Explanation of Section 2: Definitions of the Bharatiya Nagarik Suraksha Sanhita, 2023
This section provides clear meanings of important terms used in the Sanhita, making it easier to understand and apply the law. Let’s explain each definition simply, with examples.
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(a) Audio-Video Electronic
This refers to using technology like video conferencing, recording devices, or electronic communication tools for legal procedures such as identification, search, seizure, or recording evidence.
Example:
A witness gives their testimony via video conferencing because they cannot travel to court.
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(b) Bail
When a person accused or suspected of a crime is allowed to leave custody (jail) under certain conditions, it is called bail.
Example:
Raj is accused of theft but is allowed to go home after signing a bond and promising to attend court hearings.
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(c) Bailable Offence and Non-Bailable Offence
A bailable offence is one where the accused has the right to get bail (e.g., minor theft).
A non-bailable offence is one where bail is not guaranteed, and the court decides based on the seriousness of the crime (e.g., murder).
Example:
Stealing a pen is a bailable offence, while robbery with a weapon is non-bailable.
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(d) Bail Bond
An agreement where the accused gives a guarantee to follow bail conditions, with a surety (guarantor).
Example:
Raj's friend signs a bail bond, promising the court that Raj will attend hearings.
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(e) Bond
A personal guarantee for release without needing a surety.
Example:
The court allows Priya to go on her personal bond, trusting she will return for her hearing.
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(f) Charge
A specific accusation against a person. If there are multiple accusations, each is considered a "head of charge."
Example:
A person accused of theft and trespass has two charges.
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(g) Cognizable Offence
For serious offences, the police can arrest the person without a warrant.
Example:
Murder or kidnapping are cognizable offences.
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(h) Complaint
A written or oral accusation made to a Magistrate about someone committing an offence. A police report about a non-cognizable offence also counts as a complaint.
Example:
A person files a complaint with a Magistrate about their neighbor damaging their property.
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(i) Electronic Communication
Any communication using devices like mobile phones, computers, or cameras to transfer information.
Example:
Sending a voice message about a legal matter through WhatsApp.
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(j) High Court
The highest court in a state or union territory, except for the Supreme Court.
Example:
For Uttar Pradesh, the Allahabad High Court is the relevant High Court.
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(k) Inquiry
Any investigation conducted by a Magistrate or court that is not a trial.
Example:
A Magistrate examining evidence in a domestic violence case before deciding to proceed.
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(l) Investigation
The process by which police or an authorized person collects evidence for a case.
Example:
The police investigate a burglary by collecting fingerprints and CCTV footage.
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(m) Judicial Proceeding
Any process where evidence is recorded under oath.
Example:
A witness giving a sworn statement during a trial.
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(n) Local Jurisdiction
The area where a Magistrate or court has authority to act.
Example:
A Magistrate in Lucknow cannot handle a case that occurred in Delhi unless authorized.
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(o) Non-Cognizable Offence
For less serious offences, police cannot arrest without a Magistrate’s permission.
Example:
Verbal abuse is a non-cognizable offence.
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(p) Notification
An official announcement published in the government’s official publication (the Gazette).
Example:
The Central Government issues a notification declaring new traffic rules.
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(q) Offence
Any act or omission punishable by law.
Example:
Stealing someone’s phone or failing to report a crime are both offences.
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(r) Officer in Charge of a Police Station
The police officer in charge of a station, or the next senior officer present when the in-charge is absent.
Example:
If the Station House Officer (SHO) is unavailable, the sub-inspector takes charge.
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(s) Place
Includes any building, vehicle, tent, or vessel.
Example:
A theft in a car is still a crime committed at a "place."
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(t) Police Report
A report sent by the police to a Magistrate after completing an investigation.
Example:
The police submit a report about a burglary investigation to the court.
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(u) Police Station
Any post or location declared a police station by the State Government.
Example:
A mobile police van in a tribal area can be declared a police station.
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(v) Public Prosecutor
The lawyer appointed by the government to argue criminal cases on behalf of the state.
Example:
A Public Prosecutor argues against a person accused of murder.
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(w) Sub-Division
A part of a district.
Example:
Lucknow district may be divided into smaller sub-divisions for administrative purposes.
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(x) Summons-Case
A case for a minor offence where a simple summons (order to appear) is enough.
Example:
A person caught littering faces a summons-case.
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(y) Victim
A person who suffers harm, loss, or injury due to an accused’s actions, including their guardian or heir.
Example:
A family member of someone injured in a car accident caused by the accused is a victim.
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(z) Warrant-Case
A case involving serious offences punishable by death, life imprisonment, or imprisonment over two years.
Example:
A murder trial is a warrant-case.
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(2) Reference to Other Acts
Words not defined here but found in
the Information Technology Act, 2000, or Bharatiya Nyaya Sanhita, 2023, will have the same meaning as in those laws.
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These definitions help ensure that everyone involved in legal proceedings clearly understands the terms used in the Act.
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