Criminal Procedure Code 1898

)‫ضابطہ فوجداری (ض ۔ ف‬

Section 4
Cognizable offence:(‫)جرم قاب ِل دست اندازی پولیس‬
Police has the power and responsibility to arrest the accused without the
permission of court or warrant. Police may arrest without warrant. These are
also known as arrestable offences.

What is the yardstick?

Schedule 2 Column 3 CrPC provides such list with this wording “whether arrest
without warrant or not?” These are always serious offences. If the punishment
provided for the offence is fine only, it is not cognizable. Abetment of
cognizable offence is also cognizable.

Non Cognizable offence:(‫قابل دست اندازی پولیس‬

ِ ‫)جرم نا‬
Police may arrest only with the permission of the Court. Police may not
investigate without order of the magistrate. These are usually offences petty in
nature. Guideline is Schedule 2 Column 3.

Police Station (‫)تھانہ‬:

Place must be declared as police station by the provincial government through
notification. There must be a lockup in such premises in order to keep accused
in custody. Usually, it has iron bars. There must be register of the FIR.
Note: Chowki (sub-police station) is NOT Police Station. Because there is no
register of FIR. Everything else is same but FIR is sent to Police Station and
registered there. It is sub police station of another Police Station.

Officer in-charge of Police Station (‫)تھانیدار‬:

It is commonly known as Station House Officer (SHO). Any person (officer) may
be SHO who is not below the rank of constable. In absence of SHO, next officer
junior to him will be SHO. Usually, provincial government direct such
appointment through high officials of police. SHO is not a service rank. It is an
administrative responsibility.
 Classes of Criminal Courts in Pakistan under section 6 - 45 CrPC

This chapter of CrPC prescribes, the classification of criminal courts and its
powers. It also specifies the maximum limit of punishment which may be
awarded buy these courts.
This chapter also prescribes, the special kind of jurisdiction and general
powers of such courts (miscellaneous jurisdiction).

Classification of Criminal Courts:

There are 3 classes of criminal courts under CrPC.
i. Court of Magistrates.
ii. Court of Sessions.
iii. High Court as criminal courts.

i. Court of Magistrates:
Following are the kinds of magistrate under CrPC:
a) Magistrate 3rd Class/ MIIIC:
Such Magistrate may award imprisonment of one month maximum and
fine of rupees 3000 maximum.
b) Magistrate 2nd Class/ MIIC:
Such Magistrate may award imprisonment of one year and fine of
rupees 15,000 maximum.
c) Magistrate 1st Class/ MIC:
Such magistrate may award imprisonment of three years and fined of
rupees 45,000 maximum.

 These limits are mentioned in section 32 of CrPC.

 The Magistrate First Class may be empowered specially under section 30
CrPC. He may award imprisonment for seven years maximum.
 There may be special judicial magistrates or executive magistrates.
These are officers of provincial government specially empowered under
 CrPC for the purposes of criminal matters. The provincial government
may delegate such powers. The concerned notification or concerned law
on the subject shall be followed.

ii. Court of Sessions:

There shall be one Sessions Judge of the District (Sessions Division). He shall be
in charge of the district judiciary. He shall be subordinate to provincial High
Court. There may be Additional Sessions Judges in the district, tehsil or sub-
tehsils. As per requirements prescribed by provincial High Court. Any
additional sessions judge may be designated as visiting judge of any tehsil or
sub-tehsil for fix days.
Court of Sessions is court of Ultimate jurisdiction, which means it may award
all kinds of punishments including the death punishment. However, such
jurisdiction is already prescribed in the law. Sessions Judge or Additional
Sessions Judges have some judicial powers. However these Sessions Judge may
assume some administrative powers in the addition to the judicial powers, for
example; distribution of cases (marking).

Kinds of Jurisdiction:
The Court of Sessions has following kinds of jurisdiction:
1) Original Jurisdiction:
It is Court of ultimate jurisdiction and may award death sentence. This Court
may hear the cases (trials) directly according to the parameters prescribed by
CrPC, for example, international murder case.
2) Appellate Jurisdiction:
The Court of Sessions may hear the appeals against conviction awarded by
Court of Magistrates.
3) Revisional Jurisdiction:
The Court of Sessions may hear the cases against the orders of Court of
Magistrates in cases where right of appeal has not been provided to the
parties.
 Note: Court of Sessions cannot hear the appeal against acquittal.

iii. High Court as Criminal Court:

High Court have following kinds of Jurisdiction;
i. Appellate jurisdiction:
The High Court may hear the appeals against conviction and acquittal awarded
by Court of Magistrates and Court of Sessions.
ii. Original Jurisdiction:
It is Court of ultimate jurisdiction and may award death sentence. This Court
may hear the cases (trials) directly according to the parameters prescribed by
CrPC, for example, international murder case
iii. Revisional Jurisdiction:
The High Court may hear the cases against the orders of Court of Magistrates
in cases where right of appeal has not been provided to the parties.

 Special Courts may be established and these Courts may be treated as

Court of Magistrates or Court of Sessions. Usually special courts are equal
to Court of Sessions but such status shall be declared by the special law
which creates these courts.

Justice of Peace:
Every criminal court has status of ex-officio justice of peace. Justice of Peace
may take notice of:
1. Neglect
2. Failure
3. Excess committed by police
4. Illegal harassment by public servant
5. Non registration of criminal case in cognizable offences.
Usually these powers are exercised by the Court of Sessions.
Under section 35 CrPC, the Court of Magistrates may award more than one
sentences in single FIR if more than one offences have been proved. In such
cases, Magistrate may pass order as under:

“All the sentences shall run concurrently or consecutively (one by one)”

Important Provisions:
 Section 6 (Classes of Courts). Only names of Courts, no explanation
 Section 9 (Court of Sessions). Only names and jurisdictions
 Section 22 (A/B) Justice of Peace
 Section 31, 32 (Powers of all Courts)
 Section 35 (concurrent and consecutive)
 Section 41 (Provincial Government Executive Jurisdiction)
 Section 45 (Police may seek assistance of local persons)
 Arrest

Section 46
Arrest:
A police officer or any authorised person may arrest. He shall actually touch or
confine that or the required person. The required person may submit to
custody (surrender). If the required person forcibly resist, the officer may use
all means to effect the arrest. Under this section, death of the required person
cannot be caused for the purpose of arrest.
Note:
If the required person is accused of offence punishable with death or
imprisonment for life, death may be caused for the purpose of arrest in case of
resistance but it is the duty of the police to prove this fact. The violation of
legal parameters is not allowed in this regard.
“All means” examples are handcuff/rope etc.

Section 47
Search of place for the purpose of arrest:
The officer shall reason to believe that required person is present there, free
ingress is allowed. Public shall facilitate for such purpose.

Section 48:
For such purpose, if reasonable time is not available, the place entrance maybe
broken. If women are present there, police is bound to give her reasonable
time to exit that place (breaking open zenana)

Section 49:
Windows or doors may be broken for such purpose.
Section 51,52
Search of arrested persons:
Search of arrested persons is necessary. If the accused is female, male officer
cannot search her. However, personal search through lady police officer is
allowed. If female police officer is not available, help of local ladies is allowed.
Search memo/seizure memo shall be prepared.

Section 53
Power to seize weapons:
If at the time of arrest, the arrested person has a weapon, the police will seize
the weapon and make a seizure memo.

Section 53 A:
Whenever arrested person is accused of sexual offence, his medical
examination shall be conducted immediately by a registered medical
practitioner in the hospital run by the government or local authority. Such
medical examination shall be conducted immediately without any delay. The
medical practitioner shall prepare a report in this regard which shall contain
the following data;
 Particulars of the accused
 Age of the accused
 Marks of injury (if any).
 Material obtained for DNA profiling
 Other reasonable details
Such medical report shall be forwarded to the investigating officer. The
investigating officer shall forward it to the magistrate through public
prosecutor.
 Arrest Without Warrant

Section 54 (1st Category):

There are following 9 circumstances in which any police officer may arrest a
person without warrant;
1. When any person has concern in any cognizable offence as accused, for
example, murder.
2. When any person is possessing implement (tool) of house breaking, unless
he has no reasonable explanation (legal justification).
3. When someone has been declared as Proclaimed Offender (PO). The PO
may be declared by the provincial government or by court.
4. Anybody who is suspect to possess the stolen property.
Note: Ignorance of offence is no excuse. If he has reasonable explanation he
may be released.
5. Anyone who obstructs police officer from doing his duty or anyone who has
escaped from police custody.
6. Deserter – Fauji Bhagora
7. Anyone who is fugitive and has committed offence abroad.
8. If someone has been released from jail on some conditions, but he breaks
such condition.
9. A person required by police of another area and of such requisition is
received by local police.
Under circumstances of section 54, any police officer may arrest a person.

Section 55 (2nd Category):

The SHO may arrest following persons without warrant;
1. Anyone taking precaution to conceal himself.
2. Any person who has no ostensible means of subsistence and he cannot give
satisfactory account of himself.
3. Any person who is by repute a habitual offender, robber, housebreaker,
thief, receiver of stolen property, or extorter.
Schedule II Column 3 (3rd Category):
This column describes that arrest may be made without warrant.

Section 57 (4th Category):

When any person refuses to give his name, address, and other particulars if
asked by the police, he may be arrested without warrant if police believes that
he is likely to commit cognizable offence. Police may detain him till verification.

Section 151 (5th Category):

Any person who is designing to commit an offence (cognizable) maybe
arrested without warrant as preventive measure.

Section 401 (6th Category):

Bail after conviction:
If anyone released on condition by suspending the sentence and the condition
is that he shall appear before the court at the time of hearing of appeal and
breaks such condition, he may be arrested without warrant
 Information in Cognizable Cases
First Information Report (FIR)

Section 154:
If cognizable offence has been committed;
 Information shall be given to concerned a SHO.
 He should reduce the information in writing.
 He may write it himself or may depute such duty to his subordinate.
 It shall be signed or thumb marked by the informant/complainant ((
‫مستغيث‬/‫مدعی‬
 It shall be read over and explained to the informant.
 This information shall be entered into a book (register) kept in Police
station, commonly known as Register or Register of FIR.
 The police officer cannot refuse to register the case of cognizable offence.
 If the police officer refuses, the party may avail the remedy under Section
22 A/B CrPC (Justice of Peace).
 FIR is a public document which shall remain in proper custody of a public
servant and anyone can obtain copy of the FIR after adopting the prescribed
procedure (on payment of usual charges for such purpose).
 FIR may be used to support the prosecution case or to be contradict the
evidence of informant at the time of crime. So this document has
importance for all parties to the case.
 FIR only sets the law into motion and it is not a substantive piece of
evidence.
 Such information may be communicated orally or in writing.
 FIR, or maybe lodged (registered) promptly or with delay.
 If it is delayed, delay shall be reasonably explained. Unexplained or
inordinate delay makes the FIR doubtful. However, it cannot vitiate the
right to register the FIR, which means no limitation period has been
prescribed by law for reporting the crime to the police.
 FIR after preliminary investigation in cognizable offences is inadmissible.
 If such information has been provided by a woman who is victim of section
336B of PPC (hurt through corrosive material), section 354, 354A PPC (to
outrage modesty of women), section 376 PPC (rape) and section 509 PPC
(intimidation through sexual harassment), such information shall be
 recorded in presence of a female police officer or female family member of
such victim or any other person with her consent. Such information shall be
recorded at her residence or convenient place of her choice.
 Four copies shall be prepared as under;
i. one shall be kept in the register
ii. one shall be sent to area magistrate
iii. one shall be annexed with the file of investigation
iv. one shall be handed over to the informant.
Note: Copy to the informant shall be provided free of cost.

Sketch of FIR:
 FIR number
 Police station
 Year
 District
 Date and time of occurrence.
 Date and time of information received by police.
 Particulars of the first informant
 Offences made out from such informant.
 Place of occurrence
 Distance between place of occurrence and police station along with the
direction.
 Particulars of the person who recorded the FIR.
 Story (detail of facts)
 Police proceedings
 Signature of authorised officer along with the complainant.

Modes of Information:
1. Fard Bayan (‫)فرد بیان‬:
If information has been provided orally out of the police station, it shall be
reduced into writing. This document is known as “Fard Bayan”. It shall be
converted into formal FIR.
2. Istighasa (‫)استغاثہ‬:
 If information has been provided in writing out of the police station, it is
called as “Istighasa”. It shall be converted into formal FIR.
 If information has been provided in writing within the police station, it is
also called as “Istighasa”. It shall be converted into formal FIR.

Section 155
Information in non-cognizable offences:
If information relates to non cognizable offence, the police shall enter the
substance of the information in the book kept in police station. Such
information shall be referred to the magistrate. Police can only investigate the
matter after permission (sanction) of the magistrate.
Note:
If the police discloses both kind of offences, procedure of cognizable offences
shall apply.
 Investigation

Section 156
Investigation into cognizable offences:
According to section 156 CrPC, if the offence has been committed and section
497 or section 498 of PPC is applicable, the complaint shall be made by the
husband of the woman or by some person who had care of such woman.

Section 156A/B:
According to section 156A/B CrPC if the offence relates to section 295C PPC or
Zina bil Raza under Hudood laws, only Superintendent of Police (SP) can
investigate the matter.

Section 157, 158, 159:

The investigating officer may visit the place of occurrence, collect all evidence,
report to his high officials and the magistrate also. He may depute his duty to
any of his subordinate. According to section 156C CrPC DNA report is necessary
in rape cases, but sample may only be collected with permission of the victim.

Section 160
Power to require attendance of witnesses:
The police has power to require attendance of witnesses. Any person who has
some knowledge about the case can be called by police in this regard
(acquainted with facts of the case). Police may call the person verbally or in
writing. This fact shall be brought on the record of the investigation. The
person so called is bound to join the investigation. If he does not join without
legal justification, he may be proceeded legally for such disobedience.

Section 161
Recording statement of witnesses:
During investigation, statement of the witnesses shall be recorded under the
section. These statements shall be recorded without oath. The witness is not
bound to sign or thumb mark such statement. Statement under this section
shall be recorded when the person is supposed to acquainted with the
information which will be necessary, relevant and helpful for progress of the
case under investigation.
The witness shall state verbally and the investigating officer (IO) shall reduce it
into writing. If any statement has been given in writing, even then procedure
under section 161 is mandatory. The witness in favour of accused may also be
examined under this section. The supplementary statement of any witness or
another statement of the same witness who has already stated under this
section, may also be recorded under the same section. During recording of
such statement, the police can put any question to him and the person is
bound to answer.
Statements under this section shall be recorded without delay. The delay
statement without cogent justification makes the statement doubtful and it
will lose its sanctity. Copies of such statements will be attached with the
judicial file/challan of the case. These copies shall be delivered to the accused
by the trial court at the commencement of the trial. These copies shall be
provided to the accused by the trial court free of cost.

Section 162:
These statements may be used by accused for contradiction with the
statement of the witness at the trial stage if he adds or omits any fact during
recording of his examination-in-chief. This procedure is practically known as
confrontation and this statement may be exhibited as defence document.

Section 163:
The police officer or any other authorised officer is not allowed to offer, induce
or cause pressure to give statement by the witness under Section 161 CrPC.
Note:
1. If the case relates to section 336B, section 354, section 354A, Section 376 or
section 509 PPC, the female victim shall record her statement under Section
161 CrPC in presence of female police officer or female family member or
other person of her choice.
2. According to section 161A CrPC, if the offence relates to rape etc. Provincial
Government is bound to inform the victim that victim has right to legal
representation and in such cases free legal aid may be provided to the
victim. The lawyer shall be informed by police for such purpose among the
list maintained by provincial bar councils for such purpose.
Section 164
Power to record statements and confessions:
Any magistrate of first class and magistrate of second class, specially
empowered by the provincial government, has jurisdiction under the section.
Statement of witnesses may be recorded under this section. Confession of the
accused may be recorded under the section.
Section 164 CrPC is applicable at this stage of investigation or afterwards, but
before the commencement of inquiry or trial. According to High Court Rules
and Orders, Volume 3, the purpose of Section 164 CrPC is to secure the reliable
piece of evidence at this stage by the judicial officer.
If this statement has been recorded by the magistrate and accused his present
there, opportunity for cross examination shall be provided to the accused at
this stage. If confession has been recorded, the procedure of Section 364 CrPC
shall be adopted by the magistrate.
Note: The proceedings under this section shall be conducted on oath. If the
person is minor, proceedings under this section are allowed but oath shall not
be taken.
Confession shall be explained by the court to the accused. The magistrate is
bound to explain that accused is not bound to make such confession and such
confession may be used against him.
The confession shall be made with free consent (voluntarily).
The police will not be present there. If accused is already in custody of police,
the handcuffs shall be removed and police officer shall be sent out of the
courtroom. Confession shall be signed and thumb marked by the accused. It
should also be signed by the magistrate.
It is not necessary for purpose of this section that magistrate should have
jurisdiction in the case.
Note: The magistrate shall make a memorandum (certificate) at the foot of the
confession by writing that legal requirements have been complied by the
magistrate.
Section 164A:
Medical examination of victim of rape, etc.:
If the offence relates to sexual abuse under PPC, the female victim shall be
medically examined by a female registered medical practitioner. In such cases,
medical examination of victim (male or female) shall be conducted
immediately after commission of offence. The female victim shall be escorted
by a female police officer or a family member to the place of medical
examination. The registered medical officer after conducting the medical
examination, shall prepare a detail report prescribing the following
information;
 Particulars and age of the victim
 DNA profiling material
 Marks of injury (if any)
 General mental condition of victim
 Reason for conclusion of the medical opinion
 Duration of medical examination shall be mentioned
This medical report shall be forwarded immediately to the investigating officer,
who shall forward it to the magistrate without delay. This report shall be
attached with the final report of the investigation under section 173 CrPC.
Note: Consent of the victim or natural guardian or legal guardian is necessary
for medical examination.

Section 164B
DNA Test:
DNA profiling of the victim with consent and profiling of accused shall be
completed and the material collected shall be sent to the forensic laboratory
for its examination. Degree of secrecy shall be observed.