Section 2: Definitions

Unless the subject or the context otherwise requires, in this Code, definitions:

(a) “court” means the Supreme Court, High Court or District Court, and this term also includes any other court, judicial body or authority empowered by law to proceed, hear and adjudicate any specific type of criminal cases;

(b) “investigating authority” means an authority designated under this Act or competent authority under law to make investigation into any offence, and this term also includes an investigation team formed to investigate into any specific offence;

(c) “Penal Code” means the National Penal (Code) Act, 2017;

(d) “complaint” means a plaint to be filed in court, and this term also includes a chargesheet in relation to any offence under Schedule-1 or Schedule-2, and a report thereon in relation to any other case;

(e) “offence” means an act punishable by the Penal Code or other Act;

(f) “law” means a law for the time being in force;

(g) “grave offence” means any offence punishable by a sentence of imprisonment for a term of more than three and less than ten years;

(h) “heinous offence” means any offence punishable by a sentence of imprisonment for life or for a term of more than ten years,

(i) “place” means a house, shed, cow shed, elephant shed or tent, and this term also includes a motor vehicle, vessel, aircraft, and other place or means of similar nature;

(j) “judge” means the authority of a court to proceed, hear and adjudicate a case, and this term also includes an authority competent to proceed, hear and adjudicate a criminal case;

(k) “police office” means a police office authorized to investigate into any offence set forth in Schedule-1;

(l) “criminal case” means a case related to an offence under Schedule-1, Schedule-2, Schedule-3 or Schedule-4, and this term also includes any other case, except a case on any of the following matters:

(1) A case related to a legal right, status, post, family relationship or property,

(2) Establishment of relationship, or divorce,

(3) Fee, remuneration, salary, allowance or wage,

(4) Partition, succession, donation, gift, will, guardianship, curatorship, parental authority, adoption,

(5) Any right or claim under any contract, quasi contract or unlawful enrichment,

(6) Any right or claim relating to tort, quasi-tort or defective product,

(7) Servitude,

(8) Compensation, or

(9) Any other right or liability of civil nature.

(m) “case” means a criminal case;

(n) “adjudicating authority” means an authority empowered by law to proceed, hear and adjudicate a case, and this term also includes, in the case of a person taken in custody, a court nearby the place where the person is taken in custody;

(o) “Local Level” means a Village Body (Gownpalika) or Municipality;

(p) “Government attorney” means the Attorney General, Deputy Attorney General, Joint Attorney, Deputy Attorney, District Attorney or Assistant District Attorney, and this term also includes an officer designated by the Attorney General to act in the capacity of government attorney.