INQUIRY INVESTIGATION TRIAL

Define and differentiate inquiry, investigation, and trial.

INTRODUCTION
INQUIRY
I- DEFINITION OF INQUIRY ACCORDING TO SECTION 4(1)(K)
II- AUTHORITY TO CONDUCT INQUIRY
III- OBJECT OF INQUIRY
IV- NOT AN EXHAUSTIVE DEFINITION
INVESTIGATION
I- DEFINITION U/SEC 4(1)(L)
II- NATURE OF INVESTIGATION
III- OBJECT OF INVESTIGATION
IV- AUTHORITY TO INVESTIGATE
V- COMMENCEMENT OF INVESTIGATION
The investigation commences in the following two ways
i) When FIR is lodged
ii) When complaint is made to the magistrate then any person authorized by the
magistrate can conduct the investigation.
TRIAL
I- DEFINITION
“A formal examination of evidence in a court of law in order to decide if a person
is guilty of a crime.”
II- PRESUMPTION REGARDING TRIAL
III- COMMENCEMENT OF TRIAL
IV- PROCEDURE FOR TRIAL
Procedure for trials has been provided by the different provisions of CrPC as
under;
i) Trials by magistrate section 241-250
ii) Summary Trial section 260-265
iii) Trial by High Court and Court of Session 265-A to 265-N
V- END OF TRIAL
DIFFERENCE BETWEEN INQUIRY, INVESTIGATION AND TRIAL
I- AS TO COMMENCEMENT
Inquiry It commences when complaint is field to the magistrate.
Investigation It commences when FIR is lodges or complaint is made to the
magistrate.
Trial It starts either by framing of charge or arrangement of the accused.
II- PRESUMPTION AS TO COMMISSION OF OFFENCE
Inquiry There is no presumption as to commission of an offence.
Investigation There is no presumption as to commission of an offence.
Trial Trial pre-supposes the commission of an offence.
III- AS TO DEFINITION
Inquiry The term inquiry is defined by CrPC.
Investigation Investigation has been defined by CrPC.
Trial The expression trial has not been defined by CrPC.
IV- END OF PROCEEDINGS
Inquiry If evidence is not found then it can be discharged.
Investigation If evidence is not found then it can be discharged.
Trial it either ends in conviction or in acquittal.
V- CONDUCTING AUTHORITY
Inquiry It can be conducted by a magistrate or the court
Investigation it can be conducted by a police officer or any person authorized by
a magistrate.
Trial it can be conducted by a magistrate or judge.
VI- PURPOSE
Inquiry its purpose is to ascertain the truth or falsity of facts of the case.
Investigation its purpose is the collection of evidence regarding the guilt of the
accused.
Trial its purpose is to determine the guilt of the accused.
VII- BAR TO SUBSEQUENT PROCEEDINGS
Inquiry this can be conducted again.
Investigation this can be conducted again.
Trial trial barred the subsequent proceedings i.e. principal of double jeopardy.
Physical Remand and Judicial Remand
Remand section 167 Cr.P.C. Pakistan,
What is Physical Remand and Judicial Remand
To send a prisoner back to the custody-the act of sending back (a prisoner) into
custody. [Encyclopedia law dictionary]
The act of an appellate court when it sends a case back to the trial court to
conduct entirely new hearing or an entirely new trial or to take some other
further action.
Section 167 of Cr.P.C. throw light on remand but other section 61,62,167,173
and 344 Cr.P.C. are also relevant.
In simple words police is duty bound to complete the investigation with in 24
hours and if police fail to complete the investigation then police must presents
the arrested person to the magistrate along with application of physical remand.
There are two types of remand i.e. physical remand and judicial remand. When
a caused is sent to custody of police by magistrate it is called physical remand
and when the accused is sent to judicial lock-u/jail it is called judicial remand.
Weather to send a person on physical remand or judicial remand is an total
direction of magistrate but higher court laid down some grounds which a
magistrate should follow.
1) Discharge the accused at once on the ground that there is no cause shown
for further detention.
2) Remand him to police custody for term not exceeding 15 days in whole and
send copy of his order which reasons for making it to the Sessions judge.
3) Proceed at once to try a caused himself.
4) Forward the accused to Sessions judge.
5) Physical remand can only be given when presence of accused is absolutely
necessary for the completion of inquiry.
6) In the case of physical remand period should be as short as possible.
7) In case of confession person must be sent to judicial custody.
Following are some important point related with remand.
Magistrate should discourage tendency of police to take remand to extort
confession.
Magistrate can discharge the accused at the time of remand.
Fifteen days remand should not be allowed at one stretch.
Remand in absence of accused is not only illegal but also violation of article 10
of the constitution of Pakistan.
Ghulam Sarwar’s case 1984 p.cr.l.j.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.
Remand is very important because of brutal methods used by police during
investigation or physical remand. Further bail application can only be moved
after accused send to judicial magistrate. Judicial remand and physical remand
are different from each other. Section 167 of CrPC Pakistan applied on judicial
remand as well as physical remand.
First Information Report to Police
FIR section 154 Cr.P.C., First Information Report to Police
First information is construed as the earliest communication or intimation of
crime to the state agency, to set it in motion to under take investigation. Such
information irrespective of its brevity or length has to convey the relevant
information pertaining to the nature and place of occurrence including
description of victim of violence.
The object of section 154 of Cr.P.C. is two fold; from the point of view of
information its objection is to set the criminal law in motion, from point of view
of investigation it’s to collect evidence for tracing and bringing the culprits to
justice.
Essential ingredients of FIR:
Commission of cognizable of fence shall be reduced to writing signed by person
giving this information substance shall be entered in book.
Prior to registration of FIR, a report in daily diary of police station is recorded.
Number, time and date of such report are specially mentioned in column 1 of
FIR. Another report is entered after FIR is recorded and is allocated an
independent number in the register.
Who can lodge an FIR?
Machinery of law can be set in motion by any person who need not necessary be
a resident of locality where an offense takes place.
Evidentiary value of FIR
FIR is not a sacrosanct or substantive piece of evidence and is only information
to put machinery of law into motion However, at the same time it certainly
furnishes a clue to possible truth of the allegation against the accused, as it is
the earliest version of the prosecution case. In case of false FIR section 182 of
PPC. deals with punishment.
Supplementary statement is recorded u/s 161 Cr.P.C. is not signed or thumb
marked. Supplementary statement cannot be considered as part or read as part
of FIR. No provision exists in the criminal procedure code about the
supplementary statement which is always recorded in order to fill the lacuna in
prosecution case.
Delay becomes a secondary factor if eye-witness account coupled with medical
evidence inspires confidence. When explanation for delay in giving the FIR is
satisfactory the delay is not a material significance.
Second FIR is not barred in appropriate cases disclosing cognizable offense,
partially the cases of counter version. Registration of second FIR embodying the
counter version of case is neither legally barred nor can such an FIR be refused
to be registered.
Instances where FIR can be quashed:
Lawful marriage between adults.
Matter of civil nature.
Evidence not sufficient
Following are remedies against FIR, section 169, 551, 63,190,249-A and 265-K
Cr.P.C.
First information report is very important in criminal trial. In final decision of
criminal case first information report play important role.
BAIL
Section 496, 497, 498, 498-A CrPC
DEFINITION OF BAIL
GRANT OF BAIL IN TWO CASES
i- Grant of bail in bailable offences u/sec 496
ii- Grant of bail in non-bailable offences u/sec 497
GRANT OF BAIL IN BAILABLE OFFENCES
I- AS OF RIGHT
II- DETERMINATION OF BAILABLE OFFENCES
III- AUTHORITY TO GRANT BAIL
Following authorities may grant the bail
I- Court of Law
II- An officer of the Court
III- Officer in charge of police station
IV- CONDITIONS FOR GRANT OF BAIL
i- BAILABLE OFFENCE
ii- PERSON ARRESTED OR DETAINED WITHOUT WARRANT
iii- APPEARS OR BROUGHT BEFORE COURT
V- FORM OF BAIL BOND
VI- EXCEPTIONS
APPLICATION FOR BAIL NOT NECESSARY
GRANT OF BAIL IN NON-BAILABLE OFFENCES U/SEC 497
I- CASES OF NON-BAILABLE OFFENCES
Non-bailable offences may be categorized into the following kinds
a) Offences not punishable with death, imprisonment for life or imprisonment for
ten years.
b) Offences punishable with death, imprisonment for life or imprisonment for 10
years
General Rule
As a general rule, bail shall not be granted in cases punishable with death,
imprisonment for life or for 10 years.
Exception
a) Where the person accused is under the age of 16 years
b) Any woman
c) Any sick person
d) Any infirm person
II- CASES WHERE COURT SHALL GRANT BAIL AS MATTER OF RIGHT
Following are the cases where the court shall grant bail in non-bailable offences
as a matter of right
i) Case of further Inquiry
ii) Where there are reasonable grounds that accused is not guilty
III- REASONS TO BE RECORDED IN WRITING
IV- CANCELATION OF BAIL U/SEC 497(5)
V- GROUNDS FOR CANCELLATION
On the following grounds bail may be cancelled
a) If the accused commit again the same offence
b) If the accused is trying to temper the investigation
c) If the accused is trying to temper the prosecution evidence
d) If the accused does not come in the court on the hearing
DOUBLE JEOPARDY
Section 403 Cr.P.C is based on the ancient maxim
NEMO DEBTS BIS UEXARI PROEADEM
No person should be disturbed for the same cause.
MEANING OF DOUBLE JEOPARDY
According to oxford dictionary
Trial for the same offence
RELEVANT PROVISIONS
Section 403 Cr.P.C
Article 13(A) Constitution Of Pakistan
Section 26 General Clauses Act
Section 11 of C.P.C
RULE OF JEOPARDY UNDER SECTION 403
Section 403 Cr.P.C contemplates a situation where a person has once been tried
by a court of competent jurisdiction and acquitted or convicted by such. Cannot
be tried again for the same offence nor for any other offence based on similar
facts.
ESSENTIALS TO ATTRACT SECTION 403
I- PREVIOUSLY INSTITUTED TRIAL
II- SAMENESS OF OFFENCES IN BOTH TRIAL
III- PREVIOUS TRIAL HELD BY COURT OF COMPETENT JURISDICTION
IV- PREVIOUS TRIAL ENDS AT CONVICTION OR ACQUITTAL
V- CONVICTION OR ACQUITTAL MUST BE IN FORCE
VIOLATION OF TWO LAWS
CASES WHERE SECOND TRIAL IS NOT BARRED
Second trial may be instituted against the accused in the following cases
I- DISTINCT OFFENCE FOR WHICH CHARGE COULD BE MADE UNDER SECTION
235
II- ACT HAPPENING AFTER PREVIOUS CONVICTION
ILLUSTRATION
“A” is tried for causing grievous hurt to “B” and convicted “B” afterward dies
“A” may be tried again for culpable homicide.
III- WHERE PREVIOUS COURT NOT COMPETENT TO TRY THE OFFENCE
ILLUSTRATION
“A” is charged by a magistrate of 2nd class and convicted by him of theft of
property from the person of “B” “A” may be charged with and tried for robbery
on the same facts.
Section 403 Cr.P.C is based on the ancient maxim
NEMO DEBTS BIS UEXARI PROEADEM
No person should be disturbed for the same cause.
MEANING OF DOUBLE JEOPARDY
According to oxford dictionary
Trial for the same offence
RELEVANT PROVISIONS
Section 403 Cr.P.C
Article 13(A) Constitution Of Pakistan
Section 26 General Clauses Act
Section 11 of C.P.C
RULE OF JEOPARDY UNDER SECTION 403
Section 403 Cr.P.C contemplates a situation where a person has once been tried
by a court of competent jurisdiction and acquitted or convicted by such. Cannot
be tried again for the same offence nor for any other offence based on similar
facts.
ESSENTIALS TO ATTRACT SECTION 403
I- PREVIOUSLY INSTITUTED TRIAL
II- SAMENESS OF OFFENCES IN BOTH TRIAL
III- PREVIOUS TRIAL HELD BY COURT OF COMPETENT JURISDICTION
IV- PREVIOUS TRIAL ENDS AT CONVICTION OR ACQUITTAL
V- CONVICTION OR ACQUITTAL MUST BE IN FORCE
VIOLATION OF TWO LAWS
CASES WHERE SECOND TRIAL IS NOT BARRED
Second trial may be instituted against the accused in the following cases
I- DISTINCT OFFENCE FOR WHICH CHARGE COULD BE MADE UNDER SECTION
235
II- ACT HAPPENING AFTER PREVIOUS CONVICTION
ILLUSTRATION
“A” is tried for causing grievous hurt to “B” and convicted “B” afterward dies
“A” may be tried again for culpable homicide.
III- WHERE PREVIOUS COURT NOT COMPETENT TO TRY THE OFFENCE
ILLUSTRATION
“A” is charged by a magistrate of 2nd class and convicted by him of theft of
property from the person of “B” “A” may be charged with and tried for robbery
on the same facts.
UNLAWFUL ASSEMBLY
• What are the powers of a magistrate and a police officer dispersing an
unlawful assembly under Cr.P.C?
• State powers of a magistrate or police officer in dispersing an unlawful
assembly?
INTRODUCTION
RELEVANT PROVISIONS
Section 127 to 132 Cr.P.C
DISPERSE OF UNLAWFUL ASSEMBLY UNDER SECTION 127
I- AUTHORITY TO PASS AN ORDER UNDER SECTION 127
II- LIKELY TO CAUSE DISTURBANCE OF PUBLIC PEACE
PENALTY FOR DISOBEDIENCE
I- PENALTY UNDER SECTION 145 P.P.C
II- PENALTY UNDER SECTION 151 P.P.C
MODES OF DISPERSING AN UNLAWFUL ASSEMBLY
Following are the different modes given under Cr.P.C for dispersing an unlawful
assembly.
I- USE OF CIVIL FORCE TO DISPERSE
I) WHEN CIVIL FORCE IS TO BE USED UNDER SECTION 128
II) PERSON AUTHORIZED TO USE CIVIL FORCE
III) ASSISTANCE OF ANY MALE PERSON
IV) ARRESTING AND CONFINING THE PERSONS
V) PROVISO
II- USE OF MILITARY FORCE TO DISPERSE
I) WHEN MILITARY FORCE MAY BE USED UNDER SECTION 129
II) PERSON AUTHORIZED TO USE MILITARY FORCE UNDER SECTION 129
III) ASSISTANCE OF ARMED FORCES UNDER SECTION 130
IV) ARRESTING AND CONFINING THE PERSONS UNDER SECTION 130
POWER OF COMMISSIONED MILITARY OFFICER TO DISPERSE ASSEMBLY UNDER
SECTION 131
I- NO COMMUNICATION WITH POLICE OFFICER POSSIBLE
II- WHEN COMMUNICATION WITH POLICE OFFICER BECOMES PRACTICABLE
PROTECTION AGAINST PROSECUTION FOR ACTS DONE UNDER SECTION 127-131
I- GENERAL RULE
II- EXCEPTIONS TO GENERAL RULE
BAIL BEFORE ARREST
1. What is bail before arrest? Under what circumstances it can be allowed?
INTRODUCTION
RELEVANT PROVISIONS
Section 497 and 498 of CrPC
MEANING OF PRE-ARREST BAIL U/SEC 498
Release of accused from State Custody to the custody of person.
OBJECT OF PRE-ARREST BAIL
CONDITIONS FOR GRANT OF PRE-ARREST BAIL
The main conditions to be satisfied before exercise of jurisdiction in pre-arrest
bail under section 498 CrPC are as under;
I- APPREHENSION OF IMMINENT ARREST
II- APPREHENSION OF HUMILIATION
III- IRREPARABLE INJURY TO REPUTATION
IV- OTHERWISE A FIT CASE
V- PHYSICALLY SURRENDER BEFORE THE COURT
VI- PETITION BEFORE SESSION COURT
WHO MAY BE RELEASED ON BAIL
The court may direct the following persons may be released on bail
I- ANY PERSON UNDER THE AGE OF 16
II- ANY PERSON ABOVE THE AGE OF 60
III- ANY WOMAN
IV- ANY SICK OR INFIRM PERSON
V- IN CASE OF FURTHER INQUIRY
VI- REASONABLE GROUNDS
VII- RULE OF CONSISTENCY
VIII- CROSS CASE
IX- DELAY IN TRIAL
CASES WHERE BAIL BEFORE ARREST NOT GRANTED
Bail before arrest cannot be granted in the following cases
i) If accused is habitual offender.
ii) If accused is previously convicted.
iii) If there is likelihood of abscondence of the accused.
iv) If there is reasonable apprehension of accused being tempering the
prosecution evidence.
BAIL BEFORE ARREST IN BIALLABLE OFFENCES
CONDITIONAL BAIL BEFORE ARREST
WHERE NO CASE REGISTERED U/SEC 498-A
FORUM FOR BAIL BEFORE ARREST U/SECTION 498