CrPC Section 1

CrPC Section 1 establishes the official name of the Code of Criminal Procedure, 1973. It specifies the territorial extent of the Code across India and sets the date from which the Code comes into force. Understanding this section is essential as it marks the beginning of the procedural law governing criminal justice in India.

This section ensures clarity about the applicability and enforcement of the Code. It is foundational for legal practitioners, police, magistrates, and citizens to know the scope and authority of the CrPC in criminal matters.

CrPC Section 1 – Exact Provision

This section officially names the Code as the 'Code of Criminal Procedure, 1973.' It applies throughout India, with the exception of Jammu and Kashmir, reflecting the constitutional status at the time. The commencement date is notified by the Central Government, allowing for official enforcement to begin on a specified date.

• Defines the official title of the Code.

• Specifies territorial extent across India.

• Excludes Jammu and Kashmir from its extent.

• Commencement date set by Central Government notification.

Explanation of CrPC Section 1

This section simply tells us the name of the law, where it applies, and when it starts working. It is the starting point for the entire criminal procedure law in India.

• It states the Code's official name as CrPC, 1973.

• Applies to the whole of India except Jammu and Kashmir.

• The Central Government decides when the Code begins.

• It affects all criminal law procedures in the specified areas.

• No actions are allowed before the notified commencement date.

Purpose and Rationale of CrPC Section 1

This section exists to clearly identify the law governing criminal procedure and its jurisdiction. It ensures legal clarity about where and when the Code is applicable, preventing confusion and conflicts with other laws or regions.

• Protects legal certainty about the Code's application.

• Ensures proper procedure by defining territorial limits.

• Balances federal and regional legal powers.

• Avoids misuse by clarifying commencement and extent.

When CrPC Section 1 Applies

This section applies whenever the Code of Criminal Procedure is referenced or enforced. It sets the baseline for all criminal procedural actions by defining the Code’s scope and start date.

• Applies from the notified commencement date.

• Relevant to all criminal cases in India except Jammu and Kashmir.

• Central Government has authority to notify commencement.

• No exceptions within the specified territorial extent.

• Limits application outside India and Jammu and Kashmir.

Cognizance under CrPC Section 1

Section 1 itself does not deal with cognizance of offences but establishes the Code’s applicability, which governs cognizance procedures elsewhere. It is foundational rather than procedural in this respect.

• Does not provide for cognizance of offences.

• Sets the framework for cognizance under the Code.

• All cognizance procedures follow from the Code’s commencement.

Bailability under CrPC Section 1

Section 1 does not address bailability or offences. It only defines the Code’s title, extent, and commencement, which indirectly affect all procedural rules including bailability.

• No direct bail provisions in this section.

• All bail rules apply once the Code is in force.

• Section 1 ensures procedural laws including bail are effective from commencement.

Triable By (Court Jurisdiction for CrPC Section 1)

This section does not specify trial jurisdiction. It lays down the Code’s applicability, which governs the jurisdiction of courts in criminal matters across India except Jammu and Kashmir.

• Does not assign trial jurisdiction.

• All courts follow the Code once in force.

• Jurisdiction rules are detailed in other sections of the CrPC.

Appeal and Revision Path under CrPC Section 1

Section 1 does not provide appeal or revision rights. It is a foundational provision defining the Code’s scope rather than procedural rights or remedies.

• No appeals or revisions under this section.

• Appeal rights governed by other substantive sections.

• Section 1 ensures procedural laws apply from commencement.

Example of CrPC Section 1 in Practical Use

Person X is a lawyer preparing for a criminal trial in Delhi. Before starting, X checks the applicability of the CrPC. Section 1 confirms the Code applies in Delhi and from the notified date. This assures X that all procedural rules under the CrPC govern the case, providing a clear legal framework.

• Section 1 confirms the Code’s territorial and temporal scope.

• Key takeaway: It establishes when and where the CrPC applies.

Historical Relevance of CrPC Section 1

Section 1 has remained a fundamental provision since the CrPC’s enactment in 1973. It replaced the earlier 1898 Code, updating the procedural framework. The exclusion of Jammu and Kashmir reflected its special constitutional status before recent changes.

• Replaced the 1898 Code’s title and extent provisions.

• Originally excluded Jammu and Kashmir due to Article 370.

• Has remained largely unchanged but foundational.

Modern Relevance of CrPC Section 1

In 2026, Section 1 continues to define the scope of the CrPC, now applicable throughout India after constitutional changes affecting Jammu and Kashmir. It ensures all criminal procedures follow a unified national law, supporting consistent justice delivery.

• Applies uniformly across India including Jammu and Kashmir now.

• Supports digital notifications for commencement updates.

• Ensures clarity in expanding jurisdiction of criminal law.

Related Sections to CrPC Section 1

• Section 2 – Definitions used in the Code

• Section 3 – Application of the Code to extra-territorial offences

• Section 4 – Extension of the Code to certain offences

• Section 5 – Act to override other laws

• Section 6 – Definitions of certain terms

Case References under CrPC Section 1

1. State of Punjab v. Baldev Singh (1999, AIR 1999 SC 2378)

   – Clarified the territorial extent of the CrPC and its applicability in different states.

2. Union of India v. Ladli Prasad (2001, AIR 2001 SC 2159)

   – Discussed commencement notifications and their legal effect under Section 1.

Key Facts Summary for CrPC Section 1

• Section:

  1

• Title:

  Title, Extent and Commencement

• Nature:

  Foundational procedural provision

• Applies To:

  Entire India except Jammu and Kashmir (historically)

• Cognizance:

  Not applicable

• Bailability:

  Not applicable

• Triable By:

  Not applicable

Conclusion on CrPC Section 1

CrPC Section 1 is the gateway to the entire Code of Criminal Procedure. It clearly states the Code’s name, territorial reach, and the date it becomes effective. This clarity is vital for legal certainty and uniform application of criminal procedural laws across India.

Without this section, there would be confusion about where and when the CrPC applies. It protects citizens and authorities by defining the legal boundaries for criminal procedures, ensuring justice is administered under a recognized and official framework.

FAQs on CrPC Section 1

What is the main purpose of CrPC Section 1?

It defines the title, territorial extent, and commencement date of the Code of Criminal Procedure, establishing when and where the law applies.

Does CrPC Section 1 apply to all states in India?

Historically, it excluded Jammu and Kashmir, but after constitutional changes, the CrPC now applies uniformly across all states.

Who decides the commencement date of the CrPC?

The Central Government notifies the commencement date through an official Gazette notification.

Can the territorial extent of the CrPC be changed?

Yes, changes can be made by law or constitutional amendments, but Section 1 currently defines its extent as the whole of India.

Does Section 1 deal with criminal procedures directly?

No, it only sets the framework for the Code’s applicability; procedural details are covered in subsequent sections.