1.

High Court
1.1. Legal Status & Classification

 Section 6(i): Recognizes the High Court as the highest class of criminal court in each
province.
 The High Court is a superior court of record and exercises both appellate and original
jurisdiction in criminal matters.

1.2. Original Jurisdiction

 Section 31 CrPC: High Courts can try any offence and award any punishment authorized
by law, including death and life imprisonment.
 In practice, High Courts rarely conduct original trials in criminal cases unless required.

1.3. Appellate and Revisional Jurisdiction

 Sections 410–431: Provide for appeals to the High Court.

 Section 435–439: Grant powers of revision. The High Court can call for and examine the
records of any proceeding before any inferior criminal court.
 Can enhance, reduce, or reverse sentences or orders passed by subordinate courts.

1.4. Confirmation of Death Sentence

 Section 374: Every death sentence passed by a Sessions Judge must be confirmed by the
High Court before execution.
 The High Court examines both the evidence and the legality of the conviction.

2. Courts of Session
2.1. Establishment & Composition

 Section 6(ii): Identifies Sessions Courts as the second-highest tier of criminal courts.
 Section 9(1): The Provincial Government establishes a Court of Session for every
sessions division.
 Section 9(2): Sessions Judge is appointed to each division.
 Section 9(3): Additional Sessions Judges are appointed and have the same powers.
 Section 9(4): Assistant Sessions Judges may also be appointed with limited jurisdiction.

2.2. Jurisdiction & Powers

 Tries heinous offences such as murder, rape, robbery, terrorism, etc.

 Takes cognizance only upon commitment of case by Magistrate (Section 193).
2.3. Sentencing Powers

 Section 31: Sessions and Additional Sessions Judges can award any sentence including
death (subject to confirmation by High Court under Section 374).
 Assistant Sessions Judges:
o May award imprisonment up to 7 years.
o Cannot impose the death penalty.

2.4. Combined Sentences

 Section 35: When a person is convicted of multiple offences:

o Sessions Court may direct sentences to run concurrently or consecutively.
o Aggregate punishment should not exceed 14 years unless expressly permitted.

2.5. Transfer of Cases

 Section 528: Sessions Judge can transfer cases from one Magistrate to another within the
district.

3. Magistrates
3.1. Classification (Section 6(iii))

 Judicial Magistrates:
o First Class
o Second Class
o Third Class

3.2. Appointment and Subordination

 Section 12(1): Appointed by the Provincial Government.

 Section 12(2): A Chief Judicial Magistrate is appointed to supervise.
 Section 12(3): Magistrates are subordinate to the Sessions Judge.

3.3. Local Jurisdiction

 Section 12(1): Provincial Government defines the local area jurisdiction of each
Magistrate.

3.4. Trial Powers (Section 30)

 Section 30: Magistrates specially empowered can try offences punishable with
imprisonment up to 7 years.
3.5. Sentencing Powers (Section 32)

Type of Magistrate Imprisonment Fine Limit

First Class Magistrate Up to 3 years Rs. 45,000
Second Class Magistrate Up to 1 year Rs. 15,000
Third Class Magistrate Up to 1 month Rs. 3,000
Section 30 Magistrate Up to 7 years Any fine (no capital punishment)

3.6. Combined Sentences

 Section 35: Magistrate cannot impose aggregate punishment exceeding twice the
maximum of a single offence that they are authorized to impose.

3.7. Imprisonment in Default of Fine 33 section

o Default imprisonment must not exceed one-fourth of maximum term Magistrate

can impose.
o Not in excess of magistrate’s powers

3.8. Conferment and Continuance of Powers

 Section 36: Powers may be conferred by name or office given in 3rd schedule called
ordinary powers.
 Section 37: additional powers specified in 4th schedule.

Summary Table: Sentencing Powers

Court Maximum Imprisonment Fine Limit Capital Punishment
High Court Unlimited Unlimited Yes
Sessions Judge Unlimited Unlimited Yes (HC confirmation)
Additional Sessions Judge Unlimited Unlimited Yes (HC confirmation)
Assistant Sessions Judge 7 years Unlimited No
Magistrate First Class 3 years Rs. 45,000 No
Magistrate Second Class 1 year Rs. 15,000 No
Magistrate Third Class 1 month Rs. 3,000 No
Section 30 Magistrate 7 years Any fine No
📘 Jurisdiction of Criminal Courts over Offences (Sections 28–29B
CrPC)

1. Section 28 – Offences Under the Pakistan Penal Code (PPC)

Text Summary:
Subject to the other provisions of the CrPC, any offence under the PPC may be tried by:

 (a) The High Court

 (b) The Court of Session
 (c) Any other court as shown in the eighth column of the Second Schedule of CrPC.

Key Points:

 This provision establishes the general jurisdictional flexibility over PPC offences.
 The Second Schedule determines which specific offences are triable by which class of
court.
 The eighth column of that Schedule designates whether an offence is triable by:
o Sessions Court
o Magistrate First Class
o Magistrate empowered under Section 30
o Or other levels

Omitted Proviso: The earlier proviso was removed through Ordinance XXXVII of 2001. It
previously contained limitations or procedural details no longer applicable.

2. Section 29 – Offences Under Other Laws

Clause (1) – Where Law Specifies the Court:

 If a special or local law mentions the specific court to try an offence under that law,
that court has jurisdiction.

Clause (2) – Where Law Does Not Specify the Court:

 The offence may be tried by:

o The High Court, or
 o Any Criminal Court constituted under the CrPC, as designated in the eighth
column of the Second Schedule.

Key Distinction:

 Unlike Section 28 (which is only about PPC), Section 29 includes non-PPC laws, i.e.,
special or local laws (e.g., anti-terrorism laws, narcotics laws).

Omitted Proviso: Also removed by Ordinance XXXVII of 2001.

3. Section 29-B – Jurisdiction in Cases of Juveniles

Applicability:

 Applies to offenders under the age of 15 years at the time of appearance before court.
 Not applicable to:
o Capital offences (punishable with death)
o Offences punishable with life imprisonment

Who Can Try the Case:

 A Judicial Magistrate:
o Specially empowered by the Provincial Government under Section 8(1) of the
Reformatory School Act, 1897.
 OR
 A Magistrate empowered under any other law for juvenile justice or youthful
offenders in areas where the Reformatory School Act does not apply.

🧾 Key Takeaways for Academic Use:

Section Scope Applicable Courts Special Notes

High Court, Court of Session, or as Determined by 8th column of

28 Offences under PPC
per Second Schedule CrPC Schedule

Offences under other laws Local/Special laws control

29(1) Court mentioned in the law
(where law names court) jurisdiction

Offences under other laws High Court or other courts as per Court determined by CrPC
29(2)
(no court named) Second Schedule framework

29-B Juvenile offenders under Judicial Magistrate empowered Cannot be applied in

age 15 under Reformatory School Act or capital/life imprisonment
Section Scope Applicable Courts Special Notes

similar law offences

🔹 Section 35 CrPC: Sentence in Case of Conviction of Several Offences at One

Trial

📘 Text Summary

This section addresses the situation where an accused is convicted of two or more offences in a
single trial, and how punishments for those multiple offences are to be imposed.

🔹 Clause (1): Power to Impose Consecutive or Concurrent Sentences

 When a person is convicted of multiple offences at one trial, the court may impose
multiple punishments, as long as:
o Each punishment is prescribed by law for the respective offence; and
o The court is competent to impose those punishments individually.
 The court may order the punishments to:
o Run consecutively (i.e., one after the other); or
o Run concurrently (i.e., all at the same time), based on its discretion.

Illustration:
If someone is convicted of theft (3 years) and criminal breach of trust (2 years), the court can:

 Impose a total of 5 years (consecutive), or

 Direct both sentences to run concurrently, i.e., total 3 years.

🔹 Clause (2): Limits on Aggregate Punishment

This clause restricts the total imprisonment that can be imposed in the case of consecutive
sentences:
  General Rule:
o Even if multiple sentences are imposed, the aggregate sentence shall not exceed
14 years.
 Magistrate’s Limitation:
o If a Magistrate is the trial judge, the total punishment imposed:
 Cannot exceed twice the maximum he is ordinarily empowered to
impose for a single offence.

Example:

 A Magistrate First Class can impose 3 years for one offence. So, for multiple convictions,
he cannot impose more than 6 years in total, even if the crimes are separate.
 Purpose: This prevents over-punishment by lower courts and ensures proportionality.

🔹 Clause (3): Appeal Treatment

 For appeal purposes, the aggregate sentence is treated as a single sentence.

 This simplifies the process of appeal and avoids treating each sentence separately.

Example:

 If a convict is sentenced to 2 years + 3 years + 1 year (total 6 years), it is treated as one 6-

year sentence in appeal.