September 22, 2019   |   by admin

Short Title and Commencement: (1) This Act may be called the Code of Criminal. Procedure, ; and it shall come into force on the first day. Preface Among the procedural law the Code of Criminal Procedure is very important. The Code was come into force in first July, The Code was enacted. Our legal system’s law of crime is mainly contained in the Code of Criminal Procedure, which provides the machinery for the detection of crime.

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Notes Importance of recording cfpc. Procedure in cases mentioned in section Where warrant may be executed. Administrative order should appear as such on the face of it. A provisional order of a Magistrate undersectionCr.

Law and Justice Commission of Pakistan

Suspension of sentence pending appeal Release of appellant on bail. According to law, criminal action must be commenced within the period of limitation. Union Territories except Chandigarh In their application to all the Union Territories except Chandigarh for cepc 2 and 3 substitute the following, namely ” 2 The State Government, in consultation with the High Court, may alter the limits, or the number, of such divisions and districts.

The primary object of Section is to enable a Magistrate to take interim action so that the aggrieved party may obtain possession of cepc property in due course of law. Name not included in the report. Being a thug or belonging to a gang of dacoits, escape from custody, etc.

A police-officer may, for the purpose 18988 arresting without warrant any person whom he is authorised to arrest under this Chapter, pursue such person into any place in [India]. Whenever it is necessary to cause woman to be searched, the search shall be made by another woman with strict regard to decency.


Though termed as a code, the CrPC is basically a consolidating and amending Act and not a codifying statute.

Bom Act 34 ofS. Action under the section is preventive and not punitive.

He must arrive at a finding regarding possession. Procedure when Magistrate cannot pass sentence sufficiently severe.

But it is a discretionary power of the court. If so read it would be clear that the only question for consideration by the Special Bench is that mentioned in Section D.

Code of Criminal Procedure, (Act No. V of ).

As inserted by States. If there is no sufficient reason to believe that he has committed any offence, he shall be at once released. The State-Appeal does not lie as a matter of course, being merely a creature of law. Magistrate has no power to attach property. A tooth for a tooth, an eye 189 an eye, a life for a life was the forerunner of criminal justice.

Further Regulation of the U.

Examination of Sections 54 & of the Code of Criminal Procedure – PKLJC 49

Provided that no power shall be conferred under this sub-section on any police officer below the grade of Assistant or Deputy Superintendent and no power shall be conferred on a police officer except so far as may be necessary for preserving the peace, preventing crime and detecting, apprehending and detaining offenders in order to their being brought before a Magistrate, and for the performance by the officer of any other duties imposed upon him by any law for the time being in force.


If the person in respect of whom such order is made is present in Court, it shall be read over to him, or, if he so desires, the crpd thereof shall be explained to him.

The condition as to the first information report being reduced to writing and that it shall be signed by the person giving it seems to be a mere matter crrpc procedure and failure to observe the procedure as to signature would not make the information given, if it is reduced to writing, inadmissible. Long lapse of time 2.

Recusant complainant or witness may be forwarded in custody. Under Sectionthe Magistrate has to 1988 as to the fact of actual possession of the subject of dispute on the date of the order.

Where in proceedings under Section affidavits sworn before an Oath Commissioner appointed by the High Court were filed as evidence held that cdpc affidavits are no evidence because the affidavits which may be filed in such proceedings must be ones sworn or affirmed by the Magistrate or some person appointed by him.

For the words “Section 1 “, the words “Section 1 ” shall be substituted. Sanaullah-First Judge of the High Court refused bail. Direction of warrant for execution.