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Criminal procedure code pakistan pdf

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non-bailable offence or any offence punishable under sections , ,. , or of the Pakistan Penal Code;. (d) the occurrence in or near such village. Procedure (Amendment) Act, (2) It shall come into force at once. Amendment in section 3, Act V of In the Code of Criminal Procedure, (Act V of. In Pakistan the general substantive penal law is contained in the Pakistan Penal Investigation according to the Code of Criminal Procedure, includes all.


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Short title and commencement. (1) This Act may be called the Code of Criminal Procedure, , and. It shall come Into force on the first day of July, The Code of Criminal Procedure, (Extracts). Act No V of CONTENTS. CHAPTER 1. 1. Short title. Commencement. 4. Definitions. 5. Trial of offences. References to Code of Criminal Procedure and other repeated enactments. Words to have same meaning as in Pakistan Penal Code. 5. Trial.

Log In Sign Up. The Pakistan Penal Code, For summary trial the procedure is laid down in Chapter 20 ss. Formulation of opinion as to whether on the material collected there is a case to place the accused before a Magistrate for trial and if so taking the necessary steps for the same by the filing of a charge-sheet under section Intra Court Appeal was dismissed accordingly. If there was information relating to the commission of cognizable offence, it would fall under section Cr. Much law has developed in the light of the judicial precedents such as:

In Pakistan the general substantive penal law is contained in the Pakistan Penal Code, and the general criminal procedural law is contained in the Code of Criminal Procedure, There are special and local laws and there are special jurisdictions of power and special forms of procedure which are not affected by the Code of Criminal Procedure, The Code has no application in such a situation and the provisions of the special or local law govern the procedure in the said situation.

Investigation according to the Code of Criminal Procedure, includes all proceedings under it for the collection of evidence conducted by a police officer or by any person other than a Magistrate who is authorised by a Magistrate in this behalf.

Proceeding to the spot.

Pdf pakistan procedure criminal code

Ascertainment of the facts and circumstances of the case. Discovery and arrest of the suspected offender. Collection of evidence relating to the commission of the offence which may consist of?

Pakistan criminal procedure pdf code

Formulation of opinion as to whether on the material collected there is a case to place the accused before a Magistrate for trial and if so taking the necessary steps for the same by the filing of a charge-sheet under section The term judicial proceeding includes any proceeding in the course of which evidence is or may be legally taken on oath.

Journal Public nuisances, or for the maintenance of wives and children.

It is meant to include everything done in a case by a Magistrate whether the case has been challaned or not. One is called summary and the other is called ordinary or regular. A regular trial and summary trial both are conducted according to the procedure laid down for them. For summary trial the procedure is laid down in Chapter 20 ss.

It is a trial where procedure is the same as prescribed for summons or warrant cases but formal and elaborate or detailed taking down of the evidence and writing down a full length judgment are not required.

In a summary trial if the offence is summons case, evidence is not recorded. Normally in cases which are hotly contested, involve intricate questions of title and possession, necessitate taking of lengthy evidence or requiring a local inquiry to be made are not tried summarily. Much law has developed in the light of the judicial precedents such as: The functions of the judiciary and the police are complementary not overlapping and the combination of individual liberty with a due observance of law and order is only to be obtained by leaving each to exercise its own function, always of course, subject to the right of the Court to intervene in an appropriate case: This could obviously not to be done, for the authority to register and investigate a criminal case in law vests in Police and not in Court.

Ghulam Qasim Khan etc. Such power of police officer continues even after submission of challan in court.

J Lahore, a single bench of High Court had refused quashing of the FIR registered against the accused, by means of the impugned order. Relevant point was that the controversy related to FIR and in such circumstances the Intra Court Appeal was not maintainable.

Intra Court Appeal was dismissed accordingly. SHO had acted legally or illegally, and in case SHO had refused to act, whether his inaction was justified. Proceeding to the spot. Ascertainment of the facts and circumstances of the case. Discovery and arrest of the suspected offender.

Collection of evidence relating to the commission of the offence which may consist of? Formulation of opinion as to whether on the material collected there is a case to place the accused before a Magistrate for trial and if so taking the necessary steps for the same by the filing of a charge-sheet under section The term judicial proceeding includes any proceeding in the course of which evidence is or may be legally taken on oath.

Journal Public nuisances, or for the maintenance of wives and children. It is meant to include everything done in a case by a Magistrate whether the case has been challaned or not.

Pakistan - Code of Criminal Procedure (V of ).

One is called summary and the other is called ordinary or regular. A regular trial and summary trial both are conducted according to the procedure laid down for them.

For summary trial the procedure is laid down in Chapter 20 ss.

Pdf code criminal procedure pakistan

It is a trial where procedure is the same as prescribed for summons or warrant cases but formal and elaborate or detailed taking down of the evidence and writing down a full length judgment are not required. In a summary trial if the offence is summons case, evidence is not recorded. Normally in cases which are hotly contested, involve intricate questions of title and possession, necessitate taking of lengthy evidence or requiring a local inquiry to be made are not tried summarily.

Much law has developed in the light of the judicial precedents such as: The functions of the judiciary and the police are complementary not overlapping and the combination of individual liberty with a due observance of law and order is only to be obtained by leaving each to exercise its own function, always of course, subject to the right of the Court to intervene in an appropriate case: This could obviously not to be done, for the authority to register and investigate a criminal case in law vests in Police and not in Court.

Ghulam Qasim Khan etc. Such power of police officer continues even after submission of challan in court. J Lahore, a single bench of High Court had refused quashing of the FIR registered against the accused, by means of the impugned order. Relevant point was that the controversy related to FIR and in such circumstances the Intra Court Appeal was not maintainable. Intra Court Appeal was dismissed accordingly.

SHO had acted legally or illegally, and in case SHO had refused to act, whether his inaction was justified. Justice of Peace under no provision of law could direct or even observe with regard to the nature of offence, commission of the offence or addition or deletion of relevant section, as the same exclusively fell within the jurisdiction of either the Investigating Officer or the trial court at the time of framing charge.

If there was information relating to the commission of cognizable offence, it would fall under section Cr. Police officer was bound to receive a complaint when it was preferred to him; or where commission of offence was reported to him orally he was bound to take down the complaint. Regarding availability of remedy of private complaint, suffice it to say that allegation levelled by the petitioner would be requiring thorough investigation and question of recovery of fire- arm weapon, allegedly used in the occurrence, would also be probed into and for that reason it would be more appropriate to register the case.