THE CODE OF CRIMINAL PROCEDURE (ACT V OF 1898)
PART I PRELIMINARY
CHAPTER I
Definitions:
Section 4:
Section 4. Definition.
(1) In this Code the following words and expressions have the following meanings unless a different intention appears from the subject or context:
(a) "Advocate-General". "Advocate-General" includes also a Government Advocate or, where there is not Advocate-General or Government Advocate, such officer as the Provincial Government may, from time to time, appoint in this behalf;
(b) "Bailable offence", "Non-bailable offence". "Bailable offence" means an offence shown as bailable in the second schedule, or which is made bailableby any other law for the time being in force; and "non-bailable offence means any other offence:
(c) "Charge". "Charge" includes any head of charge when the charge contains more heads than one:
(d) [Rep. by the Repealing and amending Act, 1923 (Act XI of 1923)]
(e) [Omitted by Law Reforms Ordinance, 1972].
(f) "Cognizable offence": Cognizable case". "Cognizable offence" for, and "cognizable case" means a case in, which a police officer, may, in accordance with the second schedule or under any law for the time being in force, arrest without warrant;
(g) Omitted by A. O. 1949.
(h) "Complaint". "Complaint" means the allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person whether known or unknown, has committed an offence, but it does not include the reports of a police-officer;
Power of Attorney: Authenticated by Jail Authorities-l valid document. 1991 P.Cr.L.J. 2425. Constituted Attorney can appear for the accused. (ibid)
(i ) Omitted by Act II of 1950.
(j) "High Court". "High Court" means the highest Court of Criminal appeal or revision for a Province:
(k) "Inquiry" "Inquiry" includes every inquiry other than a trial conducted under this Code by a Magistrate or Court;
(l) "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 authorized by a Magistrate in this behalf;
(m) "Judicial proceeding". "Judicial proceeding" includes any proceeding in the course of which evidence is or may be legally taken on oath;
(n) "Non-cognizable offence": "Non-cognizable case". "Non-cognizable offence" means an offence for, and "non-cognizable case" means a case in, which a police officer, may not arrest without warrant;
(o) "Offence". "Offence" means any act or omission made punishable by any law for the time being in force; it also includes any act in respect of which a complaint may be under section 20 of the Cattle Trespass Act, 1871.
(p) "Officer in charge of a police-station". "Officer in charge of a police station" includes, when the officer in charge of the police-station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when the Provincial Government so directs, any other police-officer so present;
(q) "Place". "Place" includes also a house, building, tent and vessel:
(r) "Pleader". "Pleader", used with reference to any proceeding in any Court, means, a pleader or a mukhtar authorized under any law for the time being in force to practice in such Court, and includes (1) an advocate, a vakil and an attorney of a High Court so authorized, and (2) any other person appointed wit the permission of the Court to act in such proceeding;
(s) "Police-station". "Police-station" means any post or place declared generally or specially, by the Provincial Government in this behalf:
(t) "Public Prosecutor". Public Prosecutor" means any person appointed under section 492, and includes any person acting under the directions of a Public Prosecutor and any person conducting a prosecution on behalf of the State in any High Court in the exercise of its original criminal jurisdiction:
(u) "Sub-division". "Sub-division" means a sub-division of a district.
[Clauses (v) and (w) of Subsection (1) of Section 4 omitted by Law Reform Ordi. 1972.]
(2) Words referring to acts. Words which refer to acts done, extend also to illegal omission; and
Words to have same meaning as in Pakistan Penal Code. All words and expressions used herein and defined in the Pakistan Penal Code, and not hereinbefore defined, shall be deemed to have the meanings respectively attributed to them by the Code.
Explanation, Illustration and Relevant Cases:
Criminal Procedure Code (V of 1898)----Section .4(1)(l)-Investigation is other name of collection of evidence in respect of crime in question-Police may or may not arrest an accused person during such an investigation as it may suit proper investigation. PLJ 2001 Cr.C 557
Criminal Procedure Code (V of 1898)---S. 156 & 4(1)(l)-Constitution of Pakistan, 1973, Art. 199-Investigation- Collection of evidence-Refusal to record version of petitioner by police- Constitutional petition-Held : Investigating officer is under obligation to record petitioners version in Investigation and receive all evidence to be produced and then proceed with same fairly, justly and strictly in accordance with law. PLJ 2003 1168
Criminal Procedure Code (V of 1898) Section 4 (1) (r)‑"Any other person appointed with the permission of the Court "‑Such person must be duly appointed by the accused and the requisite permission of Court obtained to represent him. P L D 1952 38
Criminal Procedure Code (V of 1898)---Section. 4(1)(j)--Expression "Court"~It can hardly be said that High Court would be excluded from term "Court" used in code. PLJ 1997 Cr.C 195
Criminal Procedure Code (V of 1898), Section . 4 (h)‑Complaint does not require statement of fact beyond allegation that some person has committed an offence. P L D 1953 72
Criminal Procedure Code (V of 1898), Section. 4(1)(f)Offence cognizable‑ Abetment of offence also cognizable. In the Second Schedule to the Code of Criminal Procedure, entries against sections 109 and 116 show that abetment of an offence is cognizable if the offence itself is cognizable.
P L D 1956 13
Criminal Procedure Code (V of 1898), Section s. 4 (t) and 417Appeal directed by Provincial Government to be presented by one Public Prosecutor maybe presented on his directions by another. P L D 1958 312
Criminal Procedure Code (V of 1898), Section. 4 (1), CL (t)"Public Prosecutor"‑Includes Assistant Public Prosecutor and any person conducting prosecution under Public Prosecutor. P L D 1960 783
Criminal Procedure Code (V of 1898) Section. 155(2) read with S. 4(1)(f)‑Investigation by police in non‑cognizable case, without permission of a Magistrate, is a nullity and cannot be the basis of a report‑Thing required by law to be done in a certain way must be done in that way or not at all. 1968 P Cr. L J 97
Criminal Procedure Code (V of 1898), Section . 4 (m)-"Judicial proceedings" - Mere power to receive evidence or summon witnesses-Does not constitute judicial proceeding. 1968 P Cr. L J 682
Criminal Procedure Code (V of 1898), Section. 205 (1) read with Section. 4 (r)‑"Pleader"‑Definition‑Any person, may be a relation of accused, can act as pleader in a particular proceeding with Court's permission. 1969 P Cr. L J 788
Criminal Procedure Code (V of 1898) Section. 4(h)‑"Complaint".‑Definition‑Requirements of a complaint-Form in which complaint made not material.‑[Complaint]. P L D 1978 108
Criminal Procedure Code (V of 1898)—Sections. 188 & 4(1)(k)-Inquiry, scope of-Trial or judicial enquiry by Magistrate-Not restricted by first proviso to S. 188. P L D 1980 119
Criminal Procedure Code (V of 1898), Section .4(k)‑‑"Inquiry" includes every inquiry other than a trial conducted under Cr.P.C. by a Magistrate or Court‑‑Held, there could be no defect in the conduct of inquiry under Ss .7 & 8, Extradition Act, 1972 by the designated Magistrate notwithstanding the fact that the trial could take place only before the Sessions Court. P L D 1989 519
Criminal Procedure Code (V of 1898)---Section. 4(1)(r)---Words `any other person' occurring in S.4(1)(r), Cr.P.C. are not restricted in their meaning and are not limited to a person authorised by law to appear in a particular Court---`Constituted attorney' thus can appear for the accused. 1991 P Cr. L J 2425
Criminal Procedure Code (V of 1898)‑‑‑Section . 4(1)(h)‑‑‑"Complaint"‑‑‑Definition‑‑‑Definition of "complaint" in Criminal Procedure Code, 1898 is expressly restricted to the Code and to no other law, even if it be partaking of the subject covered by the Cr.P.C. P L D 1995 1
Criminal Procedure Code (V of 1898)‑‑‑Section. 4(1)(l)‑‑‑Constitution of Pakistan (1973), Art. 199‑‑‑Constitutional petition‑‑Investigation‑‑‑Allegation of mala fides‑‑‑Remedy‑‑‑Where investigation was launched mala fide by Investigating Agencies, same would be open to correction by invoking Constitutional jurisdiction of High Court under Art. 199 of the Constitution. 1997 S C M R 2008
Criminal Procedure Code (V of 1898)---Section.4(1)(a)---Constitution of Pakistan (1973), Art. 140 & 260---AdvocateGeneral---Word "Advocate-General" having not been defined in the Constitution of Pakistan (1973), appointment has to be made according to Art. 140 of the Constitution---Only that person would be called "Advocate-General", who had been appointed as such---Definition of "Advocate-General" as given in the Criminal Procedure Code could not be extended to any other officer particularly "Assistant Advocate-General" appointed in BPS-20 with all privileges and benefits of the said grade---Definition of Advocate-General given in the Criminal Procedure Code, 1898 was for the purposes of the said Code and proceedings conducted in accordance therewith.---[Advocate-General]. 1997 M L D 3079
Criminal Procedure Code (V of 1898)---Section. 4(1)(r)---Words `any other person' occurring in S.4(1)(r), Cr.P.C. are not restricted in their meaning and are not limited to a person authorised by law to appear in a particular Court---`Constituted attorney' thus can appear for the accused. 1991 P Cr. L J 2425
Criminal Procedure Code (V of 1898)‑‑‑Section . 4(1)(h)‑‑‑"Complaint"‑‑‑Definition‑‑‑Definition of "complaint" in Criminal Procedure Code, 1898 is expressly restricted to the Code and to no other law, even if it be partaking of the subject covered by the Cr.P.C. P L D 1995 1
Criminal Procedure Code (V of 1898)‑‑‑Section. 4(1)(l)‑‑‑Constitution of Pakistan (1973), Art. 199‑‑‑Constitutional petition‑‑Investigation‑‑‑Allegation of mala fides‑‑‑Remedy‑‑‑Where investigation was launched mala fide by Investigating Agencies, same would be open to correction by invoking Constitutional jurisdiction of High Court under Art. 199 of the Constitution. 1997 S C M R 2008
Criminal Procedure Code (V of 1898)---Section.4(1)(a)---Constitution of Pakistan (1973), Art. 140 & 260---AdvocateGeneral---Word "Advocate-General" having not been defined in the Constitution of Pakistan (1973), appointment has to be made according to Art. 140 of the Constitution---Only that person would be called "Advocate-General", who had been appointed as such---Definition of "Advocate-General" as given in the Criminal Procedure Code could not be extended to any other officer particularly "Assistant Advocate-General" appointed in BPS-20 with all privileges and benefits of the said grade---Definition of Advocate-General given in the Criminal Procedure Code, 1898 was for the purposes of the said Code and proceedings conducted in accordance therewith.---[Advocate-General]. 1997 M L D 3079
Criminal Procedure Code (V of 1898)---Section. 4 (1)(o)--- "Offence "---Connotation --Commission of an offence not only depends on the result to be achieved, but if the element of mens rea to commit an offence is traceable and intention through visible sign is exposed even without any overt act, the offence can be said to have been committed--Combination of the intention with the action exposing such intention would, thus, bring the act under the definition of an offence. 1999 Y L R 533
Criminal Procedure Code (V of 1898), Section 4(i)(s)---Notifying the office of Excise functionaries as police station under Section .4(i)(s), Cr.P.C.--Necessity---Office of Excise functionary acting under the provisions of Central Excises Act, 1944 was neither required to be notified as police station under S.13 of Central Excises Act, 1944, nor any other office of the Excise' Department was to be so notified under SA(i)(s), Cr.P.C. 2001 P Cr. L J 38
Criminal Procedure Code (V of 1898)---Section 4(1)(l)---Investigation--Scope---Investigation is the other name of collection of evidence in respect of the crime in question---Police may or may not arrest an accused person during such an investigation as it may suit proper investigation. 2001 PLD 271
Criminal Procedure Code (V of 1898), Section 4(i)(s)---Notifying the office of Excise functionaries as police station under Section .4(i)(s), Cr.P.C.--Necessity---Office of Excise functionary acting under the provisions of Central Excises Act, 1944 was neither required to be notified as police station under S.13 of Central Excises Act, 1944, nor any other office of the Excise' Department was to be so notified under SA(i)(s), Cr.P.C. 2001 P Cr. L J 38
Criminal Procedure Code (V of 1898)---Section 4(1)(l)---Investigation--Scope---Investigation is the other name of collection of evidence in respect of the crime in question---Police may or may not arrest an accused person during such an investigation as it may suit proper investigation. 2001 PLD 271
Criminal Procedure Code (V of 1898)‑‑‑Sections. 4(1)(c) & 221‑‑‑'`Charge"‑‑‑Meaning and purpose‑‑‑Charge was precise formation of specific accusation made against a person who was entitled 'to know its nature at the earliest stage‑‑‑Purpose of a charge was to tell an accused as precisely and concisely as possible the matter in which he was charged and must convey to him with sufficient clearances and certainty what the prosecution intended to prove against him and of which he would have to clear himself. 2004 P Cr. L J 397
Criminal Procedure Code (V of 1898)---Section. 4(1)(h)-Complaint-Remedy of-Held: Remedy of approaching court by filing complaint having been provided by Taw, same not to be refused or circumscribed on consideration of police having recorded opinion contrarv to allegations made in complaint. PLJ 1983 Cr.C 193
Criminal Procedure Code (V of 1898)---Section. 4(1)(h) - Complaint - Definition of - Held : Police report or charge-sheet to be no complaint within definition under S. 4(A). PLJ 1983 Cr.C 186
Criminal Procedure Code (V of 1898)---Section. 4(h)--Word and Phrases--"Complaint"--In normal course a complaint may be filed by any person bringing into the notice of a concerned magistrate or a Court for initiation of an action against some person who allegedly committed an offence. PLJ 2010 Cr.C 564
Criminal Procedure Code, 1898 (V of 1898)-- ----Section. 4(1)--Constitution of Pakistan, 1973, Art. 199--Change of investigation--Definition of--Objection of investigation as divulged through its definition given in S. 4(1) (e), Cr.P.C. is to collect evidence to ascertain the truth or falsehood innocence or probable guilt of the person suspected of crime. PLJ 2012 74
Criminal Procedure Code, 1898 (V of 1898)-- ----Section. 4(1)--Constitution of Pakistan, 1973, Art. 199--Change of investigation--Definition of--Objection of investigation as divulged through its definition given in S. 4(1) (e), Cr.P.C. is to collect evidence to ascertain the truth or falsehood innocence or probable guilt of the person suspected of crime. PLJ 2012 74
No comments:
Post a Comment