Section 2 CrPC: Definitions under the Code of Criminal Procedure, 1973
Section 2 of the Code of Criminal Procedure, 1973 (CrPC) defines important expressions used throughout the Code. These definitions determine how procedural provisions concerning arrest, investigation, complaints, inquiries, trials and criminal courts are understood.
Meaning and scope of Section 2 CrPC
The opening words of Section 2 state that the listed meanings apply "unless the context otherwise requires." Therefore, the statutory definitions ordinarily control the use of these expressions throughout the CrPC, while still allowing the context of a particular provision to require a different reading.
The distinction between terms such as cognizable and non-cognizable, bailable and non-bailable, and summons-case and warrant-case affects important procedural questions. Section 2 also defines institutional and procedural expressions including complaint, investigation, inquiry, police report, police station, pleader and Public Prosecutor.
Section 2 CrPC definitions explained
Clause (a): Bailable offence and non-bailable offence
A bailable offence is one shown as bailable in the First Schedule or made bailable by another law in force. A non-bailable offence is any other offence.
Clause (b): Charge
Charge includes each head of charge where a charge contains more than one head.
Clause (c): Cognizable offence and cognizable case
A cognizable offence is one for which, and a cognizable case is one in which, a police officer may arrest without warrant in accordance with the First Schedule or another law in force.
Clause (d): Complaint
A complaint is an oral or written allegation made to a Magistrate, seeking action under the Code, that a known or unknown person has committed an offence. It does not include a police report. A police report disclosing only a non-cognizable offence after investigation is deemed to be a complaint, and the reporting police officer is deemed to be the complainant.
Clause (e): High Court
For a State, it means that State's High Court. For a Union territory within the jurisdiction of a State High Court, it means that High Court; for another Union territory, it means the highest court of criminal appeal for that territory other than the Supreme Court of India.
Clause (f): India
India means the territories to which the Code extends.
Clause (g): Inquiry
Inquiry means every inquiry, other than a trial, conducted under the Code by a Magistrate or Court.
Clause (h): Investigation
Investigation includes proceedings under the Code for collection of evidence by a police officer or by another person, other than a Magistrate, who is authorised by a Magistrate.
Clause (i): Judicial proceeding
A judicial proceeding includes a proceeding in which evidence is or may legally be taken on oath.
Clause (j): Local jurisdiction
In relation to a Court or Magistrate, local jurisdiction is the local area within which powers under the Code may be exercised; the notified area may comprise the whole or part of a State.
Clause (k): Metropolitan area
A metropolitan area is an area declared, or deemed declared, under Section 8 of the CrPC.
Clause (l): Non-cognizable offence and non-cognizable case
A non-cognizable offence is one for which, and a non-cognizable case is one in which, a police officer has no authority to arrest without warrant.
Clause (m): Notification
Notification means a notification published in the Official Gazette.
Clause (n): Offence
Offence means an act or omission punishable by law and includes an act for which a complaint may be made under Section 20 of the Cattle-trespass Act, 1871.
Clause (o): Officer in charge of a police station
The expression includes, during the absence or inability of the officer in charge, the police officer present at the station-house who is next in rank and above the rank of constable, or another police officer present when the State Government so directs.
Clause (p): Place
Place includes a house, building, tent, vehicle and vessel.
Clause (q): Pleader
For a court proceeding, a pleader is a person authorised by law to practise in that Court and includes another person permitted by the Court to act in that proceeding.
Clause (r): Police report
Police report means a report forwarded by a police officer to a Magistrate under Section 173(2) of the CrPC.
Clause (s): Police station
Police station means a post or place declared generally or specially by the State Government to be a police station and includes the local area specified for it.
Clause (t): Prescribed
Prescribed means prescribed by rules made under the Code.
Clause (u): Public Prosecutor
Public Prosecutor means a person appointed under Section 24 and includes a person acting under the directions of a Public Prosecutor.
Clause (v): Sub-division
Sub-division means a sub-division of a district.
Clause (w): Summons-case
A summons-case is a case relating to an offence that is not a warrant-case.
Clause (wa): Victim
Victim means a person who has suffered loss or injury because of the act or omission for which the accused has been charged, and includes the victim's guardian or legal heir.
Clause (x): Warrant-case
A warrant-case is a case relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years.
Clause (y): Undefined expressions
Words and expressions used but not defined in the CrPC, and defined in the Indian Penal Code, 1860, carry the meanings assigned to them in that Code.
State amendments and historical notes
The source page contained references to Haryana/Chandigarh and Manipur amendments and historical amendment notes. State amendments should be read from the applicable official text because their operation can depend on the State or Union territory and the relevant period. The central text records that the expanded wording concerning local jurisdiction in clause (j) was inserted by Act 45 of 1978, and the definition of "victim" in clause (wa) was inserted by Act 5 of 2009.
Why Section 2 CrPC is important
Section 2 is the interpretive foundation for the CrPC. For example, whether an offence is cognizable determines the police power to arrest without warrant under the statutory definition; the distinction between a summons-case and a warrant-case determines which trial procedure applies; and the distinction between a complaint and a police report affects the route by which a Magistrate deals with a criminal case.
This page is a general legal reference. For a pending proceeding, verify the applicable enactment, commencement date, saving provisions, State amendments and current judicial interpretation.