Definitions under The Code of Criminal Procedure, 1973

Definitions under The Code of Criminal Procedure, 1973

Bailable Offence 

• An accused charged with a bailable offence has the right to be released on bail under section 436 of the Cr.P.C.
• However, the Court is empowered to refuse the bail for a bailable offence if the accused fails to comply with the conditions of the bail bond.

Examples:

• Voluntarily causing hurt. (S.323)
• Causing miscarriage. (S.312)
• Attempt to commit suicide. (S.309)
• Being a member of unlawful assembly.
• Bribery in relation to elections.

Non – Bailable Offence

• An accused charged with a non – bailable offence has no right to be released on bail, however, his release on bail rests on the discretion of the Court hearing his bail application.
• The Court may refuse to grant bail in a non – bailable offence if the credential of the accused/applicant are doubtful.

Examples:

• Murder (S.302)
• Dowry Death (S.304-B)
• Rape (S.376)
• Kidnapping (S.363)
• Attempt to murder. (S.307)

Cognizable offence – S.2(c)

• A police officer may arrest the accused charged with a cognizable offence without a warrant.
• A police officer means only such particular class of officers as bestowed with unqualified power to arrest without warrant.
• An offence which is only punishable with fine is never a cognizable one.

Non – Cognizable Offence – S.2(l)

• An offence for which the Police Officer has no authority to arrest without a warrant.
• Such offences are less serious in nature. 

Meaning 

• Allegation made orally or in writing; 
• To a Magistrate; 
• Against a known or an unknown person.
• *A complaint does not include a police report.

Any person can file a complaint 

• No specific authorization is required to file a complaint.
• A complaint may be filed in the name of Union or State.
• Mere technicalities shall not hamper the ends of justice, when otherwise the accused is found guilty.

Essentials of a Complaint

• An oral or written allegation; 
• That some person known or unknown has committed an offence;
• It must be made to the Magistrate;
• It must be made with the object that he must take an action.

Exceptions – What does not constitute as a Complaint

• First Information Report; 
• Charge sheet;
• Petition u/s. 125 Cr.P.C.

Orally or in Writing

• No form of complaint has been prescribed under the Code of Criminal Procedure.
• A complaint may be made orally or in writing.

Meaning 

• Inquiry u/s. 2(g) means every inquiry conducted by the Magistrate or Court.
• Inquiry does not include a trial.

Inquiry vis-à-vis Trial 

• Inquiry stops when the trial begins.
• Inquiry includes application of mind for determination of any issue arising in a particular case.
• Trial would mean determination of guilt or otherwise relating to an offence.
• The expression inquiry is thus of wide import and includes every other proceeding than trial.

Inquiry vis-à-vis Investigation

• Inquiry and investigation are different terms.
• Investigation is carried out by the police and Inquiry is carried out by the Magistrate or the Court.

Meaning & Scope 

• Proceeding for collection of evidence;
• Conducted by a Police officer or by any person authorized by the Court.
• Investigation falls under the domain of the investigating agency; while inquiry falls under the domain of the Court or the Magistrate.
• Judiciary cannot interfere in the investigation by the Police.

Steps involved in investigation 

The following steps are involved in investigation of an offence:

1. Proceedings to the spot;
2. Ascertaining all the facts and circumstances;
3. Discovery and arrest of suspected offender;
4. Collection of evidence;
5. Examination of various persons;
6. Formation of opinion, followed by a charge sheet.

Illegality in investigation 

• An illegality in the course of investigation does not vitiate the trial.
• An investigation officer may go beyond the code, in order to collect evidence and further assist the Court to meet the ends of justice.

Meaning & Scope 

Judicial proceedings include:

• Inquiry 
• Trial 
• Judicial proceedings do not include:
• Investigation.

Presentation of Challan 

• When the challan is presented in the Court, it takes form of a judicial proceeding.

Taking of Evidence 

• It is not necessary that the Judge or Magistrate concerned must be actually recording evidence in order to amount to judicial proceedings.

Summons Case – S.2(w)

• An offence for which the punishment is less than 2 years of imprisonment is called a summon case.
• Therefore, the determining factor for deciding the character of a case as warrant or summons case would be the measure of punishment.

Warrant Case – S.2(x)

A warrant – case would be the one for which the following punishment is prescribed:

• Death penalty; or
• Imprisonment for life; or
• Imprisonment for more than 2 years.
• The division between summons – case and warrants – case marks off ordinary cases from serious ones and determines the mode of trial.

Meaning 

• A Police report means a report forwarded by a police officer to a Magistrate under S.173(2).
• No other kind of report has been contemplated u/s. 173(2).

Contents of a Police Report 

• The name of the parties;
• The nature of information;
• The name of persons who appear to be acquainted with the circumstances of the case.
• Whether any offence appears to have been committed;
• Whether the accused has been arrested;
• Whether the accused has been released on bond;
• Whether the investigation relates to an offence u/s. 376.

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