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Section 4. Definitions

(1) In this Code the following words and expressions have the following meanings, unless a different intention appears from the subject or content:

  1. “Advocate General.” “Advocate General” includes also a Government Advocate, or, where there is no Advocate General or Government Advocate, such officer as the [3] may, from time to time, appoint in this behalf:
  2. “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:
  3. “Charge.” “charge” includes any head of charge when the charge contains more heads than one: 4
  4. [* * * * * * *] 5
  5. [* * * * * * *]
  6. “Cognizable offence.” “Cognizable case.” “cognizable offence” means an offence for, and “cognizable case” means a case in, which a police-officer, [6] , may, in accordance with the second schedule, or under any law for the time being in force, arrest without warrant: 7
  7. [* * * * * * *]
  8. “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: 1Omitted by Ord. No. XXXVII of 2001, s.2. This Ord. came into force on 14-08-2001 except in ICT in light of Ord. XLV of 2001. All other amendments of Ord. XXXVI of 2001 shall be read accordingly. 2The words and quotations ‘the expression “Magistrate of Police” shall be deemed to mean “Presidency Magistrate,”, omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Sch. 3Subs. by A.O., 1937, for “L.G.”. 4Clause (d) rep. by the Repealing and Amending Act, 1923 (XI of 1923), s.3 and Sch. II. 5Clause (e) omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch., Enforced in Punjab, w.e.f. 26-12-75, see, Punjab Govt. Notifin. No. Judl. 1-3 (2)/75, dated 26-12-75, Ext., P.1419. Enforced in N.-W.F.P. w.e.f. 26-12-75, see, the N.-W.F.P. Govt. Notifin. No. S.O. Judl. Misc. (HD)/75, dated 30-12-75, Ext., P.484a. Enforced in Sind, w.e.f. 23-12-75, see, Sind Govt. Notifin. No. S. Legis-4 (8)/75, dated 23-12-75, Ext. p. 1327-A. Enforced in Baluchistan, w.e.f. 23-12-75, see, Baluchistan Govt. Notifin. No. Legis-3/15/Law/75, dated 23-12-75, Ext., Issue No. 70. 6The words “within or without the presidency-towns” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Sch. 7Clause (g) defining “Commissioner of Police” omitted, ibid. 1
  9. [* * * * * * *] [2]
  10. “Inquiry.” “inquiry” includes every inquiry other than a trial conducted under this Code by a Magistrate or Court:
  11. “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 authorised by a Magistrate in this behalf :
  12. “Judicial proceeding.” “judicial proceeding” includes any proceeding in the course of which evidence is or may be legally taken on oath: [4]
  13. “Non-cognizable offence.” “Non-cognizable case.” “non-cognizable offence” means an offence for, and “non-cognizable case” means a case in, which a police-officer, [5] , may not arrest without warrant:
  14. “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, 1871 (I of 1871):
  15. “Officer incharge of a 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 [6] so directs, any other police-officer so present:
  16. “Place.” “place” includes also a house, building, tent and vessel:
  17. “Pleader.” “pleader,” used with reference to any proceeding in any Court, means a pleader [7] authorised under any law[8] (1) an advocate, a vakil and an attorney of a High Court so authorised, and (2) any 9[* *] other person appointed with the permission of the court to act in such proceeding: 1Clause (i) defining “European British subject” which was subs. by the Criminal Law Amendment Act, 1923 (XII of 1923), s.2. (1), for the original clause (i) has been omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), s. 2 and Sch. 2Subs. by A.O., 1964, Art. 2 and Sch. for Clause (j) which had been subs. by Act 2 of 1950, Sch., for the original clause, as amended from time to time. 3Added by the Islamabad High Court Act, 2010 (XVII of 2010), s. 14. 4Ins. by ord. XXXVII of 2001, s. 3. 5The words “within or without a presidency-town” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Sch. 6Subs. by A.O., 1937, for “L.G.”. 7Ins. by the Code of Criminal Procedure (Further Amendment) Act, 1923 (XXXV of 1923), s.2. 8See the Legal Practitioners Act, 1846 (I of 1846); the Legal Practitioners Act, 1853 (XX of 1853); the Legal Practitioners Act, 1879 (XVIII of 1879); the Legal Practitioners Act, 1884 (IX of 1884); the Legal Practitioners (Amendment) Act, 1908 (I of 1908) ; and Act XXXV of 1973. In Baluchistan, see s. 20 (1) (c) of the Sch. to the British Baluchistan Criminal Justice Regulation, 1896 (VIII of 1896); in the N.-W.F.P., see s.9 of the N.-W.F.P. Law and Justice Regulation , 1901 (VII of 1901) and the rules issued under that section in Gazette of India, 1902, Pt. II, p.5. 9The words “Mukhtar or” rep. by the Code of Criminal Procedure (Further Amendment) Act, 1923 (XXXV of 1923), s.2.
  18. “Police-station.” “police-station” means any post or place declared, generally or specially, by the [1] to be a police-station, and includes any local area specified by the [1] in this behalf:
  19. “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 [2] in any High Court in the exercise of its original criminal
Annotations (1)
  • cross_ref [8] time being in force to practise in such Court, and includes
  • Permalink: http://laws.alianwaar.com/crpc/4

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