Page:Code of Criminal Procedure (India) 1973.djvu/2

This page needs to be proofread.
30
Code of Criminel Procedure
[Act 2

2. In this Code, unless the context otherwise requires,

(a) "bailable offence" means an offence which is shown as bailable in the First Schedule, or which is made bariable by any other law for the time being an force; and "non-bailable offence" means any other offence;

(b) "change" includes any head of charge when the charge contains more heads than one;

(c) "cognizable offence" means an offence for which and "engnizable case" means a ease 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;

(d) "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;

(e) "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 juridiction 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;

(f) "India" means the territories to which this Code extends;

(g) "Inquiry" means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court;

(h) "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;

(i) "judicial proceeding" includes any proceeding in the course of which evidence is or may be legally taken on oath;

(j) "local juridiction", 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;

(k) "metropolitan area" means the area declared, or deemed to be declared, under section 8, to be a metropolitan area;

(l) "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;