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The Code of Criminal Procedure, 1898

( ACT NO. V OF 1898 )

[ 22nd March, 1898 ]

Part I

PRELIMINARY

Chapter I

Definitions
4.(1) In this Code the following words and expressions have the following meanings, unless a different intention appears from the subject or context:-
 
 
1[(a) "advocate", used with reference to any proceeding in any Court, means an advocate or a mukhtar authorised under any law for the time being in force to practise in any such Court and includes any other person appointed with the permission of the Court to act in such proceeding;
 
 
(aa) "Attorney-General" means the Attorney-General for Bangladesh, and includes also the Additional Attorney-General, the Deputy Attorney-General or the Assistant Attorney-General for Bangladesh, or, a Government advocate or such officer as the Government may, from time to time, appoint in this behalf:]
 
 
(b) "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" includes any head of charge when the charge contains more heads than one:
 
 
(d) [Repealed by section 3 and Schedule II of the Repealing and Amending Act, 1923 (Act No. XI of 1923).]
 
 
(e) Clerk of the State includes any officer specially appointed by the Chief Justice to discharge the functions given by this Code to the Clerk of the State:
 
 
(f) "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:
 
 
(g) [Omitted by the Schedule of the Adaptation of Central Acts and Ordinances Order, 1949.]
 
 
(h) "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:
 
 
2[(hh) "Court of Session" includes a Metropolitan Court of Session;]
 
 
(i) [Omitted by the Schedule of the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (Act No. II of 1950).]
 
 
 
 
3[(j) "High Court Division" means the High Court Division for criminal appeal or revision: ]
 
 
 
 
(k) "inquiry" includes every inquiry other than a trial conducted under this Code by a Magistrate or Court:
 
 
 
 
(l) "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 Magistrate in this behalf:
 
 
(m) "judicial proceeding" includes any proceeding in the course of which evidence is or may be legally taken on oath:
 
 
(n) "non-cognizable offence" means an offence for, and "non-cognizable case" means a case in, which a police-officer, may not arrest without warrant:
 
 
(o) "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, 1871:
 
 
(p) "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 cause 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 directs, any other police-officer so present:
 
 
(q) "place" includes also a house, building, tent and vessel:
 
 
(r) [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)]:
 
 
(s) "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:
 
 
(t) "Public Prosecutor" means any person appointed under section 492, and includes any person acting under the directions of a Public Prosecutor 4[* * *]:
 
 
5[(u) "Upazila" means a Upazila as defined in the Upazila Parisad Act, 1998 (Act. No. 24 of 1998)]
 
 
 
 
(v) and (w) [Omitted by section 2 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982).]
  • 1
    Clauses (a) and (aa) were substituted, for clause (a) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
  • 2
    Clause (hh) was inserted by section 2 of the Code of Criminal Procedure (Amendment) Act, 2000 (Act No. XLI of 2000)
  • 3
    Clause (j) was substituted, for the former clause (j) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
  • 4
    The words "and any person conducting a prosecution on behalf of the State in any High Court in the exercise of its original criminal jurisdiction" were omitted by section 3 and 2nd Schedule of Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
  • 5
    Clause (u) was substituted by section 3 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
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