Section 4 CrPC: Trial of offences under the Indian Penal Code and other laws
Code of Criminal Procedure, 1973
Section 4 CrPC at a Glance
Section 4 CrPC deals with trial of offences under the Indian Penal Code and other laws. From 1 July 2024 it is replaced by Section 4 BNSS.
What Section 4 CrPC Says
4. Trial of offences under the Indian Penal Code and other laws
(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 or place of investigating, inquiring into, trying or otherwise dealing with such offences.
Source: Section 4, Code of Criminal Procedure, 1973
Section 4 CrPC in Simple Words
Section 4 of the Code of Criminal Procedure, 1973 says which procedure applies to offences.
Under Section 4(1) CrPC, all offences under the Indian Penal Code shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions of the Code.
Under Section 4(2) CrPC, all offences under any other law shall be dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.
When Section 4 CrPC Applies
- Every offence under the Indian Penal Code shall be handled at every stage, from investigation and inquiry to trial and other proceedings, under Section 4(1) of the Code of Criminal Procedure, 1973.
- Investigations, inquiries, trials, and other proceedings for Indian Penal Code offences shall follow the procedural provisions set out in the Code under Section 4(1) CrPC.
- Where an offence is created by a law other than the Indian Penal Code, the procedures in the Code shall still govern its investigation, inquiry, trial, and other handling under Section 4(2) CrPC.
- Section 4(2) CrPC makes the procedure in the Code subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with offences under that other law.
Example of Section 4 CrPC
When Section 4 CrPC Does Not Apply
- Under Section 4(2) CrPC, the provisions of the Code do not govern the manner or place of investigating, inquiring into, trying, or otherwise dealing with an offence under another law to the extent that an enactment for the time being in force regulates that manner or place.
Section 4 CrPC Under BNSS 4: What Changed
Section 4 CrPC is now covered under Section 4 BNSS.
Section 4 of the Code of Criminal Procedure, 1973 became Section 4 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024 with the same section and sub-section numbering. The only wording differences are in the section heading and in Section 4(1) BNSS, where the reference to the Indian Penal Code in Section 4(1) CrPC is replaced with a reference to the Bharatiya Nyaya Sanhita, 2023. Those updated statutory references are changes of form. Both the rule in Section 4(1) BNSS and the entire text of Section 4(2) BNSS for offences under any other law are unchanged.
View detailed comparison (CrPC 4 vs BNSS 4) →FAQs on Section 4 CrPC
How are offences under the Indian Penal Code dealt with under Section 4 CrPC?▼
Section 4(1) of the Code of Criminal Procedure, 1973 states 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. So investigation, inquiry, trial and every other step in a case of an Indian Penal Code offence follow the procedure in the Code.
Does the Code of Criminal Procedure, 1973 apply to offences under laws other than the Indian Penal Code?▼
Yes, Section 4(2) of the Code of Criminal Procedure, 1973 states that all offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions of the Code. However, Section 4(2) CrPC makes this rule subject to any enactment for the time being in force that regulates the manner or place of investigating, inquiring into, trying, or otherwise dealing with such offences.
What happens when another enactment has its own rules for the manner or place of handling an offence?▼
Under Section 4(2) of the Code of Criminal Procedure, 1973, the general provisions of the Code apply to offences under any other law only subject to any enactment for the time being in force that regulates the manner or place of investigating, inquiring into, trying, or otherwise dealing with those offences. Where such an enactment in force regulates the manner or place of those proceedings, that enactment governs to that extent under Section 4(2) CrPC.
Where is Section 4 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. From 1 July 2024, the provision corresponding to Section 4 CrPC is found in Section 4 BNSS, and Section 4(2) CrPC is found in Section 4(2) BNSS. Section 4(1) BNSS substitutes the Bharatiya Nyaya Sanhita, 2023 for the Indian Penal Code, while Section 4(2) BNSS retains the rule for offences under any other law.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 18 Oct 2026 ·