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

Q No.1- When Cr.P.C was enacted?

Ans: Cr.P.C was enacted on 22nd March 1898.

Q No.2- How many sections Cr.P.C contains?

Ans: Cr.P.C contains 565 sections.

Q No.3- What are the classes of criminal Court beside high Court?
Ans: Section 5 of Cr.P.C: 1. Court of Sessions, 2. Court of Magistrate,
There shall be following classes of Magistrate: 1. Ist Class Magistrate, 2. IInd Class
Magistrate, 3. IIIrd Class Magistrate.

Q No.4- What is the procedure for appointment of Special Judicial Magistrate?

Ans: The recommendation of High Court, Provincial Govt. confer upon any person all or
any of the powers conferred or conferrable by or under the code on a Judicial Magistrate
in respect of
a) Particular cases,
b) Particular class or particular clauses or
c) regarding cases generally in any local area.

2. Such Magistrates are called special Judicial Magistrate and shall be appointed for such
term as Provincial Govt. in consultation with High Court by general or special order
direct then Magistrate is appointed U/s 14 Cr.P.C.

Q No.5- What are the powers of Justice of Peace, How is appointed?

Ans: Justice of Peace appointed U/s 22 Cr.P.C by the Provincial Govt. any citizen of
Pakistan whose integrity and suitability founds for such a period as it thinks fit.

Section 22 A & B confers the powers and duties of Justice of Peace, which includes
1. Arrest like a police officer and handing over to nearest police station.
2. Issue certificates to identify the person.
3. Verify the documents.
4. Attest any document like Magistrate.

Ex-Officio Justice of Peace:- According with section 22-A(6) an ex-officio justice of the
peace may issue appropriate directions to the police authorities concerned on a complaint
regarding.

i. Non-Registration of Criminal case.

ii. Transfer of investigation from one police officer to another and,
iii. Neglect, failure or access committed by a police authority concerning its functions
and duties.

Ex-Officio Justice of peace be appointed U/s 25 Cr.P.C who are sessions judges and on
their nomination, Additional Sessions Judge whole of District of Provinces.

Sentences which may be passed by courts of various classes:-

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Sentences which High Court may pass: a) Death, b) Life Imprisonment, c) Imprisonment
of either description i. rigorous, ii. Simple, d) forfeiture of property, e) lashes, f) Fine.

Sentences which Sessions Judge or Additional Sessions Judge may pass:-

a) Death sentence subject to the confirmation of High Court, b) Life imprisonment, c)
Imprisonment of either description i. rigorous, ii. Simple, d) Forfeiture of property, e)
Lashes, f) Fine.

Sentences which Assistant Sessions Judge may pass:-

1. An Assistant Sessions Judge may pass any sentence authorized by law except a) death
sentence, b) life imprisonment, c) imprisonment not exceeding 7 years, d) lashes, e) fine.

Sentences which Magistrate may pass:-

Ist Class:-
1. 3 Years Imprisonment .
2. Whipping
3. Fine not exceeding 100,000.
4. Solitary confinement.

IInd Class:-
1. One Year Imprisonment
2. Fine Not exceeding 50,000/=
3. Solitary confinement.

IIIrd Class:-
1. One Month Imprisonment.
2. Fine not exceeding 1,000/=.
3. Solitary confinement.

Note:- U/s 33-A Magistrate can pass sentence of imprisonment in default of fine but it
should not excess of Magistrate power and not excess to 1/4th of the period of
imprisonment.

Q No.6- When a police officer may arrest without a warrant?

Ans: U/s 54 followings are the conditions when police may arrest without warrant.
1. Any person concerned with a cognizable offence.
2. A person who has an insufficient excuse for any imprisonment of housebreaking.
3. Any proclaimed offender.
4. Possessor of stolen property.
5. A person obstructs P/o in his duty, escapee or attempts to escape from lawful custody.
6. A deserter from armed forces of Pakistan.
7. A person who has committed an illegal act outside Pakistan.
8. Any released convict committing a breach of any rule.
9. A person whose requisition for his arrest is received from another police officer.

Q No.7- (Section 59) When a private person may arrest without a warrant?
Ans: Any private person may arrest 1. Any person who is his view commits a non-
bailable or cognizable offence, 2. Any proclaimed offender.

Q No.8- (Section 64/65) When arrest be made by a Magistrate?

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Ans: According to 64 & 65 Cr.P.C a Magistrate may arrest or order any person to arrest
the offender when an offence is committed in his presence and within the local limits of
his jurisdiction.

Q No.9- (Section 75) What is the procedure when a warrant is issued?

Ans: 1. A warrant for arrest is issued U/s 75 Cr.P.C if Court will issue a warrant of arrest
for compelling a person to appear before the Court, 2. Every Warrant shall remain in
force until it is cancelled by the Court which issued it or until it is expected.

Q No.10- What are different modes of production of accused before Court or state
briefly the steps that may be taken to compel a person to appear before Court?
Ans: There are six modes of production of an accused before Court, 1. Summon, 2.
Warrant, 3. A warrant in view lieu summons, 4. Proclamation of an offence, 5.
Attachment of his property, 6. Bond.

Q No.11- (Section 87) What is proclamation when it is issued?

Ans: Section 87 provides that if any Court after taking evidence that any person against
whom a warrant has been issued it has absconded or is concealing himself so that such
warrant can not be executed, such Court may publish a written proclamation requesting
him to appear at a specified place and time not less than 30 days from the date of such
proclamation.

Q No.12- (Section 88) What is the procedure after the issuance of proclamation U/s
87 Cr.P.C?
Ans:- The Court issuing proclamation u/s 87 may any time order the attachment of any
property movable or immovable or both belonging to the proclaimed persons.

Note:- If the property is debt or movable attachment shall be made as by seizure, by

appointing a receiver, or prohibiting the delivery.

Q No.13- (Section 89) what is the procedure for the restoration of attachment
property?
Ans: If within the 2 years from the date of attachment a person whose property was
attached appears voluntarily or apprehended or brought before the Court who has ordered
for attachment, such property shall be de attached as if it is sold all expenses will be
handed over to him (2004 SCMR 1743).

Q No.14- (Section 96) When a search warrant is issued?

Ans: Search warrant is issued following conditions:
1. Where any Court has reason to believe that a person to whom a summon or order or
requisition has been made will not produce the documents, 2. Where such documents and
thing is not known to Court to be in the possession of any person, 3. where the Court
considers that the purpose of any inquiry, trial or other proceedings will be served by a
general search or inspection.

Note:- If the documents, parcel or other thing is in authenticities the search warrant can
be issued by a District Magistrate.

Q No.15- (Section 98) What are the cases in which a Magistrate may order the police
to search the house?
Ans: If a Magistrate of the first class or upon information and after such inquiry as he
thinks necessary has reason to believe that any place issued for the deposit or sale of
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stolen property, for the deposit or sale or manufacture of forged documents, false seals or
counterfeit stamps, banks notes, currency notes or coins, or instruments or materials for
counterfeiting coins or stamps, banknotes or currency notes or for forgoing or that any
forged documents, false seals or counterfeit stamps or coins or instruments or materials
used for counterfeiting or coins stamps, for forgoing are kept or deposited in any place.

Q No.16- (Section 100) State the provision laid down in code relating to the search of
a person wrongfully confined?
Ans: If a Magistrate of Ist Class has reason to believe that any person is wrongfully
confined as the confinement amounts to an offence he may issue a search warrant and the
person to whom such warrant is directed may search for the person so confined, the
person if so found shall immediately be taken before a Magistrate who shall make such
order as in the circumstances of the case sues proper.

Q No. 17- (Section 145) what is the law in disputes about an immovable property?
Ans: If a Magistrate is satisfied from a police report or other information that there is a
dispute regarding possession of immovable property or rights which is likely to cause a
breach of peace, he shall make an order in writing stating the grounds or his satisfaction
and call up the parties concerned to attend the Court to put in a statement showing their
respective claims, to possession of the subject of dispute, if it appears to Magistrate that
any party forcibly or wrongfully disposed within two months before order he may treat
the party so disposed of as if he had been in possession in such date, in case of
emergency Magistrate can temporary attach the property or appoint a receiver.

Q No.18- (Section 161 & 164) Different between 161 and 164?
Ans: Statement U/s 161 is made before the police by witnesses while statement U/s 164
is made before Magistrate by witnesses or an accused. Statement U/s 161 is neither
signed by witnesses while statement U/s 164 is always signed and made on oath.

Q No.19- (Section 164) What is a confession, what are its classes?

Ans: A confession is an admission made at any time by a person charged with an offence
or suggesting the interference that he has committed an offence.

Classes of confession:-
1. Judicial confession:- Judicial confessions are those which are made before Magistrate.
Those confessions purport to make voluntarily guilt by the accused freely made without
force, any pressure coercion upon him in fit sense and consciousness for which a
Magistrate will satisfy, before recording such statement.

2. Extra-Judicial confession:- Extra-Judicial confessions are non-judicial confessions,

are those which are neither made before nor in legal proceedings as pr-requisite of law. It
carries no evidentiary value though recorded in a fit state of sense and voluntarily by the
accused. It is made before any person other than a Judge or Magistrate.

3. Retracted confession:- It is that confession which initially made freely and voluntarily
but subsequently declined or denied by accused. It is held in PLD 1999 SC 1111 that
confessional statement even when they are retracted if corroborated have an evidentiary
value of their own and can surely be notified to these concern for an explanation and if
warranted can even be relied on collateral quasi-judicial proceeding.

Q No.20- (Section 164 R/w 364) What is exculpatory and inculpatory confession?
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Ans: Exculpatory Confession:- If the person does not implicate himself with the alleged
crime or he partly admits and partly denies in an acknowledgement of sub-ordinate fact
not involving him directly into guilt is an exculpatory confession.

In culpatory Confession:- It is the total acknowledgement of one’s guilt in terms of

offence, it is an admission of all facts which constitutes all offences. It is sufficient for
warranting conviction and admissible in evidence.

Confession against co-accused:- It carries no evidentiary value at all against the third
man/co-accused.

Q No.21- (Section 164 R/w 364) What are the formalities to be observed in recording
confessional statement?
Ans: Before recording a confession, the Magistrate explain to the person making it.
1. He is not bound to confess.
2. If he makes it, it can be used as evidence against him.

Note:- Magistrate does not record it unless upon questioning the person making it, he has
reason to believe that it is voluntarily made.

Q No.22- (Section 164 R/w 364) What are the manners of recording the confessional
statement?
Ans: 1. Confessional Statement shall be recorded in the form of question and answers.
2. Such record shall be shown or read to the person confessing and if the person does not
understand the language in which it is written, it shall be interpreted in the language
which he understands.

3. The accused is at liberty to explain or to add him answers.

4. After all the confessional statement would be signed by the accused and Magistrate.

5. The Magistrate shall make a memorandum.

Q No.23- (Section 165) Can a police Officer (SHO or I.O) search without a warrant,
if so, what are the exceptions to this/it?
Ans: Yes, when such officer has reasonable grounds to believe that he can not obtain a
warrant without undue delay, such officer, after recording the grounds/reasons in writing
of such belief may search or cause to be a search made for such thing, place within his
jurisdiction.

The exception to 165 Cr.P.C:- No such search would be made for anything which in the
custody of 1. Bank or Bankers as defined in Banker’s Book Ordinance 1891.

The exception to the above proviso:- When an investigation is of offence U/s 403, 406,
408, 408 and sections 421, 424 and U/s 465 to 477-A of PPC, with the prior permission
in such search the provision of Cr.P.C 102, 103, 48, 52 are to be considered and complied
with.

Q No.24- (Section 167) What is remand?

Ans: Remand means custody. To remand a prisoner to keep him in custody, 2. The
remand also means send back a cause to lower Court for keeping further evidence, if
remand implies termination of the proceedings by the appellate Court.
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When it is taken:- Whenever any person is arrested and detained in custody and I.O
finds that investigation could not be completed within stipulated time of 24 hours as fixed
by 61 Cr.P.C, he will obtain remand by providing entries in the diaries relating to the
case.

Who grants it:- If nearest Judicial Magistrate whether he has jurisdiction or not by a
judicial order will authorize the detention of accused in such custody as Magistrate thinks
fit for a term not exceeding 15 days whole. Such remand is granted in positions
Magistrate of IInd Class or IIIrd Class can also make an order of remand if authorized by
provincial Government.

Q No.25- (Section 169) When a police officer (I.O) release an accused with or
without surety?
Ans: If upon an investigation it appears to the officer-in-charge of PS or I.O that there is
no sufficient evidence or reasonable ground of suspicion to justify the forwarding the
accused to a Magistrate, such officer shall if such person is in custody, release him on his
executing ahead with or without surety as such officer may direct to appear, if and when
so required before a Magistrate empowered to take cognizance of the offence on a police
report and to try the accused or send him for trial as per section 170 Cr.P.C but if the
police officer finds that there is sufficient evidence or reasonable grounds, the I.O/Police
Officer shall forward the accused to the Magistrate empowered to take cognizance or
forward for trial.

Q No.26- (Section 173) What is the challan/Final Report?

Ans: When an investigation is completed without unnecessary delay, as soon as it
completed, the officer in charge of police, shall through the public prosecutor forward a
report to the Magistrate empowered to take cognizance of offence, if after the
investigation the officer concludes that the case is false, he will give a final report against
the accused thereby discharging them. The final report thus a reference given by the
station house officer by which the accused persons are discharged. If on the other hand,
the case is set out in the FIR with substance the report which he has given is known as a
charge sheet against the accused which contain following particulars:-
Provided that where investigation not completed within 14 days from the date of
recording FIR, the SHO within 3 days of the expiration of such period forward interim
report through public prosecutor to the Magistrate stating therein that the result of the
investigation made until than.

Q No.27- (Section 190) Under what provision Magistrate empowered to take

cognizance?
Ans: All Magistrate of Ist Class or any other Magistrate especially empower by
Provincial Government on the recommendation of High Court may take cognizance of
any offence, a. upon receiving a complaint of fact which constitute such offence, b. upon
a report in writing of such facts made by any police officer, c. upon information received
from any person other than a police officer upon his knowledge or suspicion.

That such offence has been committed which he may try or send to the Court of Sessions
for trial.

Q No.28- (Section 191) When Magistrate is empowered to transfer the case on the
application of an accused?
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Ans: When a Magistrate takes cognizance of all offence under sub-section one clause c of
190, the accused shall before any evidence is taken be informed that he is entitled to have
the case be tried by another Court and if the accused or any of the accused if there be
more than one, object to being tried by such Magistrate, the case shall, instead of being
tried by such Magistrate be sent to Sessions Judge for transfer to another Magistrate.

Q No.29- (Section 192) When Sessions Judge may empower Judicial Magistrate to
transfer the case?
Ans: A Sessions Judge may empower any Judicial Magistrate who has taken cognizance
of any case, to transfer for such case for trial to any other Judicial Magistrate in his
District and such Magistrate may dispose of the case accordingly.

Q No.30- (Section 193) When a Court of Sessions May take cognizance of the
offence?
Ans: 1. Except as otherwise expressly provided by this code or by any other law for the
time being enforce, no Court of Sessions shall take cognizance of any offence as a Court
of original jurisdiction, (unless the case has been sent to it U/s 190 C-2).

(Section 197):- When any person is a judge within the meaning of S. 197 PPC or when
any Magistrate or when any public servant who is not removable from his office, gave by
or with the sanction of Central Government or Provincial Government is accused of any
offence alleged to have been committed by him while acting or purporting to act in the
discharge of his official duty no Court shall take cognizance of such offence except with
the previous sanction.

Q No.31- (Section 200) What is the complaint?

Ans: Complaint means the allegation made orally or in writing to Magistrate with a view
to his taking action under the code, that some person whether known or unknown has
committed an offence but it does not include the report of a police officer.

Q No.32- (Section 200) What is the procedure a Magistrate should adopt on

receiving a complaint?
Ans: When a Magistrate taking cognizance of an offence must examine the complainant
at once, it is a mandatory requirement of law that complainant shall be examined on a
very first date when a complaint is presented to the Magistrate. The examination shall be
on oath.

Q No.33- (Section 201) When Magistrate may return the complaint?

Ans: If a complaint is made to in writing to a Magistrate who is not competent to take
cognizance of the case, he shall 1. if, the compliant is writing return it for presentation to
proper Court or if the complaint is oral, direct the complainant to proper Court.

Q No.34- (Section 203) What are the grounds for dismissal of complaint?
Ans: Magistrate may dismiss the complaint on the following grounds:-
1. That Magistrate thinks that the statement on oath of the complainant and witnesses, the
result of investigation or inquiry U/s 202, there is no sufficient ground for proceeding.

2. A Magistrate has to consider whether there is a prima facie evidence of criminal

offence which in his judgment call upon the alleged offender to answer.

Q No.35- (Section 221, 222, 223) What is a charge?

Ans: 1. Specified name of an offence or its definition/
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2. The law or section of the law against which the offence is alleged to have been
committed.
3. The time and place of the alleged offence and the person.
4. Against whom or thing it was committed.
5. How alleged offence was committed.

Q No.36—(Section 227) What is an alternation of charge?

Ans: Any Court may alter or add to any charge at any time before a Magistrate. Every
such alteration or addition shall be read and explained to an accused. A court may alter or
add to the charge upon its motion or on an application moved by an accused or
prosecution.

Q No.37- (Section 337 & 338) Can a person charge with one offence can be convicted
of another, if so when?
Ans: According to with Sections 337 & 338, an accused is charged with one offence and
it appears in evidence that he committed a different offence for which he might have been
charged, he may be convicted of the offence, which he is shown to have committed
although he was not charged with it.

MAGISTRATE TRIAL
➢ 241-A:- Supply of documents on Magistrate Trial.
➢ 242:- Framing of charge.
➢ 243:- Conviction on pleading guilty.
➢ 244:- Recording of evidence in case the accused plead not guilty.
➢ 245 (1):- Acquittal of an accused after evidence.
➢ 245 (2):- Conviction of an accused after evidence.
➢ 245-A:- Previous conviction of an accused shall be added to the sentence.
➢ 246:- Omitted.
➢ 247:- Non-appearance of the complainant:- The Magistrate shall acquit the
accused unless for reasons adjourning the matter.
➢ 248:- Withdrawal of complaint:- If complainant before a final order is passed in
any case satisfy the Magistrate that there are sufficient grounds for permitting him
to withdraw his complaint, the Magistrate may permit him to withdraw the same
and thereupon acquit the accused.
➢ 249:- Power to stop proceeding when complainant.
➢ 249-A:- Power of Magistrate to acquit accused at any stage.
➢ 250:- False, Frivolous, or vexatious accusation.
➢ 250-A:- Special summons i.e petty offence.

Note:-
1. Dismissal of an application U/s 249 is not Appealable but a criminal Revision
application U/s 439-A.
2. Acquittal U/s 249-A is Appealable U/s 417 before Honourable High Court.

SUMMARY TRIAL

Q No.38- (Section 260) What is Summary Trial?

Ans: Summary Trial means a speedy trial. It means a trial in which the procedure is the
same as prescribed for summons and warrant cases but formal and elaborate or detailed
taking down of evidence and writing down of full-length judgment is not required.
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The object of Summary Trial:- The object of a Summary Trial is to have a record
sufficient for justice but not so long as to impede speedy disposal of justice.

By whom offences can be tried summarily:- U/s 260, Any Magistrate of the Ist Class
especially empowered in this behalf by Provincial Government or any bench of
Magistrate inserted with the power of a Magistrate of Ist Class especially empowered in
this behalf by Provincial Government.

Offences trialable Summarily:- Offences can be tried summarily which has punished
not more than six months.

SESSIONS TRIAL

➢ 265-C:- Supply of statement and documents to accused.

➢ 265-D:- When a charge is to be framed.
➢ 265-E:- Plead guilty, if so, would be convicted.
➢ 265-F:- Evidence for prosecution.
➢ 265-G:- Summoning up to prosecutor and defence.
➢ 265-H:- Acquittal or conviction.
➢ 265-I:- Procedure in case of previous conviction.
➢ 265-J:- Statement U/s 164 Cr.P.C admissible.
➢ 265-K:- Power of Court to acquit accused at any stage.
➢ 265-L:- Power of Government to stay prosecution.

Q No.39- (Section 337) What is an accomplice?

Ans: Article 6 of Qanun-e-Shahadat Order, 1984, an accomplice is co-accused when
giving evidence against other co-accused becomes an accomplice and when is given
pardon becomes approver.

Q No.40- (Section 337) In what cases may a pardon be tendered to an accused

person under Cr.P.C?
Ans: Pardon may be tendered by the officer in charge of prosecution in District may at
any stage of the investigation or inquiry into or the trial of the offence to obtain the
evidence of any person supported to have been directly or indirectly concerned in or
privy to the offence tender of pardon to such person on condition of making full and
timely disclosure to the entire facts to the related person.

Note:- Not in Hudood cases, in qatal and hurt case without the permission of the victim
or the legal heirs as the case may be forfeiture of pardon, if the approve is at fault in any
way, his pardon would be forfeited.

Q No.41- (Section 340) Can an accused be a good witness for himself?

Ans: Yes, according to with section 340(2), as defined that any persona accused of an
offence before a criminal Court or against whom proceedings are instituted in any such
Court if he does not plead guilty give evidence on oath disprove of the charges or
allegations made against him or any person charged or tried together with him at the
same trial.

Q No.42- (Section 341) State the procedure a Sessions Judge would adopt when the
prisoner is the dock is either deaf or dumb?
Ans: If the accused though not insane can not be made to understand the proceedings, the
Court may proceed with the trial and in the case of a Court either then High Court if such
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trial results in a conviction, the proceedings shall be forwarded to the High Court with a
report of the circumstances of the case and the High Court shall pass there on such order
as it thinks fit.

Q No.43- (Section 342) When an accused is examined before trial Court?

Ans: After completion of evidence of prosecution side the accused U/s 342 is called upon
and examined by the trial court to enable the accused to explain any circumstance
appearing in the against him, the Court may without previously warning the accused, put
such questions to him as the considers necessary and shall for the purpose aforesaid
questions him generally on the case for his defence.

Q No.44- (Section 345) Define and distinguish between compoundable and non-
compoundable offences?
Ans: Compoundable offence, where the law permits compromise between an aggrieved
and an offender, same may be with or without permission of Court whereas non-
compoundable offences are those offences where the law does not permit the aggrieved
and offender to effect any compromise.

There are two kinds of compoundable offences U/s 345, 1. offences compoundable
without permission of the Court and, 2. offence compoundable with the permission of
Court.

Note:- Compoundable offences generally affect the individual but non-compoundable are
against the state and they have an effect upon the morale of the whole society.

Q No.45- (Section 353) General rule is that evidence is taken in presence of an

accused, what are an exception to this rule, can commission be appointed to record
statement in criminal Court?
Ans: Exception No.1: (Section 353) Evidence can be recorded in absence of all accused if
he applied for exemption of appearance before Court insufficient reasons and in that case,
his pleader will represent accused.
Exception No.2: (Section 512) Evidence could be recorded by criminal Court in absence
of all accused if he had willfully absconder.

ISSUANCE OF COMMISSION (Section 503):-

Reasons for issuance of commission: - 1. Examination of witnesses necessary for ends
of justice, 2. Attendance of witness not possible without several delay expenses are an
inconvenience, commission may be issued by the High Court or Court of sessions.

Magistrate of Ist Class may be appointed as commission to record a statement of a

witness who is residing within his local limits.

Note:- Section 506 deals with the powers of Magistrate to apply for the issuance of
commission to the sessions judge stating the reasons for application and sessions judge
may either issue a commission or reject the application.

Q No.46- (Section 366) What is the mode of judgment?

Ans: The judgment has to be pronounced in open Court if either immediately after
termination of trial or at some subsequent time, notices must be given to the parties or
their pleaders, the judgment needs to be explained in the language of the Court or in
another language which accused or his pleader understand. The accused if in custody has
to be brought upon or if not in custody, to hear judgment.
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Note:- Where the personal attendance of accused is disposed with and the sentence is of
fine only or he is acquitted, the judgment may be delivered in his presence (Section 386).

Q No.47- (Section 376) What are the powers of the High Court as the Court of
confirmation of death sentence?
Ans: When the Court of sessions passes the sentence of death the proceeding shall be
submitted to the High Court and the sentence shall not be executed unless it is confirmed
by the High Court.

Power of the High Court to confirm the death sentence:- 1. Confirm the sentence, or pass
any other sentence warrant by law. 2. Annul the conviction and convict the accused of
any offence of which the sessions Court might have convicted him or order a new trial on
the same or amended charge. 3. Acquit the accused. 4. if the further inquiry or additional
evidence is required or any point regarding guilt or innocence of convicted persons it may
order for inquiry, take additional evidence itself or direct the same to Court of sessions.

Q No.48- (Section ___) What is the law relating to whipping?

Ans: When an accused is sentenced to whipping in addition to imprisonment, the
whipping shall not be inflicted until 15 days from the date is confirmed by the appellate
Court, the whipping shall be inflicted in the presence of the officer-in-charge of jail. The
punishment concerning strips shall not exceed 30 days and in the case of a person under
16 years of age, it shall not exceed 15 strips.

Note:- The sentence of whipping shall not be executed in instalment.

Persons exempted (Section 393):- Following persons are exempted from whipping:-
1. Female, 2. Males sentenced to death or imprisonment for life or to imprisonment for
more than 5 years. 3. Above the age of 45 years.

Note:- If during whipping it appears to the Magistrate or officer present that the officer is
not in a fit state, health to undergo the remainder of the sentence, the whipping must be
finally stopped. According to section 395(1), the offender shall be kept in custody till the
Court which passes the sentence, on its discretion remit such sentence or in lien of
whipping sentence the imprisonment for a term not exceeding 12 months or fine not
exceeding 500, but the total punishment shall exceed additional the term of fine fixed for
the offence or that which the said Court is competent to inflict.

Q No.49- (Section 381) How the sentences are executed?

Ans: Death sentence:- The Court of sessions carries the death sentence or other order as
may be passed High Court U/s 376 into effect by issuing a warrant or taking other steps.

(Section 382) The High Court may postpone the execution of a death sentence or
commute it to imprisonment for life in the case of a pregnant woman.

(Section 382-A):- U/s 376 or for less than one year, notwithstanding anything contain
and the accused would be released in bail during the pendency of an appeal or its final
disposal.

(Section 382-B):- Where a Court decides to pass a sentence of imprisonment to accused,

it shall take into consideration the period if any during which such accused was defend in
custody for such offence.
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Q No.50- (Section 403) Nobody can be convicted or tried twice? What is double
jeopardy?
Ans: Double Jeopardy: - Section 403 Cr.P.C is based on the ancient maxim “Nemo debts
vexari” which means a person convicted can not be tried twice for an offence which is
involved in an offence with which he was previously charged.
Article 13 has provided a Constitutional guaranty for protection against retrial and the
double punishment for the same offence which cannot be taken away or withheld down
even though a legislative measure.

The same shield is also provided u/s 26 of the General Clause Act and Section 430 of
Cr.P.C.

Exception: - If an order of conviction or acquittal is passed by a Court which was not

having jurisdiction to hold a trial in such proceeding then bar u/s 403 Cr.P.C will not be
applicable.

Q No.51- (Section 412) What are cases in which no appeal lies?

Ans: 1. U/s 412, no appeal lies when an accused pleads guilty and convicted by High
Court, Sessions Court or Magistrate of First Class.

2. U/s 413, no appeal lies in petty cases in which imprisonment does not exceed 6 months
and fine 200 rupees imposed by High Court, imprisonment does not exceed one month by
Court of sessions Court or Magistrate of First Class passes sentence of fine not exceeding
50 rupees.

3. U/s 414, no appeal lies by a convicted person for that offence which is tried summarily
and the Magistrate was empowered to act U/s 26 Cr.P.C and passes sentences not
exceeding two hundred rupees only.

Q No.52- (Section 408) When appeal be filed against the sentence passed by Judicial
Magistrate and Assistant Sessions Judge?
Ans: According to section 408, an appeal from the sentence passed by Assistant Sessions
Judge, Judicial Magistrate or any other Magistrate lies to the Court of Sessions Judge, (30
days Limitation)

Exception:- When any person is convicted for imprisonment excluding 4 years or any
sentence in offence u/s 124-A PPC by a Magistrate appeal shall lie to High Court.

Q No.53- (Section 410) Define appeal from a sentence of Court of Sessions?

Ans: When any person is convicted on a trial by sessions judge or additional sessions
judge then appeal will lie to High Court (30 days limitation)

Sentences passed by the High Court are Appealable to Supreme Court U/s 411-A.

Q No.53- (Section 417) What is acquittal appeal? Who may file? What is the
limitation?
Ans: Appeal against acquittal is made by the following:-
Public Prosecutor-6 months
Private Complainant-30 days
Private person indirect-60 days
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Every Acquittal Appeal shall lie to High Court.

Q No.54- (Section 426) When an appellate Court may suspend the sentence and
grant the bail?
Ans: An Appellate Court may suspend the sentence and grant the bail to an accused
whose appeal is pending appellate Court shall record the reasons for granting such bail, 1.
to imprisonment for a period not exceeding 3 years and whose appeal has not been
decided within six months of his conviction, he may be released on bail by suspending
the sentence U/s 426, 2. to imprisonment for a period exceeding 3 years but exceeding 7
years and whose appeal has not been decided within 1 year of this conviction, 3. to
imprisonment for life or imprisonment exceeding 7 years and whose appeal is not been
decided within 2 years of his conviction.

Q No.55- (Section 439 & 439-A) What is Revision?

Ans: Revision is a correction of the error to avoid a miscarriage of justice arising from a
misconception of law or irregularity of procedure by Superior Court, Revisional
Jurisdiction is mater of discretion and may be exercised by High Court as well as by
Sessions Court.

Note:- Merits of the case are not to be discussed in Revision.

Note:- Revision proceeding may be instituted by 1. Application of aggrieved person, 2

Suo Motu by Court.

Revisional powers are given to the High Court through Section 439 and 439-A to
Sessions Court.

Q No.56- (Section 491) What do you mean by Habeas Corpus?

Ans: It is prerogative writ directed to a person who detains another in custody,
commanding him to produce or “have the body” of the person before the Court, direction
as follow.

Q No.57- (Section 496 & 497) What are bailable and non-bailable offences?
Ans: Bailable offence are those which are shown bailable in the second schedule of the
Cr.P.C and non-bailable offences are those other than the bailable, which too are
contemplated in the second schedule.

Bailable offences are not serious as to non-bailable offences, even the code empowers the
police officer to take cognizance in bailable offences and release the accused on the
execution of bond or surety, whereas non-bailable offence only the Court specified in
IInd Schedule is competent to admit or not the accused to bail either conditionally or
otherwise.

Section 497 relates to the cases of non-bailable whereas section 496 pertains to the
bailable offences.

STATUTORY GROUNDS FOR GRANT OF BAIL IN NON-BAILABLE

OFFENCE:-
a) The accused is under the age of 16 years.
b) Woman, sick or infirm person.
c) On Statutory ground of delay when a trial is not commenced for:
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i) Two years in the case of offence is punishable with death or life imprisonment
(in case of women 1 year)
ii) For one year when the offence is not punishable with death or life
imprisonment (in case of women 6 months)

On above statutory grounds of delay in a trial when such delay in trial or commencement
of trial is not imported with that accused.

Two categories of non-bailable offences:-

1. Offences fall under the prohibitory clause, these offences are “offences punishable
with death or life imprisonment or imprisonment of ten or more years”

2. Offences which do not fall under the prohibitory clause, those offences which are
punishable with less than 10 years imprisonment.

In first category bail is not granted as a rule rather it is granted in exceptional cases.

In the second category grant of bail is a rule and its refusal is an exception.

Section 497-Grounds for grant of bail:-

1. Prohibitory clause not attracted, 2. Further inquiry, 3. A minority of accused, 4.
Woman accused, Sickness or infirmity.

Grounds for refusal of bail:-

1. Ascension of accused, 2. Tempering with prosecution evidence, 3. Repetition of
offence, 4. Accused is previous convict, 5. Prima Facie case made out.

Conditions/grounds in pre-arrest bail:-

1. Mala fide or ulterior motive, 2. Humiliation and harassment, 3. The apprehension of
imminent arrest, 4. A fit case for grant of bail on merit.

Q No.58- (Section 526 & 528) On what grounds criminal cases are transferred?
Ans: Relevant provision of law section 526 deals with the power of transfer of High
Court and 528 with Sessions Court, a transfer can be done on 1. application of an
interested party, 2. application or reference by sub-ordinate Court, 3. suo motu by
Superior Courts.

Grounds for transfer:-

1. Apprehension about a fair and impartial trial or inquiry.
2. Question of law unusually difficulty likely to arise
3. View of a place of occurrence required.
4. General convenience of parties or witnesses.
5. Expedient for ends of justice.

Q No.59- (Section 556) When judge & Magistrate is disqualified from trying case?
Ans: Section 556 bars, no judge or Magistrate shall try-except with the permission of the
Court which an appeal lies from his Court, any case to or in which he is party, or
personally interested, or no judge or Magistrate shall hear an appeal from a judgment or
order passed or made by himself.

Q No.60- (Section 557) Whether a practising pleader can sit as a Magistrate in same
local District?
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Ans: Section 557 bars on practising pleader in the Court of any Magistrate in District,
shall sit as a Magistrate in such Court or on any Court within the jurisdiction of such
Court.