CrPC Section 3
Criminal Procedure Code (CrPC) - Section 3: Definitions
Section 3 of the Criminal Procedure Code (CrPC), India, provides definitions of several key terms that are essential for understanding and implementing the procedures outlined in the Code. These definitions serve as a foundation for the interpretation and application of the provisions of the CrPC throughout India.
Purpose:
The purpose of Section 3 is to clarify the meaning of certain words and phrases used in the Code to avoid ambiguity and ensure uniform understanding and consistent application of the law in criminal proceedings.
Important Definitions under Section 3:
Court of Session
This means the Court of Session as defined under Section 2(d) of the CrPC. The Court of Session is a court established by the state government with the powers of a Sessions Judge. It handles serious criminal cases like murder, rape, and other grave offences.
Court of Justice
This term refers to any person or body of persons legally authorized to take cognizance of offences and conduct trials. It broadly includes all courts established under the Constitution or the law.
Cognizable Offence
An offence in which a police officer is empowered to register a First Information Report (FIR) and start investigation without the prior approval of the magistrate. These are generally serious offences.
Non-cognizable Offence
Offences where the police cannot investigate or arrest a person without prior permission from the magistrate. These are generally less serious offences.
Information
Information relates to the details about the commission of a cognizable offence. It can be oral or written and should contain the substance of the information related to the offence.
Investigation
The process of collecting evidence related to a crime, starting with the registration of an FIR and continuing through to the filing of a charge sheet or closure report.
Magistrate
Magistrates are judicial officers who have the authority to conduct preliminary inquiries and trials of certain offences. They are divided into Executive Magistrates and Judicial Magistrates.
Police Officer
Any person who is appointed under the law to maintain public order and prevent and detect crimes.
Significance of Section 3:
It standardizes key terms used in the entire Code.
It aids lawyers, judges, police, and others involved in the criminal justice system to have a clear and uniform understanding.
It prevents misinterpretation of legal terms that could affect the course of justice.
Helps in distinguishing between different types of offences and authorities.
Conclusion:
Section 3 of the CrPC plays a foundational role by defining critical terms that appear throughout the Code. A clear understanding of these definitions is essential for proper application of criminal law procedures in India.
RELATED Blog
0 comments