1. AN OVERVIEW OF THE
CODE OF CRIMINAL
PROCEDURE,1989
Zia Ur Rehman
Additional District & Sessions Judge
Senior Director Administration
KPJA, Peshawar
2. What is Law?
What are types of laws?
Who can Check validity of a law?
3. Law: Rules to Regulate Human
Conduct
Right & duty : Phenomenon recognized by &
enforceable at law - both co-exist
Offence : act or omission made punishable by
any law.
4. Types of Law
Substantive : Create ,Define or extinguish any
right or obligation
Procedural: Provide mechanism for
enforceability, in case of breach of duty or
infringement of right
5. Purpose of Procedural law
Transparency
Uniformity
Disciple
Systemization
Recording
ensure due process
of law
6. Code of Criminal Procedure
Act of No. V of 1898 (01—07-1998)
For whole of Pakistan
FATA & PATA Application; through special
Presidential or Governor’s Notification
Part 1X (09)
Chapters XLVI (46)
Sections 565
Schedule V(05) statement of offences, powers
of provincial magistrates, additional powers,
forms
7. Relevant Statutes
Pakistan Penal Code (offences defined
Punishments prescribed)
Special & Local Laws
Qanoon-e- Shahadat (competence,
admissibility & Rules of Evidence)
Police Act 2009 ( Prevention &
Investigation)
Police Rules 1934
8. Types of Offences
Cognizable --- Sec 4(4) – Sec 54/154 - Sec
155
Non-Cognizable ----------- Sec 200, Sec 195 (1)
Scope: Applicable to investigation inquiry &
trial under PPL & other law (see 5)
9. Scheme of CrPC
Classes of Criminal Courts
Courts of Sessions (SJ & ASJ)
Courts of Magistrates ( see 30, 1st, 2nd & Class
III)
Special Magistrates
Subordination of Magistrates
10. Jurisdiction
Eighth column of schedule II (PPC offences)
Powers: High Court inherent
Courts of session capital, death subject to
confirmation
Magistrate See 30- 7 Yrs
1st 34 yrs + Rs 45000
2nd – 1 yr + Rs 150000
3rd - 1 month + Rs. 3000
11. Who can arrest
Any police officer
Magistrate
Justice of Peace
12. When can Arrest
C I P S O D O R
A
Cognizable
Instrument of house
breaking rules
Proclaimed offend
Stolen property
Obstructs
Deserter
Outside
Pakistan
Released Convict breaking an
Adjoining Police Statio
13. Prevention of Offences
(Magistrate)
Security Proceedings (Sec 106 to 126)
Maintenance of Public Peace – (use of civil or
military force) (Sec 127 to 132)
Unlawful assemblies
14. Public nuisance
1) Removal of nuisance: (sec 133 to 144)
Any unlawful obstruction
Trade or occupation injurious to health
Construction of building or disposal of any substance
likely to occasion conflagration or explosion.
Any building, structure of tree likely to fell & cause
injury.
Destruction or confinement of any dangerous animal.
2) Condition order
3) Procedure & Disposal
4) can’t be called in question in civil court violation
culpable v/sec 188 PPC(compaint)
15. Sec 144 Zila Nazim / DC
Duration (2 consecutive days or 7 days in a
month kP DC & 2 Months)
Violation culpable v/sec 188 PPC (through
complaint)
5) Absentee Order at once sec 144
to prevent nuisance
16. 6) Dispute regarding possession of
immovable property
Attachment order (sec 145 to 148)
Inquiry into possession
Final order
Order o civil Court shall previal
Appointment of reciever
Costs
17. Preventive Action of Police (sec
149 to 153)
Commission of cognizable offence
Power to Arrest to prevent
Prevention of injury to public property
Inspection of weights & measures
18. When an offence committed
How to set the Law into motion
FIR, if cognizable (sec 154)
Complaint ( irrespective of nature of offence)
Police Report, Daily diary, of non cognizable.
(sec 155)
Rewely against Police, if refuse FIR petition
v/s 22-A to Justice of Peace
19. Investigation
Site preservation
Statements (161 & 164)
Recoveries
Arest ,Postmartem/ Death inquiries
Remand , Confessions
Discharge
Bavf , Disposal of property (523, 550, 516,-A &
517)
Challan /Interim ( Three Types)
20. Cognizance &Prosecution
Role of magistrate ( sec 190)
Prosecution against public servants ( sec 197)
Prosecutors (sec 492,493)
Withdranod (494)