Legal provisions regarding the Extent and Application of the Code of Criminal Procedure, 1973 under section 1 of the Code of Criminal Procedure, 1973.
As per Section 1 of the Code of Criminal Procedure, 1973, the Code extends to the whole of India except the State of Jammu and Kashmir. However, the provisions of this Code, other than those relating to Chapters VIII, X and XI thereof, shall not apply:—
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(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 modification as may be specified in the notification.
According to the explanation of Section 1 of the Code, ‘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.
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Though the procedure to be followed in these areas is not required to be strictly in accordance with the provisions of the Code, yet it must satisfy the standard of fairness as is implicit in Article 21 of the Constitution which provides that no person shall be deprived of his life or personal liberty except according to procedure established by law.
The provisions of the Code are applicable in respect of every investigation, inquiry or trial of any offence under the Indian Penal Code or under any other law.
A State Legislature may modify the provisions of the Code as the subject of Criminal Procedure is in the concurrent list in the Seventh Schedule appended to the Constitution. The modified provisions of the Code by a State would apply to that State. As the Code has been passed by Parliament it applies uniformally throughout India.
