Cr.P.

C SHORT NOTES
1. Pakistan Penal Code, defines the offences and provide for their punishments.
2. Criminal Procedure code, gives us the procedure for hearing, and punishing or acquitting an accused,as the case may
be.
3. Criminal procedure code, is a procedural and substantive law.
4. FIR stands for first information report.
5. Cognizable cases means, cases in which the police officer, incharge of a police station, shall investigate without the
order of the Magistrate.
6. Non Cognizable cases means, cases in which the police officer, incharge of a police station can't investigate without
the order of the Magistrate.
7. A cognizable offence means an offence in which a police officer may in accordance with the second schedule of the
crpc, or under any special law for the time being enforce, arrest the person accused of such offence without warrant.
8. Non-cognizable offence means an offence in which the police officer may not arrest a person without warrant.
9. FIR is not substantive evidence and can be used only for limited purposes like corroborating or contradicting the
maker thereof.
10. The object of FIR is to obtain the earliest information of the alleged criminal activity, before there is time for them to
be forgotten or embellished, and the report can be put in evidence when the informant is examined.
11. Examination-in-chief is the examination of a witness by the party who calls him.
12. The opinion of expert is not binding upon the Judge.
13. Cross-examination is the examination of a witness by the adverse party.
14. An accused person has been described as Child of Law.
15. Trial is a judicial proceeding which ends in conviction/acquittal.
16. The examination of a witness after his cross examination is called Re-examination.
17. The form of FIR contain 7 columns.
18. A Police officer is bound to bring a person arrested by him before the court within 24 hours.
19. Charge means the precise formulation of specific accusation made against a person, it shall give the accused full
notice of offence charged against him.
20. offence has been defined in CRPC as any act or omission made punishable by any law for the time being enforce,.
Rozenamcha (BÃkËi): It is document in which each and every movement of the police station is entered. 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.
Machlqa (‡¿) is also termed security or personal or bail bond. Person charged is liable to provide it for the grant of
bail.Cepi corpus: It means, “I have taken the body.” When a writ of capias or attachment is directed to the sheriff for
execution, when he has the defendant in custody, he returns the writ with an indorsement stating that he has taken him,
called a return of cepi corpus. Where writ of attachment has been executed, body kept is released by the order of High
Court.
Concurrent sentence: It is punishment, which runs alongwith other punishments. If an offender is awarded punishment
for five years and in other offence he is awarded four years sentence, both sentences shall be end after five years on the
base of concurrence.
Consecutive sentence: It is punishment, which runs after completion of another punishment. If an offender is awarded
five punishments in one offence and two years in another offence, it shall complete upon seven years.
Crime or offence is an illegal act or omission prohibited by and punishable at law; and for which a special procedure is
provided at law to punish the offender.
Arrest: To arrest a person is to deprive him of his liberty by some lawful authority for the purpose of compelling his
appearance to answer a criminal charge, or as a method of execution. Arrest is restrain of movement or liberty.
Cognizable offences: Cognizable offences are those in which police can take action without having warrant from
Magistrate keeping in view of the gravity of the offence committed or likely to commit. Only serious crimes such as
murder or injury or such like offences come under cognizable offences.
Non-cognizable offences: Offences, which are not cognizable, are non-cognizable. Police requires prior warrant to
apprehend the offender. Private person cannot arrest the offender who is committing the offence.
First Information Report:
First Information Report is simply information for commission of an offence to move the concerned agency. It is not
essential to give all details regarding the commission of an offence. The term “First Information Report” is construed as
the earliest communication or intimation of crime to the state agency, to set it in motion to undertake investigation.
Complaint: Complaint is not used in its ordinary words. It is an allegation made orally or writing to a Magistrate, with a
view to his taking action under Code of Criminal Procedure, that some person whether known or unknown, has committed
an offence, but it does not include the report of a Police Officer.
Confession itself is not defined either in Code of Criminal Procedure, Pakistan Penal Code, and Qanun-e-Shahadat. It is
taken into ordinary legal language. Accused is not handed over to police after he makes confessional statement according
to the provisions of law. Accused is sent to jail. If accused is not sent to jail, all proceedings become null and void.
Judicial confession: Confession recorded in compliance with provisions of Ss. 164 and 364, Code of Criminal Procedure
becomes judicial confession to which law attaches great sanctity being free from duress (coercion) and undue influence.
Judicial confession, which is self-exculpatory, cannot be used against other person. Trial Court also can record confession
which extra judicial confession at any stage.
Retraction of confession:
Retracted confession means a confession which is denied by the maker at any further stage. Retracted confession, whether
judicial or extra judicial, can legally be taken into consideration against the maker of those confessions and if the
confessions are found to be true and voluntary, then there is no need at all to look for further corroboration, if the Court is
satisfied and believes that it was true and voluntary and was not obtained by torture or coercion or inducement.
Extra judicial confession:
The confession made other than before court is called 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.
Summons: It is a written order for appearance in Court. It is a most simplest and common way to produce the person
required at law before authority. Court issues such orders under the seal and signature. Summon follows the date, time,
and place of appearance. This notice is served to the person wanted at last known address. Summons are sent in duplicate
one of which is given to required person and second one used as acknowledgement. It becomes proof of service of
summon.
Interim report: In case investigation is not completed within 14 days from the date of recording of First Information
Report, officer in-charge of Police Station is mandatory required to submit in interim challan within 3 days of expiration
of such period of 14 days.
Diary of proceedings in investigation u/s 172: Law had made a mandatory provision for an investigation officer to enter
day to day proceedings of the investigation in a special diary. Setting forth the time at which the information reached him
the time at which he began and closed his investigation the place or places visited by him, and a statement of the
circumstances ascertained through his investigation. Such special diary may be used at the trial or inquiry not as evidence
in the case but to aid the Court in such inquiry or trial.
Refresh of memory: Object of S. 172 or Code of Criminal Procedure is to enable Court to direct Police Officer who is
giving his evidence to refresh his memory from notes made by him in the course of his investigation of case or to question
him as to contradiction which may appear between statements so recorded an evidence he was giving in Court.
Inquiry officer: Only the Magistrate of first class is empowered to hold such inquests (judicial inquiry, examination, or
investigative research). The word “inquest” has not been defined in Code of Criminal Procedure. It carries particular
significance when a Magistrate conducts the same.
Bail: An accused person is admitted to bail when he is released from the custody of officers of the law and is entrusted to
the custody of person known as his sureties, who are bound to produce him to answer, at a specified time and place, the
charge against him, and who, in default of so doing, are liable to forfeit such sum as is specified when bail is granted.
. Cepi corpus: It means, “I have taken the body.” When a writ of capias or attachment is directed to the sheriff for
execution, when he has the defendant in custody, he returns the writ with an indorsement stating that he has taken him,
called a return of cepi corpus. Where writ of attachment has been executed, body kept is released by the order of High
Court.
Appeal: According to Osborn’s Dictionary appeal is defined as “any proceeding taken to rectify an erroneous decision of
a Court by bringing it before a higher Court.
The word “appeal” as defined in the Oxford dictionary means “to remove a case formally from an inferior to a higher
Court” with a view to ascertain whether the judgement is sustainable having been passed by a Court of competent
jurisdiction, sentence being awarded according to law and proceedings conducted conforming the provision so provided.
Arrest without warrant u/ss 54 & 65: Police can arrest a person without obtaining warrants from the Court under
following circumstances:
1. Cognizable offence:
2. Vagabonds (wanderer):
3. Habitual robber:
4. Preventive detention:
5. Offences committed before Magistrate:
6. Suspect of offence:
7. Injury to public property:
8. Reasonable suspicion of crime:
9. House breaking:
10. Proclaimed offender:
11. Having stolen property:
12. Causing obstruction in police duty:
13. Escaped person:
14. Attempt to escape from lawful custody:
15. Life beyond reasonable sources:
16. Private arrest:

Procedure of trial in Court of Session u/s 265 onward: Following is the procedure of trial, which is conducted by the
Court of Session:
1. Public prosecutor conducts:
2. Supply of statements to accused:
a) First Information Report:
b) Police report:
c) Statements of witnesses:
d) Report of inquiry officer:
3. Framing of charge:
4. Reading over of charge:
5. Whether accused is guilty or he shall defend:
6. Hearing of complaint:
7. Taking evidence:
8. Summoning of witnesses:
9. Opportunity of accused to produce witnesses:
10. Filing of written statement of accused:
11. Production of defence evidence:
12. Close of evidence where not evidence of accused:
13. Acquittal or conviction:
 14. Corroboration of evidence:
15. Acquittal at any stage where is not prima facie case:

Powers of High Court to confirm sentence given by the Court of Sessions u/s 374 to 379:
1. Sentence of death:
2. Execution after confirmation:
3. Power to direct further inquiry:
4. Additional evidence:
5. Power to dispense appearance:
6. May confirm:
7. May pass other sentence:
8. May annul:
9. New trial:
10. Amendment in charges:
11. May acquit:
12. Signature of two judges:
Irregularities, which vitiate trial u/s 530 onward: Following irregularities causes trial to vitiate. They must be adhered
in trial:
1. Trial without jurisdiction:
2. Warrant without jurisdiction:
3. Arrest without jurisdiction:
4. Misleading of accused in framing charge:
5. Alteration in charge without defence to accused:
6. Back dated judgement:
7. Act contrary to law:
8. Deficiency in particulars of warrants and summons:
9. Non-delivery of statements to accused prior trial:
10. Sentence in excess of law:
11. Taking cognizance without warrant in non-cognizable offences:
12. Lack of defence opportunity:
13. Sentence on confession without corroboration:
14. Trial in the absence of accused:
15. Evidence in the absence of accused:
16. Trial without issuing process:

Preventive measures of Magistrate regarding the immovable property in dispute u/ss 145 and 146: Following
measures can be adopted:
1. Order to parties to attend Court:
2. Written statements of respective claims:
3. Display of summon order at place:
4. Recording of evidences:
5. Attachment until decree:
6. Possession till legally evicted:
7. Making party of legal heirs:
8. Sale of perishables:
9. Withdrawal of attachment where no breach:
10. Appointment of receiver:
11. Prohibition to interfere in right: