WEEK 4 MAJOR ASSIGNMENT

ASSIGNMENT OF CrPC

Submitted By; Muhammad Umar

Student of; Bahria University, Islamabad

Dated; 2nd Oct, 2021

Q#01; DIFFERENCE BETWEEN COGNIZABLE AMD NON
COGNIZABLE OFFENCES
Non-Cognizable Offences
Non-cognizable offences are not of heinous and
serious in nature they are less serious.
In non-cognizable offence magistrate permission in
required for lodging FIR.
In non-cognizable offence court approval is
necessary to initiate/ begin investigation.
According to under section 4(1) (n) of CrPC a non-
cognizable offence mean an offence in which the
police officer may not arrest without warrant.
Example of non-cognizable offences are
defamation, assault, forgery, cheating etc.
Cognizable Offences
Cognizable offences are of heinous and serious in
nature
In cognizable offence FIR can registered without
magistrate permission
In cognizable offence approval of court is not
required to initiate/ begin investigation
According to under Section 4(1)(f) of CrPC a
cognizable offence mean an offence in which the
police officer may in accordance with second
schedule or under any law for the time being in
force arrest without warrant.
Example of cognizable offences are Murder,
dacoity, Rape, theft, kidnapping, robbery,
extortion, un-natural lust etc.
Q#02 Create list of at least 15 (each) cognizable and non-cognizable offences
by taking help of schedule 2 of Cr. P. C?

List of Cognizable Offences List of Non-Cognizable offences

a) Abetment of offence punishable with death a) Sedition

or imprisonment for life
b) Deserter concealed on board merchant
b) Criminal conspiracy to commit an offence vessel, through negligence of master or
punishable with death. person in charge thereof.

c) Concealing a de sign to commit an offence c) Owner or occupier of land not giving

punishable with death or imprisonment for information of riot, etc.
life if the offence be com mitted.
d) Committing Affray
d) Defiling or unauthorisedly
e) removing the national flag of Pakistan from e) Public servant unlawfully engaged in trade.
the government building.
f) Bribery
f) Abetting mutiny, or attempting to seduce an
officer, soldier, [sailor or air man] from his g) Undue influence and personation an election

allegiance or duty. h) Failure to keep election accounts

g) Being member of unlawful assembly i) Absconding to avoid service of summons or

other proceeding from a public servant.
h) Joining any unlawful assembly with deadly
weapon j) If summons or notice require attendance in
person, etc., in a Court of Justice.
i) Rioting
k) Giving false information respecting an
j) Rioting armed with deadly weapon offence committed.
 k) Personating a public servant
l) Wearing garb or carrying token used by
public servant with fraudulent intent
m) Inducing a person not to participate in any
election or referendum.
n) Defiling etc. of copy of holy Quran
l) Fraudulent use of false instrument for
weighing
m) Knowingly disobeying any quarantine rule.
n) Making atmosphere noxious to health
o) Giving a female forcefully in Marriage or
otherwise in badlisulh, wanni or swara.
p) Shajjah-i-khafifah

o) Use of derogatory remarks, etc in respect of q) Hurt by mistake(khata)

Holy Prophet.
p) Qatl-i-amd r) Buying or disposing of any person as a
slave.
q) Qatl-i-amd not liable with Qisas.

r) Cruelty with Child

Q#03; Grounds for Quashing FIR.

The main grounds are listed as under;

 Jurisdictional Issue; This is the foremost important groud for Quashing FIR. In the
scenario where the FIR is Lodged in a police station which actually don’t have the
jurisdiction to such FIR then as per the Jurisdictional grounds, FIR shall be Quashed.

 Content of FIR depicts that no offence is constituted; Where the uncontroverted

allegations made in the FIR and the evidence collected in support of the same do not
disclose the commission of any offence and make out a case against the accused.
 Matter is purely of civil nature; Where the allegations in the FIR do not constitute as a
criminal nature then on this ground, FIR shall be Quashed.

 Abuse of Process of Law/Inordinate delay; Where a criminal proceeding is manifestly

attended with mala fide or where the proceeding is maliciously instituted with an ulterior
motive for wreaking vengeance on the accused and with a view to spite him due to
private and personal grudge.

 Plea of Alibi; When FIR is lodged against the person claiming to be present on the spot
where the offence is commited but he/she actually where not there at that time so he can
took plea of Alibi in order to Quash the FIR.

 When offence is Non-Cognizable; Where the allegations in the FIR do not constitute a
cognizable offence but constitute only a non-cognizable offence, no investigation is
permitted by a police officer without an order of a Magistrate.

 Where the allegations made in the first information report(FIR) even if they are taken at
their face value and accepted in their entirety do not prima facie constitute any offence or
make out a case against the accused.

 Where the allegations made in the FIR are so absurd and inherently improbable on the
basis of which no prudent person can ever reach a just conclusion that there is sufficient
ground for proceeding against the accused.

 Where the allegations in the first information report and other materials, if any,
accompanying the FIR do not disclose a cognizable offence, justifying an investigation
by police officers except under an order of a Magistrate

 Where there is an express legal bar engrafted in any of the provisions of the code or the
concerned Act to the institution and continuance of the proceedings or where there is a
 specific provision in the code or the concerned Act, providing efficacious redress for the
grievance of the aggrieved party.

Q#04; Provisions of Law related to Quashment of F.I.R

1. Article 199 of Constitution of Pakistan; Writ for Quashment of FIR in High Court .
2. 561-A CrPC ; Application for Quashment for Proceedings in High Court(unless challan
has been submitted) when no Alternate Remedy is available.
3. 249-A CrPC; Application for Quashment of FIR before magistrate.
4. 265-k Cr.P.C; Application for Quashment of FIR before Session Judge.
5. Sections 181,182,201 of PPC; Remedies against False FIR
. 

Q#05; Stages of Quashment of F.I.R.

Stage 1; When Challan is not Submitted and Charge is not Framed.

On this stage, Writ for Quashment of FIR Shall me filled in High Court under Article 199 of
Constitution of Pakistan..

Stage 2; When Challan is submitted and Charges are Framed.

On this stage, Application for Quashment of Proceedings shall be filled under 249 A and 265-k
before magistrate and Session respectively.

Stage 3; Application for Quashment of Proceedings under section 561A in High court where no
alternative remedy is available andProceeding is based on False FIR.
PROCEDURE;

 First of all, a quashing petition shall be file under sections for of CrPC which are
mentioned above before hone'ble high court.
 Secondly, produce evidence for quashing of FIR.
 Thirdly; Final Arguments
 Lastly; on satisfaction of the court, Court will deliver just and proper verdict.

Note; if there is compromise, an affidavit of complainant and victims if any in support of our
petition is to be with the petition.

Q#06 Is inherent powers are also given to High court in a criminal or civil case? If yes,
mention relevant provisions of law.

Ans; Yes inherent powers are given to High Court in criminal and civil cases. Injunctions,
bails, remand of case to trail courts,

Relevant Provisions;

 Section 151 C.P.C.

“Saving of inherent powers of Court. –

Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court
to make such orders as may be necessary for the ends of justice or to prevent abuse of the
process of the Court.

 Section 561-A Cr.P.C.

“Saving of inherent power of High Court.

Nothing in this Code shall be deemed to limit or affect the inherent power 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.

M. Naeem Versus The State through Prosecutor General, Province of Sindh..

2010 P Cr. L J 1039

Karachi High Court, Sindh

Provisions of S. 561-A, Cr.P.C. had saved/protected inherent jurisdiction of High Court to pass
any order to secure the ends of justice and prevent the abuse of process of the court.

Q#07 Columns in Schedule 2 of CrPC.

There are 8 Columns in Schedule 2 of CrPC which are Sketched as under

Column 1 Column 2 Column 3 Column 4 Columm 5 Columm 6 Column 7 Column

Constains deals with Wether Whether a Whether Whether Punishme 8
the Number offences the police warrent or bailable or Compound nt under By what
of sections may arrest summon non able or not PPC Court
without shall bailable triable
warrent or ordinarily
not be issued
in the first
instant