What Is BNSS Section 2?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 2: Definitions

(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 (1 of 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 (2 of 2000) and the Bharatiya Nyaya Sanhita, 2023 shall have the meanings respectively assigned to them in that Act and Sanhita.

Brief Detail

Section 2 provides definitions for various terms used in the Bharatiya Nagarik Suraksha Sanhita, 2023. These definitions clarify the meanings of legal terms and concepts necessary for interpreting and applying the provisions of the Act. It establishes clear meanings for terms such as bail, offence, and cognizable offence, among others, ensuring a common understanding of legal language.

Question & Answers

What is meant by bail in this Sanhita?

bail refers to the release of a person accused of or suspected of committing an offence from law custody upon fulfilling certain conditions imposed by an officer or court.

How is a cognizable offence defined?

A cognizable offence is an offence for which a police officer may arrest without a warrant, as per the First Schedule or any applicable law.

What does victim refer to in Section 2?

The term victim refers to a person who has suffered loss or injury due to the act or omission of the accused and includes the guardian or legal heir of the victim.

What is the significance of the explanation regarding complaint?

The explanation clarifies that a police report disclosing a non-cognizable offence after investigation is considered a complaint, designating the police officer as the complainant.

Example

For instance, if a person is arrested for a cognizable offence like robbery, the police can arrest them without a warrant. Conversely, if someone is accused of a non-cognizable offence such as defamation, a police officer cannot arrest them without a warrant.

Summary

Section 2 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines essential definitions that are crucial for understanding the Act. The clarity provided in these definitions aids legal practitioners and citizens in comprehending the law’s language and its application in various scenarios.