Trial of offences under the Indian Penal Code and other laws

Section 4 of the Code of Criminal Procedure Code, 1973 provides for trial of offences under the Indian Penal Code and other laws. The same reads thus:-

4. Trial of offences under the Indian Penal Code and other laws

(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.


CASE NOTES

Section 4 of the Code of Criminal Procedure provides for trial of offences under the Indian Penal Code and other laws. Section 4 (1) says that all offences under the Indian Penal Code shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions contained in the Code.

It is in Sub-section (2) of Section 4 that provision is made regarding trial of offences under other laws. That sub-section enjoins that all offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions in the Code, 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.

A reading of Section 4 would indicate that the general law is that all offences under the Indian Penal Code and any other law shall be investigated, inquired into, tried and otherwise dealt with according to the provisions of the Code. But in cases in which there are specific provisions in any enactment in respect of investigation, inquiry or trial, those matters will be governed by those provisions under the Act and not by the provisions of the Code.

Coming to Sub-section (2) of Section 4 in case a complete procedure is provided in any enactment for the trial of an offence under a special or local law, that procedure will have to be followed for the trial of the offence. Trial of the offence under such a statute need not be conducted as per the provisions of the Code of Criminal Procedure.

There may be cases in which a special or local law provides special procedure only for some matters. In such cases with regard to those matters alone, special procedure mentioned in the statute has to be followed and in regard to other matters in respect of which no provision is made in the special statute, the provisions contained in the Code of Criminal Procedure will have to be followed. [V. Sugandhalal vs St. Mary’S Finance Ltd. [Kerala High Court, 6 June, 2000]

Case Law Reference

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  • Satki Devi v. Tikam Singh, 2006 CriLJ 4721 : RLW 2007 (2) Raj 1620
  • V. Sugandhalal v. St. Mary’S Finance Ltd., 2001 107 CompCas 451 Ker : 2000 CriLJ 4121
  • Sachindra Mahawar v. State of M.P., 2000 CriLJ 637 : 2000 (1) MPHT 127

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