ere ANSWERS CODE OF CRIMINAL uy PROCEDURE Mansoor 00 House - Katchery Road , Lahore Rs. 300/- errrQuestions & Answers Chapter-wise Series Code of Criminal Procedure (V of 1893) By MOHAMMAD MUZAMMIL Advocate Lahore High Court Revised by Naeem Anjum Advocate Mansoor Book 7245991 House- —— on; Code of Criminal Procedure, 1898 ¢ 7 ee f List of Questions PART! Preliminary CHAPTER 1 (Ss. 1--5) Q. 1.. What is the Object of the Code of Criminal Procedure? In this connection discuss how far the Code of Criminal Procedure is adjective or procedural law? 25 Q.2. Define Offence and distinguish between (1) Bailable and Non-Bailable offence, (2) Cognizable and Non-Cognizable offence; and (8) Cognizable and Non-cognizable cases? 27 3.) (1) What do you mean by Complaint? State its essential features: ; 30 (2) Are the following a complaint: \ fj Areport toa Judge. (ii) A petition for maintenance from a husband by his wife / under Section 488, Criminal Procedure Code. (iii) A makes a complaint that B's pigs constantly damage his crop. He asks the Magistrate to warn B but says that he , does not want B to be prosecuted. (3) B is beaten by a mob in the presence of A.-A files a complaint next day against some of the persons of the mob whom he recognized.’ Can the Court take cognizance of his complaint? (4) Can a complaint be revived on th dae le same facts after Q. 4. Define Information and First: Information compare them with Complaint? peot — Q. 5. Define "Charge" and compare it with "Offence"? 33 34 Code of Criminal Procedure 6 Define Inquiry, Investigation and Tridl and distinguish between these tarms? 34 Q. 7. Dafine the following terms:: : 36 (\) Judicial proceeding; (2) Public prosecutor. Q.8. Define and distinguish between: av (1) Compoundable and hon-compoundable offences; and (2) Discharge and acquittal. PART Il : Constitution and Powers of Criminal Courts and Offices CHAPTER 2 CONSTITUTION OF CRIMINAL COURTS AND OFFICES (Ss. 6-27) . Q.9. (1) Describe ‘the various classes of Criminal Courts in Pakistan for trial of offences, noting in each-case their, constitution, Powers and the maximum ser ntences which they can award. 38 Can any police officer be invested with magisterial power? If ‘So, when and to what extent? (2) What are the powers of the Justices of the Peace? Q-10. (1) A Magistrate of First Class, at the conclusion of a trial Sentences the accused to three years and one year's imprisonment respectively on two different charges, the sentences to run consecutively. Are the sentences legal? 42 (2) An Assistant Sessions Judge sentences an accused to sin years’ rigorous ‘imprisonment. Discuss the legality of the lure. Q. 11. What are the ordinary powers of a First Class Magistrate Enumerate and Illustrate? 42Questions & Answers 5 CHAPTER 3 Powers of Courts (Ss. 28--41) Q. 12. Describe the offences cognizable of various Courts constituted under the Criminal Procedure Code? Q: 13. (1) What provisions are there in Cr. P. Code relating ig Juveniles? (2) Is the following, order of sentence proper: The accused who extorted money by wrongful confinement of the ‘complainant were tried by Magistrate of Second Class under Section 342 and 384, P.P.C. The Magistrate found the accused guilty . and sentenced him on each count to pay a fine of Rs. 200 and in default to suffer rigorous imprisonment for 2 months. Q. 14. Discuss the power of Magistrates to sentence ‘to > imprisonment in default of fine? 46 Q. 15. State the Rule as to sentence in cases of conviction od several offences at one trial? Q.16.What powers of control have Sessions Judges over subordinate Courts? 48 A Magistrate of First Class at the conclusion of the trial sentences the accused to 2 years and one year imprisonment respectively.on two different charges, the sentences run concurrently. Discuss the legality of Procedure. ' PART fm 5 General Provisions CHAPTER 4 AID AND INFORMATION TO MAGISTRATES, POLICE AND PERSONS MAKING ARRESTS. (Ss. 42-45) Q. 17. When is a private person : 49 (1) bound to assist a Magistrate or Police officer in the execution of his duties, and (2). authorized to assist a person other than a police officer in executing warrant?8 Code of Criminal Procedure . 18. What are the offences where a duty has been cast upon the pula is A onan to the nearest Magistrate or Police Officer? : 10 Q. 19. What matters are village headmen, village watchmen, village police officers and owner, occupler or the agent of any such ‘owner or occupier to report to the police under the Code of Criminal Procedure? ‘ 51 CHAPTER 5 ARREST, ESCAPE AND RETAKING (Ss. 46--67) Q. 20. (1) What are the rules regulating search and arrest of a person? 52 (2) Can a private.person search the person of the arrested person? ‘ \X2— Q. 21°(1) By whom can arrest be made without a warrant? 53 @: (2) When can a police officer arrest a person without an order from a Magistrate and without a warrant? Does the Code make any distinction Between Police officers of different ranks In this. respect? Q. 22. How can the arrest of vagabonds habitual robbers, etc., be made? 55 Q. 23. Enumerate the provisions of the Code for safe-guarding against vagabonds and habitual ‘offenders? 55 Q. 24, (1) When Is a private person empowered to arrest? State what such person Is required to do after making the arrest? 56 (2).A, an accused person is tried for murder, It is proved that he was in possession of ornaments worn by murdered person when she met with her death. A Is unable to give reasonable explanation how he come into possession of ornaments. In this example, the accused A is acquitted because the gullt of a murder could not be proved against im. . Can A be convicted at the same trial of the offen Alvin stolen property? ice of receiving Q. 25. Enumerate ‘all the circumstances under which a police officer can arrest without a warrant Ina non-cognizable case? 57 Q. 26. How long can the police keep an offender in custody by their own power and with the order of a Magistrate, when he has Bhon arrested without a warrant? 58 Q. 27. When is a private person empowered to make al St without a warrant? State what that person is required to sae making the arrest? te Q. 28. When may arrests be made by a Magistrate? 59 beenae Questions & Answers 7 CHAPTER 6 PROCESSES TO COMPEL ‘APPEARANCE (Ss. 68--93-C) Q. 29. What are different modes of production of an accused beforé a Court;- “60 or State briefly the steps that may be taken to compel a person to appear before Court? Q. 30. (1) When may a Court order attachment of the property of a person who has absconded? 67 (2) The accused after committing the murder at Quetta absconds and a few days later he is arrested at Karachi. * At What place or places X may be tried for offence ‘of murder? @.31.What is the difference between a Summons and a Warrant? 70, Q. 32. (1) When can.a Court issue warrant in cases in which it is empowered to issue a summons? 70 (2) Write short notes on:- ' (i) Bond for appearance, (ii) Bailable and non-bailable warrant. CHAPTER 7 PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS AND OTHER MOVABLE PROPERTY, ‘AND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED . [Ss. 94-105] : Q. 33. What is the law regarding processes to compel the production of documents and other movable property? 72 Q. 34. Under what circumstances can a Criminal Court issue a search warrant? Or, what are the ‘conditions precedent to the issue of 73 a search warrant? - Q.35. What are police to search a house? the cases in which a Magistrate may order the 74$ Code of Criminal Procedure Q. 36. Enumerate the provisions relating to search warrant for seizing forfeited publications. What is the procedure for getting such ae Order of forfeiture set aside? 75 Q. 37. State the provisions laid down in the C de relating to ‘Sgerch of persons wrongfully confined? 76 Q. 38. (1) Describe the procedure that must be followed when a search under the Criminal Procedure Code. 76 (2) What is the effect on the trial, if an irregularity is committed ) Hetonduct of search? *. @&.39. Under what circumstances a police officer can make Btep} without a warrant in a non- cognizable cases? 78 PART Vv i Prevention of Offences THAPTER 8 SECURITY FOR KEEPING OF PEACE AND FOR GOOD BEHAVIOUR (Ss. 106--126-A) Q. 40. Under what circumstances can a person be required to @ebute a bond: 79 (1) . for keeping the peace; and (2) for keeping good behaviour? Q.41. (1) Under what circumstances can a Court. while conv'eting an accused order him to furnish security for keeping the peace? 80 (2) Describe the procedure to be adopted by a Second Class Magistrate when he finds on hearing evidence in a case that the accused is.to be bound down under S. 106, Cr, P.C. to keep the peace. Q. 42..(1) Under what circumstances security for keeping the peace may be demanded otherwise than on conviction? .. (2) Enumerate the points of difference between Sections i and 107, Q. 43. Under what circumstances can Security for good behaviour be demanded by a Magistrate? What is the object of oh provisions? Q: 44. What is the procedure to be followed in a proceeding i taking security for peace or for maintaining good behaviour? Q. 45. Describe in brief the procedure relating to rejection 3 discharge of surety?Questions & Answers 8 R Q. 46. (1) What are the. circumstances: under which, a Magistrate may dispense with the personal appearance of the accused? 85 (2)What is the difference between period and_ sureties between: () Security for keeping the peace on conviction; (i) Security for keeping the peace in other cases; (ii) ‘Security for good behaviour in case of a suspicious character; (iv) Security for good behaviour in case of habitual offender? Q. 47. (1) Has the Court power to release a person imprisoned for failing to give securities? 87 (2) What is the period of imprisonment in default of furnishing _Security? Q. 48. On what grounds can the bonds for keeping the peace + for good behaviour-be cancelled? . 87 CHAPTER 9... t UNLAWFUL ASSEMBLIES (Ss. 127--132-A) Q. 49. (1) What are the powers of a Magistrate and a Police Officer in dispersing an Unlawful Assembly? 88 (2) Can prosecution against a Magistrate or Police Officer be “+ instituted in a Criminal, Court in any circumstances if he orders force | to be used? ee Q.50. When can a commissionéd military officer disperse an unlawful assembly without the orders of a Magistrate? 89 CHAPTER 10 : : “PUBLIC NUISANCES = \ (Ss. 133--143) i Q. 51. (1) Define public nuisance. Explain various aspects of the public nuisances? 90 (2).A owns a well adjoining on the public road. By whom and under what circumstances can an order be passed directing A'to Have’ the well fenced? State the procedure to be followed in such cases.a ; Aah ° Z? Code of Criminal Procedure : C can a Magistrate take on ae it stances here for theteme aa public nuisance? ‘What Magistrates are COMP’ a tO take such action? nstructing a chabutra Q..53, A makes an encroachment by cOnSIrICONE Cina ‘a Magistrate of the which are not of an urgent nature? Q.54, What is the procedure provided under the Crip Procedure Code for nuisance where the existence of public rots denied? CHAPTER 11 TEMPORARY ORDERS IN URGENT CASES OF NUISANCE OR APPREHENDED DANGER (S. 144) Q.55. Give a short account of the Zila Nazim for issuing temporary orders in urgent cases of nuisance or. apprehended danger, and state the circumstances under which such orders can be made? 94 CHAPTER 12 DISPUTES AS TO IMMOVABLE PROPERTY (Ss. 145--148) , Q. 56. How would a Magistrate deal with a situation when he finds that a dispute likely to cause a breach of the peace exists concerning certain land between two parties? 95 Or, what is the law in disputes about immovable Property? Or, ‘brielly discuss the provisions of the law dealing with Prevention of offences relating to disputes as to immovable Property? Q. 57. What is the procedure to be adopted in case of dispute Coricerning rights of user of immovable properly? 98 Q. 58. "Before acting under Section 145 of the Code, there must be likelihood of the breach of peace?" Comment. 98 Q. 59. Explain the terms ‘Preliminary Order’ and the ‘Final Order’? 99Questions & Answers . "1 CHAPTER 13 PREVENTIVE ACTION OF POLICE (Ss. 149-153) nits oy What are the provisions relating to Preventive Aout (2) B comes to know that A intends to shoot C the next day ina particular garden at 7 p.m. B thereupon informs the police about it. The following day A is arrested by a Police Officer in the same garden a few minttes before 7 p.m. and on being searched a fully loaded und in his possession. Is the acti ji i toga and justiied”? action of the Police Officer PART V Information to Police And their Powers to Investigate CHAPTER 14 ii INFORMATION AND INVESTIGATION (Ss. 154--176) Q. 61. What is F.1.R.? What are its important elements and what is its importance in criminal cases? 101 Q. 62. Explain the term First Information Report’ and what is its evidentiary value? 106 7 Q.63. 1s a first. information report. made -by the accused ‘admissible in evidence in any circumstance? If so, when? Discuss the law on the subject? 107 Q. 64. What are the duties of an officer-in-charge of a police station on receipt of information relating to a cognizable offence? Or state the procedure to be followed in cases where information of a : 10) ~* cognizable offence is given? 1B Q. 65. Distinguish F.1.R. from Complaint? 112 Q. 66. What steps shall an officer-in-charge of a police station take when he receives information of the commission of a non- cognizable offence? Can he under any circumstance investigate such 112 an offence?12 Code of Criminal Procedure Q. 67. Explain the law as laid down in the Code of Criminal Procedure regarding statements made to a police officer in the course of an investigation? ‘ 113 Q. 68. A sub-inspector of police, while holding investigation ina murder case, examines some prosecution witnesses, reduce their statements to writing and obtains the signatures on their statements; (1) Is the procedure correct? “(@)Can these statements be proved in support of the Prosecution case where the witnesses retract their statements and turn hostile to the prosecution? (3) Can the prosecution make any use of such statements in the trial of the accused? _ (4) Can an accused make any use of them in his trial? (6) When is the accused not entitled to make use of statements in his trial? Q. 69. A police officer during the Investigation of an offence obtains the. signature of certain witnesses to Statements made by them and reduced into writing in contravention of Section 162, Cr.P.C. Can the evidence of such witnesses given subsequently at the trial be rejected on that ground only? 116 Q. 70, (1) What do you understand by the term Confession? At what stage can such a confession be recorded? 117 (2) State fully the ‘condition which must -be fulfilled by a Magistrate in recording a confession in order to render it admissible in evidence. — - Q.71. A police officer arrested a person and produced him before a First Class Magistrate for recording his confession with handcuffs on. The Magistrate immediately proceeded to record his confession. The Police Officer put the question and the accused replied. At the end the Magistrate merely signed it and affixed the seal of the Court. Point out the defects, if any, in this case? 119 Q. 72. What do you mean by Retracted Confession? How far is a retracted confession good evidence: 119 (1) against an accused making it, and (2) against a co-accused? Q. 73. Can the non-compliance with the Provisions of Section 164 or Section 364, Cr.P.C. relating to confession be regularised and condoned? 120Questions & Answers 13 Q. 74. What formalities must be complied with in recording a dying declaration? Q. 75. (1) What is an Investigation Diary? Clearly state object of such diary? 121 (2) How a Magistrate may make use of Investigation Diary? What are the other uses to which such diary can be put in connection with a case under inquiry. Q.76.A Sub-Inspector of Police in course of holding an investigation in a murder case, examines some of the prosecution witnesses reduces their statements to writing and obtains their © signatures on such stater.ients:-- 123 (1) Is the procedure in the above case correct? (2) Can these statements be proved in support of the prosecution case where the witnesses retract their statements and turn hostile to the prosecution? (3) Can the prosecution make any use of such statements in the trial of the accused? : Q. 77. How shall an officer-in-charge of the police station act under the Code of Crimina! Procedure, when he receives information about an unnatural death within the limit of his Police Station? 124 Q. 78. (1) Describe in short. the procedure adopted by a police officer during the course of an Investigation proceeding? 125 (2) What do you understand by the term ‘Final report’? Q. 79. Describe in short the procedure to be adopted by A, an officer incharge of a police station when he receives an information that Y has been killed by a motor accident? 126 . Q.80. (1) A Magistrate observes in his judgment: "Some discrepancies in the statements of some witnesses examined In Court ‘have been pointed out from what they stated before the investigation officer, | have'gone through the case diary. These discrepancies are not material to facts-in-issue’. Is such use made by the Magistrate of the police diary a proper use according to I&w? 127 (2) A police officer enters into the case diary the statem i ents of witnesses obtained during the course of investigation after reducing them into writing under Section 162, Cr.P.C. Are such statements entitled to the same privilege under Section 172, Cr.P.C. when so recorded in the police diary?* ought to inquire into any offence? 14 Code of Criminal Procedure Q. 81. Write short notes on: 2 127 (1) Extra-judicial confession; (2) Approver; (3) Retracted confession; (4) Uses of Case Diary; (8) Police Report; (6) Charge-sheet. Proceedings in Prosecutions CHAPTER 15 JURISDICTION OF CRIMINAL COURTS IN INQUIRIES & TRIALS (Ss. 177--199-B) * Q. 82. State the rules laid down in the Cr.P. Code for the purpose of determining the place of inquiry or trial of an accused? 129 2 OR Every offence shall ordinarily be enquired into and tried by a Court within the local limits of whose jurisdiction it was committed.’ Are there any exceptions to the above rule? If so, state them. Q. 83. Where can the following be tried:— 132 (1) A resident of Lahore who steals a horse at Quetta which . . he sells at Karachi to a dishonest purchaser. } (2) Aresident of Lahore who commits a dacoity at Quetta and thereafter takes up his residence at Karachi. (3) A citizen of Pakistan commits an act in England which is not a criminal offence there but is one under the Pakistan Penal Code. Q. 84. (1) Who is to decide in case of doubt as to which Court 133 (2) Would the trial at a wrong place vitiate the proceedings? Q.85. Explain and illustrate "Taking Cognizance of an offence"? 133Questions & Answers 15 Q.86.What are the conditions requisite for institution of roceedings and what are the ways by which a Magistrate, Court of Sessions and High Court may take cognizance of an offence? * 134 Q. 87. The general rule Is that any person having knowledge of the commission of an offence may set the law in motion by filing a complaint. Are there any exceptions to the rule? 135 Q.88.What do you understand by the term "Sanction to prosecute"? Explain clearly the basic conception of the term? - 138 Q. 89.4 and B purchased a Flying Coach jointly on hire- purchase system. A major portion of the price of the coach was advanced as a loan by a financing company on the condition that the bus would remain the property of the financing company until all the instalments of the loan had been paid to the financing company. A and B took away the coach to Karachi and sold it to X by representing to him (X) that they were the owners of the bus. 138 (1) What offence, if any A and B committed? (2) Where will such offence be tried? CHAPTER 16 COMPLAINTS TO MAGISTRATES a [Ss. 200 -- 203] 90. What is the procedure a Magistrate should adopt on complaint? 139 -(1) When the examination of the complainant is not necessary? State briely the condition to be justified in order to justify a dismissal of complaints by a Magistrate under Section 203, Cr.P. Code. . 140 (2) What is the effect of the dismissal ‘of a complaint under Section 203. Cr.P.C.? Does it operate as a bar to the rehearing of a fresh complaint on the production of new facts? CHAPTER 17 + COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATE [Ss. 204--205] Q. 92. After receivir ing a complaint if the Magistrate is satisfied that there’ is sufficie i required to tskes Nt ground for proceeding, what steps is. he 14216 Code of Criminal Procedure CHAPTER 18 CHARGE (Ss. 221--240) Q. 93. What is a Charge? What is its Object? What particulars are required to be stated in the charge? 142 Q. 94. For every distinct offence of which any person is accused there shall be a separate charges and every such charge Shall be tried separately State the exceptions to this rule? 143 or Explain with detail joinder of charges. What are its exceptions? Q.95,What are the circumstances under which different Persons committing different offences may be tried together? 150 . Q. 96. Can a-person charged with one offence be convicted of another offence? If so, when? 150 .or What are the cases in which an accused Person may be convicted of an offence which Is not specific in the charge on which he has been tried? Q. 97. Write short notes on: (1) Same Transaction; and (2) Alibi, -Q. 98. Give examples of certain offences committed in the same transaction so as to be tried under one charge? 156 Q. 99. Give examples of certain offence: to be offences in the same transaction? 156 s which cannot be said 157 CHAPTER 19 TRIAL OF CASES BY MAGISTRATES (Ss. 241-250) Q. 100. Discuss in short the term ‘Trial’ in general. What are the essential points of difference between trial: Is of Criminal and Civil cases? : ioe sos?” What nity deseribe the procedure relating to the trial of CARS: is the“ con: f . complainant? sequence of non-appearance of. the 159Questions & Answers 7 CHAPTER 20 SUMMARY TRIALS (Ss. 260--265) Q. 102. What do you understand by the term summary trial? What offences may be tried summarily and by whom? ei 161 or What is procedure of summary trials. What offences are triable summarily Discuss with reference to the law on the subject? Q. 103. Give a brief narrative sketch of the general provisions relating to summary trials? 1 CHAPTER 21 GENEPAL PROVISIONS AS TO INQUIRIES AND TRIALS (Ss. 331-352) Q. 104. In what cases may a pardon be tendered to an accused person under the Criminal Procedure Code or state the provisions of law relating to tender of pardon to an accomplice and how can such pardon be forfeited? 169 Q. 105. State the procedure a Sessions Judge would adopt when the prisoner in the dock is either deaf or dumb? 171 Q. 106. When can an accused person be examined by the Court? What are the consequences of refusal by the accused to answer questions in such examination by the Court? Can oath be administered to the accused when he is so examined by the Court? , 17 Q. 107. What is a compoundable offence? What is the legal effect of a valid composition? State the difference between withdrawal of a case and composition of an offence? 172 Q.108. (1) What is the procedure to be followed when a Magistrate trying the case finds that he cannot pass adequate sentence? 173 (2) A Magistrate after holding a trial in part ceases to hold his and is succeeded by another Magistrate. What procedure will be followed in such a case?18 : Code of Criminal Procedure CHAPTER 22 MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS (Ss. 353--365) Q. 109. When can evidence be recorded. in a criminal case in the absence of an accused person? 174 Q. 110. Can the Court record any remarks while recording the evidence of a witness respecting his demeanour? if so, what is its object? 175 Q. 111. How is examination of an accused recorded? 175 CHAPTER 23 ~ JUDGMENT (Ss. 366--373) Q. 112. What are the Essential Particulars of a Judgment? Briefly explain the modo of delivering judgment? 176 Q. 113. Can a Criminal Court alter or revise its own judgment after it is signed and delivered? CHAPTER 24 SUBMISSION OF SENTENCES FOR CONFIRMATION (Ss. 374--380) i Q. 114. (1) What are the Powers of the High Court as a Court ¢ confirmation? 178 (2) A person is tried by jury for murder and is found guilty arc sentenced to death. He appeals to the High Court. The sentence “ death is sent for confirmation to the High Court by the Judge. The t. matters are heard together. If it is found by the High Court that ther< are misdirections by the Judge to the jury, can the High Court, unde: these circumstances confirm the sentence? CHAPTER 25 EXECUTION (Ss. 381--400) Q. 115. State briefly the provisions of the law relating to whipping? * 179 Q. 116. What is the procedure when it is considered desirable to confine a juvenile offender in a reformatory? 180 Q. 117. How the sentences are executed? 180Questions & Answers ‘ 19 CHAPTER 26 OF SUSPENSIONS, REMISSIONS AND COMMUTATIONS OF SENTENCES (Ss. 407 -- 402-C) Q.118 Explain the powers of the Provincial Government to suspend ‘emit and commute sentences? 181 CHAPTER 27 PREVIOUS ACQUITTALS OR CONVICTIONS (Section 403) Q._ 119. No body can be convicted twice. Discuss and illustrate?, 182 or . Write an explanatory note on the principle of autrefois acquit? or Discuss and explain the maxim. It is an estabjished rule of criminal aw a man may not be put twice in peril of the same otfence? PART VII Appeal, Reference and Revision CHAPTER 28 APPEALS (Ss. 404-431) Q. 120. What are the cases in which no appeal lies from the Judgment of the Court? State the exceptions, if any. 18 Q. w. Does appeal.tie against the order of acquittal? If so, to what Court? 188 Q.122. When can an appeal lie from.an order and to which Court? 189 Q. 123. When can an appeal be filed against a sentence and to which Court? 190cv: ¢ Code of Criminal Procedure Q. 124, What are the powers of an Appellate Court in disposing of an Appeal? Or, what are the powers of an Appellate Court while hearing an appeal from conviction and from acquittal Feapecneyi 31 Q. 125. (1) What Is the procedure laid down in the Criminal Procedure Code when judges composing the Court of appeal are equally divided in opinion? 192 (2) Can a criminal appeal abate? State the law on the subject. CHAPTER 29 REFERENCE AND REVISION (Ss. 432-442) \ Q. 126. What do you understand by the revisional jurisdiction of a Court? What are the powers of superintendence ot superior Courts? What are the special powers conferred on the High Court under its revisional jurisdiction? 193 Q.127.What is the difference between the Appellate Jurisdiction and the Revisional Jurisdiction of a High Court? 195 Q. 128. What are the powers of-- : 196 (1) -A Sessions Judge in revision of a conviction recorded bya Magistrate. ; (2) The High Court in appeals from conviction or acquittal recorded by Sessions Judge? Q. 129: Distinguish between Reference and Revision? 197 Q. 130. A was tried and acquitted on a charge of dacoity by a Magistrate of First Class. The Government feels that A has been wrongly acquitted? 197 Advise the Government to the steps to be taken in the above case. PART Vill Special Proceedings , CHAPTER 30 SPECIAL PROVISIONS RE! LATING TO CASES IN WHICH EUROPEAN AND PAKISTANI-BRIT!; CONCERNED re SURVECTS are. (Ss. 443--463) [Omitted by the Criminal Law (Extinction of Dis Act, 1949 (I! of 1950)] % © 198 ‘criminatory Privileges)Questions & Answers a4 CHAPTER 31 LUNATICS (Ss. 464--475) Q. 131. Describe the procedure that a Magistrate shall follow when an accused appears to be insane? 198 -Q. 132, State briefly the Procedure where the accused, though insane at the time of committing the offence but is sane at the time of his trial? 198 CHAPTER 32 PROCEEDINGS IN CASE OF OFFENCES AFFECTING - THE ADMINISTRATION OF JUSTICE (Ss. 476 to 487) Q. 133. State clearly the powers of the Court to proceed against a person giving false evidence at any stage of the judicial proceedings? 199 Q. 134. Describe the powers of Courts in general to proceed against a person for contempt of Court? 200 Q. 135. (1) Describe in brief the powers of a Court when it finds that a witness refuses to give evidence on oath before it in spite of the Court ordering him to do so. How should the Court proceed in such a case? » 201 (2) What is the remedy of witness in such a case if he is sentenced to pay a fine of Rs. 10 by the Court? Q. 136. A witness legally bound to appear before a Criminal Court does not so appear in obedience to the summons. What Proceedings can be taken against him? 201° CHAPTER 33 DIRECTIONS OF THE NATURE OF A HABEAS CORPUS (S. 491) Q. 137. What do you understand by the expression "habeas Corpus"? State ‘riefly the circumstances under which the High Court can make an order of the nature of a habeas corpus? 20222 Code of Criminal Procedure PART IX Supplementary Provisions CHAPTER 34 PUBLIC PROSECUTOR (Ss. 492-495) Q. 138. What is the effect of withdrawal by the Public Prosecutor from prosecution of any person charged with an offence when (a) such withdrawal has been made before a charge has been framed; and (b) when such withdrawal is made after a charge has been framed? - 204 CHAPTER 35 BAIL . (Ss. 496-502) Q. 139 (a) What is bail and when and in what circumstances and subject to what conditions if any, may it be granted? 204 Q. 140. In what cases and under What circumstances can the accused be released on bail? When can bail be granted in a non bailable offence? 210 Q. 141. Can bail be claimed as matter of right even in non: bailable offences before or after conviction? 212 Q. 142. What is bail before arrest? Under what circumstances it + can be allowed: CHAPTER 36 COMMISSIONS FOR EXAMINATION . OF WITNESSES (Ss. 503--508-A) Q. 143, Under what circumstances and in what mode can a commission issue for the examination of an absent witness? 216 CHAPTER 37 SPECIAL RULES OF EVIDENCE (Ss. 509--512) Q. 144. How may a previous conviction or acquittal of an accused be proved in a subsequent trial? 217Questions & Answers 23 CHAPTER 38 PROVISIONS AS TO BONDS (Ss. 513 to 516) Q. 145. What is the procedure to be followed on forfeiture of a bond? Q. 146. Describe the procedure provided in the Cr.P.C. where the surety either becomes insolvent or dies. Can a minor be required to execute a bond. if so, how? 218 CHAPTER 39 DISPOSAL OF PROPERTY (Ss. 516-A to 525) Q. 147: What is the law reiating to the disposal and custody of property regarding which an offence has been committed. State in this connection the law with regard to restoration of property found in the possession of person accused of its theft? 219 CHAPTER 40 TRANSFER OF CRIMINAL CASES (Ss. 526--528) Q. 148. What is the. procedure provided for moving an application before the High Court for the transfer of a case from a Criminal Court? Or can the High Court act suo moto or direct transfer on being moved by the lower Court? 220 Q. 149. When can the Supreme Court to transfer cases and Appeals? 222 CHAPTER 41 IRREGULAR PROCEEDINGS (Ss. 529-538) Q. 150. What are irregularities and illegalities. Discuss in detail with reference to law all those which vitiate the Proceedings and which do not vitiate the proceedings? 22224 Code of Criminal Procedure i f a Court of . 151. When finding, sentence or order o covtpatent needa shall be reversed or altered on the oround a an error or irregularity? Q, 152. When can the finding, sentence of order of a Court of Competent jurisdiction be reversed on the ground of an ever a irregularity? Q. 153. What is the effect of error, omission or irregularity 0 Summons or warrant proceedings? 22 CHAPTER 42 MISCELLANEOUS (Ss. 539 to 565) Q. 154. What are the powers of a Crit iminal Court to make local inspection? State the limitati ion, if any, to the exercise of such power? 227 Q. 155. When is a Magistrate disqualified from trying case? 227 Q. 156. What are the powers of the Court to Pay expenses or Compensation out of the fine imposed? 228 Q. 157. How and when the High Court Possesses jurisdiction to . quash Proceedings? ? 228 Q. 158. What do You understand by Inherent ers of the High Court? is ¢ re 229 Q. 159. "Courts must Possess inherent Powers, apart from the express provision of law which are necessary to their existence and the proper discharge of duties imposed “upon them ‘by law"? Comment. 230 Q. 160.’ What do you understand by the term "First Offender"? When car. Court release a convicted Ir offender on probation of good Conduct insteau: af Sentencing him to Punishments? Or, Explain the Procedure dealing with first offenders, 230 Q.-161. Have the Court powers to Tequire a convicted accused to notify his address? State the extent and limits of such Powers? 234_ , Code of Criminal Procedure, 1898 PART! Preliminary CHAPTER 1 (Ss. 1--5) Qt What is the Object of the Code of Criminal Procedure? In this connection discuss how far the Code of Criminal Procedure is adjective or procedural law? Ans. Object of the Code : The object of the Code of Criminal Procedure is to provide a machinery for the punishment of offenders against the substantive criminal law embodied in the Pakistan Penal Code. The Pakistan Penal Code defines the offences and provides for their punishment; the Code of Criminal Procedure, on the other hand, creates different grades of Courts, prescribes powers of such Courts to take cognizance of offences and deals with the several proceedings of the Courts at the various stages of the inquiry or trial. The main object of the Code of Criminal Procedure is thus to supplement the Pakistan Penal Code by rules of procedure with a view to preventing offences and bringing offenders to justice. Cr.P.C. would apply where a Special Act is silent on a particular matter unless procedure provided in Special Act is all-embracing. NLR 1980 Criminal 259. Code of Criminal Procedure being general law, same to be applicable to whole of Pakistan and to all Courts exercising jurisdiction under Code. Code, however. not to be applicable to any special or local law prescribing special procedure for trial or period of limitation. PLJ 1985 Lahore 67. . Provisions of Cr.P.C. applicable to offences under Islamic Law: Section 27, Prohibition (Enforcement of Hadd) Order, 1979 (P.0. No. 4 of 1979), Section 24, Offences Against_ Property (Enforcement ‘of Hudaod) Ordinance, 4979, and Section 17, Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 provide as follows:— (1) Unless otherwise expressly provided in this Order/ Ordinance the provisions of the Code of Criminal Procedure, 1898 ‘Act V of 1898), hereinafter referred to as the said Code, shall apply, ritatls ie in respect of cases under this Order/Ordinance: 25 1 1 I28 Questions & Answers Provided that. if it appears in evidence that the offender has committed a different offence under any other law, he may, if the Court is competent to try that offence and to award punishment therefor, be convicted and punished for that Offence. : Conjuctive reading of Ss. 1(2) and 5(2) teads to conclusion that if special or local law creates and also Provides procedure to deal with offences, procedure, so provided has to be observed and not Procedure as laid down in Cr.P.C. Where, however, exclusion of Provisions of Code are specified ina special or local law like Hudood Ordinance, provisions of Code which are not excluded (like S. 498) would obviously be applicable to cases registered under Hudood Ordinance. NLR 1981 Cr.LJ 35; PLD 1981 Lah. 83. Whether Adjective or Procedural Law : As pointed out above, the Code of Criminal Procedure not only provides a machinery for the Punishment of offences but also aims to prevent crimes. It formulates the duties of the police in investigating an offence and prescribes the mode in which arrests are to be made. It empowers a Magistrate or police officer to take assistance from the members of the public in Preventing the escape of an offender or in the prevention or Suppression of a breach of the peace. Since, however, an outsider unconnected with an offence may find himself involved in preventing crimes and’ prosecuting criminals, the Code of Criminal Procedure deals effectively with such contingencies. Ordinarily the Code does not affect— (1) any special law (S. 41, Penal Code); (2) any local law (S. 42, Penal Code); (8) any special jurisdiction of power; or (4) any special form of procedure. Certain ions of the i or tocal paw exp sons Tors Gode can be superseded by Special a thé provisions of the Code shall & apply to proceedings under the West Pakistan Criminal Law Provisions) Ordinance, 1968 because a k . Special procedure tagbos pected for such proceedings under that Ordinance. PLD = The Code divides such iregulaties into two classes: (1) tegularities which do not vitiate i Proceedings: (S. 529) e . ings; Which vitiate proceedings. (8.530)Code of Crimina/ Procedure 27 It also provides that no error, omission or irregularity in a trial shall vitiate a finding, sentence or order unless it has occasioned a failure of justice. (S. 537). The Code further preserves the inherent right of the High Court to make orders: (1) to give effect to any order,under the Code, or (2) to prevent abuse of the process of any Court, or (3) to secure the ends of justice . (8. 567-A) The Code of Criminal Procedure is mainly, though not purely, an adjective or procedural law, inasmuch as it contains in a large measure the body of rules whereby the machinery of the Court is set in motion for the punishment of offenders. Chapters XV to XXXII deal exclusively with the procedure applicable in trials, appeals, reference and revision. They deal with proceedings in prosecutions and lay down the place of inquiry or trial, the procedure which a Magistrate should follow when'a complaint is made to him, procedure in inquiries preparatory to commitment, mode. of recording evidence in inquiries and trials, mode of delivering judgment, ‘execution of sentences, etc. ‘But there are also certain provisions in the Code which are partly in the nature of substantive law. They are provided in Chapters Vill to XII, which deal with prevention of offences. Chapter XXXVI which creates a slatutory right for the maintenance of wives and children, and Chapter XXVII which prescribes power to issue directions of the nature of a habeas corpus. — _ i. Guiding principles of safe adrfiinistration of justice : For safe administration of Justice, Gourts to follow principles, namely:— () accused presumed to be innocent till proved guilty; @ prosecution to prove its case on strength of its own evidence; (i) accused being a favourite child of law given licence of telling lie, cannot be punished for his flaws or falsities and is felure to prove plea taken by him shall not strengthen prosecution case or absolve it from duty to prove case beyond shadow of doubt, and w in case of any doubt, not being an artificial doubt, accused, shall get tis bonefit as a matter of right. 1983 P.Cr. Li 172. @.2 Define offence and distinguish between (1) Baitable and NonBadable offence, (2) Cognizable and Non-Cognizable i made: punishable by any faw for the time being in force; it also includes any act in + fespect of which a complaint be made under Section 20 of the a a 18.4 (0) Cattle Trespass Act, 1881.LLU 28 Questions & Answers is wit finitic if the same term The definition is wider than the definition 0 Wd contained in S. 40 of the Pakistan Penal Code Wwhereunder tne psi a “offence” denotes a thing made punishable by the Pakistal Code. Neglect to maintain one’s wife and children is ma anor within the meaning of this sub-section, and a finding of a a rhe ordering a person to pay a certain amount of money aie maintenance of his wife and children does not, therefore, amout conviction for an offence. Similarly a person proceeded against under Secs. 107, 109 or 110 of Cr.P.C. is not an accused. The term "offence" includes a contempt of Court being an act punishable under the Contempt of Courts Act. But it does not include neglect to maintain one's wife and children for an order by a Magistrate to a certain person to pay a certain amount of money for their maintenance does not amount to his conviction. (1) Bailable and Non-Bailable Offence: "Bailable offence" means an offence shown as bailable in the Second Schedule, or which is made bailable by any other law for the time being in force; and "non-bailable offence” means any other offence. An accused person is admitted to bail when he is released from the custody of officers of the law on furnishing satisfactory sureties for his appearance in Court. Bailable offences are less serious than non- bailable offences. In bailable offences bail is granted as a matter of course either by the police officer-in-charge of the accused or the Court. Where a person who is arrested is not accused of a non-bailable offence, no needless impediments should be placed in the way of his being admitted to bail. In such cases the man is ordinarily: to be at liberty, and itis only if he is unable to furnish such moderate security, if any, as is required of him, as is suitable for the purpose of sectving Ne” appearance before a Court pending inquiry, that he should remain in detention. The section 1s imperative, and. under its provisions the Magistrate is bound to release the Person on bail or recognizance. The term “non-batlable offence does not imply that accused person cannot be releasea on bail under any‘circumstances. Section 497 of the Code gives the Count or a police officer unfettered discretion to grant bail in cases of -non-bailable offences, except where there appear reasonable grounds for believing that the accused Person is guilty of an offence. Punishable with death or imprisonment for life. But a person under the age of sixteen years or any woman or an\ sick infirm person may be released on bail even if the Ofte be r Punishable with imprisonment for life or with death. eneCode of Criminal Procedure 2g (2) Cognizable and Non-Cognizable Offence : “Cognizable Offence” means an offence for and “cognizable case” means a case in which a police officer may, in accordance with the Second Schedule or under any law for the time being in force, arrest without warrant. A *non-cognizable offence” means an offence for, and “non-cognizable case’ means a case in which a police officer may not arrest without warrant. ? The term “a policotficer’ used in the definition of a cognizable offence does not mean any police officer, but a police officer of a certain rank only, and the offence will nevertheless remain a cognizable offence if the offender can be arrested by certain police officers or a particular class of police officers only. The Second Schedule attached to the Code catalogues a list of offences in column 3 showing as to whether the police may arrest without a warrant or not. It appears from the list that cognizable offences are generally more serious offences, which are heavily punishable. In such cases the police have hardly any time or opportunity to obtain.a warrant of arrest from Court for the offence being serious the offender might escape by the time a warrant is obtained or temper with material evidence. The aggrieved party is again not left with the option of filing a complaint; it is the function of the police as the custodian of the welfare af the society to apprehend offenders in cognizable cases, to initiate proceedings and to prevent the commission of such offences. Examples of cognizable offences are murder, culpable homicide, dacoity, etc. Non-cognizable offence is a minor offence where the injury done for the society is comparatively small and as such the aggrieved party is expected to lodge a complaint before criminal proceedings are initiated. Causing simple hurt is thus a non-cognizable offence. The general rule that serious offences are cognizable while the minor offences are non-cognizable is, however, subject to the following exceptions: Serious offences like forgery under Section 467, P.P.C., or Procuring a miscarriage under Sections 312 to 314, P.P.C., are non- cognizable offences, the former because of the difficulty for the police in understanding the real significance of the offence on account of its extremely technical nature and the latter because of the undesirability of allowing the police to interfere in such matters on the ground of Public policy. , Then even some minor or light offences are made cognizable because of the grave consequences that might ensue if the mischief is not nipped in the bud by taking immediate steps. An instance of this ‘ype of cognizable offence is an unlawful assembly. | it OO l