Section 467 CrPC: Definitions
This section of the Code of Criminal Procedure (CrPC) defines key terms used throughout the code. These definitions help ensure clarity and consistency in legal proceedings.
1. The Code:
Section 467 CrPC is a part of the Code of Criminal Procedure, 1973, which governs the procedure for investigation, trial, and punishment of offenses in India.
2. Explanation:
Section 467 defines various terms, including:
- “Court”: Refers to any judicial authority empowered to try offenses or to exercise any power conferred by the CrPC.
- “Magistrate”: A judicial officer appointed to exercise judicial powers in accordance with the CrPC.
- “Police Officer”: An individual appointed as a police officer under any law for the time being in force relating to the police.
- “Public Servant”: A person holding an office in the service of the Government.
- “Offence”: An act or omission made punishable by law.
- “Cognizable Offence”: An offence for which a police officer can arrest a person without a warrant.
- “Non-Cognizable Offence”: An offence for which a police officer cannot arrest a person without a warrant.
- “Bailable Offence”: An offence for which a person can be released on bail.
- “Non-Bailable Offence”: An offence for which a person cannot be released on bail.
3. Illustration:
For example, if someone is accused of theft, which is a cognizable offence, the police can arrest them without a warrant. However, if someone is accused of a non-cognizable offence like defamation, the police cannot arrest them without a warrant.
4. Common Questions and Answers:
Q: What is the difference between a cognizable and non-cognizable offence?
A: A cognizable offence allows for arrest without a warrant, while a non-cognizable offence does not.
Q: What is the purpose of defining these terms in Section 467?
A: These definitions ensure clarity and consistency in legal proceedings. They help everyone involved in the criminal justice system understand the same terminology and apply the law appropriately.
