Bare ActsThe Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version)

Section 2

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(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; Definitions. 2 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— ___________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ 2 THE GAZETTE OF INDIA EXTRAORDINARY [Part II- ꯁꯟꯗꯣꯛꯅ ꯇꯥꯛꯄꯁꯤꯡ꯫ ꯁꯟꯗꯣꯛꯅꯇꯥꯛꯄ꯫-ꯁꯔꯨꯛꯑꯁꯤꯗ, "ꯇ꯭ꯔꯥꯏꯕꯦꯜꯒꯤꯃꯐꯝꯁꯤꯡ" ꯍꯥꯏꯕꯁꯤꯏꯪ꯱꯹꯷꯲ꯒꯤꯖꯅꯨꯋꯥꯔꯤꯒꯤꯇꯥꯡ꯲꯱ꯒꯤꯉꯟꯅꯃꯃꯥꯡꯗ, ꯀꯟꯁ ꯭ ꯇꯤꯇ꯭ꯌꯨꯁꯟꯒꯤꯇꯔꯨꯛꯁꯨꯕꯁꯦꯗꯨꯜꯒꯤꯄꯦꯔꯥꯒ꯭ꯔꯥꯐ꯲꯰ꯗꯄꯟꯈꯤꯕꯃꯇꯨꯡꯏꯟꯅ, ꯁꯤꯂꯣꯡꯃ꯭ꯌꯨꯅꯤꯁꯤꯄꯥꯂꯤꯇꯤꯒꯤꯃꯐꯝꯑꯗꯨꯒꯤ ꯉꯝꯈꯩꯒꯤꯃꯅꯨꯡꯗꯂꯩꯕꯁꯤꯡꯅꯠꯇꯕ, ꯑꯁꯝꯒꯤꯇ꯭ꯔꯥꯏꯕꯦꯜꯒꯤꯃꯐꯝꯁꯤꯡꯗꯌꯥꯎꯈꯤꯕꯂꯝꯈꯩꯁꯤꯡꯍꯥꯏꯕꯅꯤ꯫ (꯳) ꯃꯁꯤꯁꯦꯟꯇ꯭ꯔꯦꯜꯒꯕꯔ ꯭ ꯟꯃꯦꯟ꯭ꯇꯅꯑꯣꯐꯤꯁꯤꯌꯦꯜꯒꯖꯦꯠꯗꯅꯣꯇꯤꯐꯤꯀꯦꯁꯟꯒꯤꯈꯨꯠꯊꯥꯡꯗꯈꯟꯗꯣꯛꯄꯌꯥꯕꯇꯥꯡꯑꯗꯨꯗ ꯆꯠꯅꯔꯛꯀꯅꯤ꯫

Section 2 – The Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version) | DailyLaw.ai