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Criminal law procedure, Lecture notes of Criminal procedure

Shaheed Zulifkar Ali Bhutto Institute of Science and Technology (SZABIST)Criminal procedure

Criminal law procedure Criminal law procedure

Typology: Lecture notes

2019/2020

Uploaded on 11/05/2021

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Criminal Procedure Code-I
Final Exam
Asim Hussain BL-0586
Case 1.
FIR won’t be lodged, if lodged are going to be declared groundless. From islamic purpose of view, sexual
relationships are often built up when nikkah. So, agreement of sending the bride to in laws after post-
graduation is void ab inito.
Case 2.
Sohail is residing in lahore, whereas FIR is lodged in jurisdiction of karachi. Sohail so as to prevent
himself from being arrested, he must acquire protective bail from LHC.
Case 3.
No. One bail isn’t enough. Every FIR needs distinct bail.
Case 4.
Police wants warrant to arrest somebody if he’s suspect of non cognizable offence, however on case he
has been suspect of cognizable offense police won’t need warrant to arrest the suspect.
Case 5.
Magistrate u/s a hundred ninety is competent to take the cognizance of robbery, however he’s not
competent to run the wants without previous initial proceedings. Magistrate can forward the case to
session court.
Case 6.
Jameel needs to file FIR, however police is resisting to lodge it. Jameel might formally complain to
superior police officer. And if that’s conjointly not function able, Jameel can move to Justice of Peace u/s
22A, 22B crpc.
Case 7.
Double lodging of FIR isn’t permissible, so as to retain the doctrine of res judicata and pair jeopardy. FIR
won’t be lodged if the grievance is incredibly similar and incident is same as previously described within
the 1st FIR lodged.
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Criminal Procedure Code-I

Final Exam

Asim Hussain BL-

Case 1. FIR won’t be lodged, if lodged are going to be declared groundless. From islamic purpose of view, sexual relationships are often built up when nikkah. So, agreement of sending the bride to in laws after post- graduation is void ab inito. Case 2. Sohail is residing in lahore, whereas FIR is lodged in jurisdiction of karachi. Sohail so as to prevent himself from being arrested, he must acquire protective bail from LHC. Case 3. No. One bail isn’t enough. Every FIR needs distinct bail. Case 4. Police wants warrant to arrest somebody if he’s suspect of non cognizable offence, however on case he has been suspect of cognizable offense police won’t need warrant to arrest the suspect. Case 5. Magistrate u/s a hundred ninety is competent to take the cognizance of robbery, however he’s not competent to run the wants without previous initial proceedings. Magistrate can forward the case to session court. Case 6. Jameel needs to file FIR, however police is resisting to lodge it. Jameel might formally complain to superior police officer. And if that’s conjointly not function able, Jameel can move to Justice of Peace u/s 22A, 22B crpc. Case 7. Double lodging of FIR isn’t permissible, so as to retain the doctrine of res judicata and pair jeopardy. FIR won’t be lodged if the grievance is incredibly similar and incident is same as previously described within the 1st^ FIR lodged.

Both are sections underneath The Code Of Criminal Procedure. This law was created to govern the examination of criminals or suspect one before presenting them before the court. The investigating officers and magistrate police conduct an examination and questioning procedure to gather facts and knowledge regarding the case on that they’re brought in. Section 161 within the Code Of Criminal Procedure.

  1. Examination of witnesses by police. (1) Any police officer creating an investigation underneath this Chapter, or any police officer not below such rank because the government might, by general or special order, visit during this behalf, engaged on the requisition of such officer, might examine orally someone speculated to be acquainted with the facts and circumstances of the case. (2) Such person shall be sure to answer honestly all questions about such case place to him by such officer, apart from queries the answers to which might have a tendency to show him to a criminal charge or a penalty or forfeiture. (3) The police officer might reduce into writing any statement created to him within the course of an examination underneath this section, and if he will therefore, he shall build a separate and true record of the statement of every such person whose statement he records. Section 164 within the Code Of Criminal Procedure.
  2. Examination of witnesses by magistrate. (1) Any Metropolitan magistrate or Judicial jurist might, whether or not or not he has jurisdiction within the case, record associatey confession or statement created to him within the course of an investigation underneath this Chapter or underneath the other law for the present in effect, or at any time afterwards before the commencement of the inquiry or trial: providing no confession shall be recorded by a police officer on whom any power of a jurist has been given underneath any law for the present in effect. (2) The jurist shall, before recording any such confession, illustrate to the person creating it that he’s not sure to confess which, if he will therefore, it should be used as proof against him. The jurist shall not record any such confession unless, upon questioning the person creating it, he has reason to believe that it’s being created voluntarily. (3) If at any time before the confession is recorded, the person showing before the jurist states that he’s not willing to create the confession, the jurist shall not authorize the detention of such person in police custody.

A summary trail is a lot of unlike any regular trials as follows:

  • A summary trial can be led distinctly for determined offenses which are minor in nature though more confounded and genuine nature of offenses is attempted in regular trials.
  • In summary trials, just the substance of proof and the air is quickly recorded yet in regular trials, the proof is recorded cautiously and in full.
  • No formal charge is needed to be outlined by Magistrate in summary trials but yet in regular trials , a proper charge sheet is needed to be drawn up.

Q4.. Rem and is generally brought in custom-based law locales as pre-preliminary confinement. The confinement and rem and of an accused is the way toward keeping an accused, who has been captured is either in police guardianship or judicial authority. In rem and accused is kept in authority without preliminary, is viewed as in logical inconsistency to the possibility that an accused is honest until demonstrated blameworthy and hence pre-trail confinement is typically dependent upon safe watchmen and limitations regarding its allowable period. In circumstances where court can’t be convinced the accused ought to delivered on bail except if the public wellbeing is in danger. According to section 61 of crpc , the exploring police will save the accused in police headquarters for just 24 hours of his season of capture, and from that point, if the investigation of the case isn’t finished, the investigation official apply to the illaqa magistrate for the physical remand of the accused. Section 344 CRPC mulls over remand of the accused in the judicial lock up after inception of the procedures in the court. Section 167 of crpc gives that in specific cases detention in the police care of the captured individual might be allowed so the police may complete investigation and conclude whether to continue under section 169 or 170 of crpc. In any case, before a magistrate can make a request for remand, the accused individual more likely than not been captured by the police with the end goal of offense which is examined and sent to the magistrate.

Public Prosecutor Public prosecutor is a lawyer designated by Government and argue cases for government particularly different crimes against public all in all. For instance: if an individual accused of a criminal demonstration by police, the public prosecutor outlines the charges against him under and argue against him in the courtroom. Defence Counsel A safeguard lawyer is delegated by singular customer and take expense from his customer and attempt to shield his customer clearly. Simultaneously, the accused individual may select a lawyer who is called as a guard lawyer and attempt to secure to his customer on similar charges.

Framing of charge. One essential necessity of a reasonable preliminary in criminal jurisprudence is to give exact data to the accused regarding the allegation against him. This is crucially imperative to the accused in the arrangement of his safeguard. In all preliminaries under the Criminal Procedure Code the accused is educated regarding the allegation in the first place itself. If there should arise an occurrence of genuine offenses the Code necessitates that the allegations are to be planned and diminished to composing with extraordinary accuracy and lucidity. This “charge” is then to be perused and disclosed to the accused individual. The motivation behind outlining a charge is to offer insinuation to the accused of clear, unambiguous and exact notification of the idea of allegation that the accused is called upon to meet throughout a preliminary. Possibly it is a warrant case or a request case, the fact of the matter is that an at first sight case must be made out before a charge can be outlined. Charge fills the need of notice or hint to the accused, attracted up as indicated by explicit language of law, giving clear and unambiguous or exact notification of the idea of allegation that the accused is called upon to meet over the time of Trail.