Court

There is no single definition of 'Court' in Indian law; each statute defines it for its own purposes. Two definitions are most tested. Section 2(5) of the Bharatiya Nyaya Sanhita, 2023 says Court means a Judge who is empowered by law to act judicially alone, or a body of Judges empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially. This reproduces the definition of 'Court of Justice' in Section 20 of the IPC.

Section 2(1)(a) of the Bharatiya Sakshya Adhiniyam, 2023 is wider in one sense and narrower in another. It is an inclusive definition: Court includes all Judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence. It carries forward Section 3 of the Indian Evidence Act, 1872. The express exclusion of arbitrators is a favourite exam point, as is the fact that the BSA definition turns on the power to take evidence, while the BNS definition turns on acting judicially.

Many statutes give 'Court' a meaning confined to a particular forum. Under Section 9 of the Hindu Adoptions and Maintenance Act, 1956, court means the city civil court or district court where the child ordinarily resides. Section 2(1)(e) of the Arbitration and Conciliation Act, 1996 identifies the principal civil court of original jurisdiction or the High Court, and Section 47 gives a separate meaning for enforcement of foreign awards. Section 2(aaa) of the Legal Services Authorities Act, 1987 extends the term to tribunals and other authorities exercising judicial or quasi-judicial functions.

The practical lesson is to read 'Court' in the light of the statute in question. An answer that applies the BSA definition to a penal provision, or treats an arbitral tribunal as a court for evidence purposes, will usually be wrong.