Bail Before arrest

Introduction
Bail is a security for due appearance of a prisoner to
obtain release
Relevant provision 498 CrPc
Bail before arrest
It is granted before arrest as the court may think that the
accused has been wrongfully implicated
Court having power
1. Court of session
2. High court
Condition
1. Imminent arrest
2. Humiliation / injury to reputation
3. Otherwise deems fit to the court
Physical surrender
Petition to court of session
Where bail before arrest is granted
1. Case of further inquiry
2. Personal enmity between the parties
3. Insufficient evidence
4. Child
5. Female
6. Old man
7. Bad faith of police
Where bail before arrest is refused
1. Habitual offender
2. Previously convicted
3. Abscondence of the offender
4. Tempering of evidence
Bail before in bail able offence and non bail able
offences
1. Bail may be granted in bail able offence
1. Bail in case non bail able offence may also be
granted may not be granted

Arrest without warrant

Introduction
Generally a police officer can not apprehend with out
warrant any person
Relevant provision
Scheduled II column III CrPc
Arrest: means depriving a person of liberty by legal
authority.
Reason for arrest with out warrant
2. Matters of public importance
3. Obtaining of reasonable information about offenc
Arrest without warrant
Any police officer may arrest the following persons
1) Cognizable offence
2) Person having house breaking implement
3) Proclaimed offender
4) Person with stolen property
5) Person obstructing police officer
6) Deserter from armed forces
7) Escaped prisoner
8) Offence of extinction
9) Planning of cognizable offence
10) Suspension of remission
Officer in charge of police station may arrest the
persons in the following offences
1) Person trying to conceal himself
2) Person with no substance
3) Habitual offender
Private person may arrest the following offenders
1) Proclaimed offender
Magistrate may arrest the following offender
1) A person commits crime in his presence
2) When he can issue warrant

Conditional bail
When condition of security are met, the court may grant
the bail.

Introduction

Application by lower court

High court may transfer criminal cases if lower courts app

High court has been empowered u/s526 to transfer

criminal case from one court to another court. It is
justified in section 526 CrPc are fulfilled
Relevant provisions
Section 526
Cross reference Section 527 Section 528
Types of transfer of criminal cases
A criminal cases may be transferred by the following
authorities
2. High court under section 526
3. Provincial government u/s 527
4. Session judge u/s 528
Transfer criminal case by high court u/s526 CrPc
High court has empowered to transfer criminal case
before its subordinate court to an other court of equal
or superior jurisdiction or try itself
Object of section 526 CrPc
Section 526 has two fold objects
a. To provide convenience to the parties
and witnesses.
b. Justice should not be done beyond all
doubts
Modes of transfer u/s 526 CrPc
1. Application by person interested
i.
Any person making FIR
ii.
Complainant
iii.
Aggrieved person
iv.
Provincial govt
v.
State
2. Application by lower court
3. Sue moto by high court
Application supported by affidavit
Every application shall be supported by affidavit
Exception
When the applicant is advocate general affidavit in
not necessary
Application made by accused
When an application makes by accused then court
direct to him to execute a bound with or without
sureties xxxxxxxxxxxxx
False or vexations application
When high court is opinion that application is false it
may direct the applicant to pay sum not exceeding Rs
500 to person opposing by of compensation
Application by lower court
Classes of criminal cases
Section 6 CrPc describes the various classes of
criminal courts

to it.
Suo moto order
High court is empowered to transfer criminal cases on its
own initiate
Grounds for transfer of cases
1. Fair and impartial trial not possible
2. Unusual difficulty in question of law
3. Where scene of offence is necessary
4. General convenience to the parties or witness
5. Expedient in end of justice

ii)

When the impugned order is illegal

9. Power of habeas corpus

Each class of court enumerated in this section is

different form the other
Relevant provision section 6 to 41 CrPc
Various classes of criminal courts
i)
High court
ii)
Court of session
iii)
Court of magistrate
iv)
Court constituted under any law other than
this code for the time being
HIGH COURT
The highest court of criminal appeal or revision for a
province
Creation of high court
High court is a creation of constitution 1973 of
Pakistan
Appointment of judge of high court
The appointment made by the president after the
consultation with chief justice.
1. Power to pass sentence
A high court may pass any sentence authorized
by law i.e. death sentence
2. Power to direct further inquiry or take
additional evidence
The high court has the power in reference u/s
375 to order further inquiry may be made or
additional evidence may be taken
3. Power to confirm sentence of death
When death sentence is passed by session court it
must conformed by high court
4. High court can pass another sentence any case
submitted u/s 376CrPc for further inquiry the
high court may pass any other sentence
warranted by law.
5. Power to acquit accused
Where court of session pass sentence of death
and submitted to high court for confirmation the
sentence and the high court may acquit the
accused.
6. Power to annul sentence
7. Power to order new trial
8. Power of revision
i)
When there is clear failure of justice

COURTS OF MAGISTRATE
Classes of magistrate.
1. Magistrate of first class
Power of magistrate of first class
The magistrate of first class can try all offences

Section 491 CrPc empowers the high court to issu

direction of the nature of habeas corpus
10. Power to grant bail
u/s 496-497 and 498 concurrent jurisdiction is
vested in the high court to release on bail before
arrest or protective bail
11. power to transfer case
u/s section 526 high court has power to transfer
criminal case from one to another court or try
himself
12. inherent power of high court
high court has power to prevent abuse of the
process of any court
COURT OF SESSION JUDGE
the provincial government can establish a court of sessio
court of additional session judge
the provincial government may also appoint additional
session judge to exercise jurisdiction in one or more such
court
jurisdiction of assistant session judge
court of assistant session judge to exercise jurisdiction in
one or more courts
limitation of sentence
Note assistant session judge can not pass sentence of deat
or imprisonment for a term exceeding seven years
Power of session court
1. Power to try offence
Session court can try and pass sentence authorize
by law.
2. Power to award an death sentence
Session judge and additional session judge can pa
sentence of death but such sentence shall be
subjected to high court
3. Power to acquit the accused
At any stage before conclusion of trial court can
acquit the accused at any stage after the hearing o
the accused. There is no chance for the accused
convicted of any offence.
4. Power of revision
Session judge has the revisional power vesting u
439 (A) order pass by high court
5. Power of habeas corpus
Session judge and additional session can exercise
power of to issue directions of the nature of habea
corpus

except death sentence

Punishment: Not exceeding three years
Fine: Not exceeding three 4500
Whipping: May punish with sentence of
whipping
Power to combine sentence: Any lawful
sentence combining of the sentence which it
is authorized by law
Jurisdiction: The jurisdiction of such
magistrate shall enter though out the district
2. Magistrate of second class
Power of magistrate of second class
Punishment: Imprisonment for one year
Fine: Can charge fine up to 1500
In default of fine: can award sentence
3. Magistrate of third class
Power of magistrate of third class
Punishment: Imprisonment for one month
Fine: Can charge fine up to 300 hundred
Additional power: is specified in fourth
schedule

Charge framing
Introduction
It is a general rule that a person should form charge
before conviction, in order to give full notice of the
offence against him charge
It must be conveyed to the accused precisely as possible
Relevant provisions

new or altered charge such sanction shall be obtain

otherwise case shall not be proceeded
Previous charge with one and convicted for other

Section 221, 222, 223, 227, 228, 220, 2237, 238

Charge means
It is precise information for specific accusation made
against a person
Object of framing charge
The object of framing charge to enable the accused to
know the particular against him, to ready defend his case
Essential of framing charge
I.
Offence to be stated
II.
Description of accused
III.
Definition of offence
IV.
Section of law
V.
Compliance with substantive requirement of
offence
VI.
Reduced in writing
VII.
Previous conviction of Pakistan penal code
VIII. Particular as to time and place
It is necessary that charge should contain
particulars as to
i.
Time offence
ii.
Place of offence
iii.
Person against whom offence has
been committed
iv.
Things against whom offence was
committed
IX.
Gross sum of offence
Gross sum of offence can be stated in respect
of the following offence
Criminal breach of trust
Misappropriated of money
Note
When accused is charged with above
mentioned offence no exact date is necessary.
Manner of committing offence
When the particular mentioned in section 221
and section 222 dont give the charge to the
accused with which he charged

The magistrate shall give in the charge such

particular of manner
When previous sanction is necessary for the
Revision under CrPc
Introduction
A re-examination/careful reading over for
correction/improvement to avoid miscarriage of
justice
Relevant provision
439-A revisional jurisdiction by session court.
439 revisional jurisdiction by high court
Revision by session court 439 A
i)
By application of aggrieved party

sec 236
Offence for which person might have been charged
When it is doubtful what offence has been committed
If single Act or series of act of such a nature
Amendment or alteration of charge sec 227
The court may alter or to add charge at time before
judgment is pronounced
Modes of amendment
a. Upon it own motion
b. On the application by the party
Charge not prejudice the accused or
prosecution u/s 228
The addition made to the charge is not likely cau
prejudice to the accused in his defense or in the
prosecution in conduct of the case
Charge prejudice to the accused or prosecutio
If new or altered charge is framed
Direct to new trial
Adjourn the trial for such necessary
period.

ii)
Suo moto by session court
1. Discretionary power
2. Same powers as exercised by High court
Second revision
Where in its revisional jurisdiction, an order is
passed by session court, the second revision lies to
Federal Shariat Court
Revisional jurisdiction by high court 439
1. By aggrieved person
2. Any other person
3. Suo moto by high court
Discretionary powers
Power exercisable in revision by high court
Power u/s 423.
a) Revision against acquittal
i)
Further inquiry
ii)
Retrial of accused
iii)
Send to high court/ session for trial
pass sentence
Note acquittal can not be converting in conviction.
In case no appeal by govt or accused, it can do so in
appeal
b) Revision against conviction
i)
Reverse/ set aside, acquit, discharge
ii)
Send for trial to court of competent
jurisdiction/ subordinate court
iii)
Uphold sentence
iv)
Reduce sentence
u/s 426 Suspension of sentence pending
revision
u/s 427 CrPc Arrest of accused in revision
from acquittal
u/s 428 Taking further evidence
u/s 438 Power t order pardon
Bar on greater punishment
Note
Where an appeal lies but no appeal is brought,
then no proceedings by way of revision shall be
entertained (petition revision is dismissed)
Framing of charge
Relevant provision u/s 221, 222, 223, 227,
228,229,237,238.
To charge a person means to accuse them of
some offence hence charge is a formal
recognitions of solid/concurrent accusations by a
magistrate based upon complaint or information
against accused.
Object

Difference between appeal and revision, review

As to meaning :
Appeal means removal of a cause from an inferior to a
superior court for the purpose of testing soundness of
decision of inferior court.
Revision means a re-examination or careful reading ov
for correction
Review means judicial re-examination
As to relevant provision
Section 404, to 431 of CrPc deals with appeal
Section 439, 439 A deals with revisional jurisdiction
Review is not available in CrPc except to correct cleri
error u/s 369 of CrPc
Criminal courts have no power to review its final judgmen

To enable the accused to know the particular

allegations against him to be ready to defend his
case
Contents of charge u/s 221
1. Name of offence
2. Description of offence
3. Definition of law
4. Section of law
5. Compliance with substantive law
It must not fall within the exception of the
code
6. Reduce in writing
7. Language of the court
8. State previous conviction of there is any,
9. Time place etc. of offence
Amendment /alteration of charge u/s 227
The court may alter or add any charge before
judgment
Mode of amendment
Suo moto
Application of prosecution
prejudice cause to accused to altered/add charge
Note : if the altered / add charge cause prejudice to
accused the court may order new trial u/s 229
If the altered added charge does not prejudice to the
accused, the court may continuo with same trial u/s
228
Separate charge for distinct offences
Every charge shall be tried separately

Compoundable offence under section 345 CrPc

Relevant provision 345 CrPc
Any offence in which compromise is legally allowed/
settled between the parties is called compoundable
offence.
Essentials of compoundable offences
1) Compoundable offence
The offence must be compoundable, stated in
section 345 (1) or 345 (2)
345 (1) with out court permission

As to scope ;
Appeal is wider whereas scope of revision and review
limited than appeal.
As to object:
Appeal To test the soundness of decision of an inferior
court.
Revision is to enable the court to correct errors of
jurisdiction committed by the subordinate court
Review the main aim of review is to enable the court t
correct errors in the decision pronounced by them
As to institution
Appeal may instituted by any aggrieved person,
complainant and provisional Govt.\
Revision may be instituted by any aggrieved person or
sue moto by court
Review may be instituted only on the application of
aggrieved person.
As to forum
Appeal is filed to superior court
Revision is also filed to superior court
Review is made to the same court who has decided the
case
As to procedure
Procedure of appeal and revision is provided in CrPc
Not provision of review is provided in CrPc
As to ground
Appeal lies on any ground involving a matter of fact o
law
Revision can be filed only at that time when aggrieved
person has no other remedy left
Review lies when there is some apparent mistake or er
on the face of record or any other sufficient reason.
As to right
Appeal is substantive right, hence, conferred on the
suitor by statute
Revision is not a right but, it is only privilege
In case of error or mistake on the face of record, is
substantive right of any aggrieved person

345 (2) with court permission

2) Who can compound
The person (s) mentioned in 345 (1) or 345 (2) can
compound. In case of minor, a person on his
behalf can compound.
3) Compromise/ arrangement between parties
There must be compromise between aggrieve &
against whom complaint lies.
4) Consideration
The offence can be compounded with or with out
consideration
5) Free will There must be free will of the parties to
effect the compromise.
6) With or with out permission of the court
The compromise can take place with [345(2)] or
with out [345 (1)] permission of the court.
Offences compoundable without the permission of the
court. u/s 345 (1) CrPc
1) Intended to wound the religious feeling of any
person u/s 298 ppc
2) Wrongfully restraining or confining any person
u/s 341, 342 ppc
3) Assault or use of criminal force u/s 352,355, 258
4) Unlawful compulsory labour 374 ppc
5) Mischief u/s 426, 427
6) Criminal trespass u/s 447, 448 ppc
Offence compoundable with permission of court u/s
345 (2) CrPc
1) Rioting u/s 147
2) Rioting armed with deadly weapon u/s 148 ppc
3) Qatl-i-amd u/s 302 ppc Qatl under Ikra-i-tam u/s
303, ppc, Qatl-i-amd not liable to Qisas u/s 308
ppc, Qatl-i-khata u/s 322 ppc
4) Qatl-i-shib-i-amd u/s 315 ppc
5) Attempted to commit Qatl-i-amd u/s 324
6) Itlaf-i-udw u/s 334 ppc, Itlaf-i-Salahyyat-i-udw
u/s 336 ppc etc.
Composition in bending appeal. A person convicted
and the appeal is filed. Offence can be compounded
with the leave of the court where appeal lies.
Composition in revision
A case in revision before high court/ session u/s 439/
439-A respectively may grant composition,
Stage for composition, Composition of offence may
be made at any time before sentence

Judicial confession
1. Judicial confessions are those which are
made to a magistrate under section 164
CrPc or before the court during trial.
2. To prove judicial confession, or the
person to whom judicial confession is
made need not to be called witness

Extra judicial confession

Extra- judicial confessions are those which are
made to any person other than authorized by law
to take confession. It may be made to any person
or police during investigation of the offence.
Extra judicial confession are proved by calling
the person as a witness before the extra- judicial
confession is made

3. Judicial confession can be relied as proof

of guilt against the accused person if it
appears before a court to be voluntary or
true
4. A conviction may be based on judicial
confession
Inquiry

Extra- judicial confession alone can not be relied

it need support of other supporting evidence.

1. Inquiry means every inquiry, other

than trial, conducted under this code
by a magistrate or court (sec 2(g)
CrPc
2. An inquiry relates to a proceeding
held by a court or magistrate
3. An inquiry starts by asking questions
by inspection and study of available
evidence
4. Inquiry aims at determining the truth
or falsity of certain facts.
5. It may be judicial or non-judicial

investigation includes all proceedings under

this code collection of evidence conducted by a
police officer or by any person (other than
magistrate)
An investigation relates to the step take by police

6. It may starts with shadowy

beginnings vague rumours.

It starts when a police officer forms a definite

opinion that these are grounds for investigating
facts
Investigation consists of following steps
(a) Proceeding to the spot
(b) Ascertainment of the facts and
circumstances of the case
(c) discovery and arrest of the suspected
offenders
(d) collection of the evidence relating to the
commission of the offences

It is unsafe to base conviction on extra- judicial

confession
Investigation

An investigation is thorough attempt to learn the

facts about something complex or hidden
The objectives of investigation collection of
evidence
It can never be judicial