2 CRPC and Medical Jurisprudence

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2. Cr.P.C and Medical Jurisprudence
Civil Law (University of the Punjab)
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Q # 1: What is arrest? When a police officer can arrest without a

warrant? Explain in detail with reference to the relevant law.
1. Introduction
 Under the Criminal Procedure Code, An arrest without warrant is such arrest which is
executed by police officer even without obtaining the arrest warrant from the court. Because
Criminal Procedure Code has granted powers to police officer to arrest without obtaining
arrest warrant. But, it does not mean that this code has given police full liberty in this regard.
Under Cr.P.C, there are multiple circumstances when police can arrest without warrant.
2. Relevant Provision
 Section 55, 56,57,58,59, 64, 65, and 151 of the Cr.P.C deals with arrest without warrant.
3. Definition of Arrest
 An act of arrest is depriving people from their liberty by putting them into jail in order to
investigate them or prevent them from commission of an offense.
4. Definition of Warrant
 Warrant is a document which is issued by a court in which police officer is authorized to
arrest someone and bring him before the court.
5. Cases when arrest may be made without warrant

Following are the cases where police can arrest any person without obtaining the arrest warrant
from the court.
1. Recognizable offence
 A person who commits any recognizable offence and against him a reasonable complaint
has been made by someone, in this case a police officer can arrest any person without
obtaining the arrest warrant from the court.
2. Non-Recognizable offence
 A person who commits any non-recognizable offence in the presence of police officer
where police officer cannot arrest the offender without obtaining the warrant. And
offender refuses to tell his name and address or gives false name and address, in this case
police officer can arrest without arrest warrant.
3. House breaking
 A person who commits an act of house breaking and against him a reasonable complaint
has been made by someone. In this case a police officer can arrest any person without

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4. Possession of stolen property

 A person who is in possession of any stolen property which is recovered by him, in this case
a police officer can arrest any person without obtaining the arrest warrant from the court.
5. Proclaimed offender
 A person against whom proclamation has been published in the print media or has been
broadcasted in electronic media. In this case a police officer can arrest any person without
6. Habitual offender
 A person who is a habitual offender and commits offences in his routine life. In this case a
police officer can arrest any person without obtaining the arrest warrant from the court in
order to prevent him for commission of crimes in future.
7. Concerned in offence committed outside the Pakistan

 A person who has committed an offence outside the Pakistan and such it is also an offence
in the Pakistan, in this case a police officer can arrest any person without obtaining the
arrest warrant from the court.
8. Deserter from Armed Forces

 A person who has deserted (run away) from the Armed Forces of Pakistan such as Army,
Navy or Air force. In this case a police officer can arrest any person without obtaining the
arrest warrant from the court.
9. Obstructing police officer to perform his duty

 A person who obstructs any police officer to perform his duties for administration of justice
and peace, in this case a police officer can arrest any person without obtaining the arrest
warrant from the court.
10. Requisition of arrest

 A person against whom a requisition of arrest has been received to a police officer from
another police officer, requisition must contain the cause of arrest. in this case a police
officer can arrest any person without obtaining the arrest warrant from the court
11. Commission of breach of Rule

 A person who breaches the rule under section No 565 (3) of Criminal Procedure Code, in
this case a police officer can arrest any person without obtaining the arrest warrant from
the court
6. Arrest by Private Person

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Section 59 of Cr.P.C deals with an act of arrest by private person. Details are as under.
1. Non-Bailable Offence
 A private person can arrest a person who has committed an offence which is non-bailable
2. Proclaimed offender
 A private person can arrest a person against whom a proclamation has been published
either in print media or in electronic media.
7. Types of Arrest
Following are the six types of arrest.
1. Arrest without warrant

2. Arrest with warrant
3. Re-arrest
4. Civil arrest
5. Citizen arrest
6. Parole arrest
8. Conclusion
 To conclude I can say that a police officer is authorized to arrest any person without arrest
warrant under some circumstances but it doesn’t mean that he has been vested unlimited
power in this regard. Once a person who is arrested by police officer without arrest warrant,
must be presented before the Magistrate within 24 hours after his arrest.

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Q # 2: What are the modes of production of an accused before a

court under Cr.P.C?
1. Introduction
 Under Criminal Procedure code, when complaints are made against accused, he has to come
before the court to defend himself. This is known as “Appearance”. There are different ways
where an accused can be brought before the court by Service of summons, by warrant of
arrest or by proclamation in electronic or print media. All of these ways are used to compel
an accused to appear before the court.
 Section 68 to 89 of the Cr.P.C deals with the modes of appearance of an accused.
3. Modes to compel appearance

Following are the modes to compel appearance of the accused before the court.
1. Summons
 A summons is a document which is issued by a court informing a person that a complaint
has been filed against him. This is a form of legal process that instructs the defendant to
appear before the court on a specific day and to answer the complaint made by the
plaintiff.
Modes of Summons
Following are the modes of summons.
I. Personal Service
 Personal service of summons is also known as direct service of summons to the
defendant. In this way, copy of summons is delivered to the defendant in person where
defendant or his agent actually resides or carries his business
II. Postal service

 Postal service of summons is also a mode of to serve summons to the defendant. In this
way, copy of summons is delivered to the defendant by registered post, where
defendant or his agent actually resides or carries his business
III. Service by affixation

 Service of summons by affixation is also a mode of to serve summons to the defendant.
In this way the serving officer actually affixes the copy of summons on the outer side of
the door of his residence or his business place

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IV. Substituted Service

 Substituted service of summons to defendant is adopted at that time when court gets
failed to produce defendant before the court even after using above mentioned modes
of service of summons. It is called substituted service.
2. Warrant
 Warrant is a document which is issued by a court in which police officer is authorized by
the court to arrest someone whose name and address is mentioned in the warrant and
bring him before the court.
Essentials of warrant
Following are the essentials of warrant.
I. Issuance by Magistrate
 Warrant should be issued by the magistrate only. If it has been issued other than revenue
officer, in this case it would not be a valid summons.
II. Written
 Warrant should be issued in form of writing. If it has been verbally ordered to arrest an
accused, in this case it is not a valid warrant.
III. Signed
 Warrant should be signed by the magistrate. If it has not been signed by the
magistrate, in this case it is not a valid warrant.
IV. Name and address of accused

 Name and address of the person to be arrested should be mentioned on warrant and
mentioning accused parentage, occupation and residence etc.
V. Seal
 Warrant should be sealed at any cost. If it has not been sealed, in this case it is not a
valid warrant.
3. Proclamation
 An accused whose appearance is sought even after using above all methods, in this case
proclamation for him is done in electronic and print media. This proclamation is pasted at
front side of his house. Court gives 30 days to appear in the court as a final chance. If he
gets failed to appear then he is declared as proclaimed offender

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Essentials of proclamation
Following are the essentials of proclamation.
1. By affixing summons on the outer side of door of last residence or his business
place of the defendant
2. By using electronic ways such as by send an email, fax, telegram, announcement
on TV or radio etc.
3. By announcement in the mosques in the locality where defendant resided ever
4. By using others modes which court thinks fit for the same
Time for appearance

Under the law of C.P.C, the court shall prescribe a limited time for appearance of the
defendant in the court, but not exceeding more than 30 days
4. Conclusion
 To conclude I can say that when someone is accused by plaintiff, in this case he has to come
to the court for his defense as soon as possible. If accused does not come to the court, in this
case court serves summons, arrest warrant or make proclamation to produce accused before
the court.

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Q # 3: What is meant by Habitual Offender? Can he be asked to

furnish security for good behavior and for what period?
1. Introduction
 A habitual offender is a person who is convicted twice for commission of new crime for which
he already had been convicted. Crimes under section 123-A, 124-A and 153-A are such crimes
where magistrate can take security from the offender for his good behavior in the future and
does not give punishment to offender against these crimes. Object of such security is to
prevent an offender from committing crimes again.
 Section 123-A, 124-A and 153-A of the Cr.P.C deals with to take security from the offender
for his good behavior.
3. Definition of Habitual Offender

 Habitual offender is a person who commits the same crime in different times for which he
already had been convicted.
4. Person from whom security for good behavior can be

taken
Under section 108, to 110 of Cr.P.C, the security for good behavior can be taken from the
following person.
1. Persons propagating rebellious matters

 Under section 108 of Cr.P.C, security for good behavior can be taken from those persons
who are propagating rebellious matters which are punishable under section 123-A, 124-A
and 153-A. The object of such security is prevention of the society but not to punish the
offender.
2. Vagabonds and suspected persons.

 Under section 109 of Cr.P.C, security for good behavior can be taken from vagabond and
suspected person if they are intended to commit a crime under section 123-A, 124-A and
153-A. The object of such security is prevention of the society but not to punish the
offender
A. Vagabond
 Vagabond is a person who wanders from one place to another place and does
not have his own home at any place.
B. Suspected person

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 Suspected person is such person who conceals his presence with the intention to
commit offences
3. Habitual Offender
 Under section 110 of Cr.P.C, security for good behavior can be taken from Habitual
offender if he is intended to commit a crime under section 123-A, 124-A and 153-A. The
object of such security is prevention of the society but not to punish the offender.
5. Types of Habitual Offender

Following are the persons who may be Habitual Offenders.
1. Thief
 Thief is a person who steals another person’s property from his custody without using force
or threat of violence. If thief does it in different times, he will be called habitual offender.
2. Robber
 Robber is a person who takes away another person’s property from his custody by using of
force. If robber does it in different times, he will be called habitual offender.
3. House Breaker
 Housebreaking is the crime of entering another person's house by force, for example by
breaking the locks or windows, in order to steal their possessions. If house breaker does it
in different times, he will be called habitual offender
4. Forger
 Forger is a person who makes fraudulent copies of documents in order to harm someone
reputation in the eyes of other people. If forger does it in different times, he will be called
habitual offender
5. Abettor
 Abettor is a person who urges to other person to commit a crime is called abettor. If
abettor does it in different times, he will be called habitual offender
6. Receiver of stolen Property

 A person who receives of stolen property from other person and knows that the property
which he is receiving has been stolen. If he receives such property in different times, he will
be called habitual offender.
7. Harbour robber
 Harbour thief is a person who steals another person’s property from his custody by using of
force in the seas. If harbor robber does it in different times, he will be called habitual
offender.

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6. Objects of Section 110 of Cr.P.C

 Object of the section 100 of Cr.P.C is prevention of the habitual offender from commission of
offense again in the future and to keep him in control and stops him not to prepare a plan to
commit a crim. The amount of security is taken in this regard by the magistrate but security is
not excessive security.
7. Conclusion
 To conclude I can say that a habitual offender is a person who commits or intends to commit
the same crimes again and again, keeping in view this situation of offender, Cr.P.C has
provided section 108 to 100 to control such behavior of an offender, a magistrate can take a
sufficient amount of security for good behavior of offender

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Q # 4: Explain the concept of imprisonment in default of security.

Is session judge empowered to release persons imprisoned for
failing to give security?
1. Introduction
 Under section 106 or 108 of Criminal Procedure Code, a person who is under an obligation to
give security but he does not give security before the prescribed date, in this case he would
be imprisoned. If he already has been imprisoned in this case he would be detained until he
gives the surety. Session judge has an authority to release imprisoned person by imposing
some conditions or without imposing any condition.
 Section 106 and 108 of the Cr.P.C deals with imprisonment in default of security
3. Definition of Imprisonment
 Imprisonment is an act of detaining someone in a prison and Imprisonment in itself a penalty
which is imposed upon an offender by a court
4. Imprisonment in default of security

 Under section 106 or 118 of Cr.P.C, if a person who is under an obligation to pay amount of
security and he does not pay, in this case he shall be imprisoned, if he already is imprisoned
in this case he shall be detained until he pay the amount of security to the court or to the
magistrate who has issued orders for payment of amount of security.
1. Transfer of case to ASJ

 Under the provision of criminal procedure code, a session judge has empowered to
transfer his case to Additional session judge
2. Security is paid Under Section 123 (4)

 Under the provision of the criminal procedure code, if a person imprisoned who pays the
amount of security to the in charge of jail during his imprisonment ,in this case officer in
charge shall refer the case to the magistrate and shall await for the further order of the
court of magistrate.
5. Powers of Session Judge to release a person imprisoned

who failed to give security
Following are the powers of a session judge to release a person who has not paid the security.
1. Release of imprisoned person

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 Under section 124 (1), session judge is empowered to issue an order for release a person
imprisoned who has failed to pay security, such person will be released on the order of
session judge.
2. Conditional discharge
 Under the provision of Criminal Procedure Code, session judge is empowered to issue an
order to discharge any imprisoned person by imposing some conditions and discharged
person will be under an obligation to follow all the conditions imposed upon him
3. Unconditional discharge
 Under the provision of Criminal Procedure Code, session judge is empowered to issue an
order to discharge any imprisoned person without imposing any condition
4. Reduction of security
 Under the provision of Criminal Procedure Code, session judge is empowered to reduce the
amount of security of that person who has been imprisoned for failing to pay the amount
of security
5. Cancellation of conditional discharge

 Under section 124 (5) of Cr.P.C, a person who had been discharged by session judge by
imposing some conditions upon him, but he gets failed to fulfill the conditions, in this case
session judge can cancel his own orders of discharge.
A. Effect of cancellation
After cancellation of conditional order of discharge, such person shall be arrested by
any police officer even without having arrest warrant and shall be brought in the
court before the session judge. He shall be imprisoned until amount of security is
paid
6. Kinds of Imprisonment Under Section 123 (5)

Following are the two kinds of imprisonment for whom who has failed to pay amount of security.
1. Simple Imprisonment
 Simple imprisonment shall be awarded to that person who has failed to pay the amount of
security, if the proceedings have been taken under section 108 of Cr.P.C.
2. Rigorous imprisonment
 Rigorous imprisonment shall be awarded to that person who has failed to pay the amount
of security, if the proceedings have been taken under section 109 of Cr.P.C.
7. Person from whom security can be taken

Under section 108, to 110 of Cr.P.C, the security taken from the following person.

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1. Persons propagating rebellious matters

 Under section 108 of Cr.P.C, security for good behavior can be taken from those persons
who are propagating rebellious matters
2. Vagabonds and suspected persons.

 Under section 109 of Cr.P.C, security for good behavior can be taken from vagabond and
suspected person
3. Habitual Offender
 Under section 110 of Cr.P.C, security for good behavior can be taken from Habitual
offender
8. Conclusion
 To conclude I can say that a person who has been order to pay the amount of security within
the prescribed period, if he gets failed to pay the amount of security in this case he shall be
kept in imprisonment until he pays the amount of security. But session judge has an authority
to release imprisoned person by imposing some conditions or without imposing any
condition.

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Q # 5: What is meant by First Information Report (FIR)? Discuss

the importance of FIR in non-cognizable and cognizable cases.
1. Introduction
 Under Section 154 of Cr.P.C, FIR is entered in a register at the police station. An aggrieved has
a right to report any criminal activity at the concerned police station and has a right to
receive a stamped copy of that FIR. FIR may be reported orally or in written. Concerned
police officer has no authority to refuse to register a case. After submission of report , police
starts investigation accordingly.
 Section 154 of the Cr.P.C deals with First Information Report (FIR)
3. Definition of FIR
 A First Information Report (FIR) is a written complaint which is prepared by police in Pakistan
when police receive information about the commission of a cognizable offense.
4. Modes of Information
Following are the two modes of information which are given by the complainant.
1. Oral information
 Information related to the commission of an offence can be given orally by the complainant
to police in charge.
2. Written information
 Information related to the commission of an offence can be given in writing by the
complainant to police in charge.
5. Essentials of FIR
Following are the essential elements of First Information Report (FIR). Details are as under.
1. Police station
 It is an essential element of FIR that it should be logged in police station only not in the
courts of law. If it is registered in the court it is not a FIR but lawsuit.
2. Cognizable offence
 It is an essential element of FIR that Information should be related to the commission of
cognizable offence (offence which is in the jurisdiction of police)
3. In written

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 It is another essential element of FIR that information should be written form, a police
officer is under an obligation to record the information received orally in written and read
it before the informant once.
4. Signed by informant
 It is another essential element of FIR that information recorded by the police officer should
be signed by the informant. If the informant does not sign, in this case it shall be admissible
as evidence in the court.
5. Entry in Police Diary

 It is most important element of FIR that information taken should be entered in police diary
by police officer as a record of Provincial government in order to provide it in the court
when it is needed.
6. Quashment of FIR
FIR shall be quashed by the High court under section 561-A, if it has been logged with mala fide
intention of the informant. Following are the cases.
1. Lawful marriage
 FIR shall be quashed by the order of High court, if it is logged against lawful marriage of
major adults.
2. Lawful business
 FIR shall be quashed by the order of High court, if it is logged against establishment of
lawful business
3. Insufficient evidence
 FIR shall be quashed by the order of high court, if it is logged but sufficient evidence is not
available
4. Public policy
 FIR shall be quashed by the order of High court, if it is logged against public policy
7. In case of Non-cognizable offence

Under section 155 of Cr.P.C, in case of non-cognizable offence, a police officer shall record the
case in Roznamacha and refer the informant to the magistrate.
1. Investigation power of police

 In case of non-cognizable offence, a police officer is not entitled to investigate without
receiving the order of investigation from the 1st class or 2nd class magistrate.
2. Powers of police after orders of investigation

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 After receiving the orders from the magistrate for investigation, a police officer can
exercise his all powers as he exercises his powers in cognizable cases.
3. Mixed cases of cognizable and non-cognizable

 In case of mixed cases of cognizable and non-cognizable, a police officer is entitled to
investigate without receiving the order of investigation from the 1st class or 2nd class
magistrate
8. Contents of FIR
Following are the contents of FIR.
1. Date, time and place of commission of offence

2. Date of logging of FIR
3. Particulars of informant
4. Signature of informant
5. Signature of recorder of FIR
6. Particular of offender
9. Conclusion
 To conclude I can say that FIR plays an important role in criminal cases, a police officer is
entitled to record and investigate the cognizable cases only. If case is non-cognizable in this
case police officer shall record it on Roznamcha and refer it to magistrate. FIR contains a few
facts which are reported by the informant at initial stage.

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Q # 6: What is meant by Charge? What are its essentials?

Whether a separate charge should be framed for every distinct
offence?
1. Introduction
 Under Criminal Procedure Code, the charge is meant an establishment of allegation against
the accused in a criminal case by a court only where the court is satisfied by the evidence
provided against the accused. The object of charge is to inform an accused individual that he
has been charged against any criminal activity. It is an important to inform the accused so
that he may prepare his defense.
 Section 221,222 & 223 of the Cr.P.C deals with charge.
3. Definition of Charge
 An official accusation made against someone against his criminal activity by the court or
police is called charge.
4. Essentials of Charge
Following are the essentials of charge. Details are as under.
1. Mention of offence.
 Under the provision of Cr.P.C, it is necessary that the offence should be mentioned in the
charge sheet so that accused may come to know about the charge alleged to him
2. Name of offence
 Under the provision of Cr.P.C, it is necessary that the name of offence should be mentioned
in the charge sheet such as robbery, murder etc.
3. Definition of offence
 Under the provision of Cr.P.C, it is necessary that the definition of offence should be stated
in the charge sheet if offence is not named by Criminal Law
4. Particulars of offence
 Under the provision of Cr.P.C, it is necessary that the time of offence, place of offence,
name of person against offence is committed, should be mentioned in the charge sheet.
5. Exception of offence
 Under the provision of Cr.P.C, it is necessary that an exception of the offence should be
mentioned in the charge sheet if there is any exception in criminal activity.

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6. Section of Law
 Under the provision of Cr.P.C, it is necessary that the charge sheet should contain a
particular section of law according to the offence committed.
7. Language of the Charge sheet

 Under the provision of Cr.P.C, it is necessary that the charge should be framed in the
language which is understood by the accused so that he may defend himself or In English
or court’s language.
5. Separate charge for distinct offence

 Under section 234 of Criminal Procedure Code, every person shall be accused against every
distinct offence and he shall be charged and tried separately.
 Example
If a person who has committed an offence of theft on one occasion, and committed
an offence of murder on another occasion. Such person must be separately charged and
separately tried for the theft as well as murder.
 General Rule
Under the section 237 of Criminal procedure code, there is a general rule that a
person charged against one offence cannot be convicted against another offence for
which he has not been charged.
6. Essentials of amendment of charge

Under section 227 of Cr.P.C, following are the essentials of the amendment of the charge.
1. Amendment before final decision

 Under section 227 (1), any charge can be amended by the court at any time but before the
final judgment of the court.
2. Information to accused
 Under section 227 (2), it is the duty of the court that it must inform the accused about
alteration or amendment in the charge
7. Objectives of framing a charge

Followings are the objectives of framing a charge.
1. Brief Statement about offence

 Object of framing a charge is to make a brief statement about the commission of an
offence which is committed by person charged

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2. Information of prosecution
 Objective of framing a charge is to inform a person charged about prosecution which is
being held against him in the court
3. Defense against case
 Objective of framing a charge is to give a chance to person charged for his defence before
beginning of prosecution which is being held against him in the court
4. No Prejudice against Accused

 Object of framing a charge is inform the person charged that there is no prejudice against
him
8. Conclusion
 To conclude I can say that the charge is an essential step in a criminal proceeding. The charge
is a first notice to accused of his offense. At the phase of framing charge, the court exercises
a limited jurisdiction. It would just need to see with respect to whether a prima facie case has
been made out.

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Q # 7: According to the provision in Cr.P.C a court of competent

jurisdiction has the power to end the proceedings without
concluding the trial and acquit the accused. Discuss.
1. Introduction
 Under Criminal Procedure Code, an acquittal certifies that the accused is free from the
charge of an offense. It is a golden rule ancient times, that a person who has been acquitted
on a criminal charge shall not be tried again on the same charge. Because it is happened only
after hearing of the case where magistrate finds the defendant “not guilty” and grants
acquittal.
 Section 249-A, 265-K & 561-A of the Cr.P.C deals with the powers of acquittal.
3. Meaning of Acquittal
 The term acquittal is derived from the Latin words “Quie” and “Tus” which means “freedom
from custody”.
4. Definition of Acquittal
 Acquittal is meant a judgment of the court which certifies that the person charged is not
guilty of the crime.
5. General rule
 Under the provision of Criminal Procedure Code, with one exception, the person acquitted
cannot be retried against the same case by the prosecution because of constitutional
prohibitions against double jeopardy. If the court has passed an order of an acquittal, the
defendant will not be retried if the acquittal is valid.
6. Power of the Magistrate to Acquit

 Under section 249-A of Cr.P.C, no restriction has been placed on the powers of the
magistrate to acquit accused at any stage if Magistrate finds the evidence insufficient. Such
power can be exercised even on the first date of hearing when accused appears before the
magistrate.
7. Power of the Session judge to Acquit

 Under section 265-K of Cr.P.C, no restriction has been placed on the powers of the session
judge to acquit accused at any stage if court finds the evidence insufficient. Such power can
be exercised even on the first date of hearing when accused appears before the magistrate.

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8. Power of the High Court to Acquit

 Under section 265-K of Cr.P.C, no restriction has been placed on the powers of the court to
acquit accused at any stage if court finds the evidence insufficient. Such power can be
exercised even on the first date of hearing when accused appears before the magistrate.
 Explanation
Section 249-A grants power to magistrate and Section 265-K grants power to
session judge, to acquit accused at any stage. The word “at any stage” is meant that
either at the first hearing or whenever magistrate or court thinks fit. Section 561-A
grants similar powers to the high court.
9. Appeal against acquittal

 Under the provision of Cr.P.C, there is no restriction on the appellate Court to review the
evidence upon which an acquittal is granted. If evidence is showing two different possibilities
in the case, one pointing to the accused is guilty and the other is pointing to the accused
innocence, the view which is favoring to the accused shall be adopted. The main object of the
court is to ensure to prevail the justice.
10. Who may appeal against acquittal

Following are the persons who can file an appeal before the court against an order of acquittal.
1. Provincial government
 Under the provision of Cr.P.C, through the public prosecutor the provincial government can
file an appeal before the court against an order of acquittal passed by any court.
2. Complainant
 Under the provision of Cr.P.C, through the public prosecutor the complainant can file an
appeal before the court against an order of acquittal passed by any court.
 Limitation
An appeal has to be submitted within six months from the date of an order of
acquittal.
3. Any aggrieved person

 Under the provision of Cr.P.C, through the public prosecutor the person aggrieved can file
an appeal before the court against an order of acquittal passed by any court.
11. Powers of appellate court in an appeal against acquittal

Following are the powers of the appellate court against an appeal which is submitted against the
order of acquittal.
1. Appellate court can make orders of dismissal of appeal

2. Appellate court can make order for further inquiry

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3. Appellate court can make orders of re-trial of the accused

4. Appellate court can send the accused for trial to the court of session or High court
5. Appellate court can find him guilty and pass a sentence according to law.
12. Conclusion
 To conclude I can say that under the provision of Cr.P.C, magistrates, judges as well as all the
court of law have powers to acquit the accused at any stage, and it is only possible when
court finds the provided evidence insufficient in the case before them. Once court has passed
this order the person acquitted cannot be tried again against the same case.

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Q # 8: Define the term judgment. Explain the procedure of

recording a judgment. Can it be altered after its pronouncements?
1. Introduction
 Judgment is a decision by the court about the accused that either he is guilty or not guilty of
the offense charged and imposition proper liability and penalty upon him if any. It is
written in the official language of the court, personally and directly prepared & signed by
the judge and must contain the statement of the facts and the law upon which it is based.
 Section 366 to 369 of the Cr.P.C deals with the judgment.
3. Definition of Judgment
 Judgment is a decision by the court about the accused that either he is guilty or not guilty of
the offense charged and imposition proper liability and penalty upon him if any
4. Essentials of judgment
Following are the essentials of judgment. Details are as under.
1. Written
 It is an important essential element of the judgment that it should be in form of written in
an official language of the court. A verbal judgment is not a judgment.
2. Prepared by judge personally

 It is an important essential element of the judgment that it should be prepared by judge
personally, if it is prepared by any other person other than judge, it would not be called as
judgment
3. Signed
 It is an important essential element of the judgment that it should be signed by the judge
personally because it cannot attain the status of judgment until it is signed.
4. Statement of facts
 It is an important essential element of the judgment that facts of the case should be
mentioned in the statement of judgment on the basis of case is determined
5. Mention of offence
 It is an important essential element of the judgment that offence should be mentioned in
the judgment for which accused is being convicted.

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6. Date of announcement
 It is an important essential element of the judgment that the date of announcement of the
judgment should be mentioned on the judgment.
5. Presence of accused
 Under the provision of Criminal Procedure Code, at the time of announcement of judgment it
is very necessary that an accused should be in the courts either he is in the custody of police
or not.
6. Procedure of recording of judgment

 Under the provision of Criminal Procedure Code, every judgment is written by the presiding
officer of the court on record register of the court
7. Can a judgment be altered?

Following are the cases where a judge can alter the judgment.
1. Multiplicity of sanctions
 Judgment can be altered where law gets confused that under which sanction of code the
offence is fallen, in this case the court shall clearly express any sanction of code and court
shall pass alternative judgment.
2. Order of acquittal
 Judgment can be altered where any court of jurisdiction has passed an order of acquittal
but the order passed by the court is invalid, in this case the court shall pass alternative
judgment
3. Irregular punishment
 Judgment can be altered where any court of jurisdiction sentences irregular punishment
such a person who is convicted for an offence of death but he is punished with sentence
other than death. In this case the court shall pass alternative judgment.
8. Modes of delivering judgment

Following are the three modes of delivering of judgment under section 366 of Cr.P.C. Details are
as under.
1. In Open Court
 Judgment is delivered in an open courts either after completion of proceedings of the
courts or at the prescribed time
2. In Official language

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 Usually judgment is delivered in an official language of the court after completion of the
court
3. In other language
 Rarely judgment is delivered in an un-official language which is understood by the accused
or his pleader.
9. Conclusion
 To conclude I can say that judgment is a decision which is made by a judge in an open court
of law and this judgment is recorded by the presiding officer of the court. There are some
circumstances where a judgment can be altered under the provision of Criminal Procedure of
Code.

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Q # 9: No one should be convicted twice for the same offence.

Discuss law on the subject.
1. Introduction
 Under the Cr.P.C, rule of double jeopardy is a legal principle accepted by all jurisdictions of
the world, which states that a person who has once been charged against any offence
committed and a verdict has been announced by the court in that charge, he shall not be
again charged or tried for the same offence on the same facts and same evidence.
 Section 403 of the Cr.P.C deals double jeopardy.
3. Definition of Double Jeopardy

 A second prosecution for the same offense after acquittal or conviction for same offense.
Double jeopardy prohibits the double trial and double conviction for the same offence
4. Rule of double jeopardy

 Under section 403 of Cr.P.C, the rule of double jeopardy enumerates that an accused who
has been convicted by a competent court of law, he cannot be tried or convicted by the same
offence again
 Case law
It was held that a person convicted by competent court of law for an offence
cannot be convicted once again for the same offence
5. Essential of double jeopardy

Following are the essential elements of double jeopardy.
1. Previously instituted
 If any question has previously been instituted by the competent jurisdiction of the court
against the person charged in the shape of conviction or acquittal, in this case section 403
of Cr.P.C shall be applied
2. Same offence
 If the facts and evidences of the offence are same against which a competent court has
already made its decision, in this case section 403 of Cr.P.C shall be applied
3. Punishment of accused
If the accused has already been punished by the competent court after prosecution against
commission of any offence, in this case section 403 of Cr.P.C shall be applied

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4. Second trial of accused

 If the accused is being trialed against continuance of the previous proceedings, in this case
section 403 of Cr.P.C shall be applied
5. Trial by competent court

 If the first trial has been made by the competent court of law which has an authority to
deal the case before it, in this case section 403 of Cr.P.C shall be applied
6. Exceptions to the rule of Double jeopardy

Following are the exceptions to the rule of double jeopardy. And second trial can be initiated
against an accused under following circumstances.
1. Multiple offences
 If an accused who has previously not been convicted against multiple offences in previous
trials, in this case second trial can be initiated against an accused and 403 of Cr.P.C shall not
be applied.
2. Separate offence
 If an accused who has previously not been convicted against separate offences in previous
trials, in this case second trial can be initiated against an accused and 403 of Cr.P.C shall not
be applied.
3. Continuous offence
 If an accused who continuously is committing an offence, in this case second trial can be
initiated against an accused and 403 of Cr.P.C shall not be applied.
4. Trial by incompetent court

 If an accused who has previously been convicted by incompetent court of law, in this case
second trial can be initiated against an accused and 403 of Cr.P.C shall not be applied.
7. Objectives of this rule

Following are the objectives of the rule. Details are as under.
1. Protection of accused
 1st object of this rule is protection of the accused from being punished twice for a single
offence committed by him. Plaintiff cannot take action against accused again.
2. Financial pressure

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 2nd object of this rule is protection of the accused from financial pressure because the
judicial proceedings are too expensive such as court fee, advocate’s fee and other judicial
fee.
3. Limits on judicial powers

 The main object of this rule is to stop the judiciary to abusive use of his powers. Under this
rule of law an accused can only be punished once for a crime with double jeopardy.
4. Endless proceedings
 The principle of double jeopardy wants that all the proceedings should be ended as soon as
possible because by initiation of the lawsuit again and again against same offence will
cause of endless proceedings.
8. Conclusion
 To conclude I can say that English law protects the criminals or accused to be tried twice for
the same offence for which the competent court of law has already made its decision. But
there are some exceptions to this rule where a person can be re-trialed against the offence
committed.

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Q # 10: What is an appeal? How it is distinguished from revision

and review. What are the powers of appellate court in disposing
of appeal?
1. Introduction
 The expression of an appeal has not been defined in civil procedure code; an appeal is a form
of complaint which is made by the aggrieved party before the superior court against the
decision of subordinate court in order to revise the decision. The aim of making an appeal is
testing the accuracy of the decision of the lower court.
 Section 404 to 408 and 410, 411 of CPC deals with Appeal and powers of appellate court
3. Meaning of appeal
 The word appeal has been derived from a Latin word “appellore” which means “to call
upon”.
4. Definition of Appeal
 Submission of an application by the aggrieved party before the higher court for the judicial
review of the decision of the lower court is called appeal.
5. Kinds of Appeals
Following are the two kinds of appeal under civil procedure code.
1. 1st Appeal
 Under the provision of Cr.P.C, any aggrieved party shall make an appeal before the higher
court against every decree which is passed by a lower court, where aggrieved party
thinks that the decision made by the lower court is not fulfilling the requirement of
justice.
2. 2nd Appeal
 Under the provision of Cr.P.C, any aggrieved party shall make an appeal only before the
high court against every decree passed in 1st appeal. Where aggrieved party thinks that
the decision made by the appellate court is not fulfilling the requirement of justice.
6. Jurisdiction of appellate court

 Under the provision of C.P.C, appellate court has jurisdiction upon all those matters
which are either pending in the lower courts or have been decided by the lower courts
where aggrieved parties are not satisfied with the long term pendingness or with the
decisions made. It is an important fact that the appellate court cannot take suo moto

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action on the decision of the lower courts until an appeal is submitted by the aggrieved
party.
7. Powers of appellate court
Under Criminal Procedure Code, powers of the appellate court have been defined. It provides
that after hearing the parties, the court may dismiss the appeal, allow the appeal or pass any
other order
1. Dismissal of Acquittal
 Under the provision of Criminal Procedure Code, the appellate court has an authority to
dismiss the orders of acquittal after hearing the case in appeal.
2. Dismissal of conviction
dismiss the conviction after hearing the case in appeal.
3. Enhancement of sentence
enhance the sentence of the accused after hearing the case in appeal.
4. Other orders
make other order as it thinks fit after hearing the case in appeal.
8. Difference between appeal and revision

Following are the distinctions of appeal from revision and review.
1) As to right
 It is a right of appellant to make an appeal in appellate court
 It is the discretion of the court to exercise its revisional power or not
2) As to question
 Appellate court deals with both Question of Law and Question of Fact.
 Court deals with Question of Law only.
3) As to Sentence
 Appellate court cannot enhance the sentence
 Court can enhance the sentence
4) As to Dismissal
 Appellate court cannot dismiss an appeal until it is heard
 Court can dismiss an appeal even without hearing

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9. Difference between appeal and revision

Following are the distinctions of appeal from revision and review.
5) As to right
 It is a right of appellant to make an appeal in appellate court
 No right is given to appellant to ask the court to review the case
6) As to Alter
 In appeal, Appellate court can alter its decision
 In review, Court does not alter its decision.
7) As to Sentence
 In appeal, Appellate court cannot enhance the sentence
 In review, Court cannot alter the sentence
8) As to bound
 In Appeal, Appellate court is bound to hear the case
 In review, court is not bound to review the case
10. Conclusion
 To conclude i can say that appeal is made by the aggrieved party against the decision of
the lower court before the higher court but it does not mean that against every decree
the appeal can be made because it is not inherent right of the aggrieved party but there
are some particular cases where aggrieved party can make an appeal in this regard.

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Q # 11: What is Habeas Corpus? Can a session judge exercise

this power within the territorial limits of session’s divisions?
Explain.
1. Introduction
 Under Constitution of Pakistan 1973, the personal liberty of the citizens is recognized as
fundamental right of citizens of the Pakistan. Section 491 of Criminal Procedure Code
empowers the court to issue the writ of habeas corpus in order to recover the person who
has illegally been detained in private or public custody. It is issued to police official for
recovery of detained person.
 Section 491,100 and 552 of Cr.P.C deals with writ of Habeas Corpus.
3. Meaning of Habeas Corpus

 The word Habeas Corpus is a Latin term which means “to produce the body”
4. Definition of Writ of Habeas Corpus

 A writ of habeas corpus is a court order which is issued to a private person or public official
who has detained a person in his custody to produce the detained individual in the court and
show a valid reason for such detention.
5. Who can file application for Writ of Habeas Corpus?

Following are the persons who can file application for issuance of writ of Habeas Corpus.
1. Aggrieved himself
2. heir on behalf of Aggrieved
3. Advocate on behalf of Aggrieved
6. Modes of issuance of Habeas Corpus

Following are the two modes of issuance of the writ of Habeas Corpus. Details are as under.
1. Suo Moto
 Under the provision of Cr.P.C, court can issue a writ of Habeas Corpus on its own
discretion for recovery of detained person either detention is lawful or not. It is called
suo moto action.
2. On Aggrieved application
 Under the provision of Cr.P.C, court can issue a writ of Habeas Corpus on the personal
application of the aggrieved or any other person on the behalf of aggrieved for recovery
of detained person either detention is lawful or not.

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7. Powers of the court to direct U/s 491

Powers of the court to direct the private or public officials are as under.
1. Person be brought before court

 Under section 491 of Cr.P.C, the competent court has an authority to direct any private
or public official to brought the detained person before the court so that he may be dealt
according to the law
2. Person be brought before commissioner

or public official to brought the detained person before the commissioner so that he may
be trialed according to the law
3. Person be brought as a witness

or public official to brought the detained person before the court as a witness in any
matter which is pending before such court
4. Person to be released
or public official to release the detained person either the detention is lawful or not.
5. Person to be transferred
or public official to transfer the detained person from one custodian to another
custodian for the purpose of trial
8. Exceptions to Habeas Corpus

Following are the cases where a writ of Habeas Corpus cannot be granted.
1. Lawful detention
 Under the provision of Criminal Procedure Code, the competent court cannot issue a writ
of habeas corpus if a person has been detained lawfully.
2. Detention by superior court

of habeas corpus if a person has been detained by the superior court of law.
3. Incompetency of court

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of habeas corpus if the detention of the person is out of territorial jurisdiction of the
court.
9. Conclusion
 To conclude I can say that constitution of Pakistan 1973 provides the right of liberty to every
citizen of the Pakistan, if someone who is detained unlawfully by private person or public
official, in this case under section 491 of Criminal procedure Code, the court is empowered to
issue a writ of habeas corpus for recovery of detained persons

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Q # 12: What is meant by bail? Can it be claimed as a matter of

right in non-bailable offence? Also discuss grounds for grant of
such bail.
1. Introduction
 Under Cr.P.C, Pre arrest Bail is also known as anticipatory bail. If any person thinks that he
would be arrested on false charges due to enmity with someone, or he is afraid of that a false
case may be built up against him. In this case he has the right to move the court of
competent jurisdiction under Code of Criminal Procedure for grant of bail before arrest.
 Section 496,497 & 498 of Cr.P.C deals with bail before arrest.
3. Definition of bail
 The term bail refers to a process in which an individual arrested for a crime is needed to pay
a specified amount of money for his release from police custody. The amount of security is
set by a judge.
4. Definition of bail before arrest

 Bail before arrest is such bail which is granted by the competent court where court thinks
that an innocent person is involved in a case which can become cause of injury to his
reputation, honor etc.
5. Can bail is claimed as a right in Non-bailable offence

 Under the criminal procedure code, it is the discretion of the court that it may grant the
concession of bail in non-bailable offences. But under the light of Cr.P.C, it cannot be claimed
as a right of accused.
6. Bail in Non-bailable offences U/S 497

Following are the cases where bail can be granted to an accused in case of non-bailalbe
offences.
1. Arrest without warrant

 If an accused who has been arrested by the officer of police station without obtaining the
arrest warrants from the competent court, in this case bail will be granted to an accused
even in case of non-bailable offences.
2. Insufficient grounds
 If an accused who has been arrested by the officer of police station but police officer
does not have sufficient grounds for his arrest, in this case bail will be granted to an
accused even in case of non-bailable offences.

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3. Accused himself appears before the court

 If an accused who has been arrested by the officer of police station who himself had
appeared in the court for trial, in this case bail will be granted to an accused even in case
of non-bailable offences.
4. Accused forcefully brought before the court

 If an accused who has forcefully been brought before the court by the officer of police
station, in this case bail will be granted to an accused even in case of non-bailable
offences.
7. When bail before arrest is granted

Following are the cases where bail before arrest is granted. Details are as under.
1. If further inquiry is required

2. If evidence related to case is insufficient
3. If an accused is a minor
4. If an accused is a female
5. If an accused is an old man
6. If there is personal enmity between the parties
7. If there is police is bad faith
8. Kinds of bail
Following are the kinds of bail. Details are as under.
1. Bail after arrest

 Bail after arrest is such bail which is granted to an accused after his arrest, it may be in
both bailable and non-bailable offences.
2. Bail before arrest

 Bail before arrest is such bail which is granted to an accused before his arrest, it may in
both bailable and non-bailable offences.
3. Bail after conviction

 Bail after conviction is such bail which is granted to an accused after his conviction by the
court, where court accepts the appeal of the advocate for such bail and starts hearing of
the case. It may be in both bailable and non-bailable offences.
4. Interim bail
 Interim Bail is such temporary bail which is granted to an accused by the court until your
request for permanent bail is pending before the court.

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5. Permanent bail
 Permanent bail is such bail which is granted to an accused by the court after his arrest
and accused has to apply for bail during under the custody of police.
9. Kinds of Non-bailable offences
Following are the kinds of non-bailable offences. Details are as under.
1. If offence punishable with death,

2. If offence is punishable with life imprisonment
3. If offence is punishable with the term of 10 years
10. Conclusion
 To conclude I can say that criminal procedure code provides that an accused may be granted
pre arrest bail in case of bailable offences and an accused can claim such bail as a right but in
case of non-bailable offences an accused cannot claim such bail as his right but it is the
discretion of the court that it may grant the concession of bail in non-bailable offences on its
own.

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Q # 13: Discuss in detail the power of High Court and provincial

government to transfer cases and appeals.
1. Introduction
 Section 526 of Cr.P.C empowers the High Court to transfer any case from one Court to
another court, subordinate to it, on the basis of valid grounds mentioned therein. The power
of transfer of cases extends to all kinds of cases. If any party to a case thinks that he will not
get a fair trial in the court, he may file an application in the high court for transfer of case.
 Section 526,527 & 528 of Cr.P.C deals with powers of the high court to transfer of cases.
3. Powers of the High Court U/S 526

 Under section 526 of Cr.P.C, the High Court has power to transfer a criminal case from one
court of another court, subordinate to it, under the provisions mentioned in this section. It is
the discretion of the high court or case may be transferred on the application by the inferior
courts.
4. Powers of the Provincial government U/S 527

 Under section 527 of Cr.P.C, for provision of justice the provincial government has power to
transfer a criminal case from one Provincial Criminal Court to another Provincial Criminal
Court.
1. Consent of other provincial government

 One provincial government cannot transfer a case to another provincial government until
the other government gives its consent for transfer of case. In this way case can be
transferred from one high court to another high court.
5. Grounds of transfer of Criminal Case

Following are the grounds of transfer of Criminal Case. Details are as under.
1. Fair trial
 Cases can be transferred from one court to another court, if any of the parties of the case
thinks that the fair trial shall not be held here, in this case, the case may be transferred.
2. Convenience of the party

 Cases can be transferred from one court to another court, if any of the parties of the case
resides far away from the court and faces a lot of inconvenience, in this case, the case
may be transferred.

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3. Convenience of the witness

 Cases can be transferred from one court to another court, if any of the witnesses of the
case resides far away from the court and faces a lot of inconvenience, in this case, the
case may be transferred.
4. Scene of occurrence
 Cases can be transferred from one court to another court, if court wants to see the scene
of occurrence of offence and such place is far away from the court, in this case, the case
may be transferred.
5. Incompetency of court
 Cases can be transferred from one court to another court, if the court is incompetent to
hear the case and case does not come under the jurisdiction of the court, in this case, the
case may be transferred.
6. Modes of transfer of cases

Following are the modes of transfer of cases.
1. Application by person interested

 Application for transfer of case from one court to another court can be filed by any party
if any of the parties of the case thinks that the fair trial shall not be held here, in this case,
the case may be transferred.
2. Application by lower court

 Application for transfer of case from lower court to higher court is filed by lower court
when any difficult question of law arises for determinate before them. In this case lower
court always consults with the high court and makes a report. High court determines the
report and transfer the case to itself or to some other court.
3. Suo Moto order of High Court

 High court has discretionary power to transfer case to itself from lower courts by Suo
Motu order even without having any application of transfer of the case.
7. Objectives of transfer of cases

Following are the objectives of transfer of cases
1) The primary objective of the transfer of cases is to execute a fair trial of the accused
2) The secondary objective of the transfer of cases is to provision of justice to aggrieved
3) The third objective of the transfer of cases is to protect the rights and liberties of the
people

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4) The fourth objective of the transfer of cases is to disgrace the criminal and criminal
activities
5) The fifth objective of the transfer of cases is to provide convenience to the parties and
witnesses
8. Conclusion
 To conclude I can say that under section 526 of Criminal Procedure Code the High Court has
an authority to transfer any case from one court to another court, subordinate to it, such
transfer may be executed on personal application of interested party, or by application or
lower court or it may be by suo moto order of the high court. But there should be sufficient
grounds for transfer of such cases as mentioned in the provision of this section.

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Q # 14: What is the difference between section 529 and 530 of

Cr.P.C. How illegalities and irregularities vitiate the proceedings?
1. Introduction
 Main objective of the law is to provide justice and remedy to the aggrieved and keeping in
mind this concept. Constitution of Pakistan 1973 wants that there should no irregularity and
illegality in the judicial proceedings because such irregularities and illegalities do negatively
affect the outcomes of the proceedings. But Cr.P.C lays down some irregularities which do
not affect the judicial proceedings.
 Section 529, 530 & 531 of Cr.P.C deals with irregularities and illegalities which may vitiate the
judicial proceedings.
3. Definition of irregularities
 Irregularity is meant those judicial proceedings which mistakenly are carried out in good
faith. These irregularities do not vitiate the proceedings and do not considered as violation of
law
4. Definition of illegalities
 Illegality is meant those judicial proceedings which intentionally are carried out in bad faith.
These illegalities vitiate the proceedings and considered as violation of law
5. Irregularities which do not vitiate the proceedings U/S 529

Following are the irregularities which do not the vitiate the proceedings under section 529 of
Criminal procedure code.
1. Issuance of Search warrant

 Under the provision of this section, if a magistrate who is not empowered by law to issue
a search warrant of a house if he does so. In this case such issuance of warrant will be
considered as an irregularity
2. Direction for investigation

 Under the provision of this section, If any magistrate who is not empowered by law to
direct the police officer to investigate a non-cognizable offence if he does so, in this case
such direction of investigation will be considered as an irregularity
3. Direction for inquiry

 Under the provision of this section, If any magistrate who is not empowered by law to
direct the police officer to inquire into the cause of death if he does so, in this case such
inquiry of cause of death will be considered as an irregularity

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4. To tender a pardon
 Under the provision of this section, If any magistrate who is not empowered to pardon
the accused but he does so after the complete trial of the accused if he does so, in this
case such pardon of accused will be considered as an irregularity
5. Transfer of case
 Under the provision of this section, If any magistrate who is not empowered to transfer a
case to any judicial magistrate if he does so, in this case such transfer of case will be
considered as an irregularity
6. Revision of case
 Under the provision of this section, If any magistrate who is not empowered to review
the case if he does so, in this case such revision of the case will be considered as an
irregularity
7. Order for sale of property

 Under the provision of this section, if any magistrate who is not empowered by law to
give orders for the sale of such property whose claimant does not appear within six
months, and property is sold for the benefit of the owner, in this case such sale of
property will be considered as an irregularity
6. Illegalities which vitiate the proceedings U/S 530

Following are the illegalities which vitiate the proceedings under section 530 of Criminal
procedure code.
1. Issue of search warrant of thing

issue a search warrant of a thing such as letter, parcel or other thing if he does so. In this
case such issuance of warrant will be considered as an illegality
2. Demands security for good behavior

demand the amount of security for good behavior, if he does so, In this case such
demand of security will be considered as an illegality
3. Demands security for peace

demand the amount of security to keep peace, if he does so, In this case such demand of
security will be considered as an illegality

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4. Issuance of order U/S 144

issue an order under section 144 where only Zila Nazim is responsible for such orders, if
magistrate does so, In this case such order will be considered as an illegality
5. Tries an offender
 Under the provision of this section, if any magistrate who is no jurisdiction upon an
offender, if magistrate proceeds the case, In this case such proceedings will be
considered as an illegality
7. Difference between section 529 and 530 of Cr.P.C.

Following are the differences between section 529 and 530 of Cr.P.C.
1. As to nature
 Irregularities are curable
 Illegalities are incurable
2. As to affect
 Irregularities do not vitiate the proceedings
 Illegalities vitiate the proceedings
3. As to faith
 Irregularities are based on good faith
 Illegalities are based on bad faith
4. As to violation
 Irregularities does not violate the laws
 Illegalities violate the laws
8. Conclusion
 To conclude I can say that the main object of the law is to protect the aggrieved and law
demands that there should be no irregularities and illegalities in the decisions of the court
because these directly affect the decision which can prevent the justice from prevailing.

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Q # 1: Write a detailed note on medico legal report and its

application to the administration of criminal justice system.
1. Introduction
 Medico Legal Report is such report which is prepared by a medical officer in criminal cases,
such as assault, battery, rape, murder, poisoning, etc. After preparation of this report it is
sent to the court along with the file of case for the guidance of the investigating officer. This
report may be demanded by the court of law, police officer, lawyer, public official or by
patient himself.
2. Definition of Medico Legal Report

 Medico Legal Report is such report which is prepared by a medical officer in criminal cases,
such as assault, battery, rape, murder, poisoning, etc, on the demand of authorized person to
present it in the court of law.
3. Who can prepare Medico Legal Report?

 A medico legal report can be prepared by a medical officer in criminal cases on the demand
of authorized person to present it in the court of law.
4. Essentials of Medico Legal Report

Following are the essential elements of Medico Legal Report. Details are as under.
1. Written
 It is necessary that Medico legal report should be written by the medical officer,
immediately after completion of medical examination of the patient.
2. Presence of Medical Officer

 Presence of the medical officer is necessary at the time of examination of the patient.
Medico legal report should be written by Medical officer.
3. Careful Examination of injured

 It is necessary that the injured person should be examined by medical officer with intensive
care so that facts may be observed
4. Cause of Injury
 It is necessary that after careful examination of the injured person the cause of injury
should be mentioned in the medico legal report by medical officer
5. Cause of Death
 It is necessary that in case of death of patient after careful examination of the body, the
cause of death should be mentioned in the medico legal report by medical officer

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6. Particulars of report
 It is necessary that after completion of careful examination of the patient, the medical
officer should mention patient’s name, parentage, age, address, place of occurrence, types
of injuries, and causes of injuries in the medico legal report.
7. Formal language
 It is very necessary that medico legal report should be in formal language and no technical
language should be used in the report so that the court may be able to understand the
facts mentioned in the report.
8. Description
 It is necessary that the medical officer should mention the type of weapons used in the
description. As well as medical officer is under an obligation to mention the facts observed
only.
5. Purposes of medico legal report

Following are the purposes of the medico legal report. Details are as under.
1. Identification
 Primary objective of the medico legal report is provision of identification of deceased
person if it is out of identification such as in case of explosions, fire, accidents, unknown
bodies or flood; it is only possible by DNA report.
2. Cause of injury
 Secondary objective of the medico legal report is provide the cause of injury suffered by
injured person for the guidance of court of law.
3. Cause of death
 Third objective of the medico legal report is provide the cause of death of deceased person
for the guidance of court of law.
4. Finding of facts
 Forth objective of the medico legal report is to find out the facts which were caused of
injury or cause of death of deceased person for the guidance of the court of law.
5. Final opinion
 Final objective of the medico legal report is to provide that whether injury suffered by
injured person or death of the deceased person was due to criminal activity or not.
6. Importance of Medico Legal Report

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Medico legal report plays a vital role in administration of criminal justice. It is prepared by the
medical officer on the demand of police or court of law or any other authorized official for their
assistance to catch the real offender. It provides following facts that:
1. Death is natural or unnatural

 Medico legal reports provides that the cause of death is natural or unnatural after
complete examination of deceased
2. Accused is insane or not

 Medico legal report provides that the accused is insane or not after his complete
examination.
3. Injury made by accused or not

 Medico legal report provides that the injury suffered is result of act of accused or it has
been made by injured person himself.
4. Nature of weapon
 Medico legal report provides that the injury was made with sharp edged weapons or blunt
weapons
5. Fire Arm
 Medico legal report provides that the fired arm was fired from long distance or from close
distance.
6. Accusation of intercourse is false or not

 Medico legal report provides that whether accusation of sexual intercourse is false or not.
Such report helps innocent person to prevent him from punishment.
7. Conclusion
 To conclude I can say that medico legal report is an integral part of criminal cases which helps
the police official as well as the court of law to determine the case. It is prepared by medical
officer in which facts are mentioned observed by medical officer after complete examination
of the injured or deceased person.

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Q # 2: When and how Post-Morten is conducted? Discuss in detail

its importance in criminal trial.
1. Introduction
 Postmortem is also known as an autopsy which is an examination of a dead body by the
medical officers to investigate the causes and time of death of deceased in criminal cases.
Object of post-mortem is to discover the innocence or guilt of the offender. It is a report on
the basis of which court of law relies during the criminal proceedings because post mortem
report helps to determine the cause and manner of death.
2. Meaning of Post-Mortem
 The term post mortem is a Latin term which means “After death”
3. Definition of Post-Mortem
 Post-mortem is an examination of a dead body by an authorized medical officers to
investigate the causes and time of death of deceased in criminal cases
4. Who can perform post mortem

 Post mortem can be performed by an authorized medical officer in criminal cases in order to
investigate the causes and time of death of the deceased.
5. Essentials of Post-Mortem
Following are the essential elements of post mortem report. Details are as under.
1. Written
 It is necessary that post mortem report should be written by the medical officer,
immediately after completion of examination of the deceased.
2. Preservation of evidentiary material

 It is necessary that if during the post mortem any evidentiary material is found , in this case
it should be preserved by the medical officer
3. Careful Examination of deceased

 It is necessary that the dead body should be examined by medical officer with intensive
care so that facts may be observed
4. Cause of Death
 It is necessary that after careful examination of the body, the cause of death should be
mentioned in the post mortem report by medical officer

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5. Particulars of report
 It is necessary that after completion of post mortem, the medical officer should mention
deceased’s name, parentage, age, address, place of occurrence, types of injuries, and
causes of death in the post mortem report.
6. Formal language
 It is very necessary that post mortem report should be in formal language and no technical
language should be used in the report so that the court may be able to understand the
facts mentioned in the report.
7. Description
 It is necessary that the medical officer should mention the type of weapons used in the
description. As well as medical officer is under an obligation to mention the facts observed.
6. Purposes of Post Mortem

Following are the purposes of the medico legal report. Details are as under.
1. Identification
 Primary objective of the post mortem is an identification of deceased person if it is out of
identification such as it happened in the cases of explosions, fire, accidents, unknown
bodies or flood; it is only possible by DNA report.
2. Cause of death
 Secondary objective of the post mortem is to provide the cause of death of deceased
person for the guidance of court of law.
3. Finding of facts
 Third objective of the post mortem is to find out the facts which were caused of death of
deceased person for the guidance of the court of law.
4. Final findings
 Final objective of the post mortem is to provide that whether injury suffered by deceased
person was due to criminal activity or not.
7. Rules regarding conduction of post mortem

Following are the rules regarding conduction of the post-mortem. Details are as under.
1. Written authorization
 It is a rule that post mortem cannot be conducted until a written authorization is taken by
authorized person.

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2. Examination in daylight
 It is a rule that post mortem should be conducted in the daylight as far as possible instead
of under artificial light
3. Avoid unnecessary delay

 It is a rule that post mortem should not unnecessarily be delayed.
4. Presence of unknown person

 It is a rule that the post mortem should not be conducted in the presence of unknown
person.
5. Examination of blood
 It is a rule that clean blood sample should be taken for examination for important biological
tests.
6. Identification of deceased
 It is a rule that the medical officer must find the identity of the deceased person and
mention the grounds of such identification.
7. Examination of clothes
 It is a rule that clothes of the deceased should be examined because it also helps to find the
facts such as marks of blood stains, gunshots on the clothes helps in this regard.
8. Conclusion
 To conclude I can say that post mortem is conducted by medical officer in order to find the
real offender. Where medical officer observes and finds the facts and causes of death which
helps court to find the criminal. Medical officer can only conduct post mortem until and
unless he is authorized by the authority such as police officer or court of law.

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Q # 3: What is the procedure for taking finger prints? What is their

importance in criminal cases?
1. Introduction
 Under medical jurisprudence, in criminal cases police have used fingerprint evidence to catch
criminals. But in a recent report, the American Association has questioned the scientific
validity of fingerprint analysis. The recovery of fingerprints from a crime scene is an
important method of forensic science because fingerprints of accused are easily deposited on
suitable surfaces such as glass or metal or polished stone by the natural secretions of sweat
2. Definition of finger prints

 Impressions of fingerprints of accused are such marks which are deposited on the suitable
surfaces which show the unique lines of the skin.
3. Types of finger prints

According to the forensic science, following are the three types of finger prints.
1. Patent prints
 Patent prints are such prints which are visible to the naked eye. Patent prints are deposited
when accused has a substance on his fingers such as grease, paint, blood, or ink that leaves
a visible print on a surface.
2. Plastic prints
 Plastic prints are such prints which are less visible to the naked eye as compare to patent
prints. Plastic prints are deposited when accused touches an object such as wax, butter, or
soap and leaves a three-dimensional impression of the finger on the object.
3. Latent prints
 Latent prints are such prints which are difficult to see and forensic science has to make
more efforts to locate such prints. Latent prints are deposited when accused touches any
absorbent or nonabsorbent surface due to natural secretions of sweats or oils, fingers
leave a deposit on surfaces
4. Methods of taking finger prints

Following are the methods of taking finger prints. Details are as under.
1. Rolled Impression
 In this method, in order to obtain rolled finger print, after inking the finger is placed on
paper with turning movements. Finger is rolled from nail to nail in this method.
2. Plain Impression

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 In this method, in order to obtain the plain finger print, after inking the finger is placed on
paper without turning movements
5. Purposes and importance of taking finger prints
Following are the purposes and importance of taking finger prints. Detail is as under
1. Identification
 Primary objective of the finger prints is an identification of deceased person if it is out of
identification such as it happened in the cases of explosions, fire, accidents, unknown
bodies or flood; it is only possible by two ways such as by taking finger prints or by DNA
report.
2. Detection of criminals
 Primary objective of the finger prints is detection of criminals where finger prints of
criminals are taken by a particular procedure from the weapons used at the crime scene so
that real criminal may be detected
3. Conviction of criminals
 Detection of finger prints of the criminals on the weapons which were used to perform
criminal activity, it is very important to convict criminals from only evidence of their finger
prints left on the furniture or other thing.
4. Prevention from perjury

 Fourth objective of the finger prints is preservation of innocents from perjury because by
taking finger prints from the things exist at the crime scene, proof or disproof that either
person accused was there or not at the time of occurrence of crime.
6. Essential of taking finger prints

Following are the essentials of taking finger prints.
1. Ink roller
 It is an essential element of taking finger print that the ink for this purpose should be clean
and free from dust. And a little quantity of ink should be used.
2. Washed finger
 It is an essential element of taking finger prints that the finger should be clean and free
from dust and has been dried before taking print.
3. White paper
 It is an essential element of taking finger prints that the paper should be white in color and
should be clean and free from dust.
4. Leper’s finger print

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 It is an essential element of taking finger prints that the finger of a patient who is suffering
leper, in this case prints should not be taken at any cost.
5. Infectious fingers
 It is an essential element of taking finger prints that the prints of infectious fingers should
not be taken at any cost until the patient gets recovered.
7. Pattern wise classification of finger prints

Pattern wise fingers prints have been classified into four following categories.
1. Arch
2. Loop
3. Whorl
4. Compounds
8. Conclusion
 To conclude I can say that the method of taking finger prints is being used in criminal cases
since long in order to catch the real criminal and forensic science has advanced this method
to protect the innocents from perjury. But now a day’s one of An American Associations has
questioned the scientific validity of fingerprint analysis that’s why it is not so reliable.

lOMoARcPSD|25105851
Q # 4: Explain and distinguish between homicidal, suicidal and

accidental wounds?
1. Introduction
 Under medical jurisprudence, when any person is found dead having wounds on his body, it
is a criminal case where only one question comes in the minds that either these wounds are
the result of homicide, suicide or accident. It is the duty of medical officer to find the facts by
observing the location, type, number and characters of wounds on the deceased body.
2. Definition of Suicidal wounds

 Suicidal wounds are such wounds which are found on those parts of body which are
accessible to the person who injures himself with the intention of suicide.
1. Situation of suicidal wounds

 Suicidal wound are always found on the front side of the body or maximum on the lateral
sides of the body. Because in case of suicide, a person cannot injure himself from his
backside. But person injures his vital parts of body
2. Character of suicidal wounds

 In suicidal case, characteristics of wounds are cut, punctured or gunshot wounds at the
front part of body which is easily accessible as compare to back side. In suicidal cases the
wounds specially are found on throat, chest and wrists.
3. Definition of Homicidal Wounds

 Homicidal wounds are such wounds which are founds on those parts of body which are not
accessible by the person himself and these are inflicted by one person to another person
with the intention to kill him.
1. Situation of Homicidal wounds

 Homicidal wound are always found on the back side of the body or on such position which
cannot easily be accessed by the person himself for suicide. In case of homicide, a person
cannot injure himself from his backside. In this case random wounds are found such as
upon legs, arms etc.
2. Character of Homicidal wounds

 In homicidal case, characteristics of wounds are puncture of heart by pricking a needle in
the heart or by injecting the poison in the base of brain, or cut wounds on ears, nose or
sexual organs which are caused in case of revenge of adultery.
4. Definition of Accidental wounds

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 Accidental wounds are such wounds which are found on all parts of body which are
accessible and not accessible by the person himself and these are inflicted as result of an
accident. These are wounds are kind of injuries.
1. Situation of Accidental wounds
 Accidental wound are always found on the exposed parts of the body and are found on the
same side of the body.
3. Character of Accidental wounds

 In accidental case, characteristics of wounds are found on forehead either accidental
wound or homicidal. In case of accidental shooting, the path of the bullet is found in
random direction
5. Distinguish homicidal, suicidal and accidental wounds

Following are the difference between homicidal, suicidal and accidental wounds. Details are as
under.
1. As to nature
 Homicidal wounds are cut, puncture wounds
 Suicidal wounds are cut, puncture or gunshot wounds
 Accidental wounds are bruised wounds
2. As to place of wounds
 Homicidal wounds are found on in accessible parts of body.
 Suicidal wounds are found on accessible parts of the body
 Accidental wounds are founds on the whole body, especially on exposed parts of body
3. As to number of wounds
 Homicidal wounds are multiple in count
 Suicidal wounds are also multiple in count
 Accidental wounds are either multiple in court or single
4. As to direction of wounds
 Homicidal wounds have no specific directions
 Suicidal wounds have specific directions such as right to left or lower to higher etc.
 Accidental wounds have no specific directions too
5. As to severity
 Homicidal wounds have no specific directions
 Suicidal wounds have specific directions such as right to left or lower to higher etc.
 Accidental wounds have no specific directions too
6. As to weapons

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 In Homicidal wounds, fire-arm, axe etc are used

 In Suicidal wounds, gun, knife and razer are used
 In Accidental wounds , no weapons are used
7. As to motive
 Motives of homicidal wounds are acquire money, property, revenge etc
 Motives of suicidal wounds are domestic quarrels or any deadly diseases
 There are not motives of accidental wounds
6. Conclusion
 To conclude I can say that there are different kinds of wounds which are found on the body.
There are different ways to get injured such as suicidal wounds, homicidal wound as well as
accidental wound. According to their nature there is a lot of difference between all of them
such as to nature, place, severity, as to usage of weapon etc. A medical officer is under an
obligation to find out the cause of wounds under medical jurisprudence

2 CRPC and Medical Jurisprudence

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2 CRPC and Medical Jurisprudence

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2. Cr.P.C and Medical Jurisprudence

Civil Law (University of the Punjab)

Studocu is not sponsored or endorsed by any college or university

Q # 1: What is arrest? When a police officer can arrest without a

5. Cases when arrest may be made without warrant

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4. Possession of stolen property

7. Concerned in offence committed outside the Pakistan

8. Deserter from Armed Forces

9. Obstructing police officer to perform his duty

10. Requisition of arrest

11. Commission of breach of Rule

6. Arrest by Private Person

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1. Arrest without warrant

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Q # 2: What are the modes of production of an accused before a

3. Modes to compel appearance

II. Postal service

III. Service by affixation

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IV. Substituted Service

IV. Name and address of accused

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Time for appearance

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Q # 3: What is meant by Habitual Offender? Can he be asked to

3. Definition of Habitual Offender

4. Person from whom security for good behavior can be

1. Persons propagating rebellious matters

2. Vagabonds and suspected persons.

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5. Types of Habitual Offender

6. Receiver of stolen Property

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6. Objects of Section 110 of Cr.P.C

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Q # 4: Explain the concept of imprisonment in default of security.

4. Imprisonment in default of security

1. Transfer of case to ASJ

2. Security is paid Under Section 123 (4)

5. Powers of Session Judge to release a person imprisoned

1. Release of imprisoned person

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5. Cancellation of conditional discharge

6. Kinds of Imprisonment Under Section 123 (5)

7. Person from whom security can be taken

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1. Persons propagating rebellious matters

2. Vagabonds and suspected persons.

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Q # 5: What is meant by First Information Report (FIR)? Discuss

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5. Entry in Police Diary

7. In case of Non-cognizable offence

1. Investigation power of police

2. Powers of police after orders of investigation

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3. Mixed cases of cognizable and non-cognizable

1. Date, time and place of commission of offence

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Q # 6: What is meant by Charge? What are its essentials?