|
Criminal procedure code---- notes
++++++ CRIMINAL PROCEDURE CODE ++++++++
=============================================== =============================================== DEFINITION , OBJECT AND PURPOSE OF CRIMINAL PROCWDURE CODE, 1898. ====================================================================== In criminal laws pakistan penal code , defines the offences and provides their punishments, while criminal procedure code, laid down the procedure for hearing, and punishing or acquitting an accused, as the case may be. The main object of criminal procedure code is thus to supplement the pakistan penal code, by rules of procedure with a view to prevent offences and bring offender to justice. The object of the code is clear from its preamble, the code intended to consolidate and ammend the laws relating to the criminal procedure. The purpose of criminal procedure code is to provide machinery for the punishment of offenders against the substantive criminal law embodied in pakistan penal code. It can be concluded that criminal procedure code is a procedural law and substantive law, describes the formation of criminal courts, its procedure as well as classification and powers of criminal courts. ===================================================================================================== +++++++++++++++ STRUCTURE OF COURTS IN PAKISTAN +++++++++++++++++++++++++ ============================================================================= ============================================================================= Supreme Court Of Pakistan... ========================= The Supreme Court (Urdu: عدالت عظمي?) is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. The Supreme Court has a permanent seat in Islamabad. It has number of Branch Registries where cases are heard. It has a number of de jure powers which are outlined in the Constitution. Through several periods of military rule and constitutional suspensions, the court has also established itself as a de facto check on military power. Supreme court of Pakistan is a highest court in the country with 17 permanent judges with a court in federal capital Islamabad and registery offices in each provincial capital Lahore, Peshawer, Quetta and Karachi. Supreme Judicial Council is a supervisory board that hears the complaints against any Judge of Supreme Court. Supreme Court of Pakistan is also a Constitutional and appellate court as well. Supreme Court has a vast powers over any judicial matter and also has a suo moto power on any issue relating to Human Rights in the country. It is also last appeal court in the country. Federal Shariat Court of Pakistan... ============================== The Federal Shariat Court of Pakistan was established by presidential order in 1980 with the intent to scrutinised all laws in the country that are against Islamic values. This court has a remit to examine any law that may be repugnant to the "injunctions of Islam, as laid down in the Holy Quran and the Sunnah." If a law is found to be 'repugnant', the Court is to provide notice to the level of government concerned specifying the reasons for its decision. The court also has jurisdiction to examine any decisions of any criminal court relating to the application of Islamic (hudud) penalties. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of the Federal Shariat Court. The Federal Shariat Court of Pakistan consists of 8 muslim judges including the Chief Justice. These Judges are appointed by the President of Pakistan, after decision is made by the Judicial Committee consisting the Chief Justice of Pakistan (Federal Shariat Court) and the Chief Justice of Pakistan . They choose from amongst the serving or retired judges of the Supreme Court or a High Court or from amongst persons possessing the qualifications of judges of a High Court. Of the 8 judges, 3 are required to be Islamic Scolars/Ulema who are well versed in Islamic law. The judges hold office for a period of 3 years, which may eventually be extended by the President. The FSC, on its own motion or through petition by a citizen or a government (federal or provincial), has the power to examine and determine as to whether or not a certain provision of law is repugnant to the injunctions of Islam. Appeal against its decisions lie to the Shariat Appellate Bench of the Supreme Court, consisting of 3 muslim judges of the Supreme Court and 2 Ulema, appointed by the President. If a certain provision of law is declared to be repugnant to the injunctions of Islam, the government is required to take necessary steps to amend the law so as to bring it in conformity with the injunctions of Islam. The court also exercises revisional jurisdiction over the criminal courts, deciding Hudood cases. The decisions of the court are binding on the High Courts as well as subordinate judiciary. The court appoints its own staff and frames its own rules of procedure. High Court... ==================================== Lahore High Court,Lahore Sindh High Court,Karachi Peshawar High Court,Peshawar Balochistan High Court,Quetta Islamabad High Court,Islamabad There is one High Court in each Province and one in federal capital Islamabad.High Court in Punjab is called Lahore High Court,in the province of Sindh is called Sindh High Court,in Khyber pakhtankhwa is called Peshawar High Court and in Baluchistan it is called Balochistan High Court.High court is appellate court of all civil and criminal cases in the respective province. The Constitution of Pakistan, 1956, Article 170, its text runs as: "Notwithstanding anything contained in Article 22, each High Court shall have power throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases any Government directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, for the enforcement of any of the rights conferred by Part II and for any other purpose.” District & Sessions Court... ====================================== District courts exist in every district of each province, with civil and criminal jurisdiction.In each District Headquarters, there are numerous Additional District & Session Judges who usually preside the courts.District & sessions Judge has executive and judicial power all over the district under his jurisdiction. Session court is also a trial court for heinous offences such as Murder, Rape (Zina), Haraba offences (armed robbery where specific amount of gold and cash is involved, it is also appelatte court for summary conviction offences and civil suits of lesser value. Each Town and city now has a court of Additional District & Sessions judge, which possess the equal authority over, under its jurisdiction. When it is hearing criminal cases it is called sessions court and when it is hearing civil cases it becomes District court. Executive matters are brought before the relevant District & Sessions Judge. Civil Judge Cum Judicial Magistrate Courts... ========================================= In every town and city,there are numerous civil and judicial magistrate courts.Magistrate with power of section 30 of Cr.P.C can hear all matter and offences of criminal nature, where there is no death penalty (such as attempted murder,dacoity,robbery,extortion)under his jurisdiction but he can pass sentence only up to seven years or less.If the court thinks accused deserves more punishment than seven years then it has to refer the matter to some higher court with its recommendations.Every magistrate court is allocated a jurisdiction that is usually one or more Police Stations in the area.Trial of all non bailable offences including police remand notices,accused dischages,arrest and search warrants,bail applications are heard and decided by Magistrate Courts.Most of judicial Magistrates have powers over civil suits as well, they are uasally called Civil Judge Cum Judicial Magistrates. Special Tribunals and Boards... ===================================== There are numerous special tribunals such as; Banking Courts Services Tribunals Income Tax Tribunals Anti Corruption Courts Anti Narcotics Courts Anti terrorist Courts Labour Relations Court Board of Revenue. Special Magistrate courts Consumer Courts All most all judges of above courts and tribunals, are of District & sessions Judges or of have same qualifications. Family Courts... ================================ The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. These courts have exclusive jurisdiction over matters relating to personal status. Appeals from the Family Courts lie with the High Court only.Every town and city has court of family judge.In some areas, where it is only Family Court but in most areas Civil Judge Courts have been granted the powers of Family Court Judges. Juvenile Courts.. ============================ Judicial Magistrates have also been empowered to hear the cases under Juvenile Act. Appointments of Judges... ============================== Supreme Court of Pakistan... ============================== Prior to 18th Constitutional Amendments,appointments in Supreme Court of Pakistan were made on the recommendations of the Chief Justice of Apex court by President of Pakistan.Many times appointments were mede on favouritism.Many of judges who were appointed, were relatives of Judges or Government officials but after the Supreme Court's bold judgement in Al-Jehad Trust case,government role in appointment was further decreased.By this judgement,Government and President office became post office and were bound to act on recommendations of the Chief Justice of Pakistan. After the 18th Constitutional Amendments in May 2010,a new Judicial Commission and Parliamentary committee are recommended.Judicial Commission will consist of Chief Justice of Pakistan,two senior judges of Supreme Court,Attorney General of Pakistan and Federal Law Minister of Pakistan.Parliamentary Committee will oversee the recommendations of the Judicial Commission. High Courtts... =========================== Prior to 18th Constitutional Amendments,appointments in High Courts of provinces of Pakistan were made on the recommendations of the Chief Justice of the respective High Court by President of Pakistan.Many times appointments were mede on favouritism.Many of judges who were appointed, were relatives of Judges or Government officials but after the Supreme Court's bold judgement in Al-Jehad Trust case,government role in appointment was further decreased.By this judgement,Government and President office became post office and were bound to act on recommendations of the Chief Justice of the High Courts. After the 18th Constitutional Amendments in May 2010,a new Provincial Judicial Commission and Parliamentary committee are recommended.Judicial Commissions will consist of Chief Justices of High Courts,two senior judges of High Court,Advocates General of Provinces and Provincial Law Ministers.Provincial Parliamentary Committee will oversee the recommendations of the Judicial Commissions. District & Sessions Judges... =========================== Additional District & Sessions Judges are appointed by the Provincial High Courts from Lawyers and sub ordinate judiciary.Lawyers are required to pass examination conducted by High Courts while sub ordinate judges are promoted on seniority basis from senior civil judges.For lawyer an experience of ten year as an advocate with good standing in respective jurisdiction is required. Civil Judge Cum Judicial Magistrate... =============================== Civil Judge Cum Judicial Magistrate are also appointed by Provincial High Courts on recommendations of provincial Public Service commissions.Provincial Public Services Commissions hold open competitive exams after giving advertisements about new recruitments in National Newspapers.Basic qualification is LL.B from recognised university and three years experience as an advocate in respective jurisdiction.In competitive exams,different compulsory papers such as (for exampl in Punjab Public Service Commission) English Language & Essay,Urdu Language & Essay,Islamic Studies,Pakistan Studies,General Knowledge( objective test),Criminal Law,Civil Law 1 & 2,General Law papers are tested.A psychological test of all he passed candidates is conduted and after a strict interview by members of Service Commissions,recommendations are forwarded to respective High Courts for appointments. |
LAW ENFORCEMENT IN PAKISTAN...
================================================= Law enforcement in Pakistan (Urdu: پوليس)is carried out by several federal and provincial police agencies. The four provinces and the Islamabad Capital Territory each have a civilian police force with juridiction extending only to the relevant province or territory. At the federal level, there are a number of civilian agencies with nationwide jurisdictions including the Federal Investigation Agency and the National Highways and Motorway Police, as well as several paramilitary forces including the Pakistan Rangers and the Frontier Corps. The most senior officers of all the civilian police forces also form part of the Police Service of Pakistan, which is a component of the civil service of Pakistan. Agencies... ========================= Federal... ====================== Airport Security Force, Prompts safety of Civil Aviation through development of legal framework, practices, procedures, technical and human resources to prevent/respond to acts of unlawful interference within airport premises. Anti-Narcotics Force Federal Investigation Agency Frontier Constabulary Frontier Corps, a paramilitary force operating along the western borders of Pakistan National Highways and Motorway Police, covering all major roads across Pakistan National Police Academy, a training centre for the senior officers of civilian police agencies Civilian police ranks Rank Abbreviation Civil service grade ==================================== Senior ranks =================================== Inspector General IGP BS 22 Additional Inspector General Addl. IG BS 21 Deputy Inspector General DIG BS 20 Senior Superintendent of Police / Assistant Inspector General SSP / AIG BS 19 Superintendent of Police SP BS 18 Assistant Superintendent of Police / Deputy Superintendent of Police ASP / DSP BS 17 Junior ranks ================================ Station House Officer / Police Inspector SHO BS 16 Sub-Inspector SI BS 14 Assistant Sub-Inspector ASI BS 09 Head Constable BS 07 Constable BS 05 ===================================================================================================== REMAND ===================== Remand means the act or an instance of sending something (case) or an accused back for further action. KINDS OF REMAND ---------------------------------- There are two kinds of remand namely: (1). Police remand (2). Judicial remand According to section 61 of crpc , the investigating police shall keep the accused in police station for only 24 hours of his time of arrest, and thereafter, if the investigation of the case is not completed, the investigation officer apply to the illaqa magistrate for the physical remand of the accused. Section 344 CRPC contemplates remand of the accused in the judicial lock up after initiation of the proceedings in the court. Section 167 of crpc provides that in certain cases detentionj in the police custody of the arrested person may be permitted so that the police may completeinvestigation and decide whether to proceed under section 169 or 170 of crpc. However, before a magistrate can make an order of remand, the accused person must have been arrested by the police for the purpose of offence which is investigated and forwarded to the magistrate. Illaqa Magistrate is competent to grant physical remand of the accused. But order for grant of physical remand of the accused must be passed with all seriousness keeping in view the relevant law and instruction about grant of remand to police incorporated in chapter 25 of police rules of 1934. The only ground for granting remand by the magistrate is to see the nature of accusation nd grounds to believe that the same is well-founded against the accused. While granting a remand the magistrate must have before him " a copy of the entries in the diary". |
FRONTIER CRIMES REGULATION...
===================================== The Frontier Crimes Regulation (FCR) comprises a set of laws enforced by the British Raj in the Pashtun-inhabited tribal areas at the Northwest British India. They were specially devised to counter the fierce opposition of the Pashtuns to British rule, and their main objective was to protect the interests of the British Empire. The FCR dates back to the occupation of the six Pashtun-inhabited frontier districts by the British in 1848. The regulation was re-enacted in 1873 and again in 1876, with minor modifications. With the passage of time, the regulation was found to be inadequate and new acts and offences were added to it to extend its scope. This was done through promulgation of the Frontier Crimes Regulation 1901. The FCR advocates collective punishment, and many human rights activists argue it is against the most basic Human rights. According to the FCR despite the presence of popularly elected tribal representatives, parliament can play no role in the affairs of the area. Article 247 of the Pakistani Constitution provides that no Act of Parliament applies to FATA, unless the president so desires. Only the president is authorized to amend laws and promulgate ordinances for the tribal areas. Some of the provisions described as discriminatory are substantive as well as procedural - e.g. selection of jirga members (section 2), trial procedure in civil/criminal matters (sections 8 & 11), demolition of and restriction of construction of hamlet, village or tower in the North-West Frontier Province (section 31), method of arrest/ detention (section 38 & 39) security for good behaviour (sections 40, 42), imposition/collection of fine (sections 22-27). The act has been condemned by senior judges including noted Pakistani Supreme court judge Justice A.R Cornelius as "obnoxious to all recognised modern principles governing the dispensation of justice" in the case of Sumunder vs State (PLD 1954 FC 228).) Proposed repeal.. ========================= After taking vote of confidence unanimously on 29 March 2008, Pakistan new Prime Minister Makhdoom Yousef Raza Gilani expressed his government's desire to repeal the FCR. Following this announcement there have been large number of processions in favor of this decision and the Prime Minister all over FATA. ==================================================================================================================================== JIRGAH... ============================== A jirga (occasionally jirgah) (Pashto: جرګه) is a tribal assembly of elders which takes decisions by consensus, particularly among the Pashtun people but also in other ethnic groups near them; they are most common in Afghanistan and among the Pashtuns in Pakistan near its border with Afghanistan. In recent times, the tradition has also been adopted by Muslims in Kashmir valley, It is similar to that of a town meeting in the United States or a regional assembly in England, where important regional matters are addressed among the people of the area. Functioning... =============================== The community council meeting is often found in circumstances involving a dispute between two individuals; a jirga may be part of the dispute resolution mechanism in such cases. The disputants would usually begin by finding a mediator, choosing someone of stature such as a senior religious leader, a local notable, or one of the mediation specialists (known as khans or maliks). The mediator hears from the two sides, and then forms a jirga of community elders, taking care to include supporters of both sides. The jirga then considers the case, and after discussing the matter comes to a decision about how to handle the matter, which the mediator then announces. The jirga's conclusion in the matter has to be accepted. The jirga was also used as a court in cases of criminal conduct, but this usage is being replaced by formal courts in some settled areas of Pakistan and Afghanistan, elsewhere it is still used as courts in tribal regions. The jirga holds the prestige of a court in the tribal areas of Pakistan. Although a Political Agent, appointed by the national government, maintains law and order through Frontier Crimes Regulation (FCR), the actual power lies in the jirga. The political agent maintains law and order in his tribal region with the help of jirgas. The jirga can award capital punishment, stoning to death in case of adultery, or expulsion from the community. The Sindh High Court imposed a ban on the holding of jirgas in April 2004 because of the sometimes inhumane sentences awarded to people, especially the women and men who spread HIV to protect the society. But the ban has been blatantly ignored and nothing has been done about it so far. In the recent military operation against al Qaeda and Taliban in Pakistan's restive southern tribal agencies bordering Afghanistan, jirgas played a key role of moderator between the government and the militants. ========================================================================================================================================== Ombudsman ============================= An ombudsman (conventional English plural: ombudsmen) is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing the broad scope of constituent interests. An indigenous Danish, Norwegian, and Swedish term, Ombudsmann is etymologically rooted in the Old Norse word umbuðsmann, essentially meaning "representative". An ombudsman is an official, usually appointed by the government or by parliament, who is charged with representing the interests of the public by investigating and addressing complaints reported by individual citizens. Usually appointed by the organization, but sometimes elected by the constituency, the ombudsman may, for example, investigate constituent complaints relating to the organization and attempt to resolve them, usually through recommendations (binding or not) or mediation. Ombudsmen sometimes identify organizational roadblocks running counter to constituent interests. In some jurisdictions an ombudsman charged with the handling of concerns about national government is more formally referred to as the "Parliamentary Commissioner" (e.g., the United Kingdom Parliamentary Commissioner for Administration, and the Western Australian state Ombudsman). In many countries where the ombudsman's remit extends beyond dealing with alleged maladministration to promoting and protecting human rights, the ombudsman is recognized as the national human rights institution. The word ombudsman and its specific meaning have been adopted in various languages, including Spanish, Dutch and Czech. The post of ombudsman has been instituted by other governments and organizations such as the European Union. An ombudsman may not be appointed by a legislature, but may instead be appointed by, or even work for, a corporation such as a utility supplier or a newspaper, for an NGO, for a professional regulatory body, or for local or municipal government. In some countries an Inspector General may have duties similar to or overlapping with an ombudsman appointed by the legislature. Making a complaint to an ombudsman is usually free of charge. Ombudsman in politics In general, an ombudsman is a state official appointed to provide a check on government activity in the interests of the citizen, and to oversee the investigation of complaints of improper government activity against the citizen. If the ombudsman finds a complaint to be substantiated, the problem may get rectified, or an ombudsman report is published making recommendations for change. Further redress depends on the laws of the country concerned, but this normally involves financial compensation. Ombudsmen in most countries do not have the power to initiate legal proceedings or prosecution on the grounds of a complaint. The major advantage of an ombudsman is that he or she examines complaints from outside the offending state institution, thus avoiding the conflicts of interest inherent in self-policing. However, the ombudsman system relies heavily on the selection of an appropriate individual for the office, and on the cooperation of at least some effective official from within the apparatus of the state. Perhaps for this reason, outside Scandinavia, the introduction of ombudsmen has tended to yield mixed results. Organizational ombudsman ================================== Many private companies, universities, non-profit organizations and government agencies also have an ombudsman (or an ombuds office) to serve internal employees, and managers and/or other constituencies. These ombudsman roles are structured to function independently, by reporting to the CEO or board of directors, and according to International Ombudsman Association (IOA) Standards of Practice do not serve any other role in the organization. They are beginning to appear around the world within organizations, sometimes as an alternative to anonymous hot-lines in countries where these are considered inappropriate or are illegal, and in addition to hot lines because ombuds offices typically receive many more calls than do hot lines. An organizational ombudsman who is practising to IOA "standards of practice" is neutral and visibly outside ordinary line and staff structures. An organizational ombudsman will practice informally (with no management decision-making power, and without accepting "notice" for the organization). An organizational ombudsman typically keeps no case records for an employer and keeps near absolute confidentiality. The only exception is where there appears to be an imminent risk of serious harm, and an ombudsman can see no responsible option other than breaking confidence—but organizational ombuds programs report that they can almost always find "other responsible options", such as helping a visitor to make an anonymous report about whatever appears to be the problem. Pakistan... ------------------------ ======================= In Pakistan, the establishment of the institution of Ombudsman was advocated on several occasions. It was, however, Article 276 of the Interim Constitution of 1972, which for the first time provided for the appointment of a Federal Ombudsman as well as Provincial Ombudsmen. Subsequently, the Constitution of 1973 included the Federal Ombudsman at item 13 of the Federal Legislative List in the Fourth Schedule. The Institution of Ombudsman was, however, actually brought into being through the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (President’s Order No. 1 of 1983), which is now a part of the Constitution of the Islamic Republic of Pakistan by virtue of Article 270-A. It started functioning on 8 August 1983. The Ombudsman in Pakistan is called "Wafaqi Mohtasib", (English: "Federal Ombudsman") with its headquarters in Islamabad and Regional Offices in Lahore, Sukkur, Quetta, Faisalabad, Multan, Dera Ismail Khan, Peshawar and Karachi. The official website of Ombudsman in Pakistan is [url]http://www.mohtasib.gov.pk[/url]. |
CHARGE:
============================== ============================== Chapter (19) of the Code of Criminal Procedure provides forms of Charge and gives sufficient details about Charge. Charge Definition: ========================== According to section (4), A Charge is the precise formulation of the specific accusation made against a person; it shall give the accused full notice of the offence Charged against him. Charge means inculpation of a person for an alleged offence. Charge includes any head of Charge, when the Charge contains more heads then one. It is drawn up in the form of a statement and contains the description and details of the offence alleged as to have been committed by the accused. Object of Charge or why a Charge is required to be framed: =================================================== Charge enables the accused to know the Part'icular accusations made against him in-order to meet and to be ready for them before the evidence is given. Unless the accused has the accurate and precise knowledge of the Charge levelled against him, he will not be able to meet his defence. Particulars of a Charge: =========================================== According to sections (221), (222) and (223) of Cr.P.C, a Charge should include the following particulars; 1. The offence with which accused is Charged, giving any specific name of the offence or its definition, so as to give accused notice of the matter with which he is Charged. 2: The Law or section of Law in-respect of which the offence is alleged to have been committed. 3: Where the accused is liable, to enhanced punishment on account of his previous conviction and such previous conviction has to be proved, such Charge shall state the fact, date and place of the previous conviction. 4; The time and place of the alleged offence and the person against whom, or the thing in respect of which, jt was committed. 5: In case of criminal breach of trust or dishonest misappropriation of money only, the gross sum in respect of which the offence is alleged to have been committed and the dates between which it is committed may only be stated. 6: Where the particulars mentioned above are not sufficient to give notice of the offence with which the accused is Charged/ then the Charge shall also contain the particulars of the manner in which the alleged offence was committed. Competency of Court to amend alter or add other offence to Charge: ============================================================ According to section (227), "Any Court may alter or add to any Charge at any time before judgment is pronounced and every such alteration or addition should be read and explained to the accused." Comments: The Court is competent and may alter or add to any Charge upon its own motion or on application by prosecution, but such alteration or addition of a Charge, should not prejudice the accused. Its Consequences: ================================================== According to sections (228), (229), (230), (231) and (232), the following are the consequences of alteration or addition to Charge, which are as under: 1: The Court should proceed with the trail, if in the opinion of the Court, such alteration or addition made to the Charge is not likely to prejudice the accused in his defence or the prosecution in the conduct of the case, and the Court should treat the new or altered Charges as the original Charge. 2: When the new, altered or added Charge is such which prejudice the accused or the prosecution, then the Court may in its opinion, either direct a new trial or adjourn the trail for such period as may be necessary. 3: The case shall not be proceeded with, when the new, altered or added Charge is one for the prosecution of which previous sanction is necessary, until such sanction is obtained. 4; Whenever a Charge is altered or added to by the Court after the commencement of the trail, the prosecution and the accused shall be allowed to recall or re- examine the witnesses and also to call any further material witnesses with reference to such alteration or addition. 5: Whenever in opinion of any Appellate Court in the exercise of its powers of revision or submission of sentences for confirmation, that any person convicted of an offence was misled in his defence by the absence of a Charge or by an error, it shall direct a new trail to be had upon a Charge framed in whatever manner it thinks fit. 6: The Court shall quash the conviction, when the facts proved against the accused are such'that no valid Charge could be preferred. What is the possibility to convict an accused of an offence without having Charged him thereof: =================================================================================== According to section (237), in the case mentioned in section (236), when it is doubtful what offence has been committed. In such case when the accused is Charged with one offence and it appears in evidence that he committed a different offence, the Court can convict, such accused although he was not Charged with it. Conclusion: ===================== So from the above discussion it is found that charge provides detail inrespect of accusation and allegations made against an accused by prosecution. It is framed by the court in-order to stand test of the trial against the accused and to evaluate that the complaint made against him is genuine or not. |
Inherent Powers of High Court:
====================================== Inherent Powers, means those Powers exercised by High Court for resolving a matter, for which no specific provision of law is available. Shortly Inherent Powers are powers exercised by High Court for determining a question, in the absence of specific provision of law. In administrating Justice as prescribed by code, there will always be cases and circumstances, which are not covered by the express provision of the code, wherein justice has to be done. It cannot be said that, in the above circumstances courts have no power to do justice or to redress a wrong merely because no express provision of the code can be found to meet the requirements of the case. In such case Inherent Powers may be invoked in the interest of justice and to make redressal of grievances. Inherent Powers of High Court are extra-ordinary and intended to be used only in extra-ordinary cases where no other remedy is available to do the real and substantial justice. They are usually not invoked when there is another remedy availabie. Section (561-A) of Cr.P.C provides that, "Nothing contained in the Criminal Procedure Code shall be deemed to limit or affect the Inherent Powers of the High Court to make such orders as may be necessary to give effect to any order under this code; or to prevent abuse of the process of any court or otherwise to secure the ends of justice" From the above it is observed that the High Court can exercise Inherent Powers in three cases: (1) In-order to give effect to any order under the Criminal Procedure Code. (2) In-order to prevent abuse of process of any court. (3) In-order to secure the ends of justice. The High Court has in view of its general jurisdiction over all the Criminal Courts subordinate to it, Inherent Power to give effect to any order of any such court under the Code, and to prevent the abuse of process of any such court or otherwise to secure the ends of justice. Inherent Powers under section (561-A) can be exercised by High Court alone and not by Sessions Court or any other subordinate Court. Powers vested in High Court under section (561-A) are unbridled and vast enough so as to find and rectify any abuse of process of court and make such orders as may be necessary to secure the ends of justice. Proceedings without jurisdiction are In abuse of the process of the Court. Once Court suffers from total lack of jurisdiction, any proceedings initiated by it, are void-ab-initio. Therefore , power under section (561-A) can be exercised to correct orders passed without jurisdiction. Object of Inherent Powers: ============================= The object of Inherent Powers is to do real and substantial justice and to prevent abuse of process of court, and to secure ends of Justice. The Inherent jurisdiction of High Court, under section (561-A) is neither akin to appellate jurisdiction nor to revisional jurisdiction, but is a special extra-ordinary jurisdiction, main aim and object of which is to save the people from the agony of the abuse of the process of the court. Conclusion: ========================== From the above-mentioned statements, I reached to this result, that the legislature has not promulgated law on each and every subject, and a case if brought before High Court in which a proposition is involved but no law is available on the subject, the High Court would not refuse to decide the matter on the ground that no law is available to resolve the matter, but the High Court while exercising its Inherent Powers '(saved by legislature in the Criminal Procedure' Code) would make a decision on the subject keeping-in-view the demands of justice.. |
Proclaimed offender
Q: What procedure shall be adopted after a person is declared proclaimed offender?
Ans. When a criminal case is registered against a person, in-respect of cognizable offence, and he for the purpose of avoiding his lawful arrest gone into hiding, the police officer who is conducting investigation would apply to the Illaqa Magistrate for a warrant of arrest under section (204) of the Cr.P.C against him. If in the execution of said warrant of arrest the investigation officer did not find the accused, he would submit his report to this effect on the back of the warrant. Thereafter the investigation officer would apply for warrant of proclamation under section (87) of Cr.P.C/ and he would execute the same in-accordance with law. According to section (87) ofCr.P.C. "(I). If any Court is satisfied after taking evidence that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation. (2) The proclamation shall be published as follows:- (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides; (b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village; and (c) a copy thereof shall be affixed to some conspicuous part of the Court-house. (3) "A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day shall be conclusive evidence that the requirements of this section have been complied-with, and that the proclamation was published on such day. Thereafter the investigation officer would apply to the court for order of attachment of the property of person absconding under section (88) of Cr.P.C. The investigation officer would carried-out the remaining investigation in absentia of the person absconding and after of its completion he would forward challan against him under section (512) Cr.P.C to the competent court of jurisdiction. The court would first summon search witness (DFC), who has executed warrants under section (204) and (87), Cr.P.C, and would record his statement. If from the statement of search witness the court finds that the accused has gone into hiding and avoided his lawful arrest and absconded, then the court would declare him absconder and the court would commence the conduct of trial in his absentia. The court would summon all the prosecution witnesses and record their statements. At the final stage of the Trial the Court would give an opportunity to the public prosecutor to present arguments. After hearing of the arguments if the court finds that strong evidence and a prima facie case is available on record against the absconding accused, the court would announce order against him/ declaring him proclaimed offender, and the court would issue a perpetual warrant against him, and send the record to the police station concerned with the direction to arrest the (proclaimed offender) and to produce him before the court. According to section (512) of Cr.P.C, "(I). If it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him/ the Court competent to try or send for trial to the Court of Sessions or High Court such person for the offence complained-of may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions. Any such deposition may, on the arrest of such person, be given in evidence against him on the inquiry into, or trial for, the offence with which he is charged, if the deponent is dead or incapable of giving evidence his attendance cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable. (2) Record of evidence when offender unknown: If it appears that an offence punishable with death or imprisonment for life has been committed by some persons unknown, the High Court may direct that any Magistrate of the first class shall hold an inquiry and examine any witnesses who can give evidence concerning the offence. Any depositions so taken may be given in evidence against any person who is subsequently accused of the offence, lf the deponent is dead or incapable of giving evidence or beyond the limits of Pakistan" |
Powers of appelate court
[SIZE="2"]Q: Discuss the Powers of appellate court regarding disposal of Appeal?
============================================================ Ans.: Appeal, Appellate Court and Appeal procedure: ============================================== The word Appeal is an undefined expression; it means the removal of a cause from an inferior Court to a superior one for the purpose of testing the soundness of the decision of inferior Court, Appellate Court means the Court in which Appeal can be filed against judgment of the trial Court. The procedure for Appeal is that, when accused is brought before the trial Court in a criminal case, his case is tried upon evidences produced by the parties and thereafter the Court gives its decision. This is called judgment of the trial Court. But in-order to challenge its validity the powers of Appeal are conferred upon Superior Courts by Cr.P.C., so the right of Appeal is provided by the law to a person, who is not satisfied with the decision of the trial court. Procedure before disposing-of Appeal: ==================================== According to sections (419), (420), (421) and (422) ofCr-.P.C, the following procedure is provided before disposing of Appeal: 1. Petition of Appeal: =================== According to section (419), "Every Appeal shall be made in the form of a petition in writing presented by the appellant or his pleader, and every such petition shall (unless the Court to which it is presented otherwise directs) be accompanied by a copy of the judgment or order Appealed against." 2. Procedure when appellant in Jail: =============================== According to section (420), "If the appellant is in Jail, he may present his petition of Appeal and the copies accompanying the same to the officer in charge of the Jail, who shall thereupon forward such petition and copies tothe proper appellate Court.' 3. Summary Dismissal of Appeal: ============================= According to section (421), "On receiving the petition and copy under section (419) or section (420), the Appellate Court shall peruse the same, and, if it considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily: Provided that no appeal presented under section (419) shall be dismissed unless the appellant or his pleader has had a reasonable opportunity of being heard insupport of the same. Before dismissing an appeal under this section, the court may call for the record of the casebut shall not be bound to do so.' Notice of Appeal: ================= According to section (422), "If the Appellate Court does not dismiss the Appeal summarily, it shall cause notice to be given to the appellant or his Pleader, and to such officer as the Provincial Government may appoint in this behalf, of the time and place at which such appeal will be heard, and shall on the application of such officer, furnish him with the copy of grounds of appeal. And, in cases of appeals under section (411-A), sub-section (2) or section (417), the Appellate Court shall cause a like notice to be given to the accused." Powers of Appellate Court in disposing of Appeal: ============================================ According to section (423), "The Appellate Court shall then send for the record of the case, if such record is not already in Court. After perusing such record, and hearing the Appellant and his pleader, if he appears, and the Public Prosecutor, if he appears, and in case of an Appeal under section (411-A) sub-section (2) or section (417), the accused, if he appears, the Court may, if it considers that there is no sufficient ground for interfering, dismiss the Appeal, or may— (a) in an Appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be retired or sent for trial to the Court of Session or the High Court, as the case may be or find him guilty and pass sentence on him according to Law; (b) in an Appeal from a conviction, (1) reverse the finding and sentence, and acquit or discharge the accused, or order him to be retried by a Court of competent jurisdiction subordinate to such Appellate Court: or sent for trial, or (2) alter the finding, maintaining the sentence, or, with or without such reduction and with or without altering the finding, alter the nature of the sentence, but subject to the provisions of section (106), sub-section (3), not so as to enhance the same; (c) in an Appeal from any other order, alter or reverse such order; (d) make any amendment or any consequential or incidental order that may be just or proper." Additional Evidence: ====================== In dealing with an Appeal the Appellate Court is also empowered, after recording its reasons to take additional evidence or direct it to be taken by a subordinate Court.[/SIZE][/SIZE] |
Q: What do you understand by summons? How Summons as are served? Explain the procedure when service can not be effected.
============================================================================================================== Ans. Summons: ====================== Summons is a document issued from the office of a court of justice calling upon the person to whom it is directed, to attend before a judge or office of a Court. A Summons must bear the seal of the Court. Summons may be issued to accused as well as witnesses. Summons to a witness must contain the place at which, and the day and the time of the day when the attendance of the witness is required. The Court through service of summons brings to the knowledge of the person concerned the summons or notice in a legal action either by personal service, i.e, by the actual delivery of the process to the person concerned or by substituted service, i.e, delivery of notice, etc, on such other person who is likely to bring it to the knowledge of theperson concerned or by publication. According to Section (68) of Cr.P.C. "(I) Every summons issued by a Court under this Code shall be in writing in duplicate, signed and sealed by the presiding officer of such Court, or by such other officer as the High Court may, from time to time by rule, direct. (2) Summons shall be served by a police-officer, or subject to such rules as the Provincial Government may prescribe in this behalf by an officer of the Court issuing it or other public servant, Provided that the Court may at the request of the complainant or the accused, allow him to serve the summons on his own witnesses. How Summons as are served: =============================== According to Section (69): (1) The summons shall, if practicable be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons. (2) Every person on whom a summons; is so served shall sign a receipt therefore on the back of the other duplicate. (3) Service of a summons on an incorporated company or other body corporate may be effected by serving it on the secretary, local manager or other principal officer of the corporation or by registered post letter addressed to the chief officer of the corporation in Pakistan. In such case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post. Service when person summoned cannot be found: ============================================= According to section (70),"Where the person summoned cannot by the exercise of due diligence be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family, and the person with whom the summons is so left shall, sign a receipt therefore on the back of the other duplicate." Service on servant of State, or of a statutory body or company: ====================================================== According to Section (72), "(I) where the person summoned is in the active service of State or of statutory body or a company, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed, and such head shall thereupon cause the summons to be served in manner provided by section 69 crpc, and shall return it to the court under his signature with the endoresement required by that section. (2). Such signature shall be the evidence of due service. Service of Summons outside local limits: ==================================== According to Section (73),"When a Court desires that Summons issued by it shall be served at any place outside the local limits of its jurisdiction, it shall ordinary send such summons in duplicate to a Magistrate within the local limits of whose jurisdiction the person summoned reside or is, to be there served." Procedure when Service cannot be effected: ======================================= According to Section (71), " If service in the manner mentioned in sections (69) and (70) cannot by the exercise of the due diligence be effected, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the summons shall be deemed to have been duly served". |
[SIZE="4"]PROCEDURE FOLLOWED BY MAGISTRATE WHILE CONDUCTING A TRIAL:[/SIZE]
==================================================== ==================================================== before mentioning the procedure followed by the magistrate while conducting a trial, the magistrate takes cognizance of the offence in different three ways, which are mentioned in section 190 of the criminal procedure code and are as follow: (a) upon complaint. (b) upon police report or FIR (c) upon information of any person other than police. A trial is conducted by the magistrate in accordance with the following procedure provided in crpc. [SIZE="4"]1. Submission of charge sheet or challan or inquiry report:[/SIZE] ============================================ The procedure in court for conducting a trial of an offence begins after the inquiry or investigation. Under section 173 crpc, the police officer made charge sheet which is also known as challan or completion report, and forward the same through public prosecutor to magistrate who has jurisdiction for conducting the trial. [SIZE="4"]2. Commencement of proceeding:[/SIZE] =========================================== according to section 204, if in the opinion of the court taking cognizance of an offence, there are sufficient grounds for proceedings, then if the case appears a summon case, summon shall be issued for the attendance of accused, and if the case appears a warrant case, a warrant may be issued for causing the accused to be brought before the court. [SIZE="4"] 3. Procedure in trial of case[/SIZE] ============================================ According to chapter 20 of the crpc, section 241-A states that the court shall supply free of cost all statements and documents to the accused, not less than seven days before the commencement of trial. [SIZE="4"]4. Charge to be framed.[/SIZE] ========================================= According to sections 242 and 243 crpc, when the accused appears or is brought before the magistrate, a formal charge shall be framed relating to the offence of which he is accused. And he shall be asked whether he pleads guilty or not, If he pleads guilty, his admission shall be recordedin words used by him. If the accused says "i do not plead guilty I claim trial", then the court is bound to proceed according to law by examining the witnesses of the prosecution and defence. [SIZE="4"]5. Examination of witnesses:[/SIZE] ========================================== According to section 244, the magistrate shall on the application of complainant or accused, issue summon to any witness directing him to attend or to produce any documents or materials. So firstly it is the duty of complainant to call his witnesses for recording evidence under section 164 crpc, for the purpose of proving his allegations, which he has imposed on accused. Secondly , the magistrate is bound to examine all the witnesses produced by the accused in his defence. At the time of recording statement of every witness, the following are the rights of either party:- A)-- To examine-in-chief, the witness, "the party who call it" B)-- To cross-examine, " every witness of adverse party". C)-- To re-examine the witness, " the party who called it if necessary". [SIZE="4"]6. An opportunity to the accused for giving statement.[/SIZE] =========================================== At this stage of trial the court gives an opportunity to the accused, that if he wants to prove himself innocent, he may record his statement in this behalf. According to section 340 sub section 2 of crpc, Any person accused of an offence before a criminal court , such accused if he does not plead guilty may record his statement on oath in disproof of the charges or allegations levelled against him, and after this, the accused shall be cross-examined by the prosecution. [SIZE="4"]7.Arguments.[/SIZE] =================================== The accused should be at liberty at all times to be defended by a pleader, and at this stage of the trial , the pleader of the accused and public prosecutor may give their arguments in respect of legal and factual questions involved in the case. [SIZE="4"]8. Order of acquittal or sentence.[/SIZE] ================================== According to section 245 crpc, if the magistrate upon taking the evidence referred in section (244), and such further evidence if any, and after examining the accused, finds the accused not guilty, the magistrate shall record an order of his acquittal. Where the magistrate upon taking the evidence referred in section (244), and such further evidence if any, and after examining the accused, finds the accused guilty of an offence, he shall pass a sentence upon him... |
[SIZE="4"]Q... What do you understand by the preventive action of the police ?[/SIZE]
[SIZE="3"]PREVENTIVE ACTION OF POLICE[/SIZE] ======================== ======================== A police officer must interfere effectively for the prevention of an offence. He cannot shirk his duty of interposing effectively by being content with passing an oral order not to do a certain act. The intervention is justified only when there is a probability of the commission of an offence . A police officer is not justified in removing an axe carried by a person under the impression that such person was carried it on his way to attack his enemy. Preventive actions of the police are following: [SIZE="3"]TO PREVENT COGNIZABLE OFFENCES[/SIZE] ============================ ============================ According to section 149 of criminal procedure code " every police officer may interpose for the purpose of preventing and shall, to the best of his ability prevent the commission of any cognizable offence". [SIZE="3"]INFORMATION OF DESIGN TO COMMIT SUCH OFFENCES[/SIZE] ======================================== ======================================== According to section 150 of criminal procedure code, " every police officer recieving information of a design to commit any cognizable offence, shall communicate such information to the police officer to whom he is sub-ordinate, and to any such officer whose duty is to prevent or take cognizance of the commission of any such offence". [SIZE="3"] ARREST TO PREVENT SUCH OFFENCES[/SIZE] ================================== ================================== According to section 151 of criminal procedure code, " a police officer knowing of a design to commit any cognizable offence may arrest, without the orders from a magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented". [SIZE="3"]PREVENTION OF INJURY TO PUBLIC PROPERTY:[/SIZE] ==================================== ==================================== According to section 152 of criminal procedure code, " a police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or injury of any public landmark or buoy or other mark used for navigation". [SIZE="3"]INSPECTION OF WEIGHTS AND MEASURES:[/SIZE] ==================================== ==================================== According to section 153 of criminal procedure code, 1. any officer incharge of a police station may, without a warrant, enter any place within the limits of such station for the purpose of inspecting or searching for any weights or measures or instruments for weighing, used or kept therein, whenever he has reason to believe that there are in such place any weights, measures or instruments for weighing which are false". 2. If he finds in such place any weights, measures or instruments for weighing which are false, he may seize the same, and shall forthwith give information of such seizure to a magistrate having jurisdiction. |
[SIZE="5"]Q:Is it obligatory on the public to give information of certain offences under the Cr.P.C? Explain.
=================================================================================[/SIZE] [SIZE="4"]Ans. ===== Public to give information of certain offences: ===========================================[/SIZE] 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". [SIZE="4"] Summary: ================[/SIZE] 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. [SIZE="4"]"Effect of not giving information: =============================[/SIZE] 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. |
Soft Copy of CrPC
An authentic and latest soft copy can be found below.
[url]http://www.fmu.gov.pk/docs/laws/Code_of_criminal_procedure_1898.pdf[/url] |
compoundable offence
[SIZE="5"]Q; Elaborate Compoundable Offences. What is the legal effect of a valid Composition? Differentiate Withdrawal of a case and Composition of an offence?
==================================================================================================[/SIZE] [SIZE="4"]Ans.: Meaning of Compounding an Offence: ======================================[/SIZE] 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. [SIZE="4"]Compoundable Offences: =====================================[/SIZE] 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. [SIZE="4"]Legal effect of a valid Composition: =======================================[/SIZE] 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. [SIZE="4"]Difference between Withdrawal and Composition:[/SIZE] ================================================= 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. [SIZE="4"]CONCLUSION:[/SIZE] ==================== 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. |
Section-wise crpc.... Thanks zohaib baloach
CODE OF CRIMINAL PROCEDURE ( section- wise)
================================================== ================================================== (ACT V OF 1898) PART I PRELIMINARY CHAPTER-1 ================================ 1. Short title and Commencement: Extent. 2. (Repealed) 3. References to Code of Criminal Procedure and other repeated enactments. Expressions in former Acts. 4. Definitions. 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 PART II CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES CHAPTER II 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 18-21 [Omitted]. E.—Justices of the Peace 22. Justice-of the peace for the mufassil. Punjab Amendment 22. Appointment of Justices of the Peace. 22-A. Powers of Justices of the Peace. 22-B. Duties of Justices of the Peace. 23-24. [Repealed]. 25. Ex-Officio Justices of the Peace. F.—-Suspension and Removal 26-27 [Repeated]. CHAPTER III POWERS OF COURTS ======================================= A—Description of offences cognizable by each Court 28. Offences under Penal code 29. Offences tinder other laws. 29-A. [emitted], 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. 34-A. [Omitted]. 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. PART III GENERAL PROVISIONS CHAPTER IV OF AID AND INFORMATION TO THE MAGISTRATES, THE POLICE AND PERSONS MAKING ARRESTS =========================================================================== 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 matters. Appointment of village headmen by District Magistrate or Sub-Divisional, Magistrate in certain cases for purposes of this section. CHAPTER V OF ARREST, ESCAPE AND RETAKING ====================================================== A.—Arrest generally 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. CHAPTER VI OF PROCESSES To COMPEL APPEARANCE ======================================================= A ---Summons 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. CHAPTER VII 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. B-Search-warrants 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 the same, 99-B. Application to High Court to set aside order of forfeiture. 99-C. [Omitted]. 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. E-- Miscellaneous 104. Power to impound document, etc., produced. 105. Magistrate may direct search in his presence. PART IV PREVENTION OF OFFENCES CHAPTER VIIl OF SECURITY FOR KEEPING THE PEACE AND FOR GOOD ============================================================= BEHAVIOUR 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 security 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 behaviour. 126. Discharge of sureties. 126-A.Security for un-expired period of bond. CHAPTER IX UNLAWFUL ASSEMBLIES [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. 132-A. Definitions. CHAPTER X PUBUC NUISANCES ===================================================================== 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. CHAPTER XI TEMPORARY ORDERS IN URGENT CASES OF NUISANCE OR APPREHENDED DANGER ============================================================================= 144. Power to issue order absolute at once tri urgent cases of nuisance or apprehended danger. CHAPTER XII 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, CHAPTER XIII. 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. PART V INFORMATION TO POLICE AND THEIR POWERS TO INVESTIGATE CHAPTER XIV ========================================================= 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. PART VI PROCEEDINGS IN PROSECUTIONS CHAPTER XV =================================================================== OF THE JURISDISTION OF THE CRIMINAL COURTS OF INQUIRES AND TRIALS 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. Theft. 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 Outside Pakistan. 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. CHAPTER XVI 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. CHAPTER XVII OF THE COMMENCEMENT OF PROCEEDINGS BEFORE COURT ============================================================== 204. Issue of process. 205. Magistrate may dispense with personal attendance of accused. CHAPTER XVIII OF INQUIRY INTO CASES TRIABLE BY THE COURT OF SESSION OR HIGH COURT ============================================================ 206 to 220. (Omitted) CHAPTER XIX 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. 226. [Omitted]. 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. CHAPTER XX 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. Acquittal. Sentence. 245-A. Procedure in cases of previous convictions. 246. [Omitted]. 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. CHAPTER XXI OF THE TRIAL OF WARRANT CASES BY MAGISTRATES ========================================================= 251-259. [Omitted]. CHAPTER XXII 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. CHAPTER XXII-A 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-E. Plea. 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. CHAPTER XXIII OF THE TRIALS BEFORE HIGH COURT AND COURTS OF SESSION ============================================================ 266--336. [Omitted]. CHAPTER XXIV 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. Remand. 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 property. 349. Procedure when Magistrate cannot pass sentence sufficiently severe. 350. Conviction or evidence partly recorded by one Presiding Officer and partly by another. 350-A. Changes in constitution of Benches. 351. Detention of offenders attending Court. 352. Courts to be open. CHAPTER XXV OF THE MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS ========================================================================= 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. 362. [Omitted]. 363. Remarks respecting demeanour of witness. 364. Examination how recorded. 365. Record of evidence in High Court. CHAPTER XXVI 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. 370. [Omitted}. 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. CHAPTER XXVII 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 562. CHAPTER XXVIII OF EXECUTION ================================================================= 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. CHAPTER XXIX OF SUSPENSIONS, REMISSIONS AND COMMUTATIONS OF SENTENCES ========================================================== 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. CHAPTER XXX OF PREVIOUS ACQUITTALS OR CONVICTIONS =============================================================== 403. Person once convicted or acquitted not to be tried for same offence. PART VII OF APPEAL, REFERENCE AND REVISION CHAPTER XXXI OF APPEALS ================================================================ 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. 407. [Omitted] 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. [Omitted] 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. 416. [Repealed] 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. CHAPTER XXXII OF REFERENCE AND REVISION =========================================================== 432--434. [Omitted]. 435. Power to call for records of Inferior Courts. 436. Power to order further inquiry. 437. [Omitted]. 438. [Omitted]. 439. High Court's powers of revision. 440. Option with Court to hear parties. 441. [Omitted]. 442. High Courts order to be certified to lower Court or Magistrate. PART VIII SPECIAL PROCEEDINGS CHAPTER XXXIII =========================================================== 443-463. [Omitted]. CHAPTER XXXIV LUNATIC ================================================================ 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 lunatic. 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. 472. [Repealed] 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 released. 475. Delivery of lunatic to care of relative or friend. CHAPTER XXXV 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. 476-B.[Omitted]. 477. [Repealed]. 478-479. [Omitted]. 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 482 484. 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. CHAPTER XXXVI OF THE MAINTENANCE OF WIVES AND & CHILDREN =================================================================== 488-490. [Omitted}. CHAPTER XXXVII DIRECTIONS OF THE NATURE OF A HABEAS CORPUS ================================================================== 491. Power to issue directions of the nature of a habeas corpus. 491-A. [Omitted] PART IX SUPPLEMENTARY PROVISIONS CHAPTER XXXVIII 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. CHAPTER XXXIX OF BAIL =================================================================== 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. CHAPTER XL OF COMMISSIONS FOR THE EXAMINATION OF WITMESSES =================================================================== 503. When attendance of witness may be dispensed with. 504. [Omitted]. 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. CHAPTER XLI 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. CHAPTER XLII 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. CHAPTER XLIII 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. CHAPTER XLIV 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. 526-A. [Omitted]. 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. CHAPTER XLIV-A SUPPLEMENTARY PROVISIONS RELATING TO EUROPEAN AND PAKISTANI BRITISH SUBJECTS AND OTHERS [Omitted] ================================================================= CHAPTER XLV OF IRREGULAR PROCEEDINGS ================================================================= 529. Irregularities which do not vitiate proceedings. 530. Irregularities, which vitiate proceedings. 531. Proceedings in wrong place. 532.- [Omitted]. 533. Non-compliance with provisions of Section 164 or 364. 534. [Omitted]. 535. Effect of omission to prepare charge. 536. [Omitted]. 537. Finding or sentence when reversible by reason of error or Omission in charge or other proceedings. 538- Attachment not illegal, person making same not trespasser for defect or want of form in proceedings. CHAPTER XLVI MISCELLANEOUS ====================================================================== 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 cases. 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 examination. 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. 553. [Repealed]. 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. 555. Forms. 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 -in-office. 560. Officers concerned in sales not to purchase or bid for property. 561. [repealed]. 561 -A. Saving of inherent power of High Court. 562. [repealed]. 563--564. [repealed]. Previously convicted offenders 565. Order for notifying address of previously convicted offender. SCHEDULE I.-[Repealed]. SCHEDULE II.-Tabular Statement of Offences. SCHEDULE III.- Ordinary Powers of Provincial Magistrates. SCHEDULE IV. Additional Powers with which Magistrates may be invested. SCHEDULEV. Forms. =========================================================================== =========================================================================== MUHAMMAD IMRAN BAKHT ADVOCATE __________________________________________________________________________ ____________________________________________________________________________ |
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?
|
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. |
| 03:27 AM (GMT +5) |
vBulletin, Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.