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Definitions and Key Terminology



Classification of Offences

The Bharatiya Nagarik Suraksha Sanhita, 2023, like its predecessor, the CrPC, classifies criminal offences based on certain characteristics. These classifications are crucial as they determine the procedure to be followed by the police and the courts during investigation and trial.


Cognizable and Non-cognizable Offences

This classification is based on the power of the police to arrest without a warrant.

The First Schedule of the BNSS lists most offences under the Bharatiya Nyaya Sanhita (BNS) and classifies them as cognizable or non-cognizable, bailable or non-bailable, and triable by which court.


Bailable and Non-bailable Offences

This classification determines whether bail is a matter of right or discretion.

Again, the First Schedule of the BNSS provides the classification for offences under the BNS.


Summons-cases and Warrant-cases

This classification determines the procedure for trial, particularly how the accused is brought before the court and the manner of framing charges.

This classification dictates whether the trial will proceed under the procedure for summons-cases or warrant-cases, which have distinct rules for recording evidence, framing of charges, etc.



Key Definitions in BNSS

The BNSS contains numerous definitions that are fundamental to understanding its provisions and the criminal justice process it outlines. Some of the key definitions are:


Victim

Section 2(1)(zh) of the BNSS defines "victim" expansively:

"'victim' means a person who has suffered any harm or loss caused by reason of the act or omission for which the accused person has been charged and includes his or her guardian or legal heir."


Complainant

Section 2(1)(f) of the BNSS defines "complaint" and implicitly the "complainant":

"'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."

A "complainant" is the person who makes such an allegation to a Magistrate. Proceedings initiated upon such a complaint are known as "complaint cases", distinct from cases initiated on a police report.


Police Officer

While the term "police officer" is not explicitly defined comprehensively as a single term in the general definition section (Section 2), the BNSS refers to police officers of different ranks and assigns specific powers and duties to them throughout its chapters.


Magistrate

The BNSS refers to different classes of Magistrates, deriving their powers from the Code and other laws:

The specific powers and jurisdiction of each class of Magistrate are detailed throughout the BNSS.


Court

The term "Court" in the context of the BNSS generally refers to the Criminal Courts established under the Code. Section 6 of BNSS lists the classes of Criminal Courts:

  1. Courts of Session

  2. Judicial Magistrates of the First Class and, in any metropolitan area, Metropolitan Magistrates

  3. Judicial Magistrates of the Second Class

  4. 4.

    Executive Magistrates

Thus, "Court" under BNSS refers to the judicial forums responsible for conducting inquiries, trials, and passing judgments and sentences in criminal cases, ranging from the lowest Magistrate courts to the Courts of Session.