A condensed discussion on the famous commentary on the elucidated criminal procedure code by R V Kelkar. R V Kelkar's Cr.PC is a celebrated book in the legal fraternity which has helped many aspiring as well as practicing advocates in understanding and interpreting the nuances of the criminal procedure code. This is a series of 30 PPTs based on the 30 chapters of the book by R V Kelkar. This series of presentations presents a condensed discussion upon this book to help students as well as lawyers to access its content on a handy basis. This ppt is based upon the first chapter of the book.

1. Advocate Abhay Jha
B.Tech LLB
Bachelor in ChemicalTechnology from Dharmsinh Desai University
Nadiad, Gujarat
LLB fromVeer Narmad South Gujarat University, Surat. Gujarat

2. Lectures on R V
Kelkar’s Criminal
Procedure Code
The following lectures are based upon the famous commentary by RV
Kelkar on the Criminal Procedure code. The lectures are aimed at
helping readers to get a grip on this book in a paced manner.

3. Introduction
 The following lecture series is based upon the commentary on Criminal
Procedure code by RV Kelkar.
 The reason why this book is helpful for students as well as practicing
advocates is because of the magnificent elucidation of the criminal
procedure code in a topic wise manner instead of the comparatively tedious
and confusing manner of section wise analysis.
 Section wise study of the Code enables one to understand a particular topic
in its depth along with the requisite sections relating to the topic.
 The language employed by the author is relatively easier for the reader to
understand difficult subjects without entangling with close knit topics.This
helps students preparing for competitive exams as well as practicing
advocates to bring to fore the direct application of the sections.

4. CHAPTER 1
OBJECT, EXTENT AND SCOPE
 The essential object of criminal law is aimed at protecting society against criminals
and lawbreakers.
 The Criminal Procedure code is the procedure that spells much of the difference
between rule of law and rule by whim and caprice.
 Criminal law in the wider sense encompasses both substantive and procedural
criminal laws.The procedural laws being adjective to the substantive law.
 Substantive law is not exhaustive and requires the procedural law to administer
and enforce the substantive criminal law (IPC, Dowry ProhibitionAct etc). In
absence of procedural law the substantive law will be worthless.
 The Criminal Procedure code enumerates the machinery for the detection of crime,
apprehension of suspected criminals, collection of evidence, determination of the
guilt or innocence of the suspected person and the imposition of suitable
punishment on the guilty person.

5. Chapter 1 Continued….
Additionally, the code deals with prevention of offences; ( Sections
106-24, 129-32, and 144-53) maintenance of wives,children and
parents;(section 125-28) and public nuisances. Sections (133-43)
The code also controls and regulates the working of the machinery
set up fpr investigation and trial of offences.
The code aims at striking a balance between bestowing adequate yet
controlled powers to the investigation and adjudication bodies and
safeguarding the rights of the accused against abuse of powers by
the police, judicial officers.

6. Chapter 1 Continued….
IMPORTANCEOF CRIMINAL PROCEDURECODE
 Criminal law and its procedure is used and affects a greater number of persons.
 The nature of the subject-matter is such that human values are involved in it to a
greater degree than in other laws.
 Being complimentary to the penal laws, its failure seriously impacts the protection
that the substantive law gives to the society.
 An accused person should get a fair trial in accordance with the accepted principles
of natural justice.
 Every effort should be made to ensure that there are no latches and delay in
investigation and trial.
 To the utmost extent possible, the criminal procedure code aims at ensuring fair
deal to the poorer sections of the community.

7. Chapter 1 Continued….
 The code extends to the whole of India except some tribal areas.
 Section 1(2) provides that the code extends to all of India. Provided that the provisions
of this code other than chapter 8, 10, 11 thereof shall not apply-
a. To the state of Nagaland
b. To the tribal areas
But the concerned state government may, by notification, apply such provisions or any of
them to the whole or part of the state of Nagaland or such tribal areas, as the case may be,
with such supplemental, incidental or consequential modifications, as may be specified in the
notification.
Tribal areas means the territories which immediately before the 21st day ofJanuary 1972,
were included in the tribal areas of Assam, as referred to in paragraph 20 of the sixth schedule
to the cosntituion, other than those within the local limits of the municipality of Shillong.

8. Chapter 1 Continued….
Given the prevalent social conditions in Nagaland and tribal areas, it
has not been considered desirable for the time being to extend to
these areas the sophisticated provisions of the Code.
These areas have their own simple rules for the administration of
criminal justice.
Provisions as below are applicable to Nagaland and other tribal
areas.
Chapter 8- Security for keeping the peace and for good behaviour.
Chapter 10- Maintenance of public order and tranquility.
Chapter 11- Prevention act of the police.

9. Chapter 1 Continued….
SCOPE OF APPLICABILITYOFTHE CODE
 Sectiin 4 provides that all offences under the Indian Penal Code shall be
investigated,inquired into, tried and otherwise dealt with according to the
provisions contained in the code.
 All offences under any other law,subject to any enactment for the time being in
force regulating the manner or place of investigation, inquiring into, trying or
otherwise dealing with such offence, shall be governed by the provisions of this
code.
 Disciplinary proceedings taken against a government servant in respect of an
offence cannot attract the provisions of the code because the code does not apply
to departmental inquiry.
 Word “otherwise dealt with” in section 4 refer to dealings with the offences under
the code which are apart from investigation, inquiry or trial of the offence and not
to disciplinary proceedings. ( R. P. Kapur v. Pratap Singh Kairon, (1964) I Cri LJ 224:
AIR 1961 SC 1117)

10. Chapter 1 Continued….
 The code does not apply to contempt of court proceedings as
contempt of court is not an offence within section 4(2) of the code.
Moreover, the High Courts exercise special Jurisdiction to adjudicated
contempt of court proceedings.
Only special acts can take away the jurisdiction bestowed upon
ordinary courts and the jurisdiction of regular courts to try particular
cases under the IPC is specifically excluded under that special act by
vesting such jurisdiction exclusively in the special tribunals
established under the act.

11. Chapter 1 Continued….
Code How Far Exhaustive?
If the court finds that the cide has not made specific provision to
meet the exigencies of any situation, the court has inherent power to
mould the procedure to enable it to pas such orders as the ends of
justice may require.
Subordinate courts not have any inherent power to mold the code.
The high courts under section 482 has been bestowed inherent
powers.