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THECODE OF CRIMINAL PROCEDUREACT NO. V OF 1898[22nd March 1898]Q No- When Cr.P was enacted? Ans: Cr.P was enacted on 22nd March 1898.Q No- How many sections Cr.P contains? Ans: Cr.P contains 565 sections.Q No- What are the classes of criminal Court beside high Court? Ans: Section 5 of Cr.P: 1. Court...

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-1– THE CODE OF CRIMINAL PROCEDURE ACT NO. V OF 1898 [22nd March 1898]

Q No.1- When Cr.P.C was enacted? Ans: Cr.P.C was enacted on 22nd March 1898. Q No.2- How many sections Cr.P.C contains? Ans: Cr.P.C contains 565 sections. Q No.3- What are the classes of criminal Court beside high Court? Ans: Section 5 of Cr.P.C: 1. Court of Sessions, 2. Court of Magistrate, There shall be following classes of Magistrate: 1. Ist Class Magistrate, 2. IInd Class Magistrate, 3. IIIrd Class Magistrate. Q No.4- What is the procedure for appointment of Special Judicial Magistrate? Ans: The recommendation of High Court, Provincial Govt. confer upon any person all or any of the powers conferred or conferrable by or under the code on a Judicial Magistrate in respect of a) Particular cases, b) Particular class or particular clauses or c) regarding cases generally in any local area. 2. Such Magistrates are called special Judicial Magistrate and shall be appointed for such term as Provincial Govt. in consultation with High Court by general or special order direct then Magistrate is appointed U/s 14 Cr.P.C. Q No.5- What are the powers of Justice of Peace, How is appointed? Ans: Justice of Peace appointed U/s 22 Cr.P.C by the Provincial Govt. any citizen of Pakistan whose integrity and suitability founds for such a period as it thinks fit. Section 22 A & B confers the powers and duties of Justice of Peace, which includes 1. Arrest like a police officer and handing over to nearest police station. 2. Issue certificates to identify the person. 3. Verify the documents. 4. Attest any document like Magistrate. Ex-Officio Justice of Peace:- According with section 22-A(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 access committed by a police authority concerning its functions and duties. Ex-Officio Justice of peace be appointed U/s 25 Cr.P.C who are sessions judges and on their nomination, Additional Sessions Judge whole of District of Provinces. Sentences which may be passed by courts of various classes:-

-2– Sentences which High Court may pass: a) Death, b) Life Imprisonment, c) Imprisonment of either description i. rigorous, ii. Simple, d) forfeiture of property, e) lashes, f) Fine. Sentences which Sessions Judge or Additional Sessions Judge may pass:a) Death sentence subject to the confirmation of High Court, b) Life imprisonment, c) Imprisonment of either description i. rigorous, ii. Simple, d) Forfeiture of property, e) Lashes, f) Fine. Sentences which Assistant Sessions Judge may pass:1. An Assistant Sessions Judge may pass any sentence authorized by law except a) death sentence, b) life imprisonment, c) imprisonment not exceeding 7 years, d) lashes, e) fine. Sentences which Magistrate may pass:Ist Class:1. 3 Years Imprisonment . 2. Whipping 3. Fine not exceeding 100,000. 4. Solitary confinement. IInd Class:1. One Year Imprisonment 2. Fine Not exceeding 50,000/= 3. Solitary confinement. IIIrd Class:1. One Month Imprisonment. 2. Fine not exceeding 1,000/=. 3. Solitary confinement. Note:- U/s 33-A Magistrate can pass sentence of imprisonment in default of fine but it should not excess of Magistrate power and not excess to 1/4th of the period of imprisonment. Q No.6- When a police officer may arrest without a warrant? Ans: U/s 54 followings are the conditions when police may arrest without warrant. 1. Any person concerned with a cognizable offence. 2. A person who has an insufficient excuse for any imprisonment of housebreaking. 3. Any proclaimed offender. 4. Possessor of stolen property. 5. A person obstructs P/o in his duty, escapee or attempts to escape from lawful custody. 6. A deserter from armed forces of Pakistan. 7. A person who has committed an illegal act outside Pakistan. 8. Any released convict committing a breach of any rule. 9. A person whose requisition for his arrest is received from another police officer. Q No.7- (Section 59) When a private person may arrest without a warrant? Ans: Any private person may arrest 1. Any person who is his view commits a nonbailable or cognizable offence, 2. Any proclaimed offender. Q No.8- (Section 64/65) When arrest be made by a Magistrate?

-3– Ans: According to 64 & 65 Cr.P.C a Magistrate may arrest or order any person to arrest the offender when an offence is committed in his presence and within the local limits of his jurisdiction. Q No.9- (Section 75) What is the procedure when a warrant is issued? Ans: 1. A warrant for arrest is issued U/s 75 Cr.P.C if Court will issue a warrant of arrest for compelling a person to appear before the Court, 2. Every Warrant shall remain in force until it is cancelled by the Court which issued it or until it is expected. Q No.10- What are different modes of production of accused before Court or state briefly the steps that may be taken to compel a person to appear before Court? Ans: There are six modes of production of an accused before Court, 1. Summon, 2. Warrant, 3. A warrant in view lieu summons, 4. Proclamation of an offence, 5. Attachment of his property, 6. Bond. Q No.11- (Section 87) What is proclamation when it is issued? Ans: Section 87 provides that if any Court after taking evidence that any person against whom a warrant has been issued it has absconded or is concealing himself so that such warrant can not be executed, such Court may publish a written proclamation requesting him to appear at a specified place and time not less than 30 days from the date of such proclamation. Q No.12- (Section 88) What is the procedure after the issuance of proclamation U/s 87 Cr.P.C? Ans:- The Court issuing proclamation u/s 87 may any time order the attachment of any property movable or immovable or both belonging to the proclaimed persons. Note:- If the property is debt or movable attachment shall be made as by seizure, by appointing a receiver, or prohibiting the delivery. Q No.13- (Section 89) what is the procedure for the restoration of attachment property? Ans: If within the 2 years from the date of attachment a person whose property was attached appears voluntarily or apprehended or brought before the Court who has order ed for attachment, such property shall be de attached as if it is sold all expenses will be handed over to him (2004 SCMR 1743). Q No.14- (Section 96) When a search warrant is issued? Ans: Search warrant is issued following conditions: 1. Where any Court has reason to believe that a person to whom a summon or order or requisition has been made will not produce the documents, 2. Where such documents and thing is not known to Court to be in the possession of any person, 3. where the Court considers that the purpose of any inquiry, trial or other proceedings will be served by a general search or inspection. Note:- If the documents, parcel or other thing is in authenticities the search warrant can be issued by a District Magistrate. Q No.15- (Section 98) What are the cases in which a Magistrate may order the police to search the house? Ans: If a Magistrate of the first class or upon information and after such inquiry as he thinks necessary has reason to believe that any place issued for the deposit or sale of

-4– stolen property, for the deposit or sale or manufacture of forged documents, false seals or counterfeit stamps, banks notes, currency notes or coins, or instruments or materials for counterfeiting coins or stamps, banknotes or currency notes or for forgoing or that any forged documents, false seals or counterfeit stamps or coins or instruments or materials used for counterfeiting or coins stamps, for forgoing are kept or deposited in any place. Q No.16- (Section 100) State the provision laid down in code relating to the search of a person wrongfully confined? Ans: If a Magistrate of Ist Class has reason to believe that any person is wrongfully confined as the confinement amounts to an offence he may issue a search warrant and the person to whom such warrant is directed may search for the person so confined, the person if so found shall immediately be taken before a Magistrate who shall make such order as in the circumstances of the case sues proper. Q No. 17- (Section 145) what is the law in disputes about an immovable property? Ans: If a Magistrate is satisfied from a police report or other information that there is a dispute regarding possession of immovable property or rights which is likely to cause a breach of peace, he shall make an order in writing stating the grounds or his satisfaction and call up the parties concerned to attend the Court to put in a statement showing their respective claims, to possession of the subject of dispute, if it appears to Magistrate that any party forcibly or wrongfully disposed within two months before order he may treat the party so disposed of as if he had been in possession in such date, in case of emergency Magistrate can temporary attach the property or appoint a receiver. Q No.18- (Section 161 & 164) Different between 161 and 164? Ans: Statement U/s 161 is made before the police by witnesses while statement U/s 164 is made before Magistrate by witnesses or an accused. Statement U/s 161 is neither signed by witnesses while statement U/s 164 is always signed and made on oath. Q No.19- (Section 164) What is a confession, what are its classes? Ans: A confession is an admission made at any time by a person charged with an offence or suggesting the interference that he has committed an offence. Classes of confession:1. Judicial confession:- Judicial confessions are those which are made before Magistrate. Those confessions purport to make voluntarily guilt by the accused freely made without force, any pressure coercion upon him in fit sense and consciousness for which a Magistrate will satisfy, before recording such statement. 2. Extra-Judicial confession:- Extra-Judicial confessions are non-judicial confessions, are those which are neither made before nor in legal proceedings as pr-requisite of law. It carries no evidentiary value though recorded in a fit state of sense and voluntarily by the accused. It is made before any person other than a Judge or Magistrate. 3. Retracted confession:- It is that confession which initially made freely and voluntarily but subsequently declined or denied by accused. It is held in PLD 1999 SC 1111 that confessional statement even when they are retracted if corroborated have an evidentiary value of their own and can surely be notified to these concern for an explanation and if warranted can even be relied on collateral quasi-judicial proceeding. Q No.20- (Section 164 R/w 364) What is exculpatory and inculpatory confession?

-5– Ans: Exculpatory Confession:- If the person does not implicate himself with the alleged crime or he partly admits and partly denies in an acknowledgement of sub-ordinate fact not involving him directly into guilt is an exculpatory confession. In culpatory Confession:- It is the total acknowledgement of one’s guilt in terms of offence, it is an admission of all facts which constitutes all offences. It is sufficient for warranting conviction and admissible in evidence. Confession against co-accused:- It carries no evidentiary value at all against the third man/co-accused. Q No.21- (Section 164 R/w 364) What are the formalities to be observed in recording confessional statement? Ans: Before recording a confession, the Magistrate explain to the person making it. 1. He is not bound to confess. 2. If he makes it, it can be used as evidence against him. Note:- Magistrate does not record it unless upon questioning the person making it, he has reason to believe that it is voluntarily made. Q No.22- (Section 164 R/w 364) What are the manners of recording the confessional statement? Ans: 1. Confessional Statement shall be recorded in the form of question and answers. 2. Such record shall be shown or read to the person confessing and if the person does not understand the language in which it is written, it shall be interpreted in the language which he understands. 3. The accused is at liberty to explain or to add him answers. 4. After all the confessional statement would be signed by the accused and Magistrate. 5. The Magistrate shall make a memorandum. Q No.23- (Section 165) Can a police Officer (SHO or I.O) search without a warrant, if so, what are the exceptions to this/it? Ans: Yes, when such officer has reasonable grounds to believe that he can not obtain a warrant without undue delay, such officer, after recording the grounds/reasons in writing of such belief may search or cause to be a search made for such thing, place within his jurisdiction. The exception to 165 Cr.P.C:- No such search would be made for anything which in the custody of 1. Bank or Bankers as defined in Banker’s Book Ordinance 1891. The exception to the above proviso:- When an investigation is of offence U/s 403, 406, 408, 408 and sections 421, 424 and U/s 465 to 477-A of PPC, with the prior permission in such search the provision of Cr.P.C 102, 103, 48, 52 are to be considered and compli ed with. Q No.24- (Section 167) What is remand? Ans: Remand means custody. To remand a prisoner to keep him in custody, 2. The remand also means send back a cause to lower Court for keeping further evidence, if remand implies termination of the proceedings by the appellate Court.

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When it is taken:- Whenever any person is arrested and detained in custody and I.O finds that investigation could not be completed within stipulated time of 24 hours as fixed by 61 Cr.P.C, he will obtain remand by providing entries in the diaries relating to the case. Who grants it:- If nearest Judicial Magistrate whether he has jurisdiction or not by a judicial order will authorize the detention of accused in such custody as Magistrate thinks fit for a term not exceeding 15 days whole. Such remand is granted in positions Magistrate of IInd Class or IIIrd Class can also make an order of remand if authorized by provincial Government. Q No.25- (Section 169) When a police officer (I.O) release an accused with or without surety? Ans: If upon an investigation it appears to the officer-in-charge of PS or I.O that there is no sufficient evidence or reasonable ground of suspicion to justify the forwarding the accused to a Magistrate, such officer shall if such person is in custody, release him on his executing ahead with or without surety as such officer may direct to appear, if and when so required before a Magistrate empowered to take cognizance of the offence on a police report and to try the accused or send him for trial as per section 170 Cr.P.C but if the police officer finds that there is sufficient evidence or reasonable grounds, the I.O/Police Officer shall forward the accused to the Magistrate empowered to take cognizance or forward for trial. Q No.26- (Section 173) What is the challan/Final Report? Ans: When an investigation is completed without unnecessary delay, as soon as it completed, the officer in charge of police, shall through the public prosecutor forward a report to the Magistrate empowered to take cognizance of offence, if after the investigation the officer concludes that the case is false, he will give a final report against the accused thereby discharging them. The final report thus a reference given by the station house officer by which the accused persons are discharged. If on the other hand, the case is set out in the FIR with substance the report which he has given is known as a charge sheet against the accused which contain following particulars:Provided that where investigation not completed within 14 days from the date of recording FIR, the SHO within 3 days of the expiration of such period forward interim report through public prosecutor to the Magistrate stating therein that the result of the investigation made until than. Q No.27- (Section 190) Under what provision Magistrate empowered to take cognizance? Ans: All Magistrate of Ist Class or any other Magistrate especially empower by Provincial Government on the recommendation of High Court may take cognizance of any offence, a. upon receiving a compl aint of fact which constitute such offence, b. upon a report in writing of such facts made by any police officer, c. upon information received from any person other than a police officer upon his knowledge or suspicion. That such offence has been committed which he may try or send to the Court of Sessions for trial. Q No.28- (Section 191) When Magistrate is empowered to transfer the case on the application of an accused?

-7– Ans: When a Magistrate takes cognizance of all offence under sub-section one clause c of 190, the accused shall before any evidence is taken be informed that he is entitled to have the case be tried by another Court and if the accused or any of the accused if there be more than one, object to being tried by such Magistrate, the case shall, instead of being tried by such Magistrate be sent to Sessions Judge for transfer to another Magistrate. Q No.29- (Section 192) When Sessions Judge may empower Judicial Magistrate to transfer the case? Ans: A Sessions Judge may empower any Judicial Magistrate who has taken cognizance of any case, to transfer for such case for trial to any other Judicial Magistrate in his District and such Magistrate may dispose of the case accordingly. Q No.30- (Section 193) When a Court of Sessions May take cognizance of the offence? Ans: 1. Except as otherwise expressly provided by this code or by any other law for the time being enforce, no Court of Sessions shall take cognizance of any offence as a Court of original jurisdiction, (unless the case has been sent to it U/s 190 C-2). (Section 197):- When any person is a judge within the meaning of S. 197 PPC or when any Magistrate or when any public servant who is not removable from his office, gave by or with the sanction of Central Government or Provincial Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty no Court shall take cognizance of such offence except with the previous sanction. Q No.31- (Section 200) What is the complaint? Ans: Complaint means the allegation made orally or in writing to Magistrate with a view to his taking action under the code, that some person whether known or unknown has committed an offence but it does not include the report of a police officer. Q No.32- (Section 200) What is the procedure a Magistrate should adopt on receiving a complaint? Ans: When a Magistrate taking cognizance of an offence must examine the complainant at once, it is a mandatory requirement of law that complainant shall be examined on a very first date when a complaint is presented to the Magistrate. The examination shall be on oath. Q No.33- (Section 201) When Magistrate may return the complaint? Ans: If a complaint is made to in writing to a Magistrate who is not competent to take cognizance of the case, he shall 1. if, the compliant is writing return it for presentation to proper Court or if the complaint is oral, direct the complainant to proper Court. Q No.34- (Section 203) What are the grounds for dismissal of complaint? Ans: Magistrate may dismiss the complaint on the following grounds:1. That Magistrate thinks that the statement on oath of the complainant and witnesses, the result of investigation or inquiry U/s 202, there is no sufficient ground for proceeding. 2. A Magistrate has to consider whether there is a prima facie evidence of criminal offence which in his judgment call upon the alleged offender to answer. Q No.35- (Section 221, 222, 223) What is a charge? Ans: 1. Specified name of an offence or its definition/

-8– 2. The law or section of the law against which the offence is alleged to have been committed. 3. The time and place of the alleged offence and the person. 4. Against whom or thing it was committed. 5. How alleged offence was committed. Q No.36—(Section 227) What is an alternation of charge? Ans: Any Court may alter or add to any charge at any time before a Magistrate. Every such alteration or addition shall be read and explained to an accused. A court may alter or add to the charge upon its motion or on an applicatio...