1

Q1:Discuss briefly law relating to sentence of various

criminal contents and powers and with drawl of powers of
criminal courts.
1-Introduction: The sole purpose of Criminal Courts under their powers provided
is to bring the culprits to book. Powers or jurisdiction of a court is to try a criminal
nature to ensure the administration of justice. Besides the High Court and courts
constituted under section 6 of Cr.PC describes the various classes of Criminal
Courts. Each class of Courts enumerated in the section is distinct and difference
from the other. To constitute a Criminal Court it is not sufficient that it is one of the
Courts mentioned in Section 6. It must be acting as a Criminal Court.

2-Relevant section: sec 30 to 41 CrPC

3- Classes of criminal courts U/S 6: The various classes of Criminal Courts
as mentioned in Section 6 of CrPC are as under .
According to this code there shall be two classes of criminal courts in Pakistan.
1- COURTS OF SESSION: Section 9
I)Court of Session Judge:
(a) Establishment of Court of Sessions: The Provincial Government can
establish a Court of Sessions for every Sessions and appoint a Judge of
such Court
(b) Places Where Session Court Hold its Sitting:The Provincial
Government may direct at what place or places the Court of Sessions can
hold its sitting
II) Court of Additional Sessions Judge: The Provincial Government may also
appoint Additional Sessions Judges to exercise jurisdiction in one or more such
Courts
III)Court of Assistant Sessions Judge: The Provincial Government may also
appoint Assistant Sessions Judges to exercise jurisdiction in one or more such
Courts
2-COURT OF MAGISTRATE Section 32 :There shall be the following classes of
Magistrates, namely.
(A) Magistrate of 1st Class (3 Years, 45000/-)
(B) Magistrate of 2nd Class (1 Years, 15000/-)

1 SUMMAYA ROSHAN
 2

(C) Magistrate of 3rd Class (1 month, 3000/-)

(A) Magistrate of 1st Class: Provincial Government may appoint class as many
persons as it thinks fit to be Magistrate of first class in any district. The provincial
Government is also competent to define local area within which such Magistrate may
exercise all or any of the powers invested under this code.
(B).Magistrate of 2nd Class: The Provincial Government may appoint as man,
persons as it thinks fit to be Magistrate of second class. The Provincial Government
is also competent to define local areas within which such Magistrate may exercise all
or any of the powers invested under this Code.
(C) Magistrate of 3rd Class: The Provincial Government may appoint as many
person to be Magistrate of third class in any district as it thinks fit.

4-Jurisdiction of criminal courts :In Pakistan, the judicial system is

structured with several tiers, each having distinct jurisdictions and responsibilities.
Here is an overview of the main types of courts and their jurisdictions:
i- High Courts: Lahore High Court, Sindh High Court, Peshawar High Court,
Balochistan High Court, and Islamabad High Court.
Original Jurisdiction: Writ jurisdiction to enforce fundamental rights, hear cases on
public importance, and other specific matters.
Appellate Jurisdiction: Hears appeals from lower courts and tribunals within their
respective provinces or territories.
ii-District and Sessions Courts:
Original Jurisdiction: Handles serious criminal offenses and civil cases within their
districts.
Appellate Jurisdiction: Hears appeals from decisions of Civil Judges and
Magistrate
 Additional Session Judges: Assist Session Courts with heavier caseloads.
iii-Magistrates: Handle less serious criminal cases, including petty offenses and
preliminary hearings.

5-powers of criminal courts:

1. Ordinary Powers:
These refer to the standard powers granted to judges and courts under the relevant
laws and codes. These powers are regularly exercised as part of their official duties.

2 SUMMAYA ROSHAN
 3

i- Court of magistrate
Magistrates of First Class:
Trial Powers: Try offenses punishable by up to three years of imprisonment, fines, or
both.
Sentencing Powers: Impose sentences up to three years of imprisonment, fines, or
both.
Bail Powers: Grant or deny bail in cases within their jurisdiction.
Preliminary Inquiry Powers: Conduct preliminary inquiries into more serious offenses
before committing them to Sessions Courts.
i- Magistrates of Second Class:
Trial Powers: Can try offenses punishable by imprisonment up to one year, fines, or
both.
Sentencing Powers: Can impose sentences up to one year of imprisonment, fines, or
both.
Magistrates of Third Class:
Trial Powers: Can try petty offenses punishable by imprisonment up to one month,
fines, or both.
Sentencing Powers: Can impose sentences up to one month of imprisonment, fines,
or both.
ii- Session court
Sessions Judges:
Trial Powers: Try serious criminal cases like murder, rape, robbery, and other major
felonies.
Sentencing Powers: Impose any sentence authorized by law, including the death
penalty.
Appellate Powers: Hear appeals from decisions of Magistrates' courts.
iii- High Courts:
Original Jurisdiction: Can issue writs for enforcement of fundamental rights (e.g.,
habeas corpus, mandamus, prohibition, certiorari, and quo warrantor).
Appellate Powers: Can hear appeals from decisions of Sessions Courts and other
lower courts.

3 SUMMAYA ROSHAN
 4

Revision Powers: Can call for records of lower courts to revise any decision or order
made by them.
Supervisory Powers: Supervises and controls all subordinate courts within its territorial
jurisdiction.
2. Additional Powers:
These refer to the supplementary powers granted to certain judges to assist with the
caseload and ensure efficient judicial processing. The provincial government may on the
recommendations of the high court invest of any magistrate the powers specified in the
fourth schedule.
 Provided that, the Government may authorize a District Magistrate to invest
any Executive Magistrate subordinate to him with any of its powers specified
in the schedule IV:
 Provided further that any Judicial Magistrate may be invested with such
additional powers in consultation with the High Court Division
3-Withdrawal
These powers refer to the authority to transfer or withdraw cases from one court to
another, either to ensure a fair trial or for administrative convenience.
Sessions Judges and High Courts: Section 526 and 528 of the Code of Criminal
Procedure (CrPC): Allow the High Court or Sessions Judge to withdraw or transfer
cases from one court to another within their jurisdiction.
High Court's Powers: The High Court can transfer cases from one subordinate court to
another, or even to itself, to ensure justice, fairness, or administrative efficiency.
Sessions Judge's Powers: Can transfer cases from one Magistrate to another within
the district for similar reasons.
4-Sentences may be Passed:
Magistrate of Class I may pass sentence of imprisonment for a term not exceeding
Three years and fine up to Forty-Five Thousands.
 Magistrate of Second Class may pass sentence of imprisonment of One year and
Fine up to Fifteen Thousands.
 Magistrate of Third Class may pass sentence of imprisonment for One Month and
Fine up to Three Thousands

4 SUMMAYA ROSHAN
 5

 A Session Judge or Additional Session Judge may pass any sentence

authorized by law but any sentence of death passed by any such judge shall be
subject to confirmation by High Court.
 And also give the reason to High court why it gives death sentence to accused .
 An Assistant Session Judge may pass any sentence except death or
imprisonment for a term exceeding seven years.
 High Court may pass any sentence authorized by law.

6-CONCLUSION: To conclude that Criminal Court means a court having jurisdiction

over Criminal cases section 6 of Cr.P.C. describes the various classes of Criminal Court.
Note: The court system and the provisions of criminal law do not extend into the tribal
areas along the Afghan border. These areas are administrated by political agents who
work with tribal leaders to maintain law and order according to tribal standards

Q#2: Q:Is there any law regarding information to magistrate

and police in certain offence and arrest of such a person.
42. Public when to assist Magistrates and Police: Every person is bound to
assist a Magistrate [Justice of the Peace] or police officer reasonably demanding his
aid,--
(a) in the taking or preventing the escape of any other person whom such Magistrate; or
police officer is authorized to arrest;
(b) in the prevention or suppression of a breach of the peace, or in the-prevention of any
injury attempted to be committed to any railway, canal, telegraph or public property.

43. Aid to person, other than police officer, executing warrant: When a
warrant is directed to a person other than a police officer, any other person may aid in
the execution of such warrant if the person to whom the warrant is directed be hear at
hand and acting In the execution of the warrant.

45- Village Headman, accountant, landholders and others bound to

report certain matters: (1) Every village headman, village accountant,; village
watch man, village police officer, owner or occupier of land, and the agent of any such
owner or occupier incharge of the management of that land and every officer employed
in the-collection of revenue or rent of land on he part of the Government or the Court of

5 SUMMAYA ROSHAN
 6

Wards, shall forthwith communicate to the nearest Magistrate, (Justice of the Peace) or
to the officer incharge of the nearest police station whichever is the nearer, any
information which may possess respecting-
(a) the permanent or temporary residence of any notorious receiver or vendor of stolen
property in any village of which he is headman, accountant, watch man or police-officer
or in which, he owns or occupies land, or is agent, or collects revenue or rent;
(b) the resort to any place within or the passage through such village of any person on
whom he knows or reasonably suspect to be a thug, robber, escaped convict or
proclaimed offender:
(c) the commission of or intention to commit, in or near such village any non-boilable
offence or any offence punishable under Sections 143, 144, 145, 147 or 148 of the
Pakistan Penal Code:
(d) the occurrence in or near such village of any sudden or unnatural death or of any
death under suspicious circumstances; or the discovery in or near such-village of any
corpse or part of a corpse. In circumstances which read to a reasonable suspicion that
such a death has occurred or the disappearance from such village of any person in
circumstances which lead to a reasonable suspicion that a non-bailable offence has
been committed in respect of such person;
(e) the commission of or intention to commit, at any place out of Pakistan near such
village any act which, if committed in Pakistan, would be an offence punishable under
any of the following sections of the Pakistan Penal Code namely 231, 232, 233, 234,
235, 236, 237, 237, 238,302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402,
435, 436, 449. 450, 457, 458, 459, 460, 489-A, 489-B, 489-C and 489-D;
(f) any matter likely to affect the maintenance of order or the prevention of crime or the
safety of person or property, respecting which [any officer authorised by the Provincial
Government] by general or special order made with the previous sanction of the
Provincial Government, has directed him to communicate information-
(2) In this section-
(i) "village" includes village-lands; and
(ii) the expression "proclaimed offender" includes any person proclaimed as an offender
by any Court or authority established or continued by the Federal Government in any
part Of Pakistan, in respect of any Act which if committed in Pakistan, would be
punishable under any of the following sections of the Pakistan Penal Code, namely,
302, 304, 362 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 448, 450, 457,
458, 459and 460.

6 SUMMAYA ROSHAN
 7

(3) Appointment of village-headmen in certain cases for purposes of this section:

Subject to rules in this behalf to be made by the Provincial Government, the [District
officer (Revenue)] from time to time' appoint one or more persons with his or their
consent to perform the duties of a village-headman under this section whether a village-
headman has or has not been appointed for that village under any other law. Words
subs by Ordinance, XXXVII of 2001, (dt. 13-8-2001)

Q3: What is arrest? Discuss the procedure of arrest in detail,

When a police officer can arrest without a warrant in
cognizable and non cognizable case .
1. introduction: Under the Criminal Procedure Code, An arrest without warrant is
such arrest which executed by police officer even without obtaining the arrest warrant
from the court. Because Criminal Procedure Code has granted powers to police officer
to arrest without obtaining arrest warrant. But, it does not mean that this code has given
police full liberty in this regard. Under Cr.P.C, there are multiple circumstances when
police can arrest without warrant.

2. Relevant provisions: section 46 to 67 CrPC

3. puruse of Arrest: The major purposes of Arrest is to bring the person before a
court and secure administration of law

3. Definition of Arrest: Is the taking of a person into custody in order that he may
be bound to answer for the commission of an offense.

4. Definition of Warrant: Warrant is a document which is issued by a court in

which police officer is authorized to arrest someone and bring him before the court.

5..Arrest how made(sec 46): 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.
Ifaccused submit himself to police, then police are not allowed to use any kind of force
or torture.

7 SUMMAYA ROSHAN
 8

6.Search of place entered by person sought to be arrested(section 47)

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.

7.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.

8.Cases when arrest may be made without warrant: Following are the
cases where police can arrest any person without obtaining the arrest warrant from the
court.

CIPSO DEAR. I elaborate this abbreviation like this.

1-Cognizable offence: A person who commits any cognizable offence and
against him a reasonable complaint has been made by someone, in this case a
police officer can arrest any person without obtaining the arrest warrant from the
court.
2. Implement of House breaking: A person who commits an act of house
breaking and against him a reasonable complaint has been made by someone.
In this case a police officer can arrest any person without obtaining the arrest
warrant from the court.
3.Proclaimed offender: A person against whom proclamation has been
published in the print media or has been broadcasted in electronic media. In this
case a police officer can arrest any person without obtaining the arrest warrant
from the court.

8 SUMMAYA ROSHAN
 9

4. Stolen property: A person who is in possession of any stolen property which

is recovered by him, in this cases police officer can arrest any person without
obtaining the arrest warrant from the court.
5.Obstructing police officer to perform his duty: A person who obstructs any
police officer to perform his duties for administration of justice and peace, in this
case a police officer can arrest any person without obtaining the arrest warrant
from the court.
6.Deserter from Armed Forces: A person who has deserted (run away) from the
Armed Forces of Pakistan such as Army, Navy or Air force. In this case a police
officer can arrest any person without obtaining the arrest warrant from the court.
7. Extradition law (Concerned in offence committed outside the Pakistan):
A person who has committed an offence outside the Pakistan and such it is also
an offence in the Pakistan, this case a police officer can arrest any person
without obtaining the arrest warrant from the court.
8. Arrest Requisition :A person against whom a requisition of arrest has been
received to a police officer from another police officer, requisition must contain
the cause of arrest. in this case a police officer can arrest any person without
obtaining the arrest warrant from the court
9. Release Convicted: An accused who released convict committing a breach
of any rule under section No 565 (3) of Criminal Procedure Code, in this case a
police officer can arrest any person without obtaining the arrest warrant from the
court

9.Conclusion:To conclude I can say that a police officer is authorized to arrest any
person without arrest warrant under some circumstances but it doesn't mean that he
has been vested unlimited power in this regard. Once a person who is arrested by
police officer without arrest warrant, must be presented before the Magistrate within 24
hours after his arrest.

Q4:Discuss the general provisions of process of compel

appearance and how the summon served?
1: Introduction. Under Criminal Procedure code, when complaints are made against
accused, he has to come before the court to defend himself. This is known as
"Appearance". There are different ways where an accused can be brought before the
court by Service of summons, by warrant of arrest or by proclamation in electronic or

9 SUMMAYA ROSHAN
 10

print media. All of these ways are used to compel an accused to appear before the
court.

2. Relevant Provision: Section 68 to 74 of the Cr.P.C deals with the modes of

appearance of an accused.

3. Definition of Summon: Summons A summons is a document which is issued by

a court informing a person that a complaint has been filed against him. This is a form of
legal process that instructs the defendant to appear before the court on a specific day
and to answer the complaint made by the plaintiff.

4.Modes of Summons: Following are the e modes of summons.

a) Personal Service: Personal service of summons is also known as direct
service of summons to the defendant. In this way, copy of summons is delivered
to the defendant in person where defendant or his agent actually resides or
carries his business
b)Postal service: Postal service of summons is also a mode of to serve
summons to the defendant. In this way, copy of summons is delivered to the
defendant by registered post, where defendant or his agent actually resides or
carries his business
c) Service by affixation: Service of summons by affixation is also a mode of to
serve summons to the defendant. In this way the serving officer actually affixes
the copy of summons on the outer side of the door of his residence or his
business place
d) Substituted Service: Substituted service of summons to defendant is
adopted at that time when court gets failed to produce defendant before the court
even after using above mentioned modes of service of summons. It is called
substituted service.

5:FORM OF SUMMONS: The summons issued by a Court shall be

(I) In writing .
(II) In duplicate.
(III) Signed and sealed by the presiding officer of the Court or by such other
person.
(IV) It should mention the time and place of the offence committed.

6:SUMMONS HOW SERVED: The summon are served in the following ways
summons

10 SUMMAYA ROSHAN
 11

I- Personal Service: The Summon shall be served personally on the person

summoned by delivering or tendering to him one of the duplicates of the
summons, if it is practicable
II- Service on an incorporated company or other body corporate: The
summons in such a case may be served on the secretary President local
manager and the members of the managing committee.
III- Substituted Service: Where the person summoned cannot be found by
exercise of due diligence then the summons may be served by leaving one of
the duplicates for him with some adult male member of his family and such
person shall sign the receipt of the back of the other duplicate
IV- Service on Govt. employees: It is the duty of the Court to summon the
witnesses who are employees of the Govt through the immediate heads of
the departments concerned.

7-Failiure of service of summon: In Pakistan, the procedure when a summon

fails under the Code of Criminal Procedure (CrPC) with specific steps to ensure the
person is notified and appears before the court. Here’s an outline of the process:
a) Substituted Service (Section 69, CrPC): If the summon cannot be served in the
usual manner, the court may order substituted service, which can include:
I) Affixing a copy of the summon to a conspicuous part of the house
where the person resides. The document is physically attached to the
chosen location. This might involve taping, tacking, or otherwise
securing the document to ensure it stays in place and is visible.
II) Selection of Location: The court or the serving officer chooses a
conspicuous place related to the person, such as their last known
residence, place of business, or another location where it is likely to be
seen.
III) Documentation of Service: The officer or individual serving the
document usually takes a photograph and/or writes a report detailing
where and when the document was affixed, to provide proof of service
to the court.
 Delivering a copy of the summon to any adult male member of the
person’s family residing with him.
 Publishing the summon in a local newspaper if the court deems it
necessary

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

11 SUMMAYA ROSHAN
 12

9- CONCLUSION: To conclude that process is the mode through which a person can
be compelled to appear before the Court It may be in the form of summons, warrant or
proclamation It is not necessary that warrant should follow the summons Whether a
summons or warrant should issue in the first instance is determined by column 4 of
schedule II of Cr.PC.
______________________________________________________________________

Q5-Discuss the procedure for warrant of arrest in detail

under the relevant provisions of law.
1- INTRODUCTION: Where the court of competent jurisdiction has reason to believe
that the person in whose name a summons of the court or order for production of any
material or document is issued will not appear of produce such material or document. In
this situation the court may issue search warrant. The person in whose name such
warrant is issued may carry out search or inspection strictly in accordance with the
direction of court.

2-RELEVANT PROVISIONS: section 75 to 86 CrPC.

3-DEFINATION OF WARRANT: Arrest warrant is an order of the court which is
usually issued in the name of Station House Officer of concerned local area where he is
directed to arrest the person named in such warrant and produce him before the court
on the time and date mentioned in that warrant.

4-FORMS OF WARRANT: The form of warrant can be gathered from section 75

Cr.P.C and the form for warrant of arrest in Form II, Schedule, V. they are
I- The warrant must be in writing.
II- It must bear the name and designation of the person who is to execute it
III- It must give full name and description of the person to be arrested providing his
parentage, occupation and residence, etc
IV- It must state the offence charged.
V- It must be signed by the presiding officer.
VI- It must be sealed

5-WARRANT TO WHOM DIRECTED (SEC 77): The warrants are to be directed to the
following persons.
 Section 77 directs that a warrant shall be ordinarily directed to one or more police
officer

12 SUMMAYA ROSHAN
 13

 A warrant may be directed to persons other than police officer, if the following
conditions are fulfilled
a) There must be necessity to arrest
b) The necessity must be for immediate arrest, and
c) No police officer should be immediately available
I) WARRANT DIRECTED TO POLICE OFFICER: (SEC. 79) Section 79
relates to delegation of power of arrest, as it provides that a warrant
directed to any police officer may also be executed by another police
officer whose name is endorsed upon the warrant. No other person
except a police officer is competent to execute a warrant of arrest
under an endorsement from another police officer.
II) WARRANT DIRECTLY SENT TO ANY PERSON OTHER THAN A
POLICE OFFICER: According to section 77. where no police officer is
immediately available but immediate execution of such warrant is
necessary, the court may direct any other person or persons may be
directed to landlords, farmers or manger of land for arrest of any
escaped convict of proclaimed offender who is hiding in that land, Such
person acknowledge in writing the warrant of arrest Such person after
arresting criminal made over with warrant to nearest police officer

6-Procedure for Execution of Warrant: According to section 81, a warrant must

be executed immediately and without loss of any time by the nominated police or any
other person specified in the warrant. The arrested person should be immediately
produced before the court it is required by law to produce such person

According to section 82, an arrest warrant can be executed at any place within the
territorial limits of Pakistan.

7-PROCEDURE WHEN THE PERSON ARRESTED IS BROUGHT

BEFORE THE MAGISTRATE: It is a right of arrested person According to
Sections 56 and 76 of the Cr.P.C, the person making the arrest is required, without
undue delay and subject to the provisions regarding bail, to present the arrested person
before the magistrate or officer-in-charge of a police station with jurisdiction over the
case. This is true regardless of whether the arrest was made with or without a warrant.
Every person detained in custody is required to be produced in front of a magistrate
within a period of 24 hours, excluding the time necessary for the journey from the place
of arrest to the court of the nearest magistrate. No person can be detained for more
than 24 hours without the authority of the magistrate (Criminal Procedure Code, Section
61 and Constitution of Pakistan, Article 10 (2).

13 SUMMAYA ROSHAN
 14

8-SURETY OF ARREST WARRANT: A surety of arrest warrant refers to a

financial guarantee or bond required to secure the release of a person who has been
arrested under a warrant. When an individual is arrested, they may have the option to
be released on bail, which is a set amount of money paid to the court as a guarantee
that the person will return for their scheduled court appearances.
A surety, in this context, is a person or entity that agrees to take responsibility for
ensuring that the accused appears in court as required. The surety typically posts the
bail amount on behalf of the accused and can be held financially liable if the accused
fails to appear in court. This arrangement helps ensure compliance with legal
proceedings while allowing the accused to remain out of custody until their court date.

9-CONCLUSION: Where the court of competent jurisdiction has reason to believe

that the person in whose name a summons of the court or order for production of any
material or document is issued will not appear or produce such material or document. In
this situation the court may issue search warrant. The person in whose name such
warrant is issued may carry out search or inspection strictly in accordance with the
direction of court.
______________________________________________________________________

Q6-How summons be served to produce the documents or

thing to any person ? There is any law in case such
documents not found to search for?
1-Introduction: If a court or any officer in charge of a police station is of the opinion
that the production of any document or other thing is necessary for the purposes of the
investigation, inquiry, trial of the case or other proceeding before such Court or Officer,
Such Court may issue summons, or such Officer a written order, under section 91 to the
person in whose possession such document or thing is believed to be, requiring him to

14 SUMMAYA ROSHAN
 15

attend and produce the same before the court at the time and place mentioned in the
summons.

2-Relevent provisions: Section 94-95 of CrPC .

3-Definition of summon: Summons A summons is a document which is issued by
a court informing a person that a complaint has been filed against him. This is a form of
legal process that instructs the defendant to appear before the court on a specific day
and to answer the complaint made by the plaintiff.

4-By whom the summon to production of document be served or who

may served the summon : Under the Code of Criminal Procedure (CrPC) of
Pakistan, the following individuals are authorized to serve a summons for the production
of documents:
 When the Documents required to court for inquiry or trail so the court shall
issue a summon.
1-Court Officers: The court itself or its designated officers, such as a bailiff or
court clerk, can serve the summons.
 When the Documents required for investigation so police shall issue an order.
2-Police Officers: In many cases, the court may direct a police officer to serve
the summons. This is common in criminal cases where the police are actively
involved in the investigation.
3-Other Authorized Persons: Any other person whom the court may specially
authorize for this purpose. This could include private process servers or other
officers of the court.

5-Procedure for Serving a Summons:

1-Preparation of Summons: The court prepares the summons, specifying the
documents to be produced, the person required to produce them, and the date,
time, and place of production.
2-Delivery of Summons: The authorized individual delivers the summons to the
person named in the document. This must be done personally unless the court
orders otherwise.

15 SUMMAYA ROSHAN
 16

3-Acknowledgment of Receipt: The person receiving the summons may be

required to acknowledge receipt. This can be done by signing a copy of the
summons, which is then returned to the court as proof of service.
4-Substituted Service: If the person to be served cannot be found, the court
may order substituted service. This could involve leaving the summons with an
adult member of the person's household or affixing it to a conspicuous part of the
person's residence or place of business.

6-Purpose of summon to produce Documents: The purpose of a summons

to produce documents under the Code of Criminal Procedure (CrPC) in Pakistan is
multifaceted. Here are the key purpose
 1-Evidence Collection: To gather documentary evidence that is crucial for the
investigation, inquiry, trial, or other legal proceedings. This ensures that all
relevant information is available for consideration by the court.
 2-Facilitating Justice: To ensure a fair trial by making all pertinent documents
available to both the prosecution and the defense. This helps in the thorough
examination of facts and aids in the determination of truth.
 3-Verification of Facts: To verify claims, statements, or allegations made by
parties involved in a case. Documentary evidence can provide concrete proof
that supports or refutes testimonies.

7-Summon to bankers to produced : No police officer shall summon to bank.

1- Initiation of Process:The court, during an investigation, inquiry, trial, or legal
proceeding, identifies the necessity of specific documents held by bankers for the
case.
2- Court's Decision: The court reviews the application and, if satisfied with the
reasons provided, issues a summons to the bankers under Section 94 of the
CrPC.
3- Service of Summons: The summons is served to the bankers or their
authorized representatives, informing them of their legal obligation to produce the
requested documents.
4- Compliance with Summons: Upon receiving the summons, the bankers are
required to produce the specified documents at the designated time and place.
Exception under Section 94(3) CrPC: While Section 94 of the CrPC provides the
mechanism for summoning bankers to produce documents, Section 94(3) ensures
that this power does not override existing laws that protect the confidentiality of
certain documents. Therefore, any summons must be carefully considered in light of
applicable banking secrecy laws and other relevant legal provisions.

16 SUMMAYA ROSHAN
 17

8-cases where documents or things not found after due process of

summon:
 Sec 96 4) Search warrant to be issued after the production of summon to pradure
documents failed.
 Reason to believe that such document could not be produced.
 To person in whom possession or power the document is,
 or when person is not known to count in whose possession the document is
 may search for inspection.

9-Conclusion: Thus I conclude my topic to saying that the process of summon for
documents issued by court for trail or inquiry, and the police officer issue an order for
the production of documents. Police have no authority to issue a written order to the
postal Authorizes then court may direct the postal authority for the production or deliver
of documents before the court .If the summon will failed under section 94-95 so the
search warrant may issued by the court under section 96.

17 SUMMAYA ROSHAN