PRELIMINARYCentral

Section 4 of The Code of Criminal Procedure, 1973

(1)All offences under the Indian Penal Code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.
(2)All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner of place of investigating, inquiring into, trying or otherwise dealing with such offences. STATE AMENDMENT Manipur In section 4 of the principal Act, the clauses (a) and (b) shall be re-arranged as follows, namely:-- "(a) to such class or category of the members of the Forces charged with the maintenance of public order, or
1. (b)to such class or category of other public servants of the Forces persons to whom the provisions of sub-section (1) or sub-section (2) apply) charged with the maintenance or public order, as may be specified in the notification, wherever they may be serving, and thereupon the provisions of sub-section (2) shall apply as if for the expression ‘Central Government’ occurring therein, the expression, 'State Government' were substituted.". [Vide Manipur Act 10 of 1983, s. 4]

Summary

All crimes listed in the Indian Penal Code must be investigated and tried using the procedures in this Code.
Crimes defined by any other laws are also generally handled according to these same procedural rules.
However, if another law has its own special rules for where or how a crime is tried, those rules take precedence.
This section ensures a uniform procedure for most criminal cases while respecting specialized laws.

Practical examples

1A man is accused of a crime under the Indian Penal Code. The police must follow the investigation steps found in the 1973 Act because Section 4 mandates that these specific procedures be used for all Penal Code offences.

2A company is charged with a crime under a special Environmental Act that has its own unique rules for how evidence is collected. Under Section 4, the police must follow that Environmental Act's special rules instead of the general Code.

FAQ

1. How are offences under the Indian Penal Code tried according to Section 4 of the Code of Criminal Procedure, 1973?

Under Section 4 of the Code of Criminal Procedure, 1973, all such offences must be investigated, inquired into, and tried according to the provisions of this Code.

2. Does the 1973 Code apply to crimes not in the Indian Penal Code according to Section 4?

Yes, Section 4 of the Code of Criminal Procedure, 1973 says other offences are dealt with by the same provisions, but this is subject to any other law regulating the process.

3. What happens if another law has a different trial location than this Code under Section 4?

Section 4 of the Code of Criminal Procedure, 1973 states that the rules of this Code apply subject to any other enactment that regulates the place of investigating or trying those offences.

Test yourself

Q1.Under Section 4 of the Code of Criminal Procedure, 1973, offences under the Indian Penal Code are investigated according to:

Q2.Under Section 4 of the Code of Criminal Procedure, 1973, when can a different law's procedures override this Code?

Q3.Under Section 4 of the Code of Criminal Procedure, 1973, the term "dealt with" refers to:

Q4.Under Section 4 of the Code of Criminal Procedure, 1973, if an offence is committed under a "Special Law," the 1973 Code:

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