CRIMINAL LAW NOTES SSK 

DEFINITIONS
1. JURISDICTION:
It is the authority given by law to a court to entertain judicial
business for adjudication.
2. Arrest:
Depriving someone of liberty (giraftar)
3. Custody: (harasat)
In control
4. Detention: (qaed)
Either in police station, or in police post.
5. Charge: it’s a notice given by court to the accused before the
commencement of the trial.
6.

Rights of accused:
Crpc provides 5 types of rights to accused, they are
1. Section 6; not more than 24 hours: accused after arrest shall
not be detained more than 24 hours. However, time taken to bring
accused before magistrate is exempted. After 24 hours if
magistrate has not allowed police to detain the accused under
section 167(physical remand), police would have no right to take
him into custody.
2. Section 340; defend and be witness: any person accused of any
offence shall be informed of charges made against him and he shall
have full right to defend himself. He also has right to be witness in
his own case.
 Moreover, if he is charged of any offence he shall not be asked of
any other crime, which will probably make him accused. And even
if a council ask such question, he is not bound to answer it, except
a. If he is charged, or convicted, or tried of any offence that
is related to the question asked.
b. If he has personally asked question in a view to establish
his own good character.
c. If he has given evidence against any other person charged,
or tried of the same offence.
3. Section 345; Compounding of offence: the offences provided in
column number 2 of this section can be compounded by persons
provided in column number 3.
Moreover, as provided in subsection 2 and 2A, the offences may
be compounded with the permission of court taking into
consideration the facts and circumstances of the case. And the
person compounding shall be competent to compound an offence.
4. Section 242; charge to be framed: after the accused is brought
before magistrate, he shall be formally charged and properly asked
if he admits that he has committed the offence he is charged.
5. Section 265D; When charge to be framed: charges in writing
will be framed when court, after taking into consideration the
documents provided and statements filled by the prosecution, is of
opinion that there is ground for trail of the accused .
6. Section 265C; All statements and copies shall be given to
accused free of cost before 7 days of commencement of trail.
7. 496, when bail is to be taken: Any person arrested without
warrant, may be released on bail if he is willing to present himself
before court whenever asked. But it is not applicable on non-
bailable cases.
 Difference between appeal and revision
There are following differences between appeal and revision, they are as
follows,
1. Appeal is a right created by law, while revision is the duty imposed
by law on the same court. Related sections are 185/404.
2. Where there is appeal there will be no revision, while if there is no
appeal revision will be there. Related sections are 439, high court
and 439-A session court and 369, no revision except for clerical
mistake. Supreme Court is the highest court of appeal in Pakistan,
while revision courts are high court and session courts.
3. More than one appeals are possible on the same issue, while
revision lies only once.
4. Appeal is possible on question of law and question of fact,
however, revision is only on question of law.
5. Appeal is subject to limitation while revision lies at the discretion
of courts.
6. Appellate jurisdiction has to be invoked whereas revision is also
possible by suo motu
7. Appeal cannot be disposed off without hearing the party, but not
necessary in revision.
8. Appeal is possible only from the judgment and final order of the
court, and revision lies against day to day proceedings
9. Supreme Court is the highest court of appeal in Pakistan, but it
does not have revissional jurisdiction.
10. All higher level courts can act as court of appeal, but
revisional jurisdiction lies with session and high courts 439,439-A.
11. Court of appeal can convert acquittal into conviction, vice
versa, but this cannot be done by court of revision.
12. Punishment can be enhanced by court of revision, court of
appeal cannot enhance the punishment.
 A- Classes of Criminal Courts.
As per CrPC there shall be two classes of criminal courts in Pakistan,
i. Courts of session
ii. Courts of magistrate
Magistrate courts are further divided into following
categories,
1. M. first class
2. M. second class
3. M. third class
In Baluchistan along with judicial magistrate, executive magistrate
are also there.

Powers of courts:

s. 28; There are three types of courts which try offences under this
code,
High court,
Session court,
Or any other court which try, offences of eight column of the
second schedule. If such court is not mentioned high court shall try
such cases.
High Court: high court may pass any sentence which law empowers it to
pass.
Session Court: session or additional session judge may pass any
sentence except death sentence which will be
confirmed by high court.
Assistant session judge may pass any sentence except a sentence of
death and imprisonment exceeding seven years.
In juvenile cases, where accused is not liable for the offence of life
imprisonment and death and is under the age of 15 years, magistrate will
try the cases.(29B)
Magistrate can try any case as provincial government may empower
him, but he cannot try cases punishable with death. (30)
s.32. There are three types of magistrate who can pass following
sentences,
Magistrate of first class: this magistrate can pass any sentence, awarding
three years sentence and a fine up to Rs 45000, arsh, daman and
whipping.
Magistrate of second class: this magistrate can award up to one year
imprisonment and fine up to Rs 15000
Magistrate of third class: this magistrate can award imprisonment up to
one month and fine not exceeding Rs3000.
Of default
In case of default of fine, magistrate can impose fine and imprisonment
up to ¼ th of the imprisonment.
Of several offences
If a person is charged with several offences, it is the discretion of court
weather to start offences one after the other, or concurrently start all
offences.

3rd schedule specify the ordinary powers of magistrate, however, on the

recommendations of high court, provincial government may empower
him with additional powers of the 4th schedule.

Chapter 5
Of arrest, escape and retaking.
A-ARREST GENERAL:
SS46-53A
In making arrest by any person, or police of a person and that he submits
himself by action, or by word, police shall not touch or confine the body
of person so arresting. However, if the person to be arresting, resist the
endeavor to arrest, police may use all necessary means to effect the
arrest. Police has no right to cause the death of person in effecting the
arrest, if offence is not punishable with death or life imprisonment. (46)
In case the person to be arrested, has entered into any place. Then the
resident of place shall on demand of police allow him free ingress
(access) to search the place and effect the arrest.
In case the person to be arrested, has entered such a place where ingress
is not obtainable. Police shall obtain admittance from his authority, to
break open door or window, in order to effect the arrest. But if in such
place woman is residing and such entrance is not custom, then police
shall give her notice and accommodate her to escape, before arresting
the offender.
In case police or any person is detained, they can break open to liberate
themselves.
Once the offender is arrested, he shall be restrained reasonably to
prevent his escape.
Search of arrested person shall be made and all articles shall be taken
into custody, except the necessary wearing. If the offender is woman,
she shall be searched with strict regard to decency, only by a lady
officer. While searching the offender, if any offensive weapon is
produced it shall be taken to the court or his officer whatever the case
may be.
In case the person is accused of rape or sexual assault, he shall be
examined by medical practitioner employed in a government hospital.
The medical practitioner shall give his report containing the name, age,
injury, description of DNA and other necessary information. He shall
also state the conclusion of report precisely and submit it to investigation
officer, who shall submit it to magistrate through public prosecutor.

B----Arrest without warrant

Ss. 54-67
Any police may arrest, without order from magistrate or warrant, a
person who,
Has been involved in any cognizable offence and against whom a
reasonable complaint has been made, or
Has been found in possession of any implement or tool which can be
used for housebreaking, and he has no lawful excuse, or
Has been proclaimed as an offender by government, or
Has been found in possession with stolen property and have committed
an offence with it, or
Has obstruct a police officer from doing his job, or attempted to escape
from lawful custody, or
Has deserted from armed forces, or
Has committed such offence outside Pakistan which if committed inside
Pakistan would be liable to be detained in custody
For whose arrest a requisition has been made by another police officer,
specifically stating the cause and nature of offence.

Arrest of vagabonds, habitual criminals etc, Any police officer

may arrest any person,
1. Who has been found taking precautions to conceal his presence
near the station and may commit a cognizable offence,
2. Who has been found within the limits of such station and cannot
provide clear account for his presence there,
3. Who is known for his habitual robbery, housebreaking, theft,
extortion and who habitually puts a person to injury.

Police may also arrest any person who has committed or is accused of
non-cognizable offence, if he fails to give his name and address, in order
to ascertain his name and address. Once the offender has told his name
and address police shall set him free, if not he may be forwarded to
magistrate for further process.
Police also have authority to pursue and arrest any person in any place of
Pakistan.
Law has also given power to private person to arrest any person who has
committed, or been accused of non-bailable and cognizable offence, and
produce him at once to the nearest police station. Police officer in charge
of the station shall re-arrest him under 54 section of Crpc. If there is
sufficient reason that he has committed such offence he shall be
forwarded to nearest magistrate. Arrested person shall be released at
once if the offence is non-cognizable, or if he has not committed such
offence.
If any offence is committed in presence of magistrate he may order any
person, or himself arrest him. He also have authority to arrest any person
if the circumstances so requires.
Person arrested cannot be kept more than 24 hours in detention under
ss.61 Crpc.
Discharge: there are three ways to discharge any person.
By bond,
By bail,
And special order of magistrate.

Investigation
Evidence and its types
Inquiry
Remand and its types
Police report and its types
Every absconder is ..

SUMMONS s 68 – 74 schedule 2 column 4

Criminal cases are serious in nature and every possible effort is made to
make accuse part of trail. Thus, no case can be tried ex party and
summons are issued to make accused part of investigation. In civil cases
when person is summoned, he has choice if he wants to appear himself,
or by his lawyer. But in criminal cases person has no choice and have to
appear himself. It’s a bilateral process.
In Schedule 5 procedure of summon is described. When summon is
issued it must be duplicate and in writing, signed and sealed by court
stamp. It is bilateral process. It contains the name of person, time and
date, and court’s name etc. it also contains the procedure of afterwards if
summon is not followed. Summons shall be served by police officer, or
process servant.
Summons can also be issued for production of document.
Types of summons:
Personal: summons shall be served to person himself and signature is
obtained.
Extended: if person is not present, summon shall be given to any of his
male adult of the family.
Posting: if summon cannot be served by the above process, it shall be
post to his available address, or affixed on such a visible place that
person will likely see it. However it is least effective.
Normally court issues one summon, if not come, then second notice,
after which arrest warrant is issued.
ss. 75 86: Warrant arrest:
Warrant of arrest is issued by court in writing, properly signed and
sealed and directed to police under section 77. Unlike summons It is
trilateral process. It can be directed to one, or more police officers, or to
landlords. Normally SHO receives warrant of arrest. The arrest warrant
shall be shown to person, if he isn’t literate police shall read it out to
him. When arrest is made police shall without delay present him in court
subject to section 76. It can be executed in all Pakistan through
magistrate. Transit remand can be obtained if accused is arrested outside
jurisdiction. Normally arrest warrant is used after summons is issued,
but in anticipated default warrant arrest can also be made to ensure the
execution of warrant.
Court also determines if warrant is bailable or not. If it is bailable police
may take the surety and release the person. The endorsement shall also
state the amount of surety, and date on which he shall appear in court.
Such person can also give application of 540 A. it can also be issued
against witnesses. If accused has promised to appear before court but did
not appear, then based on actual default and contempt of court, arrest
warrant can be issued against the accused.
Warrant of arrest may be issued by first and second class magistrate,
mostly. Warrant of arrest is to be executed, or cancelled. Otherwise it
shall be presumed that it is continued and any person can arrest him.
When arrest warrant is not bailable, and is addressed to police. Police for
making arrest can also use force under section 46. This is not a
presumption but should be in writing.
Even if after warrant of arrest person is not arrested, either because he is
absconded (in Pakistan but keeps on changing his address), or fugitive or
went concealed (underground or gone abroad not known to police). If
someone is providing a shelter to such person, he or she would be liable
to harboring. Except for spouses who are supposed to be in the company
of each other.

Proclamation and attachment (87, 88, 89)

To put more pressure on accused to appear before court, court may
proclaim the offender.
After search warrant has been issued, but could not be executed, and
court is satisfied with evidence that accused is not appearing, either
because he is concealing himself or is abscond, then under section 87,
court will issue proclamation orders in writing against such person to
appear before court. Duration of this order shall be 30 days, it can be
extended. This order shall be read and published as such that accused
person’s circle know about it, and at court, which is issuing this order.
If after issuing proclamation person does not appear, court will order for
attachment of such property which belong to accused under section88,
let it be movable or immovable. This is can be done either by seizure or
prohibiting its delivery or appointment of receiver, this section gives
wide discretion to court. For instance, if property of agricultural land or
has livestock or is perishable nature, then court may sell it out.
Receiver appointed shall have same powers and duties as
mentioned in CPC.
Any person having interest in Attached property can claim for
release of property. Any mortgagee may also claim for release of
property because mortgage is a secured contract. Application must be
within 30 days. If application is rejected, then within a year suit can be
filed. Till the pending of suit property will remain attached. And when
decree is issued in favor of applicant, attached property can be released.
After appearance of person under 6E property will be released
 Proclamation can be canceled only if person is arrested or appeared
before court. If he does not appear then under 88(7) it will be at disposal
of provincial govt. if it sells out this or not. Court can also convert a
summons case into warrant case, based on anticipated default or actual
default.
Restoration of attached property:
If within two years of attachment, person appears and satisfy the court of
his not appearing, then court may return the residue after deducing the
expenditure from property.
When person is present in court already:
Without being summoned or arrested court can demand bond from the
person himself to ensure his presence for next hearing whatever the case
may be. Person shall be present at court.
Production of document:
There are two ways to order for production of document. A written order
can be issued, or summons can be issued to such person to produce such
document, which court thinks is in his possession and is relevant to this
proceeding.
Article 15 every competent witness is compellable witness, so
INVESTIGATION OFFICER, or court may require any witness to
produce such document or article which is in his possession. Failure of
which may make him liable of 485. If person does not produce, or does
not comply with orders of the court, court is then empowered to issue
search warrant against such person.
For arrest of such person who is not appearing before court, if the
offence is cognizable, no search warrant is required, under section 47.
Search shall be made in the presence of witness. If any article is
produced, list shall be made and signed by the witness. Search warrant is
essential for it. Moreover, if magistrate make search in his presence,
search warrant is not required.

REMAND {TO RETURN OR SENT BACK}

When a person is arrested, he shall be presented before magistrate within
24 hours and shall also be given the opportunity to be defended. Further
if the offence is non-cognizable bail-bond shall be acquired. If
investigation could not be carried out completely then remand can be
obtained under 167 from magistrate only. Police shall give a copy of
diary and shall state the grounds that the case is well founded. Arrested
person shall have spent 24 hours in custody and shall be brought before
magistrate in person. Only magistrate will decide the length of remand,
if given. Session judge will also get a copy of this remand. In total 15
days remand can be given, including the period of arrest. If no
information is received in this period, arrested person will be set free.
S167. Physical remand: 15 days maximum only first class magistrate.
There will be common remand and no case to case remand. When the
accused is female, she will be
S344. Remand Judicial, can be given by any trial court, even third class
magistrate, or session judge, or high court. There is no maximum limit
for this.
Under trail prison, when presented before court, but chalan is not
submitted, he will be sent back till next hearing. When chalan is
submitted, till next hearing he will remain with court custody for further
proceedings. When person is in court custody, and regulation of this
custody is called judicial remand.
Transit remand: a person is liable to be shifted from one place to another
in custody. So when person is to be shifted he shall be presented local
superintend police, or magistrate, for transit remand. If distance is too
long and could not be completed in 24 hours, he will be given transit
remand. When arrived, he will be presented to the magistrate where case
is registered and physical remand can be obtained.

POLICE REPORT 173. 344

A report by police officer (sho) through public prosecutor
TYPES
Incomplete
Complete
Supplementary
Chap 14: 154 to 176
FIR is the start of criminal case, it is recorded before investigation. State
is made party to the case through FIR, and it is registered at police
station always, except when the offence is related to the rape, or striping
or any other grave offence, then police may registered FIR as per the
convenience of woman or her relative, whether at home or at police
station. FIR is the number of case and it is public document. Person
mentioned in FIR may be call upon by police in station and record his
statement.
Cognizable and non-cognizable:
Information first in front of time to the police which was convened
by the informant regarding cognizable offence, and if the offence is non
cognizable then information is registered with approval of magistrate
and investigation is also started with approval of magistrate. As per 155
no arrest shall be made too. However, if police officer is of opinion that
this information is false, he may deny the registration.
Investigation officer shall have diary and document all important details
during investigation in crime site, it is the part of the police report.

Essentials of FIR
Date and time, serial number, place of occurrence, facts, offence and
section, written by police, informant’s signature and name, etc. Accused
name is not necessary.
Effects of delay:
There shall be no unnecessary delay in registration, otherwise it will be
presumed that delay was used for the purpose of deliberation. Its
disadvantage will go against state prosecution and will weaken the case.
But if FIR cannot be registered at once because of emergency, the report
shall be registered daily diary, and when appropriate, or medical report
comes, formal FIR shall be registered. Only reasonable delay is
admissible.
When FIR is not registered by SHO then application can be given
under 22-A 22-B and session judge will order SHO to register FIR.

When FIR is registered police starts investigation as per 157. As

per section 159 magistrate may inquire into matter himself, or may order
police to inquire into. Police will then present report to magistrate.
Police shall examine the witnesses and record the statements of
witnesses as per 161. This is also called as previous statement. In
general, in LAW OF EVIDENCE, this statement is not admissible as
evidence, though. When the offence is non cognizable and person is
arrested then bail shall be given to the accused on application.
Any Magistrate of first and second class shall record the statement and
confessions during inquiry made to him by accused, voluntarily.
Magistrate shall record it, read it out to person and sign it as per 164.
After investigation is completed police report under section 173 is
presented before court through public prosecutor.

When FIR is registered, before investigation, it is admissible as evidence

for only limited purpose. When statement is recorded during
investigation it is not admissible by law of evidence. When testimony is
in contradict with previous statement it will question the characteristic of
witness. For corroboration of testimony, previous statement can be used
as evidence when allowed by court. Previous statement is also used by
investigation officer during his testimony, he can consult his daily diary,
but then defense council will also have right to see this statement.

However presence, or absence of name in FIR does not mean one shall
be convicted, or acquitted. Other evidences would be essential.