Section 1 CrPC: Short title, extent and commencement

Chapter I

applicability, commencement, criminal law, CrPC 1973, extent, jurisdiction, Nagaland, procedural law, short title, special provisions, territorial jurisdiction, tribal areas

New Law Update (2024)

Section 1 BNSS

TRIAL COURT

Punishment

Procedural / Administrative

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(1) This Act may be called the Code of Criminal Procedure, 1973.
(2) It extends to the whole of India except the State of Jammu and Kashmir:
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:
Provided further that 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.
(3) It shall come into force on the 1st day of April, 1974.

Important Sub-Sections Explained

Section 1(2) – Extent and Application

This sub-section defines the geographical reach of the CrPC, extending it to the entire country, except for special provisions concerning the State of Nagaland and tribal areas. It specifies that certain chapters (like those on public order and preventive action) do not automatically apply in these special regions, but can be implemented by the State Government with necessary modifications.

Landmark Judgements

State of Nagaland v. Ratan Singh (2019):

This Supreme Court judgment clarified the application of the Code of Criminal Procedure to Nagaland, specifically reiterating that Chapters VIII, X, and XI (related to security for keeping the peace, maintenance of public order, and preventive action by police respectively) do not automatically apply to the State of Nagaland as per the proviso to Section 1(2) of the CrPC, 1973. The Court emphasized the special constitutional provisions and historical context for Nagaland.

Union of India v. R.S. Doliya (2012):

The Supreme Court, in this case, examined the scope of the second proviso to Section 1(2) of the CrPC, 1973. It affirmed the power of the concerned State Government to apply provisions of the CrPC to tribal areas, with modifications as deemed necessary, ensuring that the local customs and traditions are respected while allowing for the gradual extension of the general law.

Chapter I