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Category: CODE OF CRIMINAL PROCEDURE 1898.

Power of Criminal Court

Power of Criminal Court

Power of Criminal Court to try offences: Intro: Administration of justice is the most important function of the state. For this purpose our constitution has found out a hierarchy of courts. The Apex court is Supreme Court, go after by High Courts are created by Pakistan’s constitution 1973, and the constitution embodied and defined the power and jurisdiction. The term Criminal Court has not been defined anywhere, yet it means a Court as mentioned in Cr. PC. Sec 6 of…

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Power of High Court

Power of High Court

Inherent Power of High Court: Every court whether Civil or Criminal possesses inherent powers in its very constitution to do justice and to undo the wrong in the course of administration of justice. High Court under Article 203 of the Constitution being responsible for the entire administration of justice and being charged with responsibility of supervising all Courts subordinates to it. Relevant Section: Sec 561-A Cr.P.C, 1898. Inherent Powers of High Court Prevention of Abuse of Process of Court and…

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Double Jeopardy under Cr. PC

Double Jeopardy under Cr. PC

Double Jeopardy under Code of Criminal Procedure Discuss and explain the maxim “a man cannot be vexed twice on the same count or wire an explanatory note on the principle of enture fois acquits ? Introduction: To find answer to the question a reference to section 403 Cr. PC 1898 may be necessary. It is provided therein that a person who has once been tried by a court of competent jurisdiction for an offence and convicted on that account shall,…

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Procedure for Arrest

Procedure for Arrest

Procedure for Arrest 1. Intro: The arrest is sufficient if there is a submission to the custody by word or act8ion, in which case, there is no need actual touch or confine of the body of such person. An arrest in police custody doesn’t necessarily mean custody after formal arrest, but also includes some sort of police surveillance and restrictions on the movements of the person concerned by police. Process for accused arresting, (i) offense occurrence (ii) FIR registration (iii)…

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Inquiry, Investigation, Trial and its difference

Inquiry, Investigation, Trial and its difference

Inquiry, Investigation, Trial and its difference Intro: The definition of the word “investigation” is not exhaustive. An investigation by the police commences with the primary step taken by the police-officer within the matter of the offence and therefore the culprit thereof. The word ‘inquiry’ means to incorporate everything wiped out a case by a Magistrate whether the case has been challenged or not. It does not always mean a judicial inquiry. The word “inquiry must be distinguished” from “investigation” under…

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Appeal against acquittal

Appeal against acquittal

Appeal against acquittal: In common practice no appeal are often filed against an order of acquittal gone by any court aside from a supreme court. Where there’s a serious prejudice is seen, the government may perhaps direct the prosecutor to appeal before supreme court against an ingenious or appellate order of acquittal awarded by court other then high court in line with section 417. The empowerment of provincial government to interfere in such case by way of appeal is predicated…

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Appeal and its Kind

Appeal and its Kind

Appeal and its Kind: Appeal is a continuation of ongoing judicial proceedings. though under section 404, no appeal be made in opposition to one order or judgment of court exercising jurisdiction of criminal except extraordinary proviso has been described during the code of criminal procedure or in any law effective. Right of appeal is bestowed by law & can’t be claimed as a right. Definition: Appeal is continuation of judicial proceeding from lower to top. Right of appeal is bestowed…

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Public Nuisance

Public Nuisance

Public Nuisance: Prevention of the public peace and tranquility is the primary function of the government. Criminal law protects the entire society by providing measure to person and property. Section 144 of criminal proceeding code provides for the difficulty of temporary orders in urgent cases of nuisance or apprehended danger. It confers power on certain magistrate to require prompt action in cases of emergency. An order u/s144 can be made only to prevent danger to life, health, safety peace or…

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