SOME IMPORTANT NOTES ON CR.P.C.

-PART-2
PROCEDURE FOR ARREST
1. How an officer in charge of a police station may arrest a vagabond or habitual offender?
INTRODUCTION
RELEVANT PROVISIONS
Section 46 to 53 of Cr.P.C

DEFINITION OF ARREST
Arrest has not been defined in Cr.P.C
A person can be said to be arrested when is actually touched or confined by a police officer or other
person in accordance with the law.

PROCEDURE OF ARREST U/SEC 46

Following is the procedure of making the arrest;
I- PERSON WHO CAN ARREST
II- PERSON WHO CAN AUTHORIZE FOR ARREST
III- ACTUALLY TOUCH AND CONFINE
IV- SUBMISSION TO THE CUSTODY BY WORDS OR ACTIONS
V- RESISTING ENDEAVOUR TO ARREST
VI- REQUIREMENTS TO USE FORCE

SEARCH FOR ARREST

i- SEARCH OF PLACE ENTERED BY PERSON SOUGHT TO BE ARRESTED UNDER SECTION
47
ii- PROCEDURE WHEN INGRESS NOT OBTAINABLE UNDER SECTION 48

iii- POWER TO BREAK OPEN DOORS AND WINDOWS FOR PURPOSE OF LIBERATION UNDER
SECTION 49
iv- NO UNNECESSARY RESTRAINT UNDER SECTION 50

ILLEGAL OR MALICIOUS ARREST

REMEDY PROVIDED TO THE PERSON ILLEGALLY OR MALICIOUS ARRESTED

I- REMEDY PROVIDED UNDER SECTION 491 Cr.P.C
II- REMEDY PROVIDED UNDER SECTION 199 OF THE CONSTITUTION OF PAKISTAN

MODES TO COMPEL APPEARANCE

INTRODUCTION

RELEVANT PROVISIONS
Section 68 to 89 CrPC.

DEFINITION OF PROCESS
Darsby Vs. Dannaby
Process is defined as any means used by court to compel appearance of a defendant before it or a
compliance with its demand.

MODES TO COMPEL APPEARANCE

Following are the modes to compel appearance of a person
i- Summons
ii- Warrant of Arrest
iii- Proclamation for Person Absconding

SUMMON
I- DEFINITION
II- 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
iv- It should mention the time and place of the office committed
III- SUMMONS BY WHOM SERVED

Following persons can serve the summons

i- Police Officer
ii- By an officer, subject to such rules as the Provincial Govt. may prescribe.
iii- At the request of complainant or accused, the court may allow to serve the summons on his own.
IV- SUMMONS HOW SERVED

Following procedure shall be adopted

A) PERSONAL SERVICE
B) SERVICE ON AN INCORPORATED COMPANY OR OTHER BODY
C) SERVICE WHEN PERSON SUMMONED CANNOT BE FOUND
D) SERVICE ON GOVT. EMPLOYEE
E) SERVICE OUT SIDE LOCAL LIMITS
WARRANT OF ARREST

I- FORM
The warrant of arrest issued by a court shall be in the following form
i) In writing
ii) Signed by the presiding officer of the court, or
iii) In case of bench of magistrate, by any member of such bench
iv) It must bear the seal of the court

II- COURT MAY DIRECT SECURITY TO BE TAKEN

Where the warrant directs the release of the arrested person on furnishing security, the warrant must
comply the requirements as under
i) Number of sureties
ii) The amount in which they and the person for whose arrest the warrant issued are to be
respectively bound.
iii) The time at which he is to attended the court.

III- WARRANT TO WHOM DIRECTED

The warrants are to be directed to the following persons
i) Police Officer
ii) If no police officer is immediately available than the court may direct it to any other person or
persons.

CONTENTS OF WARRANT
Following are the important contents of the warrant
i) Nam of court
ii) Name of police officer
iii) Offence
iv) Place where offence has committed
v) Seal of the court
vi) Signed by the presiding officer
vii) Name and Address of the accused

PROCLAMATION FOR PERSON ABSCONDING

I-

CONTENTS
i- Name and address of the absconder
ii- Offence in which he is required
iii- Statement requiring that he must appears before the court
iv- Specification of place where he has to appear
v- Specification of date not less than 30 days from the date of its publication for the
appearance of the absconder.

II-

II- MANNER OF PUBLICATION

The proclamation shall be published in the following manner
a) PUBLICLY READ
b) AFFIXATION AT SOME CONSPICUOUS PART OF HOME

c) AFFIXATION OF COPY AT THE COURT

III-

III- WRITTEN STATEMENT OF COURT

A magistrate should make the endorsement or written statement validating the
proclamation

SUSPENSION OR REMISSION OF SENTENCE

1. What are the powers of government regarding suspension and remission of sentence of convicts?
INTRODUCTION
RELEVANT PROVISIONS
Section 401, 402, 402-A, 402-B of Cr.P.C

POWER TO SUSPEND OR REMIT SENTENCES UNDER SECTION 401

Provincial government may suspend or remit sentence Suo Motu or on the application of the person
sentenced.
I- SUSPENSION OF SENTENCE
II- REMISSION OF SENTENCE

PROCEDURE FOR SUSPENSION OR REMISSION UNDER SECTION 401

Following procedure shall be followed by the provincial government;
I- STATEMENT OF OPINION BY THE JUDGE WHO HEARD THE CASE
II- REASONS FOR THE OPINION GIVEN BY THE PRESIDING JUDGE
III- CERTIFIED COPY RECORD OF TRIAL

CANCELATION OF THE SUSPENSION OR REMISSION UNDER SECTION 401(3)

RIGHT OF THE PRESIDENT OF THE FEDERAL GOVERNMENT UNDER SECTION 401(5)
DIRECTIONS BY THE PROVINCIAL GOVERNMENT UNDER SECTION 401(6)

POWER TO COMMUTE PUNISHMENT UNDER SECTION 402

USE OF POWERS GIVEN UNDER SECTION 401, 402, BY THE PRESIDENT UNDER SECTION
402-A
RESTRICTIONS ON EXERCISE OF POWERS BY THE PROVINCIAL GOVERNMENT UNDER
SECTION 402-B
VALIDITY OF SECTION 401, 402, 402-A, 402-B
P.L.D 1991 FSC 236

REMISSION OR COMMUTATION OF CERTAIN SENTENCES NOT TO BE WITHOUT CONSENT

UNDER SECTION 402-B

REVISION
Can a session judge exercise powers of revision under Cr.P.C? Discuss relevant law.
Explain the power of revision by High Court.
INTRODUCTION
MEANING OF REVISION
A re-examination or careful reading over for correction or improvement.
RELEVANT PROVISIONS
Section 439, 439-A Cr.P.C
Cross Reference
Section 115 of C.P.C

REVISION BY HIGH COURT UNDER SECTION 439

I- MODE OF INSTITUTING REVISION PROCEEDINGS
i) By Application of aggrieved person
ii) Suo Motu by the High Court
II- PROCEEDINGS WHICH CAN BE REVISED
III- DISCRETIONARY POWER
IV- POWERS WHICH CAN BE EXERCISED BY HIGH COURT

A- POWERS UNDER SECTION 423

Revision against conviction
Revision against any other order
Making of any order
B- POWERS UNDER SECTION 426
C- POWERS UNDER SECTION 427
D- POWERS UNDER SECTION 428
E- POWER UNDER SECTION 338
V- WHEN COURT OF REVISION EQUALLY DIVIDED
VI- RESTRICTIONS ON POWER OF REVISION

Following restrictions have been imposed upon the High Courts power of revision;
a) Limit of punishment where sentence is awarded by magistrate
b) Limit in case of revision against
c) No revision against an order of session judge passed in revision
d) Where appeal lies but not preferred

VII- SECOND REVISION

1994 P.Cr.L.J 2532
Second revision is competent before federal Shariat court.

REVISION BY SESSION COURT UNDER SECTION 439-A

I- MODE OF INSTITUTING REVISION PROCEEDINGS
i) By application of aggrieved person
ii) Suo Motu by the court
II- PROCEEDINGS WHICH CAN BE REVISED
III- DISCRETIONARY POWER
IV- POWERS WHICH CAN BE EXERCISED BY SESSION COURT
1992 M.L.D 42

V- RESTRICTIONS ON POWER OF REVISION

VI- POWER OF REVISION EXERCISABLE BY ADDITIONAL SESSION JUDGE

STATEMENT OF ACCUSED AND HIS COMPETENCY AS A WITNESS

What do you understand by statement of accused? Can accused appeared as a witness and make
statement on oath? Discuss with special reference to provision of law.
Is it obligatory on the part of the accused to appear in the witness box during trial and give
evidence on oath in disproof if the charge? Discuss with reference to the law.

INTRODUCTION
MEANING OF STATEMENT OF ACCUSED
It may be described as under;
Every statement made by accused under section 340(2) or 342 Cr.P.C in order to give explanation
as he may consider necessary in regard to the salient points made against him.
RELEVANT PROVISIONS
Following are the relevant provisions
Section 340(2) Cr.P.C
CROSS REFERENCE
Article 122 of Q.S.O 1984
COMPETENCY OF ACCUSED AS A WITNESS UNDER SECTION 340(2)
REQUIREMENTS FOR ACCUSED TO APPEAR AS WITNESS
Accused can appear as defence witness if following requirements are fulfilled.
I- ACCUSED OF OFFENCE BEFORE CRIMINAL COURT
II- ACCUSED AGAINST WHOM PROCEEDINGS ARE INSTITUTED
III- NOT PLEAD GUILTY
DUTY OF THE COURT
OPTION OF ACCUSED
STATEMENT MADE ON OATH
STATEMENT SHALL BE ACCEPTED OR REJECTED AS WHOLE
P.L.D 1991 S.C 520

STAGE OF GIVING EVIDENCE ON OATH

PROJECTION AGAINST INCRIMINATING QUESTIONS
I- EXCEPTIONS
Such incriminating question be asked to accused in the following cases.
i- To Prove The Offence With Which He Is Charged
ii- Where He Try To Establish His Good Character
iii- Where He Gives Evidence For Any Other Person
CONFESSION
1. What is confession? Who can record it and under what conditions?
2. What procedure is laid down in law in recording confession of an accused person? Explain with
some examples.
3. What is the procedure laid down in recording confession of an accused person? Explain in detail?
4. What is confession? At what stage it can be recorded? What is the procedure of recording
confession under Cr.P.C?
5. What is confession? How it can be recorded? Whether the statement under section 164 Cr.P.C
can be used against an accused and under what circumstances?
INTRODUCTION
RELEVANT PROVISIONS
Section 164, 364 and 533 of Cr.P.C
Article 33 to 43 of Q.S.O
DEFINITION OF CONFESSION
A confession is a statement made by
an accused which must either admit in terms the offence or
at any rate substantially all the facts
which constitute the offence.
KINDS OF CONFESSION
Following are the kinds of confession;
i) Judicial Confession
ii) Extra Judicial Confession
STAGES FOR RECORDING AND MAKING CONFESSION
i) During investigation u/sec 164
ii) During trial u/sec 364

CONFESSION DURING CONFESSION

I- AUTHORITY EMPOWERED TO RECORD
i- Any Magistrate of 1st Class
ii- Any Magistrate of 2nd Class
iii- If specially empowered by Provincial Government.
II- MANNER OF RECORDING CONFESSION
III- TIME TO RECORD CONFESSION
IV- SIGNING OF CONFESSION
V- CONFESSION NOT BE RECORDED ON OATH
PLD 1971 KAR. 299
VI- DUTY OF MAGISTRATE
VII- SATISFACTION OF MAGISTRATE
VIII- MAKING OF MEMORANDUM
IX- MAGISTRATE NEED NOT HAVE JURISDICTION
X- CONFESSION TO BE ACCEPTED OR REJECTED AS WHOLE
1998 P.Cr.L.J 1247
ESSENTIALS OF CONFESSION
Two essential requirements
i- Made voluntarily and
ii- Must be proved during trial
2003 Y.L.R 1481
CONFESSION DURING TRIAL AND INQUIRIES U/SEC 364
1- PROCEDURE
I- CONFESSION TO BE RECORDED IN FULL
II- LANGUAGE OF CONFESSION
III- CONFESSION TO BE READ OVER AND INTERPRETED TO ACCUSED
IV- LIBERTY TO EXPLAIN OR ADD TO ANSWER

V- SIGNING OF RECORD
2- PROCEDURE WHEN CONFESSION IS NOT RECORDED BY MAGISTRATE
a) MAKING OF MEMORANDUM
b) MAGISTRATE UNABLE TO MAKE MEMORANDUM
EFFECT OF RECORDED CONFESSION
RECORDING OF STATEMENT OF AN ACCUSED
What do you understand by statement of accused? Can accused appeared as a witness and make
statement on oath? Discuss with special reference to provision of law.
Is it obligatory on the part of the accused to appear in the witness box during trial and give
evidence on oath in disproof of the charge? Discuss with reference to the law.
INTRODUCTION
AUDI ALTERAM PARTEM
Hear the other side.
RELEVANT PROVISIONS
Section 342 and 364 Cr.P.C
STATEMENT OF ACCUSED UNDER SECTION 342
I- STAGE WHEN STATEMENT OF ACCUSED IS RECORDED
i) At any Stage of Inquiry or Trial
ii) Without Previous Warning
iii) After the Close of Prosecution Evidence
II- STATEMENT SHALL BE ACCEPTED OR REJECTED AS WHOLE
III- NO LIABILITY ON REFUSING TO ANSWER ANY QUESTION
IV- NO CASE OF PERJURY
V- INFERENCE MAY BE DRAWN BY COURT
VI- STATEMENT MADE UNDER SECTION 342 MAY USED AGAINST HIM
VII- NO OATH ADMINISTERED

VIII- MANDATORY PROVISION

MODE OF RECORDING STATEMENT UNDER SECTION 364
Whenever the accused is examined by any magistrate or court other than a High Court under section
342 his statement shall be recorded in the following manner.
I- STATEMENT SHALL BE RECORDED IN FULL
II- LANGUAGE IN WHICH STATEMENT SHOULD BE RECORDED
III- SHOWING OF RECORD TO THE ACCUSED
IV- POWER TO EXPLAIN OR THE ADD TO ANSWER
V- SIGNING OF RECORD
VI- CERTIFICATION BY MAGISTRATE
VII- PROCEDURE WHERE EXAMINATION OF ACCUSED IS NOT RECORDED BY MAGISTRATE
TENDER OF PARDON TO AN ACCOMPLICE
1. Discuss in detail the law relating to tender of pardon to an accomplice.
2. Write a note on tender of pardon. State when it can be tendered and by whom.
3. Who is an approver? By whom and on what conditions pardon can be granted to an accused?
Discuss in detail with reference to law.
4. Who can grant pardon to a person accused of an offence and under what conditions? Is there any
better placed by law on the exercise of powers to grant pardon? What are the conditions to release a
person to whom pardon is granted?
INTRODUCTION
MEANING OF ACCOMPLICE AND APPROVER
i- ACCOMPLICE
ii- APPROVER
RELEVANT PROVISIONS
Sections 337 to 339 Cr.P.C
Cross Reference
Article 16 and 129(b) of Q.S.O 1984
LAW REGARDING TENDERING OF PARDON TO AN ACCOMPLICE
An accomplice may be granted pardon either;
i- During investigation, inquiry or trial under section 337
ii- During trial under section 338

TENDERING OF PARDON DURING INVESTIGATION INQUIRY OR TRIAL UNDER SECTION 337

I- AUTHORITY EMPOWERED TO GRANT PARDON
II- STAGE WHEN PARDON MAY BE GRANTED
III- ESSENTIALS TO GRANT PARDON
Following are the essential requirements to grant pardon to an accomplice;
i) Investigation, inquiry or trial must be in progress
ii) Investigation, inquiry or trial in respect of offences mentioned in section 337
iii) Guilt of the accused not otherwise proved
iv) Accomplice in willing to make statement
IV- PROCEDURE IN TENDERING PARDON
Following procedure shall be followed in tendering pardon to an accomplice;
i) Directly by office in-charge of procedure
ii) Recording of reasons for tendering pardon
iii) Pardon must be granted in writing
V- WHEN PARDON BECOMES EFFECTIVE
VI- PERSON TO WHOM PARDON CANNOT BE TENDERED
VII- EXAMINATION OF APPROVER
VIII- DETENTION OF APPROVER IN CUSTODY
TENDERING OF PARDON DURING TRIAL UNDER SECTION 338
I- AUTHORITY EMPOWERED TO GRANT PARDON
Following authorities can grant pardon to an accomplice;
i) High Court which trying case
ii) Session Court which trying the case
iii) Officer in-charge of prosecution in the District.
II- STAGE WHEN PARDON MAY BE GRANTED
III- ESSENTIALS TO GRANT PARDON
Following are the essential requirements to grant pardon to an accomplice;
(i) Trial must be in progress
(ii) Guilt of accused not otherwise proved
(iii) Accomplice is willing to make statement
IV- PERSON TO WHOM PARDON CANNOT BE TENDERED
VALUE OF EVIDENCE OF ACCOMPLICE
EVIDENCE OF ACCOMPLICE INADMISSIBLE IN HUDOOD CASES

TRIAL OF PERSON TO WHOM PARDON HAS BEEN TENDERED UNDER SECTION 339
I- SEPARATE TRIAL FOR APPROVER
II- PLEA OF PARDON BY APPROVER
The court shall ask the approver before take evidence of the prosecution, whether he pleads that he
has concealed with the conditions on which the tender of pardon was made and if the approver takes
such plea the court will adopt the following procedure.
i) Record the plea and proceed with the trial
ii) Find whether or not the accused has complied with the conditions of the pardon.
iii) The statement made by an approver may be given in evidence against him.
iv) That finding must be made before judgment is passed in the case.
v) If it is found that he has so complied, the court shall pass judgment of acquittal.
VALIDITY OF SECTIONS 337 TO 339-A
P.L.D 1991 FSC 139
APPEALABLE ORDERS AND JUDGMENTS
What orders and judgments are appealable? When appeal directly lies before High Court against
an order of magistrate?
INTRODUCTION
MEANING OF APPEAL
An appeal means removal of a cause from inferior to superior court for the purpose of testing
soundness of decision of an inferior court.
RELEVANT PROVISIONS
Section 404, 405, 406, 407, 408, 410, 411-A, are the relevant provision regarding the concerned
topic.
APPEAL AGAINST ORDERS AND JUDGMENTS UNDER SECTION 404
I- GENERAL RULE
II- EXCEPTION
APPEAL FROM ORDERS
An appeal may lie from the following orders.
I- APPEAL FROM ORDER REJECTING APPLICATION FOR RESTORATION OF ATTACHED
PROPERTY UNDER SECTION 405
FORUM OF APPEAL
II- ORDER REQUIRING SECURITY TO KEEP PEACE OR FOR GOOD BEHAVIOUR
FORUM OF APPEAL

III- ORDER REFUSING TO ACCEPT OR REJECTING A SURETY

FORUM OF APPEAL
IV- ORDER TO PAY COMPENSATION UNDER SECTION 250
V- ORDER OF FORFEITURE OF BOND
VI- ORDER FOR DISPOSAL OF PROPERTY
VII- ORDER TO PAY TO AN INNOCENT PURCHASER OF STOLEN PROPERTY
VIII- ORDER FOR DISPOSAL OF PROPERTY WHEN NO ONE ESTABLISHES HIS CLAIM
IX- ORDER TO RELEASE THE CONVICT ON PROBATION OF GOOD CONDUCT
APPEAL FROM JUDGMENT
I- PERSON CONVICTED IN TRIAL BY 2ND OR 3RD CLASS MAGISTRATE
II- APPEAL FROM SENTENCE OF ASSISTANT SESSION JUDGE OR JUDICIAL MAGISTRATE
III- APPEAL FROM COURT OF SESSION UNDER SECTION 410
IV- APPEAL FROM SENTENCE OF HIGH COURT
DISPOSAL OF PROPERTY
Discuss the Law relating to disposal of property after conclusion of trail regarding which offence
was committed.
Discuss the powers of trial and appellate courts for disposal of property regarding which offence
was committed?
INTRODUCTION
RELEVANT PROVISIONS
Section 517 is the relevant provision.
ESSENTIAL CONDITIONS FOR THE APPLICATION OF SECTION 517
I- INQUIRY OR TRIAL
II- INQUIRY OR TRIAL MUST HAVE CONCLUDED
III- PROPERTY OR DOCUMENT
IV- PROPERTY OR DOCUMENT PRODUCED BEFORE THE COURT IN ITS CUSTODY

V- PROPERTY REGARDING WHICH ANY OFFENCE APPEARS TO HAVE BEEN COMMITTED

VI- PROPERTY WHICH HAS BEEN USED FOR THE COMMISSION OF ANY OFFENCE
MODES OF DISPOSAL OF PROPERTY
I- DISPOSAL BY DESTRUCTION OF PROPERTY
II- DISPOSAL BY CONFISCATION OF PROPERTY
III- DISPOSAL BY DELIVERING OF PROPERTY
IV- OR OTHERWISE DISPOSAL
DELIVERY OF PROPERTY ON EXECUTION OF BOND UNDER SECTION 517
ORDER TO BE CARRIED EFFECT BY THE DISTRICT OFFICER REVENUE UNDER SECTION
517
ORDER NOT TO BE CARRIED OUT UNDER SECTION 517