CRIMINOLOGY AND CRIMINAL

JUSTICE SYSTEM

MINHAJ UNIVERSITY LAHORE

Name of Student: Muhammad Shehroz Latif

Degree: MSc Criminology & Criminal Justice System

Semester: 1st

Session: Fall [2020-2022]

Examination: Mid-Term 2020

Roll No: 2020F-mulmsc-cjs-008

Subject: Criminal Justice System

Assignment Topic: Introduction of Criminal Procedure Code (1898) and

all definitions of Course Outline U/S 4 CrPC

Prof. Name: Sir Dr. M. J. Abbassi

Introduction to Criminal Procedure Code (1898):

The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is
the main legislation on procedure for administration of substantive criminal law in Pakistan. It
was enacted in 1898 and came into force on 1st July 1898. It provides the machinery for the
investigation of crime, apprehension of suspected criminals, collection of evidence,
determination of guilt or innocence of the accused person and the determination of punishment
of the guilty. It also deals with public nuisance, prevention of offences and maintenance
of wife, child and parents.

In medieval India, subsequent to the law set by the Muslims, the Mohammedan
Criminal Law came into prevalence. The British rulers passed the Regulating Act of 1773 under
which a Supreme Court was established in Calcutta and later on at Madras and in Bombay. The
Supreme Court was to apply British procedural law while deciding the cases of the Crown's
subjects.

After the Rebellion of 1857, the crown took over the administration in India. The
Criminal Procedure Code, 1861 was passed by the British parliament. The CrPC was created
for the first time ever in 1882 and then amended in 1898.

At present, the act contains 565 sections, 5 Schedules and 53 Forms. The sections are
divided into 46 chapters.

Territorial extent, scope and applicability:

It extends to the whole of Pakistan but, in the absence of any specific provision to the
contrary, nothing herein contained shall affect any special or local law now in force, or any
special jurisdiction or power conferred, or any special form of procedure prescribed, by any
other law for the time being in force.

Bodies function under the Code:

1. Supreme Court of Pakistan

2. High Courts
3. District and Session Judge and Additional District Judges
4. Judicial Magistrates
5. Police
6. Public Prosecutors

Section 4 CrPC:

Definitions:

In this Code the following words and expressions have the following meanings unless
a different intention appears from the subject or context:

1. Cognizable Offence 8. Trial

2. Non Cognizable Offence 9. Charge
3. Bailable Offence 10. Bail
4. Non Bailable Offence 11. Remand
5. Investigation 12. Physical Remand
6. Inquiry 13.Judicial Remand
7. Complaint

Explanation:

Definitions mentioned above are explained as following:

1. Cognizable Offence:

“That offence in which Police Officer can arrest

accused person without warrant is called cognizable
offence.”

a. Police Officer registers First Information Report under section 154 CrPC.
b. Police Officer can investigate in cognizable offence without permission of Magistrate
under section 156 CrPC.
c. Police Officer can still investigate the cognizable offence if the Police Report under
section 173 has already been submitted. (1993 PCRLJ-223).
2. Non-Cognizable Offence:

“That offence in which Police Officer can arrest

accused person after getting warrant from magistrate is
called Non-cognizable offence.”

a. Police Officer can investigate in non-cognizable offence under section 155 CrPC with
order of Magistrate.
b. Police officer cannot register FIR or investigate accused without permission from
Magistrate in Non-Cognizable Offence.
c. Without order of Magistrate police officer cannot investigate non-cognizable offence.
(1997 PCR LJ 1128).

3. Bailable Offence:

“Bailable offences are those offences in which bail can

be granted.”

“Those offence are also called bailable which are

stated as bailable under Schedule 2 Column 5 of
CrPC.”

a. For bailable offences, bail is an accused person’s right.

b. Pre Arrest Bail is granted under section 498 CrPC.
c. After arrest bail is granted under section 497 CrPC.
d. Bail is granted under section 496 CrPC in Bailable Offences.
e. E.g.
i. Sec 279 PPC: Driving or riding on a public way so rashly or negligently as
to endanger human life, etc. Is bailable offence.
ii. Sec 325 PPC: Attempt to commit suicide. Is bailable offence.
iii. Sec 426 PPC: Mischief. Is bailable offence.
4. Non Bailable Offence:

“Non Bailable offences are those offences in which

bail cannot be granted.”

“Those offence are also called non bailable which are

stated as non bailable under Schedule 2 Column 5 of
CrPC.”

a. For non-bailable cases, bail may only be granted at the discretion of the

court.
b. Bail is granted under 497 CrPC in Non bailable offences.
c. After arrest bail is also granted under 497 CrPC in Non bailable offences.
d. E.g.
i. Sec 337-A (iii) PPC: Shajjah-i-Hashimah. Is non bailable offence.
ii. Sec 396 PPC: Murder in Dacoity. Is non bailable offence.

5. Investigation:

“Investigation means collection of evidence about the

crime.”

a. Purpose of investigation is to provide evidence to court.

b. Chapter 14 of CrPC is related to Investigation.
c. In investigation Police Officer conduct these proceedings:
i. Reaches crime scene under section 157 (1) CrPC.
ii. Require attendance of witnesses under section 160 CrPC.
iii. Records witnesses’ statements under section 161 CrPC.
iv. Creates rough crime scene map under Chapter 25 Phrase 13 of Police Rules
1934.
v. Conducts search under section 165/166 CrPC.
vi. Creates recovery memo under section 103(2) CrPC.
vii. Asks for Physical / Police Remand under section 167 CrPC.
viii. Writes case diaries under section 172 CrPC.
 ix. Creates Challan / Final Police Report under section 173 CrPC.
d. Investigation is to make sure if the accused has committed offence or not under which
he has been charged or final police report under section 173 is submitted. (AIR 1956
SC. 196).
6. Inquiry:

“Inquiry shall be conducted by any person other than

police officer.”

a. Inquiry is conducted by court of law.

b. Inquiry is judicial proceeding.
c. Inquiry isn’t necessarily about crime.
d. Charge frame isn’t necessary for inquiry.
e. Submission of challan isn’t necessary for inquiry
f. Court conducts inquiry about disputes of non-transferable property under section 145
CrPC.
g. Court conducts inquiry about order of death sentence under section 375 CrPC.
h. Purpose of inquiry is to differentiate between truth and falsity. (AIR 1920 Pat. 563).

7. Complaint:

“Complaint means facts in writing regarding offence

before the court.”

a. Complaint is always recorded in the court.

b. Complaint before Magistrate is recorded under section 200 CrPC.
c. Magistrate inquire about truth and falsity of complaint under section 202 CrPC.
d. Every victim can proceed through police or can complaint privately to Magistrate. (AIR
1956 MAD 534).
e. There is no time limit to file complaint but as long as time will pass the complaint will
become doubtful. (PLD 1996 Kar. 253).
8. Trial:

“Trial is a judicial proceeding of the court which ends

in punishment or acquittal.”

a. Trial will be conducted under section 5 of CrPC.

b. All cases register under Pakistan Penal Code will be trialed under CrPC.
c. If any offence is under any local or special law and in that specific law no procedure of
trial is explained then the offender would be trialed under CrPC. (1981 PCrLJ 594).

9. Charge:

“Specific acquisition regarding the offence/crime

committed. It may be the section of offence. It may be
the section of punishment.”

a. Charge is framed in presence of the accused person. Charge is framed in a language

understandable by the law.
b. Evidence shall always be collected under the charge.
c. It is necessary to inform accused about the framing of charge under section 242 of
CrPC.
d. Magistrate frames charge under section 242 of CrPC.
e. Session court frames charge under section 265-D of CrPC.
f. Amendment in Charge framed is made under section 227 of CrPC.
g. In case of more than one accused charge is framed under section 239 of CrPC.

10. Bail:

“Bail is a transfer of custody of an accused person

from law enforcing agencies in the hands of sureties. It
is temporary release of accused till the final judgement
of the case.”
 a. To grant bail is the discretion of the court based on the judgements of superior courts.
b. Concept of bail emerges from conflict between police powers to restrict liberty of a
person who is alleged to have committed a crime and presumption of innocence in favor
of alleged criminal. (PLD 1998 S.C 1).
c. The basic concept of bail is release of a person from the custody of police or delivery
into the hands of sureties, who undertakes to produce him in court as when required.
(PLD 1953 FC 170).

11. Remand:

“Remand means adjournment of the court’s

proceedings to collect evidence.”

a. Physical remand can be granted multiple times but the aggregate amount should not
exceed 14 days.
b. The Magistrate is bound to record reasons for passing an order of remand while
considering all conditions and circumstances and must also send a copy of the order to
the Sessions Court.
c. It is necessary to present accused before Magistrate for application of remand and
Magistrate cannot go to the place where accused is kept in custody. (PLD 1965 Lah
334).

12. Physical Remand:

“When an accused person is handed over to police

officer it’s called Physical/Police Remand.”

a. Physical Remand or Police Remand is granted under section 167 CrPC.

b. To obtain physical remand, an application has to be filed by police officials before a
Magistrate. This application is called ‘parcha’ remand. In this remand application, the
police request the court for remand for a certain period of time. Depending on the
circumstances of the case, the court may grant remand as demanded by the police or
deny it.
 c. A First-Class and Section 30 Magistrate can give an order of remand. The Sessions
Court, High Court, Second-Class Magistrates and Third-Class Magistrates are not
authorized to give an order of remand. A Second-Class Magistrate can give the order
of remand if authorized by the provincial government.
d. An incorrect perception regarding physical remand is that the accused will be tortured
by the police in order to obtain information relating to an offence. The accused has
certain rights in police custody, including the right to:
i. Get legal assistance;
ii. Communicate with relatives;
iii. Receive medical assistance if sick; and
iv. Remain silent.

13. Judicial Remand:

“When an accused person is handed over to jail

authorities it’s called Physical/Police Remand.”

a. Judicial Remand is granted under section 344 of CrPC.

b. Under this section, an accused can get remanded by the judiciary and be sent back to
jail.
c. This order is granted by criminal courts where some cases may be pending.
d. This order can be given by a Magistrate, Court of Sessions and High Court.
e. There is no fixed duration for judicial remand.
f. It is not subject to any time limit and continues as long as the case pending before the
court. Judicial remand is effective only when the accused is in custody.