Section 2 CrPC: Definitions – Indian Code of Criminal Procedure Explained

1. The Code

Section 2 of the Code of Criminal Procedure (CrPC) defines several important terms used throughout the CrPC. This section is crucial for understanding the scope and application of various provisions within the Code.

2. Explanation

Section 2 provides definitions for key terms like:

• “Court”: It encompasses all courts established under the CrPC and other laws.
• “Magistrate”: Refers to a judicial officer who exercises jurisdiction over criminal cases.
• “Police Officer”: Includes all officers of the police force, as well as individuals authorized to perform police duties.
• “Public Servant”: Covers individuals employed by the government or performing duties entrusted to them by law.
• “Offence”: Any act or omission that is declared an offence under the Indian Penal Code or any other law.
• “Cognizable Offence”: An offence where the police can arrest the accused without a warrant.
• “Non-Cognizable Offence”: An offence where the police cannot arrest the accused without a warrant.
• “Bailable Offence”: An offence where the accused can be released on bail.
• “Non-Bailable Offence”: An offence where the accused cannot be released on bail.

3. Illustration

For example, if a person is accused of theft, the police can arrest them without a warrant because theft is a cognizable offence under the Indian Penal Code. However, if a person is accused of causing hurt, which is a non-cognizable offence, the police cannot arrest them without a warrant.

4. Common Questions and Answers

Q: What is the difference between a Magistrate and a Judge?

A: In India, the term “Magistrate” is used specifically for judicial officers who exercise jurisdiction over criminal cases. While “Judge” is a broader term that can encompass both criminal and civil court judges.

Q: Can any police officer arrest someone for any offence?

A: No, only police officers have the authority to arrest, and only for offences where their powers permit arrest without a warrant (cognizable offences) or with a warrant (non-cognizable offences).