Section 2 of BNSS : Section 2: Definitions.

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 claim compensation for the injuries suffered.

Example 3:

Scenario: A company is suspected of tax evasion and the police conduct a search and seizure operation.

Application of Definitions:

• Audio-Video Electronic Means: The police use video conferencing to coordinate the search operation and record the process.
• Cognizable Offence: Tax evasion is a cognizable offence, so the police can conduct the search without a warrant.
• Investigation: The police collect evidence such as financial records and electronic communications during the search.
• Place: The search is conducted at the company's office, which is considered a place under the act.
• Police Report: After the investigation, the police forward a report to the Magistrate detailing the findings.
• Judicial Proceeding: The court will conduct judicial proceedings to determine the company's guilt based on the evidence collected.
• Victim: The government, as the entity defrauded of tax revenue, is considered the victim in this case.

Example 4:

Scenario: A person is accused of cyberbullying through social media.

Application of Definitions:

• Electronic Communication: The cyberbullying was done through electronic communication, such as messages and posts on social media.
• Complaint: The victim of cyberbullying can file a complaint with the Magistrate.
• Investigation: The police will investigate by collecting electronic evidence such as screenshots and chat logs.
• Cognizable Offence: If cyberbullying is classified as a cognizable offence, the police can arrest the accused without a warrant.
• Victim: The person who suffered emotional distress and harm due to cyberbullying is the victim.
• Judicial Proceeding: The court will conduct judicial proceedings to determine the guilt of the accused based on the electronic evidence.
• High Court: If the case involves significant legal questions, it may be appealed to the High Court of the respective state.

Example 5:

Scenario: A person is accused of trespassing on private property.

Application of Definitions:

• Non-Cognizable Offence: Trespassing may be a non-cognizable offence, so the police cannot arrest the person without a warrant.
• Complaint: The property owner can file a complaint with the Magistrate alleging trespassing.
• Investigation: The police will investigate the complaint by gathering evidence such as witness statements and photographs.
• Place: The private property where the trespassing occurred is considered a place under the act.
• Victim: The property owner is the victim and can seek legal action against the trespasser.
• Judicial Proceeding: The court will conduct judicial proceedings to determine if the accused is guilty of trespassing.
• Local Jurisdiction: The case will be handled by the court within the local jurisdiction where the trespassing occurred.