Description

In this Code, unless the context requires otherwise:

• "Bailable offence" refers to an offence that is listed as bailable in the First Schedule or made bailable under any other applicable law currently in force; and "non-bailable offence" refers to any other offence.

• "Charge" includes any specific head of charge, even when the charge contains multiple heads.

• "Cognizable offence" refers to an offence for which a police officer may, in accordance with the First Schedule or under any other applicable law, arrest the accused without a warrant, and "cognizable case" refers to a case where this applies.

• "Complaint" refers to any allegation, whether made orally or in writing, presented to a Magistrate with the intention of initiating action under this Code, that a person (known or unknown) has committed an offence, excluding a police report.

• "High Court" refers to:

  • For any State, the High Court of that State;
  • For a Union Territory to which the jurisdiction of the High Court for a State has been extended by law, that High Court;
  • For any other Union Territory, the highest Court of criminal appeal for that territory, excluding the Supreme Court of India.

• "India" refers to the territories where this Code applies.

• "Inquiry" refers to any inquiry, other than a trial, conducted under this Code by a Magistrate or Court.

• "Investigation" includes all proceedings under this Code aimed at collecting evidence, conducted either by a police officer or a person authorized by a Magistrate for this purpose.

• "Judicial proceeding" refers to any proceeding in which evidence is, or may be, legally presented under oath.

• "Local jurisdiction" refers to the area within which a Court or Magistrate may exercise its or his powers under this Code. This area can cover the entire State or a part of it, as determined by the State Government through a notification.

• "Metropolitan area" refers to an area declared or deemed to be declared as such under section 8.

• "Non-cognizable offence" refers to an offence where a police officer does not have the authority to arrest without a warrant, and "non-cognizable case" refers to a case where this applies.

• "Notification" refers to a notification published in the Official Gazette.

• "Offence" refers to any act or omission punishable by law, and includes any act in relation to which a complaint can be made under section 20 of the Cattle-trespass Act, 1871 (1 of 1871).

• "Officer in charge of a police station" refers to the police officer in charge of the station, or, in the officer’s absence, the next officer in rank who is above the constable rank, or any other officer assigned by the State Government.

• "Place" refers to a house, building, tent, vehicle, or vessel.

• "Pleader" refers to a person authorized to practice in a Court as per any applicable law, or any person permitted by the Court to act in a proceeding.

• "Police report" refers to the report submitted by a police officer to a Magistrate under Sub-Section (2) of Section 173.

• "Police station" refers to any post or location designated by the State Government as a police station, which may include any specified local area.

• "Prescribed" refers to requirements outlined by rules created under this Code.

• "Public Prosecutor" refers to any person appointed under Section 24 and also includes anyone acting under the Public Prosecutor’s direction.

• "Sub-division" refers to a sub-division of a district.

• "Summons-case" refers to a case involving an offence, but not a warrant-case.

• "Warrant-case" refers to a case involving an offence punishable by death, life imprisonment, or imprisonment for a term exceeding two years.