Chapter I
Section 4 CrPC: Trial of offences under the Indian Penal Code and other laws
New Law Update (2024)
Section 4 BNSS
TRIAL COURT
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) All offences under the Indian Penal Code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.
(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.
Important Sub-Sections Explained
Section 4(2)
This sub-section clarifies that while offences under special or local laws are generally dealt with according to the CrPC, any specific procedural provisions within those special laws will take precedence. This ensures that unique requirements of specialized statutes are respected, overriding general CrPC procedures where applicable.
Landmark Judgements
Directorate of Enforcement v. Deepak Mahajan (1994):
This landmark judgment clarified the interplay between special laws and the CrPC, holding that the provisions of the CrPC, particularly those relating to arrest and remand, would apply to proceedings under special statutes unless there is an express or necessary exclusion within the special law itself.
T. Barai v. Henry Ah Hoe (1983):
The Supreme Court affirmed that unless a special or local law provides for a distinct procedure for investigation, inquiry, or trial of offences, the provisions of the Code of Criminal Procedure, 1973, would govern such proceedings. It reiterated the CrPC’s role as the general procedural law for criminal matters.