Section 2 BNSS: Definitions (Formerly Section 2 CrPC)

Section 2 of Bharatiya Nagarik Suraksha Sanhita, 2023: Definitions

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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:

Provided that any reference in this Sanhita to the Bharatiya Nyaya Sanhita, 2023 or to the Bharatiya Sakshya Adhiniyam, 2023, shall be construed as a reference to the Bharatiya Nyaya (Second) Sanhita, 2023 or the Bharatiya Sakshya (Second) Adhiniyam, 2023, respectively.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Arrest Sec 35 Bail Sec 478

Legal Commentary & Landmark Judgments: Section 2

Section 2 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the statutory definitions governing all criminal inquiries, investigations, trials, and judicial proceedings across Indian courts.

Process Issuance & Attendance: Section 2 codifies fundamental criminal procedural classifications, including bailable offence [clause (a)], charge [clause (b)], cognizable offence [clause (c)], complaint [clause (d)], inquiry [clause (g)], investigation [clause (h)], judicial proceeding [clause (i)], non-cognizable offence [clause (l)], summons-case [clause (w)], victim [clause (y)], and warrant-case [clause (z)].
Digital Infrastructure Jurisdiction: BNSS Section 2 formally incorporates electronic communication, digital signatures, and electronic records into the statutory architecture, harmonizing the procedural code with modern information technology and the Bharatiya Sakshya Adhiniyam, 2023.

Clause (y) reaffirms an expansive definition of 'victim', encompassing natural persons who have suffered any loss or injury caused by an alleged offence, as well as their legal guardians and heirs.

Key Landmark Precedents:

Lalita Kumari v. Govt. of U.P. (2014) 2 SCC 1: The Constitution Bench settled that the definition of a 'cognizable offence' under Section 2 mandates the automatic, non-discretionary registration of an FIR under Section 154 CrPC (Sec 173 BNSS) without inquiring into reliability at the threshold.
Hardeep Singh v. State of Punjab (2014) 3 SCC 92: Delineated the exact legal boundary between 'inquiry' under Section 2(g) and 'trial', holding that an inquiry encompasses all judicial proceedings conducted by a Magistrate prior to the framing of charges.
Mallikarjun Kodagali v. State of Karnataka (2019) 2 SCC 752: Affirmed the victim's substantive, independent procedural right to appeal against acquittal, holding that the statutory definition of 'victim' must be interpreted liberally to promote restorative justice.

Legal Commentary:

Section 2 provides the interpretive foundation for the entire criminal administration. The procedural trajectory of any matter—ranging from the police's power to arrest without warrant to the accused's entitlement to default bail—hinges entirely on the definitions set forth in this section.