CrPC Notes

7/23/2019 CrPC Notes

http://slidepdf.com/reader/full/crpc-notes 1/16

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 otherperson 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 personi- 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 writingii- 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, oriii) 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 UNDERSECTION 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 Court’s 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 courtII- 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 withsome 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 1247ESSENTIALS 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 ReferenceArticle 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 PARDONFollowing 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 writingV- 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 hehas 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 139APPEALABLE 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 offencewas 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

CrPC Notes

Documents

Transcript of CrPC Notes