CrPC notes complied by________________________________________________ Sehar Turk

Contents:
1. FIRST INFORMATION REPORT (FIR) U/S 154 CRPC
2. REMEDIES IF FIR NOT FILED BY POLICE:
A. DIRECT COMPLAINT
B. APPLICATION BEFORE JUSTICE OF PEACE/SESSION COURT
3. PROCEDURE WHERE COGNIIZABLE OFFENCE SUSPECT SECTION
157
4. INVESTIGATION INTO COGNIZABLE OFFENCES/CASES SECTION
156:
5. INVESTIGATION IN RAPE CASES SECTION
6. INVESTIGATION OF THE OFFENCES OTHER THAN RAPE
7. SEARCH BY POLICE AFTER RECORDING STATEMENTS SECTION
165
8. SEARCH BY ANOTHER POLICE-STATION SECTION 166:
9. DIFFERENCES BETWEEN THE STATEMENTS U/S 161 AND 164
10. ARREST OF ACCUSED FROM SECTION 46 TO 54:
11.
CrPC notes complied by________________________________________________ Sehar Turk

1. FIRST INFORMATION REPORT (FIR) U/S 154 CrPC

DIFFERENCE BETWEEN COGINZABLE AND NON-COGNIZABLE OFFENCE:

Cognizable offence section 4 (f) Non-cognizable offence section 4 (n)

An offence for which the accused person can be An offence for which the police cannot arrest an
arrested without warrant. accused person without obtaining the warrant
from the concerned magistrate.

WHAT IS FIR?

First Information Report (FIR) is a written document prepared by the Police when they receive
information about the commission of a cognizable offence. Or it is a complaint lodged by the police on
the instance of the victim or any other person on his behalf. Any person can lodge a FIR either orally or
in writing to the Police.

Further, FIR is the first requirement of any criminal litigation. It gives the earliest opportunity to collect
the evidence with regard to the offence.

REQUIREMENT FOR FIR:

The following is the essential requirement of FIR:

1. The offence shall be cognizable which means the accused can be arrested without warrant.
2. A FIR must be read to the informant for the purpose of the verification of the statement.
3. FIR must be signed and verified by the informant and the informant has a right to receive the
copy of the FIR.

IMPORTANCE OF FIR:

By the virtue of Article 21, 22, 23, 25, 49 and 50 of the Qanoon-e-Shahadat Ordinance 1984, FIR is a
relevant fact, and thus help to initiate the legal proceedings.

PROCEDURE FOR FILLING FIR:

By the virtue of section 154 of the CrPC 1898, it is the duty of the Police to lodge the FIR on the instance
of the informant (whether victim or any other person on his behalf or who had seen a crime being
committed) if a cognizable offence has been committed. The police shall write down the information
given them by the informant thus the matter shall be entered into the book to be kept by the officer in
charge in such form the provincial government may prescribe. Then by the virtue of section 156 of the
code, the officer in charge of the concerned police-station shall inquire and investigate the cognizable
matter.

FIR OF RAPE CASE VICTIM:

By the virtue of the proviso 1 and 2 of section 154, in a rape case, the information of a woman
against whom an offence under section 336B, section 354,section 354A, section 376 or section 509 of th
e Pakistan Penal Code, is alleged to have been committed or attempted to commit of the offense shall
CrPC notes complied by________________________________________________ Sehar Turk

be recorded in the presence of any female police officer or female family member or any other person
of her choiceat residence of the complainant or at a convenient place of the complainant's choice.

CONTRADICTION BETWEEN THE OPINION OF THE INFORMANTS:

In case, where the opinion of the informants is opposite or contradict then the second FIR cannot be
lodged” held in Sughra Bibi case, however, in Murtaza Bhutto’s case, the second FIR was allowed by the
Court of Law.

2. REMEDIES IF FIR NOT FILED BY POLICE:

If the Police deny to lodge a FIR then the aggrieved person may avail the following remedies:

A. Application u/s 22 A-B before the Justice of the Peace.

B. Direct complaint u/s 200 of CrPC

A. APPLICATION BEFORE THE JUSTICE OF THE PEACE:

An application can be filed to the justice of the peace to compel the police to lodge the FIR u/s 22 A-B.

WHO IS JUSTICE OF PEACE?

There are two types of the justice of the peace:

1. A Justice of Peace may be an ordinary person appointed by the provincial government as Justice
of peace; if an ordinary person act as a justice of peace then there are certain requirements such
as he must be of a man of good character, well known and reputable.
2. A session judge is also a justice peace in his ex-officio capacity means by the virtue of his office;
hence there is no requirement for a separate appointment of a session judge as a justice of
peace.

Additionally, there maybe one or more justices of peace in one district/city and it is not necessary
that there may be a justice of peace.

POWERS & DUTIES OF JUSTICE OF PEACE (SEC:22 OF CrPC):

The following are the powers & duties of the justice of the peace:

1. To call the police to take preventive measures against the crime, this call to the police is
authoritative.
2. To intimate the police about the crime
3. To arrest of the offender with the help of police under section 54
4. To issue the certificate of the identification of a person, this certificate has an authoritative
value.
5. To attest the certain documents, where it is required to be attested by the justice of the peace.
6. To verify the certain documents such verification shall be deemed as verified by the Magistrate.

DEFINITE POWERS OF THE EX-OFFICIO JUSTICE OF PEACE (SESSION JUDGE):

CrPC notes complied by________________________________________________ Sehar Turk

1. To compel the police the police to lodge the FIR

2. To transfer the investigation of the matter on the application of the aggrieved person to another
officer.
3. To take departmental actions (such as suspension etc.) with regard to the failure, negligence or
non-compliance of the duties.

NON-COGNIZABLE OFFENCE SECTION 155 (NC):

1. If an offence is non-cognizable offence then under section 155 of the CrPC, an application can be
made before the Magistrate, on which he shall take prompt measures and order the police to
investigate the matter. It is the duty of the Magistrate to compel police to file an NC and order
the police to investigate the matter. The police shall make an entry of such non-cognizable
offence in the entry book.
2. If an NC is also not filed then under section 22 A&B of the code of criminal procedure, an
application may be moved before the ex-officio justice of the peace. Thereafter the justice of the
peace shall order the police to file the NC and report it to the concerned Magistrate for the
further orders.

B. DIRECT COMPLAINT U/S 200 OF CrPC:

Definition of complaint: (section 4 (h):

"Complaint" means the allegation made orally or in writing to a Magistrate, with

a view to his taking action under this Code, that some person whether known or unknown, has
committed an offence, but it does not include the report of a police-officer.

Section 200: By the virtue of section 190 of CrPC, if a magistrate takes cognizance (cognizance means
judicial notice) on a complaint of an offence, then by the virtue of section 200 of CrPC, he shall record
the statement of the complainant on oath to determine whether the complaint is correct or not, and the
substances of the complaint shall be made in writing and signed by both complainant and the
Magistrate.

S.M. Aslam’s case. What was being considered was whether complaint can be dismissed without
recording statement under section 200 Cr. P. C. and the Court answered it in affirmative

Situations where complainant not to be examined on oath: (provisos of section 200)

1. where u/s 192, the complaint is to be transferred then before transferring the compliant to the
any concerned court or sessions court, the transferor court is not required to examine the
complainant on oath.
2. where the complaint is made by the Court itself or any other public/civil officer then such
complainant shall not be examined on oath, because, such complaint is made in their official
capacity.
3. Where u/s 192, the case is transferred, and the transferor court has already recorded the
statement of the complainant on oath then, the transferee court/sessions court is not required
to examine the complainant on oath again.

Procedure by Magistrate not competent to take cognizance of the case: (section 201)
CrPC notes complied by________________________________________________ Sehar Turk

By the virtue of section 201, if the complaint is filed before the incompetent court lacking the
jurisdiction, then such complaint shall be returned to the complainant with proper seal to present such
complaint to the proper court.

And if the complaint is made orally, then the magistrate shall direct the complainant to the proper court.

Postponement of issue of process section 202 (summons to the accused):

If the court even after examining the complainant on oath, is not satisfied and desire to make
investigation about the truthfulness of complaint then it shall postpone the issue of process (service of
summons). The court to determine the truthfulness of the complaint, may:

 Itself inquire into the matter, or

 Direct the police officer to investigate the matter
 Direct the justice of the peace, subordinate magistrate, or other persons to inquire into the
matter and to find out whether the complaint is correct or false.
 Or if the case is triable by the sessions court, then it may direct the magistrate to conduct an
inquiry with regard to the complaint.

Situation where inquiry is not important to be made:

The proviso of section 202 states that, if the court itself is the complainant then, the directions regarding
the inquiry or investigation shall not be given. But if the complainant has already been examined by the
virtue of section 200 sub section 1 and clause c).

Issue of process (service of summon) section 204:

After the final report, if it is determined that the complaint is correct then, the court shall issue the
process by the virtue of section 204 for causing the accused to be brought or to appear at a certain time
before such Court or if it has no jurisdiction itself, then some other Court having jurisdiction.

Grounds for Dismissal of complaint: (section 203 & 204 (3)):

1. By the virtue of section 203, the court before whom the complaint is made or the court to which
the complaint was transferred, may dismiss the complaint if it is a false or fabricated proved
either by the oath or by investigation or inquiry.
2. The complaint may also be dismissed if the process is not issued due to the failure of payment of
cost by the complainant.

Resubmission of the complaint:

A complaint if dismissed may be submitted again after satisfying the court by providing sufficient
reasons (illness, reason of failure of payment of cost for process) however, if the complaint is dismissed
on the ground of falsehood then it shall not be resubmitted.

NOT YET STUDIED….

(SECTION 203A (COMPLAINT IN CASE OF ZINA):

SECTION 203B (COMPLAINT IN CASE OF QAZF):

CrPC notes complied by________________________________________________ Sehar Turk

SECTION 203C (COMPLAINT IN CASE OF FORNICA TION):

3. PROCEDURE WHERE COGNIIZABLE OFFENCE SUSPECTED

(UNCERTAINITY OF THE OFFENCE- WHETHER COGNIZABLE OR
NON-COGNIIZABLE OFFENCE):
1. By the virtue of section 157 of the code, where there is uncertainty whether the offence
committed is cognizable or non-cognizable then, police officer shall make a report to the
magistrate on the commission of the offence and proceed with the place of the incident either
by himself or any other subordinate officer to him, for the purpose to collect the information
whether offence is cognizable or non-cognizable.
2. Where the nature of the offence is not serious but complaint is made against a specific person.
3. Where there is no ground to proceed the matter. (nature of the offence is not serious also the
absence of the nominated person).

In the above situations, the police officer shall make report and record the reasons for not taking the
actions on such complaints and shall submit it to the Magistrate. This report shall be submitted by the
officer appointed by the government to submit the reports before the court or any other officer
subordinate to him by the virtue of section 158 of the code.

On such report, the magistrate or his subordinate deputed by him to investigate whether the report
submitted by the police is correct or false by the virtue of section 159 of the code, to conclude the
matter or to proceed with the matter.

4. INVESTIGATION INTO COGNIZABLE OFFENCES/CASES SECTION

156:
Definition:

The term Investigation has been defined under section 4 clause (L) as, "-Investigation" includes all the
proceedings under this Code (CrPC) for the collection of evidence conducted by a police officer or by any
person (other than a Magistrate) who is authorized by a Magistrate in this behalf.”

Cases in which investigations to be conducted by superintendent of police officer:

1. By the virtue of section 156-A CrPC, the Investigation of the offence of “Use of derogatory
remarks, etc., in respect of the Holy Prophet “under section 295 (c) of PPC, in order to
maintain the transparency
2. By the virtue of section 156-B CrPC, Investigation in Zina/Rape cases against a woman
accused provided under Enforcement of Hudood Ordinance 1979, (except Zina Bil Jabr). The
accused of Zina shall not be arrested without the permission of the Court.

5. Investigation in Rape cases:

DNA Testing section 156 C:

The investigation in Zina cases shall be conducted as follows:

1. DNA testing of the rape victim shall be mandatorily conducted by a Police Officer through
recognized laboratories.
2. DNA samples of the Rape Victim shall be collected within 72 hours from the time of the incident.
CrPC notes complied by________________________________________________ Sehar Turk

3. Provided that, if the DNA samples are not collected within 72 hours then the police officer shall
make all efforts to collect and preserve the DNA samples within 7 days.
1) Preservation of DNA evidence section 156-D:

The preservation of the DNA sample and its results shall be preserved as follows:

1. the DNA sample and its results shall be preserved in privacy in hospital or Forensic Lab.
2. The DNA sample and results shall be kept confidential in the custody of Central Police Officer or
under the control of the police officer not ranked below BS-19.
2) Medical Examination of Rape Victim and etc. 164-A:

By the virtue of section 164-A, where the following offences are under investigation ( Rape, unnatural
offence or sexual abuse) as provided under section 376, 377 and 377-B respectively of PPC 1860, the
victim of such offence shall be examined by the registered medical practitioner promptly after the
commission of the offence with the consent of the victim or her guradian, (in case of a female victim the
female RMP).

Also, the female victim shall be escorted from her residency to the place of the examination either by a
family member or by a female police officer.

Medical examination Report: section 164-A sub-sec:2:

The concerned RMP shall without any delay make a report of the medical examination of the victim
which shall include:

a. Name & address of the victim and the person by whom she was escorted.
b. Age of the victim
c. Description of Material obtained from the body of the victim for DNA profiling
d. Marks of injury on body of the victim (if any)
e. General mental condition of the victim: (in an offence the general and mental condition of the
victim is an element of the offence)
f. Other material particulars in reasonable details.
Also,
The report shall specify the reasons for each conclusion, consent of the victim or his/her
legal/natural guardian, (if no consent has been obtained by the victim or his/her guardian then
such examination is not a lawful examination), the time of the commencement and completion
of the examination.

The RMP shall without any delay forward the report prepared to the Police officer thereafter, the report
shall be submitted before the concerned Magistrate along with other requirements.

DNA Test section 164-B:

By the virtue of section 164B, if an offence has been alleged or committed under section 176, 377 and
377B of PPC the Deoxyribose Nucleic Acid, (DNA) samples, (where applicable) shall be collected from the
victim with consent or his/her guardian’s consent and the accused u/s 164A within optimal time period
of receiving information relating to commission of such offence.
CrPC notes complied by________________________________________________ Sehar Turk

Thereafter, the DNA samples shall bee sent for the investigation purpose to a Forensic Laboratory for a
proper examination.

Remember that the medical examination in above cases shall be confidential at all time.

6. INVESTIGATION IN OFFENCES OTHER THAN RAPE:

By the virtue of section 154, if a FIR has been lodged against a cognizable offence, thereafter, as per
section 156, the police officer in charge of the police station may without the prior permission of the
court (Magistrate) arrest the accused and inquire the matter.

Afterwards, by the virtue of section 160 of the code, the police has the power to call/require the
attendance of any witness, whereby the police examine the witness by the virtue of section 161 (1)
either orally or inn written, then, by the virtue of sub section (2) of section 161, sch witness shall be
bound to answer all the questions put before him by the investigating officer relating to the matter
however, the such person is not bound to answer the questions which may put him to a criminal charge
or to a penalty forfeiture. By the virtue of sub section (3) the police officer may reduce into writing any
statement made to him in the course of an examination under section 161, and if he does so he shall
make a separate record of the statement, of each such person whose statement he records.

Further, by the virtue 162, If a person makes a statement to a police officer during an investigation
under the chapter, he is not required to sign the statement if it is reduced to writing. No statement
made to a police officer, whether in writing or recorded in a police diary or otherwise, can be used for
any purpose in any inquiry or trial. This restriction applies specifically to offenses that were under
investigation at the time the statement was made.

If a witness called by the prosecution in an inquiry or trial has provided a written statement, and if the
accused requests it, the court may refer to that written statement. The accused can then be furnished
with a copy of the statement. This provision allows the accused to use any part of the statement to
contradict the witness, by the virtue of section 145 of the Evidence Act, 1872.

If any part of such statement has been used for the contradiction by the accused in cross-examination,
the same can be used for re-examination of such witness to explain the matter referred in cross-
examination.

However, the court may, to determine the relevance of any part of the statement to the subject matter
of the inquiry or trial, also, if the court believes that disclosing a specific part of the statement to the
accused is not necessary for justice and is against public interest, it can record such an opinion (without
specifying the reasons) and exclude that part from the copy of the statement provided to the accused.

Remember, that by the virtue of section 163 of the code, the police officer or any other authoritative
person shall make or offer any promise, inducement or threat to the witness as provided u/s 24 of the
Evidence Act 1872. Nor such officer shall prevent the witness to make a statement for the purpose of
the investigation.

Afterwards, the statement of Accused person u/s 164 is taken by the concerned Magistrate, which is
also admissible in evidence.

Further, the statement u/s 164 is of 2 types:

CrPC notes complied by________________________________________________ Sehar Turk

1. Admission of a fact (EXTRA/NON-JUDICIAL CONFESSION: just as in a court marriage case,

where the girl gives statement that her marriage is observed with her consent and its her
fundamental right. Or statement given by an Eye-witness but it shall be given in the presence of
the Accused person and the Accused person shall have the right to cross examine the Eye-
witness. The statement of the Eye-witness is inadmissible if given/taken in the absence of the
Accused person.
2. Confession of crime by Accused person: the confessional statement is the confession of the
offence and given by the Accused person. And there is no need of the presence of any other
person for admissibility of the statement as it is given by the Accused himself.
By the virtue of section 164 and 364, the examination of the accused person shall be conducted
without any inducement or threat and at the time of the examination the police shall be sent
out of the court.
Also, the Magistrate shall record the statement of the accused person as it is given by the
accused fully and shall be recorded in the language familiar to the accused or if not applicable
then in English but shall be interpreted to the accused person in language he understands.
Thereafter, if the Accused person conforms that the statement is true, then it shall be signed by
the Accused and the Magistrate for the confirmability.
The examination conducted under the provision of section 364 shall not be applicable to the
record u/s 263 because it has the separate manner for the record in cases where no appeal lies.

Explanation: It is not necessary that the Magistrate receiving and recording a confession or statement
should be a Magistrate having jurisdiction in the case.

7. SEARCH BY POLICE AFTER RECORDING STATEMENTS SECTION

165:
According to section 165, the officer in charge of a police station or a police officer conducting an
investigation can search a place within the limits of the police station if he has reasonable grounds to
believe that something necessary for the investigation of an offense can be found there.

However, before conducting the search, the officer shall record in writing the grounds for the belief and
specify, as far as possible, the items or things for which the search is being conducted.

The police officer should conduct the search in person if practicable but if unable to do so, and no
competent person is present, the officer can authorize a subordinate officer in writing to conduct the
search.

The police shall follow the provisions of section 102 and 103 while the search operation (Raid) as
follows:

Section 102: by the virtue of section 102, whenever a place that is subject to search or inspection is
closed, any person residing in or being in charge of that place shall, upon demand by the officer or
person executing the warrant and upon the production of the warrant, allow free entry and provide all
reasonable facilities for the search.

If the person in charge refuses to allow entry, the officer or person executing the warrant can proceed in
the manner provided under Section 48 of the code which provides guidance on how to deal with
resistance or refusal to allow entry during the execution of a warrant.
CrPC notes complied by________________________________________________ Sehar Turk

If there is reasonable suspicion that a person in or around the place is concealing an article for which a
search should be conducted, that person may be searched. If such person is a woman, the directions
provided in Section 52 shall be followed which provides the specific provisions and safeguards for
conducting searches on women.

Section 103: according to section 103, before conducting a search, the officer or person about to
conduct the search shall call upon two or more respectable inhabitants of the locality where the search
is to take place. The officer may issue a written order to such witnesses, instructing them to attend and
witness the search. The search shall be conducted in the presence of such witnesses. Witnesses to the
search are not required to attend court as witnesses unless they are specifically summoned by the court.

A list of all items seized during the search and the locations where such items were found shall be
prepared by the officer or person conducting the search. This list shall be signed by both the officer or
person conducting the search and the witnesses.

When a person is searched under Section 102, subsection (3), a list of all items taken into possession
during the search shall be prepared. Upon request, a copy of this list shall be delivered to the person
who was searched.

Any person who, without reasonable cause, refuses or neglects to attend and witness a search when
ordered in writing may be deemed to have committed an offense under Section 187 of the Pakistan
Penal Code.

(back to section 165) Thereafter, the Copies of records made during the search operation shall be sent
promptly to the nearest Magistrate empowered to take cognizance of the offense.

The owner or occupier of the searched place can request a copy from the Magistrate, but with costs
unless the Magistrate decides to provide it free of cost for a special reason.

Search Operation in a Bank: if the place of the search is a Bank, (to investigate the Accounts book etc.)
by the virtue of the Banker’s Book Evidence Act, the Police officer is required to take the prior
permission of the Session Judge if the offence is in nature to be investigated under section 165, but if
the offence does not fall within the ambit of the section 165 then the prior permission of the High Court
is required.

8. SEARCH BY ANOTHER POLICE-STATION SECTION 166:

As per section 166 of the code an officer in charge of a police station or a police officer, not below the
rank of sub-inspector, conducting an investigation may require an officer in charge of another police
station (whether in the same or a different district) to conduct a search in any place. This is permissible if
the requesting officer is authorized to conduct the search within the limits of his own police station u/s
165.

The officer in charge of the other police station, upon receiving such a requirement, shall follow the
provisions of Section 165, including recording the grounds, specifying the things for which the search is
made, and forwarding any findings to the requesting officer.

Further, in situations where there is a reasonable belief that delaying the search might lead to the
concealment or destruction of evidence, the officer in charge of the original police station (or the
CrPC notes complied by________________________________________________ Sehar Turk

investigating police officer) may conduct or cause to be conducted a search within the limits of another
police station.

If a search is conducted under the specific circumstances mentioned in subsection (3), the officer shall
promptly notify the officer in charge of the police station within the limits of which the search had bee
conducted.

A copy of the list (if any) prepared under Section 103, and records mentioned in Section 165,
subsections (1) and (3), shall be forwarded to the nearest Magistrate empowered to take cognizance of
the offense.

9. Difference between the statements given u/s 161 and 164:

Statement u/s 161 Statement u/s 164
The statement u/s 161 is inadmissible in The statement u/s 164 is admissible in evidence.
evidence. This statement is given before the concerned
The statement u/s 161 is given before the police. magistrate.
Further, the statement u/s 164 is of 2 types:
3. Admission of a fact (EXTRA/NON
JUDICIAL CONFESSION: just as in a court
marriage case, where the girl gives
statement that her marriage is observed
with her consent and its her fundamental
right. Or statement given by an Eye-
witness but it shall be given in the
presence of the Accused person and the
Accused person shall have the right to
cross examine the Eye-witness. The
statement of the Eye-witness is
inadmissible if given/taken in the
absence of the Accused person.
4. Confession of crime: the confessional
statement is the confession of the
offence and given by the Accused person.
And there is no need of the presence of
any other person for admissibility of the
statement.
by the virtue of section 164 and 364, the
examination of the accused person shall
be conducted without any inducement or
threat and at the time of the examination
the police shall be sent out of the court.
Also, the Magistrate shall record the
statement of the accused person as it is
given by the accused fully and shall be
recorded in the language familiar to the
accused or if not applicable then in
English but shall be interpreted to the
accused person in his language.
CrPC notes complied by________________________________________________ Sehar Turk

Thereafter, if the Accused person

conforms that the statement is true, then
it shall be signed by the Accused and the
Magistrate for the confirmability.
The examination conducted under the
provision of section 364 shall not be
applicable to the record u/s 163.
Also, u/s 243 if the accused pleaded
guilty and gives no defense then he shall
be punished.
Types of confession:
1. Retracted: where the accused
changes his statement afterwards.
2. Inculpatory: where, the accused
simply confesses the commission of
the crime.
3. Exculpatory: confession of crime
protecting own self and blaming
other for the commission of crime

10. INVESTIGATION INTO SUICIDE OR CAUSE OF DEATH

Police to inquire to report in suicide, etc. section 174:

when the information is received by officer in charge of police station or any other police officer who is
empowered by provincial government for that behalf, that:

 A person has committed suicide

 A person has been killed by another or by an animal or by machinery or by accident or

 Has died under any circumstance which raise reasonable suspicion that some other person has
committed an offence.

Shall make an investigation and make report to find out the cause of death, describing such wounds,
fractures, bruises or any other marks of injury found on the body and shall also state the manner of
death and what weapons or instrument was used and that report shall be made in presence of two or
more respectable inhabitants of neighborhood.

- Inquiry under this section shall not extended for the purpose of finding out the person who
caused death.

- This section in inapplicable where the dead body is not available.

- It is not necessary for police officer to give names of the witnesses in inquest report.

Report shall be signed by police office or other person or by many of them and shall be forwarded to
concerned magistrate.
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When there is any doubt regarding the cause of death or due to any other reason police officer consider
it convenient, shall forward the body for examination to nearest Civil Surgeon or other qualified medical
man appointed for this purpose.

Magistrate of first class is empowered to hold inquests. (judicial inquiry to ascertain facts of incident)

POST-MORTEM EXAMINATION PROCEDURE:

where the dead body of person who died in unnatural and suspicious circumstances, is taken into
custody by police officer, then following steps shall be followed:

1. Complete chain of police custody of the dead body, right from the moment it was taken into
custody until it was handed over to the relatives or until its burial (in case they were
unknown).

2. Post-mortem examination of dead body could not be carried out without the authorization
of competent police officer or magistrate

3. Post-mortem of deceased person could only be carried out by notified government medical
officer

4. At the time of handing over the body by police to medical officer, all reports prepared by
investigating officer shall also be handed over to the said medical officer to assist his
examination of dead body.

grievous injury by burns section 174-A:

Where a person grievously injured by burn through fire, kerosene oil, acid, chemical or by any other way
and is bought before to the on duty medical officer, or such incident is reported to officer in charge of
police station, then such medical officer or officer in charge of police station shall give intimation to
magistrate. And that medical officer shall record the statement of injured person and ascertain the
circumstances and causes of burn injuries. That statement shall also be recorded by magistrate if the
injured person is still in position to make statement.

The medical officer or the magistrate before recording the statement shall satisfy himself that the
injured person is not under any threat or duress, and that recorded statement shall be forwarded to
District Superintendent of Police and Officer in charge of police station.

If the injured person is unable to make statement before magistrate, then his statement recorded by
medical officer on duty shall be sent in sealed cover to magistrate or trial court (if it is other than
magistrate) and may be accepted as evidence as dying declaration if the injured person expires.

Power to summon persons section 175:

The police officer may by order in writing summon two or more persons for purpose of investigation and
any other person who appears to be acquainted with facts of case. Every summoned person shall be
bound to attend and answer all questions, other than those which have tendency to expose him to
criminal charge or penalty or forfeiture.
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If the facts do not disclose a cognizable offence, then such person shall not be required by police officer
to attend magistrate’s court.

Inquiry by magistrate into cause of death section 176:

When any person dies while in custody of police or has committed suicide, or killed by other person,
animal machinery or by any accident or his death is suspicious, then the empowered magistrate may
hold inquiry into cause of death. And he shall record evidence taken by him.

Power to disinter corpses: whenever such magistrate considers it necessary that the dead body should
be examined in order to examine the cause of death of person who is already buried, then magistrate
may cause the body to be disinterred and examined.

11. PROCEDURE FOR ARREST OF ACCUSED:

Arrest how made section 46:

Section 46 provides the procedure for the arrest of the accused person. The arrest can be made either
by the police or by any other person. Further the provision of section 46 states that the physical contact
or confinement is necessary for an arrest unless the person(accused) submits to custody.

However, If the person resists arrest or tries to evade it, the officer may use necessary force to make the
arrest.

No provision allows (police or any other person) causing the death of someone not accused of an
offence the punishment of which is either the death sentence or the life imprisonment.

Search of place entered by person sought to be arrested:

Section 47 provides the procedure, to conduct a search of the certain place where it is believed that the
accused has entered or is within the that place, then the person residing or is in charge of place, shall
allow the entry and cooperate the arresting person or police officer.

Procedure where ingress(access) not obtainable section 48:

Section 48 empowers the police or the person acting under a warrant to enter into the place as
mentioned u/s 47, when access to such place is not obtained as per section 47, a person acting under a
warrant or a police officer, if a warrant can be issued but not obtained, without risking the escape of the
person to be arrested, may enter and search the place. The empowered person or policer officer may
break open doors or windows after notifying his authority and purpose and demanding entry.

However, if the place is occupied by a woman who customarily does not appear in public, the person or
officer must give her the opportunity to withdraw before entering, providing reasonable assistance if
needed, and then may proceed to enter the place by breaking it open if necessary.

Power to break open doors and windows for purposes of liberation section 49:

Section 49 provides the procedure for a situation where the person acting under a warrant or a police
officer is detained within the place of search by the accused person or an accomplice. It provides that
any police officer or other person authorized to make an arrest may break open any outer or inner door
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or window of such place in order to liberate himself or any other person who, having lawfully entered
for the purpose of making an arrest, is detained therein.

No unnecessary restraint section 50:

Section 50 provides that the person arrested shall only be restrained enough to prevent him from
escaping, without using excessive force.

Search of arrested persons section 51:

If a person has been arrested either under a nonbailable warrant or under a bailable warrant but cannot
furnish the bail (cannot furnish the surety), or

if a person is arrested without warrant either by the police officer or by a private individual acting under
a warrant, and the arrested person cannot seek the bail either legally or due to non-furnishing the
surety, either the police officer making the arrest or, when the arrest is made by a private person, the
police officer to whom he handover the custody of the person arrested,(the police officer) may search
such person, and place in safe custody all articles obtained by such person, other than necessary
wearing apparel, found upon him .

Mode of searching women section 52:

As per section 52 of the code, whenever it is necessary to cause a woman to be searched, the search
shall be made by another woman, with strict regard to decency.

Power to seize offensive weapons section 53:

By the virtue of section 53, the person making the arrest may seize any offensive weapons (if found)
from the arrested person and shall thereafter hand over such weapons to the court or concerned officer

(section 53A is not taught by Sir Ali Raza)

12. ARREST WITHOUT WARRANT:

When police may arrest without warrant section 54:

Section 54 of the code provides the circumstances where the police officer may arrest any person
without a warrant. The following are the situations provided under section 54:

1. Where a person is suspected of being involved in a cognizable offence, based on a complaint,

information, or reasonable suspicion.

2. where a person without a lawful justification possesses tools used for housebreaking.

3. Where a person has been proclaimed as an offender under this code or provincial government.

4. Where a person is found with property suspected to be stolen and there are reasonable grounds
to suspect his involvement in the offense.

5. Where a person obstructs a police officer or attempts to escape lawful custody.

6. Where a person is reasonably suspected of being a deserter (absconder) from the armed forces.
CrPC notes complied by________________________________________________ Sehar Turk

7. Where a person is suspected of committing an offense outside the country which would be
punishable if committed within the country.

8. Where a released convict breaches any rule specified under section 565, subsection (3).

9. Where a requisition to arrest a person has been made, from another officer and such requisition
specifies the suspected person, the offense, and if lawful to arrest without a warrant to arrest
such person.

Arrest of vagabonds, habitual robbers, etc. section 55:

Section 55 of the code provides that any officer in charge of a police-station may himself, in

like manner, arrest or compel another officer to arrest:

a) any person found taking precautions to conceal his presence within the limits of such station,
under circumstances which afford reason to believe that he is taking such precautions to
committing a cognizable offence ; or
b) any person within the limits of such station who has not ostensible means of subsistence, or
who cannot give a satisfactory account of himself (for his presence) ; or
c) any person known or reputed to be a habitual criminal, such as a robber, housebreaker, thief, or
receiver of stolen goods, or someone known for habitual extortion or threatening others to
extort property.

Procedure when police officer deputes subordinate to arrest without warrant section 56:

By the virtue of section 56 of the code, when an officer in charge of a police station or a police officer
conducting an investigation needs a subordinate officer to make an arrest without a warrant (not in their
presence). The officer shall provide a written order specifying the person to be arrested and the reason
for the arrest. Before making the arrest, the subordinate officer shall inform the person to be arrested
about the contents of the order and, if required, show such person the written order.

Refusal to give name and residence section 57:

If any person, in the presence of a police officer, refuses to provide his name and address when
demanded, or provides false information, the officer may arrest such person to ascertain his identity.
Once the person's true identity is confirmed, he can be released on bail, with or without sureties, to
appear before a magistrate if required.

If the person is not a re sident of Pakistan, the bail shall be secured by a surety residing in Pakistan.

If the person's identity cannot be determined within twenty-four hours, or if he fails to provide bail or
sufficient sureties when required, he shall be promptly taken to the nearest magistrate having
jurisdiction.

Pursuit of offenders into other jurisdictions section 58:

A police-officer may, for the purpose of arresting without warrant any person whom he is authorized to
arrest under this Chapter, pursue such person into anyplace in 1[Pakistan].

Explanation. In this section, “police-officer” includes a police-officer acting under this Code as
CrPC notes complied by________________________________________________ Sehar Turk

in force in Azad Jammu and Kashmir.

Arrest by private persons and procedure on such arrest section 59: