Section 4 CrPC: Trial of Offences under the IPC and Other Laws

Section 4 of the Code of Criminal Procedure, 1973 (CrPC) prescribed the ordinary criminal procedure for offences under the Indian Penal Code, 1860 (IPC), and other penal statutes. Since 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) generally governs new criminal proceedings, subject to its saving and transitional provisions.

Current law: Section 4 of the BNSS, 2023 is the corresponding provision on trial of offences under the Bharatiya Nyaya Sanhita, 2023 (BNS), and other laws. Section 531 BNSS repeals the CrPC while preserving specified pending matters and other legal effects.

Text of Section 4 of the Code of Criminal Procedure, 1973

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.

Meaning and application of Section 4 CrPC

Sub-section (1): Offences under the IPC

For offences under the IPC, the CrPC provided the general procedural framework for investigation, inquiry, trial and related proceedings. The IPC defined substantive offences and punishments; the CrPC regulated how those offences were processed.

Sub-section (2): Offences under special laws

The same general criminal procedure applied to offences under other laws unless a special enactment regulated the manner or place of investigation, inquiry, trial or other handling. Thus, a specific procedure in a special statute may prevail over an inconsistent general procedural rule, depending on the wording and scope of that statute.

Corresponding provision: Section 4 BNSS, 2023

Section 4 BNSS preserves the same basic distinction but refers in sub-section (1) to offences under the Bharatiya Nyaya Sanhita, 2023 rather than the IPC. Under sub-section (2), offences under other laws are generally dealt with under BNSS procedure, subject to any applicable special enactment governing the manner or place of investigation, inquiry, trial or other proceedings.

The BNS and BNSS commenced on 1 July 2024, subject to the notified exceptions and transitional rules. Section 531 BNSS is important when determining whether a proceeding begun before commencement continues under the former CrPC framework. The date of the alleged offence, the stage of proceedings and the relevant saving provisions must be examined separately.

Important legal concepts

Investigation: Proceedings for collecting evidence by police or another legally authorised investigator.
Inquiry: A judicial inquiry other than a trial, conducted under the applicable procedural law by a Magistrate or Court.
Trial: The judicial process for determining criminal liability in accordance with the procedure prescribed by law.
Special law: An enactment dealing with a particular subject or class of offences that may contain its own procedural requirements.

Practical implications

In cases under special legislation, the applicable statute should be read alongside the BNSS to identify requirements concerning investigation, jurisdiction, cognizance, bail and trial. A special procedure does not automatically displace every general procedural safeguard; the extent of any exception depends on the governing enactment.

Historical state amendment note: Manipur

The earlier webpage included the following material attributed to Manipur Act 10 of 1983, section 4. Its references to members of forces, public servants and the substitution of "State Government" for "Central Government" do not appear to amend the central text of CrPC Section 4 concerning trial of offences. It is retained here as a historical source note, not presented as an operative amendment to Section 4 CrPC. The original state enactment and subsequent notifications should be checked before relying upon it.

View historical note preserved from the original webpage

In section 4 of the principal Act, the clauses (a) and (b) shall be re-arranged as follows, namely:

"(a) to such class or category of the members of the Forces charged with the maintenance of public order, or
(b) to such class or category of other public servants of the Forces persons to whom the provisions of sub-section (1) or sub-section (2) apply) charged with the maintenance or public order, as may be specified in the notification, wherever they may be serving, and thereupon the provisions of sub-section (2) shall apply as if for the expression 'Central Government' occurring therein, the expression, 'State Government' were substituted."

[Vide Manipur Act 10 of 1983, s. 4] (as reproduced in the original page).

Official legal sources

For the authoritative statutory text, commencement notifications and amendments, consult India Code (Government of India) for the Code of Criminal Procedure, 1973, the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Nyaya Sanhita, 2023. See also the e-Gazette of India for official notifications. Search the enactment title and relevant section on the official portals.

This article is general legal information. The precise procedural law applicable to a case depends on the facts, dates, saving provisions and any special enactment.