Section1- Short title, extent and commencement-
(1) This Act may be called The Code of Criminal Procedure,1973
(2) It extends to whole of India except state of Jammu and Kashmir
Provided that –
• chapter 8 (security for keeping peace)
• chapter 10 (maintenance of public order)
• chapter 11 (preventive action of the police)
Only applies on state of Nagaland and tribal areas. But by the concerned state government may by notification apply all such provisions or any part of it to state of Nagaland and Tribal Areas with Supplemental, consequential, or incidental modification.
(3) It shall come in force on the 1st day of April 1974.
Section-2 Definitions-
(a) Bailable offence- bailable offence is shown as bailable in first schedule. When a person is granted bail, he is released from restrain (legal custody). In case of a bailable offence, bail can be claimed as a matter of right. Non- bailable offence does not mean that bail can in no case be granted. Offences which are punishable with imprisonment of 3 years or more, have been consider as non-bailable offences and the offences which are punishable less than 3 years imprisonment or with fine only are consider as bailable offences.
Some of the bailable offences are- unlawful assembly, bribery, committing affray, giving false evidence etc.
Some of the non- bailable offences are- Murder (s.300), dowry death (s.304b), attempt to murder (s.307), voluntary causing grievous hurt (s.326), kidnapping (s.363), rape (s.376) etc.
(b) Charge- it includes any head of charge, when the charge contains more heads than one. Charge is a specific accusation made against a person of an offence alleged to have been committed by him. It is formulated against an accused after an inquiry. It must be specific and precise. In a summons/ summary trail, framing of charges is not necessary; but in warrant case it is so.
(c) Cognizable offence – offence under laws other than Indian Penal Code which are punishable with imprisonment for 3 years or more. In this police officer arrest without warrant. In this police officer can investigate without any order of magistrate. It is a public wrong. Examples- waging war against government, murder, culpable homicide not amounting to murder; dowry death; theft; extortion; etc.
(d) Complaint – any allegation made orally or in written 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. A mere statement made to magistrate by way of information, without asking him to take action, is not complaint. A complaint may relate to cognizable or non- cognizable offence.
(e) High Court-
High court means-
(1) for each state, the High Court for that state,
(2) for union territory to which the jurisdiction of the High Court of a State has been extended, that High Court, and
(3) for other UTs, the highest court of criminal appeal for that territory (but not the Supreme Court)
(f) India – India means the territories to which this code extends.
(g) Inquiry – it is second stage in a criminal case. It includes every inquiry other than a trial conducted under this code by a magistrate/ court. Inquiry dose not mean an inquiry into an offence because it relates to matters which are not offence. All those proceedings before a magistrate prior to the framing of a charge which do not result into conviction can be termed as inquiry.
(h) Investigation – all proceeding 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;
(i) judicial proceeding – any proceedings in the course of which evidence is or may be legally taken on oath.
(j) 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- section 8 of this code.
(l) non- cognizable offence- a police officer has no authority to arrest without warrant.
(m) notification- a notification published in the official gazette.
(n) offence – 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);
(o) offence in charge of 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 includes a house, building, tent, vehicles and vessel;
(q) 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.
A non-legal person could be appointed as a pleader with the court’s permission.
(r) police report- a report forwarded by a police officer to a magistrate under sub-section (2) of section 173. Report forwarded by police officer after the completion of investigation not earlier.
(s) police station- 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 means rules made under this code.
(u) Public Prosecutor- any person appointed under section 24 and includes any person acting under the direction of a public prosecutor.
(v) Sub- division means a sub-division of a district.
(w) summons case means a case relating to an offence, and not being a warrant case. Case relating to an offence which is not punishable with death, life- imprisonment or imprisonment exceeding 2 years.
(wa) 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 victim includes his or her guardian or legal heir.
(x) Warrant-case means case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.
(y) words and expressions used herein and not defined but defined in Indian Penal Code have the meanings respectively assigned to them in that code. It is also called as importation clause.
– Vaibhav Sanchar
Central University of South Bihar