MPSC_Judicial Magistrate _Preliminary Provisions:

Preliminary Provisions in the Code of Criminal Procedure (CrPC) for the Maharashtra Civil Judge (Junior Division) and Judicial Magistrate (First Class) Preliminary Examination

The Code of Criminal Procedure, 1973 (CrPC) is the primary legislation governing procedural aspects of criminal law in India. It lays down the framework for investigation,

 inquiry, trial, and sentencing of accused persons. The Preliminary Provisions of the CrPC, particularly Section 2 (Definitions) and Sections 6-25 (Constitution of Criminal Courts and Offices), form the foundation of understanding criminal procedural law.

1. Preliminary Provisions: Definitions and Interpretations (Section 2 of CrPC)
Section 2 of the CrPC provides key definitions and interpretations necessary to understand the procedural aspects of criminal law. These definitions clarify various legal terms used throughout the code.

Important Definitions under Section 2:
Bailable and Non-Bailable Offences (Section 2(a))

Bailable Offence: An offence in which bail is a matter of right (e.g., public nuisance, defamation).
Non-Bailable Offence: An offence where bail is granted at the discretion of the court (e.g., murder, rape, robbery).
Charge (Section 2(b))

A formal accusation against a person in a criminal case specifying the offence committed.
Cognizable and Non-Cognizable Offences (Section 2(c) & 2(l))

Cognizable Offence: An offence where the police can arrest without prior approval of a magistrate (e.g., serious offences like murder, kidnapping, dowry death).
Non-Cognizable Offence: An offence where prior approval of a magistrate is required for an arrest (e.g., cheating, forgery, assault).
Complaint (Section 2(d))

An allegation made to a magistrate regarding the commission of an offence but does not include a police report.
Inquiry (Section 2(g))

Any legal proceeding by a magistrate before the trial begins.
Investigation (Section 2(h))

Procedures carried out by the police or any authorized officer to collect evidence related to a crime.
Judicial and Executive Magistrates (Section 2(e) & 2(f))

Judicial Magistrate: A magistrate empowered to try criminal cases and pass judgments.
Executive Magistrate: An official responsible for maintaining law and order, such as a District Magistrate.
Offence (Section 2(n))

Any act or omission punishable under the Indian Penal Code (IPC) or any other law.
Police Report (Section 2(r))

A report submitted by the police after completing an investigation, also known as a charge sheet.
Summons-Case and Warrant-Case (Section 2(w) & 2(x))

Summons-Case: A case relating to an offence punishable with imprisonment of up to two years.
Warrant-Case: A case involving an offence punishable with more than two years of imprisonment.
These definitions are fundamental in understanding the procedural requirements and legal implications under the CrPC.