Important Definitions

Section 2 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 serves as the dictionary for the entire procedural code. While many definitions are retained from the old CrPC, the most significant shift is the formal recognition of digital infrastructure—bringing criminal procedure into the 21st century.

Here are the most important definitions you need to master for your exams and practice.

1. The Digital Era Additions

The biggest departure from the CrPC is the explicit inclusion of modern technology for communication and evidence gathering.

Electronic Communication [Section 2(1)(i)]

Definition: The communication of any written, verbal, pictorial information or video content transmitted or transferred by means of an electronic device.
Scope: It covers person-to-person, device-to-device, and person-to-device communication using mobile phones, computers, or any wireless telecommunication device.

Audio-Video Electronic Means [Section 2(1)(a)]

Definition: Includes the use of any communication device for video conferencing, recording processes of identification, search and seizure, or recording of evidence.
Impact: This provides the legal backbone for virtual courtrooms and the newly mandated videography of crime scenes.

2. The Core Procedural Definitions

Complaint [Section 2(1)(h)]

A complaint is an allegation made orally or in writing to a Magistrate (not the police), with a view to taking action, stating that someone has committed an offence.

Crucial Exception: It does not include a police report.
The “Deemed” Complaint: If a police officer investigates a case and finds it to be a non-cognizable offence, the report they submit is deemed a complaint, and the officer legally becomes the complainant.

Investigation vs. Inquiry

Students often confuse these two terms. BNSS separates them clearly based on who conducts them and why:

Investigation [Section 2(1)(l)]: Conducted by a Police Officer (or any person authorized by a Magistrate, other than a Magistrate). The sole purpose is the collection of evidence.
Inquiry [Section 2(1)(k)]: Conducted by a Magistrate or Court. It includes every inquiry other than a trial.

3. Crucial Definitions for Trial & Release

Bail & Bail Bond [Section 2(1)(c)]

While CrPC never explicitly defined “Bail” or “Bail Bond” in its definition clause, BNSS brings much-needed clarity.

Bail: The temporary release of an accused person awaiting trial, often on condition that a sum of money is lodged to guarantee their appearance in court.
Bail Bond [Sec 2(1)(c)]: Defined explicitly in BNSS as an undertaking for release with or without surety.
Practical Application: When a student studies Chapter 39 of BNSS (Provisions as to Bail and Bonds), this foundational definition determines whether a personal bond is sufficient or if a surety is legally mandated.

Investigation [Section 2(1)(l)]

Definition: 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.
The Core Test: If a Magistrate is doing it, it is an inquiry. If the police are doing it to collect evidence, it is an investigation.

Victim [Section 2(1)(y)]

This is a high-frequency exam topic because the Supreme Court frequently expands victim rights.

Definition: 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.
Expanded Scope: Crucially, the definition explicitly includes the victim’s guardian or legal heir. This gives family members the legal standing to file appeals or hire private counsel to assist the prosecution.

📄 Free Practical Resource: The Bail Bond

To understand how Section 2(1)(c) works in a real courtroom, you need to see the actual documentation.

📥 Download Standard Bail Bond Format (PDF) Here (This is the standard format used for attendance before the Officer in Charge of a Police Station or Court).

4. Visualizing: Complaint vs. Police Report

flowchart TD
    A["Information of Offence"] --> B{"Given To Whom?"}
    B -- "Police Officer" --> C["Information (Sec 173 BNSS)"]
    B -- "Magistrate" --> D["Complaint (Sec 2(1)(e) BNSS)"]
    
    C --> E["Police starts Investigation"]
    D --> F["Magistrate conducts Inquiry"]