Home / Legal terms in plain English
A SMALL LEGAL DICTIONARY

Understand the words before the rule.

Section

A numbered provision of an Act. A section can contain subsections, clauses, explanations and exceptions.

Subsection

A numbered division within a section, usually written as (1), (2) and so on. For example, 318(4) means subsection (4) of section 318.

Proviso

A qualifying provision, often beginning with “Provided that”. Read it with the rule it qualifies.

Illustration

An example printed in the Act to explain how a provision operates. It is distinct from this website’s own learning examples.

Cognizable

An offence for which police may arrest without a warrant in accordance with the applicable law. The label does not mean arrest is mandatory or unrestricted.

Non-cognizable

An offence for which police have no authority to arrest without a warrant. It does not mean the conduct is lawful.

Bailable

An offence shown as bailable in the First Schedule or made bailable by another law. The applicable bail provisions and conditions still matter.

Non-bailable

An offence outside the bailable category. This does not mean bail is impossible; the applicable legal rules govern release.

Good faith

Under BNS section 2(11), due care and attention are essential. Simply saying that you honestly believed something does not settle the question.

Commencement

The date when a provision comes into force. This can differ from the date an Act received assent.

Educational summaries. Sources: BNS section 2; BNSS section 2; BNSS sections 478 and 480 for bail. Independent legal review pending.