Law and You >Procedural Laws > CrPC > Interpretation Clause of CrPC (S. 2)
The Code of Criminal Procedure (CrPC) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. Additionally, it also deals with public nuisance, prevention of offences and maintenance of wife, child and parents. Section 2 of CrPC defines various terms used in the Code.
(a) Bailable Offence:
A “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.
The first schedule enshrined in the Code is a ready reference which depicts the section, nature of the offence, whether it is cognizable or non-cognizable, bailable or non bailable, and in what court such an offence has to be tried. 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. Thus, non-bailable offence means any offence other than bailable offence. Generally bailable offences are less serious than non bailable offences and in bailable offence bail is granted as a matter of course by the police officer or by the court. Non bailable offence does not mean that bail can in no case be granted. It only means that it can be granted on the discretion of the court.
In Abdul Aziz v. State of U.P.¸2002 Cri LJ 2913 case, the Court observed that the first Schedule of CrPC consists of two parts, the first part is regarding the offences under the I.P.C. and the second part is regarding offences against other law. The second part provides that if the offence is punishable with imprisonment for less than three years of fine only it shall be bailable and can be tried by any Magistrate.
In Talab Haji Hussain v. Madhukar Pushottam Mondkar, AIR 1958 SC 376 case, the Court observed that it cannot be disputed that S. 436 of CrPC (of 1898) recognizes that a person accused of a bailable offence has a right to be enlarged on bail.
(b) Charge:
a “charge” includes any head of charge when the charge contains more heads than one.
In a general sense the object of charge is enabling the accused to have an idea of what he is being tried for and why he is being tried.
In Reily v. R, ILR 28 Cal 434(437) case, in which the charge was defined as “a precise formulation of the specific accusation made against a person who is entitled to know its nature at the earliest stage”.
The provision says as to what included in the definition of Charge i.e., the definition is the inclusive one. For example: if a man commits several offences by his single act, then all the offences are called heads of charge and all offences are individually and together are charge. The framing of charge plays a key role in criminal trial. It is the stage where a criminal case takes different paths, leads to different types of conclusions. The courts must be very cautious while framing the charges against the accused.
In V. C. Shukla v. State through C.B.I., 1980 Supplementary SCC 92 at page 150 and paragraph 110 of the report) case, Justice Desai delivering a concurring opinion, opined that “the purpose of framing a charge is to give intimation to the accused of clear, unambiguous and precise notice of the nature of accusation that the accused is called upon to meet in the course of a trial”.
(c) Cognizable Offence:
A “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;
Cognizable offence means an offence for 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 and a cognizable case means a case relating to an offence in which the police officer may, in accordance with the first schedule or under any other law for the time being in force, arrest without warrant. In order to be a cognizable case, it is enough if one or more of the offences are cognizable offences. Cognizable offences are both bailable, and non-bailable.
Examples of Cognizable Offences: Murder, Rape, Dowry Death, Kidnapping, Theft, Criminal Breach of Trust, Unnatural Offences.
These offences are serious in nature. The victim can file an FIR or make a complaint to the magistrate. The police officer is bound to register the FIR even without the permission of the Magistrate. The police can start a preliminary investigation without the permission of the court or without registering the FIR.
(d) Complaint:
A “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, 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.
Ingredients of a Complaint:
- it must be made to a magistrate,
- It must be made with a view to his taking the action under the code
- It must contain an allegation that some person whether known or unknown has committed an offence and
- It must not be the report of a police officer.
In Lajpat Rai v. State; 1983 Cr L J 888 case, the Court said that the meaning of the word complaint is common parlance is a grievance. A harmonious reading of the provisions of section 2(d) and 2(r) i.e. police report of the code would indicate that a police report of non-cognizable offence after investigation would be deemed to be a complaint and the police officer making such a report be deemed to be complainant.
In Municipal council v. Prabhu Narain, 1969 RLW 24 case, the Court observed that the complaint means the allegations made to a magistrate with a view to his taking action under law, that a person has committed an offence and a complainant, therefore is the person who makes an allegation in form of a complaint to the magistrate.
In Bhimappa Basapa v. Laxman S. Samagounda, AIR 1970 S.C 1155 case, the Court observed that the word complaint has a wide meaning and includes even an oral allegation. No form is prescribed which the complaint must take. All that is necessary is that there must be an allegation which prima facie discloses the commission of an offence with the necessary facts for the magistrate to take action. Further in order that it may be treated as a complaint it should contain allegations that a person known or unknown has committed an offence and action be taken against him. Therefore an application if it contains the requisite allegations can also be treated as a complaint
(e) High Court:
A “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.
High courts are the types of courts which are instituted as the courts powered by the constitution with the effect of Article 214 Chapter V of the Indian Constitution. High Courts are second Courts of Importance of the democracy of India. They are at the second level in the hierarchy of the courts in India. In general, they are subordinate to the Supreme Court. They are run by Article 141 of the Constitution of India. They are governed by the bindings conferred by the Supreme Court of India so far judgments and orders are concerned. The Supreme Court of India is the highest level of courts and is responsible for fixing the guidance to the High Courts set by precedence.
(f) India:
“India” means the territories to which this Code extends.
(g) Inquiry:
An “inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court.
The inquiry is conducted by the judiciary with the main objective to determine whether the further proceedings of the case move to trial and to discover the truth behind the facts of the case. The proceedings of inquiry move during the beginning of the charge framing. After the charge framing, the trial process starts. Thus, an inquiry is considered as the second stage of a criminal case after the investigation and it is conducted before the trial. According to the CrPC, the inquiry shall be conducted by the magistrate or the court.
By the very definition a clear line has been drawn between inquiry and trial, the later not defined by the code and has to be understood with reference to the context in which it occurs.
In Alim v. Taufiq, 982 CriLJ 1264 case,the court held that inquiry is the second stage of criminal proceedings and it shall be conducted by a Magistrate and not a Police officer. In criminal cases inquiry is different from a trial. The inquiry stops when the trial begins. And inquiry of an offence never ends in the conviction or acquittal of the accused.
In State of UP Vs Lakshmi Brahman, AIR 1983 SC 439 case, the supreme court has held that from the time the accused appears or is produced before the magistrate with the police report under section 170 and the magistrate proceeds to enquire whether under section 207 has been complied with and then proceeds to commit the accused to the court of sessions, the proceedings before the magistrate would be an enquiry as contemplated by section 2(g).
(h) Investigation:
An “investigation” includes all the proceedings under this Code 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.
It is the duty of a police officer to investigate in a comprehensive manner and thoroughly. Investigations in a cognizable offence by a police officer commences on the information received by an officer in charge of a police station relating to the commission of a cognizable offence or if such officer has reason to suspect the commission of a cognizable offence.
In H. N. Rishbud v. State of Delhi, AIR 1955 SC 196 case, the Court observed that under the code investigation consists generally of the following steps:
- Proceeding on the spot,
- Ascertainment of the facts and circumstances of the case,
- discovery and arrest of the suspected offender,
- Collection of evidence relating to the commission of the offence which may consist of the examination of various persons including the accused and reduction of their statements into writing if the officer thinks fit, the search of the places or seizure of things considered necessary for the investigation and to be produced at the trial and
- Formation of the opinion as to whether on the material collected there is a case to place the accused before a magistrate for trial and if so, taking necessary steps for the same by filing of a charge sheet under sec 173.
(i) Judicial Proceedings:
A “judicial proceeding” includes any proceeding in the course of which evidence is or may be legally taken on oath.
In The Bharat Bank Ltd., Delhi v. Employees of The Bharat Bank, AIR 1950 SC 188 case, the Supreme Court approved the test whether a proceeding is judicial as following:
- the presentation of the case by each of the parties to the dispute,
- Ascertainment of the facts by the evidence adduced by the parties if the question is purely of facts,
- The submission by the parties of legal arguments to ascertain a question of law and
- a decision disposing of the matter.
(j) Local Jurisdiction:
A “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 Code 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.
(k) Metropolitan Area:
“metropolitan area” means the area declared, or deemed to be declared, under section 8, to be a metropolitan area.
(l) Non-Cognizable Offence:
“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.
(m) Notification:
“notification” means a notification published in the Official Gazette.
(n) Offence:
An “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 (1 of 1871).
The definition applies to any act or omission punishable by any law for the time being in force. Therefore, to constitute an offence there must be a positive allegation that offence has been committed by the person accused of the offence and that such an offence is cause of an act or omission which is made punishable by law.
In M. L. Sethi v. R. P. Kapur, AIR 1967 SC 528 case, the Court observed that an offence is constituted as soon as it is found that the acts which constitute that offence have been committed by the person accused of the offence. It remains an offence whether it is triable by the court or not. If a law prescribes punishment for that offence, the fact that the trial of that offence can only be taken up by courts after certain specified conditions are fulfilled does not make that offence any less an offence.
(o) Officer in Charge of a Police Station:
an “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.
(p) Place:
a “place” includes a house, building, tent, vehicle and vessel.
(q) Pleader:
a “pleader”, when used with reference to any proceeding in any Court, means a person authorised by or under any law for the time being in force, to practise in such Court, and includes any other person appointed with the permission of the Court to act in such proceeding.
(r) Police Report:
a “police report” means a report forwarded by a police officer to a Magistrate under sub-section (2) of section 173.
In Babu Ram Agarwalla v. State, 1976 Cal HN 864 case, the Court observed that the definition in the code makes it clear that the expression ‘Police Report’ throughout the code would refer to the final report under sub section 2 of section 173 of the code in cognizable cases and also in non-cognizable cases where the investigation is undertaken under the order of the magistrate under section 155(2) of the code.
(s) Police Station:
A “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.
(t) Prescribed:
“prescribed” means prescribed by rules made under this Code.
(u) Public Prosecutor:
A “Public Prosecutor” means any person appointed under section 24, and includes any person acting under the directions of a Public Prosecutor.
Section 24 of the code has detailed out the provisions regarding the public prosecutors.
In State of Rajasthan v. Pukh Raj, AIR 1965 Raj 196 case, the Court observed that public prosecutors are of four catagories
- Appointed by the central government for conduct of any proceedings in the High Court,
- Appointed by the state government for conducting any proceedings in the High Court,
- Public and additional public prosecutors appointed by the state government for every district and
- Special public prosecutors appointed by the central or state government for a particular case or class of cases.
(v) Sub-Division:
A “sub-division” means a sub-division of a district.
(w) Summon-Case:
A “summons-case” means a case relating to an offence, and not being a warrant-case.
(wa) Victim:
A “victim” means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression “victim” includes his or her guardian or legal heir.
(x) Warrant-Case:
A “warrant-case” means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.
It is the quantum of punishment that distinguishes a warrant case from a summons case. The distinction does not depend upon whether a summons or warrants shall be issues in the first instance. Nor is the question whether the police may or may not arrest without warrant- cognizable or non-cognizable, any bearing upon the distinction between summons and warrant case. Chapter XX lays down the distinct procedure to be followed in the trial of summons cases and chapter XIX has the procedure of warrant cases.
(y) Words Not Defined in the Code:
Words and expressions used herein and not defined but defined in the Indian Penal Code (45 of 1860) have the meanings respectively assigned to them in that Code.