++++++ CRIMINAL PROCEDURE CODE ++++++++

===============================================
===============================================

DEFINITION , OBJECT AND PURPOSE OF CRIMINAL PROCEDURE CODE, 1898.

==================================================
====================

In criminal laws pakistan penal code , defines the offences and provides their punishments,
while criminal procedure code, laid down the procedure for hearing, and punishing or
acquitting an accused, as the case may be.

The main object of criminal procedure code is thus to supplement the pakistan penal code,
by rules of procedure with a view to prevent offences and bring offender to justice.

The object of the code is clear from its preamble, the code intended to consolidate and
ammend the laws relating to the criminal procedure.

The purpose of criminal procedure code is to provide machinery for the punishment of
offenders against the substantive criminal law embodied in pakistan penal code.

It can be concluded that criminal procedure code is a procedural law and substantive law,
describes the formation of criminal courts, its procedure as well as classification and powers
of criminal courts.

+++++++++++++++ STRUCTURE OF COURTS IN PAKISTAN

+++++++++++++++++++++++++
==================================================
===========================
==================================================
===========================

Supreme Court Of Pakistan...

=========================

The Supreme Court (Urdu: ‫ )?عظمي عدالت‬is the apex court in Pakistan's judicial hierarchy, the
final arbiter of legal and constitutional disputes. The Supreme Court has a permanent seat
in Islamabad. It has number of Branch Registries where cases are heard. It has a number of
de jure powers which are outlined in the Constitution. Through several periods of military
rule and constitutional suspensions, the court has also established itself as a de facto check
on military power. Supreme court of Pakistan is a highest court in the country with 17
permanent judges with a court in federal capital Islamabad and registery offices in each
provincial capital Lahore, Peshawer, Quetta and Karachi. Supreme Judicial Council is a
supervisory board that hears the complaints against any Judge of Supreme Court. Supreme
Court of Pakistan is also a Constitutional and appellate court as well. Supreme Court has a
vast powers over any judicial matter and also has a suo moto power on any issue relating to
Human Rights in the country. It is also last appeal court in the country.

Federal Shariat Court of Pakistan...

==============================

The Federal Shariat Court of Pakistan was established by presidential order in 1980 with the
intent to scrutinised all laws in the country that are against Islamic values. This court has a
remit to examine any law that may be repugnant to the "injunctions of Islam, as laid down
in the Holy Quran and the Sunnah." If a law is found to be 'repugnant', the Court is to
provide notice to the level of government concerned specifying the reasons for its decision.
The court also has jurisdiction to examine any decisions of any criminal court relating to the
application of Islamic (hudud) penalties. The Supreme Court also has a Shariat Appellate
Bench empowered to review the decisions of the Federal Shariat Court. The Federal Shariat
Court of Pakistan consists of 8 muslim judges including the Chief Justice. These Judges are
appointed by the President of Pakistan, after decision is made by the Judicial Committee
consisting the Chief Justice of Pakistan (Federal Shariat Court) and the Chief Justice of
Pakistan . They choose from amongst the serving or retired judges of the Supreme Court or
a High Court or from amongst persons possessing the qualifications of judges of a High
Court.

Of the 8 judges, 3 are required to be Islamic Scolars/Ulema who are well versed in Islamic
law. The judges hold office for a period of 3 years, which may eventually be extended by
the President.

The FSC, on its own motion or through petition by a citizen or a government (federal or
provincial), has the power to examine and determine as to whether or not a certain
provision of law is repugnant to the injunctions of Islam. Appeal against its decisions lie to
the Shariat Appellate Bench of the Supreme Court, consisting of 3 muslim judges of the
Supreme Court and 2 Ulema, appointed by the President. If a certain provision of law is
declared to be repugnant to the injunctions of Islam, the government is required to take
necessary steps to amend the law so as to bring it in conformity with the injunctions of
Islam.

The court also exercises revisional jurisdiction over the criminal courts, deciding Hudood
cases. The decisions of the court are binding on the High Courts as well as subordinate
judiciary. The court appoints its own staff and frames its own rules of procedure.

High Court...
====================================
Lahore High Court,Lahore
Sindh High Court,Karachi
Peshawar High Court,Peshawar
Balochistan High Court,Quetta
Islamabad High Court,Islamabad

There is one High Court in each Province and one in federal capital Islamabad.High Court in
Punjab is called Lahore High Court,in the province of Sindh is called Sindh High Court,in
Khyber pakhtankhwa is called Peshawar High Court and in Baluchistan it is called
Balochistan High Court.High court is appellate court of all civil and criminal cases in the
respective province. The Constitution of Pakistan, 1956, Article 170, its text runs as:

"Notwithstanding anything contained in Article 22, each High Court shall have power
throughout the territories in relation to which it exercise jurisdiction, to issue to any person
or authority, including in appropriate cases any Government directions, orders or writs,
including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and
certiorari, for the enforcement of any of the rights conferred by Part II and for any other
purpose.”

District & Sessions Court...

======================================

District courts exist in every district of each province, with civil and criminal jurisdiction.In
each District Headquarters, there are numerous Additional District & Session Judges who
usually preside the courts.District & sessions Judge has executive and judicial power all over
the district under his jurisdiction. Session court is also a trial court for heinous offences such
as Murder, Rape (Zina), Haraba offences (armed robbery where specific amount of gold and
cash is involved, it is also appelatte court for summary conviction offences and civil suits of
lesser value. Each Town and city now has a court of Additional District & Sessions judge,
which possess the equal authority over, under its jurisdiction. When it is hearing criminal
cases it is called sessions court and when it is hearing civil cases it becomes District court.
Executive matters are brought before the relevant District & Sessions Judge.

Civil Judge Cum Judicial Magistrate Courts...

=========================================

In every town and city,there are numerous civil and judicial magistrate courts.Magistrate
with power of section 30 of Cr.P.C can hear all matter and offences of criminal nature,
where there is no death penalty (such as attempted murder,dacoity,robbery,extortion)under
his jurisdiction but he can pass sentence only up to seven years or less.If the court thinks
accused deserves more punishment than seven years then it has to refer the matter to
some higher court with its recommendations.Every magistrate court is allocated a
jurisdiction that is usually one or more Police Stations in the area.Trial of all non bailable
offences including police remand notices,accused dischages,arrest and search warrants,bail
applications are heard and decided by Magistrate Courts.Most of judicial Magistrates have
powers over civil suits as well, they are uasally called Civil Judge Cum Judicial Magistrates.

Special Tribunals and Boards...

=====================================

There are numerous special tribunals such as;

Banking Courts
Services Tribunals
Income Tax Tribunals
Anti Corruption Courts
Anti Narcotics Courts
Anti terrorist Courts
Labour Relations Court
Board of Revenue.
Special Magistrate courts
Consumer Courts

All most all judges of above courts and tribunals, are of District & sessions Judges or of
have same qualifications.

Family Courts...
================================

The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. These
courts have exclusive jurisdiction over matters relating to personal status. Appeals from the
Family Courts lie with the High Court only.Every town and city has court of family judge.In
some areas, where it is only Family Court but in most areas Civil Judge Courts have been
granted the powers of Family Court Judges.

Juvenile Courts..
============================

Judicial Magistrates have also been empowered to hear the cases under Juvenile Act.
Juvenile Courts..
============================

Judicial Magistrates have also been empowered to hear the cases under Juvenile Act.
Appointments of Judges...
==============================
Supreme Court of Pakistan...
==============================

Prior to 18th Constitutional Amendments,appointments in Supreme Court of Pakistan were

made on the recommendations of the Chief Justice of Apex court by President of
Pakistan.Many times appointments were mede on favouritism.Many of judges who were
appointed, were relatives of Judges or Government officials but after the Supreme Court's
bold judgement in Al-Jehad Trust case,government role in appointment was further
decreased.By this judgement,Government and President office became post office and were
bound to act on recommendations of the Chief Justice of Pakistan. After the 18th
Constitutional Amendments in May 2010,a new Judicial Commission and Parliamentary
committee are recommended.Judicial Commission will consist of Chief Justice of
Pakistan,two senior judges of Supreme Court,Attorney General of Pakistan and Federal Law
Minister of Pakistan.Parliamentary Committee will oversee the recommendations of the
Judicial Commission.

High Courtts...
===========================

Prior to 18th Constitutional Amendments,appointments in High Courts of provinces of

Pakistan were made on the recommendations of the Chief Justice of the respective High
Court by President of Pakistan.Many times appointments were mede on favouritism.Many of
judges who were appointed, were relatives of Judges or Government officials but after the
Supreme Court's bold judgement in Al-Jehad Trust case,government role in appointment
was further decreased.By this judgement,Government and President office became post
office and were bound to act on recommendations of the Chief Justice of the High Courts.
After the 18th Constitutional Amendments in May 2010,a new Provincial Judicial
Commission and Parliamentary committee are recommended.Judicial Commissions will
consist of Chief Justices of High Courts,two senior judges of High Court,Advocates General
of Provinces and Provincial Law Ministers.Provincial Parliamentary Committee will oversee
the recommendations of the Judicial Commissions.

District & Sessions Judges...

===========================

Additional District & Sessions Judges are appointed by the Provincial High Courts from
Lawyers and sub ordinate judiciary.Lawyers are required to pass examination conducted by
High Courts while sub ordinate judges are promoted on seniority basis from senior civil
judges.For lawyer an experience of ten year as an advocate with good standing in
respective jurisdiction is required.

Civil Judge Cum Judicial Magistrate...

===============================

Civil Judge Cum Judicial Magistrate are also appointed by Provincial High Courts on
recommendations of provincial Public Service commissions.Provincial Public Services
Commissions hold open competitive exams after giving advertisements about new
recruitments in National Newspapers.Basic qualification is LL.B from recognised university
and three years experience as an advocate in respective jurisdiction.In competitive
exams,different compulsory papers such as (for exampl in Punjab Public Service
Commission) English Language & Essay,Urdu Language & Essay,Islamic Studies,Pakistan
Studies,General Knowledge( objective test),Criminal Law,Civil Law 1 & 2,General Law
papers are tested.A psychological test of all he passed candidates is conduted and after a
strict interview by members of Service Commissions,recommendations are forwarded to
respective High Courts for appointments.

LAW ENFORCEMENT IN PAKISTAN...

=================================================

Law enforcement in Pakistan (Urdu: ‫)پوليس‬is carried out by several federal and provincial
police agencies. The four provinces and the Islamabad Capital Territory each have a civilian
police force with juridiction extending only to the relevant province or territory. At the
federal level, there are a number of civilian agencies with nationwide jurisdictions including
the Federal Investigation Agency and the National Highways and Motorway Police, as well as
several paramilitary forces including the Pakistan Rangers and the Frontier Corps. The most
senior officers of all the civilian police forces also form part of the Police Service of Pakistan,
which is a component of the civil service of Pakistan.

Agencies...
=========================

Federal...
======================
Airport Security Force, Prompts safety of Civil Aviation through development of legal
framework, practices, procedures, technical and human resources to prevent/respond to
acts of unlawful interference within airport premises.

Anti-Narcotics Force
Federal Investigation Agency

Frontier Constabulary
Frontier Corps, a paramilitary force operating along the western borders of Pakistan

National Highways and Motorway Police, covering all major roads across Pakistan
National Police Academy, a training centre for the senior officers of civilian police agencies

Civilian police ranks

Rank Abbreviation Civil service grade
====================================

Senior ranks
===================================

Inspector General IGP BS 22

Additional Inspector General Addl. IG BS 21

Deputy Inspector General DIG BS 20

Senior Superintendent of Police /

Assistant Inspector General SSP /

AIG BS 19

Superintendent of Police SP BS 18

Assistant Superintendent of Police /

Deputy Superintendent of Police ASP /
DSP BS 17

Junior ranks
================================

Station House Officer /

Police Inspector SHO BS 16

Sub-Inspector SI BS 14
Assistant Sub-Inspector ASI BS 09

Head Constable BS 07

Constable BS 05

==================================================
================================================== =
REMAND
=====================

Remand means the act or an instance of sending something (case) or an accused back for
further action.

KINDS OF REMAND
----------------------------------

There are two kinds of remand namely:

(1). Police remand

(2). Judicial remand

According to section 61 of crpc , the investigating police shall keep the accused in police
station for only 24 hours of his time of arrest, and thereafter, if the investigation of the case
is not completed, the investigation officer apply to the illaqa magistrate for the physical
remand of the accused.

Section 344 CRPC contemplates remand of the accused in the judicial lock up after initiation
of the proceedings in the court.

Section 167 of crpc provides that in certain cases detentionj in the police custody of the
arrested person may be permitted so that the police may completeinvestigation and decide
whether to proceed under section 169 or 170 of crpc.
However, before a magistrate can make an order of remand, the accused person must have
been arrested by the police for the purpose of offence which is investigated and forwarded
to the magistrate.

Illaqa Magistrate is competent to grant physical remand of the accused. But order for grant
of physical remand of the accused must be passed with all seriousness keeping in view the
relevant law and instruction about grant of remand to police incorporated in chapter 25 of
police rules of 1934.

The only ground for granting remand by the magistrate is to see the nature of accusation nd
grounds to believe that the same is well-founded against the accused.
While granting a remand the magistrate must have before him " a copy of the entries in the
diary".

FRONTIER CRIMES REGULATION...

=====================================

The Frontier Crimes Regulation (FCR) comprises a set of laws enforced by the British Raj in
the Pashtun-inhabited tribal areas at the Northwest British India. They were specially
devised to counter the fierce opposition of the Pashtuns to British rule, and their main
objective was to protect the interests of the British Empire.

The FCR dates back to the occupation of the six Pashtun-inhabited frontier districts by the
British in 1848. The regulation was re-enacted in 1873 and again in 1876, with minor
modifications.

With the passage of time, the regulation was found to be inadequate and new acts and
offences were added to it to extend its scope. This was done through promulgation of the
Frontier Crimes Regulation 1901.

The FCR advocates collective punishment, and many human rights activists argue it is
against the most basic Human rights.

According to the FCR despite the presence of popularly elected tribal representatives,
parliament can play no role in the affairs of the area.

Article 247 of the Pakistani Constitution provides that no Act of Parliament applies to FATA,
unless the president so desires. Only the president is authorized to amend laws and
promulgate ordinances for the tribal areas. Some of the provisions described as
discriminatory are substantive as well as procedural - e.g. selection of jirga members
(section 2), trial procedure in civil/criminal matters (sections 8 & 11), demolition of and
restriction of construction of hamlet, village or tower in the North-West Frontier Province
(section 31), method of arrest/ detention (section 38 & 39) security for good behaviour
(sections 40, 42), imposition/collection of fine (sections 22-27).

The act has been condemned by senior judges including noted Pakistani Supreme court
judge Justice A.R Cornelius as "obnoxious to all recognised modern principles governing the
dispensation of justice" in the case of Sumunder vs State (PLD 1954 FC 228).)

Proposed repeal..
=========================

After taking vote of confidence unanimously on 29 March 2008, Pakistan new Prime Minister
Makhdoom Yousef Raza Gilani expressed his government's desire to repeal the FCR.
Following this announcement there have been large number of processions in favor of this
decision and the Prime Minister all over FATA.

==================================================
==================================================
================================

JIRGAH...
==============================

A jirga (occasionally jirgah) (Pashto: ‫ )جرګه‬is a tribal assembly of elders which takes
decisions by consensus, particularly among the Pashtun people but also in other ethnic
groups near them; they are most common in Afghanistan and among the Pashtuns in
Pakistan near its border with Afghanistan. In recent times, the tradition has also been
adopted by Muslims in Kashmir valley, It is similar to that of a town meeting in the United
States or a regional assembly in England, where important regional matters are addressed
among the people of the area.

Functioning...
===============================

The community council meeting is often found in circumstances involving a dispute between
two individuals; a jirga may be part of the dispute resolution mechanism in such cases. The
disputants would usually begin by finding a mediator, choosing someone of stature such as
a senior religious leader, a local notable, or one of the mediation specialists (known as
khans or maliks). The mediator hears from the two sides, and then forms a jirga of
community elders, taking care to include supporters of both sides. The jirga then considers
the case, and after discussing the matter comes to a decision about how to handle the
matter, which the mediator then announces. The jirga's conclusion in the matter has to be
accepted.

The jirga was also used as a court in cases of criminal conduct, but this usage is being
replaced by formal courts in some settled areas of Pakistan and Afghanistan, elsewhere it is
still used as courts in tribal regions.

The jirga holds the prestige of a court in the tribal areas of Pakistan. Although a Political
Agent, appointed by the national government, maintains law and order through Frontier
Crimes Regulation (FCR), the actual power lies in the jirga. The political agent maintains law
and order in his tribal region with the help of jirgas. The jirga can award capital punishment,
stoning to death in case of adultery, or expulsion from the community.

The Sindh High Court imposed a ban on the holding of jirgas in April 2004 because of the
sometimes inhumane sentences awarded to people, especially the women and men who
spread HIV to protect the society. But the ban has been blatantly ignored and nothing has
been done about it so far.

In the recent military operation against al Qaeda and Taliban in Pakistan's restive southern
tribal agencies bordering Afghanistan, jirgas played a key role of moderator between the
government and the militants.

==================================================
==================================================
======================================

Ombudsman
=============================

An ombudsman (conventional English plural: ombudsmen) is a person who acts as a trusted

intermediary between an organization and some internal or external constituency while
representing the broad scope of constituent interests. An indigenous Danish, Norwegian,
and Swedish term, Ombudsmann is etymologically rooted in the Old Norse word
umbuðsmann, essentially meaning "representative". An ombudsman is an official, usually
appointed by the government or by parliament, who is charged with representing the
interests of the public by investigating and addressing complaints reported by individual
citizens.

Usually appointed by the organization, but sometimes elected by the constituency, the
ombudsman may, for example, investigate constituent complaints relating to the
organization and attempt to resolve them, usually through recommendations (binding or
not) or mediation. Ombudsmen sometimes identify organizational roadblocks running
counter to constituent interests.

In some jurisdictions an ombudsman charged with the handling of concerns about national
government is more formally referred to as the "Parliamentary Commissioner" (e.g., the
United Kingdom Parliamentary Commissioner for Administration, and the Western Australian
state Ombudsman). In many countries where the ombudsman's remit extends beyond
dealing with alleged maladministration to promoting and protecting human rights, the
ombudsman is recognized as the national human rights institution. The word ombudsman
and its specific meaning have been adopted in various languages, including Spanish, Dutch
and Czech. The post of ombudsman has been instituted by other governments and
organizations such as the European Union.

An ombudsman may not be appointed by a legislature, but may instead be appointed by, or
even work for, a corporation such as a utility supplier or a newspaper, for an NGO, for a
professional regulatory body, or for local or municipal government.

In some countries an Inspector General may have duties similar to or overlapping with an
ombudsman appointed by the legislature.

Making a complaint to an ombudsman is usually free of charge.

Ombudsman in politics In general, an ombudsman is a state official appointed to provide a

check on government activity in the interests of the citizen, and to oversee the investigation
of complaints of improper government activity against the citizen. If the ombudsman finds a
complaint to be substantiated, the problem may get rectified, or an ombudsman report is
published making recommendations for change. Further redress depends on the laws of the
country concerned, but this normally involves financial compensation. Ombudsmen in most
countries do not have the power to initiate legal proceedings or prosecution on the grounds
of a complaint.
The major advantage of an ombudsman is that he or she examines complaints from outside
the offending state institution, thus avoiding the conflicts of interest inherent in self-
policing. However, the ombudsman system relies heavily on the selection of an appropriate
individual for the office, and on the cooperation of at least some effective official from within
the apparatus of the state. Perhaps for this reason, outside Scandinavia, the introduction of
ombudsmen has tended to yield mixed results.

Organizational ombudsman
==================================

Many private companies, universities, non-profit organizations and government agencies

also have an ombudsman (or an ombuds office) to serve internal employees, and managers
and/or other constituencies. These ombudsman roles are structured to function
independently, by reporting to the CEO or board of directors, and according to International
Ombudsman Association (IOA) Standards of Practice do not serve any other role in the
organization. They are beginning to appear around the world within organizations,
sometimes as an alternative to anonymous hot-lines in countries where these are
considered inappropriate or are illegal, and in addition to hot lines because ombuds offices
typically receive many more calls than do hot lines.

An organizational ombudsman who is practising to IOA "standards of practice" is neutral and

visibly outside ordinary line and staff structures. An organizational ombudsman will practice
informally (with no management decision-making power, and without accepting "notice" for
the organization). An organizational ombudsman typically keeps no case records for an
employer and keeps near absolute confidentiality. The only exception is where there
appears to be an imminent risk of serious harm, and an ombudsman can see no responsible
option other than breaking confidence—but organizational ombuds programs report that
they can almost always find "other responsible options", such as helping a visitor to make
an anonymous report about whatever appears to be the problem.

Pakistan...
------------------------
=======================

In Pakistan, the establishment of the institution of Ombudsman was advocated on several

occasions. It was, however, Article 276 of the Interim Constitution of 1972, which for the
first time provided for the appointment of a Federal Ombudsman as well as Provincial
Ombudsmen. Subsequently, the Constitution of 1973 included the Federal Ombudsman at
item 13 of the Federal Legislative List in the Fourth Schedule. The Institution of
Ombudsman was, however, actually brought into being through the Establishment of the
Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (President’s Order No. 1 of 1983),
which is now a part of the Constitution of the Islamic Republic of Pakistan by virtue of
Article 270-A. It started functioning on 8 August 1983.

The Ombudsman in Pakistan is called "Wafaqi Mohtasib", (English: "Federal Ombudsman")

with its headquarters in Islamabad and Regional Offices in Lahore, Sukkur, Quetta,
Faisalabad, Multan, Dera Ismail Khan, Peshawar and Karachi. The official website of
Ombudsman in Pakistan is http://www.mohtasib.gov.pk.
CHARGE:
==============================
==============================

Chapter (19) of the Code of Criminal Procedure provides forms of Charge and gives
sufficient details about Charge.

Charge Definition:
==========================

According to section (4), A Charge is the precise formulation of the specific accusation made
against a person; it shall give the accused full notice of the offence

Charged against him. Charge means inculpation of a person for an alleged offence. Charge
includes any head of Charge, when the Charge contains more heads

then one. It is drawn up in the form of a statement and contains the description and details
of the offence alleged as to have been committed by the accused.

Object of Charge or why a Charge is required to be framed:

================================================== =

Charge enables the accused to know the Part'icular accusations made against him in-order
to meet and to be ready for them before the evidence is given.
Unless the accused has the accurate and precise knowledge of the Charge levelled against
him, he will not be able to meet his defence.

Particulars of a Charge:
===========================================

According to sections (221), (222) and (223) of Cr.P.C, a Charge should include the
following particulars;

1. The offence with which accused is Charged, giving any specific name of the offence or its
definition, so as to give accused notice of the matter with which he is

Charged.

2: The Law or section of Law in-respect of which the offence is alleged to have been
committed.

3: Where the accused is liable, to enhanced punishment on account of his previous

conviction and such previous conviction has to be proved, such Charge shall

state the fact, date and place of the previous conviction.

4; The time and place of the alleged offence and the person against whom, or the thing in
respect of which, jt was committed.

5: In case of criminal breach of trust or dishonest misappropriation of money only, the gross
sum in respect of which the offence is alleged to have been committed

and the dates between which it is committed may only be stated.

6: Where the particulars mentioned above are not sufficient to give notice of the offence
with which the accused is Charged/ then the Charge shall also contain the

particulars of the manner in which the alleged offence was committed.

Competency of Court to amend alter or add other offence to Charge:

==================================================
==========

According to section (227), "Any Court may alter or add to any Charge at any time before
judgment is pronounced and every such alteration or addition should be

read and explained to the accused."

Comments:

The Court is competent and may alter or add to any Charge upon its own motion or on
application by prosecution, but such alteration or addition of a Charge,

should not prejudice the accused.

Its Consequences:
==================================================

According to sections (228), (229), (230), (231) and (232), the following are the
consequences of alteration or addition to Charge, which are as under:

1: The Court should proceed with the trail, if in the opinion of the Court, such alteration or
addition made to the Charge is not likely to prejudice the accused in his

defence or the prosecution in the conduct of the case, and the Court should treat the new or
altered Charges as the original Charge.

2: When the new, altered or added Charge is such which prejudice the accused or the
prosecution, then the Court may in its opinion, either direct a new trial or

adjourn the trail for such period as may be necessary.

3: The case shall not be proceeded with, when the new, altered or added Charge is one for
the prosecution of which previous sanction is necessary, until such

sanction is obtained.

4; Whenever a Charge is altered or added to by the Court after the commencement of the
trail, the prosecution and the accused shall be allowed to recall or re-

examine the witnesses and also to call any further material witnesses with reference to such
alteration or addition.

5: Whenever in opinion of any Appellate Court in the exercise of its powers of revision or
submission of sentences for confirmation, that any person convicted of an

offence was misled in his defence by the absence of a Charge or by an error, it shall direct a
new trail to be had upon a Charge framed in whatever manner it thinks

fit.

6: The Court shall quash the conviction, when the facts proved against the accused are
such'that no valid Charge could be preferred.

What is the possibility to convict an accused of an offence without having Charged him
thereof:
==================================================
=================================

According to section (237), in the case mentioned in section (236), when it is doubtful what
offence has been
committed. In such case when the accused is Charged

with one offence and it appears in evidence that he committed a different offence, the Court
can convict, such accused although he was not Charged with it.

Conclusion:
=====================

So from the above discussion it is found that charge provides detail inrespect of accusation
and allegations made against an accused by prosecution. It is framed by

the court in-order to stand test of the trial against the accused and to evaluate that the
complaint made against him is genuine or not.

Inherent Powers of High Court:

======================================

Inherent Powers, means those Powers exercised by High Court for resolving a matter, for
which no specific provision of law is available. Shortly Inherent Powers are

powers exercised by High Court for determining a question, in the absence of specific
provision of law. In administrating Justice as prescribed by code, there will

always be cases and circumstances, which are not covered by the express provision of the
code, wherein justice has to be done. It cannot be said that, in the above

circumstances courts have no power to do justice or to redress a wrong merely because no

express provision of the code can be found to meet the requirements of

the case. In such case Inherent Powers may be invoked in the interest of justice and to
make redressal of grievances.
Inherent Powers of High Court are extra-ordinary and intended to be used only in extra-
ordinary cases where no other remedy is available to do the real and

substantial justice. They are usually not invoked when there is another remedy availabie.
Section (561-A) of Cr.P.C provides that, "Nothing contained in the Criminal

Procedure Code shall be deemed to limit or affect the Inherent Powers of the High Court to
make such orders as may be necessary to give effect to any order under

this code; or to prevent abuse of the process of any court or otherwise to secure the ends of
justice" From the above it is observed that the High Court can exercise

Inherent Powers in three cases:

(1) In-order to give effect to any order under the Criminal Procedure Code.

(2) In-order to prevent abuse of process of any court.

(3) In-order to secure the ends of justice.

The High Court has in view of its general jurisdiction over all the Criminal Courts
subordinate to it, Inherent Power to give effect to any order of any such court under

the Code, and to prevent the abuse of process of any such court or otherwise to secure the
ends of justice.
Inherent Powers under section (561-A) can be exercised by High Court alone and not by
Sessions Court or any other subordinate Court. Powers vested in High

Court under section (561-A) are unbridled and vast enough so as to find and rectify any
abuse of process of court and make such orders as may be necessary to

secure the ends of justice. Proceedings without jurisdiction are In abuse of the process of
the Court. Once Court suffers from total lack of jurisdiction, any

proceedings initiated by it, are void-ab-initio. Therefore , power under section (561-A) can
be exercised to correct orders passed without jurisdiction.

Object of Inherent Powers:

=============================

The object of Inherent Powers is to do real and substantial justice and to prevent abuse of
process of court, and to secure ends of Justice. The Inherent jurisdiction

of High Court, under section (561-A) is neither akin to appellate jurisdiction nor to revisional
jurisdiction, but is a special extra-ordinary jurisdiction, main aim and

object of which is to save the people from the agony of the abuse of the process of the
court.

Conclusion:
==========================

From the above-mentioned statements, I reached to this result, that the legislature has not
promulgated law on each and every subject, and a case if brought before

High Court in which a proposition is involved but no law is available on the subject, the High
Court would not refuse to decide the matter on the ground that no law is

available to resolve the matter, but the High Court while exercising its Inherent Powers
'(saved by legislature in the Criminal Procedure' Code) would make a decision

on the subject keeping-in-view the demands of justice..

Q: What procedure shall be adopted after a person is declared proclaimed offender?

Ans. When a criminal case is registered against a person, in-respect of cognizable offence,
and he for the purpose of avoiding his lawful arrest gone into hiding, the

police officer who is conducting investigation would apply to the Illaqa Magistrate for a
warrant of arrest under section (204) of the Cr.P.C against him. If in the
execution of said warrant of arrest the investigation officer did not find the accused, he
would submit his report to this effect on the back of the warrant. Thereafter

the investigation officer would apply for warrant of proclamation under section (87) of
Cr.P.C/ and he would execute the same in-accordance with law.

According to section (87) ofCr.P.C. "(I). If any Court is satisfied after taking evidence that
any person against whom a warrant has been issued by it has absconded or

is concealing himself so that such warrant cannot be executed such Court may publish a
written proclamation requiring him to appear at a specified place and at a

specified time not less than thirty days from the date of publishing such proclamation.

(2) The proclamation shall be published as follows:-

(a) it shall be publicly read in some conspicuous place of the town or village in which such
person ordinarily resides;

(b) it shall be affixed to some conspicuous part of the house or homestead in which such
person ordinarily resides or to some conspicuous place of such town or

village; and

(c) a copy thereof shall be affixed to some conspicuous part of the Court-house.

(3) "A statement in writing by the Court issuing the proclamation to the effect that the
proclamation was duly published on a specified day shall be conclusive

evidence that the requirements of this section have been complied-with, and that the
proclamation was published on such day. Thereafter the investigation officer

would apply to the court for order of attachment of the property of person absconding under
section (88) of Cr.P.C. The investigation officer would carried-out the

remaining investigation in absentia of the person absconding and after of its completion he
would forward challan against him under section (512) Cr.P.C to the

competent court of jurisdiction.

The court would first summon search witness (DFC), who has executed warrants under
section (204) and (87), Cr.P.C, and would record his statement. If from the

statement of search witness the court finds that the accused has gone into hiding and
avoided his lawful arrest and absconded, then the court would declare him

absconder and the court would commence the conduct of trial in his absentia.

The court would summon all the prosecution witnesses and record their statements. At the
final stage of the Trial the Court would give an opportunity to the public

prosecutor to present arguments. After hearing of the arguments if the court finds that
strong evidence and a prima facie case is available on record against the

absconding accused, the court would announce order against him/ declaring him proclaimed
offender, and the court would issue a perpetual warrant against him,

and send the record to the police station concerned with the direction to arrest the
(proclaimed offender) and to produce him before the court.

According to section (512) of Cr.P.C,

"(I). If it is proved that an accused person has absconded, and that there is no immediate
prospect of arresting him/ the Court competent to try or send for trial to the

Court of Sessions or High Court such person for the offence complained-of may, in his
absence, examine the witnesses (if any) produced on behalf of the

prosecution, and record their depositions. Any such deposition may, on the arrest of such
person, be given in evidence against him on the inquiry into, or trial for,

the offence with which he is charged, if the deponent is dead or incapable of giving evidence
his attendance cannot be procured without an amount of delay,

expense or inconvenience which, under the circumstances of the case, would be

unreasonable.

(2) Record of evidence when offender unknown:

If it appears that an offence punishable with death or imprisonment for life has been
committed by some persons unknown, the High Court may direct that any

Magistrate of the first class shall hold an inquiry and examine any witnesses who can give
evidence concerning the offence. Any depositions so taken may be given

in evidence against any person who is subsequently accused of the offence, lf the deponent
is dead or incapable of giving evidence or beyond the limits of

Pakistan"
Q: Discuss the Powers of appellate court regarding disposal of Appeal?
==================================================
==========

Ans.: Appeal, Appellate Court and Appeal procedure:

==============================================

The word Appeal is an undefined expression; it means the removal of a cause from an
inferior Court to a superior one for the purpose of testing the soundness of

the decision of inferior Court, Appellate Court means the Court in which Appeal can be filed
against judgment of the trial Court. The procedure for Appeal is that,

when accused is brought before the trial Court in a criminal case, his case is tried upon
evidences produced by the parties and thereafter the Court gives its

decision. This is called judgment of the trial Court. But in-order to challenge its validity the
powers of Appeal are conferred upon Superior Courts by Cr.P.C., so the

right of Appeal is provided by the law to a person, who is not satisfied with the decision of
the trial court.

Procedure before disposing-of Appeal:

====================================

According to sections (419), (420), (421) and (422) ofCr-.P.C, the following procedure is
provided before disposing of Appeal:

1. Petition of Appeal:
===================

According to section (419), "Every Appeal shall be made in the form of a petition in writing
presented by the appellant or his pleader, and every such petition shall

(unless the Court to which it is presented otherwise directs) be accompanied by a copy of

the judgment or order Appealed against."

2. Procedure when appellant in Jail:

===============================

According to section (420), "If the appellant is in Jail, he may present his petition of Appeal
and the copies accompanying the same to the officer in charge of the Jail,

who shall thereupon forward such petition and copies tothe proper appellate Court.'

3. Summary Dismissal of Appeal:

=============================

According to section (421), "On receiving the petition and copy under section (419) or
section (420), the Appellate Court shall peruse the same, and, if it considers

that there is no sufficient ground for interfering, it may dismiss the appeal summarily:
Provided that no appeal presented under section (419) shall be dismissed

unless the appellant or his pleader has had a reasonable opportunity of being heard
insupport of the same. Before dismissing an appeal under this section, the

court may call for the record of the casebut shall not be bound to do so.'

Notice of Appeal:
=================

According to section (422), "If the Appellate Court does not dismiss the Appeal summarily,
it shall cause notice to be given to the appellant or his Pleader, and to

such officer as the Provincial Government may appoint in this behalf, of the time and place
at which such appeal will be heard, and shall on the application of such

officer, furnish him with the copy of grounds of appeal.

And, in cases of appeals under section (411-A), sub-section (2) or section (417), the
Appellate Court shall cause a like notice to be given to the accused."

Powers of Appellate Court in disposing of Appeal:

============================================

According to section (423), "The Appellate Court shall then send for the record of the case,
if such record is not already in Court. After perusing such record, and

hearing the Appellant and his pleader, if he appears, and the Public Prosecutor, if he
appears, and in case of an Appeal under section (411-A) sub-section (2) or

section (417), the accused, if he appears, the Court may, if it considers that there is no
sufficient ground for interfering, dismiss the Appeal, or may—

(a) in an Appeal from an order of acquittal, reverse such order and direct that further
inquiry be made, or that the accused be retired or sent for trial to the Court of

Session or the High Court, as the case may be or find him guilty and pass sentence on him
according to Law;

(b) in an Appeal from a conviction, (1) reverse the finding and sentence, and acquit or
discharge the accused, or order him to be retried by a Court of competent

jurisdiction subordinate to such Appellate Court: or sent for trial, or

(2) alter the finding, maintaining the sentence, or, with or without such reduction and with
or without altering the finding, alter the nature of the sentence, but subject

to the provisions of section (106), sub-section (3), not so as to enhance the same;

(c) in an Appeal from any other order, alter or reverse such order;

(d) make any amendment or any consequential or incidental order that may be just or
proper."

Additional Evidence:
======================

In dealing with an Appeal the Appellate Court is also empowered, after recording its reasons
to take additional evidence or direct it to be taken by a subordinate

Court.[/SIZE]

PROCEDURE FOLLOWED BY MAGISTRATE WHILE CONDUCTING A

TRIAL:
================================================== ==
================================================== ==

before mentioning the procedure followed by the magistrate while conducting a trial, the
magistrate takes cognizance of the offence in different three ways, which are mentioned in
section 190 of the criminal procedure code and are as follow:

(a) upon complaint.

(b) upon police report or FIR
(c) upon information of any person other than police.

A trial is conducted by the magistrate in accordance with the following procedure provided
in crpc.

1. Submission of charge sheet or challan or inquiry report:

============================================

The procedure in court for conducting a trial of an offence begins after the inquiry or
investigation.
Under section 173 crpc, the police officer made charge sheet which is also known as challan
or completion report, and forward the same through public prosecutor to magistrate who
has jurisdiction for conducting the trial.

2. Commencement of proceeding:
===========================================

according to section 204, if in the opinion of the court taking cognizance of an offence, there
are sufficient grounds for proceedings, then if the case appears a summon case, summon
shall be issued for the attendance of accused, and if the case appears a warrant case, a
warrant may be issued for causing the accused to be brought before the court.

3. Procedure in trial of case

============================================

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

4. Charge to be framed.
=========================================

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

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

5. Examination of witnesses:
==========================================

According to section 244, the magistrate shall on the application of complainant or accused,
issue summon to any witness directing him to attend or to produce any documents or
materials.

So firstly it is the duty of complainant to call his witnesses for recording evidence under
section 164 crpc, for the purpose of proving his allegations, which he has imposed on
accused.

Secondly , the magistrate is bound to examine all the witnesses produced by the accused in
his defence.

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

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

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

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

6. An opportunity to the accused for giving statement.

===========================================

At this stage of trial the court gives an opportunity to the accused, that if he wants to prove
himself innocent, he may record his statement in this behalf.

According to section 340 sub section 2 of crpc, Any person accused of an offence before a
criminal court , such accused if he does not plead guilty may record his statement on oath
in disproof of the charges or allegations levelled against him, and after this, the accused
shall be cross-examined by the prosecution.

7.Arguments.
===================================

The accused should be at liberty at all times to be defended by a pleader, and at this stage
of the trial , the pleader of the accused and public prosecutor may give their arguments in
respect of legal and factual questions involved in the case.

8. Order of acquittal or sentence.

==================================

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

Where the magistrate upon taking the evidence referred in section (244), and such further
evidence if any, and after examining the accused, finds the accused guilty of an offence, he
shall pass a sentence upon him...
Q... What do you understand by the preventive action of the police
?
PREVENTIVE ACTION OF POLICE
========================
========================

A police officer must interfere effectively for the prevention of an offence. He cannot shirk
his duty of interposing effectively by being content with passing an oral order not to do a
certain act.

The intervention is justified only when there is a probability of the commission of an offence
. A police officer is not justified in removing an axe carried by a person under the
impression that such person was carried it on his way to attack his enemy.

Preventive actions of the police are following:

TO PREVENT COGNIZABLE OFFENCES

============================
============================

According to section 149 of criminal procedure code " every police officer may interpose for
the purpose of preventing and shall, to the best of his ability prevent the commission of any
cognizable offence".

INFORMATION OF DESIGN TO COMMIT SUCH OFFENCES

========================================
========================================

According to section 150 of criminal procedure code, " every police officer recieving
information of a design to commit any cognizable offence, shall communicate such
information to the police officer to whom he is sub-ordinate, and to any such officer whose
duty is to prevent or take cognizance of the commission of any such offence".

ARREST TO PREVENT SUCH OFFENCES

==================================
==================================

According to section 151 of criminal procedure code, " a police officer knowing of a design to
commit any cognizable offence may arrest, without the orders from a magistrate and
without a warrant, the person so designing, if it appears to such officer that the commission
of the offence cannot be otherwise prevented".

PREVENTION OF INJURY TO PUBLIC PROPERTY:

====================================
====================================

According to section 152 of criminal procedure code, " a police officer may of his own
authority interpose to prevent any injury attempted to be committed in his view to any
public property, movable or immovable, or the removal or injury of any public landmark or
buoy or other mark used for navigation".

INSPECTION OF WEIGHTS AND MEASURES:

====================================
====================================

According to section 153 of criminal procedure code,

1. any officer incharge of a police station may, without a warrant, enter any place within the
limits of such station for the purpose of inspecting or searching for any weights or measures
or instruments for weighing, used or kept therein, whenever he has reason to believe that
there are in such place any weights, measures or instruments for weighing which are false".

2. If he finds in such place any weights, measures or instruments for weighing which are
false, he may seize the same, and shall forthwith give information of such seizure to a
magistrate having jurisdiction.

Notes 2

CRPC NOTES-3
POWER OF MAGISTRATE TO CONTROL DISPUTE OVER POSSESSION OF AN IMMOVEABLE
PROPERTY
When and what powers can be used by the magistrate to control dispute over possession of an
immoveable property? Can possession be restored back to person dispossessed?
What order can be passed by a magistrate if any apprehension of breach of peace is brought to his
notice regarding immoveable property?
INTRODUCTION
RELEVANT PROVISIONS
Section 145 of Cr.P.C
POWER OF MAGISTRATE TO CONTROL DISPUTE OVER POSSESSION OF IMMOVEABLE
PROPERTY UNDER SECTION 145
A magistrate of first class can exercise powers to control dispute over possession of an immoveable
property which is likely to cause breach of the peace in police report or other information.
ESSENTIALS FOR EXERCISING POWERS BY MAGISTRATE
I- EXISTENCE OF DISPUTE
II- SATISFACTION OF MAGISTRATE
III- DISPUTE CONCERNING LAND
IV- DISPUTE LIKELY TO CAUSE BREACH OF PEACE
V- LAND MUST BE WITHIN JURISDICTION
MAKING OF ORDER
After being satisfied from police report or other information that there is a dispute exists regarding
land which is likely to cause breach of the peace, he shall make the order in writing.
SERVICE OF ORDER
An order shall be served in following manner;
I- IN MANNER OF SUMMONS
II- PUBLICATION OF ORDER NEAR DISPUTE
POWERS OF MAGISTRATE
A magistrate can exercise the following powers in respect of the disputed property.
I- DETERMINE THE FACT OF ACTUAL POSSESSION
II- HEAR THE PARTIES
III- RECEIVING OF EVIDENCE
IV- TAKES FURTHER EVIDENCE
V- DECISION AS TO POSSESSION
VI- ATTACHMENT OF PROPERTY
VII- CANCELLATION OF ORDER OF ATTACHMENT
VIII- APPOINTMENT OF RECEIVER
IX- ADDITION AS TO PARTIES
X- DECLARATION OF ENTITLEMENT OF POSSESSION
XI- RESTORATION OF POSSESSION
XII- ORDER FOR DISPOSAL OR SALE
XIII- ISSUING SUMMONS TO ANY WITNESS
XIV- REFERRING PARTIES TO COURT OF COMPETENT JURISDICTION
The magistrate can refer the parties to a court of competent jurisdiction after attaching the property if
i) More of the parties are found in possession. Or
ii) The magistrate is unable to satisfy himself as to which of the parties were at the relevant time in
possession.
EFFECT OF ORDER MADE UNDER SECTION 145
An order under section 145 is final and conclusive and is intended to be effective until the party in
whose favour the order is made is evicted in due course of law.
REMEDY AGAINST SUCH ORDER
The remedy for the unsuccessful party is to file a civil suit.
SUBORDINATION OF POWER OF MAGISTRATE
Powers of criminal Courts in proceedings under section 145 Cr.P.C are subordinate to powers of
civil courts which have dealt with the same property.
ARREST WITHOUT WARRANT
• State circumstances under which the police officer may arrest a person without obtaining a warrant
from the court?
• Can police arrest a person even if he has not committed any offence?
• What is arrest without warrant? How and when it is made by whom under what pretext? What are
the checks and balances to prevent misuse of this unlimited power? (PCS)
• CAN POLICE ARREST A PERSON EVEN IF HE HAS NOT COMMITTED ANY OFFENCE?
INTRODUCTION
RELEVANT PROVISIONS
Sections 54 to 59, 64, 65, and 151 of CrPC.
ARREST WITHOUT WARRANT
Following persons may arrest without warrant
i- Any Police Officer
ii- Officer-in-Charge of a Police Station
iii- Private Person
iv- Magistrate
OBJECT TO ARREST A PERSON WITHOUT WARRANT
ARREST BY ANY POLICE OFFICER
i) PERSON CONCERNED IN COGNIZABLE OFFENCE
ii) PERSON IN POSSESSION OF IMPLEMENT OF HOUSE BREAKING
iii) PROCLAIMED OFFENDER
iv) PERSON IN POSSESSION OF STALER PROPERTY
v) PERSON OBSTRUCTING POLICE OFFICER
vi) DESERTER FROM THE ARMED FORCES
vii) PERSON APPREHENDED UNDER EXTRADITION LAW
viii) RELEASED CONVICT
ix) PERSON FOR WHOSE ARREST REQUISITION HAS RECEIVED
x) PERSON COMMITTED NON-COGNIZABLE OFFENCE IN PRESENCE OF POLICE
xi) PERSON DESIGNING TO COMMIT COGNIZABLE OFFENCE
xii) PERSON WHOSE REMISSION OR SUSPENSION HAS CANCELLED
ARREST BY OFFICER IN-CHARGE
I- ANY PERSON TRYING TO CONCEAL HIMSELF
II- PERSON WHO HAS NO OSTENSIBLE MEANS OF SUBSISTENCE
III- HABITUAL OFFENDER
ARREST BY PRIVATE PERSON U/SEC 59
i) PERSON COMMITTED NON-BIALLABLE OFFENCE
ii) PROCLAIMED OFFENDER
ARREST BY A MAGISTRATE
I) PERSON COMMITS AN OFFENCE IN HIS PRESENCE
II) PERSON FOR WHOSE ARREST HE CAN ISSUE WARRANT
ARREST TO PREVENT SUCH OFFENCES U/SEC 151 CrPC
PERSON ARRESTED NOT BE DETAINED MORE THAN 24 HOURS U/SEC 61 CrPC FRAMING
OF CHARGE
What is charge? How it is framed and what are its contents?
What is charge? How it is framed under Cr.P.C? Can it be amended during the trial?
Can a person charged with one offence be convicted of another?
Can a person charged with one offence? If so when?
What is a charge? What are its objects? What particulars are required to be stated in the charge?
What ate the essentials of a charge? Discuss effects of different types of errors in the charge.
INTRODUCTION
RELEVANT PROVISIONS
Sections 221, 222, 223, 227, 228, 229, 230, 237, 238
MEANING AND DEFINITION OF CHARGE
Definition According To Section 4(c)
OBJECTS OF FRAMING OF CHARGE
PARTICULARS OF FRAMING OF CHARGE
In framing of charge, following essentials must be fulfilled:
I- STATE THE OFFENCE
II- OFFENCE BY NAME
III- LAW AND SECTION OF OFFENCE
IV- LANGUAGE OF CHARGE
V- REDUCED IN WRITING
VI- PREVIOUS CONVICTION
VII- PARTICULARS AS TO TIME PLACE AND PERSON
It is necessary that charge should contain particulars as to;
i) Time of Offence.
ii) Place of Offence.
iii) Person Against Whom Offence Was Committed.
iv) Thing Against Whom Offence Was Committed.
VIII- MANNER OF COMMITTING OFFENCE
AMENDMENT OR ALTERATION IF CHARGE U/SEC 227
CHARGE NOT PREJUDICE THE ACCUSED OR PROSECUTION U/SEC 228
CHARGE PREJUDICE THE ACCUSED OR PROSECUTION U/SEC 229
STAY OF PROCEEDINGS IF ALTERED CHARGE REQUIRES PREVIOUS SANCTION U/SEC 230
PERSON CHARGED WITH ONE OFFENCE BE CONVICTED OF ANOTHER
I- GENERAL RULE U/SEC 237
II- EXCEPTIONS
III- SUBSECTION 3 OF SECTION 238
INQUIRY INVESTIGATION TRIAL
Define and differentiate inquiry, investigation, and trial.
INTRODUCTION
INQUIRY
I- DEFINITION OF INQUIRY ACCORDING TO SECTION 4(1)(K)
II- AUTHORITY TO CONDUCT INQUIRY
III- OBJECT OF INQUIRY
IV- NOT AN EXHAUSTIVE DEFINITION
INVESTIGATION
I- DEFINITION U/SEC 4(1)(L)
II- NATURE OF INVESTIGATION
III- OBJECT OF INVESTIGATION
IV- AUTHORITY TO INVESTIGATE
V- COMMENCEMENT OF INVESTIGATION
The investigation commences in the following two ways
i) When FIR is lodged
ii) When complaint is made to the magistrate then any person authorized by the magistrate can
conduct the investigation.
TRIAL
I- DEFINITION
“A formal examination of evidence in a court of law in order to decide if a person is guilty of a crime.”
II- PRESUMPTION REGARDING TRIAL
III- COMMENCEMENT OF TRIAL
IV- PROCEDURE FOR TRIAL
Procedure for trials has been provided by the different provisions of CrPC as under;
i) Trials by magistrate section 241-250
ii) Summary Trial section 260-265
iii) Trial by High Court and Court of Session 265-A to 265-N
V- END OF TRIAL
DIFFERENCE BETWEEN INQUIRY, INVESTIGATION AND TRIAL
I- AS TO COMMENCEMENT
Inquiry It commences when complaint is field to the magistrate.
Investigation It commences when FIR is lodges or complaint is made to the magistrate.
Trial It starts either by framing of charge or arrangement of the accused.
II- PRESUMPTION AS TO COMMISSION OF OFFENCE
Inquiry There is no presumption as to commission of an offence.
Investigation There is no presumption as to commission of an offence.
Trial Trial pre-supposes the commission of an offence.
III- AS TO DEFINITION
Inquiry The term inquiry is defined by CrPC.
Investigation Investigation has been defined by CrPC.
Trial The expression trial has not been defined by CrPC.
IV- END OF PROCEEDINGS
Inquiry If evidence is not found then it can be discharged.
Investigation If evidence is not found then it can be discharged.
Trial it either ends in conviction or in acquittal.
V- CONDUCTING AUTHORITY
Inquiry It can be conducted by a magistrate or the court
Investigation it can be conducted by a police officer or any person authorized by a magistrate.
Trial it can be conducted by a magistrate or judge.
VI- PURPOSE
Inquiry its purpose is to ascertain the truth or falsity of facts of the case.
Investigation its purpose is the collection of evidence regarding the guilt of the accused.
Trial its purpose is to determine the guilt of the accused.
VII- BAR TO SUBSEQUENT PROCEEDINGS
Inquiry this can be conducted again.
Investigation this can be conducted again.
Trial trial barred the subsequent proceedings i.e. principal of double jeopardy.
TRANSFER OF CASES
• What are the powers of High Court to transfer cases from one criminal court to another?
• On what grounds High Court can transfer any criminal case from its subordinate court to another
court.
INTRODUCTION
RELEVANT PROVISIONS
Following are the relevant provisions;
Section 526 Cr.P.C
Cross Reference
Sections 527 and 528
TYPES OF TRANSFER OF CRIMINAL CASES
A criminal case may be transferred by the following authorities;
i- High Court under section 526
ii- Provincial Government under section 527
iii- Session Judge under section 528
TRANSFER OF CRIMINAL CASE BY HIGH COURT UNDER SECTION 526
OBJECTS OF SECTION 526
Section 526 has two-fold objects;
i- To provide convenience to the parties and witnesses.
ii- To ensure that justice should be done beyond all doubts.
MODES OF TRANSFER
I- APPLICATION BY PARTY INTERESTED
II- APPLICATION BY LOWER COURT
III- SUO MOTU ORDER
GROUNDS FOR TRANSFER OF CASES UNDER SECTION 526
I- FAIR AND IMPARTIAL TRIAL NOT POSSIBLE
II- UNUSUAL DIFFICULTY IN QUESTION OF LAW
III- WHERE SCENE OF OFFENCE IS NECESSARY
IV- GENERAL CONVENIENCE TO PARTIES
V- EXPEDIENT IN THE ENDS OF JUSTICE
ORDER PASSED BY HIGH COURT UNDER SECTION 526
EXCEPTION TO SECTION 526
PROCLAMATION FOR PERSON ABSCONDING
• What conditions is precedent for proclamation? What penalties in law can be imposed upon
absconder?
• What is the legal procedure to be adopted for the surrender of an absconder? Can his property be
attached? If so, what?
• How and in what manner an absconder is declared a proclaimed offender? Quote the law.
• How and under what circumstances orders for proclamation and attachment of the property of
person absconding are issued?
INTRODUCTION
RELEVANT PROVISIONS
Following are the relevant provisions of the concerned topic;
Sections 87, 88, 89 of CrPC
MEANING OF ABSCONDER
Absconder is a person who intentionally avoids or conceals himself for the purpose of avoiding the
execution of the warrant.
PROCLAMATION FOR PERSON ABSCONDING U/SEC 87
I- CONDITIONS FOR PROCLAMATION
Before issuing proclamation, following conditions must be satisfied;
I) ISSUANCE OF WARRANT
II) ABSCONDANCE OF PERSON
III) SATISFACTION OF COURT
II- CONTENTS OF PUBLICATION
i- Name and Address of Absconder
ii- Offence in which he is required
iii- Statement requiring that he must appear before the court
iv- Specification of date not less than 30 days from the date of its publication for the appearance of
the absconder.
III- MANNER OF PROCLAMATION
The proclamation shall be published in the following manner;
I- Publicly read
II- Affixation at some conspicuous part of home of accused
III- Affixation of copy at the court
IV- WRITTEN STATEMENT BY COURT U/SEC 87(3)
ATTACHMENT OF PROPERTY OF PERSON ABSCONDING U/SEC 88
I- TIME FOR ATTACHMENT
II- JURISDICTION TO ORDER ATTACHMENT
PROPERTY OUT SIDE JURISDICTION
III- PROPERTY WHICH CAN BE ATTACHED
IV- MODE OF MAKING ATTACHMENT
V- SALE OF PROPERTY
VI- CLAIM OR OBJECTION
PROCEDURE WHEN ABSCONDER APPEARS BEFORE COURT
WHEN ABSCONDER DOES NOT APPEAR BEFORE THE COURT
RESTORATION OF ATTACHED PROPERTY U/SEC 89
I- APPEARANCE OF PERSON IN COURT
II- SATISFACTION OF COURT
III- WHERE PROPERTY HAS BEEN SOLDTRIAL BY COURT OF SESSION
• What procedure does the Court of Session follow in the trial of a murder case?
• Describe briefly the procedure of trial of a case by Court of Session.
INTRODUCTION
RELEVANT PROVISIONS
Following are the relevant provisions of CrPC regarding the topic.
Sections 265-A to 265-N
MEANING OF TRIAL
The term trial has not been defined by CrPC. It may be defined as under:
“A formal examination of evidence in a court of law in order to decide if a person is guilty of a crime.”
PROCEDURE GIVEN IN CRPC FOR THE TRIALS BY HIGH COURT AND COURT OF SESSION
The procedure for trials by the High Court and the Court of Session has been divided into two
categories in CrPC.
1- Challan Case
2- Complaint Case.
COGNIZANCE OF OFFENCES BY COURT OF SESSION U/SEC 193
PROSECUTION WHERE TRIAL INITIATED UPON POLICE REPORT U/SEC 265-A
PROCEDURE TO BE FOLLOWED BY COURT OF SESSION U/SEC 265-B
Following procedure shall be followed in a trial by the Court of Session.
I- SUPPLY OF STATEMENTS AND DOCUMENTS U/SEC 265-C
CASES INSTITUTED UPON POLICE REPORT
The following documents shall be supplied free of cost to the accused not later than 7 days before
commencement of the trial;
a) FIR
b) POLICE REPORT
c) STATEMENTS OF WITNESSES RECORDED U/SEC 161 AND 164 CrPC
d) INSPECTION NOTES RECORDED BY IO
e) RECOVERY NOTES
CASES INSTITUTED UPON COMPLAINT
The following documents shall be supplied free of cost to the accused not later than 7 days before
commencement of the trial;
a) COMPLAINT WHICH IS MADE
b) ANY DOCUMENT ATTACHED WITH THE COMPLAINT
c) STATEMENTS MADE UNDER SECTIONS 200 AND 202 OF CrPC
II- FRAMING OF CHARGE U/SEC 265-D
III- PLEA U/SEC 265-C
IV- RECORDING OF EVIDENCE U/SEC 265-F
If the accused does not plead guilty or the Court does not convict him guilty in its discretion, the
court shall proceed to hear the complainant and take all evidence produced by the prosecution.
i) Summoning Of Witnesses
ii) Accused to Be Asked To Adduce Evidence
iii) Evidence Adduced By the Accused
iv) Issuing Of Process
a) Compelling the attendance of any witness or
b) Production of any document or
c) Any other thing.
The court shall issue such person
V- SUMMING UP U/SEC 265-G
Where Accused Adduce Evidence
VI- JUDGMENT U/SEC 265-H
WHERE ACCUSED IS GUILTY
WHERE ACCUSED IS NOT GUILTY
VII- POWER OF COURT TO ACQUIT ACCUSED AT ANY STAGE U/SEC 265-K
SENTENCE WHICH REQUIRES CONFIRMATION
• In what cases sentence awarded by courts always require confirmation in order to make at final?
What court confirms it and what are the powers of appellate court in such cases?
INTRODUCTION
RELEVANT PROVISION
Section 374 to 382 of CrPC.
SENTENCE WHICH REQUIRES CONFIRMATION U/SEC 374
When the Court of Session passes sentence of death the High Court confirms the sentence.
SUBMISSION OF PROCEEDINGS BY THE COURT OF SESSION
POWERS OF HIGH COURT U/Sec 375
I- FURTHER INQUIRY
II- TAKE ADDITIONAL EVIDENCE
MODE OF MAKING INQUIRY OR TAKING EVIDENCE
i- High Court may make inquiry or take additional evidence itself.
ii- High court may direct to Court of Session to make inquiry or take additional evidence.
PRESENCE OF CONVICTED PERSON IS NOT NECESSARY
The presence of convicted person is not necessary.
POWER OF HIGH COURT TO CONFIRM OR ANNUAL CONVICTION U/SEC 376
I- CONFIRM THE SENTENCE
II- PASS ANY OTHER SENTENCE
III- ANNUAL THE CONVICTION
IV- ORDER A NEW TRIAL
V- ACQUIT THE ACCUSED
CONFIRMATION OR NEW SENTENCE TO BE SIGNED BY TWO JUDGES U/SEC 377
PROCEDURE IN CASE OF DIFFERENCE OF OPINION U/SEC 378
PROCEDURE IN CASE SUBMITTED TO HIGH COURT FOR CONFIRMATION U/SEC 379
EXECUTION OF ORDER PASSED U/SEC 376, U/SEC 381
i- By issuing a warrant; or
ii- Taking such other steps as may be necessary
Exception
POSTPONEMENT OF DEATH SENTENCE ON PREGNANT WOMAN U/SEC 382
NHERENT POWER OF COURT
• Discuss in detail with reference to law power of High Court by means of which relief can be granted
although there is no provision in Cr.P.C.
INTRODUCTION
MEANING OF INHERENT POWER
“An authority possessed without its being derived from another.”
RELEVANT PROVISIONS
Section 561-A Cr.P.C
Section 151 C.P.C
Section 16 General Clauses Act
Article 183 and 199 of Constitution of Pakistan
INHERENT POWER OF COURT UNDER SECTION 561-A
NATURE OF INHERENT POWER
BASIS OF INHERENT POWER
The inherent powers of the court are based on the following maxim
UBI JUS ABI REMEDIUM
There is no wrong without remedy
WHEN INHERENT POWER CAN BE USED UNDER SECTION 561-A
High court can exercise inherent powers under section 561-A Cr.P.C in the following cases
I- IN ABSENCE OF EXPRESS PROVISION OF LAW
II- TO GIVE EFFECT TO ANY ORDER UNDER Cr.P.C
III- TO PREVENT ABUSE OF PROCESS OF ANY COURT
IV- TO SECURE ENDS OF JUSTICE
SECTION 249-A, 265-K AND 561-A Cr.P.C
LIMITATIONS OR RESTRICTIONS AGAINST THE ARBITRARY EXERCISE OF INHERENT
POWER
Following are the restrictions on the inherent powers of the courts;
i) Inherent powers cannot be extended to make a new law on the subject
ii) It cannot be used against the express intention of the legislature.
iii) It cannot be used where there is other remedy is provided.
iv) It cannot override the express provision of law.
v) It should not be exercised to assist a party guilty of leaches or delay.
INSTANCES OF INHERENT POWER
Following are some of the instances of inherent powers of Court under section 561-A
i- CORRECTION OF ERRORS
ii- QUASHMENT OF PROCEEDINGS
iii- STAY OF PROCEEDINGS
CONCLUSIVENESS OF FINDINGS OF HIGH COURT UNDER SECTION 561-A
COMPOUNDABLE OFFENCES
• What is compoundable offence? What is the legal effect of a valid composition? How would you
differentiate between withdrawal of a case and composition of an offence?
• Which are compoundable offences? When and who can compound the offence of murder?
INTRODUCTION
RELEVANT PROVISIONS
Section 345 is the relevant provision of the concerned topic.
MEANING OF COMPOSITION
“A composition is an agreement or settlement of difference between the injured party and against
whom the complaint is made.”
MEANING OF COMPOUNDABLE OFFENCE
A offence which can be legally settled for consideration between the party against whom the offence
is committed and by whom the offence is committed is said to be compoundable offence.
SCOPE OF SECTION 345
KINDS OF COMPOUNDABLE OFFENCES U/SEC 345
Compoundable offences are of the following two kinds
i- Offences compoundable without permission of the court.
ii- Offences compoundable with the permission of the court.
ESSENTIALS FOR COMPOUNDING U/SEC 345
Following are the essentials for compounding as offence
I- COMPOUNDABLE OFFENCE
II- COMPROMISE BETWEEN PARTIES
III- WITH OR WITHOUT CONSIDERATION
IV- AGREEMENT FOR COMPROMISE
V- FREE WILL OF PARTIES
VI- COMPROMISE MUST BE MADE BY PERSON MENTIONED IN TABLE U/SEC 345
VII- WITH OR WITHOUT PERMISSION OF COURT
WHO CAN COMPOUND THE OFFENCE OF MURDER
The following persons can compound the offence of murder;
i- Qatal-i-amad under section 302
ii- Qatal under ikrah-i-tam under section 303
iii- Qatal-i-amad not liable to Qisas under section 308
iv- Qatal-i-shibh-i-amad under section 316
v- Qatal-i-khata by rash or negligent driving under section 320
vi- Qatal-bis-sabab under section 322
vii- Attempt to commit Qatal-i-amad under section 324
PROCEDURE TO BE ADOPTED
COMPROMISE IN ABETMENT OR IN ATTEMPT TO COMMIT AN OFFENCE U/SEC 345(3)
PERSON COMPETENT TO COMPOUND IS MINOR, IDIOT OR LUNATIC
COMPOSITION IN PENDING APPEAL U/SEC 345(5)
COMPOSITION IN REVISION U/SEC 345(5)
EFFECT OF COMPOSITION U/SEC 345(6)
BAR ON COMPOSITION U/SEC 345(7)
TIME FOR COMPOSITION
DIFFERENCE BETWEEN WITHDRAWAL CASE AND COMPOSITION OF AN OFFENCE
I- AS TO NATURE
II- SATISFACTION OF MAGISTRATE
III- AS TO DISCRETION
IV- AS TO OFFENCE
APPEAL AGAINST ACQUITTAL
• Discuss in detail the procedure laid down in law to life an appeal from an order of acquittal.
• Does an appeal lie from an order of acquittal?
INTRODUCTION
RELEVANT PROVISIONS
Section 411-A, 417, 422, 423 of Cr.P.C
APPEAL AGAINST ACQUITTAL
It may be divided into categories
i- Appeal against order of acquittal passed by high court.
ii- Appeal against order of acquittal passed by any court other than high court.
APPEAL AGAINST ORDER OF ACQUITTAL PASSED BY HIGH COURT UNDER SECTION 411-A
I- FORUM OF APPEAL
a) Shall be filled to the Division Bench of High Court composed of not less than two judges, other
than the judges who heard the trial.
b) If it is not possible to constitute the Division Bench than the appeal may be transferred by the
Provincial Govt. under section 527 Cr.P.C to another High Court.
II- GROUNDS OF APPEAL
INST ORDER OF ACQUITTAL PASSED BY ANY COURT OTHER THAN HIGH COURT UNDER
SECTION 417
Appeal may lie to the high court against an order of acquittal passed by any court other than high
court.
I- FORUM OF APPEAL
II- WHO MAY APPEAL UNDER SECTION 417
a) Provincial Government
b) Complaint
c) Any Aggrieved Person
A- PROVINCIAL GOVERNMENT
Provincial government may file an appeal through the public prosecutor, against an order of
acquittal, whether original or appellate, passed by any court other than a high court.
B- COMPLAINT
If an order of acquittal is passed in a case instituted upon a complaint, the complaint may file an
appeal to the High Court after fulfilling following conditions
i) Application for leave to appeal
Complaint has to file an application to the High Court for the grant of special leave to appeal against
an order of acquittal.
ii) Limitation
An application has to be made within a person of six months from the date of an order of acquittal.
C- ANY AGGRIEVED PERSON
By virtue of sub-section 2-A of section 417, any person aggrieved by an order of acquittal may file
appeal against it.
NOTICE TO ACCUSED UNDER SECTION 422
POWERS OF APPELLATE COURT IN AN APPEAL AGAINST ACQUITTAL UNDER SECTION 423
In disposing appeal against acquittal, appellate court may order the following
i) Dismiss the appeal; or
ii) Reserve such order and direct further inquiry be made; or
iii) Direct the re-trial of the accused; or
iv) Sent the accused for trial to the court of session or High court; or
v) Finds him guilty and passed sentence according to law
V- EFFECT
JOINDER OF CHARGES
• What persons may be charged jointly? Discuss in detail.
• What are necessary elements of charge? How it is framed whether separate charge should be
framed for every distinct offence?
• Explain the term joinder of charge? Enumerate the provisions contained in Cr.P.C.
• What is meant by joinder of charges? Discuss in detail the law on the subject.
INTRODUCTION
RELEVANT PROVISIONS
Section 234, 235, 236 and 239
SEPARATE CHARGES FOR DISTINCT OFFENCES UNDER SECTION 233
For every distinct offence of which any person is accused, there shall be a separate charge and
such charge shall be tried separately.
JOINDER OF CHARGES--- EXCEPTIONS TO THE RULE MENTIONED IN SECTION 233
Following are the exceptions to the rule mentioned in section 233
I- MORE THAN ONE OFFENCES OF SAME KIND WITHIN A YEAR MAY BE CHARGED
TOGETHER UNDER SECTION 234
II- TRIAL FOR MORE THAN ONE OFFENCES UNDER SECTION 235
III- OFFENCES FALLING WITHIN TWO DEFINITIONS UNDER SECTION 235
IV- ACTS CONSTITUTING ONE OFFENCE BUT CONSTITUTES A DIFFERENT OFFENCE WHEN
COMBINED
V- OFFENCE FOR WHICH A PERSON MIGHT HAVE BEEN CHARGED UNDER SECTION 236
VI- WHAT PERSONS MAY BE CHARGED JOINTLY UNDER SECTION 239
Following persons may be charged jointly
i) Persons accused of the same offence committed in the course of same transaction.
ii) Persons accused of an offence and persons accused of any abetment or an attempt to commit it.
iii) Persons accused of more than one offences of the same kind committed jointly within a year.
iv) Persons accused of different offences committed in the course of same transaction.
v) Persons accused of theft, extortion or criminal misappropriation and persons accused of receiving
or retaining or assisting in the disposal or concealment of the property obtained in the commission of
these offences.
vi) Persons accused of an offence under chapter XII P.P.C relating to counterfeit coin and person
accused of any other offence relating to the same coin, or of abetment or attempt to commit such
offence.