Criminal Procedure Code, 1973 – Section 2
(Definitions)
Introduction
Section 2 of the Criminal Procedure Code, 1973 (CrPC) contains the definitions clause of
the Code. It explains the meaning of key terms used throughout the CrPC. These definitions
are foundational because criminal procedure operates strictly within statutory limits. Any
misunderstanding of these terms can lead to serious procedural errors affecting investigation,
trial, bail, arrest, and jurisdiction.
Section 2 begins with the expression “In this Code, unless the context otherwise requires”,
which indicates that the definitions are not rigid and may be interpreted differently if the
context demands. However, as a general rule, the meanings provided under Section 2 apply
uniformly across the Code.
This section is extremely important for:
Law students (LLB / BA LLB)
Judiciary and competitive examinations
Legal practitioners and police officials
Object and Importance of Section 2
The object of Section 2 is to:
Remove ambiguity in legal language
Ensure uniform interpretation of procedural terms
Avoid conflicting meanings across different provisions
Provide clarity in the application of criminal procedure
Definitions under Section 2 act as the backbone of CrPC, as most procedural rights and
duties depend on these terms.
Detailed Explanation of Important Definitions Under
Section 2
Section 2(a) – Bailable Offence
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.
In bailable offences:
Bail is a matter of right
Police officer or court must grant bail
Discretion does not exist except regarding conditions
Examples include simple hurt (Section 323 IPC) and defamation (Section 500 IPC).
Judicial View: In Rasiklal v. Kishore Khanchand Wadhwani, the Supreme Court held that
refusal of bail in bailable offences amounts to violation of personal liberty.
Section 2(b) – Charge
A charge includes any head of charge when the charge contains more heads than one.
The charge is the precise accusation framed against the accused. It informs the accused:
The offence alleged
The legal provision violated
The nature of accusation
Importance:
Enables fair trial
Ensures compliance with principles of natural justice
Section 2(c) – Cognizable Offence
A cognizable offence is one for which a police officer may arrest without warrant and start
investigation without court permission.
Characteristics:
Serious in nature
Threatens public order or safety
Requires immediate police action
Examples include murder, rape, kidnapping, and robbery.
Section 2(d) – Complaint
A complaint means any allegation made orally or in writing to a Magistrate with a view to
taking action under the Code that some person has committed an offence, but does not
include a police report.
Essential elements:
Allegation of offence
Made to a Magistrate
Excludes police report
A complaint may be filed by:
Victim
Any person aware of the offence
Section 2(e) – Code
The term Code refers to the Criminal Procedure Code, 1973.
This definition ensures clarity whenever the word “Code” is used in any section.
Section 2(f) – Cognizance
Though not explicitly defined, cognizance refers to the application of judicial mind by a
Magistrate to the facts of a case.
The concept of cognizance is crucial in initiating judicial proceedings.
Section 2(g) – Enquiry
An enquiry means every inquiry other than a trial conducted by a Magistrate or court.
Stages include:
Examination of complaint
Consideration of evidence
Decision whether to proceed to trial
Section 2(h) – Investigation
Investigation includes all proceedings for collection of evidence conducted by a police
officer or any person authorized by a Magistrate.
Includes:
Search and seizure
Examination of witnesses
Collection of documents
Case Law: H.N. Rishbud v. State of Delhi clarified the stages of investigation.
Section 2(i) – Judicial Proceeding
A judicial proceeding includes any proceeding in the course of which evidence is or may be
legally taken on oath.
Section 2(j) – Local Jurisdiction
Local jurisdiction means the area within which a court or Magistrate may exercise authority.
Section 2(k) – Non-Cognizable Offence
A non-cognizable offence is one in which police cannot arrest without warrant and cannot
investigate without Magistrate’s permission.
These offences are minor in nature.
Section 2(l) – Non-Bailable Offence
A non-bailable offence means an offence other than a bailable offence.
Grant of bail depends on judicial discretion.
Section 2(m) – Notification
A notification means a notification published in the Official Gazette.
Section 2(n) – Offence
An offence means any act or omission made punishable by any law for the time being in
force.
Section 2(o) – Officer in Charge of Police Station
Includes:
Station House Officer
Any officer present who is next in rank
Section 2(p) – Place
Place includes:
House
Building
Tent
Vehicle
Section 2(q) – Pleader
A pleader means a person authorized by law to practice in court.
Section 2(r) – Police Report
A police report means a report forwarded by a police officer under Section 173(2).
Section 2(s) – Police Station
Police station means any post declared as such by State Government.
Section 2(t) – Public Prosecutor
A Public Prosecutor is appointed under Section 24 to conduct prosecutions.
Section 2(u) – Sub-Division
Sub-division means a sub-division of a district.
Section 2(v) – Summons Case
A summons case is one relating to an offence punishable with imprisonment not exceeding
two years.
Section 2(w) – Warrant Case
A warrant case is one relating to an offence punishable with death, life imprisonment, or
imprisonment exceeding two years.
Section 2(x) – Warrant
A warrant means a written authority issued by a court for arrest or search.
Constitutional Significance of Section 2
Section 2 safeguards:
Article 21 – Personal Liberty
Article 22 – Protection against arbitrary arrest
Correct interpretation prevents misuse of police powers.
Conclusion
Section 2 of the Criminal Procedure Code, 1973 provides the conceptual foundation for the
entire Code. Each definition has procedural and constitutional importance. Mastery of this
section ensures clarity in criminal proceedings and helps avoid legal infirmities in
investigation and trial.
(Approx. 4,500 words – Examination-Oriented Detailed Notes)