4(C) CHARGE

The word charge, means only an accusation of a crime or an information given by the
Court of an allegation made against the accused (AIR 1963 SC 1120)

The Code of Criminal Procedure does not define what a charge is

A charge is a precise formulation of specific accusation made against a person. The

purpose is to tell an accused as precisely and concisely as possible what the prosecution
intends to prove against him.

4(F) COGNIZABLE OFFENCE, COGNIZABLE CASE

The word offence and case are not synonymous

An offence always leads to a case and a case would always involve offence or offences

Word case relates to transaction of which information is given and not merely one of
the offences committed during the course of transaction

Cognizance: Application of mind by the Court on the facts and circumstances of the
case. Taking cognizance means expression of intention by magistrate to initiate judicial
proceeding

As per 2008 MLD 728 – Court taking cognizance has to consider:

i. Whether the offence falling within jurisdiction is made out

ii. Whether offence is committed within territorial jurisdiction
iii. Who are persons responsible for commission of offence(s)
iv. Sufficient grounds exist to proceed with trial
4(H) Complaint

A statement of allegation of fact/information put forth to a magistrate informing

commission of an offence to be taken cognizance of

Ingredients of complaint:

i. Oral/written allegations
ii. Some person known/unknown committed offence
iii. Must be made to a magistrate
iv. Must be made with a view to taking action by magistrate
v. Action proposed must be under CrPC

Complaint vs FIR
magistrate acts on complaint vs Magistrate acts upon own initiative
in case of information there is no complainant and in this case a complainant is first
examined on oath

4(K) INQUIRY

Object of an inquiry is to determine truth or falsity of certain facts in order to take

further action thereon.

Inquiry stops where trial begins

Inquiry extends to matters which are not offences e.g. proceedings u/s 133, 144, 45,
164, 176, 202, 329

Vs Investigation ----- object is to collect evidence. Investigation starts when a police

officer forms a definite opinion that grounds for investigation exist

Trial ---- A trial pre-supposes the idea of an offence. A trial is a judicial proceeding which
ends in conviction or acquittal.
4(L) INVESTIGATION

Job of a police officer conducting investigation is confined only to collection of evidence,

which evidence, when collected, has to be placed by him, before competent Court.

It is the Court who has authority and obligation to form an opinion about guilt or
innocence of accused person and to adjudicate accordingly.

All proceedings conducted by police officer or by any person other than a magistrate for
collection of evidence

Case commences its course only when investigation reveals that an offence has been
committed

Investigation generally consists of the following steps:-

Proceeding to the spot
Ascertainment of facts/circumstances of case
Discovery of arrest of suspected offender
Collection of evidence- (examination of persons, search, seizure---)
formation of opinion as to if from collected material a case is there for trial

INVESTIGATION (GENRALLY….!)

Stage – I
Information SHO u/s 154 CrPC

Stage – II
commencement of investigation 156, 157, 172 and police rules

Stage – III
Arrest of an accused 54, 60, 61, 167

Stage-IV
Investigation 170, 173, 169

Stage – V
Cognizance of offence
magistrate to inquire either to discharge or proceed with trail
in both cases magistrate has to pass an order to that effect
 If challan is put before magistrate not competent to take cognizance, he shall refer the
same under section 190(2) to Sessions Court

Sessions Court, even if police has opined Cancellation/Discharge, after taking cognizance
under section 193 would have power again to carryout inquiry without recording
evidence

Authority of Sessions Court to enter into enquiry clearly validated in Muhammad

Ramzan’s case ( P 2010 SC 585)

Even in Mehr Khan’s case (1984 SCMR 267) the apex court has gone to the extante of
empowering both magistrate and sessions court in respect of inquiry

Furthermore: enquiry conducted by magistrate and decision rendered for discharge of

accused are administrative orders and not judicial in nature (P 2012 SC 179)

Rationale behind all this is to ensure ‘checks and balances’ upon police and also upon
trial and decisions of magistrate to be purposeful and not merely technical.

4(M) JUDICIAL PROCEEDING

The test is “whether in course of that proceeding the presiding judge has the power
legally to take evidence on oath” and not whether he has actually taken such evidence
(AIR 1964 All 290)

Inquiry sometimes also can be termed as judicial proceeding if the object is to

determine a jural relation between oen person and another group/ the state
(representing he community) PLD 1957 SC (Pak) 91

As per the view of FSc in PLD 1987 FSC 9: No judicial proceeding can be
conceived in which evidence of a witness is recorded without oath unless he is unable to
understand implication of oath by reason of tendervage or otherwise

4(N) NON-COGNIZABLE OFFENCE, NON-COGNIZABLE CASE

Distinction has been made by second schedule

 AIR 1961 Andh Pra 448

A case include one offence or more than one offences. It would be termed as non-
cognizable case only if every one of the offences is a non-cognizable offence

It would be cognizable even if one or more of the offences in the case are cognizable
offence(s)

4(O) OFFENCE

Any act of omission is an offence only if it is made punishable by PPC/Law

Section 40 PPC referred usually to denote a thing made punishable by penal Code

Offence is constituted as soon as the acts which constitute that offence have been
committed

Combination of the intention with the action exposing such intention would bring the
act under definition of an offence (actus reus + mens rea)

ATTEMPT: an intent combined with an act short of the thing intended

An endeavor to do an act carried beyond mere preparation, but short of execution

As per 1995 PCrLJ 877 the elements of attempt to commit a crime are:

i. an intent to commit it
ii. An overt act towards it commission
iii. Failure of consummation/commission
iv. The apparent possibility of commission