Section 266 CrPC: Definitions – Code of Criminal Procedure – India Law

1. State the code

Section 266 of the Code of Criminal Procedure (CrPC), 1973, defines certain terms and expressions used in the code. It is crucial for understanding the context and application of various provisions within the CrPC.

2. Explain it

This section defines several key terms, including:

• “Court”: This refers to any court empowered under the CrPC to exercise jurisdiction in criminal matters.
• “Judge”: This encompasses any judicial officer, including a Magistrate, a Sessions Judge, a High Court Judge, or a Supreme Court Judge.
• “Magistrate”: This term encompasses various types of magistrates, such as Judicial Magistrates, Executive Magistrates, Metropolitan Magistrates, etc., who have specific powers and jurisdictions outlined in the CrPC.
• “Public Prosecutor”: This refers to the officer appointed by the government to conduct prosecutions on behalf of the state.
• “Police Officer”: This encompasses officers belonging to the Indian Police Service or any other police force authorized to investigate and apprehend offenders.
• “Officer-in-charge”: This refers to the officer who is in charge of a police station or a specific area.
• “Investigating Officer”: This designates the police officer responsible for investigating a particular case.
• “Offence”: This refers to any act or omission punishable under the Indian Penal Code or any other law.
• “Cognizable Offence”: This signifies an offence for which a police officer can arrest a suspect without a warrant.
• “Non-cognizable Offence”: This signifies an offence for which a police officer cannot arrest a suspect without a warrant.
• “Bailable Offence”: This denotes an offence for which the accused can be released on bail.
• “Non-bailable Offence”: This denotes an offence for which the accused cannot be released on bail.
• “Summons-case”: This refers to a case where the accused is summoned to court, and no arrest is necessary.
• “Warrant-case”: This refers to a case where a warrant for the arrest of the accused is issued.
• “Complainant”: This denotes the person who files a complaint or report of an offence.
• “Accused”: This denotes the person against whom a complaint or report is filed, or who is accused of committing an offence.
• “Witness”: This refers to a person who has personal knowledge of the facts of a case and can testify in court.
• “Document”: This includes any writing, map, plan, graph, or electronic record that can be used as evidence in court.

3. Illustrate it

A police officer is investigating a case where a person is accused of theft. The theft is considered a cognizable offence, meaning the officer has the power to arrest the suspect without a warrant. This falls under the definition of “cognizable offence” provided in Section 266.

4. Provide a gist of common question and answers regarding the code

Q: What is the significance of Section 266 in the CrPC?
A: This section defines key terms used throughout the CrPC, ensuring uniformity in understanding and applying the code’s provisions.

Q: Does this section apply to all types of criminal cases?
A: Yes, Section 266 applies to all criminal cases, regardless of the nature of the offence or the stage of proceedings.

Q: What is the distinction between a “warrant-case” and a “summons-case”?
A: In a “warrant-case”, the court issues a warrant for the arrest of the accused, while in a “summons-case”, the accused is simply summoned to court without arrest.

Q: What is the role of the “Public Prosecutor” in a criminal case?
A: The Public Prosecutor represents the state and prosecutes the accused in criminal cases.