THE
CRIMINAL TRAIL BY CRIMINAL PROCEDURE
CODE 1898
22 march 1898 into force 1st July 1898 Total section
in Cr.P.C-565 Schudeles-05
Before start Magistrate Trail some important sections
|
1. Police may arrest without
warrant |
section-54. |
|
2. Police may arrest vagabonds, habitual robber’s |
section-55. |
|
3. person may arrest not detained more than 24 hours |
section-61 |
|
4. Discharged person
apprehended |
section-63 |
|
5. Proclamation
of person absconding |
section-87 |
|
6. Attachment of property absconding |
section-88 |
|
7. Search to be Made
in presence of witness |
section-103 |
|
8. First Information Report (F.I.R) |
section-154 |
|
9. Information in Non-Cognizable offence (N.C) |
section-155 |
|
10. Examination
of witness by the Police |
section-161 |
|
11. Record statement/Confession by Magistrate |
section-164 |
|
12. Investigation
not complete in 24 hours need remand |
section-167 |
|
13. After period
15 days court adjourn/postpone remand |
section-344 |
|
14. Release of accused by Police if evidence deficient |
section-169 |
|
15. Final Report/ Challan submitted by Police |
section-173 |
|
16. Cognizance offence
by the Magistrate |
section-190 |
|
17. Magistrate sand case which
triable by courts
of session (F.I.R
case after submission of challan) section-190(2) |
|
|
18. Magistrate send complaint which triable by courts of session |
section-190(3) |
|
19. Cognizance
of offence by session judge |
section-193 |
|
20. Examination of complainant/ complaint before
Magistrate |
section-200 |
MAGISTRATE TRAIL STEP BY STEP
1. Magistrate Trail
start from Framing
of Charge
2. Copy supply of statement free of cost to accused section-241-A
3. Charged to be Framed section-242
4. On the admission of truth by accused / Plead
guilty convicted under section-243
5. Court can take evidence of witness of the case section-340 CrPC Article- 130/132
Q.S.O 1984
6.
Cross Examination of witness Article-134
QSO
7. Power to examine the accused section-342 CrPC
8. Manner
of Recording Evidence section-354
9. Record
in trail in certain cases by 1st
and 2nd class magistrate section-355
10. Magistrate record
statement of accused
section-244-A
11. Acquittal accused
section-245(1)
12. Sentence As per law section-245(2)
13. False accusation Magistrate can fine 25000/- section-250
14. Power of magistrate to acquit to accused at any stage section-249-A
Some Important
sections for Power of Sessions
Court
Ø
Powers of Justice of Peace Section-22-A
Ø
Duties of Justice of Peace Section-22-B
Ø
Cognizance
of Offence by Session Judge Section-193
Ø
Power to issue directions
of the nature of habeas
corpus Section-491
Session Court Trail Step by Step
Þ Copy supply of statement free of cost to accused Session-265-C
Þ Charged to be Framed Section-265-D
Þ On the admission
of truth by accused/ plead guilty convicted
Section-265-E
Þ Evidence of Prosecution Section-265-F
Þ Section-340 CrPC Court can take Evidence
of witness of the case by apply
Article-130/132 QSO.
Þ Power to examine the accused Section-342
Þ Manner of Recording Evidence
section-354
Þ Section-265-H (1) acquittal accused Section-265-H
(2) Sentence As per Law
Þ Power of Court to acquit to accused
at any stage Section-265-K
Some
Important Sections of CrPC
«
Modes of delivering Judgment Section-366
«
Sentence of Death
submitted by session
court for conformation Section-374
«
Power of High court to confirm sentence
of Death Section-376
«
Power of Provincial Government to suspend
or remit sentence Section-401
«
Power of Provincial Government to commute
Punishment Section-402
«
Appeal from sentence
of court of session section-410
« Appeal in case of acquittal
(acquitted any court except high court
and supreme court)
section-417
« Suspension of sentence
pending appeal appellant on bail section-426
«
Arrest of accused
in appeal from acquittal section-427
«
High courts
power of Revision section-439-A
«
Report of chemical
examiner serologist section-510
«
Record of Evidence
in absence of accused
section-512
«
Order for custody and disposal
of property trail in certain
cases section-516-A
«
Procedure
to police upon seizure of property section-523
«
High court may transfer criminal
cases section-526
«
Power to summon to material
witness section-561-A
CIVIL TRAIL VIA CIVIL
PROCEDURE CODE 1908
Total section in CPC-158
Total Orders-52, Total schedules-5
i.
Institution
of suit by plaint O 4 R 1
ii.
Register of suits O 4 R 2
iii.
Issue of summons to the
defendants O 5 R 1
iv.
Pleading O 6 R 1
v.
Amendment of pleadings
O 6 R 17
vi.
Plaint Particular/particulars to be contained in plaint O 7 R 1
vii.
Procedure admitting Plaint (concise statement) O 7 R 9
viii.
Return of plaint O 7 R 10
ix.
Rejection
of plaint O 7
R 11
x.
Written statements may field O 8
R 1
xi.
New facts must be specially
pleaded O 8 R 2
xii.
Appearance
of parties/ Parties to appear in
court in given date on summon O 9 R 1
xiii.
Parties not
present suit may be Dismissed
O 9 R 3
xiv.
Court may proceed
Ex-Party O 9 R 6 (1) (a)
xv.
Setting aside decree ex-party by court O 9 R 13
xvi.
Examination
of parties by court O 10 R
1
xvii.
Oral examination of party O 10 R 2
xviii.
Discovery
and inspection parties
documents O 11 R 1, 2
xix.
On admissions O 12 R 1
xx.
Production/Impounding/Return documents O 13 R 1, 2
xxi.
Return the admitted
documents O 13 R 9
xxii.
Settlement
of issues/ framing of
issues by law O 14
R 1,
2
xxiii.
Amend and
strike out issues O 14 R 5
xxiv.
Disposal of Suit at the first hearing/ both parties not on issue O 15
R 1, 2
xxv.
Summoning and attendance of witness/
expenses of witness O 16 R 1, 2
xxvi.
If any witness fails to appear warrant will be issued to the witness O 16 R 10 (1, 2)
xxvii.
Adjournments
grant O 17 R 1
xxviii.
Court may grant adjournment on cost O 17 R 2
xxix.
Hearing of the suit and examine the witnesses O 18
R 3, 4
xxx.
Court may
Recall and examine the witness any stage O 18 R 17
xxxi.
Judgment and Decree
Pronounce O 20 R 1
xxxii.
Execution of Decree and Order/modes of paying money under decree O 21 R 1
xxxiii.
Withdrawal
and adjournment of suit O 23
R 1
xxxiv.
When withdrawal on compromise O 23 R 3
xxxv.
Summary procedure on negotiable instruments suits O 37 R 1, 2
xxxvi.
Temporary
injunctions and interlocutory order O 39
R 1
xxxvii.
Appointment
of Receivers O 40 R
1
THE FAMILY TRAIL PROCEDURE BY FAMILY ACT 1964
Total section in Family
court act 1964 is -26
ü
Jurisdiction
of family court Section-5(1)
ü
Institution
of suit section-7(1)
ü
Amendment in plaint
section-7(3)
ü
Summon to defendant
and chairman section-8(1)-B
ü
Proclamation
in news Paper section-8(1)-C
ü
Written statement section-9(1)-A
ü
Ex-Party proceeding section-9(5)
ü
Decree passed
ex-party within 30 days
of service to defendant section-9(7)
Proceeding after written
statements
ü
Date fix
for pre-trail section-10(1)
ü
Pre-trail fail no compromise in parties issues
frame section-10(4)
ü
Recording
of evidence court examine the witness section-11(1)
ü Conclusion of trail after close the evidence
court shall make another
efforts for compromise within 15 days section-12
(1)
ü
Family court
shall announce the decree
and judgment section-12(2)
ü
Execution of decree section-13(5)
Appeals
ü Appeal to high court and district court section-14(1) Limitation for Appeal 30 days under
rule 22(1)
ü Power of court summon to witnesses
section-15(1)-A
ü
Contempt of family
court section-16(a)
ü
Interim order for maintenance section-17(a)
ü Transfer of cases section-25(a) (1) district court section-25A(2A)
ü
Stay of proceeding by high court and district court section-25B (A&B)
Q:- What is
First information report
(F.I.R)?
Ans:- F.I.R is the first information of occurrence, which is to be
appreciated by the police officer
whether it relates to the cognizable offence or non-cognizable offences. The procedure of such report is given
under the code of criminal procedure
section 154. Whereby the information has been given
to the police that an information of crime of
accusation given with the sole object to putting to police in motion in
order to investigate.
This is first information in point of time, whereby
investigation commences with the sole object to obtain early information.
Q:- What is Offence?
Ans:- Every punishable act which is done by person under any law for the time being in force.
Q:- What is Bail?
Ans:- Bail is an order of court to
Temporary transfer of an accused from Police custody into the custody
of sureties.
There are following forms of Bail.
1. Interim Bail.
2. Permanent Bail or Confirmed bail.
3. Bail in non-cognizable offence.
4. Bail in Cognizable offence.
5. Bail after arrest.
6. Bail before arrest.
7. Bail after conviction.
Interim Bail:-
Interim bail or temporary bail is granted for specified period even without
hearing the prosecuting case.
Permanent Bail/Confirmed Bail:-
Is granted after hearing the parties the petitioner and
the prosecution.
Bail in non-cognizable offence:-
Non cognizable offences
are bailable and even incharge
of police station
can grant bail and release the accused.
Bail in cognizable offence:-
Cognizable offences are non-bailable therefore
bail in such
cases can only be allowed by the court.
Bail after arrest:-
When accused has been arrested by the Police, Bail may be granted
to accused under section 497 of the criminal procedure code.
Bail before Arrest:-
When accused has not been arrested by the Police,
Bail may be granted to accused under section 498 of the criminal procedure
code.
Bail after conviction:-
Q:- Which are Bailable and Non-bailable Offences?
Ans:-
1. Bailable:.
Trivial punishments are treated as bailable.
2.
Non-Bailable:. Severe Punishments are considered as Non-bailable Offences.
Q:- Which are Cognizable and Non-Cognizable Offences?
Ans:- cognizable offences are
those in which a police
officer may arrest
the accused in accordance
with second schedule or any other law for the time being in force without ant warrant.
Non-cognizable offences and
non-cognizable cases means such offences in which police officer may arrest the accused without warrant delay issued by the magistrate.
Q: - Compoundable and non-Compoundable Offences?
Ans:-
Compoundable:- all those offences
which are shown compoundable of trivial nature
related to the personality of the individual, thereby the law has permitted
to settle the dispute.
Non-Compoundable:- there are certain
offences which specified
in the second schedule of
the code, which are emphatically mentioned as non-compoundable offences.
Look like 302, 376
are non-compoundable offence.
Q: - What is Investigation ?
Ans:- every proceeding conducted by the
police officer or any other authorized person
in his behalf by the magistrate called to investigation.
Q:- What is Inquiry ?
Ans:- an
inquiry includes every inquiry
which is conducted under this code by the magistrate or a court, ( But it is
not include trail).
Note:-
Where trail of
the case starts there inquiry or investigation end. Investigation includes every inquiry, its primary aim is to differentiate
between truth and
false.
Q: - What is Trail?
Ans: - Trail means proceedings which
competence when the case is called to the court, accused is in duck and for the defense in the court for the
hearing of the case and it end conviction/acquittal.
Trail in criminal
case commence with framing of charge and in summon cases it starts when accused is brought before the
magistrate and particulars of the offences are started to him and magistrate proceeds
to hear the complaint and the prosecution evidence.
The trail concludes on the date when the judgment is passed whether
it result into acquittal or conviction.
·
The following has been provided for holding trail.
1. Trail by the
Magistrate (u/s 241 to 250 CrPC)
2. Trail
by Session Court (u/s 265-A to 265-N CrPC)
3. Summary trail (u/s 260 to 265 CrPC)
Q: - What is Charge?
Ans: - charge means list of charges
containing allegations against to the accused. Section 221 to 223 deals with the format
or particulars and manar of recording statement of allegations against
to the accused.
Q:- What is Complaint?
Ans:- Complaint means all those
allegations which are verbally or in written
brought before the magistrate, obliging
him to proceed according to the Code.
Q:- What is Remand?
Ans:- Accused arrested
by the Police without Warrant than police can not cross the limit
of time of 24 hours before the time limit police have to produce the accused before the nearest Magistrate who may pass
the order of remand under section 167 CrPc.
·
Following are Kinds of Remand.
1.
Police Remand.
2. Judicial Remand.
Police Remand:- Accused is kept in Police Lock Up in Police Station.
Police Remand can not exceed 15 days in the whole. It is regulated by the section
167 CrPc.
Copy of Order of Police remand with reason is sent to the Session judge.
Judicial Remand. Accused is kept in Judicial
Lock Up in Jail.
Judicial
Remand Can exceed 15 days in the whole. Copy of Order of Judicial remand with reason is sent
to the Session judge.
It is regulated by the section
344 CrPC.
Q:- What
is Discharge and acquittal?
Ans:- an accused is final in all the perspectives, whereas the order of discharge
is not final.
An accused who is discharge can again be charged for the same offence,
If evidence is discovered against
him.
Whereas an accused who is acquittal
can not be put on trail
for the same offence under which
he has been acquitted.
Q:-
What is Inquest Report?
Ans:- an inquest report is prepared by the Police Officer under
Pule 25, 35, Vol. 3 Police Rule 1934
in case sudden or unnatural death of person requires that inquest report shall state apparent cause of
death, give the description of any mark or marks of violence found on death body and describe manner in which and weapon with which such marks
appeared on death body.
Q:-
What is Judicial Proceedings?
Ans:- Proceeding in which the course of witness is called up for
obtain any evidence
or it may be legally taken on oath.
Any person
who is entitled to determine
points of controversy between parties and mark a legal decision
carries out judicial proceedings.
Q:- What is Pleader?
Ans:- Pleader is An Advocate, an attorney of the High court delay authorized in this behalf
and any other person who is appointed with such proceeding.
Q:- What is Prosecutor?
Ans:- any person
which has been appointed under section 492 of the code of criminal procedure 1898.
It also includes
any person acting in accordance with the directions of the Public Prosecutor and any person conduction
prosecution on behalf of the state in High court. Q:- What is Medico
Legal Report?
Ans:- Medico legal report conducted by
the DOCTOR on the body of injured person or
deceased person.
Q:- What is Post Mortem Report?
Ans:- Post Mortem examination means of
the death body by the qualified surgeon. The legal
requirement in the respect of post mortem examination contained in section 173(3) Cr.P.C.
in every case appears
to be due homicide, suicide, or accidental causes
and where any doubt exist cause of death, the
death body shall be sent to the nearer medical
office which authorized by provincial Government to conduct the post
mortem examination.
Q:- What is Serologist Report?
Ans:- Government has appointed chemical
examiner on special
serologist duty to carry out his
special branch of medico-Legal work.
The work of serologist would be conduct
the point whether
blood satins were common or animal.
In case on the establishment
of facts the blood stains are of human blood
as distinct from animal blood.
The serologist will after
examination article sent to him by chemical examiner return them with a copy of his report to
superintendent concerned under section 510 Cr.P.c , Report of serologist can be used for evidence
without calling serologist as a witness in the court.
Q:- What is Different between
summon and warrant?
Ans:- A Summon:-
is a document
issued form the office of the court of
justice calling upon the person to whom it is directed
to attend before the magistrate or officer of the court.
Warrant:-
Magistrate sent the order to the Police or certain person
directing to him to arrest the accused and to produce him before the court.
Q:- What is
Confession?
Ans:- the word confession as used in the
order of Qanoon-e-shahadat,
The confession of accused is
defined under section 164 of the Cr.P.C a full procedure of recording confession by the accused
before the magistrate with reference to section 164 Cr.P.C has been propound in the case law, as soon as accused is
produced before the court of
magistrate his hand cuffs should be removed and police should be turned out from court.
Accused be informed that he before the magistrate and whether he makes any statement or not he would not be given back to
police who produced him but he be remanded to
judicial lock up
He should
then be given sufficient time to ponder over the matter thereafter he should be wanted that he is not bound to make any
statement,
But if he did so it will be used as evidence against
him the following
questions then are put to him.
1. For how long have you been with police?
2. Has any pressure been brought to bear upon you
to make confession?
3. Have you been threatened to confess? 4.
After the recording the accuser’s answer if the magistrate is satisfied that accused is making
confession voluntarily he would then should
proceed his confession
Q:- What is Judicial
Confession?
Ans:- Judicial confession are those which are made before the magistrate in judicial proceeding
The resource of such confessions
is provided under section 164 and 364 of the Cr.P.C The purport of those confession is to make voluntarily quilt by
the accused freely made without any pressure,
force upon him such statement should be made before the accused and magistrate should
be satisfy before recording such statement
·
confession
made in immediate of the magistrate
·
confession
which led to the discovery
of facts
·
confession
without ant inducement, threat or promise
Q:- What is Extra
Judicial Confession?
Ans:- such confession which
neither made before the magistrate nor in the recourse of legal proceedings of law
Recording of such confession even in the fit state of sense and voluntarily by the accused person before any other person
then the magistrate carry on evidentially value
and seized incriminating attributable
with the accused.
INQUIRY BY MAGISTRATE IN CUSTIDIAL DEATH.
When any person
dies in custody of police the nearest magistrate has empowered to hold inquests shall and in any other case mentioned in section
174 clauses (a) (b)
and
(c)
of sub-section 1 every magistrate is empowered may hold
any enquiry into the cause of death either instead of or in
addition to the investigation held by the police officer and if he does
so, he shall have all
powers in conducting it
Magistrate has a
power to order for such inquiry to record the evidence according to circumstances of the case.
Q:- What is Bail And Bail Bond?
Ans:- Bail means release of an accused person from the custody of
Police to handover the custody to
some other person who undertakes for his appearance before the court. In case of non-appearance of accused surety bond would be canceled and surety would
be required to pay the
amount mentioned in the surety bond.
Court of Sessions:-
The provincial government has established a court of session
for
every session division
and appoints a judge
of such courts.
And also appoint additional session judges and assistant session
judges to exercise
jurisdiction in one or more such courts.
Place or places for sitting of session judges
also order by the provincial government.
Cognizance of offence
by magistrate:-
Section 190 authorized a magistrate to try a
case on the basic of police
report irrespective of the fact that
the case is cognizable by the
police or not.
Powers of Magistrate:-
Magistrate of 1st Class:-
According to section 30 CrP.C magistrate of 1st class may pass any sentence
except death.
Imprisonment for term not exceeding
3 years.
Fine not exceeding 45000
forty five thousand
rupees. Arsh, Daman, and whipping.
Magistrate of 2nd Class:-
Magistrate of 3rd Class:-
Imprisonment for term not exceeding One years. Fine not exceeding
5000 five thousand
rupees.
Imprisonment for term not exceeding
One month. Fine not exceeding 1000 one thousand
rupees.
Q:- Whether
magistrate is empower
to make inquiry
in Death cases?
Ans:- According to section 176 when any person dies when in the
custody of police, the nearest
magistrate is empowered to hold inquests.
Q:- Define the Grievous
injury by burns section-174-A?
Ans:- according to section 174-A magistrate is also empower to
record the statement of injured
person, where a person grievously injured by burns through Fire, Oil, Or Chemical.
Q:-Whether Magistrate is empower to require fresh surety?
Ans:- According to section 91 CrPC Magistrate is empower to take
bond for appearance when any person
for whose appearance is necessary and he is present in such court such officer
require a bond with or without surety for his appearance in such court.
Q:-What is wrongfully confined define section-100?
Ans:- according to section-100 if
any Magistrate of 1st Class or sub-Divisional Magistrate has reason
to believe that any person
has wrongfully confined, under such circumstance
that the confinement amount to an offence,
He may issue search warrant
lie with magistrate 1st class
or sub-divisional magistrate.
Q:-Define the section-133 Nuisance?
Ans:- according to section-133 (1) whenever magistrate of the 1st
Class considers that or receiving a police report or other information and taking
such evidence (if any) as he think fit that any unlawful nuisance should be removed from any way,
That the conduct of any trade,
occupation, or keeping of any goods that are injurious
to the public health or
physical comfort of the community, should by removed or keeping thereof
regulated.
Q:- Define the unlawful Assembly
section-127?
Ans:- any assembly
of five or more persons,
which assembling unlawfully in public peace.
The farmer means of assembly unlawful
from its beginning was not unlawful but after assembling it turn into unlawful assembly.
Note:-
Q:- Define Prevent
a nuisance or apprehended section-144?
Ans:- according to section-144 provide for the issue of temporary order in urgent
cases of nuisance or
apprehended danger, it confers power on certain magistrate to take prompt action in cases of emergency.
Q:- Define power of acquittal section-245?
Ans:- according to section-245 magistrate after
examining the evidence referred to under section-244 or any further evidence
which he has required
to be produced of his own motion and examine the accused.
If finds the accused
not guilty of offence charged
with, shall record an
order in writing
for the acquittal of the accused.
Q:- Define Withdrawal of complaint
section-248?
Ans:- if the complainant at any time
before a final order is passed in any case satisfies the magistrate that there are sufficient ground
for permitting him to withdraw the same and shall thereupon
acquit the accused.
Q:- Define the power to
stop proceedings when no complainant section-249?
Ans:- in any case instituted otherwise than upon complaint
magistrate may reason to be recorded
by him stop the proceedings at any stage without pronouncing any judgment either of acquittal or conviction and may thereupon release the accused.
Q:- Define power of magistrate to acquit the accused at
any stage section-249-A? Ans:- Nothing in
this section shall be deemed to prevent a court from acquitting an accused at any stage of the case after
hearing the prosecutor and the accused and for
reasons to be recorded,
It considers
that the charge
is groundless or that there is no probability of the accused
being convicted of any offence,
The accused should be acquitted at any stage of case.
Q:- Define Confession section-164, 364?
Ans:- a confession means an admission of certain
facts which constitute an offence,
Made by the person who is charged with offence which is the subject
matter of the statement.
The procedure is provided under
section 164 CrPC whereby magistrate of 1st class or 2nd class record any statement or confession made to him in the course of investigation or before the commencement of the inquiry
or trail.
Such
confessions shall be recorded in the manner as provided in section 364 CrPC and statement
or confessions shall
be forwarded to the magistrate trying on inquiry
the case.
Warning to Accused:-
Q:- Define cognizance in direct complaint section-200 CrPC?
Ans:- Statement of complainant in direct complaint
should be recorded
by the magistrate and order to exclude all possibilities.
Ø such statement should not be recorded
by the reader or any clerk.
Q:- Say something about dispute of immoveable property
section-145?
Ans:- according to section-145 of CrPC the prevent parties
to fight over the possession of immoveable
property and to shed blood and disturb
peace.
Ø Action By the Magistrate
under section-145 :-
1.
He can declare
as to the possession of the parties.
2. Restoration in case of forcible dispossession
3. He can stay the
proceeding and then refer to court
of competent jurisdiction.
Q:- Define section-146 power to attach
subject of dispute?
Ans:- According to section-146 if the magistrate unable to satisfy as to which of them was such possession of the subject of
such dispute , He may attach it until a competent court has determined the right the parties thereto, or the
person entitled to possession thereof.
Q:- What is different between-516-A & 517 CrPC?
Ans:- Both section relates
to disposed of property regarding which offence committed.
·
Order 516-A:- property should be disposed
of or deliver to rightful
claimant during the pendency of trail.
·
Order 517:- property should be deliver or disposed of after conclusion of trail.
Q:- Whether magistrate is empower to deliver a property
which was seize by police
on suspicious or stolen section-
523 CrPC?
Ans:- Section-523 deals with the disposal of property
seizes by police
under section 51 or 550.
A Magistrate is empower to
deliver suspected property or restore a possession of property which seized by police,
Magistrate after satisfaction that the offence
charged is not made out the property should be
returned to the person, or make such order he
thinks fit.
Q:- What is different
between Summon & Warrant Define
section-68 to 75 CrPC? Ans:-
Summon:- Under section-68 A summon is addressed to a person who is directed
to personally appear
before the court or produce
such thing or evidence
or document which is necessary
for the case under consideration of the court.
·
Modes of issue the summons:- the court may issue the summons for following purpose.
1. To call an accused before the court.
2.
To call a witness
for recording evidence
3. To
compel attendance of the accused
before the court
4.
To call any document or thing relevant to the case
·
Warrant:- Warrant is an order of the court issued to the Police officer
who is directed to arrest the
person named therein and produce him before the court.
Kinds of warrant
1. Arrest warrant.
2. Search warrant.
·
Arrest
warrant:- according
to section-75 this is such an order of the court whereby
the concerned SHO is directed
to arrest the person named
in the warrant and produce before the court.
·
Search warrant:- where the court of competent jurisdiction has reason
to believe that the person in whose name a summon of the court for production the documents or any material
is issued , will not produce such
material or documents in situation the
court may issue the search warrant.
Important CrPC MCQs
According to Chapter 16 a complaint
may be dismissed by a court under section CrPC. A. 201
B. 202
C. 203
D. 204
Chapter 17 of CrPc is:
A.
Of the commencement of proceedings before
courts.
B. Of inquiry
into cases triable by the Court of Session or High court.
C.
Of the trail of
cases by magistrate
D.
Of the trail
of warrant cases by magistrate
Under which section of CrPC court has power to compound offences: A. 344
B. 345
C. 346
D. 347
Under section 497 (in petty matters)
of CrPC bail can
be granted:
A.
By police
B. By the police
as well as the magistrate
C.
By the
magistrate
D. By the magistrate only &
not the police
Under section
479(5) of CrPC the jurisdiction to cancel the bail vests
with:
A.
The court of sessions
B.
The high court
C.
The court of tehsildar
D.
Only a & b.
During inquiry or trail under section 346 CrPC magistrate can remand the accused
A. For a maximum of one month at
a time
B. For a maximum
of 15 days at a time
C.
For a maximum
period of 14 days at a time
D. For a period
till next date irrespective of days
Joint trail of several persons
is permissible:
A. Under
section 219
B.
Under section 221
C. Under section 239
D.
Under section 222
Under which provision
of CrPC the magistrate pass an order
of sentence:
A.
30
B.
31
C. 33
D.
34
Warrant is a:
A. Private document
B.
Secret document
C. Public document
D.
Semi-secret
document
Magistrate has no authority to exercise the power of civil nature. Mention the relevant provision
of CrPC:
A. 86
B. 86A
C.
87
D.
88
Proceeding under section 145 of CrPC:
A.
Judicial
B.
Quasi-judicial
C.
Executive
D. None
Is there any concession in bail matters
to women, a child and a sick person?
A.
No
B.
Depends on the circumstance
C.
Discretion of the police
D.
Yes (concession is available)
Under which section of CrPC court can seize the property of absconding person?
A. 87
B. 88
C.
89
D. 90
Mala-fide of the police and complaint is a good ground for:
A. Bail after arrest
B. Bail before arrest
C.
For acquittal of the accused during trail
D.
None
The FIR can be quashed
in the exercise of inherent
powers by:
A.
The magistrates
court
B.
The court of session
C. The high court
D.
Either (a) or (b)
or (c)
by which provision high
court may transferred case or itself try it:
A. 522
B. 527
C. 528
D. 529
Can provincial government having any power regarding the transferred of criminal cases and appeal.
Mention the relevant
section:
A. 525
B. 526
C. 527
D. 528
The procedure for trail before a court of sessions is provided
under section: A. 260 to 265
B. 238 to 250
C. 251 to 259
D. 265A to 265N
When was CrPC enacted for sub-continent?
A.
22 march 1898
B.
22 march 1899
C.
22 march 1900
D. None
When CrPC enforced
in sub-continent for criminal adjudication?
A. 1st June 1898
B. 1st July 1898
C.
1st august 1898
D.
1st September 1898
When CrPC made applicable in Pakistan?
A.
15th
August 1947
B.
14th August 1947
C.
13th August 1947
D.
12th August 1947
Which is the highest
court of appeal in province?
A.
High court
B.
District court
C. Tribunal
D.
none
Can inquiry be conducted
by other than a court?
A.
Yes
B.
No
Who is Ex-offico justice
of peace?
A.
Magistrate
B. Sessions/Additional session judge
C.
Civil judge
D. None
Mention the Sections, in which a criminal case can
be registered by the order of Ex-officio justice of peace?
A. 22A/ 22B
B. 25/26
C. 23/24
D. None
How criminal cases are tried by different criminal courts?
A.
Schedule-II Column 8 tells which offence
is triable by which court
B. Schedule-I Column 7
tells which offence is
triable by which court
C. Both (a) & (b)
D.
None
Under which section of
CrPC complaint in case zina lodged in competent court of law?
A. 202
B. 203 A
C. 204
D. 205
Which section of CrPC 1898 deal with acquittal?
A. 325
B. 324
C. 323
D. 245
According chapter 16 of CrPC
a complaint may be dismissed by a court under section: A. 201
B. 202
C. 203
D. 204
Power to issue directions of nature of Habeas Corpus
is vested with:
A.
Session court
B. Criminal court
C. High court
D.
Supreme court
Section 529 of CrPC deals with:
A.
Irregularities which do not vitiate proceedings
B.
Irregularities which vitiate proceedings
C.
Proceedings
in wrong place
D.
Non of the above
Section 172 deals with:
A.
Diary of proceedings in investigation
B.
Complainants
and witnesses not to be required
to accompany police
officer
C. Report of police officer
D.
Non of the above
According to section
6 there are classes of executive magistrates:
A.
4
B. 5
C.
7
D.
None
An assistant session’s
judge can pass the following sentence:
A. Any sentence
authorized by law but death sentence is subject to confirmation
B. Imprisonment upto 10 years
C. Any sentence authorized by law except
a sentence of death, or of imprisonment for life or of imprisonment exceeding 7 years
D.
None
section deals with arrest
without warrant:
A.
46
B. 54
C.
59
D. None
Arrest without warrant can be made by a police officer:
A.
Of any rank
B.
Officer incharge of police station
C.
Not below the rank of officer incharge
of police station
D. None
Warrants of arrest are of kinds:
A.
2
B.
3
C.
4
D. None
Which section
of CrPC 1898 deals with sentences which magistrates may pass?
A.
30
B.
36
C. 34
D.
32
Only magistrate is empowered
under section 127 to disperse an unlawful assembly
A.
Executive
B. Judicial magistrate
C. Both a &
b
D.
None
After recording confession the accused is:
A.
Sent back to the police
custody
B. Kept in judicial
lockup
C.
Set free
D.
None
FIR is to be signed by the informant.
A.
Required
B.
Not required
C. Both a &
b
D.
none
Section deals with the inherent
powers of high court:
A. 151
B. 551-A
C. 561-A
D. None
Police officer can investigate in non-cognizable offence
without an order of the magistrate.
A.
Correct
B. Incorrect
C.
Both a & b
D.
None
Under chapter 32 of CrPC High Court’s power of revision
come under section:
A. 437
B. 438
C. 439
D. 440
Section 404 proves
as under:
A.
All orders or judgment are not appeal able unless
otherwise provided
B. All orders or judgment are not appeal able
C.
Both a & b
D. None
Confirmation of death sentence by the high court must be sighed
by:
A.
Two judges
B.
One judge
C.
Three judges
D. None
Where high court refuses to confirm death sentence passed by the session court, the
Supreme Court has the power act 185 of the constitution to confirm the death
sentence passed by the session judge.
A.
Correct
B.
Incorrect
C.
Both a & b
D. None
Additional evidence can be
taken by the appellate court under section:
A. 401
B. 428
C. 418
D. None
Incase of a women
accused custody to the police remand shall not be granted under section 167 except in Qatl and Hurt cases:
A.
Correct
B.
Incorrect
C. Both a &
b
D.
None
The person which may be changed
jointly are listed in: A. 237
B. 239
C. 236
D. 238
Board
of Revenue Sindh
Government of Sindh
Documents Required
for Registration of Property
þ Under-mentioned documents are part of every Property registering at S.R.O.
Ø CNIC Copies of
both parties i-e seller, Purchaser
Ø Title document, signatures and presence of both parties
Ø Photographs of both parties
Ø All tax documents i-e advance tax, town tax,
gain tax c.v.t.
Ø And stamp duty etc.
þ
Mutation (Extract
from FC.M) for all documents
þ If any disputed
case decree of the court must be attached to all deeds
þ In relinquishment deed if owner party
has been died then legal heir ship certificate F.R.C from NADRA,
Succession certificate from court
is needed
þ
In case of bank mortgage permission to mortgage is required
þ
In case of redemption NOC from bank and
two representatives from bank are required
to process the document
þ In case of oral gift to blood
relationship, sister, brother,
daughter along with all necessary
documents as above
required
þ If any case of religious trust deed ministry
of NOC from ministry of foreign affair is required
þ
If any case of normal trust deed NOC from relevant
deputy Commissioner is required
þ If purchaser/Seller is foreigner the NOC from Finance/State Bank of Pakistan
is required
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