THE CODE OF CRIMINAL PROCEDURE, 1898
(V OF 1898)
[22nd March, 1898]
An Act to consolidate and amend the law
relating to the Criminal Procedure
4. Definitions. (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 Provincial Government may,
from time 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) [Rep.
by the Repealing and Amending Act, 1923 (Act, XI of 1923)];
(e) [Omitted
by Law Reforms Ordinance, 1972];
(f) “Cognizable offence”; “Cognizable Case”. ”Cognizable
offence” means an offence for, and “cognizable case” means a case, in which a
police-officer, may, in accordance with the second schedule or under any law
for the time being in force, arrest without warrant;
(g) [Omitted
by A.O. 1949;]
(h) “Complaint.”--“Complaint” means the
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 it does not include the reports of a police-officer;
(i) [Omitted
by Act II of 1950.]
(j) “High Court.”--“High Court” means the
highest Court of criminal appeal or revision for a Province;
(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 a Magistrate)
who is authorised 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;
[1][(ma) “Magistrate”. “Magistrate” means a
Judicial Magistrate and includes a special Judicial Magistrate appointed under
Sections 12 and 14;]
(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, may not arrest without warrant;
(o) “Offence.”--“Offence” means any act or omission made punishable by
any law for the time being in force it also includes any act in respect of
which a complaint may be made under Section 20 of the Cattle-Trespass Act,
1871;
(p) “Officer incharge of a police-station.”--“Officer incharge of a
police-station” includes, when the officer incharge 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 Provincial
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, a 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 proceeding;
(s) “Police-Station.”--“Police-station” means any post or place
declared, generally or specially, by the Provincial Government to be a
police-station, and includes any local area specified by the Provincial
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 the State 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) defining “summons cases”
as a case relating to an offence, and not being a warrant case. [Omitted by Law
Reform Ordinance, 1972.]
(w) defining “warrant cases” as
a case relating to an offence punishable with death, transportation or
imprisonment for a term exceeding six months. [Omitted by Law Reform Ordinance,
1972].
(2) Words
referring to acts. Words which refer
to acts done, extend also to illegal omission; and
Words to have same meanings as in