TABLE OF CONTENTS 20. Powers of Session Judge in Revision .............................................................

44

1. Types of Offences Under Cr.PC ........................................................................1 21. High Court’s Power of Revision ....................................................................45

2. Inquiry, Investigation & Trail ............................................................................5 22. Powers Of High Court or Court of Sessions Regarding Illegal and Improper

3. Classes of Criminal Courts and their Powers .....................................................7 Detention of Persons or Writ Of Habeas Corpus ...........................................46

4. Powers and Duties of Justice of Peace ...............................................................9 23. Bail, its Kinds and Grounds ...........................................................................47

5. Provisions regarding Juveniles in Cr.PC .......................................................... 11

24. Ground for Transfer of Criminal Case ...........................................................51
6. Police arrest Person without Warrant ............................................................... 12
25. Irregular Proceedings ....................................................................................53
7. Duties and Powers of Police Officer ................................................................ 14
26. Various Types of Injuries and Differentiate between Homicidal, Suicidal and
8. Modes of Processes to Compel Appearance of an Accused .............................. 15

9. Absconder & the Procedure for Publication of Proclamation of Absconder ...... 17 Accidental Wounds?. .....................................................................................55

10. Offences Relating to Disputes as to Immoveable Property ............................. 21

27. What are the Different Methods of Taking Finger Prints? What is Their
11. First Information Report & its Evidentiary Value .......................................... 24
Importance in Criminal Proceedings. ............................................................56
12. Complaint Under Cr.P.C 1898 ....................................................................... 27
28. What is Medico Legal Report? Discuss its Importance in Criminal Cases?.....58

13. Examination of Private Complaint u/s 200 ..................................................... 28 29. What is Post Mortem Examination? Explain its Objects and Importance? ......59

14. Exception for Accused from Personal Appearance in Court ........................... 30 30. Exhumation ...................................................................................................61

15. Charge, its Contents and Purpose................................................................... 31

31. Medico-Legal Importance of Age: .................................................................63
16. Procedure of Trial of Criminal Courts............................................................ 33
32. Syncope (Unconsciousness): .........................................................................65
17. "Summary Trial" ........................................................................................... 37
33. Need of Identification in Dead Persons: .........................................................66
18. Double Jeopardy ........................................................................................... 39
34. CRPC MCQ’s ..................................................................................................67

19. Appeal and its Procedure ............................................................................... 40

 TYPES OF OFFENCES UNDER CR.PC  The accused will not leave the territorial jurisdiction of the state
Introduction without permission of court or police officer.
The object of Criminal Procedure Code is to provide machinery for the punishment  The Accused shall give his presence before police officer every time, he is
of offenders against the substantive Criminal law. In layman's language, required to do so.
the Criminal Procedure Code lays (Cr.PC) the rules for conduct of proceedings  The Accused will not tamper with any evidence whatsoever, considered by
against any person who has committed an offence under any Criminal law, police in the investigation.
whether it is P.P.C or other Criminal law. The court is empowered to refuse bail to an accused person even if the offence is
bailable, where the person granted bail fails to comply with the conditions of the
Types of offences covered
bail bond.
All such offences are covered by Criminal Procedure Code (Cr.PC), which are Examples of bailable offence
mentioned in Pakistan Penal Code. For example Murder, Theft, Kidnapping, Rape,
Forgery, etc. The legal meaning and whether an act will constitute a criminal Although even in case of bailable offence, the bail may be refused, if credit of the
offence or not is provided in the P.P.C. The Procedure of initiating accused is doubtful. However following are some offences which are classified as
proceeding/Prosecution for a criminal offence is provided in Criminal Procedure "Bailable offence" by the code itself:
Code (Cr.PC). Cr.PC provides the manner and place, where investigation inquiry
and trial of an offence shall take place. • Being a member of an unlawful Assembly
• Rioting, armed with deadly weapon
Classification of offences • Public servant disobeying a direction of the law with intent to cause injury
to any person.
Depending on the nature and gravity of an offence's if they can be classified under
• Wearing Garb or carrying token used by public servant with fraudulent
any of the following heads:
intents.
1. Bailable and non-bailable offence • Bribery in relation to elections.
2. Cognizable and non-cognizable offence. • False statement in connection with elections.
3. Compoundable and non compoundable offence • Refusing oath when duly required to take oath by a public servant.
1. Bailable and Non-Bailable Offence • Obstructing public Servant in discharge of his public functions.
• Giving or fabricating false evidence in a judicial proceeding.
A bailable offence is one, in which, bail is a matter of right, and non • Selling any food or drink as food and drink, knowing the same to be
bailable offence is one, in which granting of bail is discretion of the court. noxious.
Bailable Offence • Causing a disturbance to an assembly engaged in religious worship.
Non bailable offence
In case of bailable offence, the grant of bail is a matter of right. It may be either
given by a police officer who is having the custody of Accused or by the court. A non-bailable offence is one in which the grant of Bail is not a matter of
The accused may be released on bail, on executing a bond, known as "bail bond", right. Here the Accused will have to apply to the court, and it will be the
with or without furnishing sureties. The "bail Bond" may contain certain terms and discretion of the court to grant Bail or not. Again, the court may require the
conditions, such as: accused to execute a "Bail-Bond with some stringent conditions. The court
may generally refuse the Bail, if: be insufficient, fraud or has been accepted under mistake.
 "Bail Bond" has not been duly executed , or • Where any of the sureties to the bail bond, applies to the magistrate for his
 If the offence committed is one, which imposes punishment of death or own discharge
Life imprisonment, such as "Murder " or "Rape" or • Where one of the original surety dies or becomes insolvent, and if accused
 The accused has attempted to abscond, and his credentials are doubtful. fails to bring another surety.
The application for bail shall be filed before the Magistrate, who is conducting the In all these cases, the magistrate or court has power to remand the accused to
trial. The application after being filed is usually listed on the next day. On such prison, until fresh bond and fresh terms are executed.
day, the application will be heard, and the police shall also present the accused in
court. The magistrate may pass such orders, as he thinks fit. If the bail is granted,
Appeal from forfeiture of bond
the accused will have to execute a "Bail Bond". On execution of bail-bond the
Where, a bond has been forfeited, or bail has been cancelled, an appeal can be
accused is out of prison only on such terms and conditions, as contained in the
made against such an order. Where an order has been made by a magistrate an
"Bail-Bond". The amount of every bond, i.e. the security shall be reasonable. If, at
appeal shall lie to a Sessions judge or where an order has been made by a court of
any point of time, the terms and conditions of bail are not fulfilled, the "Bond"
sessions then appeal shall lie to the High court.
shall be forfeited. The application for Bail shall be made in the form, prescribed
2. Cognizable and Non-Cognizable Offence
and the designation of judge/Magistrate should be clearly mentioned. The
application shall also contain an undertaking, that the accused shall fulfill all the Offences can also be classified on the basis of "Cognizable offence", and "Non-
conditions as contained in the Bail- Bond. cognizable" offence. In brief the difference between these two is
Procedure once bail is granted Cognizable offences: An offence, where a police offer can arrest without a
warrant.
When the bail has been granted the accused shall, execute a "Bail-Bond", and
furnish sureties, and security for amount as required. When the bond has been duly Non-cognizable offences: An offence, where a police officer can arrest only with
executed, the accused shall be released, and if he is in prison, then an order of a warrant.
Release shall be issued to the officer in charge. If the accused is charged for two
separate offences, then, he shall have to execute and satisfy Bail Bond for both of Cognizable offence
them.
Cognizable offences are those where a police officer can arrest without warrant.
When bail may be revoked or bail bond be forfeited And such cases, after arrest has been made, the accused will be produced before a
magistrate, and he may require the police officer to investigate the matter. After
Following are the instances, when a bail may be revoked, or Bail Bond is investigation, if the case is made out, i.e. charge sheet filed goes against accused,
forfeited: the magistrate can order for arrest. During the pendency of trial, bail application
can be moved before the concerned magistrate. Cognizable offences are both
• Where, the accused fails to fulfill or commits, breach of any terms and
bailable, and non-bailable.
conditions of the bond.
• Where the accused, fails to furnish the required number of sureties or fails Examples of Cognizable Offences Are
to deposit the security amount
• Where, the sureties accepted at the time of bail, or turn out afterwards to Offences of waging or attempting to wage war, or abetting the