Section 467 CrPC: Definitions – Indian Code of Criminal Procedure

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Section 467 CrPC: Definitions

This section of the Code of Criminal Procedure (CrPC) defines key terms used throughout the code. These definitions help ensure clarity and consistency in legal proceedings.

1. The Code:

Section 467 CrPC is a part of the Code of Criminal Procedure, 1973, which governs the procedure for investigation, trial, and punishment of offenses in India.

2. Explanation:

Section 467 defines various terms, including:

  • “Court”: Refers to any judicial authority empowered to try offenses or to exercise any power conferred by the CrPC.
  • “Magistrate”: A judicial officer appointed to exercise judicial powers in accordance with the CrPC.
  • “Police Officer”: An individual appointed as a police officer under any law for the time being in force relating to the police.
  • “Public Servant”: A person holding an office in the service of the Government.
  • “Offence”: An act or omission made punishable by law.
  • “Cognizable Offence”: An offence for which a police officer can arrest a person without a warrant.
  • “Non-Cognizable Offence”: An offence for which a police officer cannot arrest a person without a warrant.
  • “Bailable Offence”: An offence for which a person can be released on bail.
  • “Non-Bailable Offence”: An offence for which a person cannot be released on bail.

3. Illustration:

For example, if someone is accused of theft, which is a cognizable offence, the police can arrest them without a warrant. However, if someone is accused of a non-cognizable offence like defamation, the police cannot arrest them without a warrant.

4. Common Questions and Answers:

Q: What is the difference between a cognizable and non-cognizable offence?
A: A cognizable offence allows for arrest without a warrant, while a non-cognizable offence does not.

Also Read  CrPC Section 454: Appeal Against Orders Under Sections 452 & 453 - Indian Criminal Procedure Code

Q: What is the purpose of defining these terms in Section 467?
A: These definitions ensure clarity and consistency in legal proceedings. They help everyone involved in the criminal justice system understand the same terminology and apply the law appropriately.

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