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in.act_1898_5 View entire act

4. Definitions

3 judgments cite this provision SC

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(1) In this Code the following words and expressions have the following meanings, unless a different intention appears from the subject or context :

(a) "Advocate General" - "Advocate General" includes also a Government Advocate or, where there is no Advocate General or Government Advocate, such officer as the State Government may, from time to to time, appoint in this behalf :
(b) "Bailable offence", "Non-bailable offence" . - "Bailable offence" means an offence shown as bailable in the Second Schedule, or which is made bailable by any other law for the time being in force; and "non-bailable offence" means any other offence;
(c) "Charge" - "Charge" includes any head of charge when the charge contains more heads than one;
(d) [Repealed.]
(e) "Clerk of the State" - ["Clerk of the State"] includes any officer specially appointed by the Chief Justice to discharge the function given by this Code to the [Clerk of the State]
(f) "Cognizable offence", Cognizable case" - "Cognizable offence" means an offence, for and "cognizable case" means a case in which a officer, within or without the presidency-towns may, in accordance with the Second Schedule, or under any law for the time being in force, arrest without warrant.
(g) "Commissioner of Police" - "Commissioner of Police" includes a Deputy Commissioner of Police;
(h) "Complaint" - "Complaint" means the allegation made orally or in writing to a Magistrate with a view to this taking action under this Code, that some person, whether known or unknown, has committed an offence, but it does not include the report of a police officer;
(i) ["High Court" in relation to the Andaman and Nicobar Islands means the High Court in Calcutta and in relation to any other local area, means the highest Court of criminal appeal for that area (other than the Supreme Court) or, where no such Court is established under any law for the time being in force, such officer as the State Government may appoint in this behalf];
(j) "India" means the territories to which this Code extends;
(k) "Inquiry" - "Inquiry" includes every inquiry other than a trial conducted under this Code by a magistrate or Court;
(l) "Investigation" - "Investigation" includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than Magistrate) who is authorized by a Magistrate in this behalf;
(m) "Judicial proceeding" - "Judicial proceeding" includes any proceeding in the course of which evidence is or may be legally taken on oath;
(n) "Non-cognizable offence," "Non-cognizable case." - "Non-cognizable offence" means an offence for, and "non-cognizable case" means a case in which a police officer, within or without a presidency-town, may not arrest without warrant;
(o) "Offence" - "Offence" means any act or omission made punishable by any law for the time being in force;
(p) "Officer in charge of a police station" - "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 and is above the rank of constable or, when the State Government so directs, any other police officer so present;
(q) "Place" - "Place" includes also a house, building, tent and vessel;
(r) "Pleader" - "Pleader" used with reference to any proceeding in any Court, means a pleader or a mukhtar authorized under any law for the time being in force to practise in such Court, and includes

(1) an advocate, vakil and an attorney of a High Court so authorized, and

(2) any other person appointed with the permission of the Court to act in such proceedings;

(s) "Police station" - "Police station" means any post or place declared, generally or specially, by the State Government to be a police station, and includes any local area specified by the State Government in this behalf;
(t) "Public Prosecutor" - "Public Prosecutor" means any person appointed under Section 492, and includes any person acting under the directions of a Public Prosecutor and any person conducting a prosecution on behalf of Government in any High Court in the exercise of its original criminal jurisdiction;
(u) "Sub-division" - "Sub-division" means a sub-division of a district;
(v) "Summons-case" - "Summons-case" means a case relating to an offence, and not being a warrant-case; and
(w) "Warrant case" - "Warrant case" means a case relating to an offence punishable with death, [imprisonment for life or imprisonment for a term exceeding one year]. Words referring to acts -

(2) Words which refer to acts done, extend also to illegal omissions; and Words to have same meaning as in Indian Penal Code. - All words and expressions used herein and not hereinabove defined shall be deemed to have the meanings respectively to them by that Code.