Credit goes to Sir Babar Nadeem
Question 01: Name of each column of Schedule II of Cr.P.C
1) Section 2) offence 3) whether the police may arrest without warrant or not 4) whether a summon or
warrant shall ordinarily issue in the first instance or not 5) whether bailable or not 6) whether
compoundable or not 7) punishment 8)by what court triable
Q.02 Define bailable and non-babilable offences? Which column of Schedule II deals with it?
Bailable offences r those which are shown as bailable in column nu 5 of schedule 2..in these offences bail
is granted as a matter of right..other offences r non bailable...bailable offences are usually less serious
than non bailable offence.
Q. 03 Define "Charge"
4(c) it is precise formulation of an accusation against the accused...
Q. 04 what is difference between cognizable and non-cognizable offence? Which column of
Schedule II deals with it?
In cognizable offence police arrest without warrant and non-cognizable offence cannot arrest without
warrant
Column 3 deals with
Q. 05 Define Complaint
4(h)complaint means allegations made orally or in writing to magistrate with view to taking his action
under this code against a person wthr knwn or unknw has comited an offnce but it does not includ report
of poilc officer
Q. 06 what is difference between inquiry, investigation and trial?
Inquiry means to find out truth by magistrate or any person authorized by magistrate
Trial means the proceedings by any judge which ends on acquittal or conviction of a case
Investigation means collection of evidence by police
Q. 07 what is "Judicial Proceeding"?
4(m) any proceedings conducted under curt in which evidence recorded on oath
Q. 08 Define "Offence"
Any act or omission which is punishable under any law
Q. 09 Define Officer Incharge of a police station
Any person appointed by the provincial government for a police station or any person on its behalf not
less the rank f si Police rule 22
Q. 10 Define Public Prosecutor (V.Imp)
U/s 492 crpc Sec.4 sub sec.t public prosecutor is an officer appointed by provincial govt to assist the court
on behalf of provincial govt under sec.492 crpc
Section 22-25 of Cr.P.C
Q. 11 Who is justice of peace?
The sessions judges and on nomination by them, the nominal sessions judges r justice of peace within
and for whole of the district of the province in which they r serving
Q. 12 What direction may be issued by Ex-Officio Justice of Peace?
JOP has the power to issue appropriate directions to the police authorities concerned on a complaint
regarding non registration of a Criminal Case, transfer of investigation from one police officer to another
and neglect, failure or excess committed by a police authority in relation to its functions and duties.
Q. 13 Landmark Judgment dealing with Ex-Officio Justice of peace
PLD 2005 Lah 470 (Khizar Yahat Case)
Sections 31-35
Q. 14 How you will determine that whether an offence is triable by court of session,
magistrate of ist or second or third class?
Eighth column of 2 schedule
Q. 14 Maximum punishment which may be passed by:
1- Magistrate of First Class
Imprisonment for a term not exceeding three years including such solitary confinement as is authorized
by law; Fine not exceeding forty five thousand rupees; arsh: daman whipping
2- Magistrate of Second Class
Imprisonment for a term not exceeding one year including such solitary confinement as is authorised by
law; Fine not exceeding fifteen thousand rupees;
3- Magistrate of Third Class
Imprisonment for a term not exceeding one month; Fine not exceeding three thousand rupees.
4- Magistrate 30
Any sentence authorized by law except death sentence and imprisonment exceeding 7 years
5- Court of Sessions
A Sessions Judge or Additional Sessions Judge may pass any sentence authorized by law; but any
sentence of death passed by any such Judge shall be subject to confirmation by the High Court.
Q. 15 how following sentences will run?
1- Sentences in more than two offence under on trial (S. 35)
2- Sentences in more than one offence under separate trials (S. 397)
U/s 35, sentences shall run one after the other, shall run concurrently only if specifically ordered
U/s397 sentences also run one after the expiration of other unless court direct subsequent sentence shall
run with previous sentence
Q. 16 In case of consecutive sentences, maximum punishment which may be passed by:
1- Any Magistrate
For magistrate punishment shall not exceed twice the amount of which he is competent to inflict
2- Any other Judge
14 years
Q. 17 What are ordinary powers of a magistrate?
Please consult Schedule III of Cr.P.C for answer
Q. 18 What are special powers of a magistrate?
Please consult Schedule IV for answer....
Sections 46-67
Q. 19 Arrest how made?
A police officer or other person making the same shall actually touch or confine the body of the person to
b arrested.
Q. 20 To what extent a police officer may use force while arresting an accused?
Without causing death unless the accused punishable death or imprisonment of life
Q. 21 under what provision police take defence against an encounter?
46(2)crpc,1898+ Section 100 first of p.p.c is also included with 46(2) c.r.p.c.
Q. 22 What is mode of searching a woman?
arrest of woman by anothr woman with strict regard nd decency sec 52
26.18a police rule is also related to arrest of woman
Q. 23 what provision deals with arrest without warrant?
54 55 56 57 58 59 64 65 151
Q. 24 can an accused be arrested by a private person? If yes, in what cases?
Vagabond
Committed offence
House braker
Q. 25 How an arrested person be dealt with? (Hint Section 63)
Person arrest within 24 hr produce before magistrate and may b discharge under 59 and 63 provide rule
of charge
Q. 26 Can a Magistrate arrest an accused himself? if Yes, in what cases?
under s.64 when offence commited in his presence
Under section 65 any magistrate may at sny time arrest a persin within local limits of his jurisdiction of
any person for whose arrest he is competent at the time and in the circumstance to issue a warrant
Section 68-93-C
Q. 27 How a summon be served when a person summoned cannot be found?
when a person summoned is not found, the summon may b servd by leaving one copy for him eith some
adult member of his family and such person shall signn a reciept therefor on the back duplicate
Q. 28 When "A warrant of arrest" comes to an end?
As it is executed or it is cancelled by court issued
Q. 29 Which provision of Cr.P.C deals with bailable warrant?
Q. 30 What is transitory remand and which provision of cr.p.c deals with it?
Q. 31 Under what provision of Cr.P.C ad interim post arrest bail may be granted?
sec 86 proviso
session judge in whose jurisdiction the accused arrested grant ad interim post arrest bail
Q. 32 What is meant by 87/88 Karwai?
Declaraing an accused absconder and attachment of property
Q. 33 What are grounds for issuing a proclamation under section 87 of Cr.P.C?
Accused conceals himself for execution of warrant and absconded himself
Q. 34 What time shall be given through proclamation to the accused to appear?
Not less than 30 days
Q. 35 When an absconder may be declared proclaimed offender? (V.Imp)
sec 87
when the accused after the publication of proclamation within 30 days don not appear
the curt declare that accused p.o
Q. 36 How a movable property u/s 88 be attached?
Taking possession
appointment of receiver
prohibition of delivery
Q. 37 How a immovable property u/s 88 be attached?
Q. 38 What may be next step after 87/88 proceeding? (V.Imp)
Sale
Q. 39 Can court issue warrant instead of summon?
Q. 40 Can court issue summon instead of warrant?
Hint: Sections 90 and 204 of Cr.P.C
u sec 90 the curt can issue warrant when there is an apprehension of accused being abscond
Q. 40 Under what provision of Cr.P.C court may order an accused for submission of bond?
u/s 91 crpc
curt demand accused for submission of bond
Q. 41 Latest Landmark Judgment on bond?
Section 101-103
Q. 42 What are general provisions relating to searches?
46-49 51 52 96 98 100 102 103 105 165
Q. 43 What is procedure for search? (V.Imp, Section 103)
Section 106-126-A
Section 106-126-A
Q. 44 What is meant by 7/51?
Disturbance of public peace.
Whenever there is apprehension of disturbance of public peace .. by any person or group ... police main
arrest Through QALANDRA such person or that group AND Police/Magistrate may ask for submission of
bail bond for keeping peace.
Q. 45 What is procedure in 7/51 case?
Section 133-144
Q. 46 Define Public Nuisance...
Q. 47 What is procedure in public nuisance case
appliation through advocat general
or application by 2 or more person with the permission ov advocat general
Section 145-148
Q. 47 What provision provisions deals with disputes as to immovable property?
Section 145 is the accurate answer. Correct answer is sections 145 to 148 of Cr.P.C
Q. 48 What is procedure u/s 145 Cr.P.C?
Q. 49 What action may be taken by a magistrate u/s 145 to prevent dispute as to immovable
property? (V.Imp)
Determine the fact of actual possession
Hear the parties
Receiving evidence
Attachment of proprty
Appointment of receiver
Declaration possession
Sections 149-153
Q50. What is section 151?
Arrest to prevent offences
Sections 154-176
Q. 51 What is procedure when an information as to cognizable offence come to court? (V.Imp)
Every information cognizable offence if orally than shall be reduced into writing
Read over the informant
Signed by such person
Entered in book kept by such officer
Q. 52 Which police register deals with F.I.R?
Ist register
Q. 53 What is remedy against refusal to lodge an F.I.R?
Complaint + 22a nd 22b
Q. 54 What is remedy against person lodging a false and frivolous F.I.R?
182 PPC 182/ punishmnt 6 mnth imprisnmnt nd 3000 fine 250 cr.p.c
Q. 55 How many copies of F.I.R and to whom sent?
4 copies, one for PS, one for SP one for complainant and one for magistrate
Q. 56 Which provision of police rules deals with cancellation of an F.I.R?
Chapter 24 rule 7
Q. 57 What is procedure for cancelling an F.I.R?
Q. 58 What is evidential value of an F.I.R?
Not a substantive piece of evidence
Q. 59 What is procedure when information in non-cognizable cases is received?
Write in register of non cognizable offence nd report send to nearest magistrate
Q. 60 Who is competent to investigate in an offence u/s 295-C?
Sp
Q. 62 What is difference between section 154 and section 157? (V.Imp)
154 is information of comission of an offence nd 157 is the suspection of offence
Q. 63 Whether a police officer is bound to record statement of every wtiness examined?
Nt bound
Q. 64 which person may be examined by police officer as witness?
who is aquainted with the facts and circumstances of case
Q. 65 A statement u/s 161 cannot be used for any purpose. What are exceptions to this rule?
1- An accused may use a statement u/s 161 to contradict prosecution witness u/a 140 of Q.S.O
2- If accuses uses that statement, witness may use for re-examination
Q. 66 What type of statements may be recorded u/s 164? (V.Imp)
Any statement or confession
Q. 67 Who is competent to record statement u/s 164?
1- Magistrate of First class or
2- Any Magistrate of 2nd class specially empowered in that behalf by the provincial Government
Q. 68 When a statement u/s 164 may be recorded?
if accused wants to make confession after inquriy or at the stage of trial tell me under which section???
Q. 69 Which provision deals with procedure for recording of statement u/s 164?
Section 364 deals with procedure for recording of statement u/s 164
Q. 70 What is procedure for recording of confessional statement? (V.V.Imp)
Step 01:
1- If accused in handcuff, remove those handscuf
2- Order all irrelevant persons including police officers to leave the court.
Step 02:
First of All Court shall explain to the persons making confessional statement that:
1- He is not bound to make that confessional statement and that
2- If he does so it may be used as evidence against him
Step 03:
Giver accused at 1/2 an hour to think about it
Step 04:
Court will check accused's voluntariness as to making confessional statement by asking following
questions:
Q. Do you understand that you are not bound to make a confession?
Q. Do you understand that your statement is being recorded by a Magistrate and that if you make a
confession, it may be used as evidence against you?
Q. How long have you been in police custody
Q. Do you understand that after making a statement before me you will not be remanded to police
custody, but will be sent to the judicial lock-up?
Q. Understanding these facts, are you making a statement before voluntarily?
Q. What are your reasons for wishing to make a statement?
Step 05:
If court is satisfied accused is making confessional statement voluntarily, court shall record his
confessional statement.
Step 06:
Making of Certificate/ Memorandum at the end that court has fulfilled all above requirements....
Q. 71 What is effect if requirements of section 164 or 364 have not been fulfilled? (V.Imp)
According to section 533 any violation of section 164 or 364 shall not make confessional statement
inadmissible unless it injures the accused as to his defence on merits.
Q. 72 What provisions of Cr.P.C deal with recording of statement of an accused?
1- Section 164 & 364 for recording of accused statement before commencement of trial
2- Section 342 recording of statement during trial.
Q. 73 Under which article of Q.S.O presumption of truth is attached to a confessional
statement? (V.Imp)
Article 91 of Q.S.O
Q. 74 What are safeguards in recording a confessional statement?
Dear Members ager yh question aye tu phr bh ap nay question no. 70 wala procedure betana ha....
Q. 75 What is effect of a retracted confession? (V.Imp)
The mere fact that a confession is retracted does not render it inadmissible in evidence, but the court has
to scrutinize any such confession with utmost care and accept it with the great caution. Rule of prudence
demands that in the absence of some material corroboration it is not safe to convict an accused merly on
his retracted confession
Conviction can be based on the RETRACTED judicial CONFESSION provided it was corroborated by the
independent circumstantial evidence. 2008 SCMR 329
If not corroborated then contained no value in the eyes of law. 199 YLR 2360DB
COURT has to judge that whether it was made voluntarily and without duress, and also qualified the test
of voluntariness, can be used for conviction without looking for any other sort of corroboration. PLD 2006
SC 30
Q. 76 What is the landmark judgment on remand and what principles have been laid down in
it?
Ghulam Sarwar Case (1984 PCr.LJ 2588)
Following are guide lines laid down in this case:
1- Magistrate shall not authorize the police remand except on strong and exceptional ground.
2- Magistrate shall record reasons.
3- Copy of order must send to session judge.
4- After expiry of 15 days magistrate shall requires the police to submit complete or incomplete challan
and in case challan is not submitted, he shall refuse further detention of the accused and shall release
him on bail with or without sureties.
5- Before granting police remand magistrate shall assure about sufficient evidence.
6- No remand in absence of accused.
7- Magistrate shall avoid granting remand at his residence.
8- Opportunity should be given to accused to raise objection.
9- Magistrate shall examine police file.
10- If no investigation was conducted after having obtained remand, the magistrate shall reuse to grant
further remand/adjournment.
11- In case complete challan is not submitted magistrate shall commence trial at strength of incomplete
challan.
12- If challan not submitted within 2 months, the magistrate shall report matter to Sessions judge and
notice to SP Police of district.
13- No remand for sock of cooperation which police.
14- Magistrate shall always give reasons for the grant of remand and adjournment.
Q. 77 What are the grounds for grant of remand? (V.Imp)
1- Accusation is well founded and
2- There is real necessity of accused's corpus for further investigation.
Real necessity of accused's corpus main buht sari cheezain aa jatee hain jesa kh "Recovery karni ha",
"Jesa kh accused k laborty say test karwaney hain" etc etc
Q. 78 How court will determine that accusation is well founded and their is real necessity of
accused's corpus for further investigation?
Following are the documents from where court will determine whether remand is to be granted or
refused:
1- Ziminies, specially last zimini
2- All previous orders of remand
3- F.I.R and other documents availble in the police file....
Q. 79 When remand of a female accused may be granted and what is its procedure?
Remand of a female accused may be given only in Qatl, dacoity and terrorism cases and its procedure is
that:
1- Firstly court shall pass an order with reasons for granting of remand
2- The police officer not allowed to investigate at police station. The female accused shall be investigated
in prison
3- The investigation shall be made in presence of an officer of jail and a female police officer
4- If it is necessary that accused be taken out of the prison, the officer in charge of the police station or
police officer making investigation and not the below the rank of Sub-Inspector shall apply to the
magistrate in that behalf and the magistrate will permit to take female accused out of the prison in the
company of a female police officer appointed by the Magistrate. The female accused shall not be kept
out of the prison while in the custody of the police between sunrise and sun set.
Q. 80 What is main difference between physical remand and judicial remand?
1- In physical remand accused is send back in the custody of police whereas in judicial remand accused is
sent to prison
2- physical remand is granted on the ground that accusation is well founded and their is real necessity for
further investigation whereas judicial remand is granted on the ground that their is reasonable ground
for adjournment or postponment of the case
3- Physical remand is granted by a magistrate of first class where as judicial remand is granted by trial
court
4- In physicil remand, remand of 15 days at once cannot be granted but in judicial remand it may be
granted in one time.
