Short Title, Extent, Commencement; Definitions; Trial of Offences; Saving
Foundational provisions — title, definitions, applicability, savings
Legal Commentary
Explanation
Sections 1–5 are the constitutional spine of the Code of Criminal Procedure 1973 — establishing its name, territorial scope, the critical definitions that govern every subsequent provision, and its relationship with substantive criminal law and special legislation. Section 2 contains the definitional engine of the entire Code. Two definitions of supreme practical importance: 'cognizable offence' (Section 2(c)) — an offence for which a police officer may arrest without a warrant, and 'non-cognizable offence' (Section 2(l)) — one requiring a magistrate's warrant before arrest. This cognizable/non-cognizable distinction determines the entire architecture of police power in India. 'Bailable' and 'non-bailable' offences (Section 2(a)) determine bail rights — in bailable offences, bail is a matter of right; in non-bailable offences, it is discretionary. 'Complaint' (Section 2(d)) is specifically defined as any allegation made to a magistrate — a police FIR is not a 'complaint' in the technical CrPC sense, which has significant procedural consequences for private prosecution cases. Section 4's application of CrPC procedure to all special law offences is fundamental — NDPS, PMLA, POCSO, IT Act offences are all investigated and tried using CrPC procedure unless those laws specifically modify it.