S.

42:

Every person is required to help a magistrate or police officer when asked, specifically:

(a) In helping to arrest someone else who the magistrate or police officer is authorized

to arrest.

(b) In preventing or stopping a disturbance of the peace, or in preventing any harm from being
done to railway tracks, canals, telegraph lines, or public property. This obligation to assist
applies to all individuals.

S.43:

If a warrant (an official document giving permission to make an arrest or search) is given to
someone who is not a police officer, other people can also help with executing the warrant as
long as the person who the warrant is addressed to is nearby and involved in carrying out the
warrant. This makes it easier to complete the task.

Chapter 5: Arrest, escape and retaking

Introduction: Article 9 o.const.o.Pak No person shall be deprived of life or liberty save in

accordance with law, A.10A of constitution of Pakistan: Right to fair trial

In constitution of USA, fundamental rights are listed in Bill of Rights, where liberty is
fundamental right and rights related to arrest are granted to accused.

Miranda/Warning Rights: Following are rights of accused when arrested. These were discussed
in a case Miranda v Arizona.

a. Right to be silent, even if question is to be asked by police.

b. Right to counsel; State responsibility to provide lawyer to every accused.
c. Warning given to accused before asking questions if you give answers then it will be
considered as evidence in a court against you.

Whereas in our const, no above rights are provided to accused except right to fair trial and
right to counsel.

A: Arrest with warrants/ Cognizable offences

S.46. Arrest how made:

When making an arrest, a police officer or other person involved in the arrest must physically
touch or restrain the person being arrested, unless the person being arrested willingly goes
with them. If the person being arrested tries to resist or escape, the police officer or other
person can use all necessary force to make the arrest. This means that they can use as much
force as needed to complete the arrest, even if it involves using force.

Note: Police cannot kill anybody during arrest if no offence committed in which life
imprisonment or death penalty is not imposed but if a person is killed during arrest in which
punishment was life imprisonment or death penalty then that killing is justifiable. If accused
submit himself to police, then police are not allowed to use any kind of force or torture.
 2002 Custodian Torcher Act: In this, types of torcher are described by law.

Ex: There are many cases in which police has killed citizen and they had been sentenced by
court. Like A was going to Islamabad, on police request he didn’t stop they shot him later,
police were punished by court due to use of excessive powers.

S.47: Search of place entered by person sought to be arrested

If someone with a warrant to make an arrest or a police officer with the authority to arrest
believes that the person they are looking for is inside a private place, the person who lives
there or is in charge of that place must let the person with the warrant or police officer enter
and search the place when asked.

S.103 two private witnesses necessary when collecting any evidence from accused place, can
be from same local area.

Purpose: so that police cannot plant evidence on its own. They should provide all necessary
assistance during the search.

S.48 : Procedure where ingress not obtainable:

If access to a place cannot be obtained as required by Section 47, it is still legal for
someone acting under a warrant or a police officer to enter and search the place in
certain circumstances.

If a warrant cannot be obtained without giving the person being arrested a chance to escape, or

If access cannot be obtained after notifying the authorities and demanding entry, it is
permissible to break open any doors, windows, or other openings to gain entry, whether
they belong to the person being arrested or someone else.

Before entering any house police must inform accused to escape house or place and have
ladies police to arrest women if involved in a case.

If the place being searched is a woman's private living space, where it is customary for women
not to appear in public, the person or police officer making the search must inform the woman
living there that she is free to leave before entering. They should provide her with all necessary
assistance to leave if she wishes to do so. After giving this notice, they may then forcefully
enter the living space if necessary.

S.49 Power to break open doors and windows for purposes of liberation:

Any police officer or authorized person making an arrest has the power to break open any outer
or inner door or window of a house or place if they or someone else they are arresting has
been lawfully detained inside and cannot leave. This is allowed for the purpose of liberating
themselves or the detained person. If ladies in home present, then they must be ladies-police
to arrest them because decency rules must be followed by police as it is our custom from many
years.

S.50: No unnecessary restraint:

Police is not allowed to torture person they have in custody unless necessary if he or she is
 trying to escape.

Acc to police order 2002, if police torture accused during custody can be punished upto 7-Y.
2002 Custodian torture act created to prevent torture.

S.51: Search of arrested persons:

When police arrest any person, they search him and get his belongings in their custody and
jailed him and shift his important articles to safe place. Because after release of person, they
have to return.

S.103 two private witnesses necessary when collecting any evidence from accused place, can
be from same local area. Police witnesses are excluded here they are not acceptable.

Purpose: so that police cannot plant evidence on its own. They should provide all necessary
assistance during the search.

Section 103 is not applicable in Control of Narcotics Substances Act. Because, CNSA is Special
law and special law always prevail to general law.

S.52 Mode of searching women:

Does search of women is possible? Yes, but whenever woman is being search it must be in
presence of another woman either she is lady police officer or not. Without presence of lady
search of woman is restricted to maintain decency.

S.53

When a person is being arrested and he holds offensive weapons then police officer or any
person making arrest has authority to take such kind of weapons in order to avoid any
assault and produce before the court.

B: Arrest without warrant/Non-Cognizable offence

S.54: Police arrest without warrants

This question is mostly asked in exams.

1.If the person has been involved in a cognizable offense or there is a reasonable suspicion,
complaint, or information about their involvement.

2. If the person is found in possession of burglary tools without a valid explanation.

3. If the person has been proclaimed as an offender under this code or by the provincial
government like house-breaking offence mentioned in 441 and 442 in PPC.

4. If stolen property is found in their possession and there is a reasonable suspicion of

involvement in the crime.

5. If the person obstructs a police officer while they are carrying out their duties or has
escaped or attempted to escape from legal custody. 184

6. If the person is reasonably suspected of being a deserter from the armed forces of Pakistan.
 7. If the person is reasonably suspected of being involved in a crime committed outside
Pakistan that would be punishable as an offense in Pakistan.
Extradition: Extradition is the removal of a person (typically referred to as a fugitive) from a
requested jurisdiction to another jurisdiction for criminal prosecution or punishment. Ratified
by every country.

8. Section 565(c): If the person is a released convict who has violated the rules set out in Section 565(c).

In clause (c), it is written any person or group of people who had committed offences many
times if shifts from one district to another then he must inform police if not can be arrest.

9. If a request for arrest has been received from another police officer, and the request
specifies the person to be arrested, the offense or cause for arrest, and it is clear that the
person can be lawfully arrested without a warrant by the officer who issued the request.

S.55 Arrest of vagabonds, habitual robbers, etc.:

1. If there are reasons to believe that a person is hiding and intends to commit a cognizable

offense. 2. If a person does not have a clear source of income or cannot explain their

presence.

3. If the person has a reputation as a habitual criminal, such as a robber, house-breaker, thief,
or receiver of stolen property who knows it is stolen, or a habitual extortionist who puts or
attempts to put people in fear of injury in order to commit extortion.

Any person who does like one wheeling of bike so cld vagabonds, or habitual robbers can be
arrested without warrants.

S.107:

S.56: Procedure when police officer deputes subordinate to arrest without warrant

In simpler terms, when a police officer asks a lower-ranking officer to make an arrest without a
warrant for someone who can be legally arrested without a warrant, they need to give a
written order with the person's name and the reason for the arrest. The lower-ranking officer
must inform the person being arrested of the details in the order and show it to them if
requested. This process ensures that the arrest is done legally and with proper authority.

S.57: . Refusal to give name and residence:

If a person commits or is accused of committing a non-cognizable offense in the presence of a

police officer and refuses to provide their name and address or gives false information, the
police officer can arrest them to determine their true identity.

After their identity is established, they must sign a bond to appear before a magistrate if
required. If the person's true identity cannot be determined within 24 hours or they fail to sign
the bond or provide sufficient sureties, they will be handed over to the nearest magistrate with
jurisdiction.

Additionally, if the person is not a resident of Pakistan, the bond must be secured by a surety or
sureties who are residents of Pakistan.

S.58: Pursuit of offenders into other jurisdiction:

A police officer is allowed to chase and arrest a person without a warrant in any part of
Pakistan. This applies to situations where the person being pursued is being arrested for a
crime. This provision allows
police officers to pursue offenders across jurisdictional boundaries to ensure that they are
brought to justice.

S.59: Arrest by private persons and procedure on such arrest:

Any private person can arrest someone who they believe has committed a serious crime (non-
bailable and cognizable offense) or is a wanted criminal (proclaimed offender) without
unnecessary delay and hand them over to a police officer or take them to the nearest police
station. If there is reason to suspect that the person falls under the provisions of Section 54
(mental disorder), a police officer can re arrest them.

Ex: A enters B house to steal car. While house trespassing, B caught A. B has authority to
capture and arrest A.

S.60: Person arrested to be taken before Magistrate or officer incharge of police

station S.61: Persons arrested not to be detained more than twenty-four hours

Person arrested must be produced before Magistrate within twenty-four hours, time is
counted from when a person is arrested.

Relevant provisions;

Section 81; same as above

Article 10 of Constitution of Pakistan;

S.62: Police to report apprehensions:

When police apprehend any person they have to inform their senior officer promptly like

ZilaNazim. S.63: Discharge of person apprehended:

Can magistrate conduct trial of murder case or not? No

Can Magistrate release person from murder case? No

Relevant provisions

S.167:

FIR not allowed in NC offences bit suppose registered then do not get bail, although get 1-day
remand, otherwise powers of s.63 are exempted. If bail granted, then remand ended here.
When remand ended then Magistrate can cancel any case by following HC rules and orders 1
volume 3 chapter 11 part D magistrate can cancel any criminal case when remand is executed.

S.561A: U/s 561A FIR is quashed by HC. If case not cancelled then magistrate frame charge,
After this did recording of evidences, Magistrate can acquit any person u/s 249A before framing
of charge or after record of evidences u/s 245. Double jeopardy only applies in acquit, it means
person cannot be trialed in same offence again. After acquitted from case, not in release or
discharge,

Magistrate entitled to get congnizance of every offence even of murder cases committed in his
territory. During remand magistrates can discharge any person even accused of murder case,
but not after
remand. When person is arrested u/s169 police must release him if not produce before
magistrate within 24-Hrs. Arrest and retaking of person same process applies.

Section;173

S.64: Offence committed in Magistrate's presence:

Any Magistrate can arrest any person committing offence in his presence within his

jurisdiction. S.65: Arrest by or in presence of Magistrate:

Magistrate can direct arrest of any person committing offence in his presence within his

jurisdiction 66. Power, on escape, to pursue and retake:

If someone who is supposed to be in legal custody manages to escape or is rescued, the person
responsible for keeping them in custody can immediately go after them and arrest them
anywhere in Pakistan.

Relevant Judgments to Arrest, escape and retaking:

1. Judgment: 1997 MLD 1463

Decision: Search for second time is over doing.

2. Judgment: PLD 2018 SC 518 (Sughera Bibi Case):

Decision: Second FIR is not allowed, and second principle was that when arresting person
what should be safeguards or checks.
Chapter: Summon

Definition: Summon is first step to bring up accused in court for any matter.

S.68: Every summons issued by a Court under this Code shall be in writing in duplicate, signed
and sealed by the presiding officer of such Court or by such other officer as the High Court may,
from time to time, by rule, direct.

Original form of summon is handed over to person who is being summon whereas duplicate
copy of it is submitted to court after filling by a public officer who has delivered it along with
signature. Public officer here makes a statement that I successfully handed over to person.
Then this record is keep in court as a evidence.

69. Summons how served:

The summons shall, if practicable, be served personally on the person summoned, by

 delivering or tendering to him one of the duplicates of the summons. (2) Every person on
whom a summon is to be served shall sign a receipt thereof on the back of the other
duplicate.

70. Service when person summoned cannot be found: If accused is not present at home than
any male adult who is sane and major can receive summon letter on accused behalf. Then
deposited in court again after signature of public officer.

Exception: a. child is excluded from here

b. Servant of accused also cannot receive summon as he is not family member of accused.

71. Procedure when service cannot be effected as before provided: If there is no any person
available in home then summon letter should be affixed to conspicuous part of accused
home.

72. Service on servant of, State or of Railway Company:

73. Service of summons outside local limits: When a Court desires that a summons issued by it
shall be served at any place outside the local limits of its jurisdiction, it shall ordinarily send
such summons in duplicate to a Magistrate within the local limits of whose jurisdiction the
person summoned resides or is to be there served.

74. Proof of service in such cases and when serving officer not present:

Proof of summon:

a. Signed copy of duplicate summon letter by public officer who has delivered letter to
accused. b. Affidavit of serving officer with his signature.
c. Duplicated copy of summon submitted to court by public officer.
d. Statement of serving public officer recorded by court as a evidence.

Schedule-5, F-2:

It tells reasons to compel person to appear in a court on issuing summon letter to him.
Warrant of Arrest:

Definition of warrant: a warrant is a written order issued by a judicial or other authorized

official that gives law enforcement the authority to perform a certain act, such as searching a
property, seizing evidence, or arresting a person.

Two Types of warrant:

Bailable warrant: If accused after issuing summon to him is not appearing before court then
bailable warrant is issued by court against him. Court requires surety bond from accused
deposited in account of court.

Nonbailable warrant: court do not require surety bond and directly issue warrants bcz
escaping of accused chances are more. Finally it is court discretory to issue what type of
warrant.
75. Form of warrant of arrest: shall be in writing,

signed by the presiding officer, or

in the case of a Bench of Magistrates, by any member of such Bench and

shall bear the seal of the Court.

Continuance of warrant of arrest: Every such warrant shall remain in force until cancelled by
the Court which issued it, or until it is executed.

76. Court may direct security to be taken: Any Court issuing a warrant for the arrest of any
person may in its discretion direct by endorsement on the warrant that, if such person
executes a a bond with sufficient sureties for his attendance before the court at a specified
time and thereafter, until otherwise directed by the Court, the officer to the warrant is
directed shall take such security and shall release such person from custody.

(2) The endorsement shall state-- (a) the number of sureties. (b) the amount in which they and
the person for whose arrest the warrant is issued, are to be respectively bound; and (c) the
time at which he is to attend before the Court. (3) Recognizance to be forwarded: Whenever
security is taken under this section the officer to whom the warrant is directed shall forward
the bond to the Court.

77. Warrants to whom directed: (1) A warrant of arrest shall ordinarily be directed to one or
more police-officers, but any Court issuing such a warrant may, if its immediate execution is
necessary and, no .police-officer is immediately available, direct it to any other person or
persons, and such person or persons shall execute the same.

(2) Warrants to several persons: When a warrant is directed to more officers or persons than
one, it may be executed by all, or by any one or more, of them.

78. Warrant may be directed to landholders, etc.: (1) A [Magistrate of the First Class] may
direct a warrant to any landholder, farmer or manager of land within the district or sub-
division for the arrest of any escaped convict, proclaimed offender or person who has been
accused of a non-bailable offence, and who has eluded pursuit. (2) Such landholder farmer or
manager shall acknowledge in writing the
receipt of the warrant, and shall execute it if the person for whose arrest it was issued is in, or
enters on, his land or farm of the land under his charge. (3) When the person against whom
such warrant is issued is arrested, he shall be made over with the warrant to the nearest police-
officer, who shall cause him to be taken before a Magistrate having Jurisdiction in the case,
unless security is taken under Section 76. Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001

79. Warrant directed to police officer: A warrant directed to any police officer may also be
executed by any other police officer whose name is endorsed upon the warrant by the officer
to whom it is directed or endorsed.

80. Notification of substance of warrant: The police officer or other person executing a warrant
of arrest shall notify the substance thereof to the person to be arrested, and if so required,
shall show him the warrant.
81. Person arrested to be brought before Court without delay: The police officer or other
person executing a warrant of arrest shall (subject to the provisions of Section 76 as to
security) without unnecessary, delay bring the person arrested before the Court before
which he is required by law to produce such person.

82. Where warrant may be executed: A warrant of arrest may be executed at any place in
Pakistan. [Explanation : In this section, "warrant of arrest" includes a warrant of arrest issued
under this Code as in force in Azad Jammu and Kashmir] Explan. added by Code of Criminal
Procedure (Amendment) Act. Vlll of 1993.

83. Warrant forwarded for execution outside jurisdiction: (1) When a warrant is to be executed
outside the local limits of the jurisdiction of the Court issuing the same such Court may, instead
of directing such warrant to a police-officer, forward the same by post or otherwise to any
Magistrate or District Superintendent of Police within the local limits of whose jurisdiction it is
to be executed. (2) The Magistrate or District Superintendent to whom such warrant is so
forwarded shall endorse his name thereon and, if practicable, cause it to be executed in
manner hereinbefore provided within the local limits of his jurisdiction.

84. Warrant directed to police-officer for execution outside jurisdiction:

This legal section outlines the procedure for executing a warrant issued by a court when the
intended action is beyond the court's jurisdiction. In such cases, a police officer with the warrant
must seek endorsement from a local magistrate or a police officer in the jurisdiction where the
warrant is to be executed. This endorsement serves as authority for the police officer to carry
out the warrant within those limits, with the option for local police assistance if needed.
However, if obtaining endorsement would cause significant delays, the police officer can
execute the warrant without it, but still within the jurisdiction specified by the court.

Exception: can arrest person immediately without taking endorsement from

Magistrate bcz ,can abscond.

85. Procedure on arrest of person against whom warrant issued: When a warrant of arrest is
executed outside the district in which it was issued, the person arrested shall, unless the Court
which issued the
warrant is within twenty mites of the place of arrest or is nearer than the Magistrate or
District Superintendent of Police within the focal limits of whose jurisdiction the arrest was
made, or unless security is taken under Section 76, be taken before such Magistrate or
District Superintendent.

Transit Remand;

Definition: Transitremand refers to a legal authorization granted by a court to detain a person

temporarily while they are in transit from one jurisdiction to another. This typically occurs
when a person is being transported from one place to another for legal proceedings, such as
extradition or transfer between prisons.

Ex: A has committed offence in Islamabad, the High Court of Islambad has issued warrant
against accused A. A has absconded to Lahore city. HC of isb directs high court of Lahore to
arrest A accused. Lahore police has arrested A and produce before Judge of Hight court.

Where to produce A acussed now in Isb court or Lahore?

Ans: If the distance is 20 miles from isb to where A was arrested then A will be produced isb
court but if the distance is more than 20 miles then A will be produced to Lahore court firstly
from which jurisdiction A was arrested. Lahore court will not initiate proceeding of accused A
but sent to isb court from where warrant was issued. Here Lahore court issues transit remand
of A.

86. Procedure by Magistrate before whom person arrested is brought:

This legal section outlines the procedure to be followed by a Magistrate or District

Superintendent when a person arrested is brought before them. If the arrested person appears
to be the one intended by the court warrant, the Magistrate or District Superintendent directs
their removal in custody to that court. If the offense is bailable and the person is ready to give
bail, the Magistrate or District Superintendent may take the bail and forward it to the court
that issued the warrant. If the offense is non-bailable or if no direction has been endorsed on
the warrant, the Sessions Judge in the relevant sessions division may, for valid reasons, release
the person on interim bail with specified conditions, directing them to appear before the court
that issued the warrant by a certain date and forwarding the bond to that court. The section
also clarifies that it does not prevent a police officer from taking security under Section 76.

C.—Proclamation and Attachment

Introduction: after all taking necessary measures against accused to compel him to appear in
court, if still avoids to appear then proclamation of his property.

87. Proclamation for person absconding: (1) If any Court is satisfied after taking evidence that
any person against whom a warrant has been issued by it has absconded or is concealing
himself so that such warrant cannot be executed, such Court may publish a written
proclamation requiring him to appear at a specified place and at a specified time not less
than thirty days from the date of publishing such proclamation.

The proclamation shall be published as follows: (a) it shall be publicly read in some
conspicuous place of the town or village in which such person ordinarily resides ;
(b) it shall be affixed to some conspicuous part of the house or homestead in which such
person ordinarily resides or to some conspicuous place of such town or village; and

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

(3) A statement in writing by the Court issuing the proclamation to the "effect that the
proclamation was duly published on a specified day shall be conclusive evidence that the
requirements of this section have been complied with and that the proclamation was published
on such day.

88. Attachment of property of person absconding:

 This legal section deals with the court's authority to order the attachment of property
belonging to a person who is proclaimed as a fugitive. The court can order the attachment of
movable or immovable property, and the order applies within the district where it's issued. If
the property is outside that district, the court needs the endorsement of the Sessions Judge
in that area. The methods of attachment depend on the nature of the property, such as
seizure, appointment of a receiver, or issuing orders to prohibit certain actions.

If the property is a debt or movable, the court can appoint a receiver or issue orders to
restrict the delivery of the property. If it's immovable, the attachment can be through the
District Officer (Revenue), taking possession, appointing a receiver, or issuing orders to
prohibit rent payments or property delivery. The court may order the immediate sale of
perishable property, with the proceeds held by the court.

Any claims or objections to the attachment can be made within six months, and the court will
inquire into them. If disallowed, the person can file a lawsuit within a year. If the proclaimed
person appears within the specified time, the court can release the attached property. If not,
the property remains with the government but can be sold after six months, unless it's
perishable or the court deems an earlier sale beneficial.

89. Restoration of attached property: If within two years from the date of the attachment, any
person, whose property is or has been at the disposal of Provincial Government, under sub-
section (7) of Section 88 appears voluntarily or is apprehended and brought before the Court by
whose order the property was attached; or the Court to which such Court is subordinate, and
proves to the satisfaction of such Court that he did not abscond or conceal himself for the
purpose of avoiding, execution of the warrant and that he had not such notice of the
proclamation as to enable him to attend within the time specified therein, such property or, if
the same has been sold, the net proceeds of the sale, or, if part only thereof has been sold, the
net proceeds of the sale and the residue of the property, shall after satisfying there out all costs
incurred in consequence of the attachment, be delivered to him.

Relevant Judgment:

2003 YLR 1915

Decision: Nature of absconder: either absconder is known about summon, attachment of property.
90. Issue of warrant in lieu of, or in addition to summons: A Court may, in any case in
which it is empowered by this Code to issue a summons for the appearance of any person
other than a juror or assessor, issue, after recording its reasons in writing, a warrant for his
arrest—

(a) if, either before the issue, of such summons, or after the issue of the same but before the
time fixed for his appearance, the court can issue arrest warrant against accused before issuing
summon if thinks fit.

reasons: reasons must be given for justification

a. he has absconded; or
 b. will not obey the summons; or

clause b) it at such time he fails to appear and the summons is proved to have been duly
served in time to admit of his appearing in accordance therewith and no reasonable excuse is
offered for such failure. Then court can issue warrants against accused.

91. Power to take bond for appearance: When any person for whose appearance or arrest the
officer presiding in any Court is empowered to issue a summons or warrant, is present in such
Court, such officer may require such person to execute a bond, with or without sureties, for
his appearance in such Court so that he makes sure to appear in a court on next hearing.

Relevant section:
Section 200 to 203C are related to complaint.

204: any person can file private complaint; after filing of private complain, the cursory
statement of complainant is recorded.

In complaint no one is declared as accused, if FIR registered against person then he is called as
accused. First of all, court initiates inquiry against person to ensure whether person is guilty or
not, when order to process is issued by competent authority then a person becomes accused in
a complaint.

Relevant case to S.90 and 92

PLD 2006 LHR 227
The main principle of the above judgment is that Sections 91 and 204 of the Criminal Procedure
Code (Cr.P.C.) are not restricted in their application to cases instituted on a private complaint
under Section 200 of the Cr.P.C. The judgment emphasizes that these provisions are general in
nature and are applicable to any person for whose appearance or arrest a court is empowered
to issue a summons or warrant. Specifically, Section 91 of the Cr.P.C. allows the presiding officer
of a court, who is competent to issue summons or warrants for the presence of an accused
person, to require such person to execute bonds when present in court.

In the case discussed in the judgment, the petitioner had filed an application under Section
497(5) of the Cr.P.C. seeking the cancellation of bail for the respondents. The respondents were
accused in a case where an FIR had been registered, and their names were placed in Column No.
2 of the challan. The Additional Sessions Judge summoned the respondents and directed them
to submit bail bonds. The petitioner contended that bail for non-bailable offenses should be
considered under Section 497 of the Cr.P.C., rather than Section 91. However, the court held
that the provisions of Section 91 are not limited to private complaint cases and are applicable to
cases based on an FIR as well.
The bail granted to the accused was not canceled, and the impugned order was upheld.
Sections 91 and 204 of the Cr.P.C. to cases initiated based on an FIR, and the court rejected the argument that
these provisions are limited to cases instituted on a private complaint under Section 200 of the Cr.P.C.

92. Arrest by breach of bond for appearance: When any person who is bound by any bond
taken under this Code to appear before a Court does not so appear, the officer presiding in
such Court may issue a warrant directing that such person be arrested and produced before
him.

A—Summons to produce
94 to 99 Court summon to produce documents, witnesses, or things relevant to case during trial.

94. Summons to produce document or other thing:

This legal section empowers a court or a police-station officer to request the production of
documents or other items for the purpose of an investigation, inquiry, trial, or legal
proceedings.

If a person is asked to produce a document or item, they can comply by causing the document
or item to be produced instead of attending in person. This section doesn't override certain
provisions of the Evidence Act, 1872, related to privileged communication, and it doesn't
apply to certain items in the custody of Postal or Telegraph Authorities, such as letters,
postcards, telegrams, or parcels.

Exception: In cases of banks:

No officer can demand the production of items in the custody of a bank without specific
permissions. Permission is required from a Sessions Judge for certain offenses under the
Pakistan Penal Code, and for other cases, written permission from the High Court is
necessary.

Because, bankers book evidence act 1891; it protects the record or anything which is in
possession of bank or banking officer.

Magistrate, or District Superintendent of Police wanted for any such purpose he may require
the Postal or Telegraph Department, as the case may be, to cause search to be made for and
to detain such document, parcel or thing pending the orders of any such Court.

B. —Search-warrants

96. When search warrant may be issued: This legal section grants a court the authority to issue
a search warrant under certain circumstances. If the court believes that a person who received
a summons, order, or requisition to produce a document or item will not comply, or if the
document or item is not known to be in anyone's possession, or if a general search is deemed
necessary for the purposes of an inquiry, trial, or legal proceedings, the court can issue a search
warrant. The person named in the warrant is then authorized to conduct the search or
inspection according to the terms of the warrant.

Note that a provision mentioned in the original text has been omitted by an ordinance in 2001.
97. Power to restrict warrant: The Court may, if it thinks fit, specify in the warrant the particular
place or part thereof to which only the search or inspection shall extend; and the person
charged with the execution of such warrant shall then search or inspect only that place or part
so specified.

Ex: can be a room of a person only.

Relevant section:

S.165: it is related to search warrant, like search by police officer like IO, he or she must
provide reasonable grounds for search. Search conducted without warrants of the court.

Reason: Because if any delay in search then evidence can be evicted/faded.

IO cannot conduct search himself. Then IO directs subordinated officer to conduct the
search.

Exception: This section also protects banks. Permission of Sessions Judge is mandatory here.

S.100. Search for persons wrongfully confined:

First class Magistrate can issue search warrants for recovering of person wrongfully confined.

Exception: Legally confined persons are exempted here. Like remand of accused.
Relevant sections
Article 199 of 1973 constitution:

S.491(b): Power to issue directions of nature of habeaus corpus, that if a person is illegally or
improperly detained in public or private custody set to be free. This power is only provided to
the high court.

Define illegal custody: persons who are arrested by police but they are not registered in
record of police like after 15 days police registers FIR.

When illegal detention is proved?

Answer; U/A 156 and 157 of Police Rule 1934, FIR is registered against police.

Improper: first legally arrested, but custody is improper like torture, it is prohibited in ICCPR
(International Covenant on Civil and Political Rights ., 1966. Bcz torture is non-derogatory rights.
Cannot be suspended even in emergency cases.

Convention against torture, 1984

Article 5: it defines the torture, torture can be mentally or physically.

What is difference btw torture and violence?

Torture is always by a person or authority who belongs to the state.

Whereas, in violence no state is involved such as domestic violence. In this private person is
involved. i.e; husband beat wife.
Nelson Mandela Rules: these are related to the prisoners.

Custodial Torture Act, 2002: In Pakistan first time torture word is defined in this act.

Custody of minor:

Major; defined in s.3 of Majority Act, anyone who is above 18-Y.

Custody preferential right is of mother, minor boy 7-Y, and minor girl till puberty or 16-Y. S.17
of GWA; court deals with welfare o child.

S.25; application to be filed for custody of minor in court for permanently or final order of
custody.

S.12; interim custody application is filed for custody of minor.

What happens when minor custody is removed from mother?

Remedy; S.491B application can be filed in a court by aggrieved party.

Amendments in 2002
clause 1A added in this High court empowers Sessions Court to exercise powers of section 491
clause A and B.
Relevant Judgments:

PLD 1999 KAR 134: Court may record evidence of witnesses but it is not mandatory.

PLD 2008 LHR 479: u/s 491; proceedings are summary in nature and only questions related to
detention are raised before court. Questions related to the relationship cannot be determined
here. For them applicant can visit family courts.

2000 PCRLJ 1685; order u.s 491 will be interim/ temporary and final adjudication of custody
will be of family courts under Guardian and Ward Act.

Related to Costs:

a. 1997 PCRLJ 508: if illegal detention by police is proved then court award general and
special costs like 3k.
b. PLD 1999 KHI 134: cost was awarded in it too and compensated.
c. 2000 PCRLJ 913: court awarded 10k costs to police when illegally detained in jail.
Related to marriage;
a. PLD 2008 LHR 479 AND PLD 2004 SC 219; Sui Juris can validly enter marriage.
b. 1991 PCRLJ 2372: Father opinion in custody of his minor child is questioned by court/police,
Fathers custody of minor was declared as illegal.
c. 1991 PCRLJ 878: contra judgment, if custody of minor by father is bonafide means fear that
mother would take away minor to abroad then in that case custody of minor by father is not
illegal.
d. 2005 YLR 1614; welfare of child includes his/her social status, educational background,
health and emotional suitability.
Section.552:
 S. 102: Persons incharge of closed place to allow search:

This section outlines the procedures when a place is subject to search or inspection. If the place
is closed, the person in charge must allow the executing officer, upon demand and
presentation of the warrant, to enter and conduct the search. If access is denied, the officer
can follow the procedures outlined in Section 48. Additionally, if there is reasonable suspicion
that a person in or around the place is concealing an item subject to search, that person can be
searched, with specific procedures to be followed if the person is a woman according to the
directions of Section 52.

Section: 103: This section outlines the procedures for conducting a search under
certain legal circumstances:

1. Before conducting a search, the officer or person authorized to do so must call upon two
or more respectable inhabitants of the local area where the search will take place to
witness the search. The officer may issue a written order to them. Two eye/direct
witnesses needed at least.

2. The search must be conducted a) in the presence of these witnesses, and b) a list of all
seized items along with their respective locations must be prepared c) and signed by the
witnesses. Witnesses are not required to attend court unless specifically summoned.
These are called as recovery witnesses, RW mostly are taken from eye witnesses to avoid
contradiction/difference.

3. The occupant of the searched place or a designated representative must be allowed to

attend the search, and a copy of the list signed by the witnesses should be provided to them
upon request.

4. In cases where a person is searched under Section 102, sub-section (3), a list of all seized
items must be prepared, and a copy should be provided to the person upon request.

5. Any person who unreasonably refuses or neglects to attend and witness a search when ordered
to do so may be considered to have committed an offence under Section 187 of the Pakistan Penal
Code, IF sb refuse to become a witness, action can be taken against him by police.

Ex; pistol recovered, witnesses of it are more important.

Statements by complainant are recorded u/s 161 crpc, map is created and recovery memo is
prepared by police and signed by witnesses.

S160: in challan, column is 6, where witness’s names and their addresses are mentioned.

Narcotic cases: in these kind of cases two witnesses are also required to testify. Before 1997
application of 103 being applied even in narcotic cases. In narcotics police witnesses are the
best because in these cases private witnesses didn’t find. Police witnesses are not considered as
perfect in private complaints such as murder cases. Bcz it will undermine whole case.

Art,40 of QSO Discovery of fact?

Recovery should be on pointation of accused person and it must be leaded by accused. Leading
questions are asked in cross-examination.

Joint Recovery: in criminal law joint recovery is inadmissible.

Relevant Judgment:

PLJ 2009 PESHAWER 4095:

2005 YLR 621: when weapons are collected from a person and no one is ready to become
witness then here 103 applications are relaxed and police can become witness.

Nature of proceeding

S.106: Security for keeping the peace on conviction:

If someone is found guilty of a crime other than certain serious offenses in Pakistan such as
offences against army, state and public tranquility as defined in PPC, or if they are accused of
causing trouble or intimidating others, the court can make them sign a peace bond as part of
their punishment. This bond requires them to promise to behave peacefully for a certain
amount of time, usually up to three years. The amount they have to pay for the bond will
depend on how much money they have. If the conviction is later overturned, the bond will no
longer be in effect. This rule applies not just when the person is sentenced, but also if an appeals
court or a court with the power to review cases decides to make this order.

Condition: before issuing the surety bond, the Magistrate of first class should check velocity
and information related to the accused.

A.19 of ICCPR:

For the protection of national security or of public order

(ordre public), or of public health or morals.

A.20: Any propaganda for war shall be prohibited by law and

Any advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence
shall be prohibited by law.
S.109:
If a judge learns that someone is hiding in their area and might be planning to commit
a crime, or if they come across someone who seems to have no way to support
themselves, the judge can ask that person to explain why they shouldn't have to
promise to behave well for a certain amount of time, up to three years. This is called
a peace bond. The person will need to provide some people who will promise to
make sure the person keeps their promise. This is called a surety. The judge will
decide how long the peace bond lasts.
Relevant section
S.57
From Section 107 to 110 these are related to maintain peace and police can arrest any
person who is suspected to commit an offence.
S.112

If a judge asks someone to explain why they shouldn't have to promise to behave well, the judge
will create a written document that explains why they are asking for this, how much money the
person has to pay for the promise, how long the promise lasts, and who the person needs to
find to make sure they keep their promise. This document is called an order.

Note: before issuance of show cause notice to person inquiry of relevant person is conducted
u/s 117, inquiry includes such as statements of witnesses, previous record of offender like may
be habitual offender record holder is checked.

S.117: This section describes the process after an order is issued under Section 112. When the
order is read or explained to a person in court or when someone appears based on a summons
or warrant, the magistrate must inquire into the truth of the information and gather necessary
evidence.

Here are the key points:

1. **Inquiry Process:** The magistrate conducts an inquiry, following procedures similar to a

trial but without framing any charges.

2. **Preventive Measures:** If the magistrate believes immediate action is needed to prevent a

breach of peace, disturbance, or commission of an offense, they can direct the person to
execute a bond for good behavior. The person may be detained until the bond is executed or
until the inquiry concludes.

3. **Conditions for Directing Bond:** The magistrate must have written reasons for directing a
person to execute a bond. However, certain conditions apply:

- A person not facing proceedings under Section 108, Section 109, or Section 110 cannot be
directed to execute a bond for good behavior.

- The conditions of the bond must not be more burdensome than those specified in the
original order under Section 112.

4. **Proof of Habitual Offender:** The section allows proof of a person being an habitual
offender or dangerously desperate through evidence of general repute or other means.

5. **Group Inquiry:** If two or more persons are associated in the matter under inquiry, the
magistrate can decide to conduct the inquiry together or separately based on what is deemed
fair and just.
S.116:

Let’s suppose accused continuously appearing in proceedings but suddenly accused didn’t
appear in court due to personal reasons then the Magistrate has authority to dispense his
attendance and let his pleader appear before the court u/s 116.

Relevant sections:

S.205:

This section allows a magistrate to decide whether the personal attendance of the accused is
necessary or not. When a summons is issued, the magistrate, if there are sufficient reasons, can
allow the accused to be represented by a legal representative (pleader) instead of requiring
their physical presence.

However, during the inquiry or trial, the magistrate has the discretion to order the personal
attendance of the accused at any stage. If needed, the magistrate can enforce such attendance
using methods specified earlier in the law. This provision provides flexibility for the magistrate
to determine when the accused should be present during legal proceedings.

S.353:

This section states that, unless explicitly stated otherwise, all evidence collected during legal
proceedings (covered under Chapters XX, XXI, XXII, and XXII-A) must be obtained in the presence
of the accused. If the accused is allowed to be represented by a legal representative (pleader)
and their personal attendance is not required, then the evidence can be taken in the presence of
the pleader.

S.376:

This section gives the High Court certain powers when a case is submitted to it under Section
374. The High Court can:

(a) Confirm the sentence that was given in the lower court, or impose a different sentence
allowed by law.

(b) Annul the conviction (declare the accused not guilty) and convict the person of a different
offense that the Sessions Court could have decided, or order a new trial with the same or
changed charges.

(c) Acquit the accused person, meaning they are declared not guilty.

However, the High Court cannot confirm any order until the time for filing an appeal has passed,
or if an appeal is filed within that time, until the appeal is resolved. This ensures that the
accused has the opportunity to challenge the decision.

S540A: during trial

This section allows a judge or magistrate, during an inquiry or trial involving multiple accused
individuals, to proceed without the physical presence of one or more accused if they are
satisfied, for documented reasons, that the absentees are unable to remain in court. If the
absent accused is represented by a lawyer, the judge can allow the proceedings to continue.
However, the personal attendance of the absent accused can be required at a later stage.
If the accused is not represented by a lawyer or if the judge believes their presence is necessary,
the judge can choose to either adjourn the proceedings, or, with recorded reasons, separate the
trial of that accused from the others. This allows for flexibility in handling cases involving
multiple accused individuals based on their circumstances.

Relevant Judgment:

PLD 2004 SC 160

If grounds are not rational means accused willingly avoiding appear in court, then his attendance
is not dispensed by the Judge.

Question can be asked from this chapter.

S.118:

if there is an inquiry into someone's behavior, and it's found necessary to maintain peace or
good behavior, a magistrate can order that person to sign a bond (a legal promise) with or
without guarantors (sureties). There are three important conditions:

1. The order cannot require a different type of security, a larger amount, or a longer period than
initially specified.

2. The bond amount should be fair and not excessively high, considering the circumstances.

3. If the person being investigated is a minor, only their guarantors can sign the bond on their
behalf.

S.119:
If, on an inquiry under Section 117, it is not proved that it is necessary for keeping the peace or
maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry
is made, should execute a bond the Magistrate shall make an entry on the record to that effect,
and if such person is in custody, only for the purpose of the inquiry, shall release him, or, if such
person is not in custody, shall discharge him.

S.122:

This section outlines the power of a Magistrate to reject or refuse to accept a surety offered in
the context of bonds. Here is a summary:

. **Authority to Reject Sureties:** A Magistrate has the authority to reject any surety offered or
previously accepted if they believe the surety is unsuitable for the bond.

2. **Inquiry into Fitness:** Before rejecting or refusing a surety, the Magistrate must conduct
an inquiry, either personally or through a subordinate Magistrate. This inquiry is held under oath
to determine the fitness of the surety.

3. **Notice to Surety:** The Magistrate must give reasonable notice to both the surety and the
person who offered the surety before conducting the inquiry.

4. **Recording Evidence:** The Magistrate, during the inquiry, records the substance of the
evidence presented.

5. **Order of Rejection:** If, after considering the evidence and any report from a subordinate
Magistrate, the Magistrate is satisfied that the surety is unfit for the bond, they make an order
refusing or rejecting the surety. The Magistrate also records the reasons for this decision.

6. **Summons or Warrants:** Before rejecting a surety previously accepted, the Magistrate

must issue summons or warrants to ensure the person for whom the surety is bound appears
before the court.

Procedure to disperse unlawful assembly from sections deals from 127 to 132

S.127:

This provision empowers a police station officer to order the dispersal of any unlawful assembly
or a gathering of five or more people that may disturb public peace. Upon receiving such a
command, it becomes the obligation of the assembly members to disperse promptly.

Ppc relevant sections related to unlawful assembly:

In Balochistan executive Magistrate is allowed to disperse unlawful assembly to maintain the

peace.

S.128:

This provision allows an officer in charge of a police station, when an assembly refuses to
disperse despite a command or displays a clear intention not to disperse, to use civil force to
disperse the assembly. The officer can seek assistance from any male civilian (not a member of
the Armed Forces) to help disperse the assembly, make arrests, confinement according to law if
necessary and take actions to maintain public order.

Preventive detention is conducted according to Maintenance of peace ordinance, as the

procedure of it is not mentioned in crpc. Can detain for 90-D.

It explicitly states that the use of firearms for dispersal is restricted to the specific directions of a
police officer of at least the rank of Assistant Superintendent or Deputy Superintendent (both
grade is same), emphasizing caution in the use of lethal force.

In Balochistan, District administrative officer or Assistant District Administrative officer give

orders for use of firearms for dispersal of unlawful assembly.

S.129:

This provision states that if an assembly, resistant to other means of dispersal, poses a threat to
public security or maintenance of peace, the highest-ranking police officer present (not below
the rank of Assistant Superintendent or Deputy Superintendent of Police) has the authority to
call upon the armed forces to disperse the assembly. This underscores the use of military force
as a last resort when other methods prove ineffective in maintaining public order.

In Balochistan District administrative officer or Assistant District Administrative officer has

authority to call upon the armed forces to disperse the assembly.

S.130:

This provision outlines the procedure when a police officer of the highest rank, not below an
Assistant Superintendent or Deputy Superintendent, decides to disperse an assembly using the
armed forces. The officer can request a commanding officer of the armed forces to execute the
dispersal, arrest individuals as directed by the Magistrate or police officer, and confine them as
necessary for maintaining public order or enforcing the law. The commanding officer must
comply with the requisition, using minimal force and causing minimal harm to individuals and
property while dispersing the assembly and making arrests.

S.131:

This provision grants authority to any commissioned officer of the Pakistan Army to disperse an
assembly using military force when public security is significantly threatened and
communication with a high-ranking police officer is not possible. The military officer has the
power to arrest and confine individuals within the assembly to restore public order or ensure
legal consequences. However, if it becomes feasible to communicate with a police officer of at
least the rank of Assistant Superintendent or Deputy Superintendent during the military action,
the military officer must do so and subsequently follow the instructions of the police officer
regarding the continuation or cessation of the dispersal action.

S.131A:

This provision grants the Provincial Government the authority, with prior approval from the
Federal Government, to request assistance from the armed forces or civil armed forces to
maintain public security, protect life and property, and uphold law and order. The designated
officer of the armed forces can exercise specific powers listed in various sections, excluding
those of a Magistrate. The officer must comply with the requisition or direction, using force as
necessary. Additionally, the officer is expected to adhere to the restrictions and conditions
outlined in the Code when exercising the specified powers for rendering assistance.

S.132:

This provision offers protection against prosecution for individuals involved in acts carried out
under the specified chapter. Prosecution can only occur with the sanction of the Provincial
Government. The protection extends to:

(a) Police officers acting in good faith under the relevant chapter.

(b) Officers acting in good faith under Section 131.

(c) Individuals acting in good faith, complying with requisitions under Sections 128, 130, or 131-
A.

(d) Inferior officers, soldiers, sailors, or airmen in the armed forces acting in obedience to orders
they were obligated to follow.

No offense is deemed committed by these individuals in these circumstances. However, for

officers or individuals in the armed forces, prosecution can only be initiated with the sanction of
the Federal Government.

S.133:

Introduction:

The word nuisance has been derived from the old French word nuire which means to cause
harm, or to hurt, or to annoy. Nuisance means an obstruction risk or injury to life, health,
 comfort or convenience of human existence.

Types of nuisance

Private nuisance: is an act that causes annoyance or disturbance to an individual or individuals.

Public nuisance: is a public wrong that interferes with the right of all general public.

S. 133 crpc, Procedure for the removal of public nuisance:

The provided section outlines the authority granted to a Magistrate of the First Class( District
Mag, Sub-divisional Mag, Executive Mag) to issue conditional orders for the removal of
obstructions or nuisances. The Magistrate can take such action based on a police report,
information received, or evidence deemed relevant. The conditions for issuing such orders
include situations where obstruction or nuisance affects public ways, rivers, channels, public
places, or poses health risks to the community. The conditions that may lead to a conditional
order include issues related to trade, occupation, goods, buildings, substances, trees, tanks,
wells, excavations, or dangerous animals. The Magistrate can require the responsible party to
address the problem within a specified time frame. Failure to comply may result in legal
consequences. The affected party has the option to object and seek a modification or set-aside
of the order by appearing before a designated Magistrate.

Importantly, any order made by a Magistrate under this section is not subject to challenge in
Civil Court. The explanation clarifies that "public place" encompasses state property, camping
grounds, and unoccupied grounds designated for sanitary or recreational purposes.

Other relevant sections:

S.268 PPC: defines public nuisance

S.290 PPC: punishment of public nuisance is provided in this section.

S.91 CPC: civil remedy against public nuisance is provided.

Relevant judgments:

Suresh Prakash v. Krishna Swaroop 1976: Proceedings u/s 133 are independent of civil
proceedings. It need not to be dropped bcz civil suit could have been filed or has been filed for
the same relief. Proceedings u/s 133 are competent even during the pendency of civil suit.

Ajeet Mehta vs the State of Rajasthan

fodder was determined to constitute contamination of the atmosphere and, thus, a public
nuisance on a particular plot in a residential colony. The order to remove this nuisance was held valid, and the
respondents were told to perform no food business on the land.

2. Corbet vs Sonaula
Parking buses on private lands, obstructing the private route, a private road, and Khatal constructed on private

property near a public road which creates disadvantages and effects on sanitation, are not covered by section

133 CrPC. (Because these are private properties)

3. Nagarjuna Paper Mills vs SDM & Ors

It was noticed by the High Court of Andhra Pradesh that the power to close a factory creating pollution had

been removed by the Water Act, 1974, from the power of the Sub-Divisional Magistrate.

4. Ram Avatar vs the State of UP

Auction of the vegetables in the town’s private house and the parking of vegetable carts on the public roads

outside the building must necessarily cause some discomfort to the public and also to the people in the town.

But it doesn’t justify action under section 133 of CrPC.

5. Nurjan, 1900 PR2

Prostitutes who continue their business in order and silence can’t be interfered with until they become an

annoyance by asking passers-by.

S.134:

The order, ideally served like a summons, must be given to the concerned person. If direct
service is not possible, the order will be publicly announced according to government rules, and
a copy will be posted at suitable locations to inform the individual involved.

S.135

The individual subject to the order must either comply with the specified action within the given
timeframe or appear as directed. They have the option to either provide a valid reason for non-
compliance or request the Magistrate to appoint a jury to assess the reasonableness and
appropriateness of the order.

S.136:

If the individual fails to comply with the order, appear, show cause, or request a jury, they will
be subject to the penalty specified in Section 188 of the Pakistan Penal Code. Additionally, the
order will be enforced without further consideration.

S.137:

If the individual appears to contest the order, the Magistrate will gather evidence following the
procedures outlined in Chapter XX. If the Magistrate finds the cause presented to be valid and
the order not reasonable and proper, no additional action will be taken. However, if the
Magistrate is not convinced, the order will be enforced.

S.138:

Upon receiving an application under Section 135 to appoint a jury, the Magistrate will promptly:

1. Appoint a jury with an uneven number, not less than five members. The foreman and half of
the members are nominated by the Magistrate, and the remaining members are chosen by the
applicant.

2. Summon the foreman and members to appear at a designated place and time set by the
Magistrate.

3. Specify a deadline for the jury to return their verdict.

If necessary, the Magistrate may extend the time limit for a valid reason.

S.139:

If the jury, or a majority of its members, determines that the Magistrate's order is reasonable
and proper, either as initially issued or with modifications accepted by the Magistrate, the order
becomes absolute. In cases where the jury does not support the Magistrate's order, no
additional actions will be taken under this Chapter.

S.139A

When an order under Section 133 is issued to prevent public obstruction, nuisance, or danger in
the use of a way, river, channel, or place, the Magistrate, upon the appearance of the person
against whom the order is made, questions whether they deny any public right related to the
specified area. If a denial is made, the Magistrate must conduct an inquiry.

If reliable evidence supports the denial, proceedings are halted until a competent Civil Court
decides on the existence of the right. If no evidence is found, the Magistrate proceeds under
Section 137 or Section 138. A person failing to deny the public right or failing to provide
evidence during the initial questioning cannot later make such a denial in subsequent
proceedings. Additionally, any jury appointed under Section 138 is barred from inquiring into
the existence of the public right in this context.

S.140:

When an order is made absolute under Section 136, Section 137, or Section 139:

1. The Magistrate notifies the person against whom the order was issued, instructing them to
perform the directed act within a specified time. Disobedience may lead to penalties under
Section 188 of the Pakistan Penal Code.

2. If the act is not completed within the given time, the Magistrate has the authority to ensure
its performance and recover costs. This can be done by selling property removed by the order or
by distress and sale of movable property belonging to the person, even outside the Magistrate's
jurisdiction. If the property is outside the jurisdiction, its attachment and sale are authorized
when endorsed by the Magistrate within their jurisdiction.
3. Legal immunity is provided, and no lawsuit can be filed for actions taken in good faith under
this section.

S.141:

If the person requesting a jury fails to arrange for its appointment, or if the appointed jury does
not provide a verdict within the set time (or an extension granted by the Magistrate), the
Magistrate can make any necessary order. This order will be enforced according to the
provisions outlined in Section 140.

S.142:

If a Magistrate, while issuing an order under Section 133, believes that immediate action is
necessary to prevent serious harm or danger to the public, they can issue an injunction to the
person against whom the order was issued. This injunction aims to address the imminent danger
or injury while the matter is being determined. If the person does not promptly obey the
injunction, the Magistrate can take necessary measures to prevent the danger or injury.
Importantly, no legal action can be taken against the Magistrate for actions taken in good faith
under this section.

S.143:

A Magistrate of the First Class has the authority to issue an order preventing an individual from
repeating or continuing a public nuisance, as defined in the Pakistan Penal Code or any
special/local law.

S.144:

In urgent cases of nuisance or potential danger, the Zila Nazim (District Mayor) can issue
immediate orders, based on the recommendation of the District Superintendent of Police or
Executive District Officer. The order, served as per Section 134, directs individuals to refrain
from certain acts or take specific actions with their property to prevent obstruction, annoyance,
injury, or risks to public safety. The order can be issued ex parte in emergencies.

The Zila Nazim can address specific individuals or the public frequenting a particular place. He
has the authority to rescind or modify orders, either on his own initiative or in response to an
aggrieved person's application. If an application is rejected, the Zila Nazim must provide written
reasons.

Orders under this section are valid for a maximum of two consecutive days (not exceeding seven
days in a month), unless the Provincial Government directs otherwise in cases of danger to
human life, health, safety, or the likelihood of a riot. In districts without local government
elections or where the Zila Nazim has not taken office, the District Coordination Officer assumes
the relevant responsibilities. This provision ceases when local governments are established in
such districts.

Local elections have not been held so, no zila nazim is there. Therefore, DC performs the duties
and have all powers.

Relevant Judgments:

RAMILA MAIDAN CASE

Orders u/s 144 are prohibitive and not merely restrictive. Supreme Court criticized the govt for
using Section 144 against a sleeping crowd in Ramlila Maidan.

Dr Ram Manohar Lohiya case 1967: The Supreme Court held that "no (democracy can exist if
‘public order' is freely allowed to be disturbed by a section of the citizens"

S.149: Police to prevent cognizable offences:

Every police officer may interpose for the purpose of preventing, and shall, to the best of his
ability, prevent the commission of any cognizable offence.

S.150:

The word cognizance means the commencement of the trial.

This statement essentially mandates that any police officer who becomes aware of plans or
information about the intention to commit a recognizable (cognizable) offense must promptly
share that information with their immediate superior and any other officer responsible for
preventing or addressing such offenses. The aim is to ensure timely communication and
appropriate action to prevent or address tential criminal activities.

Session court has not been given direct cognizance bcz they are made to do speedy trial.
Whereas Magistrate can do direct cognizance bca Magistrate is assigned this duty to make all
documents ready and promptly send to Session court for the speedy trial.

S.151:

Without commission of offence and no warrant, police can arrest any person u.s 151.

Relevant section

107:

S.154:

In simple terms, if someone tells a police officer about a crime that can be immediately
investigated (cognizable offense), the officer must write down the information. Whether the
person provides the details orally or in writing, the officer or someone directed by the officer
will put it into writing. Afterward, the officer will read it to the person who gave the information,
and that person will sign it. The main points of the information will also be recorded in a special
book according to the rules set by the government. This ensures a proper record is maintained
for further action.

FIR is the substantive piece of evidence. It is immediately registered soon after the offence to
avoid the fabrication of offence. Any relevant police officer is dully bound to lodge FIR bcz delay
in FIR tantamounts to dismissal of case.

Any person can write FIR if directed by SHO. Register 19 is of FIR.

If the offence is cognizable then after FIR, police can arrest person without warrants.

Relevant Judgments

2008 MLD 1158:

2007 PCRLJ 1939

Police cannot initiate investigation related to the incident before the registration of the FIR. Bcz
FIR is necessary for investigation.

S.155

1. **Recording Information in Non-Cognizable Cases:** If someone informs the police about a

non-cognizable offense within a police station's jurisdiction, the officer in charge must record
the essential details in a designated book. Subsequently, the officer will report this information
to the Magistrate.

2. **Investigation into Non-Cognizable Cases:** No police officer is allowed to investigate a non-

cognizable case without the explicit order of a First or Second Class Magistrate who has the
authority to try such cases or send them for trial to a Court of Session.

3. **Police Officer's Powers with Magistrate's Order:** If a police officer receives the
magistrate's order for investigation into a non-cognizable case, they are granted specific powers
for the investigation, excluding the authority to make an arrest without a warrant. These powers
are similar to those exercised by an officer in charge of a police station in cognizable cases.

S.156

1. **Investigation of Cognizable Cases by Police Officers:** The officer in charge of a police

station has the authority to investigate any cognizable case within their station's jurisdiction
without needing an order from a Magistrate. This applies to cases that a local court in that area
would have the power to inquire into or try under Chapter XV of the law related to the place of
inquiry or trial.

2. **Non-Questioning of Police Proceedings:** No objection can be raised at any stage of the

police officer's proceedings in such cases on the grounds that the officer did not have the
authority to investigate under this section.

3. **Magistrate's Empowerment for Investigation:** A Magistrate, authorized under Section

190, also has the power to order an investigation into a cognizable case as described above.

4. **Exception for Specific Offenses:** There is a specific exception mentioned, stating that no
police officer shall investigate an offense under Section 497 or Section 498 of the Pakistan Penal
Code unless a complaint is made by the husband of the woman involved or, in his absence, by
someone who had the care of the woman on his behalf at the time of the offense.

Relevant sections:

S.173:

Magistrate receives report from police of complaint, etc.

If the case is of 302 PPC, Magistrate send case to sessions court.

If the case is of 392 PPC, then Magistrate of first class can late cognizance.

Relevant judgment

2003 YLR 550

Magistrate can order to register FIR even in complainant cases, but this must be done in case he
has not taken cognizance us 190 of crpc.
S.157:

Prior to the registration of case fir there is possibility of investigation. But in Pak, there is no
concept of prior investigation before the registration of case. Means if police are suspicious
before registration of first you cannot initiate investigation. Report to Mag of 1st class, goes to
scene, did discovery of facts, can arrest.

Police can dispense investigation in some cases such as non-serious cases investigation can be
suspended. Police will investigate serious offences such as murder cases.

If police thinks fit that there is no any ground for investigation then police has also authority to
suspend investigation.

Importance of Fir/introduction

It is not a substantive piece of evidence but a corroborative and relevant under articles
21,22,23, 25, 49, and 50 of QSO 1984. Like tells motive such as love marriage or family disputes.
It is used for corroborative and contradiction. According to article 140 of QSO, a witness can be
cross examined by previous statements made by him in writing It is only registered in cognizable
cases in register no 19. Fir must be registered earlier if delayed benefit goes to accused. It may
be registered by various mode of communications such as telephonic.

Fir is not necessary in non-cognizable offences bcz in NC offences NC/Qalandra is registered. Fir
is only registered by police, means by SHO or anyone person who is assigned by SHO to write
down information being provided by informant.

If while patrolling of police, sb kills someone, police arrives on scene, then here private
complaint is registered by police by informant then police visit relevant police station and
register fir same as written in istakhasa, SHO must write in fir the whole scene from beginning to
end. The name of police officer who wrote istakhasa on scene is also witness and his name also
mentioned in fir.

While case proceeding police maintain reocord date wise and record hearings in fir, police
maintain case diary[ in urdu cld as zimni] u/s 172.

Two types of zimni/ case diary

1. Beruni: record maintained by police officer in police station.

Eg: statements of witnesses u/s 161 article 40 of qso, medical reports like forensic reports.

1. Andruni: statements or record maintained by police officer outside of police station.

Who can lodge fir?

1. Any citizen who comes to know about commission of cognizable offence.

2. Victim himself.

3. Police

What is procedure of filing FIR?

Private complaint can be registered u/s 200 of Fir is not being registered on request of victim. If
yet not registered then file a petition u/s 22A 22B JOP.
Jurisdiction:

If area is not confirmed in which jurisdiction it comes then both SHOs of two different areas note
down case and make a case diary until determination of jurisdiction by higer officers such as
dsp, asp, ssp according to police rule 6 of PR 1934. If jurisdiction of officer A confirmed then
officer B make a report and provide all details of case to officer A whose jurisdiction is
determined.

Well two fir concept eradicated, if fir registered in two areas/police stations and area is
undetermined then what to do?

Ans: if jurisdiction is determined by higher officer lets suppose o jurisdiction is of A police officer
then fir registered by B police officer is cancelled.

Cross version: second fir not allowed if first fir is already registered. But you can write down
statements of second party in case diary.

Relevant judgments:

Pld 2018 SC 595: Sughera bibi case;

3 types of cases in this judgment

1. 3 members judges bench

In this, judges agreed that second fir and multiple firs can be lodged. Bcz there’s no any
restriction provided in crpc regarding it. After it, many cases came in which second fir barred like
in fighting cases different information provided by different peoples.

2. 5- member full member judgment:

Second fir not allowed.

3. Procedure of arrest and detention kis also discussed in this judgment.

Delay in registering fir in cases such as child abuse or female abuse is allowed by SC In which
honour matter comes. Bcz families does not want to register fir in these cases due to honour but
it must be explained in fir why it was delayed.

Evidentiary value of fir:

It is not substantially piece of evidence, used as corroborative.

It is not equal to supplementary statement / tartimya bayan. Firstly, victim doesn’t know about
offender later on comes to know who is culprit then he records statement u.s 161.

Must provide source of information, how did you come to know about thief? Like cctv person
was recognised by victim.

S. 160:

S.161: there is no any evidentiary value of those provision. Contradiction or corroboration with
previous statement. Suppose witness A appears in court, then his previous statement already
available u.s 161, according to that statement witness record his testimony.

If not record, then first chief examined then cross examination by defense counsel. If
contradiction comes in cross-examination, then counsel of complaint wants to corroboration
btw 161 statement and witness testimony.

If corroboration proved, then prosecutors case stronger.

If contradiction proved, then defendants case become stronger and accused benefited.

Record provided in court is not exhibited but made a part of record of court.

Let’s suppose 3 witnesses testimony recorded by police, in trial prosecutor only write two
witnesses testimony, then third witness is given up and has no any evidentiary value further.

162:

Court can form its opinion.

163:

no inducement, promise or threat made by police to any person during investigation.

Relevant section article 37 of qso.

164: during course of investigation, statements and confessions are recorded by Mag class I and
II. Not recorded during trial or after framing charge bcz of reasons.

Reasons:

1. Threat to witnesses

2. Witnesses can be absconded abroad.

Eg: Marriage cases.

If inquiry and trial has been commenced by Magistrate, then statements and confessions must
be recorded during inquiry only.

Clause 1A: opportunity is given to accused to cross-examine witnesses but it is not

recommended in practices bcz witnesses must be cross-examined at once in a single day to
avoid contradiction in statements.

Who will record?

Any magistrate can record

E.g: let’s suppose fir registered in karachi, witnesses available in Larkana due to threat to their
lives then in that case any magistrate can record their statements or confessions.

Relevant judgments

2013 SCMR 203: any mag can record statements kr confessions. But if rape cases then female
magistrate is mandatory to record statements.

Plj 2022 lah 302:

Any magistrate can record confession or statements.

Can we record 164 statements or confession before registration of FIR?

Ans: statements cannot be recorded prior to registration of FIR. After registration it can be
recorded. When not sure fir is registered, then private complaint is registered. Cursory
statement is recorded by Magistrate u.s 200 when threat to life of sb.

Manner of recording evidence:

From section 353 to 365.

Evidence is not recorded in question form but in narrative form.

If magistrate recording statement, then he must write it himself but if magistrate is absent then
he can give reasons and stenos can write on his behalf.

But if sessions judge or additional sessions judge recording statement this steno can write.

Complainant counsel must record 161 statement if not then contradiction comes or witnesses
sometimes forget due to long period of cases.

PLD 1953 Lahore 2044/ 2002 YLR 397

Decision: Who can give applications of 164?

1. Accused both male and female can give application of 164 to record their statements or
confessions. E.g: husband and wife conflict.

2. Police

3. aggrieved person

4. Witnesses

5. Complainant

Confession: it should be also recorded during investigation if accused wants to confess it. After
framing charge and during trial accused is also asked to confess offence.

Manner of confession is provided in 364 crpc.

S.364: It’s different from recording statement. It is recorded word to word in question and
answer form. It can be judicial confession and extrajudicial confession is not allowed.

Confession should be recorded in court language, if accused doesn’t understand court language
then interpreter or translator is provided to him/her for recording confession.

Whole statement must be recorded. Then Magistrate and accused both sign on memorandum.

What things memorandum certificate includes?

Memorandum contains as mentioned in 164 clause 3;

Name of accused, confession if made used as evidence, confession voluntarily made, taken in
presence of Magistrate, read loudly before accused and admitted by him, if didn’t accept any
statement then corrected, contain full statement made by accused and signature of both
accused and Magistrate.
364: examination

Maxim: Audi alterum means no one should be unheard.

When trial and charge is conlcuded, after prosecution evidences provided then then accused is
cross-examined that what do you know about this incident. Fact is recovered from you.
Questions are asked from accused. This is cld statement of 342 section.

If plaintiffs counsel miss any question from the discovery of fact on pointation of accused then
that recovery is not considered in final judgment.

In 342 same procedure of 364 is followed in recording statement.

Judgments

2009 SCMR 736

Principle: if statement is taken as piece of evidence then whole statement should be taken any
part of evidence is not allowed to be taken as piece of evidence.

2021 SCMR 873

Principle: while recording confession of accused his handcuffs must be opened and police are
escorted from court room in order to provide safe environment to accused, and no threat or
inducement to accused. Before taking confession accused is allowed to relax and think about
whatever he is going to confess. Sometimes, counsels are also ordered to leave court room.

2022 PCRLJ 1126

Principle: confession is taken from accused on oath.

High court rules, chapter 13, volume 3:

It is categorically written in that every Magistrate can record confession of accused.

165:

No need of warrants of search in case of emergency cases but this section doesn’t empower
fully police to search even private places without their permission. This section is mostly
misused by authorities and it is condemned by judges many times.

167: Procedure when investigation cannot be completed in twenty-four hours

It’s very important as for as the investigation is concerned for the prosecutor and defense as
well. Public prosecutor tries to get physical remand for the sake of investigation when public
prosecutor doesn’t complete investigation within 24 hrs. Relevant IO writes an application
through and forward it through public prosecutor to get physical remand of accused. It is not
mentioned in crpc that through public prosecutor application would be forwarded but in other
laws it is written.

Cases such as of prevention of hazardous child bonded labor act, Police has to report on daily
basis like what happened in previous hearing or in todays.

Condition: There should be valid and sufficient reasons for taking remand of accused for further
days.

Section: When someone is arrested and it's clear that the investigation won't be finished within
24 hours, the police officer in charge must send a copy of the case details to the nearest
Magistrate. They also need to send the accused person to the Magistrate.

The Magistrate can decide whether to allow the accused person to be held in custody for up to
15 days. In Anti-terrorism act 1997, remand of accused is questioned for 90-D, bcz have their
own special courts, in this confession made by accused before the higher officer of anti-
terrorism department is considered as admissible.

During physical remands, bail application cannot be filed.

If the Magistrate doesn't have the authority to try the case, they can send it to the right
Magistrate-I and produce accused in a right court through process Known as transit remand. The
area magistrate can give remand but the best is to give transit remand.

However, certain lower-ranking Magistrates cannot authorize police custody.

If accused is injured, then his medical check is mandatory to check whether accused was either
tortured by police in custody or not.

Order of copy is forwarded to the Sessions Judge by the Magistrate.

If a female is arrested, she generally shouldn't be kept in police custody unless the case involves
serious crimes, and the Magistrate must provide written reasons for this decision. During
interrogation, a female police officer must be present, and if the accused is in prison, the
investigating officer can question her there. If the accused needs to be taken out of prison for
investigation, the police officer must get permission from the Magistrate by writing application
and ensure a female police officer accompanies the accused.

The accused should not be kept outside prison in police custody between sunset and sunrise.

Relevant provision

S.344: Judicial Remand

When the physical remands completes like after 14 days or 15 days in whole then