Definitions

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 bailable by any other law for the time being in force; and "non-bailable offence" means any other offence; (b) "charge" includes any head of charge when the charge contains more heads than one; (c) "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; (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 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; (f) "India" means the territory of India excluding the State of Jammu and Kashmir; (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) "Magistrate" means, except in the expression "Chief Judicial Magistrate", every person exercising, under the Code, the powers of a Magistrate (whether called a Magistrate of the first, second or third class, or by any other title); (k) "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; (l) "notification" means a notification published in the Official Gazette; (m) "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); (n) "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; (o) "place" includes a house, building, tent, vehicle and vessel; (p) "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; (q) "prescribed" means prescribed by rules made under this Code; (r) "public prosecutor" means any person appointed under section 24, and includes any person acting under the directions of a public prosecutor; (s) "sub-division" means a sub-division of a district; (t) "summons-case" means a case relating to an offence, and not being a warrant-case; (u) "warrant-case" means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years; (v) 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.