Definitions

Definitions.-

1. (1) In this Code the following words and expressions have the following meanings, unless a different intention appears from the subject or context:-
   • (a) "Advocate General", "Advocate General" includes also Government Advocate or, where there is no Advocate General or Government Advocate, such officer as [the Government ] may, from time to time, appoint in this behalf.
   • (b) "Bailable offence", "Non-bailable offence".- "Bailable offence" means an offence shown as bailable in the second Schedule, or which is made bailable by any other law for the time being in force; and "Non-bailable offence" means any other offence;
   • (c) "Charge", "charge" includes any head of charge when the charge contains more heads than one;
   • (d) "Cognizable offence," "Cognizable case," "cognizable offence" means an offence for, and "cognizable case" means a case in, which a police-officer may, in accordance with the second Schedule or under any law for the time being in force, arrest without warrant;
   • (e) "Complaint".- "Complaint" means the 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 it does not include the report of a police-officer;
   • (f) "High Court".-"High Court" means the highest Court of criminal appeal and revision in the Jammu and Kashmir state;
   • (g) "Inquiry".- "Inquiry" includes every inquiry other than a trial conducted under this Code by a Magistrate or Court;
   • (h) "Investigation".- "Investigation" 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 authorized by a Magistrate in this behalf;
     • (i) "Judicial proceeding".- "Judicial proceeding" includes any proceeding in the course of which evidence is or may be legally taken on oath;
   • (j) "Non-cognizable offence", "Non-cognizable case".- "Non-cognizable offence" means an offence for, Non-cognizable case means a case in, which a police officer may not arrest without warrant;
   • (k) "Offence".- "Offence' means any act or omission made punishable by any law for the time being in force; It also includes any act in respect of which a complaint may be made under section 20 of the Cattle-Trespass Act, 1977;
   • (l) "Officer-incharge of Police Station".- "Officer-incharge of a police station" includes, when the officer-incharge 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 Government] so direct, any other police officer so present;
   • (m) "Place".-"Place" includes also a house, building, tent and vessel;
   • (n) "Pleader".-"Pleader" used with reference to any proceeding in any Court, means a pleader authorized under any law for the time a vakil [and an attorney] of the High Court so authorized, and (2) any other person appointed with the permission of the Court to act in such proceeding;
   • (o) "Police station".- "Police station" means any post or place declared, generally or specially, by [the Government] to be a police-station, and includes any local area specified by [the Government] in this behalf;
   • (p) "Public Prosecutor".- "Public Prosecutor" means any person appointed under section 492, and includes any person acting under the directions of a Public Prosecutor and any person conducting a prosecution on behalf of [the Government] in the High Court in the exercise of its original criminal jurisdiction;
   • (q) "Sub-Division".- "Sub-Division" means a sub-division of a district;
   • (r) "Summons case".- "Summons case" means a case relating to an offence, and not being a warrant-case; and "Warrant-case".- "Warrant-case" means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding [two years].
2. (2) Words referring to acts.-Words which refer to acts done, extend also to illegal omissions; and Words to have same meaning as in Ranbir Penal Code.-All words and expressions used herein and defined in the Ranbir Penal Code and not hereinbefore defined, shall be deemed to have the meanings respectively attributed to them by that Code.