Objective series law

imran bakht · #1 Sunday, February 20, 2011

Hello Friends,

I am now starting objective series for general Law subject and i wish you people correct any mistake, I hope it will be helpful for those who opted law and i am starting this thread on the request of our member Dua e khair.

imran bakht · #2 Sunday, February 20, 2011

1. Pakistan Penal Code, defines the offences and provide for their punishments.

2. Criminal Procedure code, gives us the procedure for hearing, and punishing or acquitting an accused,as the case may be.

3. Criminal procedure code, is a procedural and substantive law.

4. FIR stands for first information report.

5. Cognizable cases means, cases in which the police officer, incharge of a police station, shall investigate without the order of the Magistrate.

6. Non Cognizable cases means, cases in which the police officer, incharge of a police station can't investigate without the order of the Magistrate.

7. A cognizable offence means an offence in which a police officer may in accordance with the second schedule of the crpc, or under any special law for the time being enforce, arrest the person accused of such offence without warrant.

8. Non-cognizable offence means an offence in which the police officer may not arrest a person without warrant.

9. FIR is not substantive evidence and can be used only for limited purposes like corroborating or contradicting the maker thereof.

10. The object of FIR is to obtain the earliest information of the alleged criminal activity, before there is time for them to be forgotten or embellished, and the report can be put in evidence when the informant is examined.

imran bakht · #3 Sunday, February 20, 2011

11. Examination-in-chief is the examination of a witness by the party who calls him.

12. Cross-examination is the examination of a witness by the adverse party.

13. The opinion of expert is not binding upon the Judge.

14. An accused person has been described as Child of Law.

15. Trial is a judicial proceeding which ends in conviction/acquittal.

16. The examination of a witness after his cross examination is called Re-examination.

17. The form of FIR contain 7 columns.

18. A Police officer is bound to bring a person arrested by him before the court within 24 hours.

19. Charge means the precise formulation of specific accusation made against a person, it shall give the accused full notice of offence charged against him.

20. offence has been defined in CRPC as any act or omission made punishable by any law for the time being enforce,.

imran bakht · #4 Tuesday, February 22, 2011

21. Expert means a person who is skilled by special study or experience and has adequate knowledge knowledge of the subject.

22. Evidence of third person is evidence, and demands of law are that any person has to depose to facts within his own knowledge.

23. Whether the death of "A" was caused by poison , the opinion of expert as to the symptoms produced by the poison by which "A" is supposed to have died, are relevant.

24. It is the duty of court to decide whether the skills of any person in the matter on which evidence of his opinion is required is sufficient to entitle him to be considered as an Expert Opinion.

25. Confession is an admission made at any time during the course of investigation by a person charged with an offence.

26. Confession suggests an inference that the person (who made confession) has committed the offence.

27. A declaration is not a Confession if it is not made with an animus-confitendi, that is with an intention to confess, or if it does not amount to an admission of facts from which guilt is directly deducible.

28. A confession may be recorded by a magistrate of first or second class, specially empowered in this behalf by the provincial government.

29. Confessions are of two types, Exculpatory and Inculpatory.

30. Exculpatory confession is one in which the accused excludes himself and merely proves his innocence.

31. In Inculpatory confessions, accused includes himself in the commission of offence.

32. Both ,Inculpatory and Exculpatory confessions can be seen when the offence has been committed by more than one accused.

imran bakht · #5 Tuesday, February 22, 2011

33. Confession can be recorded in the course of investigation or inquiry or at anytime afterwards, before the commencement of trial.

34. Before recording a confession, the magistrate explains to the person that he is not bound to make it, and if he makes it, it can be used in evidence against him.

35. The magistrate should not record the confession unless upon questioning the person making it, he has reason to believe that it is voluntarily made.

36. There are two kinds of Confessions, Judicial confession and Extra-Judicial confession.

37. Confession shall be recorded in the form of questions and answers, put to a person who make it.

38. confession must be in the language in which he is examined, or if it is not practicable, then in the language of court or english.

39. After making confession, the record of that must be shown or read over to the person making the confession and if necessary it shall be interpreted to him in the language, which he understands.

40. When confession is made confrontable, then the statement shall be signed by the accused and by the magistrate.

41. The Magistrate shall make a memorandum at the foot of such record of confession to the effect as provided in section 164 of criminal procedure code.

42. Judicial confessions are those which are made before a Magistrate in the due course of legal proceedings.

43. Extra-Judicial confessions are those which are neither made to a Magistrate nor in the due course of legal proceedings,