Definition under Code of Criminal Procedure 

What's a Criminal Case? 

A full- fledged Criminal Case is a  theater  in three Acts.  disquisition, inquiry and trial are its three  consecutive acts. The first act has two scense- complaint and information. The first scene opens at a Magistrate's court where the plaintiff is examined on pledge by the Magistrate. It may  also  transfer to the police officer  or to other authorised person for  disquisition under section 202 of the  law. On the disquisition report the complaint is  retired by the Magistrate under section 203 CrP.C.  Analogous is the case with information  bivouacked with the police under Section 154 in cognizable cases. This represents the alternate scene  showing off the officer in- charge of a police position  probing the case. The  theater   also moves on to the alternate act which may  show off either the trial or the inquiry. 

 Constitutionally  thus, these two scenes are  legislated in the third act. The Magistrate or the Sessions Judge proceeds with the trial. An  disquisition is a methodical   nanosecond and through attempt to get the data about  commodity  daedal or  retired, it's  frequently  conventional and  sanctioned. It has two main  rudiments( 1) the necessary actions for the collection of  substantiation, and( 2) the   substantiation is to be collected by a police officer or by a person other than a Magistrate who's  empowered by a Magistrate to do  consequently. For the purpose of  disquisition, offences are  separated into two  orders- cognizable and non-cognizable.  

What are the Definitions Under Section 4 of Code of Criminal Procedure?  

Who's Attorney- General?  

The Attorney General is the  top law officer of the Government. As to his  dominions under the  law, S 495  authority to appear for  execution in Courts of Adjudicators without  authorization.   What's Charge?  in simple word, a charge is a precise  expression of the  special blameworthiness made against a person who's entitled to  see its nature at the  foremost stage. It denotes a charge formulated after inquiry as distinguished from the popular meaning of the word as  inferring inculpation of a person for an alleged offence. 

 How many offences and cases are there? 

 Offences and cases are  separated into two broad classes-  1) Cognizable offences and cognizable cases i.e. those offences for which, and cases in which a police officer may arrest without a  leave from a Magistrate; in other words cases of which a police officer , as  similar, can take  observance.  2)Non-cognizable offences and non-cognizable cases i.e those offences for which and those cases in which a police officer may not arrest without  leave; in other words, cases of which a police officer  , as  similar, can not take  observance.  know Crpc Section 4( 1)( n).   

Who can file complaint?

  In general, a complaint into an offence can be filed by any person. except in cases of offences relating to conjugality, defamation, lotteries and offences mentioned in sections 195 and 198. There's no  legit interdiction for a Police Officer to be a plaintiff if he's a  substantiation to the commission of an offence and also to be an  probing officer consequently long as it doesn't prejudice the  indicted.   

What are the  essentials of a complaint?

 Or, What's a complaint?  

 Usually, a complaint in a felonious case is what a plaint is in a civil case. It's one of the modes in which a Magistrate can take   observance of an offence( section 190). The  essentials of a complaint are( 1) an  vocal or a  penned allegation;( 2) that some person given or unknown has  immured an offence;( 3) it must be made to a Magistrate; and( 4) it must be made with the object that he should take action. All these conditions are answered by a report of a police officer , but it's expressly  barred from the  description.  It's the allegation of fact which constitutes a complaint. It doesn't bear statement of fact beyond allegation that some person has   immured an offence. It isn't necessary that a complaint should  show off the sections under which the  indicted is to be charged. An  elision to mention the offence made out by the data, or the mentioning of a  wrong section of the Penal Code, doesn't vitiate a complaint and doesn't take down the  governance of the Court to try a person complained against for the offences which can be made out on the base of the allegation in the complaint.  tallying to the Nagpur High Court the report of a police officer whether in a cognizable or anon-cognizable offence doesn't constitute a complaint. The Rangoon High Court has held that when a police bobby investigates anon-cognizable case under the orders of a Adjudicators, the report isn't a complaint, though if a police bobby, acting without  instructions from a  justice reports anon-cognizable offence to a Magistrate with a  prospect to the Magistrate taking action, this is a complaint. Complaint can be delved  indeed against  unidentified persons.   

What's Inquiry? 

 The  description of" inquiry"  given away then is  actually an  elucidation of the  tenure as  exercised in the  law. The word" inquiry" must be distinguished from"  disquisition" under Chapter XIV on the one  phase and a" trial" on the other.  

What's the  difference between" Inquiry" and"  disquisition" ?

An inquiry is  nonidentical from an  disquisition in the following details-  1) An inquiry must be by a Magistrate or Court whereas an  disquisition is by a police bobby or any person other than a Magistrate or Court.  2) The object of an inquiry is to determine the  verity or  fabrication of certain data in order to take  farther action thereon, while the object of an  disquisition is to collect  substantiation.   

What's the  difference between "Inquiry" and "trial"?  

An inquiry is  nonidentical from a trial in the following  felicitations-  1) A" trial" is a judicial proceeding which ends in  satisfaction or acquital. All other actions are inquiries which have  colorful ending  tallying to the  portions.  2) The word" trial" as  exercised in the Code presupposes the  eidolon of an offence, while an" inquiry" doesn't  simply mean an inquiry into an offence  similar as is  meditated by Chapter XVIIl but extends to matters which aren't offences,e.g. actions under sections 117, 145 and 514 of the  law.  3) The  tenure" inquiry" isn't confined to actions in which an  indicted is  really placed before a Magistrate on a charge for an offence. It's meant to carry everything done in a cause by a Magistrate whether the case has been challenged or not.  therefore it will  carry an inquiry under section 159 made by the Magistrate in order to ascertain whether the offence has been  immured and if  consequently, whether any person should be  set on his trial or an inquiry by a Magistrate  under section 176, into the cause of death or an inquiry under section 202. into the  verity or  fabrication of a complaint, before issuing process  against the  indicted or the recording of a statement under section 164. An inquiry under section 465 of the  law as to the  country of mind of the  indicted is only an" inquiry" and not a trial.

What are the Stages of Criminal case?  

The three  tours"  disquisition"," inquiry" and" trial" denote three  nonidentical stages of a  felonious case. The first stage is  passed when a police officer either by himself or under the order of a Magistrate investigates into a case( section 202). If he finds that no offence has been  immured he reports the fact to a Magistrate who drops the actions and the case comes to an end( section 203). But if he's of a contrary opinion, he sends up the case to a Magistrate.  also begins the alternate stage, which is either a trial or an inquiry. The Magistrate may deal with the case himself, and either condemn the  indicted, or discharge or absolve him but if the Magistrate forms an opinion that the case is a serious one not triable by himself, or is one triable by himself but he's not competent to pass an acceptable  judgment  on the  indicted on  satisfaction,  also he commits the case to the Court of Session after he conducts what's called" an inquiry" into the case and finds that a prima facie case has been  substantiated against the  indicted. The third and final stage of a case is  passed when the  indicted is placed for" trial" before the Sessions Court.    disquisition launched mala fide by  probing Agencies would be open to  emendation by invoking  indigenous  governance of the High Court Division.   

What is" judicial proceeding"?  

The  tenure" judicial proceeding" includes" inquiry" and" trial" but not"  disquisition". It's also explained in section 193, and appertained to in sections 192 and 228 of the Penal Code. The  tenure includes an  prosecution proceeding, an enquiry before the  conclusion of an  order under section 144, an enquiry under section 176, and  primary enquiry under section 476. Section 4( m).   

What is" offence"?  

The  tenure" offence" is more elaborately  outlined in section 40 of the Penal Code. There's a special  description of" offence"  in section 44 of this  law.  dilapidation to conserve one's  woman and children isn't an offence within the meaning of this subsection, and a finding of a Magistrate   marshaling  a person to pay a certain  quantum of  plutocrat for the  conservation of his  woman and children doesn't  thus amount to a   satisfaction for anoffence.Section 4( o).   

Who's "Officer in charge of a police position"? 

"Officer in charge of a police position". - The object of the  description then's to permit the discharge of the duties of an officer  in charge of a police position by some other person, when  similar officer  is  out from the position house or is  unfit from illness or  other cause to attend to his duties. The  description comes into play only when the officer  in charge of the police position is  out from the position house or is  unfit to  achieve his duties. When he's  present-day in  the position house and  suitable to attend to his duties, the other person mentioned in the  description can not apply the  dominions of an officer in charge of a police position. Section 4( p). 

 Who's" Public Prosecutor"? 

" Public Prosecutor" Public Prosecutor includes Assistant Public Prosecutor and any person conducting  execution under Public Prosecutor. Section 4( t).