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Notes Criminal Procedure by Zahid Hussain Channa-1
Notes Criminal Procedure by Zahid Hussain Channa-1
Q.31. Normally what may be the period for remaining of accused in police
custody?
A. For a term not exceeding 15 days. However, such period is invariably
granted in portions so that the accused should not suffer harassment at the hands
of police.
Q-32. Whether discharge order passed by the Magistrate in favour of accused is
absolute and conclusive order?
A. No. It is not final order. However, the accused can be summoned by the
Magistrate as and when any incriminating evidence is gathered against him and
brought on the record. [S.63].
Q.33. What Magistrate shall do if any offence is committed within his presence?
A. He may arrest or direct arrest of the person committing an offence in his
presence. [S.64.65].
Q.34. Under which provision of Cr. P.C, the procedure as to issuance of warrant
is provided?
A. Under section 75 of the Code.
Q.35. Whether Court of Sessions or Magistrate can issue a warrant for its
execution when no through its appointed process servers or bailiffs?
A. It is imperatively provided u/s 77 of the Code that warrant of arrest shall be
directed to one or more police officers for its execution. However, of its immediate
execution when no police officer is available for execution, the warrant of arrest
may be directed to any of the persons for its execution. [S.77].
Q.36. What is the jurisdictional limit as to execution of the warrant of arrest?
A. Warrant of arrest may be executed at any place in Pakistan. However, in
case of execution of warrant in another Province, the same may not be forwarded
to the police officer; but to the concerned Court of Magistrate or Sessions or to the
District Superintendent of police of the jurisdiction. [S.82 + 83].
Q.37. How a written proclamation is issued by the Court?
A. When a Court is satisfied after recording an evidence that a person
evidence that a person against whom a warrant has been issued, has absconded
himself or concealed himself from execution of warrant, such Court may publish a
written proclamation requiring him to appear at a specified place on specified time
not less than thirty days from issue of such proclamation.
Q.38. What may Court do after issue of proclamation?
A. The Court after issuance and satisfaction as to execution of proclamation
may at any time order attachment of any property, movable or immovable
belonging to the proclaimed offender. [S.88].
Q.39. For what purpose the Court may desire written instrument, document or
other written object to be produced or discovered?
A. For the purpose of any investigation, inquiry, trial or other proceedings
under the Code by or before such Court or such officer. However, for inquiry or
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investigation the document will be needed before the police officer and of trial,
before the concerned Court of criminal jurisdiction. [S.94].
Q.40. What documents are prohibited for production before the Court?
A. Any document or thing lying in the custody of a Bank or bankers as defined
in the Banker’s Books Evidence Act, 1891.
Q.41. If upon summon or requisition made by Court the document or any
instrument is not produced before the Court, what measures shall be taken by the
Court?
A. The Court will issue search warrant for production of the required
documents within meaning of S.96 of the Code.
Q.42. How the discovery of a person wrongfully confined is made?
A. When the Magistrate of the first class has reason to believe that the
confinement of a person amounts to an offence, he may issue a search warrant
within meaning of section 100 Cr. P.C. for discovery of the confined person to be
immediately produced before him.
Q.43. With whom the jurisdiction as to prevention of offences of security keeping
the peace and for good behavior is resting?
A. Such a jurisdiction under the preventive offences as provided under section
106, 107, 108, 109 and 110 lies with the Magistrate of the first class to control the
situation and obtain security from the violators for peace and tranquility.
Previously, the Executive Magistrates were having with jurisdiction in such
offences; however, by amendment Ordinance XXXVII of 2001, dated 13.8.2001,
the jurisdiction from the Executive, or District Magistrates has been taken away.
Q.44. What requisite process is to be ensured by the Magistrate of the first class
against violation of section 107, 108, 109 and 118 of the Code?
A. On the basis of some information, where the Magistrate of the first class
comes to the conclusion that any person is likely to commit a breach of peace or to
disturb the public tranquility or to do any wrongful act that may probably occasion
a breach of peace, the Magistrate in sufficiency of material concluding for
proceedings, will require such person to show cause, why he should not be
ordered to execute a bond with or without sureties for keeping a peace for a
particular period as desired by the Magistrate within meaning of the penal
provisions so as to number, character and class of sureties (if any) required.
[S.112].
Q.45. In case when Magistrate finds a serious apprehension that he breach of
peace could not be averted, and the accused is not before the Court, what steps
than shall be taken by the Magistrate?
A. The Magistrate may issue a warrant for the arrest of the person and it is
also the legal requirement that the Magistrate shall assign reasons in writing for
taking the extra ordinary steps. PLD 2001 Kar.235.
Q.46. Define “Public Nuisance” under Cr.P.C?
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Q.54. What procedure shall be adopted by the police officer as and when and
information regarding cognizable offence is given to him?
A. When any information relating to the commission of cognizable offence is
given to the police officer, said information shall be reduced or directed to be
reduced in writing under his direction. In case of information of writing, shall be
signed by the informer.
Q.55. What is the legality or property of the FIR?
A. FIR is an important public document and may be put in evidence to support
or contradict the evidence of the person, who gave the information. PLD 1960
Kar.674.
Q.56. Can FIR be used as substantive piece of evidence against any accused at
trial?
A. No. FIR merely sets in motion the criminal law and it could not be used as
substantive piece of evidence against any accused. Moreover, any observation
made in the FIR pertaining to the merits of the case, which is yet to be tried,
cannot be used against the accused at the trial. 2001 SCMR 1556.
Q.57. When FIR becomes substantive piece of evidence?
A. When the contents of FIR are affirmed on oath and subject to the test of
cross examination.
Q.58. What is the legality of FIR in view of the Quanoon-e-Shahadat Order, 1984?
A. Under Articles 140 and 153 of the Quanoon-e-Shahadat Order, the purport
of FIR is as that of previous statement which can be used for the purpose of
contradicting and corroborating its maker. Unless FIR is proved in accordance with
the provisions of Quanoon-e-Shahadat Order, it is no evidence at all and cannot
be taken as proof of anything stated therein. PLD 2001 Pesh.132.
Q.59. What shall do the police officer, when any information regarding non-
cognizable offence is given to him?
A. The police officer shall enter in the Book, the substance of said information
and refer the information to the Judicial Magistrate. [S.155].
Q.60. Can police officer reinvestigate in non-cognizable offence?
A. No. He cannot re-investigate without the order of Magistrate, who has
power to try such case. However, after receipt of an order of investigation, he can
investigate in the same manner as that of cognizable offence, excepting the power
to arrest without warrant.
Q.61. What is the manner and procedure as to examination of witnesses by the
police officer?
A. Any police officer making investigation of the case may examine orally any
person supposed to be acquainted with the facts and circumstances of the case
u/s 161 Cr. P.C.
Q.62. Whether a statement of any witness recorded u/s 161 can be held as
substantive piece of evidence?
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Court to see, examine and analyze the manner under which it is taken and
recorded. Its admissibility will be subject to surrounding circumstances, more
particularly the circumstances evidence in its corroboration. Its meaning is that any
confession recorded in extra Judicial manner.
5. Confession before police: A clear bar is contained u/Articles 38 and
39 of the Order, 1984, whereby the police officer cannot record the confessional
statement of an arrested accused by himself. Moreover, Article 40 of the Order
also provides that no confession made by any person who is in custody of police
officer shall be proved against him unless it is made in the immediate presence of
the Magistrate.
Q.66. What procedure shall be adopted by the police when investigation cannot
be completed within 24 hours?
A. When the person is detained in custody and investigation has not been
completed within 24 hours time and the officer in-charge of police station has
reason to believe that the accusation is well founded, the accused shall be
transmitted to the nearest Magistrate for seeking further time to investigate the
accused.
Q.67. Who will produce the accused before the Magistrate to seek further time to
investigate into the matter?
A. The police officer in-charge of police station or the police officer making the
investigation not below rank of Sub-Inspector.
Q.68. For how a long period, the Magistrate will allow the police officer to keep the
accused in custody for investigation purpose?
A. For a term not exceeding 15 days. However, it is discretion of the
Magistrate to grant the 15 days time in one stroke or in portions.
Q.69. What is the legal imposition upon the Magistrate to give the accused in
police custody for investigation?
A. When it is found by the Magistrate that there are reason able grounds that
accusation is well founded or the accused is holding some material information,
which is to be gathered by the police in the recourse of investigation, the
Magistrate will order the custody of accused to be given to the police for further
investigation.
Q.70. In case, the Magistrate finds that the accusation is not likely to be founded
or the investigation is almost complete or the recovery is made effected from the
accused, what order shall be passed by the Magistrate?
A. In such circumstances, the Magistrate will transmit the accused in judicial
custody instead of police custody and will direct the police officer to present the
charge sheet instantaneously to proceed with the trial.
Q.71. When evidence brought before the police officer during investigation is
insufficient proving guilt of accused what recourse is provided under the law?
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A. Some provisions are available in police Rules, 1934 in Chapter XXIV, Rule
7. The main grounds whereof are when it is found to be maliciously false or false
owing to mistake of law or fact or to be non-cognizable or a matter of civil nature.
Q.80. The police are authorized to conduct investigation in a cognizable offence
under section 172 of the Code. What procedure the police officer has to opt for
imperatively?
A. The investigation officer shall day by day enter his every proceeding of
investigation in a diary, setting forth the time at which the information reached him,
the time of his start and close of investigation, the place (s) visited by him and the
statement of circumstances ascertained through his investigation. [S.172].
Q.81. Whether a criminal court can use daily diary of police maintained in
compliance with section 172 Cr. P.C, as piece of evidence in trial?
A. No.
Q.82. What is the purpose of such diaries in the process of trial, if summoned by
the Court?
A. Such diaries can be used in aid of such inquiry or trial to cancel such inquiry
or trial to connect the links of factors under which the police commences the
investigation.
Q.83. What is the time frame provided to the prosecution for completion of
investigation of the crime?
A. 14 days.
Q.84. If investigation is not completed during the specified period, then?
A. An interim challan will be presented within three days time after expiration
of 14 days mandatorily time as to submission of final challan.
Q.85. When the time of 14 days commences for presentation of challan?
A. 14 days will be commenced from the date of recording of the FIR u/s 154
Cr. P.C.
Q.86. Whether the Court will commence the trial on the basis of interim report or
wait for final challan?
A. The Court will treat the interim challan as final one and will commence the
trial. In case the Court waits the final challan, the trial will not be commenced; and
the Court will record the reasons for so doing.
Q.87. When the offence is exclusively tri able by the Court of Sessions and the
Magistrate orders discharge of the accused on the police report is. Is Magistrate
competent to do so?
A. Yes.
Q.88. Elucidate your answer with proper reference or the case law?
A. Power to discharge the accused in cases tri able by Special Court or
Sessions Court exclusively lies with the Magistrate and not with the trial Court, i.e
Court of Sessions or Special Court. [PLJ 1996 Lah.680+2000 P Cr. L.J 430+PLD
2001 Lah.271].
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Q.89. Justify your answer with particular reply, why power of discharge is
conferred upon the Magistrate even in those cases which are not tri able by him?
A. In order as to discharge of accused by the Magistrate is an administrative
order and not a judicial order.
Q.90. Whether such an order can be challenged in the revisional jurisdiction?
A. No. PLD 2001 Lah.271.
Note: A complete and comprehensive survey and analysis of law followed by true
legal effect and purport of term “discharge” of an accused person in a criminal
case has been propounded in a case law reported in PLJ 2001 Cr. C.557 in the
following expression:
(i) Concept of discharge is relatable only to custody of an accused
person in a criminal case and it has no relevance to anything else
during an investigation or a trial.
(ii) Investigation officer of a criminal case may discharge an accused
person under section 63 of Code of Criminal Procedure and release
him from custody during investigation on executing a personal bond
regarding his appearance before investigation officer or a Magistrate
whenever required to do so during investigation. Likewise under
same provision of law an accused person may be discharged from
custody during investigation either on bail or under special order of a
Magistrate.
(iii) Upon receipt of police report under sub-section (3) of Secant 173 of
Code of Criminal Procedure a Magistrate may discharge an accused
person on his bond if such an accused person has already been
released upon executing a bond.
(iv) There is difference between discharges of an accused person. An
investigation officer on a bond or on bail or under special order of a
Magistrate under section 63 of Code of Criminal and discharge of
such an accused person of his bond by a Magistrate under sub-
section (3) of section 173 of Code of Criminal Procedure as in former
case accused person is released on condition of executing a bond
whereas in latter case he is released of his bond making his release
unconditional and unfettered for time being.
(v) Discharge of an accused person does not amount to something of
investigation qua him, cancellation of case against him, termination
of his prosecution of his acquittal.
(vi) A discharged accused person can always be associated by police
with investigation of given criminal case at any subsequent stage
during investigation without obtaining any permission from
Magistrate discharging said accused person as long as that accused
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Q.96. Under which provision of Cr. P.C the Magistrate is empowered to take
cognizance of the offences?
A. U/s 190 Cr. P.C.
Q.97. Which are those cases for taking cognizance by the Magistrate?
A. 1. Upon receiving complaint of facts which constitutes an offence;
2. Upon report in writing of such facts made by any police officer;
3. Upon information of private persons or suspicion or knowledge of the
Magistrate that such an offence has been committed which is tri able
by him or Court of Sessions.
Q.98. Can the Court of Sessions take cognizance of any offence as a Court of
original jurisdiction?
A. No.
Q.99. Explain why?
A. Within meaning of section 193 Cr. P.C, the Court of Sessions is not
authorized/empowered to take direct cognizance into the sessions cases, unless
the case is sent to it by a Magistrate under section 190 (3) Cr. P.C.
Q.100. Whether the Special Court can take cognizance of the case directly
in the same manner as that of Magistrate of the first class u/s 190 of the Code?
A. Yes, the Act has authorized the Special Court under special
procedure without reference or aid of the Criminal Procedure.
Q.101. There are certain offences under PPC, by which the Courts of
Sessions or Magistrates are made mandatorily prohibited from taking of direct
cognizance upon police report. What is the procedure for taking cognizance of
those offences?
A. Within meaning of section 195 Cr. P.C, some restriction is imposed
upon the Court from taking of the cognizance. For offence u/s 172 to 188 PPC, the
cognizance is to be taken upon the complaint in writing of the public servant
concerned or any other of his superiors. For offences from section 193 to 196, 199
to 200, 205 to 211 and 288 PPC, the cognizance is to be taken upon complaint in
writing of such Court or its superior Court. For the offence u/s 463, 471, 475 or 476
PPC relating to any document, upon complaint of such Court or any other court to
which such Court is subordinate.
Q.102. In which cases section 195 Cr. P.C would apply?
A. Section 195 would apply to only the cases, which have clearly nexus
between the offences and proceedings in the Court. 1998 P. Cr. LJ 1126.
Q.103. For what purpose, the provisions of section 195 Cr. P.C would
apply?
A. Section 195 Cr. P.C is applied towards prosecution for contempt of
lawful authority of public servant.
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Q.104. Whether the provisions of section 195 Cr. P.C are mandatory or
obligatory?
A. Mandatory.
Q.105. SDM passed order u/s 144 Cr. P.C, which was violated. SHO of the
concerned jurisdiction lodged FIR u/s 188 PPC as complainant of the case. The
Court takes cognizance on such report. Whether cognizance taken by the Court is
legal or illegal?
A. Not only illegal but void ab initio; the SDM had to act as a
complainant upon making such complaint in writing. 2001 P.Cr. L.J 414.
Q.106. Section 106-A Cr.P.C relates to prosecution of criminal conspiracy.
Can the police make direct investigation to explore the offence of criminal
conspiracy?
A. An investigation of criminal conspiracy by police or any other agency
is illegal without sanction of the Provincial or Central Government as the case may
be. 1940 P.Cr.L.J1708.
Q.107. In case, when a judge, Magistrate or any other public servant is
found guilty of any offence in discharge of his official duty. What is the procedure
of his prosecution?
A. In case of Judge, Magistrate or Public servant of Central
Government, prior sanction of President of Pakistan is mandatory and in case of
Provincial Government, the Governor of the Province. [S.197].
Q.108. In the direct complaint recorded u/s 200 Cr. P.C by the Court of
Sessions or Magistrate, can the preliminary enquiry (P.E) be got conducted
through police u/s 202 Cr.P.C?
A. Yes.
Q.109. Why police and why nort any other subordinate Court?
A. The Court has to ascertain the truth or falsehood of the complaint.
Magistrate or Court of Sessions can make inquiry in any manner, as the provisions
of 202 are not obligatory; rather an enabling provision, thereby the Court can get
inquiry done any quarter. 1991 P.Cr.L.J81 & 1998 SCMR 922.
Q.110. Direct complaint is dismissed u/s 203, state the grounds of
dismissal?
A. When the court of Magistrate or Sessions after considering the
statement on oath of complainant and the result of investigation or inquiry u/s 200
Cr.P.C, finds no ground sufficient for proceedings. In such cases the Court will
dismiss the complaint recording the reasons there for.
Q.111. The proceedings of direct complaint are commenced u/s 204. The
process is issued by the Court against the accused, who is prima facie held guilty
of the charged offence. Explain the mode of process issued by the Court?
A. It is just for the Court taking cognizance of the offence that there is
sufficient ground for the proceeding and the case appears to be one in which
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Note: Purpose behind giving such particulars is that the accused should
prepare his case accordingly and may not be misled in preparing his defense.
Q.120 How validity of the charge is to be judged?
A. On the basis of accusation as given in prosecution story and not on
the basis of evidence ultimately led in the case. 1997 P. Cr. L.J 1030
Q.121 Whether Court can amend the charge, if yes, at what stage of the
rial?
A. The Court can amend the charge at any time before judgment is
pronounced. [S. 227]
Q.122 Whether such an amended charge can be again read and explained
to the accused.
Q.123 The accused was charged with one offence and convicted to
another. Is it permissible to law?
A. Yes. As provided u/s 237 of the Code A reply is returned with the
following illustration. `A` is charged with theft. It appears that he committed the
offence of receiving stolen goods. He may be convicted of receiving stolen goods,
though he was not charged with such an offence.
Q.124 For trial of the cases by Magistrate the supply of statement and
documents to the accused is provided u/s 241-A. Return your answer with specific
mention how much days before commencement of the trial those documents are
to be supplied to the accused?
Q.125 Which are those cases in which such documents are to be provided
to the accused?
Q.126 Under which type of case, these documents are to be provided to the
accused?
A. Statements are not supplied in the cases which are trial summarily or
punishable with fine or imprisonment not exceeding six months.
Copies of statements of all witnesses recorded U/Ss 161 and 164 Cr.P.C and all
the inspection notes recorded by an Investigation Officer on his first visit to the
place of occurrence.
Q.129 In case the accused admits the truth of allegation made in the charge
before the Court of Magistrate, what procedure shall be adopted by the
Magistrate?
Q.130 In case of admitting the charge voluntarily, whether the Court will
convict the accused in full or some lenient view will be taken?
Q.131 U/s 245 Cr.P.C, the acquittal of accused is provided, whether such
acquittal is at any stage of the proceedings; or before or after recording of the
prosecution witnesses?
Q.133 Withdrawal of the complaint is provided u/s 248 of the Code, whether
the Court will simply allow withdrawal or pass some other order in addition?
Q.134 U/s 249 Cr.P.C, the Magistrate finds that further proceedings cannot
commence for want of PW`s and stops the proceedings of the case and release
the accused. Whether such release amount to acquittal or discharge of the
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Q.135 Likewise 249 Cr.P.C, the Magistrate acquits the accused u/s 249-A
finding that the charge was groundless and no conviction can be passed on said
charge. Whether order of acquittal can be recalled by the Magistrate, when
complainant or witnesses appear before the Court for their evidence.
A. No, order of the acquittal is conclusive and final and mainly based
upon the deficiency of the charge. U/s 249 the proceedings were stopped without
any order of conviction or acquittal; whereas u/s 249-A of the Code the accused
has been acquittal on account of groundless charge. Such an order cannot be
recalled by the Magistrate.
Q.136 The Court grants compensation for malicious prosecution u/s 250.
False, frivolous or vexations accusation comes under malicious prosecution. The
Magistrate awards compensation findings false, frivolous and vexations accusation
against the accused person. How much penalty can be imposed by FCM and TCM
(Third Class Magistrate) to be paid to the accused?
Q.137 While taking cognizance u/s 250 Cr.P.C, what material evidence is to
be seen and appreciated by the Magistrate?
his advocate in writing to plead quilty of the charge on his behalf and to pay the
fine.
Q.139 Under which provision of law, the procedure of summary trial is
provided?
A. It is provided u/s 60 of the Code of Criminal Procedure.
Q.140 Whether formal charge is framed in summary trials?
A. No, PLD 1954 Dacca 66.
Q.141 In the cases where there is no appeal provided how Magistrate will
commence the trial?
A. In those offences/cases, where there is no provision of appeal, the
Magistrate or the Bench of Magistrates need not record the evidence of witnesses
or frame a formal charge.
Q.142. Explain how the procedure of conviction will be followed in the light
of particulars contained under section 263 Cr.P.C?
A. The particulars are given under section 263, which are to filled
accordingly.
Q.143 In cases, where there is provision of appeal, how will commence the
trial by the Magistrate?
A. The procedure is provided u/s 264, whereby those summary trials
which carry the provision of appeal are to be tried with recording of evidence and
further the particulars given u/s 263 are to be followed.
Q.144 By whom the prosecution is to be conducted before the Sessions
Courts in session` trials?
A. Public Prosecutor, popularly called P.P [S.265-A]
Q.145 For the trials before the Magistrate, the supply of statement and
documents is provided u/s 241-A, whether the documents and statements to the
accused for sessions trials is provided in the same section or some other one?
Explain.
A. For sessions trials, the statements and documents are to be supplied
to the accused u/s 265-C.
Q.146 The provisions of section 265-C are mandatory; as word “shall” is
used therein. What shall be the effect upon in case of non supply of the statement
and documents free of cost not later than seven days before comment of the trial
to the accused?
A. The trial will be vitiated. 1922 P.Cr.L.J.2603.
Q.147 In case accused pleads guilty on the plea recorded u/s 265-F of the
Code, whether it is binding upon the Sessions Court to record conviction?
A. There is no binding upon Sessions Court to award conviction to the
accused on admission of guilt. It is discretion of the Court to record or not to record
conviction of accused on his pleading guilty of the charge. The Court will record
evidence if the conviction is not recorded. 2000 P.Cr.L.J.837.
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A. Court is not competent to ask accused of the charge for the second
time,
1997 P.Cr.L.J.1930.
Q.160 Under which section of the Criminal Procedure Code, the
compounding of the offence is provided?
A. U/s.345 Cr.P.C.
Q.161 A case is tried by the Magistrate whereby he frame the charge and
recorded evidence of the PWs. After termination of trial by recording statement of
accused u/s 342 and examining him oath u/s 340(2), the Magistrate starts writing
judgment. After going through the prosecution story, evidence of PWs and defense
the Magistrate started writing judgment and got is completed. However, before
signing the judgment Magistrate found that the sessions` case was made out on
the basis of material available on record. What should the Magistrate do in such
circumstance?
A. The Magistrate should resort the provisions of section 347 Cr.P.C
and shall send the case to the Sessions Court for trial. 1998 P.Cr.L.J.189
Q.162 In a criminal case, the process of recording of evidence is material enough
as the conviction or acquittal is mainly based upon evidence. It is generally said
that evidence is to be taken / recorded in presence of accused. In a case if the
appearance of accused is dispensed with, what recourse shall be done by the
Court?
A. In such an eventuality when personal appearance of the accused is
dispensed with, the evidence is to be taken in presence of Pleader of the accused.
[S.353].
Q.163 During recording evidence of witness, if Magistrate or Sessions
Judge finds that the conduct of witness is not proper and replies arrogantly or
falsely or he is concealing some information which is material for just decision of
the case; what the Court of Magistrate or Sessions shall do in these
circumstance?
A. While recording evidence of the witness, the Court of Magistrate or
Sessions Judge shall also record such remarks, holding material respecting the
demeanor of such witness whilst under examination. [S.363]
Q.164 Under section 364, the Magistrate or the Sessions Judge as the case
may be, has to certify the recorded evidence of accused with own hand note of the
Magistrate / Sessions Judge. Give the language of that certificate?
A. Magistrate or Judge shall certify under his own hand that:
“the examination is taken in my presence and hearing and that the
record contains a full and true a account of the statement made by the accused.”
Q.165 If there is no memorandum of certification by the Judge within
requirement of section 364, what shall be the legal consequence?
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Q.182 If accused is detained for period of two years and the trial is delayed
for no fault on the part of accused. Afterwards trial proceeds speedily
and accused is convicted for two years, what shall be the fate of
accused remaining two years detained in jail?
A. The Court will consider the period of detention while awarding
sentence of imprisonment. In such state of affairs, the Court will
extend benefit of section 382-B to the accused and consider the
period of detention in conviction already gone by the accused.
Q.183 The sentence of whipping is provided u/s 391 to 395. Some classes
of persons are excluded from whipping. Name them?
A. a) Females
b) Males sentenced to death, life imprisonment or imprisonment
for more than 5 years.
c) Males, whom the Court considers, more than forty five years
of age.
Q.184 Who has power to remit or suspend the sentence?
A. Provincial Government
Q.185 Provincial Government has also power to commute punishments.
Explain which are those sentence to commute?
A. I) Death;
II) Imprisonment for life;
III) Rigorous imprisonment for a term that to which he might have
been sentence;
IV) Simple imprisonment for a like term;
V) Fine;
Q.186 Whether the Provincial Governments are independently competent
to suspend, remit or commute the sentence?
A. No, the Provincial Government will do so subject to previous
approval of the President or when the President has passed any order in exercise
of his powers under the constitution to grant pardons, reprieves and respites or to
remit, suspend or commute any sentence or even death sentences as shown in
section 402-A.
Q.187 Whether President will order remission or commutation of any
sentence either suomotu or with any consent?
A. Within meaning of S.402-C the Provincial Government, the Federal
Government and the President shall not without the consent of the victim or, as the
case may be, of his heirs suspend, remit or commute any sentence passed under
any of the sections in chapter XVI of PPC.
Q.188 Whether second bail application or second criminal revision can be
filed or the plea of resjudicata will apply on it?
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A. Appellate Court can exercise such powers only when the additional
evidence was either not available at the trial or the party concerned was prevented
from producing it either by circumstance beyond its control or by reason of
misunderstanding or mistake. PLD 2001 SC 384.
Q.197 Under which provision of law, the appellate Court call for record of
the inferior Courts?
A. U/s 4354 Cr.P.C.
Q.198 Why these records are called or summoned?
Q.199 Can appellate Court issue direction to the inferior Court while getting
the record summoned?
A. Yes, while calling such record, the appellate Court direct that the
execution of any sentence be suspended and, if the accused is in confinement, is
released on bail or on his own bond pending examination of the record.
Q.200 The revisional powers of High Court and Sessions Court are
provided u/s 439 and 439-A of the Court. Distinguish between them?
offences showing contempt of court or the court orders. How will you commence
the procedure?
A. The Court takes cognizance u/s 480 Cr.P.C for offence punishable
u/s 228 PPC, when accused commits contempt of Court by his action or utterance
or he shouts at the Court or teats arrogantly to the Court or threats the Court in
either way, the judge of Court will order the offender to be taken in custody. The
substance of the accusation will be written down by the judge in his own hand
written or dictations as provided u/s 481. As the imputation of accused directly
interrupts the Court therefore, summary sentence will be passed against the
accused; the summary order would be in the following narration:
Q.203 The Court under its writ jurisdiction under Article 199 of the
Constitution 1973 issues direction of the nature of Habeas corpus. Explain in your
words for what purpose this writ is issued?
Q.204 The power u/s 491 is also delegated the Sessions Courts. How High
Court seeks enforcement of such writ from the Sessions Court?
Q.206 Can prosecution of any criminal case be withdrawn from the Court of
law, if yes, how and when?
Q.207 State the stage of the case when the Court orders withdrawal either
in discharge or acquittal?
Q.208 Whether in bail able offences as contained u/s 496, bail is granted to
the accused as a right, grace or concession?
Q.212 Is there any difference for grant of bail in cases of pre-arrest and
after-arrest cases?
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A. Consideration for grant of bail in both the cases are different; namely
applications for bail after arrest and filed u/s 497 and 498-A Cr.P.C; whereas,
applications for pre-arrest and protective bail are filed u/s 498 and 498-A. 2000
P.Cr L.J 994
A. Bail is often cancelled after the accused is found to have misused the
concession of bail.
Q.217 Under which provision of law the Court issue release order of
accused after discharging him from custody of jail?
Q.219 When the Court of Sessions orders for dispensation of any witness`s
attendance what alternative order is passed by the Court to ensure the cannons of
justice?
Q.221 It happens invariably that the Police prefer the charge sheet before
Court, citing accused (s) as absconding. After submission of challan the Court
issues harder process against those cited absconders. Return your answer with
the following questions.
Q.222 The Court orders forfeiture of surety u/s 514, what further steps are
taken by the Court to recover the surety amount within meaning of S.514?
A. The Court will firstly call for the surety to satisfy the Court why surely
amount be not paid by him. If sufficient cause in not shown and penalty is not paid,
the Court will proceed to recover the surety amount by issuing the warrants for
attachment and sale of the moveable property belonging to the surety or his
estate, if he be dead. If there is no such property for attachment, the Court will get
the surety arrested and put him in jail for a term not exceeding six months.
Q.223 In case surety has died before his bond is forfeited, what order will
be passed by the Court?
Q.225 If bond is forfeited in the lieu time of surety and he dies thereafter
what steps will then be taken by the Court?
Q.227 Order passed u/s 514 is whether appealable or revision able, state
your answer in the light of particular provisions of law?
Q.229 It is general practice of the applications u/s 516-A Cr.P.C that the
property is returned to the person from whom it is recovered. What you say about
it?
of offence and dismiss restoration application of the owner. The subject vehicle /
car standing at police / subject car would be worthless. Is it justifiable to detain the
vehicle in Malkhana till it is completely devasted / damaged?
A. It is neither the scheme nor the spirit of law. The Court should be
more vigilant to save the property from devastation, where it was likely to be
misused, damaged or its utility was to be impaired. It is held in 2000 MLD 197 that:
Q.232 The Court of Magistrate or Sessions finally dispose off the property
by an order under judgment written at the conclusion of the trail. Explain in yours
words in which mode and manner the disposal of such property used in the
commission of offence is made by the Court after conclusion of trial in the light of
section 517 Cr.P.C?
A. For The disposal of such property, the Court may make an order by
destruction, confiscated or delivery to any person claiming to be entitled to
possession thereof or otherwise of any property or documents produced before it
or in its custody or regarding which any offence appears to have been committed
or which has been used in the commission of any offence.
Q.233 An order passed u/s 517 may taken form of reference u/s 518
authorizing FCM for seizure of property like power of police. Order passed U/Ss
517 and 518 can be stayed, which is that Court to stay these orders?
A. Court of appeal;
Q.234 Whether police can conduct search of arrested person? If yes;
ii. If any articles are recovered during search, how the some are to be
kept?
Q.235 Under which provision of law, the police can make search of the
person of accused?
A. U/s 51 Cr.P.C.
Q.237 What is the procedure adopted by the Police officer after seizure of
property under section 51?
Q.238 When there is no claimant of the seized property and the person
from whom the property is recovered has no title to retain, what shall be the
procedure by the Court?
Q.240 When the applicant notifies to the trial Court about his intention to
move High Court to get his criminal case transferred, what order shall be passed
by the trial Court?
A. Trial Court is bound to stay the proceedings. PLD 1956 Kar 440.
Q.241 Irregularities which vitiate the proceedings are mentioned u/s 530.
You may reply what these proceedings are called?
Q.242 Civil Court has power to summon the material witness or examine
those witnesses, who are present before the Court irrespectively they are neither
named as witness nor called as witness. Is such a power available with criminal
Court? Elucidate your answer?
Q.243 Whether police has powers to seize any property, if yes. What is the
provision of law and what is the description of property?
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A. Court of Magistrate at the most will acquit the accused u/s 249-A,
holding the charge groundless, similarly the Court of Sessions will resort the
provisions of S.265-K. Although the persons falsely implicated will be acquitted yet
the FIR of false accusation will hold the field. The High Court will exercise inherent
jurisdiction u/s 561-A, and will quash the FIR; as if the same had no existence.
THE END.