The code of criminal procedure, 1973 - section 2
Definitions.
In this Code, except the context in any other case requires, –
(a) “bailable offence” capability an offence which is proven as bailable in the First Schedule, or which is made bailable with the aid of any different regulation for the time being in force: and “non-bailable offence” ability any different offence.
(b) “charge” consists of any head of cost when the cost consists of greater heads than one:
(c) “cognizable offence” skill an offence for which, and “cognizable case” ability a case in which, a police officer may, in accordance with the First Schedule or beneath and different regulation for the time being in force, arrest except warrant.
(d) “complaint” ability any allegation made orally or in writing to a Magistrate, with a view to his taking motion below this Code, that some person, whether or not regarded or unknown, has dedicated an offence, however does no longer encompass a police report.
Explanation. A file made through a police officer in a case, which discloses, after investigation, the fee of a non-cognizable offence shall be deemed to be a complaints and the police officer with the aid of whom such document 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 prolonged by using law, that High Court;
(iii) In relation to any different Union territory, the best possible court docket of crook enchantment for that territory different than the Supreme Court of India;
(f) “India” capacity the territories to which this Code extends;
(g) “inquiry” skill each and every inquiry, different than a trial, carried out underneath this Code by using a Magistrate or court;
(h) “investigation” consists of all the lawsuits below this Code for the series of proof performed by means of a police officer or by means of any man or woman (other than a Magistrate) who is approved through a Magistrate in this behalf,
(i) “judicial proceeding” consists of any intending in the route of which proof is or can also be legally taken on oath;
(j) “local jurisdiction”, in relation to a court docket or Magistrate, capacity the neighborhood place inside which the Court or Magistrate may also workout all or any of its or his powers underneath this code 1[and such neighborhood vicinity may also contain the total of the state, or any section of the State, as the State Government may, by using notification, specify];
(k) “metropolitan area” skill the location declared, or deemed to be declared, beneath part 8, to be a metropolitan area;
(l) “non-cognizable offence” ability an offence for which, and “non-cognizable case” skill a case in which, a police officer has no authority to arrest besides warrant;
(m) “notification” potential a notification posted in the Official Gazette;
(n) “offence” capacity any act or omission made punishable with the aid of any regulation for the time being in pressure and consists of any act in admire of which a criticism may also be made beneath part 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 sickness or different motive to function his duties, the police officer existing at the station-house who is subsequent in rank to such officer and is above the rank of constable or, when, the State Government so directs, any different police officer so present;
(p) “place” consists of a house, building, tent, automobile and vessel;
(q) “Pleader”, when used with reference to any proceeding in any court, ability a man or woman approved with the aid of or beneath any regulation for the time being in force, to exercise in such court, and consists of any different appointed with the permission of the court docket to act in such proceeding.
(r) “police report” skill a file forwarded via a police officer to a Justice of the Peace below sub-section (2) of area 173;
(s) “Police report” capability any put up or region declared commonly or especially by way of the country government, to be a police station, and consists of any neighborhood region particular with the aid of the country authorities in this behalf;
(t) “prescribed” potential prescribed via regulations made beneath this code;
(u) “public prosecutor” capability any character appointed underneath area 24, and consists of any individual appearing beneath the instructions of a public prosecutor.
(v) “sub-division” ability a sub-division of a district;
(w) “summons-case” skill referring to to an offence, and now not being a warrant-case;
2[(wa) “victim” ability a man or woman who has suffered any loss or harm prompted by means of purpose of the act or omission for which the accused man or woman has been charged and the expression “victim” consists of his or her guardian or criminal their;]
(x) “warrant-case” ability a case concerning to an offence punishable with death, imprisonment for existence or imprisonment for a time period exceeding two years;
(y) phrases and expressions used herein and now not described however described in the Indian penal code (45 of 1860) have the meanings respectively assigned to them in that code.
COMMENTS
(i) there is no specific layout for a complaint. Nomenclature is additionally inconsequential. A petition addressed to the Magistrate containing an allegation that an offence has been committed, and ending with a prayer that the culprits be suitably dealt with, is a complaint; Mohd. Yousuf v. Afaq Jahan ; (2006) 1 SCC 627.
(ii) the expression “Judicial proceeding” described in clause (i) of part two consists of any intending in the path of which proof is or may also be legally taken on oath. The regulation does now not prescribe any unique approach of presentation of challan, namely, that it must be introduced with the aid of any police official. When the challan was once introduced earlier than the Court, who used to be performing as a Judicial Magistrate at that time, the first step in the judicial intending was once sitting in judicial proceeding; Shrichand v. State of Madhya Pradesh , (1993) Cr LJ 495.
परिभाषाएँ।
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