before the first day of January, 1883, shall be deemed to have been respectively published, issued, conferred, prescribed, defined, passed and made under the corresponding section of this Code.

to former

3. In every enactment passed before this Code comes into References force, in which reference is made to, or to any chapter or Code and section of, the Code of Criminal Procedure, Act No. XXV of other repealed 1861, or Act No. X of 1872, or to any other enactment enacthereby repealed, such reference shall, so far as may be prac- ments. ticable, be taken to be made to this Code or to its corresponding chapter or section.

sions in

former

In every enactment passed before this Code comes into force Expresthe expressions Officer exercising (or "having") the powers ons (or "the full powers") of a Magistrate,' Subordinate Magis- Acts. trate, first class,' and 'Subordinate Magistrate, second class,' shall respectively be deemed to mean 'Magistrate of the first class,' 'Magistrate of the second class,' and 'Magistrate of the third class;' the expression 'Magistrate of a division of a district' shall be deemed to mean 'Sub-divisional Magistrate;' the expression Magistrate of the district' shall be deemed to mean District Magistrate,' and the expression Magistrate of Police' shall be deemed to mean 'Presidency Magistrate.'

4. In this Code the following words and expressions have Interpretationthe following meanings, unless a different intention appears clause. from the subject or context :

:

(a) Complaint' means the allegation made orally or in Complaint :' 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 does not include the report of a police-officer 1:

(b) 'Investigation' includes all the proceedings under Investi this Code for the collection of evidence conducted by the gation:' police or by any person (other than a Magistrate or Policeofficer) who is authorised by a Magistrate in this behalf2:

(e) Inquiry' includes every inquiry conducted under this 'Inquiry:' Code by a Magistrate or Court :

1

nor a complaint to the police, 6 All. 96, nor information given to a police-officer. 2 See sec. 202, infra.

'Judicial proceeding :'

'Writing' and 'writ

ten :'

'Sub-divi

sion:'

'Province : '

'Presidencytown:

'High Court: '

'Chief Justice: '

'Advocate General:

'Clerk of

the

(d) 'Judicial proceeding' means any proceeding in the course of which evidence is or may be legally1 taken 2:

(e) Writing' and 'written' include 'printing,' 'lithography,' 'photography,' 'engraving,' and every other mode in which words or figures can be expressed on paper or on any substance:

(f) 'Sub-division' means a sub-division made under this Code of a District:

(9) 'Province' means the territories for the time being under the administration of any Local Government :

(h) Presidency-town' means the local limits for the time. being of the ordinary original civil jurisdiction of the High Court of Judicature at Fort William, Madras or Bombay :

(i) High Court' means, in reference to proceedings against European British subjects or persons jointly charged with European British subjects, the High Courts of Judicature at Fort William, Madras and Bombay, the High Court of Judicature for the North-Western Provinces, the Chief Court of the Panjab and the Recorder of Rangoon :

In other cases' High Court' means the highest Court of criminal appeal or revision for any local area;

or, where no such Court is established under any law for the time being in force, such officer as the Governor General in Council may appoint in this behalf :

(j) Chief Justice' includes also the senior Judge of a Chief Court:

(k) Advocate General' includes also a Government Advocate, or, where there is no Advocate General or Government Advocate, such officer as the Local Government may, from time to time, appoint in this behalf:

(1) Clerk of the Crown' includes any officer specially apCrown: pointed by the Chief Justice to discharge the functions given by this Code to the Clerk of the Crown:

'Public Prosecu

tor:'

(m) Public Prosecutor' means any person appointed under section 4923, and includes any person acting under the directions of a Public Prosecutor; and any person conducting a

1 See I All. 1, 7.

2 This does not include the proceedings of a Magistrate under sec. 88, infra, 6 All. 487. See also sec. 270.

prosecution on behalf of Her Majesty in any High Court in the exercise of its original criminal jurisdiction:

(n) 'Pleader' used with reference to any proceeding in any Pleader: ' Court, means a pleader authorised under any law for the time. being in force1 to practise in such Court, and includes (1) an advocate, a vakíl and an attorney of a High Court so authorised, and (2) any mukhtár or other person appointed with the permission of the Court to act in such proceeding:

(0) 'Police-station' means any post declared, generally or 'Policespecially, by the Local Government to be a police-station for station: ' the purposes of this Code, and includes any local area specified by the Local Government in this behalf; and Officer in Officer in charge charge of a police-station' includes, when the officer in of a policecharge of the police-station is absent from the station- station:' house or unable from illness to perform his duties, the police-officer present at the station-house2 who is next in rank to such officer and is above the rank of constable, or, when the Local Government so directs, any other police-officer so present:

(p) 'Offence' means any act or omission made punishable 'Offence:' by any law for the time being in force:

fence: '

(q) Cognisable offence' means any offence for, and 'cog- Cognisnisable case' means a case in, which a police-officer, within able of or without the Presidency-towns, may, in accordance with the Cognissecond schedule, or under any law for the time being in force, arrest without warrant :

able case:'

nisable of

'Non-cognisable offence' means an offence for, and non- 'Non-cogcognisable case' means a case in, which a police-officer, fence:' within or without the Presidency-towns, may not arrest with- Non-cog. out warrant:

nisable

case:

offence:

(†) Bailable offence' means an offence shown as bailable Bailable in the second schedule, or which is made bailable by any other law for the time being in force; and non-bailable Non-bailoffence' means any other offence:

able offence: '

case:

(8) 'Warrant-case' means a case relating to an offence 'Warrantpunishable with death, transportation or imprisonment for a term exceeding six months:

1 See Act XVIII of 1879, amended by Act IX of 1884.

2 Act V of 1887, sec. 1.

European British subject:'

Chapter :'

'Sched

ule:'

'Place.'

Words

means a case relating to an offence

(u) European British subject' means—

(1) any subject of Her Majesty born, naturalised or domiciled in the United Kingdom of Great Britian and Ireland, or in any of the European, American or Australian Colonies or Possessions of Her Majesty, or in the Colony of New Zealand, or in the Colony of the Cape of Good Hope or Natal;

(2) any child or grandchild of any such person by legitimate descent:

(v) Chapter' means a chapter of this Code; and 'Schedule' means a schedule hereto annexed:

(w) 'Place' includes also a house, building, tent and vessel.

Words which refer to acts done extend also to illegal referring to omissions; and

acts.

Words to

meaning as

all words and expressions used herein and defined in the have same Indian Penal Code, and not hereinbefore defined, shall be deemed to have the meanings respectively attributed to them by that Code1.

in Penal

Code.

Trial of offences

under

Penal

Code.

5. All offences under the Indian Penal Code 2 shall be inquired into and tried according to the provisions hereinafter contained; and all offences under any other law 3 shall be inquired into and tried according to the same provisions, but subject to any enactment for the time being in force reguother laws. lating the manner or place of inquiring into or trying such

Trial of offences

against

PART II.

CONSTITUTION AND POWERS OF CRIMINAL COURTS
AND OFFICES.

CHAPTER II.

OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES.

A.-Classes of Criminal Courts.

Criminal
Courts.

6. Besides the High Courts1 and the Courts constituted Classes of under any law other than this Code for the time being in force 2, there shall be five classes of Criminal Courts in British India, namely:

:

I.-Courts of Session:

II.-Courts of Presidency Magistrates:

III.-Courts of Magistrates of the first class:
IV. Courts of Magistrates of the second class :
V.-Courts of Magistrates of the third class.

B.-Territorial Divisions.

7. Every Province (excluding the Presidency-towns 3) shall Sessions be a Sessions Division, or shall consist of Sessions Divisions :

Divisions:

and every Sessions Division shall, for the purposes of this Districts. Code, be a District or consist of Districts.

The Local Government may alter the limits, or, with the Power to previous sanction of the Governor General in Council, the alter Divinumber, of such Divisions and Districts.

sions and Districts.

The Sessions Divisions and Districts existing when this Existing Code comes into force shall be Sessions Divisions and Districts respectively, unless and until they are so altered.

Divisions and Districts.

Every Presidency-town 3 shall, for the purposes of this Code, Presibe deemed to be a District.

dencytowns.

sub-divide

8. The Local Government may divide any District outside Power to the Presidency-towns3 into Sub-divisions, or make any portion Districts. of any such District a Sub-division, and may alter the limits of any Sub-division.

1 See sec. 4, cl. (i, supra. VOL. II.

2 See p. 6,

supra.

3 Sec. 4, cl. (h), supra.

F