Code:
(1) In this Sanhita, unless the context otherwise requires,—
(a) “audio-video electronic means” shall include use of any communication device
for the purposes of video conferencing, recording of processes of identification, search
and seizure or evidence, transmission of electronic communication and for such other
purposes and by such other means as the State Government may, by rules provide;
(b) “bail” means release of a person accused of or suspected of commission of
an offence from the custody of law upon certain conditions imposed by an officer or
Court on execution by such person of a bond or a bail bond;
(c) “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;
(d) “bail bond” means an undertaking for release with surety;
(e) “bond” means a personal bond or an undertaking for release without surety;
(f) “charge” includes any head of charge when the charge contains more heads
than one;
(g) “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;
(h) “complaint” means any allegation made orally or in writing to a Magistrate,
with a view to his taking action under this Sanhita, 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;
(i) “electronic communication” means the communication of any written, verbal,
pictorial information or video content transmitted or transferred (whether from one
person to another or from one device to another or from a person to a device or from
a device to a person) by means of an electronic device including a telephone, mobile
phone, or other wireless telecommunication device, or a computer, or audio-video
player or camera or any other electronic device or electronic form as may be specified
by notification, by the Central Government;
(j) “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;
(k) “inquiry” means every inquiry, other than a trial, conducted under this
Sanhita by a Magistrate or Court;
(l) “investigation” includes all the proceedings under this Sanhita 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.
Explanation.—Where any of the provisions of a special Act are inconsistent
with the provisions of this Sanhita, the provisions of the special Act shall prevail;
(m) “judicial proceeding” includes any proceeding in the course of which
evidence is or may be legally taken on oath;
(n) “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 Sanhita 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;
(o) “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;
(p) “notification” means a notification published in the Official Gazette;
(q) “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;
(r) “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;
(s) “place” includes a house, building, tent, vehicle and vessel;
(t) “police report” means a report forwarded by a police officer to a Magistrate
under sub-section (3) of section 193;
(u) “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;
(v) “Public Prosecutor” means any person appointed under section 18, and
includes any person acting under the directions of a Public Prosecutor;
(w) “sub-division” means a sub-division of a district;
(x) “summons-case” means a case relating to an offence, and not being a
warrant-case;
(y) “victim” means a person who has suffered any loss or injury caused by
reason of the act or omission of the accused person and includes the guardian or
legal heir of such victim;
(z) “warrant-case” means a case relating to an offence punishable with death,
imprisonment for life or imprisonment for a term exceeding two years.
(2) Words and expressions used herein and not defined but defined in the Information
Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023 shall have the meanings
respectively assigned to them in that Act and Sanhita.
Explanation: Definitions
- “audio-video electronic means”: This includes using devices like video conferencing systems, recording equipment for identification, search, seizure, or evidence collection, and transmitting electronic communication. The State Government can further specify other means and purposes through rules.
- “bail”: Release from custody on certain conditions, typically involving a bond or bail bond, imposed by an officer or court.
- “bailable offence”: An offence listed as bailable in the First Schedule of the BNSS, or made bailable by other applicable laws. A “non-bailable offence“ is any other offence.
- “bail bond”: An undertaking for release with a surety (a person guaranteeing the accused’s appearance in court).
- “bond”: A personal undertaking or promise for release, either with or without a surety.
- “charge”: Includes any head of charge in cases where there are multiple charges against the accused.
- “cognizable offence”: An offence where a police officer can make an arrest without a warrant, as per the First Schedule or other applicable laws. A “cognizable case” refers to a case involving such an offence.
- “complaint”: An allegation made to a Magistrate, either verbally or in writing, about a suspected crime. It does not include a police report. A police report regarding a non-cognizable offence is considered a complaint.
- “electronic communication”: Transmission of written, verbal, pictorial, or video content via electronic devices like phones, computers, or other specified devices.
- “High Court”: Defines the relevant High Court based on the jurisdiction of the case, encompassing state High Courts, High Courts with extended jurisdiction, and the highest criminal appeal courts for Union territories (excluding the Supreme Court).
- “inquiry”: Any investigation conducted by a Magistrate or Court, excluding a trial.
- “investigation”: Collection of evidence by a police officer or authorized person, excluding a Magistrate.
- “judicial proceeding”: Any proceeding involving evidence taken under oath.
- “local jurisdiction”: The geographical area where a Court or Magistrate has authority to exercise its powers under the BNSS.
- “non-cognizable offence”: An offence where a police officer cannot arrest without a warrant. A “non-cognizable case” involves such an offence.
- “notification”: An announcement published in the Official Gazette.
- “offence”: Any act or omission punishable under law, including acts subject to complaints under certain specific laws.
- “officer in charge of a police station”: The police officer head of the station, or, if unavailable, the highest-ranking officer present at the station.
- “place”: Includes a variety of locations, from houses to vehicles.
- “police report”: A report sent by a police officer to a Magistrate under specific provisions.
- “police station”: A place designated as a police station by the State Government.
- “Public Prosecutor”: An individual appointed to represent the state in legal proceedings.
- “sub-division”: A subdivision of a district.
- “summons-case”: A case involving an offence that is not a warrant-case.
- “victim”: The person who suffers loss or injury due to the accused’s actions, including their guardian or legal heir.
- “warrant-case”: A case involving an offence punishable with death, life imprisonment, or imprisonment exceeding two years.
Illustration:
Imagine a person is arrested for a “cognizable offence” like theft. The police officer can make this arrest without a warrant, as the offence falls under the definition of “cognizable offence.” In cases of a “non-cognizable offence” like causing hurt, a police officer must obtain a warrant to arrest the accused person.
Common Questions and Answers:
Q: What is the difference between a “bailable” and “non-bailable” offence?
A: A bailable offence is one where the accused can be released on bail, while a non-bailable offence requires the accused to remain in custody until their trial.
Q: What are “audio-video electronic means” used for in criminal investigations?
A: These means are used for various purposes, including video conferencing with suspects or witnesses, recording evidence, and transmitting electronic communication related to the investigation.
Q: What is the role of the Public Prosecutor in criminal proceedings?
A: The Public Prosecutor represents the state in criminal cases, presenting evidence and arguments on behalf of the prosecution.
