What is the difference between CrPC vs IPC

 IPC is Indian Penal Code

CrPC - Criminal procedure code.

Law is of two types - 1) Substantive law 2) Procedural or adjective law

Substantive civil law defines the right and duties with right, life, liberty and liabilities of individuals. Similarly, substantive criminal law defines different offences and provides punishments thereof.

Procedural law, on the other hand, deals with the procedural aspect of the substantive law. Adjective law prescribes different procedures to be followed in matter of enforcing the rights provided under the substantive law. 

So, Indian penal code is an example of substantive law whereas the criminal procedure code is termed as a piece of procedural law.

CrPC deals with classification of courts and their constitution power and procedure to be followed by them besides general provision of procedure in holding trials etc. It is said to be a piece of procedural law. 

However, besides procedures, it also provides certain matters which are substantive in nature. In other words, in the body of the criminal procedure code, the substantive rights of individuals are also dealt with. For example the right of maintenance of certain categories of persons u/s. 125, the right of getting bails u/s.436, 437, 438, 439, the right of possession of immovable property u/s 145, right to remove public nuisances u/s.133, right to appeal under chapter 29 and revision, and rules for disposal of property u/s.451 are some of the instance of substantive law in CrPC.

To conclude, CrPC is a mixture of both adjective and substantive law. The major portions of the code contain procedural law but however minor it may be, it contains also some amount of substantive law.

Disclaimer: A lot of excerpts in above article have been taken from horse's mouth aka CrPC book. You can download and read it from here. The original guide is also available at this link. Don't forget to share your learnings in the comments below. Help save the innocent and make India a better place.

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