- Section 248, 249

- 249: accused in not acquitted only proceeding is stopped/stagnated

- Section 492, 493, 294
- Section 265 k: 2 grounds to apply agr galat section charge lagaya h, groundless charge
or no probability of offense -only file when charge is present
- Witness Protection Act: case law
- 495
- 496
- Bailable offense table
- 497: Post- Arrest
- NAB Court: Arrest happens by High Court, Nab court has no provision to arrest
- Section 199
- 265 f(3))
- 340(2)
- Section 342
- 5 questions are asked from accused on oath
- 337 A, 504, 354,of PPC: Bailable
- If challan is not present seek under 496/ 498 CRPC Pre-Arrest Bail by session
judges on few grounds
- Arrest of the hand of the police and apprehension of humiliation
- Extra judicial confession
- Mal treatment
- Loss of Reputation
- During: Pre-Arrest Bail could be granted any time
- Ad interim order: bail recalled and arrested
- If pre arrest bail was granted before challan, and bail has been recalled
after the challan; then accused will file fresh bail
- Challan period is within 14 days
- Accused can opt for appeal
- If challan is present then we go for Post-Arrest Bail under section 497 CrPc
directly to Magistrate
- 354-A PPC: Non Bailable Offense
- If it is hard to give evidence at the time and trial is needed court grants bail
post-arrest
- On post or pre arrest bail, accused will:
- Not Temper the witness
- Not Harrass the witness
- Attend the court regularly
- Submit surety to the satisfaction of the court
- Residence
- 336, 337-L, 324PPC
- In custody:
- Bail cannot be filed until accused is sent to jail
- 23-A(1), 418 Gutka 22
- 497(5)
- 491: can be also used for illegal custody by parent but if it illegal or not needs to be
identified by Guardian Court first
- Also misused most in Family laws; as police goes to recover kids from father
- Evidences:
- Ocular witness: eye witness
- Circumstancial evidence
Important for descriptive paper :-
Outline:

1-section 1 -53 ,
2-Arrest with out warnt and with warnt
3- proclamation and attachment
4- inquiry and investigation in detailed
5-Stages of crime and it's procedures
6-mens rea, Actus rea
7-confession
8- identification of the parade
9- appeal review , revision and reference
10- trial in detailed.
11-Public prosecutor
- 4(t) - 492
12- case property
13- Bail
14- summary suit
15-charge
16- FIR
17- complaints to magistrate
18- cognisance and non cognizance

1. Powers of Justice of Peace

Section 22: Appointment of Justice of Peace

The Provincial Government can appoint citizens of Pakistan, deemed to have integrity and
suitability, as Justices of the Peace for specified local areas, via notification in the official
Gazette. More than oneJustice of the Peace may be appointed for the same local area.Note:
Foreign Resident is not eligible.

Section 25: Ex-Officio Justice of Peace

➔ Judges of the High Courts are Justice of the Peace within and for the whole of Pakistan,
➔ Sessions Judges and District Magistrates are Justices of the Peace within and for
the whole of the territories administered by the ProvincialGovernment under
which they are serving.
➔ Session Judge may nominate Additional Session Judge to be Justice of Peace.Capacity
as Justice of Peace = Quasi-Judicial Powers

Section 22A: Powers of Justice of the Peace

(Section 22-A: Powers of Justices of the Peace

1. Arrest Powers: Justices of the Peace have the same arrest powers as a police
officer under Sections 54 and 55.
 Section 54: When Police May Arrest Without Warrant

1.
2. Proclaimed Offender: Any person declared an offender under the Code or by
Provincial Government order.
3. Stolen Property: Any person found with suspected stolen property and
reasonably suspected of committing an offense related to it.
4. Armed Forces Deserter: Any person reasonably suspected of deserting the
armed forces.
5. Extradition Offense: Any person involved in an act outside Pakistan that would be
an offense if committed in Pakistan, and liable for arrest under extradition laws.
6. Requisition Arrest: Any person whose arrest is requested by another police
officer, with specified details indicating lawful arrest without a warrant.

Section 55: Arrest of Vagabonds, Habitual Robbers, etc.

1. Concealing Presence: Any person found concealing their presence with the intent
to commit a cognizable offense.
2. No Means of Subsistence: Any person without visible means of support or
unable to give a satisfactory account of themselves.
3. Habitual Criminal: Any person reputed to be a habitual robber, house-breaker,
thief, habitual receiver of stolen property, or habitual extortionist.

(2) after arrest -take or cause to be taken the person arrested before the officer in-charge of the
nearest police-station and furnish such officer with a report.
(3)in any local area shall have powers, within such area - power to call upon member of the
police force on duty to aid him
a) in taking or preventing the escape of any person who has participated
in the commission of any cognizable offence or against whom a reasonable complaint hasbeen
made
b) in the prevention of crime in general and, in particular, in the prevention of a breach
ofthe peace or a disturbance of the public tranquillity.

(4) Where a member of the police force on duty has been called upon to render aid, such
callshall be deemed to have been made by a competent authority.
(5) A Justice of the Peace for any local area may issue:
a) issue a certificate as to the identity of any person residing within such area
b) verify any document brought before him by any such person
c) attest any such document required by or under any law for the time being in force to
beattested by a Magistrate
.6) J.O.P may issue appropriate/certain direction to the Police authority on a
Complaint,regarding
i. Non-Registration of Criminal Case (FIR)
ii. Transfer of Investigation from One Police Officer to another
iii. Neglect, Failure or excess committed by Police Officer/authority in relation to itsduties
and functions
 Remember
Procedure in case of Non-Registration of FIR
On March 11, 2019 a meeting was held by the National Judicial Policy Making
Committee(NJPMC) un(Asif Saeed Khosa) regardingthe aforesaid powers of Justice of Peace.
In this meeting, it was der the Chairmanship of Chief Justice of Pakistan decided that if Police
refusesto lodge FIR and even the SHO don’t entertain the application, then before going to
Justice of Peace, the application should be brought before the SP Complaint. After
7 days, if SPComplaint does not entertain the application then the application should be
brought beforeJustice of Peace. Secondly, another decision was taken in the
meeting that was the Establishment of Model Court -Expeditious Justice Initiative”
(hereinafter referred as EJI) is a step taken by the Supreme Court of Pakistan in fulfillment of an
obligation to provide and “ensure inexpensive and expeditious justice”to the citizens of Pakistan;
as a result, Model Courts were created. The idea was a time-bound trial mechanism, within the
available resources,
Section 22B: Duties of Justices of the Peace
Every Justice of the peace for any local area shall:
a) On receipt of information of the occurrence of any incident involving a breach of
thepeace, or of the commission of any offence within such local area, make inquiries into
thematter and report in writing the result of his inquiries to the nearest Magistrate and toofficer in
charge of the nearest police-station.
b) if the offence referred to in clause (a) is a cognizable offence, also prevent the
removal ofthe interference in any way with, the place of occurrence of the offence;
c) Police-officer making an investigation within such local area
i. Render all assistance to the police-officer making such an investigation.
ii. Recording of dying declaration of person in respect of whom a crime is
believed tohave been committed.

Case Law:
\
highlighted the role of Justices of Peace in FIR registration. The court found that the
Justice of Peace had not properly evaluated the facts and law in directing the police to
register an FIR against employees who removed unauthorized encroachments. The
court emphasized that Justices of Peace must adhere to legal standards and their
quasi-judicial role when processing complaints. This case underscores the need for
Justices of Peace to exercise their powers judiciously and in accordance with legal
principles.

As per Constitutional Petition No.D-3503 of 2016, IN THE HIGH COURT OF SINDH, KARACHI,
“Ex-officio Justice of Peace are executive, administrative or ministerial.”

2. Method of investigation of criminal case and role of Investigation

Officer
Section 2(i) of the code defines the term ‘investigation’ Investigation" includes all the
proceedings under this Code for the collection of evidence conducted by a police officer or by
any person (other than a Magistrate) who is authorised by a Magistrate in this behalf.
At the beginning of any investigation, the crimes are identified as cognizable and
non-cognizable offenses, and then, according to the nature of the crime, the investigation
proceeds.
154. Information in cognizable cases: (FIR)
When someone orally reports a commission of cognizable offense (a serious crime where
immediate police action is required) to the police, the officer in charge must write down the
details. This written record is then read back to the informant, and they sign it. The substance of
this report is then logged in a book kept by such officer as prescribed by the Provincial
Government.
Report by Female:
If a female reports a crime against women mentioned in 354(Assault or criminal force to woman
with intent to outrage her modest), 354-A (Assault or use of criminal force to woman and
stripping her of her clothes), 376(rape), 336- B(corrosive use), 509(sexual harrasment) - the FIR
should be reported in presence of female polie officer and in presence of the female family
member of the informant (victim) or any person convenient for the informant.
Such reports can be filed any place where victim is comfortable - not neccessary to be at police
station.

155. Information in non-cognizable cases:

(1) When someone reports a non-cognizable offense (a less serious crime where police
action requires a warrant) to the police within their station's jurisdiction, the officer must
record the substance of information in a book and refer it to a Magistrate.
(2) Investigation into Non-Cognizable Cases: Police cannot investigate a non-cognizable
case without a order of the Magistrate of the First or Second Class, who has the power
to try such a case [or send case for trial to the Court of Session].
(3) Powers During Investigation: Once authorized by a Magistrate, the police officer can
use the same investigative powers as in cognizable cases, except for arresting without a
warrant.

Concept of Zero FIR - filing FIR in police station without jurisdiction to avoid delay in FIR
Delay in FIR
Case Law: Mst. Sughran Bibi v The State PLD 2018 SC 595.
Banned second report

Section 156: Investigation into cognizable cases

156(1)Any officer incharge of a police-station(SHO) may investigate any serious crime
(cognizable case) within their station's jurisdiction without needing a Magistrate's order.

156(2): The actions of a police officer in such investigations cannot be questioned based on
their authority to investigate.

156(3): Any Magistrate with the right authority under 190 can order an investigation like the one
mentioned above - in cognizable case

156(4): Despite other rules, police officers cannot investigate offenses under Sections 497 or
498(zina) of the Pakistan Penal Code (related to adultery) unless the complaint is made by the
husband or a caretaker authorized by him.

156- A: Investigation of Offence under section 295-C PPC(blasphemy) - no police officer

below rank of SP can do investigation in these cases - only SP - Superintendent can do
156- B: Investigation against a woman accused of Zina - no police officer below rank of SP
can do investigation in these cases - only SP - Superintendent can do - nor can be the accused
arrested without the order of the court.

Sindh Ammendment 2017, Section 156-C: Mandatory DNA Testing in Rape Cases

156-C(a): DNA testing of rape victims must be conducted through laboratories recognized by
the Government of Sindh.
156-C(b): DNA samples should be collected from the victim within 72 hours of the incident. If
this isn't possible, efforts should be made to collect and preserve the DNA within seven days for
investigation.
Section 156-D: Preservation of DNA Evidence

156-D(1): DNA samples and their results are to be kept private in the hospital or forensic
lab.
156-D(2): A record of all DNA samples and testing results is maintained confidentially at the
Central Police Office, managed by an officer of at least BS-19 rank.

157. Procedure where cognizable offence suspected: : If a police officer suspects a serious
crime (cognizable offense) has been committed, they must report it to a Magistrate and either go
themselves or send a subordinate officer of rank as specified by the Provincial Government
may, by general or special order to investigate 'discovery and arrest of the offender, unless:
(a) Where local investigation dispensed with: The offense isn't serious and specific
individuals are named, the police do not need to investigate on site.
(b) Where police-officer incharge sees no sufficient ground for investigation: If the officer
thinks there's no reason to investigate, they shall not proceed with the case.
157(2): In cases where on-site investigation is skipped or not conducted, the officer must
explain why in their report and notify the informant, if any, that the case won't be investigated or
further pursued.

Section 158. Reports under Section 157 how submitted:

158(1): Reports to a Magistrate under Section 157 should be sent through a superior police
officer if the Provincial Government requires it, by general or special order.

158(2): The superior officer can give instructions to the police station officer(SHO), record them
on the report, and send it to the Magistrate without any delay.

159. Power to hold investigation or preliminary inquiry

The report may instruct an investigation, or the Magistrate may immediately proceed or
assign a subordinate to conduct a preliminary inquiry or otherwise dispose of the case
as outlined in the Code.

160. Police-officer's power to require attendance of witnesses:

A police officer investigating under this chapter can order, in writing, any person within
their own or a nearby station's limits who seems familiar with the case to appear before
them. This person must comply with the order.
161. Examination of witnesses by police:

1. 161(1): A police officer investigating a case can orally question any person who
seems to know about the case's facts and circumstances.
a. Recording of female statement to be done in presence of female police
officer
2. 161(2): Such individuals must answer all relevant questions unless the answers
could incriminate them (tendency to expose him to a criminal charge or to a
penalty or forfeiture)
3. 161(3): The officer may write down any statements made during these
interviews, and each person's statement should be recorded separately.

162. Statements to police not to be signed, use of such statements in evidence:

1. (1) Statements made to police during an investigation are not to be signed by the
person making them. These statements, or any record of them, generally cannot
be used in court for the investigated offense, except as follows: if the
prosecution calls a witness whose statement was written down, the court can,
upon the accused's request, provide a copy of the statement to the accused. This
can be used to challenge the witness as allowed under Section 145 of the
Evidence Act, 1872. However, if the court finds any part of the statement
irrelevant or inappropriate to share in the interest of justice or public interest, it
will exclude that part and not provide the reasons for this decision.
2. (2) This section does not apply to statements covered by Section 32, clause (1)
of the Evidence Act, 1872, or alter the provisions of Section 27 of that Act.

Section 163: No inducement to be offered:

1. (1) No police officer or authority should offer or cause any inducement, threat, or
promise as prohibited by Section 24 of the Evidence Act, 1872.
2. (2) No police officer or other person should stop anyone from voluntarily making
a statement during an investigation.

164. Power to record statements and confessions:

(1) First-Class Magistrates and specially empowered Second-Class Magistrates

by Provincial Government can record statements or confessions during or after
an investigation before the commencement of the inquiry or trial, as long as they
are not police officers.
 (1-A) Such statements can be recorded in the presence of the accused, who gets
a chance to cross-examine the witness.

(2) These statements or confessions should be recorded in a manner suited to

the case's circumstances, following the guidelines in Section 364, and then sent
to the Magistrate handling the case.

(3) Before recording a confession, the Magistrate must inform the person that
they are not bound to confess and that any confession may be used against
them. The Magistrate should only record the confession if it seems voluntary and
note that it was freely given and when he records any confession, he shall make a
memorandum at the foot of such record to the following effect:-- "I have
explained to (name) that he is not bound to make a confession and that, if he
does so, any confession he may make may be used as evidence against him and
I believe that this confession was voluntarily made. It was taken in my presence
and hearing, and was read over to the person making it and admitted by him to
be correct, and it contains a full and true account of the statement made by him-

(Signed) A.B.

Magistrate.

Explanation: It is not necessary that the Magistrate receiving and recording a

confession or statement should be a Magistrate having Jurisdiction in the case.

165. Search by police-officer:

(1) If a officer incharge of a police-station or a police-officer making an investigation

believes something needed for an investigation into any offence might be found within
their station's limits, they can search for it after recording their reasons and specifying
the item in writing. However, they can't search for items in a bank related to someone's
account without a Sessions Judge's permission for certain offences or the High Court's
permission for other cases for 403. 406, 408 and 409 and Sections 421 to 424 (both
inclusive) and Sections 465 to 477-A (both inclusive)cases.

(2) Ideally, the officer should conduct the search personally.

(3) If the officer can't personally search, they can assign a subordinate to do so, giving
them written instructions about what and where to search.
(4) The general rules for search warrants and searches in the Code (Section 102,
Section 103) apply to these searches as well.

(5) Records of the search must be sent to a nearby Magistrate, and the owner or
occupier of the searched place can get a copy upon request, possibly for a fee unless
waived by the Magistrate for special reasons

Section 102: Persons in Charge of Closed Places to Allow Search

(1) If a place is to be searched, anyone living there or in charge must let the search
officer in once they show the warrant.

(2) If entry is denied, the officer can follow the procedure outlined in Section 48.

Section 48. Procedure where ingress not obtainable :they may enter and search the
place under a warrant or if getting a warrant could allow the suspect to escape. They
can break open doors or windows if needed after announcing their presence and not
being let in. Breaking open zenana: If the area is occupied by a woman who doesn't
appear in public due to custom, the police must notify her to withdraw before breaking
in and entering.

(3) If anyone in the place seems to be hiding something, they can be searched. If the
person is a woman, follow Section 52's guidelines.

Section 52. Mode of searching women: Whenever it is necessary to cause a woman to

be searched, the search shall be made by another woman, with strict regard to decency.

Section 103: Search to be Made in Presence of Witnesses

(1) Before searching, the officer should get at least two local residents to witness the
search and can formally request their presence.

(2) The search happens in front of these witnesses, and a list of all seized items is
made and signed by them. These witnesses aren't required to testify in court unless
specifically asked.

(3) The occupant of the searched place can watch the search and get a signed list of
seized items if requested.
(4) When someone is searched under Section 102(3), a list of items taken must be
made and given to that person if they ask.
(5) Anyone who refuses to witness a search when requested without a good reason may be
committing an offense under Section 187 of the Pakistan Penal Code. ( fail to assist public
servant when bound by law to give such assistance)

Section 166: When officer incharge of police station may require another to issue
search warrant:

(1) A police officer in charge (SHO or officer not below rank of Sub-Inspector) can ask
an officer from another station to conduct a search in their area if the first officer has
the authority to do so.

(2) The requested officer must follow Section 165's rules, conduct the search, and send
any found items to the officer who requested the search.

(3) If waiting for another officer under (1) to conduct a search could lead to evidence
being hidden or destroyed, the investigating officer can search the place themselves
following Section 165, as if it were in their own jurisdiction.

(4) After conducting a search under (3), the officer must notify the local police station
and send them a copy of the search list under section 103 and other relevant records to
the nearest Magistrate.

(5) The owner or occupier of the searched place can get a copy of the records sent to
the Magistrate, but they might have to pay unless the Magistrate decides to provide it
for free for special reasons.

Section 167. Procedure when investigation cannot be completed in twenty-four hours:

(1) If someone is arrested and the investigation can't be completed within 24 hours (as
fixed per section 61 must be presented in font of Magistarte within 24 hr), the police
officer (not below rank of sub-inspector) must send the case diary and the accused to
the nearest Magistrate.

(2) The Magistrate can authorize the accused's detention for up to 15 days, regardless
of whether they have jurisdiction over the case. However, lower-class Magistrates
cannot authorize police custody without special permission by Provincial Government.

(3) Any Magistrate authorizing police custody must record their reasons.
(4) The Magistrate must send a copy of their order and reasons to the Sessions Judge.

(5) If the accused is a woman, she generally cannot be detained in police custody
except in specific serious cases such as qatl or dacoity, and any interrogation must
happen in prison with appropriate personnel present.

(6) The prison officer must arrange for the police to interrogate the accused inside the
prison.

(7) If the accused needs to be taken out of prison for investigation, the officer in charge
of the police station or the police officer making investigation, not below the rank of
sub-inspector, must request permission from the Magistrate by writing an application,
who can allow it for recorded reasons and ensure a female police officer accompanies
the accused. The accused cannot be outside the prison from sunset to sunrise while in
police custody.

168. Report of Investigation by a subordinate police officer:

When any subordinate police officer has made any investigation under this Chapter, he
shall report the result of such investigation to the officer in charge of the police station.

169. Release of accused when evidence deficient: If the police investigation shows
there isn't enough evidence or reason to suspect someone, the officer can release them
from custody. The person must sign a bond, with or without sureties, to appear before a
Magistrate if needed later.

Section 170: Case to be sent to Magistrate when evidence is sufficient:

170(1): If the investigation shows enough evidence or reasonable grounds, the officer
should send the accused to a Magistrate empowered to take cognizance of the offence
upon a police-report and to try the accused or send him for trial. If the offense is
bailable and the accused can post bail, they should be released with security to appear
before the Magistrate as scheduled.

170(2): When sending an accused to a Magistrate or taking security for his appearance
before such Magistrate, the officer should also send any necessary evidence, like
weapons, and ensure that the complainant and key witnesses are ready to to execute a
bond to appear before the Magistrate as needed.
170(5): The officer in whose presence the bond is executed shall deliver a-copy thereof
to one of the persons who executed it, and shall then send to the Magistrate the original
with his report.

171. Complainants and witnesses not to be required to accompany police-officer:

No complainant or witness on his way to the Court of Magistrate shall be required to

accompany a police officer.

Complainants and witnesses not to be subjected to restraint: Or shall be subjected to

unnecessary restraint or inconvenience, or required to give any security for his
appearance other than his own bond.

Reseusant complainant witness may be forwarded in custody: Provided that, if any

complainant or witness refuses to attend or to execute a bond as directed in Section
170, the officer |incharge of the police-station may forward him in custody to the
Magistrate who may detain him in custody until he executes such bond, or until the
hearing of the case is complete

Section 172:Diary of proceedings in investigation:

1. 172(1): Police officers must record their daily activities and findings during an
investigation in a diary, including times, locations, and details discovered.
2. 172(2): Courts can review these diaries to help with inquiries or trials but cannot
use them as evidence. The accused or their representatives cannot access these
diaries unless they are used to refresh the officer's memory or to challenge the
officer's testimony, in which case specific Evidence Act rules apply.

Section 173. Report of police officer:challan

173(1): Every investigation under this Chapter shall be completed without unnecessary
delay, and, as soon as it is completed, the officer incharge of the police-station shall
[through the Public Prosecutor]-

a. (a) Send a detailed report to a Magistrate, including the parties

involved, the nature of the information, the witnesses, and the
custody status of the accused, using the format set by the
Provincial Government.
 b. (b) Inform the person who initially reported the offense about the
actions taken, following guidelines set by the Provincial
Government.

If the investigation isn't complete within 14 days after filing the initial report FIR u/s 154,
the officer must send an interim report to the Magistrate via the Public Prosecutor
within three days. This report should summarize the investigation results so far. The
court will start the trial based on this report unless it records reasons to delay it.

● 173(2): If there's a superior police officer designated under Section 158, the initial
report may need to be submitted through them if required by the Provincial
Government. The superior officer can order further investigation while waiting for
the Magistrate's decision.
● 173(3): If the report indicates the accused was released on bond, the Magistrate
decides whether to discharge the bond or take other actions.
● 173(4): The accused has the right to receive a copy of the report before the
inquiry or trial begins, which might involve a fee unless the Magistrate decides to
provide it for free based on special reasons.
● 173(5): When the police station head forwards a report to a Magistrate, they
must also bring the witnesses for the case, except for public servants. The
Magistrate is responsible for ensuring these witnesses appear in court on the
scheduled trial date.

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

1. 174(1): When informed of a a) suicide, b) homicide, or c) death under any

suspicious circumstances, the officer in charge must notify the nearest
Magistrate and investigate the scene with at least two local witnesses. They will
document the apparent cause of death and any marks or injuries on the body.
2. 174(2): The police officer and witnesses sign the investigation report and send it
immediately to the Magistrate.
3. 174(3): If there's uncertainty about the cause of death or other reasons to do so,
the officer may send the body for a medical examination to the nearest qualified
medical professional appointed in this behalf by the Provincial Government,
considering weather and distance.
4. 174(5): First Class Magistrates are authorized to conduct inquests

175. Power to summon persons:

 1. 175(1): A police officer can summon witnesses for an investigation under Section
174. These individuals must attend and truthfully answer questions unless the
answers could incriminate them.(tendency to expose him to a criminal charge, or
to a penalty or forfeitur)
2. 175(2): If the investigation doesn't reveal a serious (cognizable) offense under
Section 170, these witnesses are not required to appear in a Magistrate's Court.

176. Inquiry by Magistrate into cause of death: \

(176(1): If a person dies in police custody, the nearest Magistrate must conduct an
inquiry into the death. For other deaths as described in Section 174(1) clauses (a), (b),
and (c), any empowered Magistrate may conduct an inquiry,r .instead of, or in addition
to, the investigation held by the police-officer, with the same powers as for investigating
an offense. The Magistrate records the evidence according to the situation.

176(2)(2) Power to disinter corpses: If needed, the Magistrate can order the
exhumation and examination of a body already buried to determine the cause of death.
3. Powers of Judicial Magistrate in terms of taking cognizance
190. Cognizance of offences by Magistrates

1. 190(1): All Magistrates of the First Class (ordinary jurisdiction), or any other
Magistrate specially empowered by the Provincial Government on the
recommendation of the High Court, can take cognizance of any offense based
on:
 (a) A complaint describing the offense.

(b) A written report from a police officer.

(c) Information from any person other than a police officer or their own
knowledge or suspicion - that such offence has been committed which he
may try or send to the Court of Session for trial

Note as per schedule IV: 2nd class can take cognizance upon complaint, police report,
or without complaint. 3rd class can take cognizance upon complaint, and police report
only.

2. 190(2): A Magistrate who takes cognizance of an offense u/s 190 (c) only triable
by a Court of Session should send the case there without recording any evidence
for trial.

[191. Transfer on application of accused:

When a Magistrate takes a case based on personal knowledge or suspicion (as
described in Section 190(1)(c)), the accused must be informed before any evidence is
taken that they can request the case be tried by a different court. If the accused objects
to being tried by this Magistrate, the case will be transferred to the Sessions Judge.

193. Cognizance of offences by Courts of Session:

1. 193(1): Courts of Session cannot take original jurisdiction of an offense unless

the case is otherwise expressly provided by this Code or by any other law for the
time being in force or if referred under Section 190(2).
2. 193(2): Additional and Assistant Sessions Judges can only try cases as directed
by the Provincial Government by general or special order, or the Sessions Judge.

194. Cognizance of offences by High Court :

The High Court may take cognizance of any offense as outlined in subsequent
provisions. This does not impact any existing regulations from Letters Patent, orders
establishing the High Court, or other sections of this Code.

4. Stages of criminal trial (Magistrate and Sessions both)

Trial Of the Cases by Magistrate I Sec 241-249A of CrPC

Section 241: Procedure in the trial of cases:

[241 -A. Supply of statements and documents to the accused :

241-A(1): In police-reported cases, except for summary trials or those with minor
penalties punishable with fine or imprisonment not exceeding six months, copies
of witness statements u/s section 161 n& 164 and the initial inspection note by
the investigating officer must be provided free to the accused at least seven days
before trial, except for parts that are not in the public interest to disclose.

241-A(2): In complaint-based cases:

● (a) The complaint must summarize the accusation, list witnesses, and
outline expected evidence.
● (b) Within three days of the court ordering the accused to appear, the
complainant must provide copies of the complaint and any related
documents for each accused, except when the complaint is from a court
or a public servant performing official duties.

242: Charges to be Framed

When the accused is brought before the Magistrate, a formal charge for the alleged
offense is presented, and the accused is asked if they admit to committing it- either
accused pleads guilty or not guilty.
243. Conviction on admission of truth of accusation:

If the accused admits to the offense they are charged with, their admission is recorded
in their own words. If they cannot provide a valid reason not to be convicted, the
Magistrate may convict them based on this admission.

244. Procedure when no such admission is made:

1. 244(1): If the accused doesn't admit guilt, the Magistrate proceeds to hear the
prosecution and the defense, taking all relevant evidence. However, if the
complaint is made by a court, the Magistrate isn't required to hear the
complainant.
2. 244(2): The Magistrate can issue a summons to any witness at the request of the
complainant or accused to attend or produce documents.
3. 244(3): Before summoning a witness, the Magistrate may ask for the deposit of
their reasonable travel expenses unless the accused is charged with an offense
punishable by over six months of imprisonment, in which case no deposit is
needed.

244-A. Statement made under Section 164:

A witness statement recorded under Section 164 may be considered as evidence if it

was made in the accused's presence, the accused was notified and had a chance to
cross-examine the witness. This is at the court's discretion, provided the witness is
presented and examined, following the Qanun-e-Shahadat, 1984 guidelines.

245. Acquittal: 1 If the Magistrate, after considering the evidence from Section 244 and
any additional evidence, finds the accused not guilty, an acquittal will be recorded.

2 Sentence: If the Magistrate doesn't follow Section 349 and finds the accused guilty,
they will sentence the accused according to the law.

245-A. Procedure in cases of previous convictions: If the accused denies a prior

conviction as per Section 221(7), after convicting the accused under Section 243 or
245(2), the Magistrate can take evidence regarding the alleged prior conviction and
record a decision on it.

247. Non-appearance of complainant: If the complainant doesn't show up on the

scheduled court date after a summons on a complaint, the Magistrate must acquit the
accused unless they choose to adjourn the hearing for a specific reason. However, this
doesn't apply if the complainant is a public servant who isn't required to attend
personally, or if the offense is either cognizable or non-compoundable.

248. Withdrawal of complaint: If a complainant, at any time before a final order is:
If a complainant decides to withdraw their complaint before a final decision is made,

and the Magistrate agrees there are sufficient reasons, the Magistrate can permit the

withdrawal and will then acquit the accused.

249. Power to stop proceeding when no complaint: In cases not started by a complaint,

a First Class Magistrate, or another Magistrate with approval from the Sessions Judge,

can stop the proceedings at any point and release the accused without issuing a

judgment of acquittal or conviction, provided they record the reasons for doing so.

249-A. Power of Magistrate to acquit accused at any stage:

A Magistrate can acquit the accused at any stage of the case if, after hearing both sides

and recording reasons, they find the charge groundless or unlikely to result in

conviction.

Trial Of the Cases by Session Court I Sec 265A-265N

265-A. Trials before Court of Session to he conducted by Public Prosecutors: I
n every trial before a Court of Session, initiated upon a police report, the prosecution shall be
conducted by the Public Prosecutor.
265-B. Procedure in cases triable by High Courts and Courts of Session: The following
procedure shall be observed by the High Courts and the Courts of Session in the trial of cases
triable by the said Courts.
265-C. Supply of statements and documents to the accused:
 1. 265-C(1): In cases based on police reports, the following must be provided free to
the accused at least seven days before the trial:
● (a) The first information reports.
● (b) The police report.
● (c) Statements from all witnesses recorded under Sections 161 and 164.
● (d) The initial inspection note by the investigating officer and any notes on
recoveries made, excluding parts not suitable for disclosure in the public
interest.
2. 265-C(2): In cases based on a written complaint:
● (a) The complainant must:
● (i) Detail the accusation, list witnesses, and summarize the
evidence in the complaint.
● (ii) File copies of the complaint and any other documents with the
court within three days of the court's order to process the accused,
matching the number of accused.
● (b) Copies of the complaint, any related documents, and statements under
Sections 200 or 202 must be given free to the accused at least seven days
before the trial.

265-D When charge to be framed: If the court believes there is enough evidence from
the police report, complaint, and other prosecution documents to proceed, it will write
and present a formal charge against the accused.

265-E. Plea:

(1) The charge shall be read and explained to the accused, and he shall be asked

whether he is guilty or has any defence to make.

(2)- If the accused pleads guilty, the Court shall record the plea, and may in its discretion

convict him thereon.

 265-F. Evidence for prosecution:

1. 265-F(1): If the accused does not plead guilty, the court will hear the complainant
(if any) and all evidence for the prosecution, unless the complaint is from a court
itself.
2. 265-F(2): The court will ask the Public Prosecutor or complainant for the names
of witnesses familiar with the case and summon them to testify.
3. 265-F(3): The court may refuse to summon a witness if it believes the witness is
being called to cause vexation, delay, or to defeat justice, and will record this
reason in writing.
4. 265-F(4): After the prosecution's witnesses and any examination of the accused
are done, the accused will be asked if they want to present any evidence.
5. 265-F(5): Any written statement by the accused will be filed with the court
records.
6. 265-F(6): If the accused or any co-accused indicates they want to present
evidence, the court will ask them to proceed with their defense and present their
evidence.
7. 265-F(7): If the accused or any co-accused requests the court to compel a
witness or document for their defense, the court will issue the necessary order
unless it sees this as an attempt to cause vexation, delay, or defeat justice, and
will record this reason in writing.

265-G. Summoning up by prosecutor and defence:

1. 265-G(1): If the accused or any of several accused do not present their own
evidence, the court will ask the prosecutor to summarize their case after the
prosecution and any examination of the accused. The accused can then respond.
2. 265-G(2): If the accused or any of several accused present their own evidence,
the court will ask them to summarize their case after their defense is presented.
The prosecutor will then respond.

265-H. Acquittal or conviction:

1. 265-H(1): If the court finds the accused not guilty in a case where charges have
been framed, it will record an acquittal.
 2. 265-H(2): If the court finds the accused guilty, it will sentence them according to
the law, considering any relevant guidelines in Section 265-I.

265-I. Procedure in case of previous conviction:

1. 265-I(1): In cases where a prior conviction affects the charges (as per Section
221(7)), after finding the accused guilty and recording the conviction, the court
will record the accused's response to the part of the charge related to the
previous conviction.
2. 265-I(2): If the accused admits to the previous conviction, the court can sentence
them according to law. If the accused denies it, the court will consider evidence
about this prior conviction, make a finding, and then sentence them according to
law.

265-J. Statement under Section 164 admissible:

A witness statement recorded under Section 164 can be used as evidence if the

accused was present, notified, and had the chance to cross-examine the witness. This is

up to the court's discretion and must follow the Qanun-e-Shahadat 1984 guidelines.

265-K. Power of Court to acquit accused at any stage only filed when charge is present

: A court can acquit an accused at any point if, after hearing both sides and recording

reasons, it finds no probability of conviction.

265-L. Power of Advocate-General: At any stage of a trial in a High Court, before

sentencing, the Advocate-General may decide to stop prosecuting the accused. This

halts all proceedings and discharges the accused, but this does not equate to an

acquittal unless the judge directs otherwise. to stay prosecution

265-M. Time of holding sittings:

The Chief Justice of each High Court sets the dates and intervals for the court's original

criminal jurisdiction sessions.

265-N, Place of holding sittings:

1. 265-N(1): The High Court will hold its sessions where it did before the Law

Reforms Ordinance, 1972, unless the Provincial Government directs otherwise.

2. 265-N(2): With the Provincial Government's consent, the High Court can hold

sessions at other locations within its appellate jurisdiction as determined by the

court.

3. 265-N(3): An officer designated by the Chief Justice will announce all planned

criminal jurisdiction sittings of the High Court in the official Gazette in advance.

5. Appeal and Revision

Magistrate appeal - always to session court
404. Unless otherwise provided, no appeal to lie:No appeal can be made against any
judgment or order of a Criminal Court unless it is specifically allowed by this Code or
any other applicable law.

405. Appeal from order rejecting application for restoration of attached property:
Any person whose application for the return of property under Section 89(after
absconder) has been rejected may appeal to the court that handles appeals ordinarily
from the sentences of the former Court.

[406. Appeal from order requiring security for keeping the peace or for good
behaviour:

Any person ordered by a Magistrate under Section 118 to provide security for keeping
the peace or good behavior may appeal to the Court of Session. This does not apply to
proceedings laid before a Sessions Judge under Section 123(2) or 123(3-A).-
Imprisonment in default of security:123

406-A. Appeal from order refusing to accept or rejecting a surety:

Any person aggrieved by an order refusing to accept or rejecting a surety under Section
122(magistrate rejected) may appeal against which order to the Court of Session.

408. Appeal from sentence of Assistant Sessions Judge or 3[Judicial Magistrate]: Any
person convicted on a trial held by an Assistant Sessions Judge, a District Magistrate or
a Judicial Magistrate, or any person sentenced under Section 349(9. Procedure when
Magistrate cannot pass sentence sufficiently severe) may appeal to the Court of
Session

Provided:
(b) If an Assistant Sessions Judge sentences someone to more than four years of
imprisonment, the appeal goes to the High Court.

(c) If a person is convicted by a Magistrate under Section 124-A(Sedition - omitted) of the

Pakistan Penal Code, the appeal lies with the High Court.

409. Appeals to Court of Session how heard:

Appeals to the Court of Session are generally heard by the Sessions Judge, Additional
Sessions Judge, or Assistant Sessions Judge.

● First Proviso: An Additional Sessions Judge will only hear appeals directed by the
Provincial Government,, by general or special order, or assigned by the Division m
Sessions Judge.
● Second Proviso: An Assistant Sessions Judge can only hear appeals involving
convictions by a Second Class or Third Class Magistrate.
410. Appeal from sentence of Court of Session: Any person convicted on a trial held by
a Sessions Judge, or an Additional Sessions Judge, may appeal to the High Court.

411-A. Appeal from sentence of High Court:

1. 411-A(1): Any person convicted by a High Court in its original criminal jurisdiction
can appeal to the High Court, except in cases appealing to the Supreme Court
under Article 185(appellate jurisdiction) of the Constitution:
● (a): Against the conviction on appeal which involves a matter of law only;
● (b): With the leave of appeal; or a certificate from the trial judge, against
the conviction on factual grounds, mixed law and fact, or any other
sufficient ground.
● (c): With the leave of appellate court against the sentence unless it is fixed
by law.
2. 411-A(2 appeals against acquittal): The Provincial Government can direct the
Public Prosecutor to appeal to the High Court from an acquittal order passed by
the High Court in its original criminal jurisdiction, on both factual and legal
grounds.
3. 411-A(3): Appeals under this section must be heard by a Division Bench of High
Court of at least two judges, not including the original trial judge(s). If
impracticable, the High Court must report to the Provincial Government to
transfer the appeal to another High Court.
4. 411-A(4): Appeals from Division Court orders under subsection (1) to the
Supreme Court are allowed if the High Court declares the matter fit for such
appeal, subject to rules by the Supreme Court and conditions by the High Court.
412. No appeal in certain cases when accused pleads guilty:

If an accused person pleads guilty and is convicted by a High Court, Court of Session, or
Magistrate of the First Class based on that plea, there is no appeal except regarding the
extent or legality of the sentence.

413. No appeal in petty cases:

There is no appeal for convictions where:

● A High Court sentences to imprisonment for up to six months or a fine up to two

hundred rupees.
● A Court of Session sentenced to imprisonment for up to one month.
● A Court of Session or a Magistrate of the First Class sentences to a fine up to
fifty rupees.

Explanation: No appeal is allowed for sentences of imprisonment for non-payment of a

fine if no substantive imprisonment sentence was passed.
414. No appeal from certain summary convictions:

There is no appeal for cases tried summarily by a Magistrate under Section 260 if the
sentence is a fine not exceeding two hundred rupees.

Summarily trial - speedy trial of short cases with less than 6 monhs of punishment

415. Proviso to Sections 413 and 414:

An appeal can be made against sentences under Sections 413 or 414 if the punishment
is combined with another punishment. However, a sentence is not appealable just
because the convicted person is ordered to find security to keep the peace. For
example, if a minor fine is combined with imprisonment or another form of punishment,
the right to appeal is granted.

Explanation: A sentence of imprisonment for default of fine payment is not considered a

combined punishment under this section. : The section clarifies that imprisonment for
defaulting on fine payment is not considered a combination of punishments under this
provision. Hence, such cases do not qualify for an appeal based solely on this ground.

415-A. Special right of appeal in certain cases:

If multiple persons are convicted in one trial and any of them have the right to appeal, all
convicted persons have the right to appeal, regardless of the judgment or order passed
for any individual.

4l7. Appeal in case of acquittal:

1. 417(1): The Provincial Government can direct the Public Prosecutor to appeal to
the High Court against an acquittal order passed by any court while exercising
original or appellate jurisdiction other than a High Court.
2. 417(2): If an acquittal is from a case instituted by a complaint, the complainant
can appeal to the High Court with special leave for appeal from the order of
acquittal granted by the High Court.
3. 417(2-A): Any person aggrieved by an acquittal order (not from a High Court) can
file an appeal within thirty days.
4. 417(3): Applications for special leave to appeal (u/s sub section 2) must be
made within sixty days of the acquittal order.
5. 417(4): If special leave to appeal is refused under subsection (2), no appeal can
be made under subsection (1).
418. Appeal on what matters admissible: (1) An appeal may tie on a matter of fact as
well as matter of law.

Appeals can address both the facts of the case and legal issues, including the severity
of the sentence, which is treated as a legal matter.

419. Petition of appeal: Every appeal must be submitted as a written petition by the
appellant or their pleader, and it should include a copy of the judgment or order being
appealed, unless directed otherwise by the court.
420. Procedure when appellant in jail:

If the appellant is in jail, they can submit their appeal petition and accompanying copies
to the officer in charge of the jail, who will then forward them to the appropriate
Appellate Court.
421. Summary dismissal of appeal:

1. Upon receiving the appeal petition under 419 and 420 the Appellate Court
reviews it and may dismiss the appeal summarily if there is no sufficient ground
for interference. However, appeals under Section 419 cannot be dismissed
without giving the appellant or their pleader a reasonable opportunity to be heard.
2. Before dismissing an appeal, the Court may request the case record but is not
required to do so.

422. Notice of appeal:

If the Appellate Court does not summarily dismiss the appeal, it must notify the
appellant or their pleader, and the appointed Provincial Government officer, about the
time and place of the hearing. Upon the officer's request, the court must provide a copy
of the appeal grounds. For appeals under Section 411-A(2) or Section 417, the accused
must also be notified.
423. Powers of Appellate Court in disposing of appeal:

1. The Appellate Court will review the case record, hear from the appellant or their
pleader, the Public Prosecutor, and in certain cases, the accused. The court may
then:
● (a) In an appeal against an acquittal, reverse the order, direct further
inquiry, order a trial, or convict and sentence the accused.
● (b) In an appeal against a conviction, reverse the finding and sentence,
acquit, discharge, order a retrial, maintain or reduce the sentence, but not
enhance it.
● (c) In an appeal against any other order, alter or reverse the order.
 ● (d) Make any necessary amendments or orders.

424. Judgments of subordinate Appellate Courts:

The rules in Chapter XXVI for judgments of a Criminal Court of original jurisdiction apply
to the judgments of any Appellate Court other than a High Court. Unless the Appellate
Court directs otherwise, the accused is not required to be present to hear the judgment
delivered.

425. Order by High Court on appeal to be certified to lower Court:

1. When the High Court decides an appeal, it must certify its judgment or order to
the original court. If the original order was by a Magistrate other than the District
Magistrate, the certificate is sent through the District Magistrate.
2. The court receiving the High Court's certification must make orders conforming
to the High Court's judgment, and amend the record if necessary.
426. Suspension of sentence pending appeals--Release of appellant on bail:

1. 426(1): During an appeal, the Appellate Court can suspend the sentence and, if
the appellant is in confinement, release them on bail or their own bond, with
reasons recorded in writing.
2. 426(2): The High Court can also use this power for appeals to subordinate
courts.
3. 426(2-A): For non-bailable offenses, if a person intends to appeal a sentence, the
Court may release them on bail for a sufficient period to file the appeal. The
sentence is considered suspended while on bail.
4. 426(2-B): If the High Court grants special leave to appeal to the Supreme Court, it
may suspend the sentence and release the appellant on bail.
5. 426(3): If the appellant is ultimately sentenced to imprisonment, the time
released on bail is excluded from the total imprisonment term.

427. Arrest of accused in appeal from acquittal: When an appeal under Section
411-A(2) or Section 417 is presented, the High Court may issue a warrant for the arrest
of the accused, who may then be committed to prison pending the appeal or admitted
to bail.
428. Appellate Court may take further evidence or direct it to be taken:

1. The Appellate Court, if it deems additional evidence necessary, shall record the
reasons and may take the evidence itself or direct it to be taken by a Magistrate,
or, if the Appellate Court is the High Court, by a Court of Session or a Magistrate.
 2. If the additional evidence is taken by the Court of Session or the Magistrate, they
shall certify the evidence to the Appellate Court, which will then proceed to
dispose of the appeal.
3. Unless directed otherwise by the Appellate Court, the accused or their pleader
must be present when the additional evidence is taken.
4. The process of taking evidence under this section must follow the provisions of
Chapter XXV as if it were an inquiry.

429. Procedure where Judges of the Court of Appeal are equally divided:

When the Judges of the Court of Appeal are equally divided in opinion, the case, along
with their opinions, shall be referred to another Judge of the same Court. This Judge will
deliver their opinion after any necessary hearing, and the judgment or order will follow
this opinion.

430. Finality of orders on appeal:

Judgments and orders passed by an Appellate Court are final, except in cases provided
for in Section 417 and Chapter XXXII.

431. Abatement of appeals:

Appeals under Section 411-A(2) or Section 417 abate upon the death of the accused.
Other appeals, except those involving a sentence of a fine, abate upon the appellant's
death

REVISION

435. Power to call for records of inferior Courts:*

1. The High Court or a Sessions Judge can examine records from inferior criminal
courts within their jurisdiction to check the correctness, legality, or propriety of any
finding, sentence, or order, and can suspend sentences or release the accused on bail
during the review.

- **Explanation:** All Magistrates are considered inferior to the Sessions Judge.

**436. Power to order further inquiry:**

1. record under Section-435 or anyways The High Court can direct a Sessions Judge to
require a subordinate Magistrate to conduct further inquiry into a dismissed complaint
or discharged case. dismissed under Section 203 or sub-section (3) of Section 204,

2. The High Court or Sessions Judge can direct further inquiry into proceedings where
an order of discharge or release under Section 119 has been made, provided the person
had a chance to show cause against such direction.
119. Discharge of person informed against:

If, during an inquiry under Section 117, it is not proven necessary to require the person
to execute a bond for keeping the peace or maintaining good behavior, the Magistrate
shall record this finding. If the person is in custody solely for the inquiry, they shall be
released. If not in custody, they shall be discharged.

439. High Court’s powers of revision:

1. 439(1): The High Court can exercise any appellate powers under Sections 423,
426, 427, and 428 or Section 338, including enhancing the sentence. If judges are
equally divided, Section 429 procedures apply.
2. 439(2): No adverse order against the accused without giving them a chance to be
heard, either personally or by pleader.
3. 439(3): If the sentence is by a Magistrate, the High Court cannot impose a
greater punishment than a First Class Magistrate could.
4. 439(4): The High Court cannot:
● (a) Convert an acquittal into a conviction.
● (b) Revise Sessions Judge orders under Section 439.
5. 439(5): No revision if an appeal could have been made but wasn't.
6. 439(6): Convicted persons can show cause against their conviction when given
the opportunity to show cause against sentence enhancement.

439-A. Sessions Judge's powers of revision:

1. 439-A(1): The Sessions Judge can exercise any of the revision powers of the
High Court under Section 439 for proceedings before a Magistrate.
2. 439-A(2): An Additional Sessions Judge has the same powers as a Sessions
Judge for cases transferred to them by a general or special order from the
Sessions Judge.
440. Option with Court to hear parties:

No party has the right to be heard personally or by pleader during revision. However, the
Court may choose to hear any party if it deems fit. This does not affect Section 439(2).

442. High Court's order to be certified to lower Court or Magistrate:

When the High Court revises a case, it certifies its decision to the original court or
Magistrate. The lower court must conform to this decision and amend the record if
necessary.

Difference between Judgement & Order

● Judgement : evidence is discussed in detail; contains point for determination

● In a murder case following are the points of determination to be added in the
judgement:
● cause if death: natural or unnatural (only unnatural death is murder)
● Accused guilty
● Judgement
● Order: could be either short or long (Section 265k) - final decree
● Only judgement can be appealed in higher courts if: need to discuss both laws
and facts for appeal to be maintainable
● Facts are not presented accurately, twisted
● Jurisdiction can be challenged
● Witness can be challenged
● If applied laws are barred
● Only Order upon which the case is decided/ dismissed can also be challenged in
Appeal

Review of Order has limited scope:

● Order is reviewed by Same Court, Same Judge

● Only the same lawyer can file for review
● Only a fixed point of contention with be reviewed

If there are 3 accused and 1 is acquitted then the opposing counsel can file both appeal
or revision on the order of the acquittal as that order is final for that specific ex-accused:

● such orders are called interlocutory orders: that comes in between the case

And to reverse this acquittal we can apply for revision: revisions are only for
interlocutory orders

Revision is always against the judicial order

For administrative order: we can only go to High Court under C.P 199

● If suit dismissed or stay order dismissed : then we file for revision as the case
still remains only application is dismissed

In summary in following we can go to revision:

1: acquitted during trial

2: Dismissed Application

3: Interlocutory Order

4: Misc. Judicial Order

6. Bail before and after

Webster’s dictionary:
A temporary release of a prisoner upon security of one, who provides bail.

496. In what cases bail to be taken: When someone not accused of a non-bailable (only
bailable offence) offense is arrested without a warrant by officer incharge of police
station be or appears before a court and is ready to post bail, they must be released on
bail. However, the officer or court may choose to release them on a bond without
sureties. This doesn't affect specific provisions of Section 107(4) or Section 117(3).
497. When bail may be taken in case of non-bailable offence:

1. 497(1): A person accused of a non-bailable offense can be released on bail

unless there's a strong reason to believe they committed a crime punishable by
death, life imprisonment, or imprisonment for ten years. Exceptions include
minors under 16, women, or those who are sick or infirm. The accused won't be
released unless the prosecution has a chance to argue against it.
2. 497(2): If, during any stage of the investigation, inquiry or trial, it's believed there
aren't strong grounds to think the accused committed the non-bailable offense
but further inquiry is needed, they can be released on bail or on a bond without
sureties for his appearance
3. 497(3): The officer of a court releasing someone on bail u/s s.1 must record the
reasons for this decision.
4. 497(4): If the court believes, after the conclusion at the trial but before delivering
a verdict, that there are reasonable grounds to think the accused is not guilty,
they should release the accused, if in custody, on a bond without sureties until
the judgment is delivered.
5. 497(5): A High Court, Court of Session, or any court that released the person can
have them arrested again and committed to custody.

498. Power to direct admission to bah or reduction of bail:498: The amount of bail
should be reasonable considering the case's circumstances and not excessive. The
High Court or Court of Session can order someone to be admitted to bail or reduce the
bail amount set by a police officer or Magistrate.
498-A. No bail to be granted to a person not in custody, in Court or against whom no
case is registered, etc.:498-A: No bail will be granted to someone not in custody, not
present in court, or without a registered case. A ny bail order or direction must pertain
specifically to the case registered against the individual for it to be valid.

- If challan is not present seek under 496/ 498 CRPC Pre-Arrest Bail by session
judges on few grounds
- Arrest of the hand of the police and apprehension of humiliation
- Extra judicial confession
- Mal treatment
- Loss of Reputation
- During: Pre-Arrest Bail could be granted any time
- Ad interim order: bail recalled and arrested
- If pre arrest bail was granted before challan, and bail has been recalled
after the challan; then accused will file fresh bail
- Challan period is within 14 days
- Accused can opt for appeal
- If challan is present then we go for Post-Arrest Bail under section 497 CrPc
directly to Magistrate
- On post or pre arrest bail, accused will:
 - Not Temper the witness
- Not Harrass the witness
- Attend the court regularly
- Submit surety to the satisfaction of the court
- Or if accuse will be absconder
- Bail will not be granted if court thinks person will do all above or And accused offence
does not fall within the prohibitory clause 497(1)

Preventive Bail

7. Role of Prosecutor in Criminal Trial