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CrPC Section 2. Definitions


 
Category of Bare Act Name of the Act Year of Promulgation
Criminal Laws Code of Criminal Procedure 1973
Act Number Enactment Date Chapter Number
02 01-04-1974 1
Chapter Title Ministry Department
Preliminary Ministry of Home Affairs Department of Internal Security

In this Code, unless the context otherwise requires,
(a) bailable offence means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and non-bailable offence means any other offence;
(b) charge includes any head of charge when the charge contains more heads than one;
(c) cognizable offence means an offence for which, and cognizable case means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant;
(d) complaint means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.
Explanation.A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant;
(e) High Court means,
(i) in relation to any State, the High Court for that State;
(ii) in relation to a Union territory to which the jurisdiction of the High Court for a State has been extended by law, that High Court;
(iii) in relation to any other Union territory, the highest Court of criminal appeal for that territory other than the Supreme Court of India;
(f) India means the territories to which this Code extends;
(g) inquiry means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court;
(h) investigation includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf;
(i) judicial proceeding includes any proceeding in the course of which evidence is or may be legally taken on oath;
(j) local jurisdiction, in relation to a Court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers under this Code 1 and such local area may comprise the whole of the State, or any part of the State, as the State Government may, by notification, specify;
(k) metropolitan area means the area declared, or deemed to be declared, under section 8, to be a metropolitan area;
(l) non-cognizable offence means an offence for which, and non-cognizable case means a case in which, a police officer has no authority to arrest without warrant;
(m) notification means a notification published in the Official Gazette;
(n) offence means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattletrespass Act, 1871 (1 of 1871);
(o) officer in charge of a police station includes, when the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when the State Government so directs, any other police officer so present;
(p) place includes a house, building, tent, vehicle and vessel;
(q) pleader, when used with reference to any proceeding in any Court, means a person authorised by or under any law for the time being in force, to practise in such Court, and includes any other person appointed with the permission of the Court to act in such proceeding;
(r) police report means a report forwarded by a police officer to a Magistrate under sub-section (2) of section 173;
(s) police station means any post or place declared generally or specially by the State Government, to be a police station, and includes any local area specified by the State Government in this behalf;
(t) prescribed means prescribed by rules made under this Code;
(u) Public Prosecutor means any person appointed under section 24, and includes any person acting under the directions of a Public Prosecutor;
(v) sub-division means a sub-division of a district;
(w) summons-case means a case relating to an offence, and not being a warrant-case;
2(wa) victim means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression victim includes his or her guardian or legal heir;
(x) warrant-case means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years;
(y) words and expressions used herein and not defined but defined in the Indian Penal Code (45 of 1860) have the meanings respectively assigned to them in that Code.


1. Ins. by Act 45 of 1978, s. 2 (w.e.f. 18-12-1978).
2. Ins. by Act 5 of 2009, s. 2 (w.e.f. 31-12-2009).

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