and victims' rights are guaranteed by both laws.
• Criminal offenses are prosecuted, investigated, and tried according to both laws.
• Revisions and appeals are provided in both laws that provide a system for checks and balances.

In short, the Indian Penal Code (IPC) is a substantive law for criminals, and the Criminal Procedure Code (CrPC) regulates legal procedures in criminal laws. Both laws are in sync to ensure justice is done.

Differences between IPC and CRPC

The main difference between IPC and CrPC is in their distinct functions within the Indian legal system of criminal justice. IPC is the primary law that outlines the definitions and penalties for various crimes. It concentrates on specific actions that constitute a crime and their consequences.

However, CrPC plays a procedural function within the system of criminal justice. It regulates the procedure that is followed by courts, police, and correctional institutions in investigations, prosecution, and trial processes for criminal charges. It provides a structure to enforce the IPC.

The major differences are mentioned in the table below-