Pakistan: Code of Criminal Procedure, as amended by Act 2 of. THE CODE It shall come Into force on the first day of July, (2) It extends to 1. The Code of Criminal Procedure, (Extracts). Act No V of CONTENTS. CHAPTER 1. 1. Short title. Commencement. 4. Definitions. 5. Trial of offences. PART I PRELIMINARY. CHAPTER I. 1. Short title Commencement. (2) It extends to the whole of. 2. Repealed. 3.(1) Omitted. (2) Expressions in former Acts. 4.
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Preface Among the procedural law the Code of Criminal Procedure is very important. The Code was come into force in first July, The Code was enacted. Approved By the Law Reforms Committee constituted by the Prime Minister of Pakistan. Section. Existing provision. Proposed provision. Report No. In the Code of Criminal Procedure, (Act V of ), . "Provided that the offences falling under Chapters VII, X, XIII and XIV of the Pakistan Penal.
Where a confession is made before a common man, but he was Magistrate, may be retracted. Admission and confession: When a person kills a person and admits whether he has committed such offence is confession. But where he says that I have committed such offence but it was committed in self-defence is not a confession. Thus confession must be unconditional. Admission does not follow any special procedure as is in the confession cases. A proper procedure is provided under law to record confession.
It may either be made before Magistrate of competent jurisdiction or before police where recovery is made upon on his statement. Extra judicial confession: Extra judicial confession is the weakest type of evidence and normally cannot be made basis for conviction unless coming from unimpeachable source and being corroborated by independent evidence.
Great care is to be taken in placing reliance upon this piece of evidence, which requires the three-fold proof.
Firstly, it is made, secondly, it is voluntarily made, and thirdly it is true. Where prescribed formalities, which aid in ascertainment of voluntariness of confession are not available in respect of extra judicial confession, such confession had necessarily not to be given that much of weight which is accorded to judicial confession.
Judiciary should not interfere with the police in matters, which are within their domain and into which the law imposes upon them the duty of enquiry. 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. Functions of the Court begin when a charge is preferred before it and not until then.
However FIR can be quashed by High Court in its writ jurisdiction when its registration appears to be misuse of process of law.
Although the word of cancellation has not used, but where report says that the accused has been released on his bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fit. If Station Housing Officer leaves the Police Station, policemen come back from patrol, any information of non-cognizable offence is entered in Rozenamcha.
In fact every movement of policemen is endorsed in this document.
Where this document remains unfilled and during the checking it is discovered, it is taken seriously and the person liable is warned. Casual treatment with it leads to strict action. Person charged is liable to provide it for the grant of bail. Whenever cognizable crime is committed, it is put into First Information Report. Public is not required to cater information to police. People are not required to report each and every incident to police if it is cognizable.
Investigation cannot convict.
It is mere source of collection of evidence, which may convict accused, but it is duty of Court. Police Officer cannot convict accused. He is just required to collect evidences, which are to be produced in Court.
Investigation is conducted at the cost of government. If the case is registered and challan is submitted and person who made information is not satisfied with the investigation agencies may withdraw. Police may have join hand with accused.
Arrest of innocent person provides ground for the acquittal of the persons actually involved in crime. Person who is unsatisfied with investigation may put writ petition then prosecution shall be based on petition and not on challan.
Investigation shall be put into gutter.
Code of Criminal Procedure 1898 PDF | Download CrPC Pakistan
Court cannot take action if the case is not within its jurisdiction even offence is cognizable. Competency of Court is important while institution of case.
Inquiry, investigation, and trial are all sources of collection of evidence against the crime committed. It may either be for or against prosecution.
It is mere try to reach to truth thus conclusion. It explores the reality of the report registered in Police Station. Judicial inquiry is another method of inquiry but its copy can neither be demanded nor provided.
Parties are not entitled of copy of investigation. Hamood-ur-Rehman Commission Report is good instance of inquiry, which is concealed so far from public. As far as investigation is concerned, several agencies such as police, FIA, crimes branch, intelligence, or FBI may be involved.
Trial is also collection of evidence. Copy of evidence is provided to accused prior seven days from its finality. It also can be demanded. It helps in defence. Surprise cannot be given to accused. High Court: It is constitutional Court with inherent powers and authority of jurisdiction.
Code of Criminal Procedure (India)
Suo motu is another power of High Court. It is just an eye on agencies. It is also Court of revision, original jurisdiction, appellate, and record. It is Court of original jurisdiction in certain cases where high personality is involved. It has power to give each and every sentence. CrPC available on your website is not updated since 10th of March Sindh Province has made following amendment in it. IV OF Short title and Commencement. In the Code of Criminal Procedure, , in its application to the Province of Sindh, after section B, the following shall be inserted: In case involving the offence of rape- a the DNA testing of the rape victim shall be mandatorily conducted by a Police Officer through the Laboratories recognized by Government of Sindh; b the DNA sample shall be collected from the raped victim within seventy two hours from the time of incident: Provided that if the DNA sample is not collected within seventy two hours, the Police Officer shall make all efforts to collect and preserve the DNA sample within seven days from the date of the rape, for the purpose of investigation of the offence of the rape.
Insertion of sections C and D in Act No. V of Preservation of DNA evidence. Your email address will not be published.
Law and Justice Commission of Pakistan
Notify me of followup comments via e-mail. You can also subscribe without commenting. You are here: Comments Pakistan Penal Code up dated. Very helpful book for Law students. Tnx sir.
Shabbir Thanks for your appreciation. Raja Toqeer Khan Thanks for your appreciation sir. You are great person because you work for the beneficiary of people.P is to represent not the police but the State and this duty should be discharged by him fairly and fearlessly and with a full sense of the responsibility that attaches to his position.
Both the terms discharge and acquittal has been used in the trial procedure of the Magistrate and Session Court. Thus a second revision is not possible.
Territorial Divisions. The charge-sheet to which 12 Sec.
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