CrPC Section 2
Section 2 of the Criminal Procedure Code (CrPC), 1973 – Definitions
Section 2 of the CrPC is a very important section that provides definitions of key terms used throughout the Code. These definitions are essential to understand the legal meanings and interpretations of various words in the context of criminal proceedings.
Below is a detailed explanation of the key clauses under Section 2 of the CrPC:
Clause (a): "Bailable Offence" and "Non-Bailable Offence"
Bailable Offence: An offence which is shown as bailable in the First Schedule of the CrPC or which is made bailable by any other law for the time being in force. In such cases, bail is a matter of right.
Non-Bailable Offence: Any other offence that is not bailable. Bail in such cases is not a right and is granted at the discretion of the court.
Clause (b): "Charge"
A charge means the precise and specific accusation made against a person, stating what offence they are alleged to have committed.
Clause (c): "Cognizable Offence"
A cognizable offence is one in which a police officer may arrest the accused without a warrant and begin investigation without the permission of the court. These are generally more serious offences like murder, rape, kidnapping, etc.
Clause (d): "Complaint"
A complaint is any allegation made orally or in writing to a Magistrate, with a view to taking action under the CrPC, that some person (known or unknown) has committed an offence.
It does not include a police report.
Clause (e): "High Court"
Refers to the High Court established for a State or Union Territory.
Clause (f): "India"
Refers to the territory of India as defined in Article 1 of the Constitution, including Union Territories.
Clause (g): "Inquiry"
Refers to every inquiry, other than a trial, conducted under the CrPC by a Magistrate or Court.
Clause (h): "Investigation"
The process of collection of evidence by a police officer or other authorized person in a case involving a cognizable or non-cognizable offence.
Clause (i): "Judicial Proceeding"
Any proceeding in the course of which evidence is or may be legally taken on oath.
Clause (j): "Local Jurisdiction"
Refers to the geographical area within which a court or magistrate can exercise their authority.
Clause (k): "Metropolitan Area"
An area declared as a metropolitan area by the State Government for cities with a population of more than one million (10 lakhs), e.g., Mumbai, Delhi, etc.
Clause (l): "Non-Cognizable Offence"
An offence in which a police officer has no authority to arrest without the prior permission of a Magistrate. These are usually less serious offences.
Clause (m): "Notification"
A notification published in the Official Gazette.
Clause (n): "Offence"
Any act or omission made punishable by any law currently in force.
Clause (o): "Officer in Charge of a Police Station"
The officer who is officially appointed in charge of a police station, usually an Inspector or Sub-Inspector.
Clause (p): "Place"
Includes a building, tent, vehicle, or vessel.
Clause (q): "Pleader"
A person authorized to appear and act in court on behalf of a party. This includes lawyers and advocates.
Clause (r): "Police Report"
A report forwarded by a police officer to a Magistrate under Section 173(2) of the CrPC after completing an investigation.
Clause (s): "Police Station"
A place designated by the State Government for use by the police, having a defined jurisdiction.
Clause (t): "Prescribed"
As defined or prescribed by the rules made under this Code.
Clause (u): "Public Prosecutor"
A person appointed under Section 24 of the CrPC to represent the State in criminal trials.
Clause (v): "Sub-Divisional Magistrate"
A Magistrate appointed under Section 20(4) of the CrPC to head a subdivision of a district.
Clause (w): "Summons-Case"
A case relating to an offence that is not a warrant case (i.e., offences punishable with imprisonment for less than two years).
Clause (x): "Warrant-Case"
A case relating to an offence punishable with death, life imprisonment, or imprisonment exceeding two years.
Summary:
Section 2 of CrPC is foundational for interpreting the Code. It gives legal clarity and uniform understanding of terms used throughout the criminal justice process. Proper understanding of these terms is crucial for anyone involved in criminal law – lawyers, judges, police officers, and law students.
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