S.2 BNSS contains 29 definitions that provide the interpretive foundation for the entire statute. These definitions are not exhaustive; they apply "unless the context otherwise requires." Many definitions are carried forward from S.2 CrPC with modifications reflecting the new statutory framework.
Legal Framework
| Provision | Subject |
|---|---|
| S.2 BNSS (formerly S.2 CrPC) | Definitions |
| S.2(1)(a) BNSS | Bail |
| S.2(1)(b) BNSS | Bailable offence |
| S.2(1)(c) BNSS | Charge |
| S.2(1)(d) BNSS | Cognizable offence |
| S.2(1)(e) BNSS (formerly S.2(d) CrPC) | Complaint |
| S.2(1)(i) BNSS (formerly S.2(h) CrPC) | Investigation |
| S.2(1)(j) BNSS | Judicial proceeding |
| S.2(1)(n) BNSS (formerly S.2(l) CrPC) | Non-cognizable offence |
| S.2(1)(o) BNSS | Offence |
| S.2(1)(q) BNSS (formerly S.2(r) CrPC) | Police report |
| S.2(1)(v) BNSS (formerly S.2(w) CrPC) | Summons case |
| S.2(1)(w) BNSS (formerly S.2(x) CrPC) | Warrant case |
Why: Definitions control the application of every subsequent provision. Whether an offence is cognizable or non-cognizable, bailable or non-bailable, determines the entire procedural pathway from arrest to trial.
Key Definitions
Bailable Offence (S.2(1)(b))
An offence shown as bailable in the First Schedule, or made bailable by any other law for the time being in force.
Why: Classification as bailable creates a right to bail; the accused cannot be detained merely because the police opposes release.
Cognizable Offence (S.2(1)(d))
An offence for which a police officer may, in accordance with the First Schedule or any other law, arrest without warrant.
Why: This classification determines whether police can initiate investigation without Magistrate's order and arrest without judicial authorization.
Non-Cognizable Offence (S.2(1)(n))
An offence for which a police officer has no authority to arrest without warrant.
Why: For non-cognizable offences, police cannot register FIR or investigate without Magistrate's permission (S.175 BNSS, formerly S.155 CrPC).
Complaint (S.2(1)(e))
Any allegation made orally or in writing to a Magistrate, with a view to his taking action, that some person has committed an offence, but does not include a police report.
Why: The distinction between complaint and police report determines which track the case follows: complaint track (Magistrate cognizance under S.210 BNSS) vs. police report track (S.193 BNSS, formerly S.173 CrPC) charge sheet.
Investigation (S.2(1)(i))
Includes all proceedings under BNSS for collection of evidence conducted by a police officer or by any person (other than a Magistrate) authorised by a Magistrate.
Why: Investigation is a police function. The Magistrate supervises but does not conduct investigation (except under S.202 BNSS) for complaints.
Warrant Case (S.2(1)(w))
A case relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years.
Why: Warrant cases require formal charge, full evidence recording, and cross-examination. The higher punishment threshold demands greater procedural safeguards.
Summons Case (S.2(1)(v))
A case relating to an offence not being a warrant case.
Why: Summons cases follow a simplified procedure without formal charge; trial is faster because the punishment ceiling is lower (2 years or less).
Police Report (S.2(1)(q))
A report forwarded by a police officer under S.193 BNSS (formerly S.173 CrPC) to a Magistrate.
Why: Filing of police report (charge sheet) triggers Magistrate's cognizance under S.210(1)(b) BNSS. It is the culmination of investigation.
New/Modified Definitions in BNSS
| Term | CrPC Position | BNSS Change |
|---|---|---|
| Audio-video electronic means | Not defined | S.2(1)(d) of explanation: recognized as valid medium |
| Electronic communication | Not defined | Integrated into service and recording provisions |
| Victim | Not separately defined in S.2 | Recognized through victim rights provisions |
Illustrations
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How one definition changes everything: Take a fight between two neighbours. If it is classified as "simple hurt" (S.115 BNS) → cognizable + bailable. Police can investigate without Magistrate permission, but the accused walks out on bail as a matter of right. If it is classified as "grievous hurt" (S.117 BNS) → cognizable + non-bailable. Police can investigate and the accused may remain in jail until the judge decides bail. If it is classified as "defamation" (S.356 BNS) → non-cognizable + bailable. Police cannot even investigate without Magistrate's order; the victim must file a private complaint. Same act (one person hitting another), but the legal definition that the offence falls under determines the entire procedural universe: arrest powers, bail rights, investigation authority, and trial type.
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Warrant case vs. summons case in practice: Ravi is accused of cheating (S.316 BNS, max 7 years). This is a warrant case because punishment exceeds 2 years. He faces formal charge, full evidence recording, and cross-examination. Priya is accused of criminal intimidation (S.351 BNS, max 2 years). This is a summons case. No formal charge is framed; the Magistrate states the particulars of the offence, and trial proceeds on a simplified track. Both are accused of crimes, but Ravi's trial takes months longer because the procedural safeguards match the higher stakes.
Recall Check
- What is the dividing line between a warrant case and a summons case?
- What distinguishes a complaint from a police report under S.2?
- For non-cognizable offences, what must police obtain before investigating?
Key Cases
Arnesh Kumar v. State of Bihar (2014) Arnesh-Kumar-v-State-of-Bihar-2014 Issue: Whether police must arrest in every cognizable case. Rule: S.41 CrPC (now S.35 BNSS) empowers but does not mandate arrest; arrest must be justified. Held: Police should not automatically arrest in cognizable offences punishable with up to 7 years. Notice of appearance should be served first. BNSS S.35 (formerly S.41 CrPC) codifies this restraint.
Lalita Kumari v. State of UP (2014) Lalita-Kumari-v-State-of-UP-2014 Issue: Whether police are bound to register FIR upon receiving information of a cognizable offence. Rule: Registration of FIR under S.154 CrPC (now S.173 BNSS) is mandatory if information discloses a cognizable offence. Held: FIR registration is mandatory. Only a preliminary inquiry (not investigation) may precede registration where information does not clearly disclose cognizable offence. BNSS S.173 (formerly S.154 CrPC) retains this principle.
Distinctions
| Aspect | Cognizable Offence | Non-Cognizable Offence |
|---|---|---|
| Definition | S.2(1)(d) BNSS | S.2(1)(n) BNSS |
| Arrest | Without warrant | Only with warrant |
| FIR | Mandatory registration (S.173 BNSS) | No FIR; NCR registered |
| Investigation | Police can investigate suo motu | Only with Magistrate's order (S.175 BNSS) |
| Punishment (general) | More serious offences | Less serious offences |
| First Schedule | Shown as cognizable | Shown as non-cognizable |
Flashcards
Q: Under S.2(1)(w) BNSS, what is a warrant case? A: A case relating to an offence punishable with death, life imprisonment, or imprisonment exceeding 2 years.
Q: What is the distinction between complaint and police report? A: A complaint is an allegation to a Magistrate by any person; a police report is the charge sheet forwarded by police under S.193 BNSS (formerly S.173 CrPC) after investigation.
Q: Under S.2(1)(i) BNSS, who conducts investigation? A: A police officer or any person (other than a Magistrate) authorized by a Magistrate.
Q: What section requires Magistrate's permission for police to investigate non-cognizable offences? A: S.175 BNSS (formerly S.155 CrPC).
Q: What is a summons case? A: A case relating to an offence not being a warrant case (i.e., punishable with 2 years or less). S.2(1)(v) BNSS.
Q: Is FIR registration mandatory for cognizable offences? A: Yes, per S.173 BNSS (formerly S.154 CrPC) and the ratio of Lalita Kumari v. State of UP (2014).
Exam Scenario
A person goes to a police station and reports that his neighbor slapped him (S.115 BNS, punishable with simple imprisonment up to 1 month). The police refuse to register an FIR saying it is a "petty matter." Advise.
The offence under S.115 BNS (simple hurt) must be checked against the First Schedule to determine if it is cognizable or non-cognizable. Simple hurt is a non-cognizable offence. For non-cognizable offences, police are not required to register an FIR; they register a Non-Cognizable Report (NCR) under S.175(1) BNSS (formerly S.155 CrPC) and direct the complainant to the Magistrate. The police refusal to register FIR is correct, but they must register an NCR and inform the complainant of the right to approach the Magistrate directly through a complaint under S.210 BNSS.