Bharatiya Nagarik Suraksha Sanhita (BNSS) Code: Definitions
This section defines key defenitions used throughout the BNSS, which aims to replace the Criminal Procedure Code (CrPC). Understanding these definitions is crucial for interpreting and applying the provisions of the 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: Definitions
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.
