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CRIMINAL PROCEDURE CODE

Important definitions
All these definitions are contained u/s of the Code.
1) Bailable offences: Means those offences shown as bailable in the
second schedule of Criminal Procedure Code; or, those offences, which are made
bailable by any other law for the time being in force.
2) Non-bailable offences: are other than the offences shown or linked as
bailable offences. However, non-bailable offences are also shown in the second
schedule of the Code with provision as to quantum of punishment.
3) Cognizable offences: In either a cognizable offence or in cognizable
case, a police officer, may, in accordance with the provisions of second schedule
or under any law, for the time being force, arrest without warrant.
4) Non-cognizable offences: In both of the cognizable offence and
cognizable case, the police officer may not arrest without warrant.
5) Charge: The process of charge is commenced after taking cognizable
of the crime by the Court of Magistrate or Sessions Judge. Charge includes any
head of charge when the charge contains more head than one. An object of
framing of the charge is to afford the accused an opportunity to know the purport
of his cases, which is to be faced by him. {NLR 1993 CR.C.8}.
6) Complaint: means the allegations made orally or in writing to a
Magistrate, with a view to this taking action under the Code of Criminal Procedure
that some person, whether known or unknown, has committed an offence, but it
does not include the report of a police officer.
7) Inquiry: includes every inquiry other than a trial conducted under the
Code of Criminal Procedure by a Magistrate or Court.
8) Investigation: includes all the proceedings under this Code for
collection of evidence conducted by a police officer or by any person (other than a
Magistrate) who is authorized by a Magistrate in this behalf.
9) Offence: means any act or omission made punishable by any law for
the time being in force; it also includes any act in respect of which a complaint may
be made under section 20 of the Cattle Trespass Act, 1871;.
10) Public Prosecutor: means any person appointed under section 492 of the
Code; and includes any person acting under the directions of a Public Prosecutor
and any person conducting a prosecutions on behalf of the State in any High Court
in the exercise of its original criminal jurisdiction.
Q.1. What is classification of the Criminal Courts and the Magistrate?
A. Besides High Courts, there shall be two classes of Criminal Courts in
Pakistan.
I. Courts of Sessions;
II. Courts of Magistrate.
The classification of Magistrate is as follow:
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I. Magistrate of the first class,

II. Magistrate of the second class
III. Magistrate of the third class {S.6}
Q-2. Who will establish the Court of Sessions?
A. The Provincial Government shall establish a Court of Sessions for every
session division.
Q.3. What is the procedure as to appointed of the Sessions Judge or the Judicial
Magistrate or the Special Magistrate?
A. The Provincial Government may, on the recommendation of the High Court
will appoint the Sessions or Additional Judges or the Magistrates of different
classes for the different areas of jurisdictions within meaning of the Criminal
Procedure Code [S.9, 12 and 14 of the Code].
Q.4. Under which provisions of the Code, the powers and duties of Justices of
Peace are provided?
A. U/s 22-A, the power of justice of peace are provided; whereas section 22-B
of the Code, contemplates the duties to be performed by the justices of the peace.
Q.5. Before whom and under what law the trial of juvenile’s offender will take
place?
A. The Provincial Government will empower any Judicial Magistrate to
exercise his/her jurisdiction conferred by S.8(1) of the Reformatory Schools Act,
,1897; or any other law where such an act is not applicable, to try the offence of
the Juveniles offender. [S.29.B].
Q.6. What is the qualification of the Magistrate to be entrusted with the
jurisdiction of section 30 Cr.P.C Magistrate powers?
A. Government to confer upon any of the Magistrates with jurisdiction of
section 30 Cr. P.C irrespective of anything contained u/s 29 and 30 of the Code.
Q.7. What sentences either the High Courts of the Sessions Courts may pass?
A. Within meaning of section 31 of the Code, a High Court or the Court of
Sessions or Additional may pass any sentence authorized by law. However, any
sentence of death passed by any Sessions Court shall be subject to confirmation
by the High Court.
Q.8. Does the Court of Assistant Sessions Judge possess same powers as the
of the Court of Sessions and Additional Judges?
A. No. The Assistant Sessions Judge may pass any sentence authorized by
law; however, his jurisdictional domain is limited toward sentence up to seven
years only. [S.31 (3)].
Q.9. What are the judicial powers of different Judicial Magistrate within meaning
of this Code to award sentences?
A. As provided under section 32 of the Code, the first class Judicial Magistrate
awards the following sentences:
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I. Imprisonment not exceeding three years including solitary

confinement authorized by law.
II. Fine not exceeding fifteen thousand.
III. Arsh, daman
IV. Whipping
2) Second Class Magistrate awards:
I. Imprisonment not exceeding one year including solitary confinement
authorized by law.
3) Third Class Magistrate awards:
I. Imprisonment not exceeding one month.
II. Fine not exceeding one thousand.
Q.10. In case of fine is not paid by the convicted, what steps shall be taken by the
Magistrate?
A. In the event of default as to payment of fine amount, the Magistrate will
award imprisonment as per nature of the offence; however, the period shall not
exceed one-fourth of the actual inflicted imprisonment. [S. 33].
Q.11. How the Court will direct the conviction to run concurrently or
consecutively?
A. When a person is convicted at one trial of two or more offences, the Court
is competent to commence the one flier to run after the other in such an order as
Court may direct; or otherwise, the Court may direct to run such punishment either
concurrently or consecutively as per circumstances of the case. [S.35].
Q.12. Under which provision of law, the “ordinary powers of Magistrates” are
provided?
A. The ordinary powers of all classes of Magistrates are provided in the third
schedule of the Code. [S.36}.
Q.13. Whether the Provincial Government is exclusively competent to confer or
withdraw the power from any of the Magistrate?
A. Yes, the Provincial Government can do so, only and only on the
recommendations of the High Court. [Ss.39 and 41 of the Code].
Q.14. When the public has to assist the Magistrate and police?
A. When;
I. finding any person escaped, who is to be arrested by the police or
Magistrate.
II. in preventing or suppression of the breach of peace; or
III. in prevention of any injury attempted to be committed to any railway,
canal, telegraph or public property. [S.42].
Q.15. Can any person other than a police officer, may add in execution of a
warrant issued by the Court?
A. Yes. [S.43}.
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Q.16. Whether public is competent to give information of any offence to a police

officer committed within their presence?
A. Yes, but not in every offence.
Q.17. Specify those offences?
A. Those offences are under the Pakistan Penal Code as follows:
121, 121-a, 122, 123, 123-a, 124, 124-a,125, 126, 130, 143, 144, 145, 147,
148, 153-A, 161, 162, 163, 164, 165, 168, 170, 231, 232, 255, 302, 303,
304-A, 364-A, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436,
449, 450, 456, 457, 458, 459, 460 AND 489-A [S.94].
Q.18. Who is proclaimed Offender?
A. Proclaimed offender includes any person, proclaimed as an offender by any
Court or authority, established or continued by the Central Government in any part
of Pakistan in respect of any act which if committed in Pakistan, would be
punishable, under any of the following sections of the Pakistan Penal Code,
namely, 302, 304, 382, 392, 394, 395, 396, 397, 398, 399, 403, 435, 436, 449,
450, 457, 458, 459 and 460. [S.45 (2)].
Q.19. Can police or any other person conduct search or arrest the person?
A. Yes, it can be done under the warrant of arrest/search.
Q.20. If the police officer has no search warrant, is he not authorized to arrest the
person finding him guilty of the cognizable offence?
A. If the warrant is issued but the police officer has not obtained for time being,
he can arrest the accused, if he finds that person escaping from the place.
[Section 48].
Q.21. Can police officer enter into house to arrest the accused without search
warrant?
A. No. Police officer cannot enter a house when there is no permission
obtained by police in terms of section 47, 48 of the Code.
Q.22. If there is information on the record of police officer that the person is
fugitive from the law, can the police officer in such circumstances arrest that
person without search warrant?
A. Mere mention of entry on basis of arrest of fugitive from law would not
justify and grant the jurisdiction to police officer to enter the house. NLR 2002
Criminal Lah.337.
Q.23. Under which provision of the Criminal Procedure Code, the search of the
arrested person can be conducted by the police officer?
A. U/s 51 of the Code.
Q.24. In case the accused is woman, how police officer will conduct the search?
A. When it is found necessary to cause a woman to be searched, the search
shall be caused with another woman with strict regard to decency. [S.52].
Q.25. In what circumstances, the police may arrest without warrant?
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A. Within meaning of section 54 of the Code, the following exceptions are

provided for arrest of the person without warrant:
I. Person who is guilty of cognizable offence followed by such
information.
II. Person finding in possession of implements of house breaking.
III. Proclaimed offender.
IV. Person found with possession of any stolen property.
V. Person obstructing police officer in his duties or escaping from his
custody.
VI. Deserter of the armed forces.
VII. Person finding guilty under the law relating to extraditions.
VIII. Any released convicted, committing breach of rule u/s 565 (3).
IX. Any person against requisition is received from another police officer.
[Section 54].
Q.26. Can a private person arrest another person under the provisions of Code, if
yes, under what circumstances?
A. A private person within meaning of section 59 can arrest any person finding
in:
I. Committing non-bailable offence and cognizable offence;
II. Proclaimed offender.
Q.27. What shall be done by the police officer, when he arrest any person in
cognizable cases without warrant?
A. He shall without any amount of delay causes the arrested person produced
before the nearest Magistrate of the jurisdiction. [S.60].
Q.28. For how long an arrested person may be kept in police custody?
A. As provided u/s 61 of the Code, an arrested person cannot be detained in
custody for more than 24 hours.
Q.29. After lapse of 24 hours time, what legal course is to be adopted by the
police officer?
A. When it is found that the required process of investigation cannot be
completed within 24 hours time, as provided by section 61 of the Code, and there
is likelihood that further information or accusation is well founded from the
accused, the in-charge of police station not below the rank of Sub-Inspector shall
forthwith transmit the accused to the nearest judicial Magistrate to obtain further
time. [S.167].
Q.30. What may be the available criteria to the Magistrate to grant time to the
police to collect the information from the accused?
A. From the available resources brought on record before the Magistrate by
the police, the Magistrate will grant time when it will appear to him that necessary
information is stocked with the accused, which is well founded in furtherance of
investigation; he will extend the time and give back accused in custody with police.
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Q.31. Normally what may be the period for remaining of accused in police
custody?
A. For a term not exceeding 15 days. However, such period is invariably
granted in portions so that the accused should not suffer harassment at the hands
of police.
Q-32. Whether discharge order passed by the Magistrate in favour of accused is
absolute and conclusive order?
A. No. It is not final order. However, the accused can be summoned by the
Magistrate as and when any incriminating evidence is gathered against him and
brought on the record. [S.63].
Q.33. What Magistrate shall do if any offence is committed within his presence?
A. He may arrest or direct arrest of the person committing an offence in his
presence. [S.64.65].
Q.34. Under which provision of Cr. P.C, the procedure as to issuance of warrant
is provided?
A. Under section 75 of the Code.
Q.35. Whether Court of Sessions or Magistrate can issue a warrant for its
execution when no through its appointed process servers or bailiffs?
A. It is imperatively provided u/s 77 of the Code that warrant of arrest shall be
directed to one or more police officers for its execution. However, of its immediate
execution when no police officer is available for execution, the warrant of arrest
may be directed to any of the persons for its execution. [S.77].
Q.36. What is the jurisdictional limit as to execution of the warrant of arrest?
A. Warrant of arrest may be executed at any place in Pakistan. However, in
case of execution of warrant in another Province, the same may not be forwarded
to the police officer; but to the concerned Court of Magistrate or Sessions or to the
District Superintendent of police of the jurisdiction. [S.82 + 83].
Q.37. How a written proclamation is issued by the Court?
A. When a Court is satisfied after recording an evidence that a person
evidence that a person against whom a warrant has been issued, has absconded
himself or concealed himself from execution of warrant, such Court may publish a
written proclamation requiring him to appear at a specified place on specified time
not less than thirty days from issue of such proclamation.
Q.38. What may Court do after issue of proclamation?
A. The Court after issuance and satisfaction as to execution of proclamation
may at any time order attachment of any property, movable or immovable
belonging to the proclaimed offender. [S.88].
Q.39. For what purpose the Court may desire written instrument, document or
other written object to be produced or discovered?
A. For the purpose of any investigation, inquiry, trial or other proceedings
under the Code by or before such Court or such officer. However, for inquiry or
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investigation the document will be needed before the police officer and of trial,
before the concerned Court of criminal jurisdiction. [S.94].
Q.40. What documents are prohibited for production before the Court?
A. Any document or thing lying in the custody of a Bank or bankers as defined
in the Banker’s Books Evidence Act, 1891.
Q.41. If upon summon or requisition made by Court the document or any
instrument is not produced before the Court, what measures shall be taken by the
Court?
A. The Court will issue search warrant for production of the required
documents within meaning of S.96 of the Code.
Q.42. How the discovery of a person wrongfully confined is made?
A. When the Magistrate of the first class has reason to believe that the
confinement of a person amounts to an offence, he may issue a search warrant
within meaning of section 100 Cr. P.C. for discovery of the confined person to be
immediately produced before him.
Q.43. With whom the jurisdiction as to prevention of offences of security keeping
the peace and for good behavior is resting?
A. Such a jurisdiction under the preventive offences as provided under section
106, 107, 108, 109 and 110 lies with the Magistrate of the first class to control the
situation and obtain security from the violators for peace and tranquility.
Previously, the Executive Magistrates were having with jurisdiction in such
offences; however, by amendment Ordinance XXXVII of 2001, dated 13.8.2001,
the jurisdiction from the Executive, or District Magistrates has been taken away.
Q.44. What requisite process is to be ensured by the Magistrate of the first class
against violation of section 107, 108, 109 and 118 of the Code?
A. On the basis of some information, where the Magistrate of the first class
comes to the conclusion that any person is likely to commit a breach of peace or to
disturb the public tranquility or to do any wrongful act that may probably occasion
a breach of peace, the Magistrate in sufficiency of material concluding for
proceedings, will require such person to show cause, why he should not be
ordered to execute a bond with or without sureties for keeping a peace for a
particular period as desired by the Magistrate within meaning of the penal
provisions so as to number, character and class of sureties (if any) required.
[S.112].
Q.45. In case when Magistrate finds a serious apprehension that he breach of
peace could not be averted, and the accused is not before the Court, what steps
than shall be taken by the Magistrate?
A. The Magistrate may issue a warrant for the arrest of the person and it is
also the legal requirement that the Magistrate shall assign reasons in writing for
taking the extra ordinary steps. PLD 2001 Kar.235.
Q.46. Define “Public Nuisance” under Cr.P.C?
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A. Public Nuisance u/s 133 of the Code means unlawful obstruction or

nuisance caused to river or channel which is or may be lawful used by public, or
from any public place, or that the conduct of any trade or occupation or the
keeping of any goods or merchandise is injurious to the health or physical comfort
of the community; or construction of any building likely to occasion an explosion;
or dangerous condition of any erected building; any excavation of tank or well.
Q.47. What recourse shall be adopted by the Magistrate to remove such public
nuisance?
A. The Magistrate after getting satisfied through such evidence will pass
conditional order, requiring the person causing such nuisance to remove such
obstruction or nuisance; or to desist from carrying on, or to remove or regulate in
such manner as may be directed; or to prevent or stop the erection of; or to
remove, repair or support such building, tent or structure etc. [S.133].
Q.48. By whom an order u/s 144 of the Code as to cases of nuisance or
apprehended danger, is to be passed?
A. By the Zila Nazim.
Q.49. What may we call the provision of S.144 in order to safeguard the interest
of individuals and to preserve the peace and tranquility?
A. The provisions of S.144 Cr. P.C is called the transitory provisions for
temporary situation to facilitate the stop gap arrangement till alternate measure
could be taken to safeguard the interest of the individuals and to preserve the
public peace and tranquility.
Q.50. Under which provision of Cr. P.C the deputes regarding immovable
properties are resolved?
A. Under section 145 of the Code.
Q.51. For what the proceedings of section 145 is initiated?
A. Proceedings u/s 145 is meant to prevent a breach of peace and to avert
any dispute as a precautionary measure. 1998 PCr.L.J240.
Q.52. Can Magistrate take cognizance u/s 145 Cr. P.C when the civil suit in
respect of same property is pending adjudication?
A. No. Magistrate will cease to deal with possession of disputed property
before him, when matter is subjudiced before the Civil Court and has passed such
an order in respect of the disputed property. In such a case, if apprehension of
breach of peace prevails, Magistrate can take action u/s 107/151 Cr. P.C and bind
down party threatening to act in violation of order of Civil Court. PLJ 2001
Cr.C.762.
Q.53. Can a police officer arrest without warrant?
A. When a police officer finds any person committing or designing to commit
any cognizable offence may arrest without order from a Magistrate and without a
warrant, when it appears to the police officer that the commission of the offence
cannot be otherwise prevented. [S.151].
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Q.54. What procedure shall be adopted by the police officer as and when and
information regarding cognizable offence is given to him?
A. When any information relating to the commission of cognizable offence is
given to the police officer, said information shall be reduced or directed to be
reduced in writing under his direction. In case of information of writing, shall be
signed by the informer.
Q.55. What is the legality or property of the FIR?
A. FIR is an important public document and may be put in evidence to support
or contradict the evidence of the person, who gave the information. PLD 1960
Kar.674.
Q.56. Can FIR be used as substantive piece of evidence against any accused at
trial?
A. No. FIR merely sets in motion the criminal law and it could not be used as
substantive piece of evidence against any accused. Moreover, any observation
made in the FIR pertaining to the merits of the case, which is yet to be tried,
cannot be used against the accused at the trial. 2001 SCMR 1556.
Q.57. When FIR becomes substantive piece of evidence?
A. When the contents of FIR are affirmed on oath and subject to the test of
cross examination.
Q.58. What is the legality of FIR in view of the Quanoon-e-Shahadat Order, 1984?
A. Under Articles 140 and 153 of the Quanoon-e-Shahadat Order, the purport
of FIR is as that of previous statement which can be used for the purpose of
contradicting and corroborating its maker. Unless FIR is proved in accordance with
the provisions of Quanoon-e-Shahadat Order, it is no evidence at all and cannot
be taken as proof of anything stated therein. PLD 2001 Pesh.132.
Q.59. What shall do the police officer, when any information regarding non-
cognizable offence is given to him?
A. The police officer shall enter in the Book, the substance of said information
and refer the information to the Judicial Magistrate. [S.155].
Q.60. Can police officer reinvestigate in non-cognizable offence?
A. No. He cannot re-investigate without the order of Magistrate, who has
power to try such case. However, after receipt of an order of investigation, he can
investigate in the same manner as that of cognizable offence, excepting the power
to arrest without warrant.
Q.61. What is the manner and procedure as to examination of witnesses by the
police officer?
A. Any police officer making investigation of the case may examine orally any
person supposed to be acquainted with the facts and circumstances of the case
u/s 161 Cr. P.C.
Q.62. Whether a statement of any witness recorded u/s 161 can be held as
substantive piece of evidence?
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A. No, unless such evidence is found corroboratory to the prosecution case

after cross examination of the witness.
Note: A statement of witness u/s 161, though reduced in writing yet does not bear
signature of the witness. Likewise FIR, the statement u/s 161 can be used for the
purpose of contradicting and corroborating its maker.
Q.63. Under which provision of law, it is provided that the statement of witness,
reduced in writing shall not be signed by its maker?
A. U/s 162 of the Criminal Procedure Code.
Q.64. Section 164 of Cr. P.C provides recording of confession by the accused
before Magistrate. Can witness is permitted to record his statement u/s 164 before
Magistrate?
A. Yes, under clause 1-A, of 164, added by Ordinance XII of 1972, the witness
can record his statement before Magistrate. However, such statement shall be
recorded in presence of accused and the accused shall have an opportunity to
cross examine the witness.
Q.65. Define:
1. Exculpatory confession
2. In culatory confession
3. Judicial confession
4. Extra Judicial confession
5. Confession before police
A. 1. Exculpatory confession: Any person not implicating him with the
alleged crime or partly admits or partly denies is an acknowledgment of
subordinate fact not involving him directly into the guilt is an exculpatory
confession.
2. In culpatory confession: An inculpatory confession is the total
acknowledgment of one’s guilt in terms of offence. It is an admission of all facts,
which constitute an offence. If statement is of such a nature, which is held or found
sufficient warranting conviction is admissible in evidence. If the making of the
confession is found by the Court to have been recorded without inducement, threat
or promise having reference to the charge against the accused, the same would
be admissible as inculpatory.
3. Judicial confession: Judicial confession is an examination of the
accused before the Magistrate, where he voluntary admits the guilt, which he
committed in the commission of the offence. The following are its pre-requisites:
I. Confession made in immediate presence of Magistrate.
II. Confession leading to the discovery of facts.
III. Confession without any inducement, threat or promise.
[Ref: Chapter III of Quanoon-e-Shahadat Order].
4. Extra Judicial confession: Extra Judicial confession is that
confession which is not made before the Court or Judicial Magistrate. It is for the
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Court to see, examine and analyze the manner under which it is taken and
recorded. Its admissibility will be subject to surrounding circumstances, more
particularly the circumstances evidence in its corroboration. Its meaning is that any
confession recorded in extra Judicial manner.
5. Confession before police: A clear bar is contained u/Articles 38 and
39 of the Order, 1984, whereby the police officer cannot record the confessional
statement of an arrested accused by himself. Moreover, Article 40 of the Order
also provides that no confession made by any person who is in custody of police
officer shall be proved against him unless it is made in the immediate presence of
the Magistrate.
Q.66. What procedure shall be adopted by the police when investigation cannot
be completed within 24 hours?
A. When the person is detained in custody and investigation has not been
completed within 24 hours time and the officer in-charge of police station has
reason to believe that the accusation is well founded, the accused shall be
transmitted to the nearest Magistrate for seeking further time to investigate the
accused.
Q.67. Who will produce the accused before the Magistrate to seek further time to
investigate into the matter?
A. The police officer in-charge of police station or the police officer making the
investigation not below rank of Sub-Inspector.
Q.68. For how a long period, the Magistrate will allow the police officer to keep the
accused in custody for investigation purpose?
A. For a term not exceeding 15 days. However, it is discretion of the
Magistrate to grant the 15 days time in one stroke or in portions.
Q.69. What is the legal imposition upon the Magistrate to give the accused in
police custody for investigation?
A. When it is found by the Magistrate that there are reason able grounds that
accusation is well founded or the accused is holding some material information,
which is to be gathered by the police in the recourse of investigation, the
Magistrate will order the custody of accused to be given to the police for further
investigation.
Q.70. In case, the Magistrate finds that the accusation is not likely to be founded
or the investigation is almost complete or the recovery is made effected from the
accused, what order shall be passed by the Magistrate?
A. In such circumstances, the Magistrate will transmit the accused in judicial
custody instead of police custody and will direct the police officer to present the
charge sheet instantaneously to proceed with the trial.
Q.71. When evidence brought before the police officer during investigation is
insufficient proving guilt of accused what recourse is provided under the law?
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A. Under section 169, when it appears to the officer-in-charge of police station,

or to the officer making the investigation that there is not sufficient evidence or
reasonable ground for suspicious to commit the accused before the Magistrate for
remand or trial, such officer, if accused is in custody, release him on his executing
a bond with a without sureties.
Q.72. Whether discharge order would close the chapter of investigation?
A. No. The accused will be required to appear before the Magistrate as and
when desired irrespectively the police officer discharged him.
Q.73. Can police officer exercise the power under section 169 to release the
accused after the accused is challaned before the Court?
A. No, powers u/s 169 Cr. P.C could only be exercised by the police during
course of investigation when the accused was in custody of police. Once the
challan was submitted u/s 173 Cr. P.C, the provision u/s 169 would not be
attracted. 2001 MLD 1096.
Q.74. Could Court or Magistrate release the accused under section 169 Cr. P.C?
A. No. It was held in NLR 1987 SCJ 236 that order of Additional Sessions
Judge releasing and discharging the accused could be made u/s 173 and not u/s
169.
Q.75. What the police officer shall do when sufficient evidence is collected by him
against the accused during investigation?
A. Upon investigation of the case where it appears to the in-charge of police
station that there is sufficient evidence or reasonable ground against the accused
in proof of his guilt, such police officer shall take the accused before the Magistrate
for his trial.
Q.76. If the offence is bail able one and the accused is on bail what procedure
shall be adopted by the police officer?
A. If the offence is bail able one, the police are competent to accept security
from the accused with direction to him to attend before the Court of Magistrate on
the day fixed by him for trial.
Q.77. If Magistrate of the first class/Judicial Magistrate cancel a criminal case/FIR
within his powers, what is the remedial recourse in law?
A. Such order of Magistrate is not challenge able in revisional jurisdiction of
High Court U/Ss 435 or 439. Whereas, such an order can be challenged u/s 561-
A, when High Court reaches a conclusion that such an order amounts to abuse of
the process of Court and needed rectification u/s 561-A Cr. P.C NLR 2000 CA
604.
Q.78. Is there any provision under Cr. P.C empowering the Magistrate to cancel
the criminal case or FIR of his/her jurisdiction?
A. There is no such provision in the Code.
Q.79. Where is that provision are available in any statute?
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A. Some provisions are available in police Rules, 1934 in Chapter XXIV, Rule
7. The main grounds whereof are when it is found to be maliciously false or false
owing to mistake of law or fact or to be non-cognizable or a matter of civil nature.
Q.80. The police are authorized to conduct investigation in a cognizable offence
under section 172 of the Code. What procedure the police officer has to opt for
imperatively?
A. The investigation officer shall day by day enter his every proceeding of
investigation in a diary, setting forth the time at which the information reached him,
the time of his start and close of investigation, the place (s) visited by him and the
statement of circumstances ascertained through his investigation. [S.172].
Q.81. Whether a criminal court can use daily diary of police maintained in
compliance with section 172 Cr. P.C, as piece of evidence in trial?
A. No.
Q.82. What is the purpose of such diaries in the process of trial, if summoned by
the Court?
A. Such diaries can be used in aid of such inquiry or trial to cancel such inquiry
or trial to connect the links of factors under which the police commences the
investigation.
Q.83. What is the time frame provided to the prosecution for completion of
investigation of the crime?
A. 14 days.
Q.84. If investigation is not completed during the specified period, then?
A. An interim challan will be presented within three days time after expiration
of 14 days mandatorily time as to submission of final challan.
Q.85. When the time of 14 days commences for presentation of challan?
A. 14 days will be commenced from the date of recording of the FIR u/s 154
Cr. P.C.
Q.86. Whether the Court will commence the trial on the basis of interim report or
wait for final challan?
A. The Court will treat the interim challan as final one and will commence the
trial. In case the Court waits the final challan, the trial will not be commenced; and
the Court will record the reasons for so doing.
Q.87. When the offence is exclusively tri able by the Court of Sessions and the
Magistrate orders discharge of the accused on the police report is. Is Magistrate
competent to do so?
A. Yes.
Q.88. Elucidate your answer with proper reference or the case law?
A. Power to discharge the accused in cases tri able by Special Court or
Sessions Court exclusively lies with the Magistrate and not with the trial Court, i.e
Court of Sessions or Special Court. [PLJ 1996 Lah.680+2000 P Cr. L.J 430+PLD
2001 Lah.271].
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Q.89. Justify your answer with particular reply, why power of discharge is
conferred upon the Magistrate even in those cases which are not tri able by him?
A. In order as to discharge of accused by the Magistrate is an administrative
order and not a judicial order.
Q.90. Whether such an order can be challenged in the revisional jurisdiction?
A. No. PLD 2001 Lah.271.
Note: A complete and comprehensive survey and analysis of law followed by true
legal effect and purport of term “discharge” of an accused person in a criminal
case has been propounded in a case law reported in PLJ 2001 Cr. C.557 in the
following expression:
(i) Concept of discharge is relatable only to custody of an accused
person in a criminal case and it has no relevance to anything else
during an investigation or a trial.
(ii) Investigation officer of a criminal case may discharge an accused
person under section 63 of Code of Criminal Procedure and release
him from custody during investigation on executing a personal bond
regarding his appearance before investigation officer or a Magistrate
whenever required to do so during investigation. Likewise under
same provision of law an accused person may be discharged from
custody during investigation either on bail or under special order of a
Magistrate.
(iii) Upon receipt of police report under sub-section (3) of Secant 173 of
Code of Criminal Procedure a Magistrate may discharge an accused
person on his bond if such an accused person has already been
released upon executing a bond.
(iv) There is difference between discharges of an accused person. An
investigation officer on a bond or on bail or under special order of a
Magistrate under section 63 of Code of Criminal and discharge of
such an accused person of his bond by a Magistrate under sub-
section (3) of section 173 of Code of Criminal Procedure as in former
case accused person is released on condition of executing a bond
whereas in latter case he is released of his bond making his release
unconditional and unfettered for time being.
(v) Discharge of an accused person does not amount to something of
investigation qua him, cancellation of case against him, termination
of his prosecution of his acquittal.
(vi) A discharged accused person can always be associated by police
with investigation of given criminal case at any subsequent stage
during investigation without obtaining any permission from
Magistrate discharging said accused person as long as that accused
15 | P a g e

person is not to be taken into custody during such subsequent

investigation.
(vii) If after having been discharged by a Magistrate police needs to
arrest an accused person during any subsequent stage of
investigation then a formal permission from Magistrate is necessary
for purpose.
(viii) Discharge of an accused person has nothing to do with prospects of
such an accused person ultimately facing a trial or not as his
discharge is not from case but only on or of his bond.
(ix) Whether an accused person had been discharged or not and
whether police had opined about his guilt or not in its report under
section 173 of Code of Criminal Procedure are facts which are
irrelevant to issue whether cognizance of offence is to be taken or
not and whether such an accused person is to be summoned or not
to face a trial because such decisions are to be made by Magistrate
taking cognizance of offence and trial court on basis of material
collected during investigation and attending circumstances of case
and not on basis of any opinion formed by police on basis of such
material.
(x) Discharge of an accused person by a Magistrate is not possible after
taking of cognizance of case of trial Court.
(xi) An order regarding discharge or otherwise of an accused person lies
within competence of a Magistrate having jurisdiction to take
cognizance of offence and it has no relevance to question as to
which Court is to ultimately try offence in question unless a special
statute provides otherwise specifically.
(xii) An order regarding discharge of an accused person is an
administrative and not a judicial order.
(xiii) An order regarding discharge is essentially a discretionary order
which may not ordinarily be interfered with by a higher forum unless
strong and compelling reason exists from such interference.
Because of importance of legal issues involved in case and in order
to remove some confusion prevailing among subordinate judiciary
and police regarding such issues High Court found it desirable that
this judgment should he circulated among all relevant quarters-
Additional Register of High Court was, therefore, directed to send
copies of judgment to all Sessions Judges in Province of Punjab who
shall then ensure that Presiding Officers of all criminal Courts within
their respective jurisdictions receive a copy of this judgment for their
information and guidance--- Additional Register was also directed to
send a copy of judgment to Inspector General of Police, Punjab who
16 | P a g e

shall then cause copies of this judgment to be sent to all Deputy

Inspector Generals of Police, Senior Superintendents of Police and
Superintendent of Police who shall ensure that every Station House
Officer of every Police Station in Province of Punjab receives a copy
of judgment for his instruction and compliance. Inspector General of
Police, Punjab shall submit a report before Additional Register of
High Court regarding compliance of this direction.
Q.91. Can the accused person claims for malicious prosecution in a suit against
complaint after he is discharged from the Court on release by the police during
investigation?
A. No. Malicious prosecution can be claimed on acquittal; whereas, discharge
is not conclusively an acquittal. There is marked difference between discharge and
acquittal.
Q.92. It is true that the Magistrate is competent to order discharge of the accused
even in case of sessions trials. Can Magistrate discharges the accused in such
cases where challan is presented to the Sessions Court and cognizance is taken
on such challan?
A. Not in such cases. The power of the Magistrate as to discharge of the
accused follows the police report, whereby the accused is released. It shows that
the release of the accused is during investigation by the police and such a note is
contained in the charge sheet, upon which the Magistrate orders for discharge if
he is satisfied that the release of accused by the police was justified. In such a
case, Magistrate does not bother to commit the case to the Sessions Court, but
orders discharge of the accused for the reasons recorded there under. Moreover,
after submission of challan to the Court competent jurisdiction, which has taken
cognizance of the case, the Magistrate is not competent to pass the discharge
order, 2001 SD 286.
Q.93. Which category of the Magistrates is competent to hold inquests?
A. The Magistrate of the first class.
Ref. Amended Ordinance XXXVII of 2001 sub-section (5) of S.174 date 13.8.2001.
Q.94. It is generally provided in Cr. P.C that every offence shall ordinarily be tried
and inquired by the Court within the local limits of whose jurisdiction it was
committed. What is the procedure for trial of the cases in different session’s
divisions?
A. It is the power of the Provincial Government for trial of the cases in any
other district or session’s division and such cases are to be sent in different
divisions in compliance of the directives. [S.178].
Q.95. Where offence was committed at one place and completed at another
place, where may be held the trial?
A. The trial may be held at any one of the two places. 1993 SCMR 1901.
17 | P a g e

Q.96. Under which provision of Cr. P.C the Magistrate is empowered to take
cognizance of the offences?
A. U/s 190 Cr. P.C.
Q.97. Which are those cases for taking cognizance by the Magistrate?
A. 1. Upon receiving complaint of facts which constitutes an offence;
2. Upon report in writing of such facts made by any police officer;
3. Upon information of private persons or suspicion or knowledge of the
Magistrate that such an offence has been committed which is tri able
by him or Court of Sessions.
Q.98. Can the Court of Sessions take cognizance of any offence as a Court of
original jurisdiction?
A. No.
Q.99. Explain why?
A. Within meaning of section 193 Cr. P.C, the Court of Sessions is not
authorized/empowered to take direct cognizance into the sessions cases, unless
the case is sent to it by a Magistrate under section 190 (3) Cr. P.C.
Q.100. Whether the Special Court can take cognizance of the case directly
in the same manner as that of Magistrate of the first class u/s 190 of the Code?
A. Yes, the Act has authorized the Special Court under special
procedure without reference or aid of the Criminal Procedure.
Q.101. There are certain offences under PPC, by which the Courts of
Sessions or Magistrates are made mandatorily prohibited from taking of direct
cognizance upon police report. What is the procedure for taking cognizance of
those offences?
A. Within meaning of section 195 Cr. P.C, some restriction is imposed
upon the Court from taking of the cognizance. For offence u/s 172 to 188 PPC, the
cognizance is to be taken upon the complaint in writing of the public servant
concerned or any other of his superiors. For offences from section 193 to 196, 199
to 200, 205 to 211 and 288 PPC, the cognizance is to be taken upon complaint in
writing of such Court or its superior Court. For the offence u/s 463, 471, 475 or 476
PPC relating to any document, upon complaint of such Court or any other court to
which such Court is subordinate.
Q.102. In which cases section 195 Cr. P.C would apply?
A. Section 195 would apply to only the cases, which have clearly nexus
between the offences and proceedings in the Court. 1998 P. Cr. LJ 1126.
Q.103. For what purpose, the provisions of section 195 Cr. P.C would
apply?
A. Section 195 Cr. P.C is applied towards prosecution for contempt of
lawful authority of public servant.
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Q.104. Whether the provisions of section 195 Cr. P.C are mandatory or
obligatory?
A. Mandatory.
Q.105. SDM passed order u/s 144 Cr. P.C, which was violated. SHO of the
concerned jurisdiction lodged FIR u/s 188 PPC as complainant of the case. The
Court takes cognizance on such report. Whether cognizance taken by the Court is
legal or illegal?
A. Not only illegal but void ab initio; the SDM had to act as a
complainant upon making such complaint in writing. 2001 P.Cr. L.J 414.
Q.106. Section 106-A Cr.P.C relates to prosecution of criminal conspiracy.
Can the police make direct investigation to explore the offence of criminal
conspiracy?
A. An investigation of criminal conspiracy by police or any other agency
is illegal without sanction of the Provincial or Central Government as the case may
be. 1940 P.Cr.L.J1708.
Q.107. In case, when a judge, Magistrate or any other public servant is
found guilty of any offence in discharge of his official duty. What is the procedure
of his prosecution?
A. In case of Judge, Magistrate or Public servant of Central
Government, prior sanction of President of Pakistan is mandatory and in case of
Provincial Government, the Governor of the Province. [S.197].
Q.108. In the direct complaint recorded u/s 200 Cr. P.C by the Court of
Sessions or Magistrate, can the preliminary enquiry (P.E) be got conducted
through police u/s 202 Cr.P.C?
A. Yes.
Q.109. Why police and why nort any other subordinate Court?
A. The Court has to ascertain the truth or falsehood of the complaint.
Magistrate or Court of Sessions can make inquiry in any manner, as the provisions
of 202 are not obligatory; rather an enabling provision, thereby the Court can get
inquiry done any quarter. 1991 P.Cr.L.J81 & 1998 SCMR 922.
Q.110. Direct complaint is dismissed u/s 203, state the grounds of
dismissal?
A. When the court of Magistrate or Sessions after considering the
statement on oath of complainant and the result of investigation or inquiry u/s 200
Cr.P.C, finds no ground sufficient for proceedings. In such cases the Court will
dismiss the complaint recording the reasons there for.
Q.111. The proceedings of direct complaint are commenced u/s 204. The
process is issued by the Court against the accused, who is prima facie held guilty
of the charged offence. Explain the mode of process issued by the Court?
A. It is just for the Court taking cognizance of the offence that there is
sufficient ground for the proceeding and the case appears to be one in which
19 | P a g e

summons to be issued according to the fourth column of the second scheduled of

Cr.P.C against the accused in the first instance.
Q.112. Whether Court cannot issue warrant in the first instance ?
A. The Court may issue a warrant as per its discretion. However, in
summon case, the Court prefers to issue summons in the first instance and in
warrant case, issues warrant in the first instance.
Q.113. Whether issuance of warrant in summons case is legal one ?
A. No. It is illegal. PLD 1962 Lah. 411
Note: Now in present structure of Cr. P.C with all the amendments and
enactments up to date, popularly called (mutatis mutandis) there is no summon
case mostly tri able by the Court of sessions.
Q.114. Can criminal Court review its own order ?
A. No, there is no scope of review in criminal law. NLR 2001 Cr.SC 266
Q.115. Whether a Magistrate in complaint proceeding is competent to direct
police to register case?
A. No. He is bound u/s 204 either to take cognizance of the case or to
dismiss the complaint. 2001 SD 564
Q.116. Can the Court dismiss the complaint’ s case? Which is cognizable
and non-compoundable for want of prosecution?
A. No.These cases are to be decided either u/s 203 or 204 by an order.
Q.117. What is the procedure when the Magistrate orders dispensation of
the personal attendance of the accused from the Court proceedings?
A. In a summon case, when Magistrate issues summon, he may
dispense with the personal attendance of the accused and permit him to appear by
his Pleader. [S.205]
Q.118. In case there is a warrant case, can Magistrate dispense with
personal appearance of accused?
A. In a warrant case, the dispensation is not provided; however, the
Magistrate within his competence can convert the warrant into summons and order
for dispensation accordingly.
Q.119. What material is needed to from the charge against the accused
under chapter XVIII of the Code of Criminal Procedure?
A. A from of the charge is provided u/s 221 of the Code, whereby the
charge is to be framed on the basis of the material placed before the trial Court.
Moreover, the Court is not bound by the inquiry report u/s 202 Cr. P.C or in police
challan case, by the report u/s 173. As regards, material to from the charges:
“Charges must contain all material particulars as to time, place, as well as specific
name of the alleged offence; the manner in which the alleged offence was
committed; and the particulars of the accused so as to afford an opportunity to the
accused to explain the matter with which hi is charged” .
20 | P a g e

Note: Purpose behind giving such particulars is that the accused should
prepare his case accordingly and may not be misled in preparing his defense.
Q.120 How validity of the charge is to be judged?
A. On the basis of accusation as given in prosecution story and not on
the basis of evidence ultimately led in the case. 1997 P. Cr. L.J 1030
Q.121 Whether Court can amend the charge, if yes, at what stage of the
rial?

A. The Court can amend the charge at any time before judgment is
pronounced. [S. 227]

Q.122 Whether such an amended charge can be again read and explained
to the accused.

A. Yes, every such alteration or addition shall be read and explained to

the accused.

Q.123 The accused was charged with one offence and convicted to
another. Is it permissible to law?

A. Yes. As provided u/s 237 of the Code A reply is returned with the
following illustration. `A` is charged with theft. It appears that he committed the
offence of receiving stolen goods. He may be convicted of receiving stolen goods,
though he was not charged with such an offence.

Q.124 For trial of the cases by Magistrate the supply of statement and
documents to the accused is provided u/s 241-A. Return your answer with specific
mention how much days before commencement of the trial those documents are
to be supplied to the accused?

A. These documents are supplied mandatory free of cost to the

accused not less than seven days before commencement of the trial.

Q.125 Which are those cases in which such documents are to be provided
to the accused?

A. In all those cases which are instituted upon police report.

Q.126 Under which type of case, these documents are to be provided to the
accused?

A. Statements are not supplied in the cases which are trial summarily or
punishable with fine or imprisonment not exceeding six months.

Q.127 Give description of those documents / statements supplied to the

accused in compliance with S.241-A Cr.P.C?

A. Those documents are:

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Copies of statements of all witnesses recorded U/Ss 161 and 164 Cr.P.C and all
the inspection notes recorded by an Investigation Officer on his first visit to the
place of occurrence.

Q.128 Under which provision of the Code, the charge is to be framed

against the accused?

A. U/s 242 Cr.P.C.

Q.129 In case the accused admits the truth of allegation made in the charge
before the Court of Magistrate, what procedure shall be adopted by the
Magistrate?

A. The plea of accused as to denia or admission of the accusation

contained in the charge against him u/s 244 and in case of admission he should
be convicted u/s 243.

Q.130 In case of admitting the charge voluntarily, whether the Court will
convict the accused in full or some lenient view will be taken?

A. Generally the Courts take lenient view in awarding conviction for

those cases which are admitted during framing of the charge, although there is no
such provision of leniency provided in law.

Q.131 U/s 245 Cr.P.C, the acquittal of accused is provided, whether such
acquittal is at any stage of the proceedings; or before or after recording of the
prosecution witnesses?

A. An acquitted u/s 245 (1) commences after recording of evidence,

though evidence may be fully or partly examined.

Q.132 In case of non attendance of the complainant on the date of hearing

of the case, what steps shall be taken by the Magistrate as per law?

A. On default of complainant`s appearance, Magistrate has discretion

either to dismiss the complaint and acquit accused or to adjourn the hearing. 1993
SCMR 1902.

Q.133 Withdrawal of the complaint is provided u/s 248 of the Code, whether
the Court will simply allow withdrawal or pass some other order in addition?

A. It is within the powers of Magistrate to see and ensure whether such

grounds exist to allow a withdrawal of the complaint. If withdrawal is permitted then
Court will pass further order as to acquittal of the accused.

Q.134 U/s 249 Cr.P.C, the Magistrate finds that further proceedings cannot
commence for want of PW`s and stops the proceedings of the case and release
the accused. Whether such release amount to acquittal or discharge of the
22 | P a g e

accused, and whether such an order of Magistrate amounts to judgments?

Elaborate your answer.

A. Release of accused by Magistrate u/s 249 is simply order and no

final or conclusive judgment. Release of accused is subject to revival of trial as
and when complainant and witnesses are present and the trial will be commenced
from the stage it was discontinued. Release of accused in these circumstances
does not amount acquittal. 2001 Cr.L.J.590.

Q.135 Likewise 249 Cr.P.C, the Magistrate acquits the accused u/s 249-A
finding that the charge was groundless and no conviction can be passed on said
charge. Whether order of acquittal can be recalled by the Magistrate, when
complainant or witnesses appear before the Court for their evidence.

A. No, order of the acquittal is conclusive and final and mainly based
upon the deficiency of the charge. U/s 249 the proceedings were stopped without
any order of conviction or acquittal; whereas u/s 249-A of the Code the accused
has been acquittal on account of groundless charge. Such an order cannot be
recalled by the Magistrate.

Q.136 The Court grants compensation for malicious prosecution u/s 250.
False, frivolous or vexations accusation comes under malicious prosecution. The
Magistrate awards compensation findings false, frivolous and vexations accusation
against the accused person. How much penalty can be imposed by FCM and TCM
(Third Class Magistrate) to be paid to the accused?

A. By FCM, the compensation to such amount not exceeding twenty

five thousand rupees, and TCM not exceeding two thousand five hundred rupees.

Q.137 While taking cognizance u/s 250 Cr.P.C, what material evidence is to
be seen and appreciated by the Magistrate?

A. Magistrate has to satisfy that the complaint was:

(1) False
(2) Frivolous or Vexations. 1971 P.Cr.L.J.1991.
Q.138 Section 250-A Cr.P.C is a subsequent enactment, inserted Act XXV
of 1992 which provides punishment through special summons in case of petty
offence and the accused is not required to attend. How the conviction will be
enforced in absentia?
A. U/S 250-QA special summons isissued to the accused to appear on
specified date either in person of through advocate. In case the accused pleads
guilty to the charge, and does not appear before the Magistrate he, either by
registered post or special messenger, transmit the plea of guilt to the Magistrate
along with fine amount specified in the summons. The accused can also authorize
23 | P a g e

his advocate in writing to plead quilty of the charge on his behalf and to pay the
fine.
Q.139 Under which provision of law, the procedure of summary trial is
provided?
A. It is provided u/s 60 of the Code of Criminal Procedure.
Q.140 Whether formal charge is framed in summary trials?
A. No, PLD 1954 Dacca 66.
Q.141 In the cases where there is no appeal provided how Magistrate will
commence the trial?
A. In those offences/cases, where there is no provision of appeal, the
Magistrate or the Bench of Magistrates need not record the evidence of witnesses
or frame a formal charge.
Q.142. Explain how the procedure of conviction will be followed in the light
of particulars contained under section 263 Cr.P.C?
A. The particulars are given under section 263, which are to filled
accordingly.
Q.143 In cases, where there is provision of appeal, how will commence the
trial by the Magistrate?
A. The procedure is provided u/s 264, whereby those summary trials
which carry the provision of appeal are to be tried with recording of evidence and
further the particulars given u/s 263 are to be followed.
Q.144 By whom the prosecution is to be conducted before the Sessions
Courts in session` trials?
A. Public Prosecutor, popularly called P.P [S.265-A]
Q.145 For the trials before the Magistrate, the supply of statement and
documents is provided u/s 241-A, whether the documents and statements to the
accused for sessions trials is provided in the same section or some other one?
Explain.
A. For sessions trials, the statements and documents are to be supplied
to the accused u/s 265-C.
Q.146 The provisions of section 265-C are mandatory; as word “shall” is
used therein. What shall be the effect upon in case of non supply of the statement
and documents free of cost not later than seven days before comment of the trial
to the accused?
A. The trial will be vitiated. 1922 P.Cr.L.J.2603.
Q.147 In case accused pleads guilty on the plea recorded u/s 265-F of the
Code, whether it is binding upon the Sessions Court to record conviction?
A. There is no binding upon Sessions Court to award conviction to the
accused on admission of guilt. It is discretion of the Court to record or not to record
conviction of accused on his pleading guilty of the charge. The Court will record
evidence if the conviction is not recorded. 2000 P.Cr.L.J.837.
24 | P a g e

Q.148 Section 265-H of the Code provides acquittal or conviction of the

accused of the charge. Explain, whether the order of acquittal can be passed
before framing of the charge?
A. No. The innocence of accused will be seen in the wake of framed
charge and an acquitted u/s 265-H(1) is made after framing of the charge.
Q.149 U/s 249-A or u/s 265-K, the Magistrate or the Court of Sessions can
acquit the accused at any stage of the proceedings. Whether framing of charge u/s
249-A or 265-K is necessary before acquittal?
A. U/s 249-A or 265-K, the accused in mentioned to be acquitted at any
stage, The stage of trial commences after compliance of 241-A and 265-C Cr.P.C.
The process of framing of the charge comes later on. In such state of affairs the
accused can be acquitted before framing of the charge. However, some restriction
is imposed upon the Courts that before passing such an order, the Prosecutor is to
be heard. It is not necessary for acquittal of the accused after framing of the
charge.
Q.150 U/s 164, the statements of witness is to be recorded before the
Magistrate in presence of accused with an opportunity to the accused to cross
examines the witness, if he wants so. Such a statement can be used before
sessions trials irrespectively it was record by the Magistrate. Whether such a
statement is admissible in sessions` trials, if yes, where this procedure is
provided?
A. Within meaning of section 265-J of the Code it is discretion of the
Sessions Court to treat such an evidence in the case for all purposes as
admissible, provided such witness is produced and examined in support of such
recorded statement u/s 164.
Q.151 A term “accomplices” is defined under chapter XXIV, vides section
337 of the Code of Criminal Procedure, what is the role of accomplice in the
commission of offence and the value of his evidence?
A. The term “accomplice” is not available in the Evidence Act/Quanoon-
e-Shahadat Order, or in any other enactment. However some legal dictionaries
have defined this term. In Wharton`s Law Lexicon, 14th Edition it has been
described to mean one concerned with another or others in the commission of a
crime. The word “accomplice” is inter-chargeable with an associate in crime who is
consciously so connected with the criminal act done by his confederates, that he
on account of the presence of the necessary mensrea and his participation in the
crime in some way or the other can be tried along with the confederate actually
perpetrating the crime [AIR 1953 pepsu 82+ AIR 1953 VP.38].
Q.152 U/s 337 of the Code, the tender of pardon to the accomplice is
provided. Who will tender a pardon to accomplice?
A. The officer in-charge of the prosecution in the district, may at any
stage of the investigation or inquiry into, or the trial of the offence, with a view to
25 | P a g e

obtain the evidence of any person supposed to be directly or indirectly concerned

into the offence, tender a pardon to such a person.
Q.153 What is the condition precedent to tender pardon to the
accomplices?
A. A condition mainly as propounded is section 337 is that the
accomplice will make a full and true disclosure of the whole of the circumstance
within his knowledge relating to the offence and to every other person concerned.
Q.154 There is some restriction imposed upon accomplice of such a pardon
to be tendered to him procedurally, which is that one?
A. Procedurally a restriction is that a person who is involved in an
offence relating to hurt or qatl is not pardoned without permission of the victim or
the heirs of the victim (as the case may be).
Q.155 What are the essential requirements of the accomplice for examining
him as a witness?
A. An accused that was not legally discharged or lawfully tendered
pardon cannot be examined as a witness. 1970 P.Cr.L.J722.
Q.156 In a criminal trial whether an accused person can be termed as a
competent witness for his defence and can record his evidence on oath in disproof
of the prosecution story as well as evidence of PW`s before the Court?
A. Section 340(2) authorizes the accused as a competent witness of his
defence and recording of his evidence on oath in disproof of the charge and record
evidence of PWs.
Q.157 Accused appearing as his own witness in exercise of his right u/s
340(2) and stating in his evidence something against the complainant of the case.
What shall complainant do in such circumstances?
A. The complainant would have right to confront accused at his trial with
his first version before I.O. The provision of section 340(2) is to be read in
conjunction with first proviso of S.162 and Article 140 of the Quanoon-e-Shahadat
Order, 1984.
[NLR 2001 Cr.S.C 499+2001 SCMR 41].
Q.158 U/s 342, the statement of accused is to be recorded. Generally it is
said that such a statement is to be recorded after closing of the prosecution
evidence; so that the accused could confront the evidence of witness recorded
against him. Is it true?
A. No. It is purely a power and discretion of Court to examine the
accused at any stage of the trial or inquiry. It is contained u/s 342 Cr.P.C that:
“the Court may, at any stage of inquiry or trial with previously warning the
accused, put such question to him as the Court considers necessary”
Q.159 If statement of the accused is recorded before recording evidence of
the P.Ws, then naturally the Court will suggest the questions, which are framed in
the charge. Would it be admissible in law?
26 | P a g e

A. Court is not competent to ask accused of the charge for the second
time,
1997 P.Cr.L.J.1930.
Q.160 Under which section of the Criminal Procedure Code, the
compounding of the offence is provided?
A. U/s.345 Cr.P.C.
Q.161 A case is tried by the Magistrate whereby he frame the charge and
recorded evidence of the PWs. After termination of trial by recording statement of
accused u/s 342 and examining him oath u/s 340(2), the Magistrate starts writing
judgment. After going through the prosecution story, evidence of PWs and defense
the Magistrate started writing judgment and got is completed. However, before
signing the judgment Magistrate found that the sessions` case was made out on
the basis of material available on record. What should the Magistrate do in such
circumstance?
A. The Magistrate should resort the provisions of section 347 Cr.P.C
and shall send the case to the Sessions Court for trial. 1998 P.Cr.L.J.189
Q.162 In a criminal case, the process of recording of evidence is material enough
as the conviction or acquittal is mainly based upon evidence. It is generally said
that evidence is to be taken / recorded in presence of accused. In a case if the
appearance of accused is dispensed with, what recourse shall be done by the
Court?
A. In such an eventuality when personal appearance of the accused is
dispensed with, the evidence is to be taken in presence of Pleader of the accused.
[S.353].
Q.163 During recording evidence of witness, if Magistrate or Sessions
Judge finds that the conduct of witness is not proper and replies arrogantly or
falsely or he is concealing some information which is material for just decision of
the case; what the Court of Magistrate or Sessions shall do in these
circumstance?
A. While recording evidence of the witness, the Court of Magistrate or
Sessions Judge shall also record such remarks, holding material respecting the
demeanor of such witness whilst under examination. [S.363]
Q.164 Under section 364, the Magistrate or the Sessions Judge as the case
may be, has to certify the recorded evidence of accused with own hand note of the
Magistrate / Sessions Judge. Give the language of that certificate?
A. Magistrate or Judge shall certify under his own hand that:
“the examination is taken in my presence and hearing and that the
record contains a full and true a account of the statement made by the accused.”
Q.165 If there is no memorandum of certification by the Judge within
requirement of section 364, what shall be the legal consequence?
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A. A departure from such mandatory provision of law would make trial

of accused irregular not curable u/s 537 Cr.P.C. As per case reported in PLJ 2001
Cr.C.921, the impugned judgment was set aside and case was remanded back to
trial Court for further proceedings from stage of statement of accused u/s 342
Cr.P.C.
Q.166 It is also a pre-requisite of S.364(2) that each page of the statement
of accused shall be marked with signature or LTI of the accused. If this
requirement of law is missing, what will be the ultimate consequence?
A. When there is no LTI on first page of statement of accused u/s 342
and no second page there is only LTI but no name of accused appear; even in
hand writing by trial Court does not show name of accused person. It was held in
PLJ 2001 Cr.C.1002 that trial Court committed illegality while recording statement
u/s 342 which is in violation of S.364(2). Case was remanded back.
Q.167 How judgment of original Court of criminal jurisdiction is
pronounced?
A. As provided u/s 366 of the Code the provision of judgment would be:
(a) in Court either immediately after termination of the trial or at some
subsequent time for which the parties or their counsel are under
notice.
(b) in the language of Court, or in some other language which the
accused or his pleader understands.
(c) in presence of accused in person or custody.
Q.168 In that case when the personal attendance of the accused is
dispensed with and the accused is required to attend through his
advocate, what shall the Court do?
A. If the sentence is only that of fine or the accused in acquitted, the
judgment is pronounced in presence of his counsel, otherwise the
accused shall be before the Court at the time of pronouncement of
the judgment.
Q.169 The procedure as to language and contents of judgment is provided
u/s 367 of the Code. This is mandatory requirement of law. Explain
what should be the language and contests of the judgment.
A. The judgment shall be written or dictated by the Presiding Officer of
the Court in the language of the Court and shall contain the points for
determination, the decision thereon and the reasons for the decision.
It shall be dated and signed by the Presiding Officer in open Court at
the time of its pronouncement. It shall also specify the offence and
section of PPC or other law under which the accused is convicted.
Q.170 How sentence of death is imposed?
A. Sentence of death shall direct that the accused be handed by neck
till he is dead.
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Q.171 Whether judgment in a criminal case after it is signed by the

Presiding Officer / Judge can be altered or reviewed?
A. No. [S.369]
Q.172 Whether no change in the criminal judgment can be made after it is
signed by the judge?
A. Only the clerical error could be corrected.
Q.173 Is it permissible in law that judgment written by one judge may be
pronounced by another?
A. Yes.
Q174. Is it a mandatory requirement of law to supply the copy of judgment
to the accused at the time of pronouncement of judgment?
A. Only in that case whereby the accused is convicted of an offence.
Q.175 How the Court of Sessions shall execute the death sentence?
A. After the Court of Sessions passes the death sentence, the
proceedings of the case shall be submitted to the High Court for
confirmation. Till confirmation no sentence shall be executed.
Q.176 Does the death sentence passed by the Special Court require
confirmation by the High Court?
A. No. Special Court is not falling in the parameters of Sessions Court.
Q.177 When death sentence was confirmed by the High Court, what
remedy was available to the accused to invoke?
A. When sentence was confirmed, appeal would lie as a matter of right.
PLD 1963 SC 226.
Q.178 Whether confirmation of death sentence be signed by one judge or
two judges of the High Court?
A. Two Judges.
Q.180 When the death sentence is confirmed by the High Court and the
Court of Sessions after receiving confirmation issued death warrant
against the accused and the time is fixed for execution. Meanwhile
the heirs of decease pardon the convict or enter into compromise
with him at the last moment before execution of sentence. Can death
sentence be stopped?
A. Within proviso attached to section 381 Cr.P.C death sentence shall
not be executed.
Q.181 If a woman sentence to death is found pregnant before execution,
whether her execution will be carried on or some other order will be
made?
A. In such a situation, the High Court will postpone the execution of
capital sentence and if it thinks fit, commute the sentence to
imprisonment for life.
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Q.182 If accused is detained for period of two years and the trial is delayed
for no fault on the part of accused. Afterwards trial proceeds speedily
and accused is convicted for two years, what shall be the fate of
accused remaining two years detained in jail?
A. The Court will consider the period of detention while awarding
sentence of imprisonment. In such state of affairs, the Court will
extend benefit of section 382-B to the accused and consider the
period of detention in conviction already gone by the accused.
Q.183 The sentence of whipping is provided u/s 391 to 395. Some classes
of persons are excluded from whipping. Name them?
A. a) Females
b) Males sentenced to death, life imprisonment or imprisonment
for more than 5 years.
c) Males, whom the Court considers, more than forty five years
of age.
Q.184 Who has power to remit or suspend the sentence?
A. Provincial Government
Q.185 Provincial Government has also power to commute punishments.
Explain which are those sentence to commute?
A. I) Death;
II) Imprisonment for life;
III) Rigorous imprisonment for a term that to which he might have
been sentence;
IV) Simple imprisonment for a like term;
V) Fine;
Q.186 Whether the Provincial Governments are independently competent
to suspend, remit or commute the sentence?
A. No, the Provincial Government will do so subject to previous
approval of the President or when the President has passed any order in exercise
of his powers under the constitution to grant pardons, reprieves and respites or to
remit, suspend or commute any sentence or even death sentences as shown in
section 402-A.
Q.187 Whether President will order remission or commutation of any
sentence either suomotu or with any consent?
A. Within meaning of S.402-C the Provincial Government, the Federal
Government and the President shall not without the consent of the victim or, as the
case may be, of his heirs suspend, remit or commute any sentence passed under
any of the sections in chapter XVI of PPC.
Q.188 Whether second bail application or second criminal revision can be
filed or the plea of resjudicata will apply on it?
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A. Second criminal revision or second bail application is not barred, if

these was fresh material to justify same. Doctrine of resjudicata is unknown to
criminal proceedings.KLR.1993 Cr.C.44.
Q.189 When the accused was convicted by the Court of Sessions or
Magistrate after being pleaded guilty. Can accused prefer appeal against such
conviction?
A. Appeal is barred u/s 412 Cr.P.C. However, exception is provided
whereby the extent or legality of the sentence can be challenged.
Q.190 Explain those petty cases and summary convictions under which no
appeal lies against the order of Magistrate?
A. In the petty matters in which sentence of fine are not exceeding fifty
rupees only and summary convictions whereby sentence of fine is not exceeding
two hundred rupees only.
Q.191 Appeal in case of acquittal is provided u/s 417, whereby appeal is to
be preferred by the Public Prosecutor before the High Court. State your answer, at
whose instance the Public Prosecutor will prefer such an appeal?
A. At the instance of Provincial Government.
Q.192 An appeal is usually preferred before the higher forum. Explain the
form of appeal to be presented before the higher forum?
A. Every appeal shall be made in the form of petition in writing
presented by the appellant or his pleader. It shall be accompanied by a copy of
judgment or order appealed against.
Q.193 If the appellant is in jail, how shall he present the petition of his
appeal before the Appellate Court?
A. He shall present the petition and copies accompanying the same to
the officer in charge of the jail, who shall forward such petition along with copies to
the proper appellate Court. That is usually called a “Jail appeal”.
Q.194 Can appellate Court dismisses the appeal summarily? If yes,on what
ground?
A. The appellate Court shall peruse the appeal, when it is found that
there is no sufficient ground for interfering the judgment or order as appealed, it
may dismiss the appeal summarily.
Q.195 Whether pending an appeal, the High Court can suspend sentence
of accused and admit him on bail. Whether it is tentative or full and final decision?
A. Such powers are conferred upon Appellate Court by application of
section 426.Cr.P.C; whereby an appellate court for reasons to be recorded by it in
writing order that the execution of the sentence as appealed against be suspended
and also, if the accused is in confinement be released on bail or on his own bond.
Such a decision cannot be termed either full or final.
Q.196 Whether appellate Court can take additional evidence or direct it to be taken. If
yes, in what circumstances such evidence is taken on record?
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A. Appellate Court can exercise such powers only when the additional
evidence was either not available at the trial or the party concerned was prevented
from producing it either by circumstance beyond its control or by reason of
misunderstanding or mistake. PLD 2001 SC 384.
Q.197 Under which provision of law, the appellate Court call for record of
the inferior Courts?
A. U/s 4354 Cr.P.C.
Q.198 Why these records are called or summoned?

A. By summoning these records the appellate Court wants to be

satisfied as regards correctness, legality or propriety of the orders passed by the
inferior Courts.

Q.199 Can appellate Court issue direction to the inferior Court while getting
the record summoned?

A. Yes, while calling such record, the appellate Court direct that the
execution of any sentence be suspended and, if the accused is in confinement, is
released on bail or on his own bond pending examination of the record.

Q.200 The revisional powers of High Court and Sessions Court are
provided u/s 439 and 439-A of the Court. Distinguish between them?

A. U/s 439, the revisional powers of High Court are contemplated;

whereas S.439-A empowers Sessions Judges to exercise the revisional
jurisdiction, significantly, the Sessions Judge u/s 439-A exercises the same
powers to revision as are exercised by the High Court u/s 439. A sharp distinction
between these two provisions is that u/s 439 the High Court is directly mentioned
to exercise the revisional jurisdiction; whereas u/s 439-A, it is provided that the
Sessions Judge may exercise any of the powers conferred on the High Court by
S.439. Thus the provisions of sections 439 and 439-A are to be read in
conjunction and similarity for the powers of High Court and Session Court.

Q.201 U/s 476, the proceedings as to affecting the administration of justice

is provided, whereby the Court takes cognizance of the cases, which are
mentioned u/s 195 Cr.P.C. Return your answer, whether cognizance u/s 476 can
be taken by the Magistrate exclusively; or other civil and revenue Courts as well?

A. U/s 476 summary procedure is provided for taking of cognizance by

the Courts of Criminal, Civil and Revenue and the offences are mentioned with
reference to S.195(1) of the Code.

Q.202 The Court takes cognizance of certain cases of contempt before it

during proceeding. The procedure is summary for taking cognizance of the
32 | P a g e

offences showing contempt of court or the court orders. How will you commence
the procedure?

A. The Court takes cognizance u/s 480 Cr.P.C for offence punishable
u/s 228 PPC, when accused commits contempt of Court by his action or utterance
or he shouts at the Court or teats arrogantly to the Court or threats the Court in
either way, the judge of Court will order the offender to be taken in custody. The
substance of the accusation will be written down by the judge in his own hand
written or dictations as provided u/s 481. As the imputation of accused directly
interrupts the Court therefore, summary sentence will be passed against the
accused; the summary order would be in the following narration:

“The accused has offered intentionally insult or caused interruption to the

Judge/Court while discharging the business of Court. The said imputation of
the accused has caused contempt of the Court / Judge conducting judicial
proceedings and made out offence u/s 228 PPC for which cognizance u/s
480 Cr.P.C is taken. The accused is consequently convicted with simple
imprisonment till rising of Court and fine of Rs.200. In case of default in
payment of fine the accused will undergo simple imprisonment for a term of
one month”

Q.203 The Court under its writ jurisdiction under Article 199 of the
Constitution 1973 issues direction of the nature of Habeas corpus. Explain in your
words for what purpose this writ is issued?

A. Remedy provided u/s 491 Cr.P.C is restricted to illegal detention and

is not for deciding substantive issue. 1995 SCMR 1283.

Q.204 The power u/s 491 is also delegated the Sessions Courts. How High
Court seeks enforcement of such writ from the Sessions Court?

A. The provision is inserted as (IA) u/s 491 by amended Ordinance

2002, whereby the High Court may, by general or special order published in the
official gazette direct that all or any of its powers specified in clauses (a) and (b) of
sub-section (1) shall subject to such conditions, if any, as may be specified in the
order be exercised also by

(a) Sessions Judges; or

(b) Additional Sessions Judge within the territorial of a Sessions Division.

Q.205 Public Prosecutor is appointed to conduct prosecution cases on

behalf of Government who is the appointing authority of public prosecutor and
which is the provisions of Cr.P.C for his appointment?
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A. Public Prosecutor to conduct the criminal prosecution on behalf of

Government is appointed by the Provincial Government. The Provision of his
appointment is contained under S.492 of the Code.

Q.206 Can prosecution of any criminal case be withdrawn from the Court of
law, if yes, how and when?

A. A withdrawal of prosecution is provided u/s 494 of the Code,

whereby any public prosecutor may, with consent of Court behalf pronouncement
of judgment can withdraw the prosecution.

Q.207 State the stage of the case when the Court orders withdrawal either
in discharge or acquittal?

A. If withdrawal is made before charge, the accused will be discharged.

If withdrawal is after the charge, the accused will acquitted from the offence.

Q.208 Whether in bail able offences as contained u/s 496, bail is granted to
the accused as a right, grace or concession?

A. In bail able offences, the grant of bail is a right, whereas, in non-bail-

able offences it is not a right but is concession / grace. PLD 1995 SC 34.

Q.209 In non bail-able offence, prohibition is contained u/s 497 that

accused shall shall not be released on bail, if these appear reasonable grounds to
hold him guilty of the offence punishable with death, imprisonment for life or ten
years. However, in exceptional cases there is also leniency in grant of bail u/s 497,
what are those exceptions?

A. There is first proviso attached to section 497, whereby Court may

direct that any person under the age of 16 years, or any women or any sick and
infirm person accused of such an offence be released on bail.

Q.210 Whether plea of Alibi can be considered at the bail stage?

A. Plea of Alibi requiring the proof of evidence cannot be considered for

the purpose of grant of bail PLD 2001 Lah 45.

Q.211 Whether benefit of doubt can be extended to the accused at bail

stage?

A. Yes, benefit of doubt would go to the accused even at bail stage.

1998 Cr.L.J.567+200 PCr.L.J.980

Q.212 Is there any difference for grant of bail in cases of pre-arrest and
after-arrest cases?
34 | P a g e

A. Consideration for grant of bail in both the cases are different; namely
applications for bail after arrest and filed u/s 497 and 498-A Cr.P.C; whereas,
applications for pre-arrest and protective bail are filed u/s 498 and 498-A. 2000
P.Cr L.J 994

Q.213 In what circumstance, the bail of accused is cancelled by same Court?

A. Bail is often cancelled after the accused is found to have misused the
concession of bail.

Q.214 It is formally a ground taken in the bail application that “matter

requires further inquiry”. Whether this ground is sufficient to grant a bail?

A. Grant of bail in matters of further inquiry is rule and refused an exception.

Q.215 What are the requirements of bail before arrest?

A. A person should be:

1) Before Court in person:
2) He is not in custody;
3) There is a case registered against him,
4) There is no release order from Court of law.
Q.216 What is bail bond?

A. When the accused is released on bail by Court or Police on his own

bond for the sum of money as the Police officer or Court desire; the accused
should execute such bond with one or more sufficient sureties for the satisfaction
of Court or Police officer.

Q.217 Under which provision of law the Court issue release order of
accused after discharging him from custody of jail?

A. U/s 500 Cr.P.C.

Q.218 Under which provision the Court issues order as to discharge of

surety?

A U/s 502 Cr.P.C

Q.219 When the Court of Sessions orders for dispensation of any witness`s
attendance what alternative order is passed by the Court to ensure the cannons of
justice?

A. After the Court of Session finds it reasonable that the attendance of

any witness may be dispensed to secure the ends of justice, the Court may order
for issuance of commissions to any Magistrate of the first class, within local limits
of whose jurisdiction such witness resides, to take evidence of such witness.
35 | P a g e

Q.220 Can report of Chemical Examiner or Serologist be exhibited and

used as piece of evidence without his physical appearance or recording evidence
before the Court?

A. Yes, such exception in provided u/s 520 of the Code; whereby

personal appearance is not necessary. However, under proviso attached to S.510,
the Court can summon and examine the person by whom such report has been
made.

Q.221 It happens invariably that the Police prefer the charge sheet before
Court, citing accused (s) as absconding. After submission of challan the Court
issues harder process against those cited absconders. Return your answer with
the following questions.

1. Under which provision of law the Police cite these persons as

absconders without proper description?

2. Under which provision of law the Court issues bailable or non-

bailable warrants against the alleged absconders?

A. The answer is returned with reference to case law reported in PLD

2001 Kar 211 as follow:-

“No provision of law in the Code of Criminal Procedure makes it mandatory

for the trial Court to issue warrants against an alleged accused persons mentioned
in the report by the police as absconder. Investigation agencies by mentioned the
absconded accused in the report attempt to shift their responsibility to the Court
which is not in line with the law”

Q.222 The Court orders forfeiture of surety u/s 514, what further steps are
taken by the Court to recover the surety amount within meaning of S.514?

A. The Court will firstly call for the surety to satisfy the Court why surely
amount be not paid by him. If sufficient cause in not shown and penalty is not paid,
the Court will proceed to recover the surety amount by issuing the warrants for
attachment and sale of the moveable property belonging to the surety or his
estate, if he be dead. If there is no such property for attachment, the Court will get
the surety arrested and put him in jail for a term not exceeding six months.

Q.223 In case surety has died before his bond is forfeited, what order will
be passed by the Court?

A. The estate of surety shall be discharged from every liability in

respect of the bond.

Q.224 Whether immovable property of the surety cannot be attached in lieu

of forfeited of his bond?
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A. Only moveable property can be attached.

Q.225 If bond is forfeited in the lieu time of surety and he dies thereafter
what steps will then be taken by the Court?

A. His estate can be attached as forfeiture precedes his death.

Q.226 In case of insolvency or death of surety, what steps are to be taken

by the Court to continue the accused on bail bond?

A. A procedure is provided u/s 514-A, whereby the Court by whose

order the bond was taken, or the Magistrate of first class may order the person
from whom security was demanded to furnish fresh security in accordance with the
direction of the original order; or, if security is not furnished such Court or
Magistrate may proceed as if there had been a default in complying with such
original order.

Q.227 Order passed u/s 514 is whether appealable or revision able, state
your answer in the light of particular provisions of law?

A. An order passed by Magistrate u/s 514. If no appeal is filed against

such an order, it may be revised by the Sessions Judge.

Q.228 U/s 516-A, the Court orders restoration of property on “Superdari”

from whom it is recovered. If the said property has been used either in the
commission of offence or the same property is subject matter of any offence, how
the court will order its restoration to any particular person?

A. If the property has been used in the commission of offence or the

same is found a subject matter of any offence, the property can be detained by the
Court.

Q.229 It is general practice of the applications u/s 516-A Cr.P.C that the
property is returned to the person from whom it is recovered. What you say about
it?

A. A reply is returned in the light of some case law. Property should be

restored to party from whom it is taken but this rule can be departed from under
special circumstance.

Q.230 What are those special circumstances?

A. Terms of superdari under which property is given can be modified.

1991 SCMR 1567 Stolen property cannot be given on superdari to a purchaser
from thief.

Q.231 Suppose a subject property is vehicle / car, allegedly used in the

commission of offence. The Court detains the property as used in the commission
37 | P a g e

of offence and dismiss restoration application of the owner. The subject vehicle /
car standing at police / subject car would be worthless. Is it justifiable to detain the
vehicle in Malkhana till it is completely devasted / damaged?

A. It is neither the scheme nor the spirit of law. The Court should be
more vigilant to save the property from devastation, where it was likely to be
misused, damaged or its utility was to be impaired. It is held in 2000 MLD 197 that:

“Technicalities or delay on the part of Court might cause hardship or

irreparable loss to the parties to the proceedings; vehicle was given
to the applicant on superdari in circumstance”

Q.232 The Court of Magistrate or Sessions finally dispose off the property
by an order under judgment written at the conclusion of the trail. Explain in yours
words in which mode and manner the disposal of such property used in the
commission of offence is made by the Court after conclusion of trial in the light of
section 517 Cr.P.C?

A. For The disposal of such property, the Court may make an order by
destruction, confiscated or delivery to any person claiming to be entitled to
possession thereof or otherwise of any property or documents produced before it
or in its custody or regarding which any offence appears to have been committed
or which has been used in the commission of any offence.

Q.233 An order passed u/s 517 may taken form of reference u/s 518
authorizing FCM for seizure of property like power of police. Order passed U/Ss
517 and 518 can be stayed, which is that Court to stay these orders?
A. Court of appeal;
Q.234 Whether police can conduct search of arrested person? If yes;

i. What is the procedure of search?

ii. If any articles are recovered during search, how the some are to be
kept?

A. A search of the arrested person is taken by the police within

procedure contained u/s 51. Such search is to be conducted under a warrant of
arrest. During search any movables or articles, whatever, recovered from the
accused are to be taken in safe custody by the police officer, making such search.

Q.235 Under which provision of law, the police can make search of the
person of accused?

A. U/s 51 Cr.P.C.

Q.236 Whether Police officer is competent to conduct search of any person

on his own accord?
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A. No. He cannot do so without authority / warrant. Seizure of property

by Police without authority would be infringement of fundamental right. PLD 1956
SC Ind 210.

Q.237 What is the procedure adopted by the Police officer after seizure of
property under section 51?

A. The seizure of property by Police officer u/s 51 of the Code shall be

reported to the Magistrate, who shall make such an order for disposal of the
seized property to the person entitled to it, such an order by the Magistrate will be
passed u/s 523 Cr.P.C.

Q.238 When there is no claimant of the seized property and the person
from whom the property is recovered has no title to retain, what shall be the
procedure by the Court?

A. Such property shall be at the disposal of Provincial Government and

may be sold under the orders of the Magistrate of first class.

Q.239 When property seized requires speedy disposal being perishable

and the owner or person entitled to it is unknown, what shall be the procedure?

A. In Such a situation Magistrate will direct such property to be sold out

and the provisions of S.523 and 524 shall apply to the net proceeds of such sale.

Q.240 When the applicant notifies to the trial Court about his intention to
move High Court to get his criminal case transferred, what order shall be passed
by the trial Court?

A. Trial Court is bound to stay the proceedings. PLD 1956 Kar 440.

Q.241 Irregularities which vitiate the proceedings are mentioned u/s 530.
You may reply what these proceedings are called?

A. These proceedings are called “void”

Q.242 Civil Court has power to summon the material witness or examine
those witnesses, who are present before the Court irrespectively they are neither
named as witness nor called as witness. Is such a power available with criminal
Court? Elucidate your answer?

A. U/s 540 Cr.P.C, it is a power of criminal Court to summon any

person as witness, or examine any person as witness, although not summoned as
a witness. The criminal Court has further power to recall and re-examine any
person as a witness, which appears essential to the just decision of the case.

Q.243 Whether police has powers to seize any property, if yes. What is the
provision of law and what is the description of property?
39 | P a g e

A Police has power to seize that property which is found either

suspected or stolen or that property which create suspicion of the commission of
offence. Provision contained under Criminal Procedure Code is the S.550.

Q.244 Sessions Court have no inherent jurisdiction or extra ordinary

criminal powers as are conferred upon High Court u/s 561-A. If there a false FIR is
lodged, what extra ordinary powers shall be exercised by the Courts of Sessions
and Magistrate and High Court to undo that false FIR?

A. Court of Magistrate at the most will acquit the accused u/s 249-A,
holding the charge groundless, similarly the Court of Sessions will resort the
provisions of S.265-K. Although the persons falsely implicated will be acquitted yet
the FIR of false accusation will hold the field. The High Court will exercise inherent
jurisdiction u/s 561-A, and will quash the FIR; as if the same had no existence.

Q.245 Under what circumstance the Court release a convicted offender on

probation?

A. It is just a spirit and scheme of law that instead of sentencing any

offender, he should be released on probation. The exception of the persons of
such legal leniency is provided u/s 562, whereby when it appears to the Court, in
which he is convicted, as regards age, character or antecedents of the offender
and the circumstance under which the offence was committed, and that it is
expedient that the offender should be released or probation of good conduct, the
Court may instead of sentencing him at once to any punishment, direct that he be
released on his entering into a bond with or without sureties, to appear and receive
sentence when called upon during period (not exceeding three years).

Q.246 Whether such a grace of probation is meant for particular class of

people or every offender?

A. Section 562 provides such leniency to first offenders. And the

persons under twenty-one years of age who is convicted for an offence punishable
with an imprisonment, not more than seven years; or a woman not convicted of
capital sentence; and no previous conviction proved against the offender.

THE END.