Section 2 in THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 – BNSS

Definitions.

2. (1) In this Sanhita, unless the context otherwise requires,—
   (a) “audio-video electronic means” shall include use of any communication device
   for the purposes of video conferencing, recording of processes of identification, search
   and seizure or evidence, transmission of electronic communication and for such other
   purposes and by such other means as the State Government may, by rules provide;
   (b) “bail” means release of a person accused of or suspected of commission of
   an offence from the custody of law upon certain conditions imposed by an officer or
   Court on execution by such person of a bond or a bail bond;
   (c) “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; and
   “non-bailable offence” means any other offence;
   (d) “bail bond” means an undertaking for release with surety;
   (e) “bond” means a personal bond or an undertaking for release without surety;
   (f) “charge” includes any head of charge when the charge contains more heads
   than one;
   (g) “cognizable offence” means an offence for which, and “cognizable case”
   means a case in which, a police officer may, in accordance with the First Schedule or
   under any other law for the time being in force, arrest without warrant;
   (h) “complaint” means any allegation made orally or in writing to a Magistrate,
   with a view to his taking action under this Sanhita, that some person, whether known
   or unknown, has committed an offence, but does not include a police report.
   Explanation.—A report made by a police officer in a case which discloses,
   after investigation, the commission of a non-cognizable offence shall be deemed to be
   a complaint; and the police officer by whom such report is made shall be deemed to be
   the complainant;
   (i) “electronic communication” means the communication of any written, verbal,
   pictorial information or video content transmitted or transferred (whether from one
   person to another or from one device to another or from a person to a device or from
   a device to a person) by means of an electronic device including a telephone, mobile
   phone, or other wireless telecommunication device, or a computer, or audio-video
   player or camera or any other electronic device or electronic form as may be specified
   by notification, by the Central Government;
   (j) “High Court” means,—
   (i) in relation to any State, the High Court for that State;
   (ii) in relation to a Union territory to which the jurisdiction of the High
   Court for a State has been extended by law, that High Court;
   (iii) in relation to any other Union territory, the highest Court of criminal
   appeal for that territory other than the Supreme Court of India;
   (k) “inquiry” means every inquiry, other than a trial, conducted under this
   Sanhita by a Magistrate or Court;
   (l) “investigation” includes all the proceedings under this Sanhita 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.
   Explanation.—Where any of the provisions of a special Act are inconsistent
   with the provisions of this Sanhita, the provisions of the special Act shall prevail;

(m) “judicial proceeding” includes any proceeding in the course of which
evidence is or may be legally taken on oath;
(n) “local jurisdiction”, in relation to a Court or Magistrate, means the local area
within which the Court or Magistrate may exercise all or any of its or his powers under
this Sanhita and such local area may comprise the whole of the State, or any part of
the State, as the State Government may, by notification, specify;
(o) “non-cognizable offence” means an offence for which, and “non-cognizable
case” means a case in which, a police officer has no authority to arrest without
warrant;
(p) “notification” means a notification published in the Official Gazette;
(q) “offence” means any act or omission made punishable by any law for the
time being in force and includes any act in respect of which a complaint may be made
under section 20 of the Cattle Trespass Act, 1871;
(r) “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 officer and is above the rank of constable or, when the State Government
so directs, any other police officer so present;
(s) “place” includes a house, building, tent, vehicle and vessel;
(t) “police report” means a report forwarded by a police officer to a Magistrate
under sub-section (3) of section 193;
(u) “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;
(v) “Public Prosecutor” means any person appointed under section 18, and
includes any person acting under the directions of a Public Prosecutor;
(w) “sub-division” means a sub-division of a district;
(x) “summons-case” means a case relating to an offence, and not being a
warrant-case;
(y) “victim” means a person who has suffered any loss or injury caused by
reason of the act or omission of the accused person and includes the guardian or
legal heir of such victim;
(z) “warrant-case” means a case relating to an offence punishable with death,
imprisonment for life or imprisonment for a term exceeding two years.
(2) Words and expressions used herein and not defined but defined in the Information
Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023 shall have the meanings
respectively assigned to them in that Act and Sanhita.

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