Section 2 of BNSS : Section 2: Definitions.
BNSS
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Explanation using Example
Example 1:
Scenario: Ramesh is accused of theft and is arrested by the police.
Application of Definitions:
- Bail: Ramesh's lawyer applies for bail, which means Ramesh can be released from police custody upon certain conditions.
- Bailable Offence: If theft is listed as a bailable offence in the First Schedule, Ramesh can be granted bail more easily.
- Bail Bond: Ramesh may need to provide a bail bond, which is an undertaking with surety, to ensure he will appear in court.
- Cognizable Offence: Theft is a cognizable offence, so the police can arrest Ramesh without a warrant.
- Complaint: If a neighbor, Suresh, saw Ramesh committing the theft, Suresh can make a complaint to the Magistrate.
- Investigation: The police will conduct an investigation to collect evidence against Ramesh.
- Judicial Proceeding: During the trial, evidence will be legally taken on oath.
- Victim: The person whose property was stolen by Ramesh is the victim and can seek justice.
Example 2:
Scenario: Priya is involved in a car accident and is accused of causing injury to another person.
Application of Definitions:
- Non-Cognizable Offence: If causing injury by negligence is a non-cognizable offence, the police cannot arrest Priya without a warrant.
- Complaint: The injured person can file a complaint with the Magistrate alleging Priya's negligence.
- Electronic Communication: The accident was recorded on a nearby CCTV camera. The footage can be used as electronic communication evidence.
- Inquiry: The Magistrate will conduct an inquiry to determine if there is enough evidence to proceed with a trial.
- Local Jurisdiction: The case will be handled by the court within the local jurisdiction where the accident occurred.
- Public Prosecutor: A Public Prosecutor will represent the state and present the case against Priya.
- Victim: The injured person is the victim and can cl...
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