Code of criminal procedure Law which talks about the enforcement of substantive Law. The Code of Criminal Procedure is also substantive and Preventive in nature. So, if a person wants to read the code of the criminal procedure, he needs to know the basic definition to understand the provisions of Code of criminal procedure –
Bailable & Non bailable offence
Section 2(a) of Code of Criminal Procedure defines bailable offences as those shown bailable in any other Law and Non bailable offences as any other offences which are not bailable under any other law and Non-bailable as any other offences which are not bailable. But in other words, it can be concluded that Bailable offences are those where the prescribed punishment is less than 3 years and bail is a matter of right of the detained person. Non-bailable offences are those where the prescribed punishment is more than 3 years and the Magistrate has discretion whether he will provide bail
Section 2(c) of Code of Criminal Procedure states that cognizable offences are those offences where Police Officers arrest the accused without warrant in the cases under 1st Schedule or under any other Law
Mainly they are serious offences where the prescribed punishment is more than 3 years.
Section 2(d) of Code of Criminal Procedure states that a complaint is an allegation made orally or in writing to a Magistrate with a view that he’ll take cognizance in the matter as prescribed by the code. It doesn’t include a Police report.
Section 2(g) of the Code of Criminal Procedure defines the term Inquiry. Inquiry is conducted by the Magistrates which is other than trial. It can commence any time before or during the trial.
Section 2(h) of Code of Criminal Procedure states that Investigation means collecting of Evidences conducted by a Police Officer or by any person (other than a Magistrate) who is authorised by the Magistrate. Investigation starts when a person lodges a Police report and it ends when the Police submits its final report before trial
Non Cognizable offence
Section 2(l) of Code of Criminal Procedure states that Non cognizable offences are those where the Police have no authority to arrest the accused without warrant
Section 2(w) of Code of Criminal Procedure defines summon cases as cases not being a warrant case. But one can understand that if the prescribed punishment is upto 2 years then it is a summon case
Section 2(x) of Code of Criminal Procedure defines warrant cases as cases where the prescribed punishment is death, imprisonment for life or imprisonment for a term exceeding 2 years.