CrPC 2→BNSS 2

CrPC 2 to BNSS 2: Definitions

Section 2 CrPC (1973) replaced by Section 2 BNSS (2023)

View CrPC Section 2 →View BNSS Section 2 →

CrPC 2 to BNSS 2 at a Glance

Section 2 CrPC (Definitions) is now Section 2 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 2 to BNSS 2?

Section 2 of the Code of Criminal Procedure, 1973 became Section 2 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 2(1) BNSS adds audio-video electronic means, bail, bail bond, bond, and electronic communication, and omits India, metropolitan area, pleader, and prescribed. Section 2(1)(l) BNSS adds that inconsistent special Act provisions shall prevail, and Section 2(1)(y) BNSS drops the requirement that the accused has been charged for victim status. Section 2(2) BNSS borrows undefined terms from the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023. Re-lettering, updated cross-references, and replacing Code with Sanhita are changes of form, and other definitions remain unchanged.

CrPC 2 vs BNSS 2: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section22
HeadingDefinitionsSame
Sub-sectionsNone2 sub-sections
Cross-referencess.173, s.24s.193, s.18

CrPC 2 and BNSS 2: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 2, CrPC 1973

2. Definitions.—In this Code, unless the context otherwise requires,— (a) “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; (b) “charge” includes any head of charge when the charge contains more heads than one; (c) “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; (d) “complaint” means any allegation made orally or in 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 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; (e) “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; (f) “India” means the territories to which this Code extends; (g) “inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court; (h) “investigation” includes all the proceedings under this Code 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; (i) “judicial proceeding” includes any proceeding in the course of which evidence is or may be legally taken on oath; (j) “local jurisdiction”, in relation to a Court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers under this Code and such local area may comprise the whole of the State, or any part of the State, as the State Government may, by notification, specify; (k) “metropolitan area” means the area declared, or deemed to be declared, under section 8, to be a metropolitan area; (l) “non-cognizable offence” means an offence for which, and “non-cognizable case” means a case in which, a police officer has no authority to arrest without warrant; (m) “notification” means a notification published in the Official Gazette; (n) “offence” means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871 (1 of 1871); (o) “officer in charge of a police station” includes, when the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when the State Government so directs, any other police officer so present; (p) “place” includes a house, building, tent, vehicle and vessel; (q) “pleader”, when used with reference to any proceeding in any Court, means a person authorised by or under any law for the time being in force, to practise in such Court, and includes any other person appointed with the permission of the Court to act in such proceeding; (r) “police report” means a report forwarded by a police officer to a Magistrate under sub-section (2) of section 173; (s) “police station” means any post or place declared generally or specially by the State Government, to be a police station, and includes any local area specified by the State Government in this behalf; (t) “prescribed” means prescribed by rules made under this Code; (u) “Public Prosecutor” means any person appointed under section 24, and includes any person acting under the directions of a Public Prosecutor; (v) “sub-division” means a sub-division of a district; (w) “summons-case” means a case relating to an offence, and not being a warrant-case; (wa) “victim” means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression “victim” includes his or her guardian or legal heir; (x) “warrant-case” means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years; (y) words and expressions used herein and not defined but defined in the Indian Penal Code (45 of 1860) have the meanings respectively assigned to them in that Code.
BNSS 2023 (in force)

Section 2, BNSS 2023

2. Definitions.—(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; (m) "judicial proceeding" includes any proceeding in the course of which evidence is or may be legally taken on oath; (n) "local jurisdiction", in relation to a Court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers under this Sanhita and such local area may comprise the whole of the State, or any part of the State, as the State Government may, by notification, specify; (o) "non-cognizable offence" means an offence for which, and "non-cognizable case" means a case in which, a police officer has no authority to arrest without warrant; (p) "notification" means a notification published in the Official Gazette; (q) "offence" means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle Trespass Act, 1871; (r) "officer in charge of a police station" includes, when the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when the State Government so directs, any other police officer so present; (s) "place" includes a house, building, tent, vehicle and vessel; (t) "police report" means a report forwarded by a police officer to a Magistrate under sub-section (3) of section 193; (u) "police station" means any post or place declared generally or specially by the State Government, to be a police station, and includes any local area specified by the State Government in this behalf; (v) "Public Prosecutor" means any person appointed under section 18, and includes any person acting under the directions of a Public Prosecutor; (w) "sub-division" means a sub-division of a district; (x) "summons-case" means a case relating to an offence, and not being a warrant-case; (y) "victim" means a person who has suffered any loss or injury caused by reason of the act or omission of the accused person and includes the guardian or legal heir of such victim; (z) "warrant-case" means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. (2) Words and expressions used herein and not defined but defined in the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023 shall have the meanings respectively assigned to them in that Act and Sanhita.

When It Applies: CrPC 2 vs BNSS 2

Under CrPC 2
  1. Under Section 2(c) CrPC, a cognizable offence is an offence for which, and a cognizable case is 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.
  2. Under Section 2(d) CrPC, a complaint is any allegation made orally or in writing to a Magistrate, with a view to his taking action under the Code, that some person, whether known or unknown, has committed an offence.
  3. When a police investigation reveals only a non-cognizable offence, the resulting police report shall be treated as a complaint and the reporting police officer as the complainant under the Explanation to Section 2(d) CrPC.
  4. A police officer, or another person other than a Magistrate whom a Magistrate authorises, may conduct proceedings under the Code to collect evidence as an investigation under Section 2(h) CrPC.
  5. When the station-house officer is absent or unable to work due to illness or another cause, the next highest-ranking officer present above the rank of constable, or, when the State Government so directs, any other police officer so present, is included in the term officer in charge of a police station under Section 2(o) CrPC.
Under BNSS 2
  1. Audio-video electronic means under Section 2(1)(a) BNSS shall include using a communication device for video conferencing, recording identification, search and seizure, or evidence, transmitting electronic communication, and other purposes the State Government may provide by rules.
  2. Under Section 2(1)(b) BNSS, 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, which is a personal bond or an undertaking for release without surety under Section 2(1)(e) BNSS, or a bail bond, which is an undertaking for release with surety under Section 2(1)(d) BNSS.
  3. Under Section 2(1)(g) BNSS, a cognizable offence is an offence for which, and a cognizable case is 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.
  4. Under Section 2(1)(h) BNSS, a complaint is any allegation made orally or in writing to a Magistrate, with a view to his taking action under the Sanhita, that some person, whether known or unknown, has committed an offence, and a police report that after investigation discloses a non-cognizable offence shall be deemed to be a complaint, with the reporting police officer deemed to be the complainant.
  5. Under Section 2(1)(l) BNSS, investigation includes all the proceedings under the 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, and its Explanation states that where any of the provisions of a special Act are inconsistent with the provisions of the Sanhita, the provisions of the special Act shall prevail.
  6. When a word or expression is used in the Sanhita without being defined there, it shall carry the meaning assigned to it in the Information Technology Act, 2000 or the Bharatiya Nyaya Sanhita, 2023 under Section 2(2) BNSS.

What CrPC 2 to BNSS 2 Means in Practice

From 1 July 2024, Section 2 of the Bharatiya Nagarik Suraksha Sanhita, 2023 defines bail, bond without surety, and bail bond with surety, which were undefined in Section 2 of the Code of Criminal Procedure, 1973. Audio-video electronic means and electronic communication have statutory definitions for video conferencing and recording identification, search and seizure, or evidence. Under Section 2(1)(y) BNSS, victim status no longer requires that the accused person has been charged.

FAQs: CrPC 2 to BNSS 2

How did the definition of a victim change from Section 2(wa) CrPC to Section 2(1)(y) BNSS?▼

Under Section 2(wa) of the Code of Criminal Procedure, 1973, a victim meant a person who suffered any loss or injury caused by the act or omission for which the accused person had been charged, including his or her guardian or legal heir. Section 2(1)(y) of the Bharatiya Nagarik Suraksha Sanhita, 2023 removes the words for which the accused person has been charged, so loss or injury caused by the act or omission of the accused person suffices.

Which definitions from Section 2 CrPC were omitted in Section 2 BNSS, and which new definitions were added?▼

Section 2 of the Bharatiya Nagarik Suraksha Sanhita, 2023 omits the definitions of India from Section 2(f) of the Code of Criminal Procedure, 1973, metropolitan area from Section 2(k) CrPC, pleader from Section 2(q) CrPC, and prescribed from Section 2(t) CrPC. At the same time, Section 2(1) BNSS introduces new definitions for audio-video electronic means in Section 2(1)(a) BNSS, bail in Section 2(1)(b) BNSS, bail bond in Section 2(1)(d) BNSS, bond in Section 2(1)(e) BNSS, and electronic communication in Section 2(1)(i) BNSS.

What changed in the rule for words and expressions not defined in the procedural statute?▼

Under Section 2(y) of the Code of Criminal Procedure, 1973, words and expressions used in the Code and not defined there, but defined in the Indian Penal Code, had the meanings assigned to them in the Indian Penal Code. In the Bharatiya Nagarik Suraksha Sanhita, 2023, this rule is placed in a separate sub-section as Section 2(2) BNSS. It states that undefined words and expressions shall have the meanings assigned to them in the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023.

What did Section 2(1)(l) BNSS add to the definition of investigation from Section 2(h) CrPC?▼

Both Section 2(h) of the Code of Criminal Procedure, 1973 and Section 2(1)(l) of the Bharatiya Nagarik Suraksha Sanhita, 2023 define investigation as all proceedings for collecting evidence conducted by a police officer or a person other than a Magistrate authorised by a Magistrate. Replacing Code with Sanhita is a change of form. Section 2(1)(l) BNSS adds a new Explanation stating that where a special Act is inconsistent with the Sanhita, the special Act shall prevail.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·