Difference between CPC & CrPC

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Both laws are procedural in nature. The only difference is in their area of application. The CPC (Civil Procedure Code) deals with civil wing of law and CrPC (Criminal Procedure Code) deals with criminal wing of legal system. Both work like an engine to the car. It is such mechanism without which no suit or case can be dealt with. These are gateways to the legal procedure. However, some points of difference are that:

1. CPC (Civil Procedure Code):

(a) it regulates civil proceedings. It is the foundation of every civil dispute.

(b) ‘civil’ meaning thereby disputes between two individuals or organizations over rights, duties, property, contracts, and family matters, recovery of money or accounts, any tortious acts etc. It generally deals with private or non- criminal rights and remedies.

(c) It encompasses processes such as filing of civil suit, summons and its service,  all rules of pleadings, trials,  final or interim judgment or orders, and appeals in civil cases.

(d) It is in two parts - first, sections and second, the orders and rules. It is structured in a simplified manner. Even though it’s origin is prior to the enforcement of the constitution, it is still meticulously designed to cover every legal situation of the country even today.

(e) Also, not to forget even it is a consolidated law but some of civil reliefs has been provided in Specific Relief Act. Both the laws complement each other.

2. CrPC (Criminal Procedure Code):

(a) This code is a guidebook to all criminal cases in India. It provides all the guidelines from filing of first information report, that is, investigation till final judgment and appeal and other respective remedies available.

(b) This law is incomplete without understanding Indian Penal Code first. It lays down procedure for every possible offence against the society and an individual.

(c) one of the basic cardinal principle of the code is procedure is handmaid of justice and not its mistress which means justice is always supreme. Procedure cannot paralyse justice. Because ultimate goal to achieve is justice to the victim.

(d) It deals with public rights and the enforcement of laws. Also, some states have local criminal laws which will also follow this code to proceed with.

(e) It encompasses numerous topics like summons and warrants, methods for production of documents, investigation, arrest, bail, trial by session court and other subordinate courts and sentencing power in criminal cases. The criminal law cannot be read without referring to constitution of India which is the grundnorm to the society. This lays down that law has to take stringent action against the accused but at the same time, it cannot curtail his freedom or right to life.

In nutshell, the law laid down under respective codes works as a bible to every civil and criminal process in the country.