WASEEM LAW ASSOCIATES:
LEARNING IN CRIMINAL LAW
Explanation of Criminal trial:
If we want to start trial, then there are many proceeding before starting trial. Question i 5 this how these proceedings can be found out. When we study CR.P.C, trial always st arts from section 211, where charge is framed and section 222 and 225 where trial is st arted. So before 211, there is pre-trial proceeding. There are two stages of pre-trial
1. Pre-trial stages
*One stage starts by police
*Other stage starts by Magistrate
There are sane type of proceeding which is done by police and magistrate. Both observe evidence. Police collects evidence and make its opinion. This work of police collecting evidence is caned investigation. When this task will come before magistrate this wi Il be called inquiry. Inquiry keeps continues till starting of trial
Steps involved in investigation and inquiry:
1. Investigation
2. Collecting of evidence
3. Finding of police
4. Opinion send to magistrate
5. Magistrate will not accept charge sheet with blind eyes.
6. What magistrate will do?
7. Magistrate will review all evidence, whether matter is real or not? Can case be start ed or not? Whether he can be accused or not? Has crime done or not? Is any releva ncy between accused and crime?
After submitting charge sheet by police, inquiry is started, and inquiry will be continue d until and unless trial is started. So there are four stages of criminal case.
1. Investigation
2. Inquiry
3. Trial
4. Judgment
Investigation:
1. In investigation, many tasks are done, police may raid. collect the evidence from crime scene, and police can arrest the accused and suspect persons.
2. Police can send evidence for its forensic.
There are two types of cases at investigation level. At stage of investigation, the offence will determine, whether police can arrest or not? For example: one is cognizable and other is non-cognizable offence.
Police will see whether offence done is cognizable or not? If offence is cognizable the n Police will record FIR according to section 154 CRPC. if offence is non-cognizable then it will fall under section 155 of CRPC. then police will write non-cognizable repo rt to magistrate
Cognizable offence
*Police can arrest accused without warrant
*Right of arrest to police
*Right of investigation
Non-Cognizable offence
*Police Cannot arrest accused without war rant
*No right of arrest to police
*No right of investigation
First schedule of CRPC shall tell which offence is cognizable or not?
Generally, we define the criteria for cognizable and non-cognizable offences is that if punishment of offence is less than 3 years is non-cognizable offence while more than 3 years are cognizable offences? This is a myth not true. What truth is? The truth is first schedule
All offences more than 3 years are not completely cognizable offences. Some offences are non-cognizable having more than 3 year's punishment. Offences having less than 4 years punishment are not totally non-cognizable offence. Some are cognizable and some are non-cognizable offences. Some offences are such types of nature which having more than 3 years punishment but they are not cognizable like Matrimonial cases section 493 to 498 PPC
Others miscellaneous
*What is bail?
Releasing a prisoner due to a deposit of a security
*What is law of bail?
There are two types of bail. One is pre-arrest bail and other is post arrest bail
Pre-arrest bail
Section 498 of CRPC 1898 deals with pre-arrest bail When bail is granted before arrest is called pre-arrest bail
Post arrest bail
Section 497 of CRPC 1898 deals with post arrest bail When bail is granted after arrest of person is called post arrest bail
*What is Muchalka?
This is bail bond which submitted by the person whom bail is granted.
*Statement of 161.
Under section 161 of CRPC 1898, when statement is given by the any person o r eye-witness before police, such statement is recorded under section 161
*Statement of 164
Section 164 of CRPC deals with confessional statement of an accused before m agistrate,
*Statement of 342.
When Statement of an accused is recorded before court during trail
*What is Chalaan/ report of 173?
After lodging of FIR,
When police has completed their investigation about the crime, then they submi t report before magistrate. This report is known as chalaan.
Lahore High Court Lahore visit
During my internship period I visited following courts with my senior advocate.
1. Justice Shahbaz Ahmad Rizvi High Court Lahore
2. Justice Ali Zia Bajwa High Court Lahore
3. Justice Aliya Neelum High Court Lahore
4. Justice Farrukh Irfan Khan High Court Lahore
5. Justice Ch. Mushtaq Ahmed High Court Lahore
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