The Code of Criminal Procedure, 1973

Act No. 2

1973-01-01

Section 1 — Short title, extent and commencement

1. Short title, extent and commencement .

(1)This Act may be called the Code of Criminal Procedure, 1973.

(2)It extends to the whole of India 1***: Provided that the provisions of thi s Code, other than those relating to Chapters VIII, X and XI thereof, shall not apply -

(a)to the State of Nagaland,

(b)to the tribal areas, but the concerned State Government may, by notification, apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification. Explanation .-In this section, “tribal areas ” means the territories which immedia tely before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong.

(3)It shall come int o force on the 1st day of April, 1974. STATE AMENDMENT Haryana In the Code of Criminal Procedure (Haryana Amendment) Act, 2014, -In section 1, after figures “2014”, the words “as extended to the Union territory of Chandigarh” shall be inserted; [Vide Notif ication No. GSR929(E) dated 16th December, 2019.]

Section 2 — Definitions

2. Definitions .-In this Code, unless the context otherwise requires, -

(a)“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;

(b)“charge ” includes any head of charge when the charge contains more heads than one;

(c)“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;

(d)“complaint ” means any 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

Section 10 — 2019).

10- 2019). 22 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 o ffence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant;

(e)“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;