Code of Criminal Procedure, 1989 (1933 A. D.)
No: 13 Dated: Feb, 01 1989
THE CODE OF CRIMINAL PROCEDURE, 1989 (1933 A. D.)
Act No. XXIII of 1989.
An Act to Consolidate and Amend the Law Relating to Criminal Procedure.
Whereas it is expedient to consolidate and amend the law relating to Criminal Procedure ; It is hereby enacted as follows :-
Part I
Preliminary
CHAPTER I
1. Short title, commencement. - (1) This Code may be called the Code of Criminal Procedure, and it shall come into force on the first day of Phagan, 1989.
(2) Extent. - (a) It extends to the whole of Jammu and Kashmir State but in the absence of any specific provision to the contrary, nothing herein contained shall affect any special or local law now in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.
2. Repealed.
3. Reference to Code of Criminal Procedure. - In every enactment passed before this Code comes into force in which reference is made to, or to any Chapter or section of, the Code of Criminal Procedure, for the time being in force, such reference shall, so far as may be practicable, be taken to be made to this Code or to its corresponding Chapter or section.
(2) Expression in former enactments. - In every enactment passed before this Code comes into force the expressions "Officer exercising (or 'having') the powers (or 'the full powers') of a Magistrate." "Subordinate Magistrate, 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 "Joint Sessions Judge" shall mean "Additional Session Judge."
4. Definitions. - (1) In this Code the following words and expressions have the following meanings, unless a different intention appears from the subject or context :-
(a) "Advocate General", "Advocate General" includes also a Government Advocate or, where there is no Advocate General or Government Advocate, such officer as the Government may, from time to time, appoint in this behalf.
(b) "Bailable Offence", "Non-Bailable offence". - "Bailable offence" means an offence shown as bailable in the second Schedule, or which is made bailable by any other law for the time being in force ; and "non-bailable offence" means any other offence ;
(c) "Charge", "Charge" includes any head of charge when the charge contains more heads than one ;
(d) "Cognizable offence", "Cognizable case. - "cognizable offence" means an offence for, and "cognizable case" means a case in, which a police-officer may, in accordance with the second Schedule or under any law for the time being in force, arrest without warrant ;
(e) "Complaint". - "complaint" means the 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 it does not include the report of a police-officer ;
(f) "High Court". - High Court" means the highest Court of criminal appeal and revision in the Jammu and Kashmir State;
(g) "Inquiry". - "Inquiry" includes every inquiry other than a trial conducted under this Code by a Magistrate or Court ;
(h) "Investigation". - "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". - judicial proceeding" includes any proceeding in the course of which evidence is or may be legally taken on oath ;
(j) "Non-cognizable offence", "Non-cognizable case". - "Non-cognizable offence" means an offence for, non-cognizable case means a case in, which a police officer may not arrest without warrant ;
(k) "Offence". - "Offence" means any act or omission made punishable by any law for the time being in force ;
it also includes any act in respect of which a complaint may be made under section 20 of the Cattle-Trespass Act, 1977 ;
(l) "Officer-in-charge of Police Station". - "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 case 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 Government so direct, any other police officer so present ;
(m) "Place". - "Police" includes also a house, building, tent and vessel;
(n) "Pleader". - "Pleader" used with reference to any proceeding in any Court, means a pleader authorised under any law *for the time being in force to practise in such Court, and includes (1) an advocate, a vakil and an attorney of the High Court so authorised, and (2) any other person appointed with the permission of the Court to act in such proceeding ;
(o) "Police station". - "Police station" means any post or place declared, generally or specially, by the Government to be a police-station, and includes any local area specified by the Government in this behalf;
(p) "Public Prosecutor". - "Public Prosecutor" means any person appointed under section 492, and includes any person acting under the directions of a Public Prosecutor and any person conducting a prosecution on behalf of the Government in the High Court in the exercise of its original criminal jurisdiction ;
(q) "Sub-Division". - "Sub-Division" means a sub-division of a district ;
(r) "Summons case". - "summons case" means a case relating to an offence, and not being a warrant-case ; and
(s) "Warrant-case". - "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 referring to acts. - Words which refer to acts done, extend also to illegal omissions ; and
Words to have same meaning as in Ranbir Penal Code. - All words and expressions used herein and defined in the Ranbir Penal Code and not hereinbefore defined, shall be deemed to have the meanings respectively attributed to them by that Code.