Updated: 11 October 2026 | Historical CrPC decisions and current BNSS framework
The Code of Criminal Procedure, 1973 (CrPC) shaped criminal investigations, court proceedings and appellate remedies in India for decades. The Supreme Court judgments below explain principles of fair procedure and statutory interpretation that remain important when examining older cases and corresponding provisions of the current law.
Key legal provisions explained
CrPC section 154: concerned recording information about cognizable offences and registration of FIRs. BNSS section 173: now regulates information in cognizable cases, including provisions concerning electronic communication and preliminary inquiry in defined circumstances.
CrPC section 156(3): empowered a Magistrate to order police investigation. BNSS section 175(3): provides the present procedure with additional statutory requirements.
CrPC section 202: governed postponement of process and inquiry, including where the accused resided beyond the Magistrate's territorial jurisdiction. The corresponding BNSS complaint procedure must be checked for present cases.
CrPC section 311 and BNSS section 348: address summoning, examining or recalling material witnesses when necessary for a just decision.
Article 21 of the Constitution: guarantees protection of life and personal liberty and underpins the right to a fair and speedy criminal trial.
Leading Supreme Court judgments and citations
A.R. Antulay v. R.S. Nayak
The Supreme Court recognised that a judicial direction causing procedural injustice may be corrected; no party should suffer because of an error of the court.
Relevant law: Article 21; criminal jurisdiction and fair trial.
Abhijit Pawar v. Hemant Madhukar Nimbalkar
Under CrPC section 202, a Magistrate must conduct or direct the prescribed inquiry before issuing process against an accused residing outside the territorial jurisdiction.
Relevant law: CrPC sections 200-204; corresponding BNSS complaint procedure.
Hussain v. Union of India (with Aasu v. State of Rajasthan)
The Court stressed expeditious criminal proceedings and prompt consideration of bail applications. Timelines must be read with the directions and later case law, not as an unconditional statutory guarantee.
Relevant law: Article 21; bail and case management.
Kolla Veera Raghav Rao v. Gorantla Venkateswara Rao
CrPC section 300 protects against a second trial for the same offence and, subject to statutory qualifications, on the same facts after conviction or acquittal by a competent court.
Relevant law: CrPC section 300; double jeopardy.
Lalita Kumari v. Government of Uttar Pradesh
Where information discloses a cognizable offence, registration of an FIR is ordinarily mandatory under the CrPC ruling. Limited preliminary inquiry categories were recognised. For current complaints, BNSS section 173 and its statutory preliminary-inquiry provisions must also be considered.
Relevant law: CrPC section 154; BNSS section 173.
Natasha Singh v. CBI (State)
CrPC section 311 permits the court to summon, examine or recall witnesses when necessary for a just decision, subject to fairness to both sides.
Relevant law: CrPC section 311; BNSS section 348.
Priyanka Srivastava v. State of Uttar Pradesh
The Court required applications invoking CrPC section 156(3) to be supported by an affidavit, discouraging frivolous requests and requiring prior recourse to police authorities.
Relevant law: CrPC section 156(3); BNSS section 175(3).
Raj Deo Sharma v. State of Bihar
The decision addressed trial delays under Article 21. Rigid judicially prescribed deadlines from this line of cases should not be presented as prevailing automatic termination rules.
Relevant law: Article 21; subsequent Constitution Bench jurisprudence.
Subhash Chand v. State (Delhi Administration)
The judgment explains the High Court special-leave route for appeals against acquittal in cases instituted on complaint under the former CrPC framework.
Relevant law: CrPC section 378(4); applicable BNSS appeal provisions.
Umesh Kumar v. State of Andhra Pradesh
Evidence is not automatically inadmissible solely because of an irregular or illegal method of collection; relevance, statutory exclusions and constitutional safeguards remain important.
Relevant law: Law of evidence; BSA 2023 where applicable.
Vijay Dhanuka v. Najima Mamtaj
A Magistrate considering process against an accused living outside the court jurisdiction must undertake the inquiry contemplated by section 202 CrPC.
Relevant law: CrPC section 202; corresponding BNSS complaint provisions.
How these precedents apply after the BNSS
These judgments were delivered under the CrPC and remain useful for understanding constitutional protections and comparable statutory language. They should not be treated as automatically controlling every BNSS provision: the relevant BNSS wording, commencement date, savings under section 531, and subsequent binding decisions must be examined in each case.
Official legislation and judgment resources
Related case law collections
Legal information only. Verify the full text and current status of each decision before relying on a citation in legal proceedings.