CPC vs CrPC Key Differences

To maintain Justice in society for both civil and criminal cases, CPC and CrPC (BNSS) were enacted. The article below lays down the objectives of the two codes and key differences between the two. 

CPC vs CrPC Key Differences

CPC and CrPC are both integral procedural laws. Code of Civil Procedure was enacted to take care of the civil disputes in society. However, the CrPC (Code of Criminal Procedure), which was replaced by Bharatiya Nagarik Suraksha Sanhita (BNSS) takes care of the criminal cases.

The CPC came into effect on January 01, 1909, and, it was framed on March 21, 1908. Whereas, CrPC came into effect on April 1, 1974. Recently, a new name was given to CrPC, which is Bhartiya Nagarik Suraksha Sanhita which replaced the CrPC on July 1, 2024.

To maintain Justice in society for both civil and criminal matters, these laws were enacted. However, the framework to deal with the problems is different. The civil cases such as property, family matters, contract cases, etc. are dealt with through CPC. The cases involving theft, murder, fraud, etc., are dealt with through the BNSS, 2023. Read further to understand in detail about the two Codes and know the key differences between the CPC and CrPC.

What is Code of Civil Procedure (CPC)?

This code deals with the civil cases that involve a plaintiff and defendant. The cases on property agreement disputes, family matters like divorce, dowry, breach of contracts, etc. are dealt through the Code of Civil Procedure.

Objective of CPC

Following are the objective of Code of Civil Procedure-

• To regulate the laws that govern the civil courts and ensure to provide a fair and organized decisions on civil cases.
• This code provides a clear context on how to file a suit, how will lawsuits be conducted, and rules to deal with the disputes.
• It also provides norms for the situations where lawsuit need to be transferred or if there are amendments in the pleadings.

What is Code of Criminal Procedure (CrPC)?

This code deals with the criminal cases such as theft, fraud, murder, rape, etc. Any crime against the society is dealt in this code. This law provides for the norms regarding investigation, evidence collection, arrest, trial, etc. It also lays down how an FIR is filed.

Objective of CrPC (now BNSS, 2023)

Following are the objective of Code of Civil Procedure (Bhartiya Nagarik Suraksha Sanhita)-

• It provides a legal basis on how the justice will be provided in criminal proceedings.
• To regulate the laws that govern the criminal courts and ensure to provides a machinery for investigation and fair trial.
• It ensures a fair trial and speedy justice.
• The norms on how a case will be filled and proceeded for investigation are laid down in this code.
• The CrPC (now BNSS) lays down the punishment in a particular cases.
• It guarantees to safeguard the rights of the accused.

Key Differences between CPC vs CrPC

Refer to the table below for detailed contrast between the two Codes-

Both the Codes form a significant part of Law syllabus. The students of Law or the Lawyers need to study these codes in detail. Both the laws are the pillars to deal with justice in India for civil suits or criminal proceedings. There are around 158 sections in the Code of Civil Procedure along with certain orders and rules. However, CrPC has around 484 sections along with two schedules.

Also Read: Judiciary System in India