THE CODE OF CRIMINAL PROCEDURE (ACT V OF 1898)
PART I PRELIMINARY
CHAPTER I
Section 5: Trial of offences under Penal Code
Section 5. Trial of offences under Penal Code.(1) All offences under the Pakistan Penal Code shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.
(2) Trial of offences against other laws. All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.
Explanation, Illustration and Relevant Cases:
Criminal Procedure Code (V of 1898), Section .5---Offences under National Accountability Ordinance, 1999 are to be investigated under Criminal Procedure Code, 1898 as no procedure is provided under the Ordinance to deal with the process of investigation---Provisions of Criminal Procedure Code, 1898 have mutatis mutandis been made applicable to the proceedings under the Ordinance by virtue of S.17(a) of National Accountability Ordinance, 1999. P L D 2007 429
Section 5 (2) of the Code of Criminal Procedure lays down that offences under other laws shall be investigated, inquired into, tried and otherwise dealt with according to the provisions of the Code of Criminal Procedure subject to any special provisions made with regard to such offences. The West Pakistan Foodstuffs (Control) Act does not contain any special provisions regarding the investigation, inquiry or trial of offences created under that Act. That being the case, the provisions of section 408 and of sections 435 to 439 of the Code of Criminal Procedure apply in the case of a conviction recorded by a Magistrate for an offence punishable under the West Pakistan Foodstuffs (Control) Act 1958. P L D 1961 164
Section 5 (2) of the Code of Criminal Procedure lays down that offences under other laws shall be investigated, inquired into, tried and otherwise dealt with according to the provisions of the Code of Criminal Procedure subject to any special provisions made with regard to such offences. The West Pakistan Foodstuffs (Control) Act does not contain any special provisions regarding the investigation, inquiry or trial of offences created under that Act. That being the case, the provisions of section 408 and of sections 435 to 439 of the Code of Criminal Procedure apply in the case of a conviction recorded by a Magistrate for an offence punishable under the West Pakistan Foodstuffs (Control) Act 1958. P L D 1961 164
Industrial Disputes Ordinance (LVI of 1959), Sections. 10(c), 11(3), 26, 28 & 30‑Industrial Court‑Held, criminal Court for purposes of trial under S. 26 or 28‑Violation of provisions of S. 30 being punishable with substantive sentence and fine, proceeding under S. 28 purely of criminal nature‑Provisions of Cr. P. C. (V of 1898) relating to summons cases applicable to such trials‑Industrial Court, held, subordinate to, and subject to appellate and revisional jurisdiction of, High Court‑Criminal Procedure Code (V of 1898), Ss. 5 (2), 200, 410 & 439. P L D 1964 441
Criminal Procedure Code (V of 1898)--Section. 5 read with S. 5‑A, Prevention of Corruption Act (II of 1947)‑Nothing provided in Prevention of Corruption Act as to "manner" of investigation of relevant offences‑Provisions of Criminal Procedure Code therefore applicable. P L D 1968 101
Criminal Procedure Code (V of 1898)‑ Section 5. read with Suppression of Terrorists Activities (Special Courts) Act (XV of 1975), S. 4(1) & Explosive Substances Act (VI of 1908), Ss. 3 & 4‑Bail‑Jurisdiction‑Contention that only 'trial' of offences under Explosive Substances Act was barred by ordinary Courts and determination of bail matter was within jurisdiction of ordinary Courts‑Contention, held, not correct‑Held further, once a Special Court, constituted under Act XV, no other Court, cold deal with scheduled offences, including bail matter.‑[Bail‑Jurisdiction].
1977 P Cr. LJ 1113
Criminal Procedure Code (V of 1898) Sections. 5 and 497 read with Customs Act (IV of 1969), Ss. 161 (5) & 185-C Vii)-Provisions of S. 497, Cr. P. C.-Directly applicable in cases tried under Customs Act, for all intents and purposes-Contention that S. 161 of Customs Act having made special provisions for grant of bail to offenders charged for offences under Customs Act, application of S. 497. Cr. P. C. excluded -Contention, held, erroneous and powers vesting in Special Judge regulated by S. 497, Cr. P. C. 1979 P Cr. L J 977
Criminal Procedure Code (V of 1898)---Section. 5 (2) read with Customs Act (IV of 1969), Ss. 185-C & 156 (1) (8)-Trial for offence under a special law, procedure prescribed for-All offences under laws other than P. P. C.--Triable and otherwise to be dealt according to provisions of Cr. P. C. subject, however, to any specific provision, prescribing a different procedure or manner of dealing with such a case--Provision of Cr. P. C., held, made expressly applicable to proceedings initiated under Customs Act, excepting provisions inconsistent with Customs Act. 1981 P Cr. L J 594
Criminal Procedure Code (V of 1898), Sections.1(2), 5, 6 & 29‑‑Venue of trial‑‑‑No Court is mentioned in Surrender of Illicit Arms Act, 1991, for trial of offences under S.7(1) or S.12 thereof‑‑‑Such offences being punishable with imprisonment for life and with imprisonment which may extend to ten years, under S.7(1) and S.12 respectively are triable exclusively by Court of Session according to Second Schedule of Code of Criminal Procedure, 1898. 1992 M L D 1618
Criminal Procedure Code (V of 1898)‑‑‑Sections. 5 and 29‑‑‑Forum for trial of offences‑‑‑In case of the existence of concurrent jurisdiction proceedings should be ordered to be initiated before the lowest forum provided under the law and the principle of equality before law is to be followed irrespective of the status of the litigants. 1995 M L D 1615
Criminal Procedure Code (V of 1898)‑‑‑ Sections.1(2) and 5(2)‑‑‑Applicability to matters governed by any special or local law‑‑‑Joint reading of the provisions of Ss. 1(2) & 5(2), Cr. P. C. indicates that the Code of Criminal Procedure is not applicable to the matters governed by any special or local law unless expressly provided making it applicable to such special or local law wholly or to any extent. 2003 Y L R 1185
Criminal Procedure Code (V of 1898)---Sections. 5(1)(2)---Trial of offences under Special Laws---Scope---Criminal Procedure Code, 1898 though was meant primarily to regulate the investigation, inquiry and trial under the Pakistan Penal Code, 1860 (in terms of S. 5(1), Cr. P.C, but it stipulates an exception in terms of S.5(2), Cr.P.C.---Mandate of S. 5(2), Cr.P.C. is that persons who are proceeded against under special law shall be dealt with and their cases inquired into, investigated and tried .according to the procedure laid down in the said special law---Situation could arise where an enactment provides a special procedure only for some matters and such matters would be dealt with according to the procedure laid down in said Special Law---Where. however, the Special Law is silent, the provisions of Criminal Procedure Code, 1898 shall apply. P L D 2003 493
Criminal Procedure Code (V of 1898)‑ Section 5. read with Suppression of Terrorists Activities (Special Courts) Act (XV of 1975), S. 4(1) & Explosive Substances Act (VI of 1908), Ss. 3 & 4‑Bail‑Jurisdiction‑Contention that only 'trial' of offences under Explosive Substances Act was barred by ordinary Courts and determination of bail matter was within jurisdiction of ordinary Courts‑Contention, held, not correct‑Held further, once a Special Court, constituted under Act XV, no other Court, cold deal with scheduled offences, including bail matter.‑[Bail‑Jurisdiction].
1977 P Cr. LJ 1113
Criminal Procedure Code (V of 1898) Sections. 5 and 497 read with Customs Act (IV of 1969), Ss. 161 (5) & 185-C Vii)-Provisions of S. 497, Cr. P. C.-Directly applicable in cases tried under Customs Act, for all intents and purposes-Contention that S. 161 of Customs Act having made special provisions for grant of bail to offenders charged for offences under Customs Act, application of S. 497. Cr. P. C. excluded -Contention, held, erroneous and powers vesting in Special Judge regulated by S. 497, Cr. P. C. 1979 P Cr. L J 977
Criminal Procedure Code (V of 1898)---Section. 5 (2) read with Customs Act (IV of 1969), Ss. 185-C & 156 (1) (8)-Trial for offence under a special law, procedure prescribed for-All offences under laws other than P. P. C.--Triable and otherwise to be dealt according to provisions of Cr. P. C. subject, however, to any specific provision, prescribing a different procedure or manner of dealing with such a case--Provision of Cr. P. C., held, made expressly applicable to proceedings initiated under Customs Act, excepting provisions inconsistent with Customs Act. 1981 P Cr. L J 594
Criminal Procedure Code (V of 1898), Sections.1(2), 5, 6 & 29‑‑Venue of trial‑‑‑No Court is mentioned in Surrender of Illicit Arms Act, 1991, for trial of offences under S.7(1) or S.12 thereof‑‑‑Such offences being punishable with imprisonment for life and with imprisonment which may extend to ten years, under S.7(1) and S.12 respectively are triable exclusively by Court of Session according to Second Schedule of Code of Criminal Procedure, 1898. 1992 M L D 1618
Criminal Procedure Code (V of 1898)‑‑‑Sections. 5 and 29‑‑‑Forum for trial of offences‑‑‑In case of the existence of concurrent jurisdiction proceedings should be ordered to be initiated before the lowest forum provided under the law and the principle of equality before law is to be followed irrespective of the status of the litigants. 1995 M L D 1615
Criminal Procedure Code (V of 1898)‑‑‑ Sections.1(2) and 5(2)‑‑‑Applicability to matters governed by any special or local law‑‑‑Joint reading of the provisions of Ss. 1(2) & 5(2), Cr. P. C. indicates that the Code of Criminal Procedure is not applicable to the matters governed by any special or local law unless expressly provided making it applicable to such special or local law wholly or to any extent. 2003 Y L R 1185
Criminal Procedure Code (V of 1898)---Sections. 5(1)(2)---Trial of offences under Special Laws---Scope---Criminal Procedure Code, 1898 though was meant primarily to regulate the investigation, inquiry and trial under the Pakistan Penal Code, 1860 (in terms of S. 5(1), Cr. P.C, but it stipulates an exception in terms of S.5(2), Cr.P.C.---Mandate of S. 5(2), Cr.P.C. is that persons who are proceeded against under special law shall be dealt with and their cases inquired into, investigated and tried .according to the procedure laid down in the said special law---Situation could arise where an enactment provides a special procedure only for some matters and such matters would be dealt with according to the procedure laid down in said Special Law---Where. however, the Special Law is silent, the provisions of Criminal Procedure Code, 1898 shall apply. P L D 2003 493
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