Tuesday, March 11, 2014
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Criminal procedure code---- notes
Sunday, November 28, 2010
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Q:Is it obligatory on the public to give information of certain offences under the Cr.P.C? Explain.
Public to give information of certain offences:
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".
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:
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.
Sunday, November 28, 2010
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Soft Copy of CrPC
An authentic and latest soft copy can be found below.
Yes,the first morning of creation wrote what the last dawn of reckoning shall read.Omer Khayyam.
If you must say yes, say it with an open heart. If you must say no, say it without fear.
Sunday, November 28, 2010
Join Date: Jul 2010
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Q; Elaborate Compoundable Offences. What is the legal effect of a valid Composition? Differentiate Withdrawal of a case and Composition of an offence?
Meaning of Compounding an Offence:
The Compounding of an Offence indicates that the dispute between complainant that is aggrieved party, and accused that is person complained against has been settled by an agreement between them. Further, the expression Compounding of an offence denotes that the dispute between the parties has been settled or adjusted by agreement. And the person against whom the offence had been committed having received some consideration (Diyat), and he agrees, not to prosecute the accused.
A lawful Composition may be effected even without passing of any consideration, (Diyat), but there must be some arrangements between the parties to settle their differences.
Offences which are mentioned in section (345) of Cr.P.C are Compoundable offences, and offences other than those mentioned in section (345) are non-compoundable.
Legal effect of a valid Composition:
The legal effect of Composition is an acquittal of the accused (i.e with whom the offence has been compounded) such Composition once made cannot be withdrawn. A compromise of a Compoundable case allowed by the court ousts the jurisdiction of the Court to try the said case.
Difference between Withdrawal and Composition:
The points of difference between withdrawal of offence and Composition of offence are the following:
1. A Composition in Compoundable case can effected even without the permission of the Court, but withdrawal can oly be effected with the consent of the court.
2. A composition is the result of the acts of both parties, while withdrawal is the result of the act of one party i.e complainant/prosecution.
3. A composition in regard to a compoundable case is completed as soon as it is made, while withdrawal is not completed till leav of the court has been obtained.
So i came to the conclusion that offences mentioned in section (345) of criminal procedure code may be compounded, if the parties made some arrangements for settling their differences.
A person can compound the offence, who may set the criminal law in motion, but such person must be the person specified in the third column of the table of section 345 of criminal procedure code , while on other side prosecution can withdraw the offence under section 494 of criminal procedure code in cases where either the evidence is insufficient to secure a conviction, or where the parties have compromised the case or where similar other circumstances exist.
Sunday, November 28, 2010
Join Date: Jul 2010
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Section-wise crpc.... Thanks zohaib baloach
CODE OF CRIMINAL PROCEDURE ( section- wise)
(ACT V OF 1898)
1. Short title and Commencement:
3. References to Code of Criminal Procedure and other repeated enactments.
Expressions in former Acts.
Words referring to acts
Words to have same meaning as in Pakistan Penal Code.
5. Trial of offences under Penal Code.
Trial of offences against other laws
CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES
OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES
A. Classes of Criminal Courts
6. Classes of Criminal Courts and Magistrates.
B. Territorial Divisions
7. Sessions divisions and districts.
Power to alter divisions and districts.
Existing divisions and districts maintained till altered.
8. Power to divide districts into subdivisions.
Existing sub-divisions districts maintained.
C—Courts and offices
9. Court of Session.
10. District Magistrates.
11. Officers temporarily succeeding to vacancies in office of District Magistrate.
12. Subordinate Magistrates.
Local limits of their jurisdiction.
13. Power to put [Executive Magistrate] in charge of sub-divisions
Delegation of powers to District Magistrate.
14. Special Judicial and Executive Magistrates.
15. Benches of Magistrates,
Powers exercisable by Bench in absence of special direction.
16. Power to frame rules for guidance of Benches.
17. Subordination of Judicial Magistrates and Benches to Sessions Judge.
Subordination of Executive Magistrates to District Magistrate. :
Subordination of Executive Magistrates to Sub- Divisional Magistrate.
Subordination of Assistant Sessions Judges to Sessions Judge
D.—Courts of Presidency Magistrates
E.—Justices of the Peace
22. Justice-of the peace for the mufassil.
22. Appointment of Justices of the Peace.
22-A. Powers of Justices of the Peace.
22-B. Duties of Justices of the Peace.
25. Ex-Officio Justices of the Peace.
F.—-Suspension and Removal
POWERS OF COURTS
A—Description of offences cognizable by each Court
28. Offences under Penal code
29. Offences tinder other laws.
29-B. Jurisdiction in the cases of juveniles.
30. Offences not punishable with death.
B. Sentences which may be passed by Courts of various Classes.
31. Sentences which High Court and Sessions Judges may pass.
32. Sentences which Magistrates may pass.
33. Power of Magistrates to sentence to imprisonment in default of fine.
34. Higher powers of certain District Magistrates.
35. Sentence in case of conviction of several offences at one trial.
Maximum term of punishment
C. —Ordinary and Additional Powers
36. Ordinary powers of Magistrates. .
37. Additional powers Conferrable on Magistrates.
38. Control of District Magistrate's investing power.
D.—Conferment, Continuance and Cancellation of Powers
39. Mode of conferring powers.
40. Powers of officers appointed.
41. Powers may be cancelled.
OF AID AND INFORMATION TO THE MAGISTRATES, THE POLICE AND PERSONS
42. Public when to assist Magistrate and Police.
43. Aid to person, other than police officer, executing warrant.
44. Public to give information of certain offences.
45. Village headman, accountants, landholders and others bound to report certain
Appointment of village headmen by District Magistrate or Sub-Divisional, Magistrate in
certain cases for purposes of this section.
OF ARREST, ESCAPE AND RETAKING
46. Arrest how made. .
Resisting endeavour to arrest.
47. Search of place entered by person sought to be arrested.
48. Procedure where ingress not obtainable.
Breaking open zenana.
49. Power to break open doors and windows for purposes of liberation.
50. No unnecessary restraint.
51. Search of arrested persons.
52. Mode of searching women.
53. Power to seize offensive weapons.
B.--Arrest without Warrant
54. When police may arrest without warrant.
55. Arrest of vagabonds, habitual robbers, etc.
56. Procedure when police-officer deputes subordinate to arrest without warrant.
57. Refusal to give name and residence.
58. Pursuit of offenders into other jurisdiction.
59. Arrest by private persons and procedure on such arrest.
60. Person arrested to be taken before Magistrate or officer incharge of police-station.
61. Persons arrested not to be detained more than twenty-four hours.
62. Police to report apprehensions.
63. Discharge of person apprehended.
64: Offence committed in Magistrate's presence.
65. Arrest by or in presence of Magistrate.
66. Power, on escape, to pursue and retake.
67. Provisions of Sections 47, 48 and 49 to apply to arrest
under Section 66.
OF PROCESSES To COMPEL APPEARANCE
68. Form of summons.
Summons by whom served.
69. Summons how served.
Signature of receipt for summons.
70. Service when person summoned cannot be found.
71. Procedure when service cannot be effected as before provided.
72. Service on servant of State or of Railway Company.
73. Service of summons outside local limits.
74. Proof of service in such cases and when serving officer not present.
B:— Warrant of Arrest
75. Form of warrant of arrest.
Continuance of warrant of arrest.
76. Court may direct security to be taken.
Recognizance to be forwarded.
77. Warrants to whom directed
Warrants to several persons.
78. Warrant may be directed to landholders, etc.
79. Warrant directed to police officer.
80. Notification of substance of warrant.
81. Person arrested to be bought before Court without delay.
82. Where warrant may be executed.
83. Warrant forwarded for execution outside / jurisdiction.
84. Warrant directed to police officer for execution outside jurisdiction.
85. Procedure on arrest of person against whom warrant issued.
86. Procedure by Magistrate before whom person arrested is brought.
86-A. Procedure for removal in custody to Tribal Areas.
C.—Proclamation and Attachment
87. Proclamation for person absconding.
88. Attachment of property of person absconding.
89. Restoration of attached property.
D.—Other Rules regarding Processes
90. Issue of warrant in lieu of or in addition to summons.
91. Power to take bond for appearance.
92. Arrest by breach of bond for appearance.
93. Provisions of this Chapter general applicable to summons and warrants of arrest.-
E— Special Rules regarding processes issued for service or execution
outside Pakistan and processes received from outside Pakistan for service
or execution within Pakistan
93-A. Sending of summons for service outside Pakistan.
93-B. Sending of warrants for execution outside Pakistan.
93-C. Service and execution in Pakistan of processes received from outside Pakistan.
OF PROCESSES TO COMPELL THE PRODUCTION OF DOCUMENTS
AND OTHER MOVABLE PPORERTYAND FOR THE DISCOVERY OF
PERSONS WRONGFULLY CONFINED
A.—Summons to produce
94. Summons to produce document or other thing.
95. Procedure as to letters and telegrams.
96. When search warrant may be issued.
97. Power to restrict warrant.
98. Search of house suspected to contain stolen property, forged documents, etc.
99. Disposal of things found in search beyond, jurisdiction.
99-A. Power to declare certain publications & forfeited and to issue search-warrants for
99-B. Application to High Court to set aside order of forfeiture.
99-D. Order of [High Court] setting aside forfeiture.
99-E. Evidence to prove nature or tendency of newspaper.
99-F. Procedure in High Court.
99-G. Jurisdiction barred.
C.—Discovery of persons wrongfully confined
100. Search for persons wrongfully confined.
D. General Provisions relating to Searches
101. Direction, etc. of search warrants.
102. Persons incharge of closed place to allow search.
103. Search to be made in presence of witnesses.
Occupant of place searched may attend.
104. Power to impound document, etc., produced.
105. Magistrate may direct search in his presence.
PREVENTION OF OFFENCES
OF SECURITY FOR KEEPING THE PEACE AND FOR GOOD
A. —Security for keeping the Peace on Conviction
106. Security for keeping the peace on conviction.
B. —Security for Keeping the peace in other cases and security
for good Behaviour
107. Security for keeping the peace in other cases.
Procedure if Magistrate not empowered to act under sub-section (1),
108. Security for good behaviour from persons disseminating seditious matter.
109. Security for good behaviour from vagrants and suspected persons.
110. –Security for good behaviour from habitual offenders.
111. Proviso as to European vagrants: [Repeated].
112. Order to be made.
113. Procedure in respect of person present in Court.
114. Summons or warrant in case of person not so present.
115. Copy of order under Section 112 to accompany summons or warrant.
116. Power to dispense with personal attendance.
117. Inquiry as to truth of information
118. Order to give security.
119. Discharge of person informed against.
C.—Proceedings in all cases subsequent to order to furnish
120. Commencement of period for which security is required.
121. Contents of bond.
122. Power to reject sureties.
123. Imprisonment in default of security.
Proceedings when to be laid before High Court or Court of Session.
Kind of imprisonment.
124. Power to release persons imprisoned for failing to give security.
125: Power to District Magistrate to conceal any bond for keeping the peace or good
126. Discharge of sureties.
126-A.Security for un-expired period of bond.
[AND MAINTENANCE OF PUBLIC PEACE AND SECURITY]
127. Assembly to disperse or command of Magistrate or police-officer.
128. Use of civil force to disperse.
129. Use of military force.
130. Duty of officer commanding troops required by Magistrate to disperse assembly.
131. Power of commissioned,, military officer to disperse assembly.
131-A.Power to use military force for public security and maintenance of law and order.
132. Protection against prosecution for acts done under this Chapter.
133. Conditional order for removal of nuisance.
134. Service or notification of order.
135. Person to whom order is addressed to obey or show cause or claim Jury.
136. Consequence of his failing to do so:
137. Procedure where he appears to show cause.
138. Procedure when he claims jury.
139. Procedure where jury finds Magistrate's order to be reasonable.
139-A. Procedure where existence of public right is denied.
140. Procedure on order being made absolute.
Consequences of disobedience to order.
141. Procedure on failure to appoint Jury or omission to return verdict.
142. Injunction pending inquiry
143. Magistrate may prohibit repetition or continuance of public nuisance.
TEMPORARY ORDERS IN URGENT CASES OF NUISANCE OR
144. Power to issue order absolute at once tri urgent cases of nuisance or apprehended
DISPUTES AS TO IMMOVABLE PROPERTY
145. Procedure where dispute concerning land. etc. is likely to cause breach of peace.
Inquiry as to possession.
Party in possession to retain possession until legally evicted.
146. Power to attach subject of dispute.
147. Dispute concerning rights .of use of immovable property, etc.
148. Local inquiry.
Order as to costs,
PREVENTIVE ACTION OF THE POLICE
149. Police to prevent cognisable offences.
150. Information of design to commit such offences.
151. Arrest to prevent such offences.
152. Prevention of injury to public property.
153. Inspection of weights and measures.
INFORMATION TO POLICE AND THEIR POWERS TO INVESTIGATE
154. Information in cognisable cases.
155. Information in non-cognisable cases.
Investigation into non-cognisable eases.
156. Investigation into cognizable cases.
157. Procedure where cognizable offence suspected.
Where local investigation dispensed with.
Where police-officer incharge sees no sufficient ground for investigation.
158. Reports under Section 157 how submitted.
159. Power to hold investigation or preliminary inquiry.
160. Police-officer's power to require attendance of witnesses. .
161. Examination of witnesses by potted;
162. Statements to police hot to be signed, use of such statements in evidence.
163. No inducement to be offered.
164. Power to record statements and confessions.
165. Search by police officer.
166. When officer incharge of police station may require another to issue search warrant.
167. Procedure when investigation cannot be completed in twenty-four hours.
168. Report of investigation by subordinate police officer.
169. Release of accused when evidence deficient.
170. Case to be sent to Magistrate when evidence is sufficient.
171. Complainants and witnesses not to be required to accompany police-officer.
Complainants and witnesses not to be subjected to restraint.
Recusant complainant, witness may be forwarded in custody.
172. Diary of proceedings in investigation.
173. Report of police officer.
174. Police to inquire to report in suicide, etc.
175. Power to summon persons.
176. Inquiry by Magistrate into cause of death.
Power to disinter, corpses.
PROCEEDINGS IN PROSECUTIONS
OF THE JURISDISTION OF THE CRIMINAL COURTS OF INQUIRES AND
A-Place of Inquiry or trial
177. Ordinary place of inquiry and trial.
178. Power to order, cases to be tried in different sessions divisions.
179. Accused triable in district where act is done or where consequence ensues.
180. Place of trial where act is offence by reason of relation to other offence.
181. Being a thug or belonging to a gang of dacoits, escape from custody etc.
Criminal misappropriation and criminal breach of trust.
Kidnapping and abduction.
182. Place of inquiry or trial where scene of offence is uncertain or not in one district only
or where offence is continuing or consists of several acts.
183. Offence committed on a journey.
184. Offence against Railway, Telegraph, Post Office & Arms Act.
185. High Court to decide in case of doubt, district where inquiry or trial shall take place.
186. Power to issue summons or warrant for offence committed beyond local jurisdiction.
Magistrate's procedure on arrest.
187. Procedure where warrant issued by subordinate Magistrate.
188. Liability of offences committed
Political Agents to certify fitness of inquiry into charges.
189. Power to direct copies of depositions and exhibits to be received in evidence.
B. -Conditions requisite for initiation of proceedings
190. Cognizance of offence by Magistrates.
191. Transfer on application of accused.
192. Transfer of cases by Magistrate.
193. Cognizance of offences by Courts of Session.
194. Cognizance of offences by High Court.
195. No Court shall take cognizance:
Prosecution for contempt of lawful authority of public servants.
Prosecution for certain offences against public justice.
Prosecution for certain offences relating to documents given in evidence.
196. Prosecution for offences against the State.
196-A. Prosecution for certain classes of criminal conspiracy.
196.-B. Preliminary inquiry in certain cases.
197. Prosecution of Judges and public servants.
Power of president or Governor as to prosecution.
198. Prosecution for breach of contract, defamation and offences against marriage.
198-A. Prosecution for defamation against public servants in respect of their conduct in
the discharge of public functions.
199. Prosecution for adultery or enticing a married woman.
199-A. Objection by lawful guardian to complaint by person other than person aggrieved.
199-B. Form of authorisation under second proviso to Section 198 or 199.
OF COMPLAINTS TO MAGISTRATES
200. Examination of complainant.
201. Procedure by Magistrate not competent to take cognizance of the case.
202. Postponement of issue of process.
203. Dismissal of complaints.
OF THE COMMENCEMENT OF PROCEEDINGS BEFORE COURT
204. Issue of process.
205. Magistrate may dispense with personal attendance of accused.
OF INQUIRY INTO CASES TRIABLE BY THE COURT OF
SESSION OR HIGH COURT
206 to 220. (Omitted)
OF THE CHARGE
Form Of Charges
221. Charge to state offence.
Specific name of offence sufficient description.
How stated where offence has no specific name.
What implied in charge.
Language of charge.
Previous conviction when to be set out.
222. particulars as to time, place and person.
223. When manner of committing offence must be stated.
224. Words in charge taken in sense of law under which offence is punishable.
225. Effect of errors.
227. Court may alter charge.
228. When trial may proceed immediately after alteration.
229. When new trial may be directed or trial suspended.
230. Stay of proceedings if prosecution of offence in altered
charge require previous sanction.
231. Recall of witnesses when charge altered.
232. Effect of material error.
Joinder of charges
233. Separate charges for distinct offences.
234. Three offences of same kind within year may be charged together.
235. Trial for more than one offence.
Offence falling within two definitions.
Acts constituting one offence, but constituting when combined a different offence.
236. When it is doubtful what offence has been committed.
237. When a person is charged with one offence, he can be convicted of another.
238. When offence proved included in offence charged.
239. What persons may be charged jointly.
240. Withdrawal of remaining charges on conviction on one of several charges.
OF THE TRIAL OF CASES BY MAGISTRATES
241. Procedure in trial of cases.
241-A. Supply of statements and documents to the accused.
242. Charge to be framed.
243. Conviction on admission of truth of accusation.
244. Procedure when no such admission is made.
244-A. Statement made under Section 164.
245-A. Procedure in cases of previous convictions.
247. Non-appearance of complainant.
248. Withdrawal of complaint.
249. Power to stop proceeding when no complaint.
249-A. Power of Magistrate to acquit accused at any stage.
Frivolous Accusations in cases tried by Magistrate
250. False, frivolous or vexatious accusations.
250-A. Special summons in case of petty offences.
OF THE TRIAL OF WARRANT CASES BY MAGISTRATES
OF SUMMARY TRIALS
260. Power to try summarily.
261. Power to invest Bench of Magistrates invested with less powers.
262. Procedure prescribed in Chapter XX applicable.
Limit of imprisonment.
263. Record in cases where there is no appeal.
264. Record in appealable cases.
265. Language of record and judgment.
Bench may be authorized to employ clerk.
TRIALS BEFORE HIGH COURTS AND COURTS OF SESSION
265-A. Trials before Court of Session to be conducted by Public Prosecutors.
265-B. Procedure in cases triable by High Courts and Courts of Session.
265-C. Supply of statements and documents to the accused.
265-D. When charge is to be framed.
265-F. Evidence for prosecution.
265-G. Summoning up by prosecutor and defence.
265-H. Acquittal or conviction.
265-1. Procedure in case of previous conviction.
265-J. Statement under Section 164 admissible. .
265-K. Power of Court to acquit accused at any stage.
265-L. Power of Advocate-General to stay prosecution.
265-M. Time of holding sittings.
265-N. Place of holding sittings.
OF THE TRIALS BEFORE HIGH COURT AND COURTS OF SESSION
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
337. Tender of pardon to accomplice.
338. Power to grant tender of pardon.
339. Commitment of person to whom pardon has been tendered.
339-A. Procedure in trial of person under Section 339.
340. Right of person against whom proceedings are instituted to be defended and his
competency to be a witness.
341. Procedure where accused does not understand proceedings.
342. Power to examine the accused.
343. No influence to be used to induce disclosures.
344. Power to postpone or adjourn proceedings.
Reasonable cause for remand.
345. Compounding offence.
346. Procedure of Magistrate in cases which he cannot dispose of.
347. Procedure when after commencement of trial, Magistrate finds case should be tried
by Court of Session or High Court .
348. Trial of persons previously convicted of offences against coinage, stamp-law or
349. Procedure when Magistrate cannot pass sentence sufficiently severe.
350. Conviction or evidence partly recorded by one Presiding Officer and partly by
350-A. Changes in constitution of Benches.
351. Detention of offenders attending Court.
352. Courts to be open.
OF THE MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES
353. Evidence to be taken in presence of accused.
354. Manner of recording evidence,
355. Record in trial of certain cases by First and Second class Magistrates.
356. Record in other cases.
Evidence given in English.
Memorandum when evidence not taken down by the Magistrate or Judge himself.
357. Language or record of evidence.
358. Option to Magistrate in cases under Section 355.
359. Mode of recording evidence under Section 356 or Section 357.
360. Procedure in regard to such evidence when completed.
361. Interpretation of evidence to accused or his pleader.
363. Remarks respecting demeanour of witness.
364. Examination how recorded.
365. Record of evidence in High Court.
OF THE JUDGMENT
366. Mode of delivering judgment.
367. Language of Judgment -Contents of Judgment.
Judgment in alternative.
366. Sentence of death.
369. Court not to alter judgment.
371. Copy of judgment etc., to be given to accused.
Case of person sentenced to death.
372. Judgment when to be translated.
373. Court of Session to send copy of finding and sentence to District Magistrate.
OF THE SUBMISSION OF SENTENCES FOR CONFIRMATION
374. Sentence of death to be submitted by Court of Session.
375. Power to direct further inquiry to be made or additional evidence to be taken.
376. Power to High Court to confirm sentence or annual conviction.
377. Confirmation of new sentence to be signed by two Judges.
378. Procedure in case of difference of opinion.
379. Procedure in cases submitted to High Court for confirmation.
380. Procedure in cases submitted by Magistrate not empowered to act under Section
381. Execution of order passed under Section 376.
382. Postponement of capital sentence on pregnant woman.
382-A. Postponement of execution of sentences of imprisonment under Section 476 or for
a period of less than one year.
382-B. Period of detention to be considered while awarding sentence of imprisonment.
382-C. Scandalous or false and frivolous pleas to be considered in passing sentence.
383. Execution of sentences of transportation or imprisonment in other cases.
384. Direction of warrant for execution.
385. Warrant with whom to be lodged.
386. Warrant for levy of fine.
387. Effect of such warrant.
388. Suspension of execution of sentence of imprisonment.
389. Who may issue warrant.
390. Execution of sentence of whipping only.
391. Execution of sentence of whipping, in addition to imprisonment.
392. Mode of inflicting punishment.
Limit of number of stripes.
393. Not to be executed by instalments--Exemptions.
394. Whipping not to be inflicted if offender not in fit state of health.
Stay of execution.
395. Procedure if punishment cannot be inflicted under Section 394.
396. Execution of sentence on escaped convicts.
397. Sentence of offender already sentenced for another offence.
398. Saving as to Sections 396 and 397.
399. Confinement of youthful offenders in reformatories.
400. Return of warrant on execution of sentence.
OF SUSPENSIONS, REMISSIONS AND COMMUTATIONS OF
401. Power to suspend or remit sentences.
402. Power to commute punishment.
402-A. Sentence of death.
402-B. Certain restrictions on the exercise of powers by Provincial Government.
402-C. Remission or commutation of certain sentences not to be without consent.
OF PREVIOUS ACQUITTALS OR CONVICTIONS
403. Person once convicted or acquitted not to be tried for same offence.
OF APPEAL, REFERENCE AND REVISION
404. Unless otherwise provided, no appeal to tie.
405. Appeal from order rejecting application for restoration of attached property.
406. Appeal from order requiring security for keeping the peace or for good behaviour.
400-A. Appeal from order refusing to accept or rejecting a surety.
408. Appeal from sentence of Assistant Sessions Judge or Judicial Magistrate.
409. Appeals to Court of Session how heard.
410. Appeal from sentence of Court of Session.
411 -A. Appeal from sentence of High Court.
412. No appeal in certain cases when accused pleads guilty.
413. No appeal in petty cases.
414. No appeal from certain summary convictions.
415. Proviso to Sections 413 and 414.
415-A. Special right of appeal in certain cases.
417. Appeal in case of acquittal.
418. Appeal on what matters admissible.
419. Petition of appeal.
420. Procedure when appellant in jail.
421. Summary dismissal of appeal.
422. Notice of appeal
423. Powers of Appellate Court in disposing of appeal.
424. Judgments of subordinate Appellate Courts.
425. Order by High Court on appeal to be certified to lower Court.
426. Suspension of sentence pending appeals--Release of appellant on bail.
427. Arrest of accused in appeal from acquittal.
428. Appellate Court may take further evidence or direct it to be taken.
429. Procedure where Judges of Court of Appeal are equally divided.
430. Finality of orders on appeal.
431. Abatement of appeals.
OF REFERENCE AND REVISION
435. Power to call for records of Inferior Courts.
436. Power to order further inquiry.
439. High Court's powers of revision.
440. Option with Court to hear parties.
442. High Courts order to be certified to lower Court or Magistrate.
464. Procedure in case of accused being lunatic.
465. Procedure in case of person sent for trial before Court of Session or High Court being
466. Release of lunatic pending investigation or trial.
Custody of lunatic.
467. Resumption of inquiry or trial.
466. Procedure on accused appearing before Magistrate or Court.
469. When accused appears to have been insane.
470. Judgment of acquittal on ground of lunacy.
471. Person acquitted on such ground to be detained in safe custody.
Power of Provincial Government to relieve Inspector- General of certain functions.
473. Procedure where lunatic prisoner is reported capable of making his defence.
474. Procedure where lunatic detained under Section 466 or 471 is declared fit to be
475. Delivery of lunatic to care of relative or friend.
PROCEEDINGS IN CASE OF CERTAIN OFFENCES AFFECTING THE
ADMINISTRATION OF JUSTICE
476. Procedure in cases mentioned in Section 195.
476-A. Forwarding of cases for trial by Courts having jurisdiction.
480. Procedure in certain cases of contempt.
481. Record in such cases.
482. Procedure where Court considers that case should not be dealt with under Sec. 480.
483. When Registrar or Sub-Registrar to be deemed a Civil Court within Sections 480 and
484. Discharge of offender on-submission of apology.
485. Imprisonment or committal of person refusing to answer or produce document.
486. Appeals from convictions in contempt cases.
487. Certain Judges- and Magistrates not to try offences referred to in Section 195 when
committed before them.
OF THE MAINTENANCE OF WIVES AND & CHILDREN
DIRECTIONS OF THE NATURE OF A HABEAS CORPUS
491. Power to issue directions of the nature of a habeas corpus.
OF THE PUBLIC PROSECUTOR
492. Power to appoint Public Prosecutors.
493. Public Prosecutor may plead in all Courts in cases under his charge--Pleaders
privately instructed to be under his direction.
494. Effect of withdrawal from prosecution.
495. Permission to conduct prosecution.
496. In what cases bail to be taken.
497. When bail may be taken in ease of non-boilable offence.
498. Power to direct admission to bail or reduction of bail.
498-A. No bail to be granted to a person not in custody, in Court or against whom no case
is registered, etc.
499. Bond of accused and sureties.
500. Discharge from custody.
501. Power to order sufficient bail when that first taken is insufficient.
502. Discharge of sureties.
OF COMMISSIONS FOR THE EXAMINATION OF WITMESSES
503. When attendance of witness may be dispensed with.
505. Parties may examine witnesses.
506. Power of Magistrate to apply for issue of commission.
507. Return of Commission.
508. Adjournment of inquiry or trial.
508-A. Application of this Chapter to commissions issued in Burma.
SPECIAL RULES OF EVIDENCE
509. Deposition of medical witness.
Power to summon medical witness.
510. Report of Chemical Examiner Serologist.
511. Previous conviction or acquittal how proved.
512. Record of evidence in absence of accused.
Record of evidence when offender unknown.
PROVISIONS AS TO BONDS
513. Deposit instead of recognizance.
514. Procedure on forfeiture of bond.
514-A. Procedure in case of insolvency or death of surety or when a bond is forfeited.
514-B. Bond required from a minor.
515. Appeal from, and revision of, orders under Section 514.
516. Power to direct levy of amount due on certain recognizance.
OF THE DISPOSAL OF PROPERTY
516-A. Order for custody and disposal of property pending trial in certain cases.
517. Order for disposal of property regarding which offence committed.
518. Order may take form of reference to District or Sub-Divisional Magistrate.
519. Payment to innocent purchaser of money found on accused.
520. Stay of order under Sections 517,518 or 519.
521. Destruction of libellous and other matter.
522. Power to restore possession of immovable property.
522-A. Power to restore possession of movable property.
523. Procedure by police upon seizure of property taken under Section 51 or stolen.
Procedure where owner of property seized unknown.
524. Procedure where no claimant appears within six months.
525. Power to sell perishable property.
OF THE TRANSFER OF CRIMINAL CASES
526. High Court may transfer case or itself try it.
Notice to Public Prosecutor of application under this section.
Adjournment on application under this section.
527. Power of Provincial Government to transfer cases and appeals.
528. Sessions Judge may withdraw cases from Assistant Sessions Judge.
528-A. Powers of District Magistrate for transfer of cases, etc.
SUPPLEMENTARY PROVISIONS RELATING TO EUROPEAN AND
PAKISTANI BRITISH SUBJECTS AND OTHERS
OF IRREGULAR PROCEEDINGS
529. Irregularities which do not vitiate proceedings.
530. Irregularities, which vitiate proceedings.
531. Proceedings in wrong place.
533. Non-compliance with provisions of Section 164 or 364.
535. Effect of omission to prepare charge.
537. Finding or sentence when reversible by reason of error or Omission in charge or
538- Attachment not illegal, person making same not trespasser for defect or want of form
539. Court and persons before whom affidavits may be sworn.
539-A. Affidavit in proof of conduct of public servant.
539-B. Local inspection.
540. Power to summon material witness or examine person present.
540-A. Provision for inquiries and trial being held in the absence of accused in certain
541. Power to appoint place of imprisonment.
Removal to criminal jail of accused or convicted
Persons who are in confinement in civil jail and their return to the civil Jail.
542. Power of Presidency Magistrate to order prisoner in Jail to be brought up for
543. Interpreter to be bound to interpret truthfully.
544. Expenses of complainants and witnesses.
544-A. Compensation of the heirs to the persons killed, etc.
545. Power of court to pay expenses of compensation out of fine.
546. Payments to be taken into account in subsequent suit.
546-A. Order of payment of certain fees paid by complainant in non-cognizable cases.
547. Moneys ordered to be paid recoverable as fines.
548. Copies of proceedings.
549. Delivery to military authorities of persons liable to be tried by Court-martial.
Apprehension of such persons;
550. Powers of police to seize property suspected to be stolen.
551. Powers of superior officers of police.
552. Powers to compel restoration of abducted females.
554. Power of High Courts of make rules for inspection of records of subordinate Courts.
Powers of High Courts to make rules for other purposes.
556. Case in which Judge or Magistrate is personally interested.
557. Practising pleader not to sit as Magistrate in certain Courts.
558. Powers to decide language of Court.
559. Provision for powers of Judges and Magistrates being exercised by their successors
560. Officers concerned in sales not to purchase or bid for property.
561 -A. Saving of inherent power of High Court.
Previously convicted offenders
565. Order for notifying address of previously convicted offender.
SCHEDULE II.-Tabular Statement of Offences.
SCHEDULE III.- Ordinary Powers of Provincial Magistrates.
SCHEDULE IV. Additional Powers with which Magistrates may be invested.
MUHAMMAD IMRAN BAKHT ADVOCATE
The Following 2 Users Say Thank You to imran bakht For This Useful Post:
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there is a gap of 30 years in PPC and CRPC
there is a gap of 30 years in PPC and CrPC what laws were there in that 30 year period can you please help?
Thursday, November 07, 2013
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powers of Justice of Peace
22-A. Powers of justice of the Peace.
(1). A justice of the Peace for any local area shall for the purpose of making an arrest, have within such area all the powers of a police officer referred to in section 54 and an Officer in-charge of a Police station referred to in section 55.
(2). A Justice of Peace making an arrest in exercise of any powers under sub section (1) shall, forthwith, take or cause to be taken the person arrested before the officer in-charge of the nearest police station and furnish such officer with a report as to the circumstances of the arrest and such officer shall thereupon re-arrest the person....
(3). A Justice of the Peace for any local area shall have powers, within such area, to call upon any member of the police force on duty to aid him:
(a) in taking or preventing the escape of any person who has participated in the commission of any cognizable offence or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having so participated;and
(b) in the prevention of crime in general and, in particular, in the prevention of a breach of the peace or a disturbance of the public tranquility.
(4). Where a member of the police force on duty has been called upon to render aid under sub-section (3), such call shall be deemed to have been made by a competent authority.
(5). A Justice of the Peace for any local area may, in accordance with such rules as may be made by the provincial government:
(a) issue a certificate as to identity of any person residing within such area, or
(b) verify any document brought before him by any such person, or
(c) attest any such document required by or under any law for the time being in force to be attested by Magistrate, and until the contrary is proved, any certificate so issued shall be presumed to be correct and any document so verified shall be deemed to be duly verified, and any document so attested shall be deemed to have been as fully attested as if he had been a Magistrate.
(6) An ex-officio Justice of the Peace may issue appropriate directions to the police authorities concerned on a complaint regarding:
(i) Non-registration of criminal case,
(ii) transfer of investigation from one police officer to another, and
(iii) neglect, failure or excess committed by a police authority in relation to its functions and duties.