Q:Is it obligatory on the public to give information of certain offences under the Cr.P.C? Explain.
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Ans.
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Public to give information of certain offences:
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According to section (44) of Cr.P.C, "(I) Every person aware of the commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Pakistan Penal Code, namely 121, 121A, 122, 123, 123A, 124, 124A, 125, 126, 130, 143, 144, 145, 147, 148. 153A, 161, 162, 163, 164, 165, 168, 170, 231, 232, 255, 302, 303, 304, 304A, 364A, 382, 392, 393, 394, 395, 396, 397, 398, 399,402, 435, 436, 449, 450, 456, 457, 458, 459, 460 and 489A, shall, in the absence of reasonable excuse, the burden of proving which shall lie upon the person so aware, forthwith give information to the nearest Magistrate, Justice of the Peace, or police-officer of such commission or intention.
(2) For the purposes of this section the term, "offence includes any act committed at any place out of Pakistan which would constitute an offence if committed in Pakistan".
Summary:
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Section (44) of the Cr.P.C imposes a duty on every person aware of the commission or of the intention of any other person to commit any of the offences specified in the section to give forthwith information thereof to the nearest Magistrate or police officer,
The provisions of section (44) are purposely promulgated so that crimes are brought' to book and "not suppressed by persons knowing about them.
"Effect of not giving information:
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An intentional omission to give information under this section is an offence punishable under section (176) or under section (202) of the Penal Code. Giving false information of the commission of an offence is also punishable under section (182) of the Penal Code.
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