SHAHEED ZULFIQAR ALI BHUTTO UNIVERSITY OF LAW, KARACHI

Final-Term Examination Fall-2020

April 2021

ANSWER SHEET

Course: Criminal Procedure code-1 Student Name: Kashan

Instructor: Miss Naheed haider Roll No: BL-0841

Class: BA.LLB VII A

Question no: 01

Answer:

Police action against cognizable offence:

A cognizable offence is one in which the police may arrest a person without warrant.
They are authorized to start investigation into a cognizable case on their own and do
not require any orders from the court to do so. Any police officer may, without an
order from a Magistrate and without a warrant, arrest. Firstly, any person who has
been concerned in any cognizable offence or against whom a reasonable complaint has
been made or credible information has been received, or a reasonable suspicion exists
of his having been so concerned.

It will there be seen that under the first Sub-clause of Section 54 (1) of Cr. PC a person
can be arrested without a warrant in the following circumstances: 

(a) If he concerned in any cognizable offence.

(b) Against whom a reasonable complaint has been made.

(c) Against whom credible information has been received that he is concerned without
commission of such offence.

(d) If reasonable suspicion exists about him being so concerned.

The above mentioned Section conferred sufficient powers to police officer, but such
powers can be exercised only in those cases where police officers is possessed of some
evidence indicating involvement of a person under the four situations mentioned in
Section 54 (1) of Cr. PC. But in most of the cases it is noticed that the police officer
arrested the person without collecting any material connecting with commission of the
offences.

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 SHAHEED ZULFIQAR ALI BHUTTO UNIVERSITY OF LAW, KARACHI
Final-Term Examination Fall-2020
April 2021

Under the provisions contained in the Cr. PC that once a person concerned or
suspected to have committed a cognizable offence is arrested by a police officer it is
expected of him that he would complete the investigation without any loss of time and
at least complete the investigation within 24 hours of his arrest as laid down in
Section 61 of Cr.PC. Under Section 62 of Cr.PC. every public officer incharge of police
station is required to report to the concerned District Magistrate or if directed by him
to the Sub-Divisional Magistrate about the arrest of person without warrant within
their territorial limits. It is the responsibility of the concerned Magistrate to scrutinize
the report of arrest made by the police officer and find out if the action can be justified
in law.

First investigation Report (FIR):

First Information Report (FIR) is a written document prepared by the police when they
receive information about the commission of a cognizable offence. It is a report of
information that reaches the police first in point of time and that is why it is called the
First Information Report. It is generally a complaint lodged with the police by the
victim of a cognizable offence or by someone on his/her behalf. Anyone can report the
commission of a cognizable offence either orally or in writing to the police. Even a
telephonic message can be treated as an FIR. It is a duty of police to register FIR
without any delay or excuses. Non-registration of FIR is an offence and can be a
ground for disciplinary action against the concerned police officer.

The procedure of filing an FIR is prescribed in Section 154 of the Code of

Criminal Procedure 1898. It is as follows:

1. When information about the commission of a cognizable offence is given orally, the
police must write it down.

2. It is your right as a person giving information or making a complaint to demand

that the information recorded by the police is read over to you.

3. Once the police have recorded the information in the FIR Register, the person
giving the information must sign it.

4. You should sign the report only after verifying that the information recorded by the
police is as per the details given by you.

5. People who cannot read or write must put their left thumb impression on the
document after being satisfied that it is a correct record.

6. Always ask for a copy of the FIR, if the police do not give it to you.

7. It is your right to get a copy of FIR free of cost.

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 SHAHEED ZULFIQAR ALI BHUTTO UNIVERSITY OF LAW, KARACHI
Final-Term Examination Fall-2020
April 2021

Investigation Procedure:

Section 156 CrPc Investigation into cognizable case:

(1) Any officer-in-charge of a police station may without the order of a Magistrate,
investigate any cognizable case which a Court having jurisdiction over the local area
within the limits of such station would have power to inquire into or try under the
provisions of Chapter XV relating to the place of inquiry or trial.

(2) No proceeding of a police officer in any such case shall at any stage be called in
question on the ground that the case was one which such officer was not empowered
under this section to investigate.

(3) Any Magistrate empowered under Section 190 may order such an investigation as
above-mentioned.

(4) Notwithstanding anything contained in sub-sections (1), (2) or (3), no police-officer

shall investigate an offence under Section 497 or Section 498 of the Pakistan Penal
Code, except upon a complaint made by the husband of the woman, or, in his
absence, by some person who had the care of such woman on his behalf at the time
when such offence was committed.

Investigation Consists of steps:

(i) Proceeding to spot;

(ii) Ascertainment of facts and circumstances of case;

(iii) Discovery and arrest of suspected offender;

(iv) Collection of evidence. 

Case Law References:

1. 1999 PCr.LJ 1357

2. PLD 1997 S.C. 408
3. 1997 PCr.LJ  56
4. 1995 PCr.LJ 1543

Question no: 02

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 SHAHEED ZULFIQAR ALI BHUTTO UNIVERSITY OF LAW, KARACHI
Final-Term Examination Fall-2020
April 2021

Answer:

Where the complaint shows that the alleged offence is triable by Magistrate, the
Magistrate taking cognizance of the offence on complaint shall at once examine the
complainant upon oath, and the substance of the examination shall be reduced to
writing and shall be signed by the complainant and also by the Magistrate. Magistrate,
if necessary, conduct a preliminary inquiry in order to determine truth or falsehood of
the allegation; such inquiry, however, discretionary and mere failure to comply with
provisions of S. 200, Cr.PC. cannot entail invalidation of proceedings but a mere
irregularity curable under S. 537, Cr.PC. He may also direct for investigation by police.
It is worth mentioning that under section 200, Cr.PC. Magistrate has the option of
only one of two alternatives, either to enquire into case himself or to direct an
investigation. He cannot have recourse to both alternatives. No investigation can be
ordered under section 202 without examining the complainant. Section 203 of the
Code empowers a Magistrate to dismiss a complaint if he finds himself convinced by
the investigation or inquiry that there does not exists sufficient ground for proceeding
with the matter and if Magistrate deems fit that the case is of taking cognizance, he
may do so and proceed with it like a regular trial. After taking cognizance, he may
issue summons for procuring attendance of the accused on a date appointed by him,
and, if on such date, the complainant does not appear then upon non-appearance of
the complainant, except where the complainant is a public servant and his personal
attendance is not required, he may either acquit the accused or adjourn the matter as
the circumstances may suggest (Sec.247, Cr.PC.). Besides, if before passing final
order or judgment, application for withdrawal of the complaint is filed, Magistrate may
if there are reasonable grounds allow the withdrawal and thereupon acquit the
accused (Sec.248, Cr.PC.). Where a complaint is laid before a Magistrate who does not
have territorial jurisdiction, the proper course is to return the complaint to be placed
before proper Court. The term “inquiry” is the most important word under criminal
law; it is the main key to solve or to process any trial. Every case initiates its
proceeding with the inquiry; inquiry in a general sense means a process of asking
questions and investigating to extract valuable information that will be helpful in the
trial in order to reach a decision

According to section 159

This section authorizes a Magistrate on receipt of police report upon the Section 157 of
The Code of Criminal Procedure; to hold the inquiry to discover whether the offence
has been committed or not and to decide about the further proceedings of the case.

According to Section 201 of Cr.PC, ‘‘if a complaint is made before a Magistrate who
is not competent to take cognizance of the case, then Magistrate will do either of the
two things as follows-

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 SHAHEED ZULFIQAR ALI BHUTTO UNIVERSITY OF LAW, KARACHI
Final-Term Examination Fall-2020
April 2021

a) If a Complaint is made in writing, then the Magistrate needs to refer the following
case to the proper court for the presentation with the support for that effect.

b) If the Complaint is not in writing, then the Magistrate shall direct the complainant
to the proper Court.

If any complaint that shall not reach the grounds of merit, shall be dismissed by the
Magistrate

Case Law references:

1968 PCr.LJ 730

PLD 1991 FSC 131

1991 PCr.LJ 885

1992 PCr.LJ 2009.

Section 202: Postponement of issue of process.

(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorized to

take cognizance or which has been made over to him under section 192, may, if he
thinks fit, postpone the issue of process against the accused, and either inquire into
the case himself or direct an investigation to be made by a police officer or by such
other person as he thinks fit, for the purpose of deciding whether or not there is
sufficient ground for proceeding: Provided that no such direction for investigation shall
be made,

(a) where it appears to the Magistrate that the offence complained of is triable
exclusively by the Court of Session; or

(b) Where the complaint has not been made by a Court, unless the complainant and
the witnesses present (if any) have been examined on oath under section 200.

(2) In an inquiry under sub- section (1), the Magistrate may, if he thinks fit, take
evidence of witnesses on oath: Provided that if it appears to the Magistrate that the
offence complained of is triable exclusively by the Court of Session, he shall call upon
the complainant to produce all his witnesses and examine them on oath.

(3) If an investigation under sub- section (1) is made by a person not being a police
officer, he shall have for that investigation all the powers conferred by this Code on an
officer- in- charge of a police station except the power to arrest without warrant.

Case Law References:

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Final-Term Examination Fall-2020
April 2021

2001 PCr.LJ 585

PLJ 2003 SC 706

NLR 1999 Cr. Lah. 433.

Section 203:

Dismissal of the Complaint:

If, after considering the statements on oath (if any) of the complainant and of the
witnesses and the result of the inquiry or investigation (if any) under section 202, the
Magistrate is of opinion that there is no sufficient ground for proceeding, he shall
dismiss the complaint, and in every such case he shall briefly record his reasons for so
doing, CHAP COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
CHAPTER XVI COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

According to Section 203 of Cr.PC, “The Magistrate can also dismiss the complaint if
inquiry or investigation under Section 202 result no ground for proceedings”, i.e. after
considering the statements of the complainant and its witnesses under Section 200
and the result of investigation under Section 202, the Judicial Magistrate is of the
opinion that there is no sufficient ground to proceed in the matter, he shall dismiss
the complaint with brief recorded reasons. A second complaint on the same facts could
be entertained only in exceptional cases.

Case Law References:

2006 PCr.LJ 825.

Question no: 03

Answer:

Section 241 to section 249 defines the procedure of the trial by the magistrate

241-A defines the supply of documents, if there is challaned case then the
responsibility is lie upon the police to provide the documents, if the case is not
challaned, it is the responsibility of complainant to provide the document to the
accused, at least 7 days before.

Case law: 1991PCr.LJ 749

According to sub-section 20 of section 241-a in all those cases which are instituted
upon a complaint submitted by the complainant in writing, the complainant shall,

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 SHAHEED ZULFIQAR ALI BHUTTO UNIVERSITY OF LAW, KARACHI
Final-Term Examination Fall-2020
April 2021

A) State the substance of the accusation;

B) Supply the names of his witnesses;

C) Mention the gist of the evidence which he is going to produce before the magistrate
during the trial commenced on his complaint;

D) Within three days of the order of the court passed in this behalf, file as many copies
of the complaint and other relevant documents filed with his complaint according to
the number of accused.

According to chapter 20 of the crpc, section 241-A states that the court shall supply
free of cost all statements and documents to the accused, not less than seven days
before the commencement of trial.

According to sections 242 and 243 crpc, when the accused appears or is brought
before the magistrate, a formal charge shall be framed relating to the offence of which
he is accused.

And he shall be asked whether he pleads guilty or not, If he pleads guilty, his
admission shall be recorded in words used by him. If the accused says "i do not plead
guilty I claim trial", then the court is bound to proceed according to law by examining
the witnesses of the prosecution and defence.

Section 242 example: Mr. Ali committed a crime, then magistrate while framing the
charges will asked whether he admits that he has committed the offence with which
he is charged.

Section 243 example: If Mr. Ali commits the offence his admission shall be recorded
in the words which are used by Mr. Ali, if Mr. Ali does not show the ground that why
should not be convicted then the magistrate will convict Mr. Ali.

According to section 244, the magistrate shall on the application of complainant or

accused, issue summon to any witness directing him to attend or to produce any
document or materials. According to section 244, when an accused has been formally
charged, and the accused does not plead him guilty, magistrate is bound to proceed
further with the trial under this section.

So firstly it is the duty of complainant to call his witnesses for recording evidence
under section 164 crpc, for the purpose of proving his allegations, which he has
imposed on accused. Secondly, the magistrate is bound to examine all the witnesses
produced by the accused in his defence.

At the time of recording statement of every witness, the following are the rights of
either party:-

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 SHAHEED ZULFIQAR ALI BHUTTO UNIVERSITY OF LAW, KARACHI
Final-Term Examination Fall-2020
April 2021

A) To examine-in-chief, the witness, "the party who call it"

B) To cross-examine, “every witness of adverse party".

C) To re-examine the witness, “the party who called it if necessary".

According to section 245 crpc, if the magistrate upon taking the evidence referred in
section (244), and such further evidence if any, and after examining the accused, finds
the accused not guilty, the magistrate shall record an order of his acquittal.

Where the magistrate upon taking the evidence referred in section (244), and such
further evidence if any, and after examining the accused, finds the accused guilty of
an offence, he shall pass a sentence upon him. According to section 245, magistrate
after examine the evidence referred to under section 244 or any further evidence which
he has required to be produced of his own motion and examine the accused, if finds
the accused not guilty of offence charged with, shall record an order in writing for the
acquittal of the accused.

According to section 247: Non-Appearance of the complainant.

247 defines that the summons will be issued on the complaint and on the day
appointed for the appearance of the accused, if the complainant does not appear
before the court, magistrate shall for some reasons he thinks proper to adjourn the
hearing if the case.

According to section 248: The withdrawal of the complaint

If the complainant at any time before the final order passed on that case, and show
the proper grounds and satisfy the magistrate can withdraw the complainant filled by
him.

According to section 249: Power stop proceedings when no complaint

In any case instituted on the complaint at any time by sessions judge magistrate of
first class can stop the proceedings at any stage, without judgments can release the
accused.

249-A. Power of Magistrate to acquit accused at any stage:

Nothing in this Chapter shall be deemed to prevent a Magistrate from acquitting an

accused at any stage of the case if after hearing the prosecutor and the accused and
for reasons to be recorded; he considers that the charge is groundless or that there is
no probability of the accused being convicted of any offence.

Question no: 04

Answer:

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 SHAHEED ZULFIQAR ALI BHUTTO UNIVERSITY OF LAW, KARACHI
Final-Term Examination Fall-2020
April 2021

Introduction:

Mob violence crowd voilence has become increasingly common in Pakistan over the
years. It does not make any difference whether the crowd is big or small, as long as it
is willing to perpetrate violence, it will cause damage. Sometimes, the law enforcement
agencies seem helpless in controlling the mob. Mob control is a challenging task for
the police and law enforcement personnel. Police officials negotiate with the protesters
to disperse them so that the writ of the state can be maintained.

For the planned large gathering, the police and the administration should take
preemptive measures so that the gathering does not turn violent. For this, they should
make adequate security arrangements, ambulances and appealing to the leaders of
the gathering to keep the gathering or protest peaceful. They should also start working
on their grievances so that the crowd retains its faith in the administration. If mob
does turn violent, the police and administration has to be very careful on how much
force to use. This should depend on the nature of the mob. If it is composed on
students, at most restraint should be exercised by the security forces. Similarly, police
and administration should request the non-violent people in the crowd to disassociate
themselves from the violent ones so that they don’t face adverse consequences of
police action.

Magistrate’s powers regarding cognizance of Public nuisance:

In such kind of situations where mob and crowd gathered leads to violence and
disobedience of law, we have lot of example of protesters where government had faced
difficulties. Magistrate may use the powers

According to section 127 Cr.PC: Assembly to disperse on command of Magistrate

or police officer: assembly of 5 or more than that must disperse on order of
magistrate or Police officer.

According to Section 128 Cr.PC: Use of civil force to disperse: if the assembly is
not dispersing on the order of magistrate or Authorities may use the Civil forces to
disperse the Assembly.

According to section 129 Cr.PC. Use of military force: military forces may called by
magistrate or Police high ranking officers in case the situation gets out of control from
the hands of Police.

According to section 130 Cr.PC. Duty of officer commanding troops required by

Magistrate to disperse assembly: when a police officer determines to disperse any
such assembly by the armed forces; he may require any officer thereof in command of
any group of persons belonging to the armed forces to disperse such assembly with
the help of the armed forces under his command and to arrest and-confine such
persons forming part of it as the Magistrate [or such Police officer] may direct, or as it

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 SHAHEED ZULFIQAR ALI BHUTTO UNIVERSITY OF LAW, KARACHI
Final-Term Examination Fall-2020
April 2021

may be necessary to arrest and confine in order to disperse the assembly or to have
them punished according to law.

According to the section 144 Cr.PC, authorizes the Executive Magistrate of any
state or territory to issue an order to prohibit the assembly of four or more people in
an area. According to the law, every member of such 'unlawful assembly' can be
booked for engaging in rioting. Section 144 is imposed in urgent cases of nuisance or
apprehended danger of some event that has the potential to cause trouble or damage
to human life or property. Section 144 of Cr.PC generally prohibits public gathering.

Section 144 has been used in the past to impose restrictions as a means to prevent
protests that can lead to unrest or riots. The orders to impose Section 144 have been
conferred to Executive Magistrate when there is an emergency situation. Section 144
also restricts carrying any sort of weapon in that area where it has been imposed and
people can be detained for violating it. The maximum punishment for such an act is
three years.

According to the order under this section, there shall be no movement of public and all
educational institutions shall also remain closed and there will be a complete bar on
holding any kind of public meetings or rallies during the period of operation of this
order. Moreover, obstructing law enforcement agencies from dispersing an unlawful
assembly is a punishable offence. Section 144 also empowers the authorities to block
the internet access.144 Cr.PC bars the conduct of certain activities or actions or
events which are allowed to be done in regular course. It is imposed to ensure
maintenance of peace and tranquility in an area.

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