Section 1 CrPC: Short title, extent and commencement

Code of Criminal Procedure, 1973

Section 1 CrPC at a Glance

Section 1 CrPC deals with short title, extent and commencement. From 1 July 2024 it is replaced by Section 1 BNSS.

Now BNSS

Section 1 →

What Section 1 CrPC Says

1. Short title, extent and commencement

(1) This Act may be called the Code of Criminal Procedure, 1973.

(2) It extends to the whole of India:

Provided that the provisions of this Code, other than those relating to Chapters VIII, X and XI 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.

Explanation

In this section, “tribal areas” means the territories which immediately before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong.

(3) It shall come into force on the 1st day of April, 1974.

Source: Section 1, Code of Criminal Procedure, 1973

Section 1 CrPC in Simple Words

Section 1 of the Code of Criminal Procedure, 1973 gives the short title of the Act, says that it extends to the whole of India, and fixes the date on which it came into force.

Under the proviso to Section 1(2) CrPC, only the provisions relating to Chapters VIII, X and XI apply in the State of Nagaland and the tribal areas.

The other provisions of the Code shall not apply there unless the concerned State Government, by notification, applies all or any of them, with such supplemental, incidental or consequential modifications as the notification specifies.

When Section 1 CrPC Applies

  • Section 1(1) and Section 1(2) of the Code of Criminal Procedure, 1973 state the short title by which the Act may be called and make it applicable across the whole of India, subject to the exceptions in the proviso to Section 1(2) CrPC.
  • The proviso to Section 1(2) CrPC provides that only the provisions relating to Chapters VIII, X and XI apply automatically in the State of Nagaland and the tribal areas, while the rest of the Code shall not apply there unless extended.
  • Section 1(2)(b) CrPC empowers the concerned State Government to issue a notification extending any or all of the excluded provisions of the Code to the whole or part of the State of Nagaland or the tribal areas, with such supplemental, incidental or consequential modifications as may be specified in the notification.
  • The Explanation to Section 1(2) CrPC defines tribal areas as those territories that formed part of the tribal areas of Assam under paragraph 20 of the Sixth Schedule to the Constitution immediately before the 21st day of January, 1972, outside the local limits of the municipality of Shillong.
  • Section 1(3) CrPC provides that the Code shall come into force on the 1st day of April, 1974.

Example of Section 1 CrPC

Ramesh faces a proceeding in the State of Nagaland under a provision of the Code of Criminal Procedure, 1973 outside Chapters VIII, X and XI, while Suresh faces a proceeding within the local limits of the municipality of Shillong. Under the proviso to Section 1(2) CrPC, provisions of the Code other than those relating to Chapters VIII, X and XI shall not apply to the State of Nagaland or the tribal areas unless applied by notification of the concerned State Government. If no notification has applied that provision to the State of Nagaland, it does not apply to Ramesh. Since the Explanation to Section 1(2) CrPC leaves the municipality of Shillong out of the tribal areas, the exclusion does not reach Suresh and the Code applies to the proceeding against Suresh.

When Section 1 CrPC Does Not Apply

  • Under the proviso to Section 1(2)(a) of the Code of Criminal Procedure, 1973, the provisions of the Code other than those relating to Chapters VIII, X and XI shall not apply to the State of Nagaland unless the concerned State Government applies them by notification.
  • Under the proviso to Section 1(2)(b) CrPC, the provisions of the Code outside Chapters VIII, X and XI shall not apply to the tribal areas unless the concerned State Government issues a notification applying them.
  • Under the Explanation to Section 1(2) CrPC, the exclusion for tribal areas does not apply to territories within the local limits of the municipality of Shillong or to territories that were not included in the tribal areas of Assam immediately before the 21st day of January, 1972, as referred to in paragraph 20 of the Sixth Schedule to the Constitution.

Section 1 CrPC Under BNSS 1: What Changed

Section 1 CrPC is now covered under Section 1 BNSS.

Section 1 of the Code of Criminal Procedure, 1973 became Section 1 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Updating the short title, replacing Code with Sanhita, and renumbering Chapters VIII, X and XI to Chapters IX, XI and XII are changes of form. Section 1(2) BNSS omits the opening clause stating that it extends to the whole of India and states the exclusion directly, while the rule for the State of Nagaland, the tribal areas, State Government notifications, and the Explanation is unchanged. Section 1(3) BNSS replaces the 1st day of April, 1974 with commencement by Central Government notification in the Official Gazette.

View detailed comparison (CrPC 1 vs BNSS 1) →

FAQs on Section 1 CrPC

Does the Code of Criminal Procedure, 1973 apply to the State of Nagaland and the tribal areas?▼

The proviso to Section 1(2) of the Code of Criminal Procedure, 1973 states that the provisions of the Code other than those relating to Chapters VIII, X and XI shall not apply to the State of Nagaland or to the tribal areas. Under Section 1(2)(b) CrPC, the concerned State Government may, by notification, apply any or all of those provisions to the whole or part of the State of Nagaland or such tribal areas with specified modifications.

What does the term tribal areas mean in Section 1(2) CrPC?▼

The Explanation to Section 1(2) CrPC defines tribal areas as the territories that, immediately before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution. The Explanation expressly excludes territories within the local limits of the municipality of Shillong from that definition, so the general exclusion for tribal areas does not apply to the municipality of Shillong.

When did Section 1 CrPC bring the Code into force and can a State Government modify its provisions when extending them?▼

Section 1(3) CrPC states that the Code shall come into force on the 1st day of April, 1974. When the concerned State Government issues a notification under Section 1(2)(b) CrPC to apply the provisions of the Code or any of them to the whole or part of the State of Nagaland or the tribal areas, it may apply them with such supplemental, incidental or consequential modifications as may be specified in the notification.

Where is Section 1 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Code was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 1 CrPC is found in Section 1 BNSS. Section 1(1) CrPC on the short title maps to Section 1(1) BNSS, Section 1(2) CrPC on extent and the exceptions for the State of Nagaland and the tribal areas maps to Section 1(2) BNSS, and Section 1(3) CrPC on commencement maps to Section 1(3) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 18 Oct 2026 ·