Section 2 BNSS: Definitions

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 2 BNSS at a Glance

Section 2 BNSS deals with definitions. It replaced Section 2 CrPC on 1 July 2024.

Was CrPC

Section 2 →

Section 2 BNSS Bare Act Text

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.

Source: Section 2, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 2 BNSS in Simple Words

Section 2 of the Bharatiya Nagarik Suraksha Sanhita, 2023 gives the meaning of the terms used in the Sanhita, unless the context otherwise requires. Section 2(1) lists the definitions, one clause at a time, and section 2(2) covers words that the Sanhita does not define. Section 2(1)(a): audio-video electronic means shall include using any communication device for video conferencing, for recording the processes of identification, search and seizure or evidence, and for transmitting electronic communication. Audio-video electronic means also include such other purposes and such other means as the State Government may provide by rules. Section 2(1)(b): bail means the release of a person accused of or suspected of an offence from the custody of law upon certain conditions. An officer or Court imposes those conditions on the person executing a bond or a bail bond. Section 2(1)(c): a bailable offence is one shown as bailable in the First Schedule or made bailable by any other law for the time being in force, and a non-bailable offence is any other offence. Section 2(1)(d): a bail bond is an undertaking for release with surety. Section 2(1)(e): a bond is a personal bond or an undertaking for release without surety. Section 2(1)(f): a charge includes any head of charge when the charge contains more heads than one. Section 2(1)(g): a cognizable offence is one for which a police officer may arrest without warrant, in accordance with the First Schedule or under any other law for the time being in force. A cognizable case is a case in which a police officer may so arrest. Section 2(1)(h): a complaint is any allegation, made orally or in writing to a Magistrate so that the Magistrate may take action under the Sanhita, that some person, known or unknown, has committed an offence. A complaint does not include a police report. Explanation to section 2(1)(h): a report made by a police officer in a case that discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint. The police officer who makes that report shall be deemed to be the complainant.

Section 2(1)(i): electronic communication means the communication of any written, verbal, pictorial information or video content. It may be transmitted or transferred from one person to another, from one device to another, from a person to a device or from a device to a person. The transmission is by means of an electronic device including a telephone, mobile phone or other wireless telecommunication device, or a computer, or an audio-video player or camera. Electronic communication also covers any other electronic device or electronic form that the Central Government specifies by notification. Section 2(1)(j)(i): in relation to any State, the High Court means the High Court for that State. Section 2(1)(j)(ii): in relation to a Union territory to which the jurisdiction of the High Court for a State has been extended by law, the High Court means that High Court. Section 2(1)(j)(iii): in relation to any other Union territory, the High Court means the highest Court of criminal appeal for that territory other than the Supreme Court of India. Section 2(1)(k): an inquiry is every inquiry, other than a trial, conducted under the Sanhita by a Magistrate or Court. Section 2(1)(l): an investigation includes all the proceedings under the Sanhita for collecting evidence, conducted by a police officer or by a person, other than a Magistrate, whom a Magistrate authorises in this behalf. Explanation to section 2(1)(l): 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. Section 2(1)(m): a judicial proceeding includes any proceeding in the course of which evidence is or may be legally taken on oath. Section 2(1)(n): the local jurisdiction of a Court or Magistrate is the local area within which the Court or Magistrate may exercise all or any of its powers under the Sanhita. That local area may comprise the whole of the State, or any part of the State, as the State Government may specify by notification. Section 2(1)(o): a non-cognizable offence is one for which, and a non-cognizable case is one in which, a police officer has no authority to arrest without warrant. Section 2(1)(p): a notification is a notification published in the Official Gazette. Section 2(1)(q): an offence is any act or omission made punishable by any law for the time being in force.

An offence also includes any act in respect of which a complaint may be made under section 20 of the Cattle Trespass Act, 1871. Section 2(1)(r): the term officer in charge of a police station includes other persons when that officer is absent from the station-house or unable from illness or other cause to perform duties. In that case the term includes the police officer present at the station-house who is next in rank and above the rank of constable. The term also includes, when the State Government so directs, any other police officer so present. Section 2(1)(s): a place includes a house, building, tent, vehicle and vessel. Section 2(1)(t): a police report is a report forwarded by a police officer to a Magistrate under section 193(3). Section 2(1)(u): a police station is any post or place declared generally or specially by the State Government to be a police station. A police station also includes any local area the State Government specifies in this behalf. Section 2(1)(v): a Public Prosecutor is any person appointed under section 18 of the Sanhita, and includes any person acting under the directions of a Public Prosecutor. Section 2(1)(w): a sub-division is a sub-division of a district. Section 2(1)(x): a summons-case is a case relating to an offence that is not a warrant-case. Section 2(1)(y): a victim is a person who has suffered any loss or injury caused by the act or omission of the accused person, and includes the guardian or legal heir of the victim. Section 2(1)(z): a warrant-case is a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. Section 2(2): words and expressions used in the Sanhita and not defined there, but defined in the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023, have the meanings assigned in those enactments.

When Section 2 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.

Example of Section 2 BNSS

Meera suffers loss because of an act committed by Vikram and approaches the Magistrate under the Bharatiya Nagarik Suraksha Sanhita, 2023. Under Section 2(1)(y) BNSS, Meera is a victim because she suffered loss or injury caused by the act or omission of the accused person, and her guardian or legal heir is also included. During the investigation under Section 2(1)(l) BNSS, Sub-Inspector Arjun records identification processes using a communication device as audio-video electronic means under Section 2(1)(a) BNSS. When the Court grants Vikram bail under Section 2(1)(b) BNSS, he is released from legal custody upon executing a bail bond with surety under Section 2(1)(d) BNSS.

When Section 2 BNSS Does Not Apply

  • The definitions in Section 2(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 do not apply when the context in the Sanhita requires a different meaning.
  • An allegation made to a Magistrate does not constitute a complaint under Section 2(1)(h) BNSS if it is a police report, except where the Explanation treats a post-investigation report of a non-cognizable offence as a complaint.
  • A proceeding before a Magistrate or a Court does not fall within the definition of an inquiry under Section 2(1)(k) BNSS when the proceeding is a trial.
  • A criminal case does not qualify as a summons-case under Section 2(1)(x) BNSS when it is a warrant-case punishable with death, life imprisonment, or imprisonment exceeding two years.

Section 2 BNSS in the CrPC (Previous Law)

Section 2 BNSS replaces Section 2 CrPC from the old criminal code.

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.

View CrPC Section 2 →

FAQs on Section 2 BNSS

How does Section 2(1) BNSS define bail, bond, and bail bond?▼

Under Section 2(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023, bail means the release of a person accused or suspected of committing an offence from the custody of law upon conditions imposed by an officer or a Court on executing a bond or a bail bond. Section 2(1)(e) BNSS defines a bond as a personal bond or an undertaking for release without surety. Section 2(1)(d) BNSS defines a bail bond as an undertaking for release with surety.

What do electronic communication and audio-video electronic means cover under Section 2(1) BNSS?▼

Section 2(1)(i) of the Bharatiya Nagarik Suraksha Sanhita, 2023 defines electronic communication as written, verbal, pictorial, or video content transferred between persons or devices using a telephone, mobile phone, wireless device, computer, audio-video player, camera, or other Central Government notified device. Section 2(1)(a) BNSS states that audio-video electronic means shall include using any communication device for video conferencing, recording identification, search and seizure, or evidence, transmitting electronic communication, and other purposes provided by State Government rules.

How does Section 2 BNSS resolve conflicts with a special Act and handle undefined words?▼

Under the Explanation to Section 2(1)(l) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where any provisions of a special Act are inconsistent with the provisions of the Sanhita, the provisions of the special Act shall prevail. For words and expressions used in the Sanhita but not defined in Section 2(1) BNSS, Section 2(2) BNSS provides that they shall have the meanings assigned to them in the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023.

What changed from Section 2 CrPC to Section 2 BNSS from 1 July 2024?▼

Compared to Section 2 of the Code of Criminal Procedure, 1973, Section 2 of the Bharatiya Nagarik Suraksha Sanhita, 2023 adds definitions for audio-video electronic means, bail, bail bond, bond, and electronic communication, while omitting India, metropolitan area, pleader, and prescribed. Section 2(1)(l) BNSS adds that inconsistent special Act provisions shall prevail. Section 2(1)(y) BNSS removes the requirement that the accused has been charged for victim status, and Section 2(2) BNSS adopts undefined terms from the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023.

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·