Important Definitions under CrPC

Some definitions under the Code can be discussed to develop an effective understanding of Classification of Offences under the
Code. Therefore, we will discuss these definition under the larger heading of Classification of Offences under CrPC.

Classification of Offences under CrPC: For the purpose of applying the provisions of the Code the offences may be classified into
3 main categories. These are as follows:

1. Cognizable and Non-cognizable Offences:

 Cognizable Offence is defined under Section 2 (c) which 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.

 Non-cognizable Offence is defined under Section 2 (l) “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.

Therefore, this classification is based on Power of Police to Arrest (and also to investigante an offence)
Differences between Cognizable and Non Cognizable Offences:
Cognizable Offences
1. Defined under Section 2(c) of Cr.P.C.
2. An offence for 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.
3. Part II of the First Schedule of the Code which deals with
offences other than that of IPC and provides that if the
offence is punishable with death, imprisonment for life or
imprisonment for 3 years or more that offence shall be
treated as cognizable offences.
4. First Informaton Report is registered under Section 154
of the Code.
5. Generally serious offences.
6. After recording the FIR under section 154, any officer in
charge of police station may, without the order of a
Magistrate, investigate any cognizable case. [Section 156]
Non-cognizable Offences
1. Defined under Section 2(l) of CrPC.
2. An offence for which, a police officer has no authority
to arrest without warrant.
3. Part II of the First Schedule of the Code which deals with
offences other than that of IPC and provides that if the
offence is punishable with imprisonment for less than 3
years or with fine only that offence shall be treated as non-
cognizable offences
4. Information is recorded under Section 155 of the Code.
5. Generally less serious offences.
6. No police officer shall investigate a non-cognizable case
without the order of a Magistrate having power to try such
case or commit the case for trial. [Section 155]
2. Bailable and Non-bailable Offence:

Section 2(a) gives the definition or meaning of both Bailable an Non-Bailable Offence:

 According to Section 2 (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; and “non-bailable offence” means any other offence;

Therefore, the basis of this classification is release of accused/suspected person from custody.

The Supreme Court in Moti Ram & Ors. v. State of M.P., (1978) laid down the rule governing the law relating to bail in India and
observed that the bail is rule, jail is exception.

We wil discuss these definitions in brief detail while discussing the Law Relating to Bail in India.
Differences between Bailable Offence and Non-Bailable Offence
Bailable Offence
1. 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. [Section 2(a)]
2. Part II of the First Schedule of the Code which deals with
offences other than that of IPC and provides that if the
offence is punishable with imprisonment for less than 3
years or with fine only that offence shall be treated
bailable offences.
3. Accused can claim bail as a matter of right. If he is
fulfilling all other conditions.
4. No provision for Anticipatory Bail.
Non-Bailable Offence
1. Offence other than bailable offence. [Section 2(a)]
2. Part II of the First Schedule of the Code which deals with
offences other than that of IPC and provides that if the
offence is punishable with death, imprisonment for life or
imprisonment for 3 years or more that offence shall be
treated non-bailable offences.
3. An accused cannot claim bail as a matter of right. Court or
Officer in Charge of Police Station may grant bail. It is
discretion of Court or Officer in Charge of Police Station to
grant bail. There are certain exceptional cases when granting
of bail is mandatory in non-bailable offences as well. For
example Section 167, Section 437(2), Section 437(6), and Section
437(7) etc.
4. Provision of Anticipatory Bail is applicable. [See, Section
438 of CrPC]
3. Warrant Case and Summon Case:

According to Section 2 (x) “warrant- case” means a case relating to an offence punishable with death, imprisonment for life
or imprisonment for a term exceeding two years.

According to Section 2(w) “summon-case” means a case relating to an offence, and not being a warrant- case. [i.e. a case
relating to an offence punishable with an imprisonment for a term upto 2

Therefore, the basis of the classification of offences into Warrant Case and Summon Case - the seriousness of the Offence.

This classification is useful:

 to determine the type of trial procedure to be adopted in a case. The trial procedure prescribed for a warrant case is
much more elaborate than the trial procedure provided for a summon case.

 to decide as to whether summons or warrant is to be to the accused person in the first instance at the stage of issuing
process. [Read Section 204]

We will discuss this classification in detail under Topic 5 and Topic 6 of our Course.
Difference between Summon Case and Warrant Case:
Summon Case [Section 2(w)]
1. Meaning: a case relating to an offence, and not being
a warrant- case.[i.e. relating to an offence which is
punishable with imprisonment upto two years]
2. One procedure for conducting the trial of Summon Cases
[See, Sections 251-259]
3. Framing of Charge not necessary. [Section 251]
4. Summon shall be issued [Section 204(1) (a)].
5. Trial of Summons Cases can be converted into trial of
warrant cases. [Section 259]
6. Consequence of non-appearance of complainant -
Magistrate may acquit the accused.
Warrant Case [Section 2(x)]
1. Meaning: a case relating to an offence punishable with
death,imprisonment for life or imprisonment for a term
exceeding two years.
2. Two Types of procedure for conducting the trial of
Warrant Case by Magistrate. These are:
(i) Trial of Warrant Cases instituted on Police Report
[Sections 238 – 243, 248-250]
(ii) Trial of Warrant Cases instituted otherwise than on
Police Report [Sections 244 –247, 248-250]
3. It is mandatory to frame charge.
4. Either warrant or summon may be issued [Section 204(1) (b)]
5. Trial of Warrant cases cannot be converted into Summon
Cases.
6. Consequence of non-appearance of complainant - In some
case Magistrate may discharge the accused before framing
of charge.
Meaning of Inquiry and Investigation:
Let us now discuss the meaning of Inquiry and Investigation and the differnce between these two.

According to Section 2 (g) “inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court

According to Section 2(h) defines ‘investigation’ includes all the procedings under this Code for the collection of evidence
conducted by a police officer or by an person (other than a Magistrate) who is authorised by a Magistrate in this behalf.

Therefore,
 purpose of investigation is collection of evidence. It is not judicial proceeding.
 Investigation is conducted by (i) a police officer or (ii) by any person (other than a Magistrate) who is authorised by a
Magistrate in this behalf.
Differences between Inquiry and Investigation
Inquiry [Section 2(g)]
1. Meaning: every inquiry, other than a trial, conducted under
this Code by a Magistrate or Court.
2. Always conducted by Magistrate or Court.
3. Object of Inquiry is to find out if there is a prima facie
case against the accused person.
4. Judicial Proceeding.
Investigation [Section 2(h)]
1. Meaning: 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;
2. Conducted by Police officer or by any person (other than a
Magistrate) who is authorised by a Magistrate in this behalf
3. Object of investigation is collection of evidence.
4. Not a Judicial Proceeding.
 Differences between Inquiry and Trial:

Inquiry Trial
1. Defined under Section 2(g). 1. Not defined under the Code.
2. Meaning: every inquiry, other than a trial, conducted under this 2. Trial may be said to be a judicial proceeding which ends
Code by a Magistrate or Court. either in conviction or acquittal of accused.
3. Object: to find out if there is a prima facie case against the 3. Conducted by Magistrate or Court with a view to find out
accused person. whether the accused is actually guilty of the offences
charged.
4. It is Conducted before the stage of framing of charge 4. It commences after the framing of charge

It includes all the steps which a criminal court adopts

subsequent to the framing of the charge and until the
pronouncement of judgment of conviction or acquittal.
Other Definitions:

Meaning of Complaint: According to Section 2 (d) “complaint” means any 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 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;

Meaning of Metropolitan Area: Accroding to Section 2 (k) “metropolitan area” means the area declared, or deemed to be declared,
under section, to be a metropolitan area. [Read this definition with Section 8 of the Code]

Meaning of Offence: According to Section 2 (n) “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 (1 of
1871 ). [Also read the definitions of 'Offence under Section of Indian Penal Code and General Clauses Act]
Meaning of Police Station: According to Section 2 (s) “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.

Meaning of Officer in Charge of Police Station: According to Section 2 (o) “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.

Meaning of Police Report: According to Section 2 (r) “police report” means a report forwarded by a police officer to Magistrate
under section (2) of section 173.

Meaning of Victim: According to Section 2 (wa) “victim” means a person who has suffered any loss or injury caused by reason of the
act or omission for which the accused person has been charged and the expression “victim” includes his or her guardian or legal
heir.

Note: According to Section 2 (y) words and expressions used herein and not defined but defined in the Indian Penal Code (45 of 1860)
have the meanings respectively assigned to them in that Code. [This section is bridge between Cr.P.C and Indian Penal Code.]