CrPC and IPC

CrPC: This was written in the last century. It was written to codify the procedure that is to be adopted on dealing with crimes.

Dealing with crime means:
1. prevention of crime

2. Detection of crime

3. Stopping the crime/arrest

4. Dealing with the accused

5. Investigation of the crime,

6. Filing the report before the courts,

7. procedure to be adopted in the courts,

8. How judgement is to be given,

9. How to appeal against the judgement

10. What to do with the accused during the trial (bail)
Starting from prevention till punishment!

CrPC also talks about formation of the courts in the starting!!
Criminal courts are of two types: 1. Those which involves in preventing the crime, 2. Those involved in dealing with the crime after it occurs.
preventive courts are called as: Executive magistrates
Curative courts are called as Judicial magistrates

It's called as 'executive' because, such magistral posts are given to the executive!!!
So its called as 'executive magistrate'!!
All officers who are given power of magistrates are called as executive magistrates!!
their names are joined with their jurisdiction!!
example: if an executive magistrate has jurisdiction over a taluka, he is called as 'taluka executive magistrate'
If the jurisdiction is over a bigger area called as district, he is called as 'district executive magistrate'. This got shortened to be called as just 'district magistrate', the DM, which you all hopefully will become one day!

Now, once the crime occurs, the executive magistrates have no role to play!They can however, pass orders for preventing occurrence of crimes!! Thats how they order 'curfew' under sec 144 of CrpC! of orders under 107, asking for bond from people whom they think will create problems!
So, CrPC talks about courts, and the prevention!

@Is Executive and judicial powers are separate?
Yes.

@What exactly comes under it apart from 144. How can crime be prevented by courts?

What the executive magistrates exercise is NOT judicial power!! Its quasi-judicial! means, it has elements of judicial procedure, but not exactly!!
CrPC provides for powers for both Judicial magistrates and executive magistrates separately

@ Is preventive detention is domain of executive magistrates?

No, that is not judicial power!! Because, judiciary comes into picture only after the crime occurs! The police will go before the court and say that the crime was committed by so and so. The so and so will deny it! So the court hears both and comes to a conclusion! And then if positive, it punishes the person! If negative, it acquits the person and asks the police to redo the investigation!!
Thats why the executive magistrates has the power to order arrest, but, they can't pass punishment orders.That arrest is called as 'preventive arrest'!

Means, the arrest to be prevent a crime from happening!!
That can be maximum of 6 months only,more than that, it has to go before the high court!!
'preventive arrest' is also called as 'preventive detention'!you arrest a person and thus detain him!

@What are the points under which one can be preventively detained?

It depends on the magistrate!

@When we preventively detain someone are we to show the FIR or warrant sir ?
Normally the police will submit a report to the magistrate that, so and so is likely to commit a crime, and he has to be detained.The magistrate will call the person, enquire and then take a call on that!
Warrant can be issues by both types of magistrates and FIR is filed on both occasions!

Whether preventive or curative, police can't start an investigation without an FIR!
FIR is nothing but an entry in the station diary about an occurrence of a crime or possible occurrence of a crime!!
FIR=first information report!

It can be on actual occurrence of a crime, or doubtful occurrence of a crime or anticipated occurrence of a crime!

IPC

 is about the crime and punishment!

crime and punishment-means, IPC deals with: types of crimes and punishment for each of it!

Comparison between CrPC and IPC
both IPC and CrpC deals with crimes.
CrPC deals with: The procedure that is to be followed in dealing with crimes.
IPC: deals with types of crimes and punishment
comparison:
[The recipes is CrPC!The items to be used are in IPC!!]

*What is crime basically?

crime is when u do an act against law!
*Why violation of law is a crime???
It could be a murder.. Rape.. Or even an attempt at these
because, law is made to protect somebody or something!So, when u violate the law, you inflict damage to person or organisation!so, the crimes are categorised based on whom it is inflicted!!!
*How Crimes are categorised

State, Individual,

First is the state, then the organs of the state, and the public at large, and then individual, and then individual properties!

IPC has around 23 chapters!!
first few go on definitions, Then it starts with offences on the state,Then, on the public servants (judiciary and executive etc)

*It also says: What is NOT a crime!!!
Which is not against law
certain things may cause death, but still not a crime!! One example is right to private defence!! If a person comes to kill you, you shoot at him, he dies! You have NOT committed a crime!!
No, crime means against law! But, it talks about exceptions.
Then it talks about NOT actual crime, but abetting the crime!You don't shoot a person directly, but, you egg the guy to shoot! You abet the crime and you also will be punished, though you did not kill the person yourself.

Then next chapter goes to offence against state, against the armed forces, again the public etc.Then public servants, elections etc.Then stamps, weights, measures etc.
Then public health, decency etc!!
Then religion!
Note that still we are on offences on the society and not individuals!!
offence against the human body-means murder, rape etc.
Then one step less: Violence, but not death! means, hurt!!
Then one more step less: Illegal confinement like kidnap!!
Then still one step milder: slap, hitting, assaulting etc
Threatening belongs to which part...
Then its sexual offences, but not amounting to external hurt.
Then robbery and dacoity! Where there is no violence on the person but only on the property!!
Their more milder: Cheating and mischief!!
Still milder: You don't take the property, but just trespass it!!
Then comes, forgery!!
Then comes social offences, like in marriage!
Now comes intimidation and threat!!
Because, its no crime as such, but threat that crime will be done!!
And lastly, attempting to do a crime, but it not fructifying!

@Does Crpc also deal with the treatment to be met out with the convicts/undertrials in the prison or does it come under the prison laws? in relation to the custodial deaths and the related human rights violations.
CrPC deals with what to do with the accused!

@What is to be done with accused depend on what he has done..
 How dangerous he is!so sir final judgement will be written as per IPC.It tells you what punishment for what offence!!