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[Cites 0, Cited by 0] [Section 4] [Entire Act]

State of Jammu-Kashmir - Subsection

Section 4(1) in The Code of Criminal Procedure, 1989 (1933 A. D.)

(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] [In section 4(1)(a), (1) and (p). 7(2), 8, 9, 10, 11, 12, 415(3), 108, 132, 157, 158, 161, 173, 178, 188, 193(2), 196, 196-A, 197, 218, 261, 263, 265, 319, 320(1), 321, 335, 357, 358, 382, 386, 392, 399, 422, 464, 466, 471, 474, 483, 492, 495, 528, 541 and 554 the words 'The Government' substituted for the words 'His Highness' by Act X of 1996.] 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;] [Substituted by Notification 3-L/85 dated 6th August, 1928/23rd Sawan, 1985 published in Government Gazette dated 8th Bhadon, 1985.]
(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] [In section 4(1)(a), (1) and (p). 7(2), 8, 9, 10, 11, 12, 415(3), 108, 132, 157, 158, 161, 173, 178, 188, 193(2), 196, 196-A, 197, 218, 261, 263, 265, 319, 320(1), 321, 335, 357, 358, 382, 386, 392, 399, 422, 464, 466, 471, 474, 483, 492, 495, 528, 541 and 554 the words 'The Government' substituted for the words 'His Highness' by Act X of 1996.] 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] [The words 'and an attorney' were omitted by Schedule (1) of Consolidation Act but were restored by Notification 3-L/85 dated the 6th August, 1928 published in Government Gazette dated 8th Bhadon, 1985.] of the High Court so authorised, and (2) any other person appointed with the permission of the Court to act in such proceeding ;
*See Legal Practitioners Act, 1977 (XXII of 1977).
(o)"Police station". - "Police station" means any post or place declared, generally or specially, by [the Government] [Substituted by Act VII of 2001 for 'His Highness'.] to be a police-station, and includes any local area specified by [the Government] [Substituted by Act VII of 2001 for 'His Highness'.] 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 section 4(1)(a), (1) and (p). 7(2), 8, 9, 10, 11, 12, 415(3), 108, 132, 157, 158, 161, 173, 178, 188, 193(2), 196, 196-A, 197, 218, 261, 263, 265, 319, 320(1), 321, 335, 357, 358, 382, 386, 392, 399, 422, 464, 466, 471, 474, 483, 492, 495, 528, 541 and 554 the words 'The Government' substituted for the words 'His Highness' by Act X of 1996.] 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] [Substituted by Act XXXVII of 1978 for 'one year', Section 2.].