Section 1 CPC: Short Title, Commencement and Extent
Section 1 of the Code of Civil Procedure, 1908 (CPC) identifies the law by its official name, fixes the date it came into force and explains its territorial application in India, subject to specified exceptions and local provisions.
Section 1 of the Code of Civil Procedure, 1908
(1) Short title. This Act may be cited as the Code of Civil Procedure, 1908.
(2) Commencement. It shall come into force on the first day of January, 1909.
(3) Extent. It extends to the whole of India except —
(a) [Omitted by the Jammu and Kashmir Reorganisation Act, 2019, with effect from 31 October 2019.]
(b) the State of Nagaland and the tribal areas:
Proviso: The State Government concerned may, by notification in the Official Gazette, extend the provisions of this Code or any of them to the whole or part of Nagaland or such tribal areas, with supplemental, incidental or consequential modifications specified in the notification.
Explanation: For this clause, "tribal areas" means the territories which, immediately before 21 January 1972, were included in the tribal areas of Assam referred to in paragraph 20 of the Sixth Schedule to the Constitution.
(4) Special local provisions. In relation to the Amdinvi (Amindivi) Islands, the East Godavari, West Godavari and Visakhapatnam Agencies in Andhra Pradesh, and the Union Territory of Lakshadweep, the application of the Code is without prejudice to any rule or regulation in force there concerning its application.
The statutory provisions above are presented in a reader-friendly form, with the 2019 omission identified. For authoritative wording and amendment notes, consult the official India Code text linked below.
Meaning and explanation of Section 1 CPC
Section 1(1): Short title
The short title is the formal name by which legislation may be cited. The expression "Code of Civil Procedure, 1908" identifies the principal procedural legislation governing civil proceedings in courts to which it applies. It is commonly abbreviated as "CPC".
Section 1(2): Commencement
Although the Code was enacted in 1908, it commenced on 1 January 1909. The commencement date marks when the legislation came into operation; it is different from the date of enactment.
Section 1(3): Territorial extent
The Code extends across India subject to the express provisions governing Nagaland and the defined tribal areas. The reference to Jammu and Kashmir that appeared in older versions of clause (a) is no longer part of the operative text. It was omitted by section 95 and the Fifth Schedule of the Jammu and Kashmir Reorganisation Act, 2019, effective 31 October 2019.
The proviso permits the relevant State Government, by an Official Gazette notification, to extend all or selected provisions of the Code to the specified areas, including with permitted modifications. Accordingly, the actual procedural position in a particular area should be checked against applicable notifications and local laws; the exception should not be read as a blanket statement that civil procedure cannot operate there.
Meaning of "tribal areas"
The explanation to Section 1(3) uses a historical territorial definition: areas included in the tribal areas of Assam immediately before 21 January 1972, as described in paragraph 20 of the Sixth Schedule to the Constitution. This definition is specific to Section 1 and should not be assumed to cover every area commonly described as tribal.
Section 1(4): Savings for specified areas
Subsection (4) preserves the operation of relevant local rules and regulations in the named islands, agency areas and Lakshadweep. In practical terms, application of the CPC must be read alongside any applicable special territorial rule or regulation rather than treating the Code as automatically overriding it.
Why Section 1 matters
Section 1 answers three preliminary questions before the procedural provisions of the CPC are applied: what the statute is called, when it took effect and where it extends. Questions of a particular court's jurisdiction, institution of suits, pleadings, trial, appeals and execution are governed by other sections and Orders of the Code, together with applicable local amendments and special statutes.
Official legal sources
Read the Code of Civil Procedure, 1908 on India Code (official PDF), including the amendment footnotes to Section 1. The India Code portal can also be used to locate the Jammu and Kashmir Reorganisation Act, 2019 and other legislation. For an area-specific question, check the relevant Official Gazette notifications and State amendments.
Frequently asked questions
When did the CPC come into force?
The Code of Civil Procedure, 1908 came into force on 1 January 1909 under Section 1(2).
Does Section 1 CPC still exclude Jammu and Kashmir?
No. The earlier exclusion in Section 1(3)(a) was omitted with effect from 31 October 2019 by the Jammu and Kashmir Reorganisation Act, 2019.
Does the CPC apply uniformly in Nagaland and tribal areas?
Not necessarily. Section 1(3) contains an exception and a mechanism for extension by notification. The applicable notifications and local legal provisions must be examined.
Updated: 11 October 2026. This article provides general legal information and is not a substitute for advice on a specific dispute.