Chapter I

Section 2 CrPC: Definitions

New Law Update (2024)

Section 2 BNSS

TRIAL COURT

Punishment

Procedural – Warrant / Summons Process

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(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.
(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 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 Cattle-trespass 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 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;

Important Sub-Sections Explained

Section 2(c) Cognizable Offence

This crucial definition identifies offences where a police officer possesses the authority to arrest an individual without a warrant, enabling immediate police intervention and initiation of investigation without judicial permission.

Section 2(h) Investigation

This sub-section encompasses all procedures undertaken by a police officer or other authorised persons (excluding Magistrates) under the Code for the vital purpose of collecting evidence, forming the bedrock of any criminal proceeding.

Landmark Judgements

Lalita Kumari v. Govt of UP (2014):

The Supreme Court held that the registration of a First Information Report (FIR) under Section 154 CrPC is mandatory if the information discloses the commission of a cognizable offence, leaving no room for a preliminary inquiry in such cases. This judgment underscored the importance of prompt registration of cases involving cognizable offences.

H.N. Rishbud & Inder Singh v. State of Delhi (1955):

This seminal Supreme Court case delineated the meaning and scope of ‘investigation’ under the CrPC, stating that it comprises all proceedings conducted by a police officer for the collection of evidence. The ruling clarified that investigation includes steps like proceeding to the scene, ascertaining facts, and collecting evidence, which are crucial for the police to function effectively.

Draft Format / Application

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