Previously asked interview questions and their answers compiled version

Sufyan Ali Ch. Advocate

1- What is meant by Wajtakkar?

Art 20 QSO Wajtakar is a witness who came across a way where he saw a person coming out of that place where the
incident had committed.
 2010 YLR 914 :
Evidence of wajtakker is weak and infirm evidence and assumes no importance without any ocular evidence.
2- Who is chance witness?
Chance witness is a witness who was there at the scene of occurrence by chance. Normally that person would not be
there in general routine
One who happens to be on place of occurrence by chance is called a chance witness...
Case Law
Chance witnesses can never be relied upon in a case involving capital punishment unless corroborated by independent,
impartial, non-partisan and trustworthy witness.
3- Which article deals with “Right of fair trial”? Rationale behind its enactment. When it was inserted in the
constitution?
Art 10A of constitution 1973 deals with right of fair trial, Inserted by 18th amendment, on 19 April 2010.
Sec 340& 342 353 to 365 CR P C deals with fair trial
4- Difference between acquittal and discharge…
Discharge is a kind of executive order
Acquittal is judicial order
Acquittal is final order
No appeal lies against discharge
Discharge is a temporary release while acquittal is permanent release.
Discharge is the prerogative of area magistrate or police officer while acquittal is prerogative of the trial as well as
appellate and revision court.
Discharge is an administrative order on the other hand acquittal is a judicial order.
Discharge can be challenged under sec 561-A Cr.p.c
No appeal and revision lies while appeal lies to the H.C under sec.417cr.p.c and 411-A Cr.p.c if accused is acquitted.
In discharge principle of functus officio is not attracted while in acquittal it is attracted.
Discharge is done during the course of investigation while acquittal is done after the commencement of trial.
5- Whether criminal review available?
General rule is that review is not competent in criminal law but under section 369 Cr.p.c it is allowed only for correction
of clerical mistake in judgment.
6- Under what provision a charge is framed?
Sec 220, n sec 221-240 deal with charge
7- What is meant by LOC?
The border between Azad Kashmir n mqboza Kashmir is termed as LOC by India n Working boundary by Pakistan
8- What is meant by working boundary?
The border between Azad Kashmir n mqboza Kashmir is termed as LOC by India n Working boundary by Pakistan

9- What is retracted confession? What is its evidential value?

In Retracted confession accused person steps back from his confession.
Accused does not admit in terms or in full his accusation even after confession
10- Argue bail under section 489-F or 302
Answer lies in two major parts
489-F
Cheque by whom issued.
Purpose.
Not- should be to fulfilment of an obligation or security to a loan
Business transaction
Case of a civil nature
Suit lies for rendition of accounts.
Dishonesty is not proved
The essential factors for offence under S-489 -F PPC is that the cheque must HV been issued dishonestly with
knowledge and intention that it would be dishonored on presentation and must have been issued for the return/re-
payment of loan or for the fulfillment of obligation ,mere issuance of cheque without dishonest intention and issuance of
cheque other than for the return/repayment of loan does not impose either civil liability or criminal liablity u/s 489-F PPC.
Example if one friend issues cheque another friend for encashment bcz the friend who issued cheque was busy in other
work ,hence he requested and he issued cheque in the name of his friend for encashment only , without any transaction
or agrrement between them ,hence such issuance of cheque does not amount to offence under S-489-F ppc nor it
imposes civil liability. Bcz cheque was not issued dishonestly and cheque was not issued in respect of any transaction.
Cheque was not issued for repayment of loan or fulfillment of obligation.
 Hence under the circumstances it is humbly prayed before your honour that this honourable court may be pleased to
grant bail to accused under the circumstances.
11- Difference between section 249-A and 265-K?
249-A is the power of magistrate to acquit the accused without conclusion of trial while 265-k is power of session judge
to acquit the accused without conclusion of trial.
To invoke the provision of section 249-A two grounds are required one is charge is groundless and second there is also
probability of being conviction on the other hand 265-k requires only one ground there is no probability of being
conviction
12- Define complaint?
Complaint is accusation of an offence against any person before a magistrate with the view of his taking action
13- Difference between section 34 and 149?
Preplanned and not preplanned..
active participation required in other hand no active participation required
A criminal act done in furtherance of common intention.
mens Reus
Act done by any person of unlawful assembly. Same object of person.actus Rea
14- What is meant by summary trial?
A procedure to try minor offences provided u/s 260 is summary trial
Summary trial Ss. 260 to 265 CrPc
Summary trials are conducted in case of minor offences; the offences whose punishment does not exceed a term of six
months may be tried summarily.
Authority competent
Magistrate of fist class
Bench of magistrates
15- What is article 190 of Constitution?
Article 190 C O P, 1973 all executive & judicial authorities throughout Pakistan shall act in aid of Supreme Court
16- What is article 187 of Constitution?
Supreme Court shall have power to issue such directions, orders or decrees as may be necessary for doing complete
justice in any case or matter pending before it, including an order for the purpose of securing the attendance of any
person or the discovery or production of any document.
17- What is protective bail?
Protective bail -which is granted when a person felt in danger of being arrested not by the court of competent jurisdiction
but by another court for e.g. a case is registered against a person in Rawalpindi and he is in Lahore he can move a
petition in LHC to grant him bail that bail would be protective interim bail.
18- What is anticipatory bail?
Anticipatory Bail is a kind of pre-arrest protective bail which is granted by High court u/s 561-A Crpc in certain
circumstances and for certain period, without touching the merits of the case, to provide protection to the accused
against imminent arrest and to enable the accused to approach the concerned /trial court for seeking bail from such
concerned/trial court.
19- Ground to refuse stay u/s 56 of Specific Relief Act 1887
to stay a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is
necessary to prevent a multiplicity of proceedings;
(b) to stay proceedings in a Court not subordinate to that from which the injunction is sought;
(c) to restraint persons from applying to any legislative body;
(d) to interfere with the public duties of any department of the Government, or with the sovereign acts of Foreign
Government;
(e) to stay proceedings in any criminal matter;
(f) to prevent the breach of a contract the performance of which would not be specifically enforced;
(g) to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;
(h) to prevent a continuing breach in which the applicant has acquiesced;
(i) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach
of trust;
(j) when the conduct of the applicant on his agents has been such as to disentitle him to the assistance of the Court;
(k) Where the applicant has no personal interest in the matter

20- What is Order XXXIX, Rule 1 and 2?

Order XXXIX rule 1 relates to cases where temporary injunction granted
Order xxxix rule 2 is the punishment of the violation of rule 1, I.e. 6 months of imprisonment
21- What is procedure of forfeiture of bond u/s 514?
Recording of grounds for forfeiture of bond
Issuance of show cause notice to surety to come forward to submit amount of surety or tell to the court reasons for not
submission
Recovery from attachment of moveable property of such surety or his estate if he is so dead
If the property is situated in local limits of court issuing order for attachment then by the order of such court
 If the property is not situated in local limits of court issuing order for attachment then by the order of such court
endorsed by district Officer Revenue within the local limits of whose jurisdiction such property is found
If such penalty is not paid and cannot be recovered by such attachment and sale, the person so bound shall be liable, by
order of the Court which issued the warrant, to imprisonment in the civil jail for a term which may extend to six months
The Court may, at its discretion, remit any portion of the penalty mentioned and enforce payment in part only.
Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the
bond
22- What are stages of criminal justice?
23- Which provision of constitution deals with protection of woman?
Articles 25(3) and 26(2) allow the state to make special provisions for the protection of women and children.
24- Estoppel applicable in criminal cases?
Estoppel is not applied to criminal cases as it is applied in civil cases,
25- Number of copies of F.I.R
4 copies of fir
Original is at police station
3rd to superintendent of police
one for complainant
4th to district magistrate through prosecution department
26- Destructions of Flood?
27- Reasons of Flood?
Global warming,
Poor policies for protection,
Less dams,
Poor system of weather prediction.
28- Origin and ending point of rivers in Pakistan?
 Every river stems from mountains and ends in ocean
29- Difference between withdrawal and stay of proceeding? Which are article deal with?
 Withdrawal means to quit the proceedings by the consent initiating authority
 Stay means to stop the ongoing proceeding by a competent court
 After withdrawal new proceedings are started and after stay same could be continued.
30- Difference between kidnapping and abduction
Kidnapping 360-361
 To convey any person without his consent out of the limis of Pakistan
 To take or entices away a minor up to 14 if male and 16 if female, from the lawful guardianship, without consent.
Abduction 362
 To compel or induce by any deceitful means, any person, to go from any place , is abduction
31- What is section 365-A P.P.C?
 Kidnapping or abduction for ransom extorting property or any valuable property on release of kidnapped or abducted
person.
32- What is meant by “Safe House”?
 A safe house is, in a generic sense, a secret place for sanctuary or suitable to hide persons from the law, hostile actors
or actions, or from retribution, threats or perceived danger
33- Whether confession before police is relevant?
 Its extra judicial confession, so not relevant, as ipsi dixit of the police is not binding upon the court. The substantive law
of confession is contained in articles 37 to 43 of QSO 1984.
 According to article 38 General rule is that a confession made before a police officer is inadmissible.
 But this rule has two exceptions one under article 39 a confession made by an accused in the custody of police is
admissible, if it is made in the immediate presence of the magistrate. And 2nd is under article 40 confession is
admissible that leads to the discovery like instruments of crime
34- What sections of PPC deal with modesty of a woman?
 Section 509 of P.P.C insulting modesty or sexual harassment to a woman boilable. Up to 3 years punishment, 5 lac
fine.
35- Difference between section 460 and 302 of PPC
 460- deals with constructive liability where more than one person commit house breaking by night or lurking house
trespass and any one of them commit or attempt to commit murder or hurt all persons shall be liable for life
imprisonment or up to ten years and shall also be liable to punishment for offence committed.
 302. Whoever commits murder as defined in 300 P.P.C
 Would be published as qisas
 With death or imprisonment for life as tazir
 10-25 years of imprisonment if qisas not liable

36- What is Lurking House Trespass? When it start?

 443 P.P.C Lurking house-trespass. Whoever commits house-trespass having taken precautions to conceal such house-
trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is
 the subject of the trespass, is said to commit ―lurking house-trespass. It starts by introduction of any part of the
criminal trespasser’s body is entering.

37- Procedure for quashment of F.I.R

 Quashment of FIR is the power of HC under section 561-A Cr.P.C and Art 199 constitution of Pakistan. FIR is quashed
when there is a prima facie case that there is no such occurrence has taken place. High court can quash F.I.R in its writ
jurisdiction. A petition needs to be filed in the High Court stating the grounds under which the FIR is sought to be
quashed. ..
38- Procedure of Cancellation of F.I.R
 Ss.169, 170 & 173---cancellation of F.I.R---
 Powers of Investigating Officer and Magistrate-
 Investigating Officer can dispose of F.I.R. as
 Cancelled if he finds the same false, founded
 On mistake of law or a dispute of civil nature or
 Untraceable, after taking all necessary steps to
 The best of his endeavor and ability, but order
 Of cancellation of F.I.R. must be obtained
 From a Magistrate competent to take
 Cognizance of the offence and to try the case,
 Or to send the matter for trial to higher Court.
39- Difference between inquiry and investigation
 u/s 4(1)(K)cr.pc 'Inquiry' includes every inquiry other than a trial conducted under this Code by a Magistrate or Court;
u/s 4(1)(L)cr.pc 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;
 Commencement: inquiry commences when complaint is filed to magistrate while investigation commences when FIR is
lodged or complaint is made to magistrate.
 Authority inquiry can be conducted by magistrate or the court, while investigation is always conducted by a police
officer or any person authorized by a magistrate.
 Purpose: Purpose of inquiry is to ascertain the truth or falsity of facts of the case, while investigation’s purpose is the
collection of evidence regarding the guilt of the accused.
40- Difference between 340 and 342
 340 Right to have pleader
If no pleader the accused give defensive statement on oath
Which is cross examined
No incriminating questions about any other offence accept the one under which he is being tried.
 342 Discretion of the court
Court can ask any question at any stage, normally after recording prosecution Evidence, like, why he is being involved
in the case. Why the evidence is against him? Whether he committed the offence etc
No oath is required no cross examination.
Court only draw its inference by the answers given under 342.

46- Whether Capital punishment should be awarded?

 Yes - our law and even constitution is based upon the Islamic law and in Islam , murder of a person is the assassination
of the humanity, so capital punishment should be awarded to discourage evils
47- What is unlawful assembly?
141PPC unlawful assembly. An assembly of five or more persons is designated an ―unlawful assembly,‖ if the
common object of the persons comprising that assembly is
 First: To overawe by criminal force, or show of criminal force, the Central or any Provincial Government or Legislature,
or any public servant in the exercise of the lawful power of such public servant;
 Second: To resist the execution of any law, or of any legal process; or
 Third: To commit any mischief or criminal trespass, or other offence; or
 Fourth: By means of criminal force, or show of criminal force, to any person to take or obtain possession of any
property, or to deprive any person of the enjoyment of a right of a way, or of the use of water or other incorporeal right
of which he is in possession or enjoyment, or to enforce any right or supposed right; or
 Fifth: By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to
do, or to omit to do what he is legally entitled to do. Explanation: An assembly which was not unlawful when it
assembled may subsequently become an unlawful assembly.
48- What is evidence in absentia?
 Evidence in absence of accused: 512. Record of evidence in absence of accused.
 (1) If it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him the
Court competent to try in his absence, examine the witnesses produced on behalf of the prosecution, and record their
depositions. Any such deposition may, on the arrest of such person, be given in evidence against him on the inquiry
into, of trial for the offence with which he is charged, if the dependent is dead or incapable of giving evidence or his
attendance cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances
of the case, would be unreasonable.
  2) Record of evidence when offender unknown. If it appears that an offence punishable with death or 21 [imprisonment
for life] has been committed by some person unknown, the High Court may direct that any Magistrate of the first class
shall hold an inquiry and examine any witness who can give evidence concerning the offence. Any deposition so taken
may be given in evidence against any person who is subsequently accused of the offence, if the deponent is dead or
incapable of giving evidence or beyond the limits of Pakistan
49- What is bail in absentia?
 It is a BAIL granted to an absconder when he surrenders himself before the court by his attorney. On 8 May 2003 1st
BAIL of such type was granted to MNA Nasim ur Rehman by Supreme court of Pakistan. Where the petitioner applied
this BAIL through his attorney (NAB CASE indicted u/s 31 NAB ORD)
50- What is trial in absentia?
512 Cr.p.c trial can be conducted in the absence of the accused which is called trial in absentia and the evidence
recorded in such trial or any evidence which is recorded in the absence of the accused is called evidence in absentia.
51- What is dying declaration?
46(1) QSO
Last words about the cause of death of the dying person are called dying declarations. Which are relevant under provision
given above
52- What is section 174-A of crpc?
174A, crpc deals with the recording of dying declaration, when a person grievously hurt or injured or burned by oil or any other
means, comes to the hospital the medical officer is duty bound to inform the police and magistrate and Simultaneously he will
record the statement of the injured person. And if the person remains capable to give statement the magistrate will also record
that statement in his presence
53- Difference between section 406 and 420….Can an offender be charge with both at the same time?
406 is punishment of criminal breach ot trust means when any person disposes off the property entrusted to him under any
legal or contractual obligation and he violates such obligation and converts the property into his own use.
420 is to cause delivery of property by cheating.
Two different offences punished and charged separately.
54- What is public breach?
Any offence amounting to breach of public peace or tranquility is called pulic preach. Chapter 8 PPC deals with such offences.
55- What is procedure of magisterial trial?
Trial defined in section 241 to 250 A crpc os the trial by magistrate
Supplying of copies
framing of charge
Evidence from prosecution
Evidence from defense
Final arguments
Conviction or acquittal
61- What are fundamental rights?
The rights which are guaranteed by constitution of Pakistan 1973 are called fundamental rights. Articles 8 to 28 deal with them
62- Difference between 164 and 364 of Cr.P.C
164 cr.p.c.provides recoding of two types of statements one is confessional statement of accused and other is statement of
witness. The procedure how to examine accused during his confessional statement is provided under section 364.
63- What is meant by “Conjugal Right”?
Conjugal rights as that a husband or wife is entitled with his or her spouse in marriage- the right to be intimate with his or her
spouse
64- Bail without F.I.R is possible?
Bail without FIR is not possible. It’s mandatory registration of FIR under section 498-a for bail
65- What is “Refreshing Memory”?
Ordinary, a witness deposes to facts from his recollection but memory May dada and it is, therefore, very necessary he should
be allowed to assist his memory by looking at documents containing an account of those facts. This is known as "refreshing
memory"
66- Conviction without charge…under what circumstances?
Conviction without charge u/s 263 CrPc
67- What remedy and procedure against violent speeches against government?
Speech against Govt. Case registered u/s 16 of MPO 1960
68- Difference between article 184 and 199?
Art 184 constitutional petition , sou moto , & original jurisdiction of SC while 199 writ jurisdiction before HC
69- What is section 174-A?
174-A crpc deals with grievous injury by burns through fire,kerosene oil acid, chemical or by any other way
70- Tell about 154, 155 and 156 in sequence
 Cognizable FIR
 Non cognizable FIR
 Investigation in non-cognizable case
71- Under what provision of Q.S.O Serologist report may be exhibited?
Article 59 provides exhibition of serologist report
72- Under what provision of Q.S.O Case-property is exhibited?
73- What is procedure to exhibit case property?
In any criminal. Case the case-property is one which is connected with the commission of offence one-way or the other. The
weapons used in the offence, the empties of the fire-arms are case property. And whn these are deposited in mal-khana of
police-stataion,if some vehicle was used in the commission of offence and that was revovrd during investigation or the robbed-
money or the recover-narcotics are all case-properties.
during trial case proprty is produced in court and is got exhibited in the statmnt of the witnesses of the said-recvery.the motor-
bike,car,or weapons of ofnce and epmties shall be marked as exhibit P-1 and onwards and the recovry-memoes and the other
documents are got exhibit in the statement of the relevnt witnesses and marked as exihibit A,B,C,D onwards...
74- Gilgit Baltistan is a province? What is its status?
Political status of province
75- What is procedure for investigation in non-cognizable cases?
In non-cognizable cases police officer cannot investigate without the order of magistrate 1st or 2nd class having power to try
the offence. And upon receiving such order police officer may exercise same powers as he may exercise in cognizable case
76- What is section 59 of Cr.P.C?
Arrest by private persons and procedure on such arrest.
77- What fundamental rights cannot be suspended in emergency?
During emergency all constitution is suspended except article 4 related to fundamental rights
78- What is article 4 & 5 of Constitution?
Right of individuals to be dealt with in accordance with law, etc
Loyalty to State and obedience to Constitution and law
79- Why Sessions Judge cannot take direct cognizance?
Unless case sent to it by Magistrate under S. 190(2)
80- Define self-defense?
Sec 96 provides nothing is an offence which is done in exercise of right of private defence.
81- What are death cases under PPC….Total Death cases?
Death cases are four under PPC
82- What are kinds of estoppels?
There r many kinds of estopple but basically, estop by conduct, estop by deed, estop by record, estop by waiver, estop by
acquisance, promissory estop.
83- Difference between Hearsay evidence and circumstantial evidence?
Heresay evidence is not direct rather perceived by senses
84- What is case property?
Case property is such property which has been ised in.commission of an offence
85- When challan is submitted in court, which two documents are submitted extra?
86- What is section 155 of Cr.P.C?
Section 155 provides that when information reaches to the in charge of police station as to commission of non cogniziable
offence, he should make enteries in the book maintained for the purpose without any investigation refer the matter to the
magistrate for order
87- Difference between wrongful restrain and wrongful confinement?
Whoever voluntary obstruct any person from proceeding in any direction in which that person has right is said to wrong full
restrain to that persons339
Wrongful confinement that whoever wrongfully restrains any person in such a manner as to prevent that person from
proceeding beyond certain circumscribing line of wal S340
88- What is identification parade?
Qso A-22 identification of starnger offender who is not previously known to the witness
89- Define Ikrah-e-tam and ikrah-e-naqis
Ikrah e tam to putting any person spouse or any of his blood relation with prohibited degree marriage in fear of instant death or
permanent impairing any of organ of body or fear subjected to zina bil jabr
Ikrah e naqis a form of dui which doesn't amount to ikrah e tam
90- Which provision of Cr.P.C deal with Exhumation?
176(2) cr.p.c deals with qubar khushi
91- What is meant and procedure for “Saat(7) Ikawan (51)”?
7/51 is in real sense are 107&151 CrPC under section 151 a police officer can arrest without orders by court a person who
designs to commit an offence and produce him before magistrate under section 107 magistrate takes bonds foe keeping
peace and not to disturb public order or tranquility for 3 years... Police report in such cases is called qalandra and bind is
called muchalka naqs-e-aman.
92- What is meant by privilege communication?
privileged communication is the statements which are made by the persons to each other when they had a protected
relationship.such type of statemens are defined in Art 5,9,&,12 QSO
93- When an absconder may be said proclaimed offender and what procedure next?
87crpc when the warrants of a person are issued and he absconded or conceals himself so that the warrant cannot be
executed the court can issue the proclamation. Which shall not less than 30 days and shall be publicly read over and be
 affixed to some conspicuous place and copy thereof shall be affixed to the court also.after that the order for attachment of
property is made under section 88 crpc.
94- Which provision of Cr.P.C and PPC deal with Extra Territorial Jurisdiction?

95- What is limit for appeal in criminal cases?

 [Limitation Act, and Criminal Cases]
 According to Limitation Act:
 Article 150. Appeal from death sentence to High Court-7 days.
 Article 151. High Court order on original side-appeal-20 days.
 Article 154. Appeal to any Court other than High Court-30 days.
 Article 155. Criminal appeal to High Court-60 days.
 Article 157. Appeal from acquittal by State-6 days.
 To Supreme Court (special leave to appeal)-30 days.
96- Reasons for revision?
 Reason of revision.
 Where the decision is grossly erroneous.
 Where there is no compliance with the provision of law.
 Where the findings of fact affecting the decision is not based on the evidence.
 Where material evidence of the parties is not considered.
 Where the judicial discretion is exercised arbitrarily or perversely
97- What is section 133 of PPC?
Sec 133 ppc deals with Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office
133ppc the assault done by a sailor, soldier, airman, in army nevy or air force, to his senior officer in the execution of his office,
shall be published with imprisonment for 3 year and fine also.
98- If an offence is committed in journey, where the F.I.R shall be lodged?
Where it will come to know that an offence has been committed
99- Which provisions of PPC deal with Trade Mark?
Section 478 PPC deals with Trade Mark
100- What is mischief?
Sec 425_ causing wrongful loss to a person or public, causing destruction of any property which effects its value or usage, is
called mischief.
101- What is meant by Borstal Institution?
Borstal institution means a place where child offender may be detained and given education and training for their mental, moral and
psychological development.
102- Argue bail in Juvenile?
103- What is Dafa 144?
144 Power to issue order absolute at once in urgent cases of nuisance or apprehended danger.
104- What is section 196 Cr.P.C?
Section 196 of crpc is prosecution for offence against the State
105- What is meant by JID under Pakistan Protection Ordinance, when said law is enacted?
JID stands for joint investigation directorate comprising of 30 desks and director of intelligence and investigation as head
106- What is meant by mitigating circumstances?
Circumstances that may be considered by a court in determining culpability of offender. Mitigating circumstances do not justify or excuse
an offense but may reduce the severity of a charge.
MS means accuses is guilty of the offence but due to MS less severity of sentence should be awarded.
Instances of MS exceeding self-defense..
Excess committed by public servant in discharge of his duties..
Offence committed in consequences of sudden provocation..
107- What is section 491 Cr.P.C?
Power to issue directions of the nature of a Habeas Corpus. Any High Court may, whenever it
thinks fit, direct:
(a) that a person within the limits of its appellate criminal jurisdiction be brought up before the Court to be dealt with according to law:
(b) that a person illegally or improperly detained in public or private custody within such limits be set at
liberty;
(c) that a prisoner detained in any jail situate within such limits be brought before Court to be there
examined as a witness in any matter pending or to be inquired into in such Court;
(d) that a prisoner detained as aforesaid be brought before a Court-martial or any Commissioners for trial or to be examined touching any
matter pending before such Court-martial or Commissioners respectively.
(e) that a prisoner within such limits be removed from one custody to another for the purpose of trial; and
(f) that the body of defendant within such limits be brought in on the Sheriff's return of cepi corpus to a
writ of attachment.
(2) The High Court may, from time to time, frame rules to regulate the procedure in the cases under this
section.
2 more points i want to share from my notes in s.491 H.C can direct these power to session court/additional
Session judge shall be exercise by then within the territorial-limits of a sessions-division...
and 5000 security fees has to deposit before Session-judge, if person from that place that fees can be refund...
108- What is section 299 PPC?
299. Definitions:
In this Chapter, unless there is anything repugnant in the subject or context:
(a) "adult" means a person who has attained the age of eighteen years;
(b) "arsh" means the compensation specified in this Chapter to be paid to the victim or his heirs under this Chapter;
(c) "authorised medical officer" means a medical officer or a Medical board, howsoever designated, authorized by the Provincial
Government;
(d) "daman" means the compensation determined by the Court to be paid by the offender to the victim for causing hurt not liable to arsh;
(e) "diyat" means the compensation specified in Section 323 payable to the heirs of the victim;
(f) "Government" means the Provincial Government;
(g) "ikrah-e-tam" means putting any person, his spouse or any of his blood relations within the prohibited degree of marriage in fear of
instant death or instant, permanent impairing of any organ of the body or instant fear of being subjected to sodomy or ziha-bil-jabr;
(h) "ikrah-e-naqis" means any form of duress which does not amount to ikrah-i-tam;
(i) "minor" means a person who is not an adult;
112[(ii) "offence committed in the name or on the pretext of honour" means an offence committed in the name or on the pretext of karo
kari, siyah kari or similar other customs or practices;] 112
(j) "qatl" means causing death of a person;
(k) "qisas" means punishment by causing similar hurt at the same part of the body of the convict as he has caused to the victim or by
causing his death if he has committed qatl-iamd in exercise Of the right of the victim or a Wali;
(l) "ta'zir" means purushment other than qisas, diyat, arsh , or daman; and
(m) "wali" means a person entitled to claim qisas.
109- Column of Challan?
challan has 7 columns given bellow....
Column No 1 of the police report includes the name of informant or complainant.
Column No 2 of the challan or police report includes the names of people which are declared innocent by police. Similarly the names of
people which are absconders are also mentioned in this column. Similarly the accused which are not arrested and having warrants issued
on their names are also mentioned in this column.
Column No 3 has the names of people which are on bail in the certain case.
Column No 4 is for the people which are discharged by the court in any other manner..
Column No 5 of police report has the details of recovery which has been made in the instant case.
Column No 6 of the challan consists of the names of witnesses in the instant case.
Column No 7 of the police report has the detailed viewpoint of the police regarding the case. Usually it has the story similar to the one
written in the FIR by the Investigating officer.
110- Under which provision of Cr.P.C attendance may be dispense with?
540-A. Provision for inquiries an trial being held in the absence of accused in certain cases. (1) At any
stage of an inquiry or trial under this Code, where two or more accused are before the court, if the Judge or
Magistrate is satisfied for reason to be recorded, that any one or more of such accused is or incapable of
remaining before the Court, he may, if such accused is represented by a pleader, dispense with his
attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the
proceedings, direct the personal attendance of such accused.
(2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers
his personal attendance necessary, he may, if he thinks fit, and for reasons to be recorded by him either
adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.
111- Who will order for Identification parade?
IP is ordered by magistrate Ist class
112- What is article 6 of Constitution?
Article 6 relates to high treason
113- What is meant y Jiaifa and Ghyr Jaifa
Whoever causes jurh in which the injury extends to the body cavity of the trunk is said to cause jaifia.
Whoever causes jurh which does not amount to jaifia is said to cause ghyr-jaifia.
114- What is greenhouse effect?
Greenhouse is a natural process that warms the earth when sun energy passes through the glass in the rays of light
115. Where from did you pass your Law Graduation? It’s Faculty?
116.Who is "Sultani gwaah"?
When accomplice is granted tender of pardon under sec.337 cr.pc then he attains the status of approver or sultani ghawa
117.Difference between discharge and acquittal.....
118. Effect of with drawl of prosecution with reference to PCPSA 2006.....
At any stage of true before any trial court subordinate to H.C before the judgment is passed the prosecutor General or any prosecutor who
especially authorized by him, for reasons to be recorded in writing inform the court on behalf of government that prosecutor shall not
prosecute the acct upon the charge and proceedings 'll be stayed. This discharge doesn't amount acquittal.
119. Role of challan (Repost Under Sec. 173 Cr.PC) in criminal justice system....
173 sec cr.p.c is the culminating point of investigation of the case. It ordains that investigation shall be completed without unnecessary
delay and requires the sublimation if report by S.H.O to allaqa magistrate. Police report under section 173constitutes the charge sheet
120.Elaborate 249,249a, 265k Cr.PC...
The magistrate may in police case, stop the procedure at any stage and release the accused for reasons to be recorded him.this power of
discharge of accused at midway stage is restricted only to police cases instituted otherwise than in private complaint.
While 249-a is embodied the law that if after hearing the prosecutor and the accused, and for reasons to be recorded, the magistrate that
charge is groundless or there is no probability of being conviction there is nothing to prevent him from acquitting the accused at any stage
of the case.
While 265-k is the same power of session’s judge of acquittal when there is no probability of being conviction.
121. Define suit, pleading, valuable security....
Suit Any proceeding brought by one or more parties against another one or more parties in a court of law
Pleading is the beginning stage of a lawsuit in which parties formally submit their claims and defenses. The plaintiff submits a complaint
stating the cause of action
valuable security A document which is, or purports to be, a document whereby any legal right is created, extended, transferred,
restricted, extinguished or released, or whereby any person acknowledges that the lies under legal liability, or has not a certain legal right.
122. Where do the Offences under 1). Custom 2). Narcotics tried?
Special courts
123. What is Qusai act, expert opinion 510, bomb blast reports?
A skilled person having expertise in forensic
124. Have you appeared in High Court? Name of Learned Justice?
125. Under what provision Charge is amended?
Charge is framed under sec 227 of crpc...
126. Explain procedure of magisterial trail....!
Magisterial Trial is in sec 241-249A.
This sec is also interlink vd power of acquittal...
241) Supply of documents on the initiating of complain and police report
242) Framing of Charge
243) Collection of evidence from prosecution.
244) evidence collected for defense of accused
245) Power of acquittal and sentence (when charge is proved)
248) withdrawal of complaint
247) absence of complainant
249 ) proceedings
249 A cognizance of magistrate over a matter
Magisterial trial defined in section 241 to 250 A crpc os the trial by magistrate
Supplying of copies
Framing of charge
Evidence from prosecution
Evidence from defence
Final arguments
Conviction or acquittal
127ever read Double innocence in Sec 417 Cr.PC ?
Accused is considered as innocent until proven guilty.. Once an accused is acquitted and appeal against acquittal is field against him.
Now presumption of double innocence is attaches with him. .he was already innocent and was also declared innocent by a trial court...
128. Who is a Hostile witness? It’s evidentiary Value?
A hostile witness, otherwise known as an adverse witness or an unfavorable witness, is a witness at trial whose testimony on direct
examination is either openly antagonistic or appears to be contrary to the legal position of the party who called the witness. Art 150,151
129.Difference Between Concurrent and consecutive punishment....!
Consecutive goes one after the other.
Concurrent goes on the same time....
130.Sentence and conviction?
After a conviction in criminal (as opposed to civil) proceedings, sentencing is next. When sentenced, the convicted criminal is issued a
formal judgment that usually pronounces the punishment. The convict can appeal the sentence, but a sentence usually takes effect while
appeals occur.
131. Delay defeats justice, how can delay be curtailed?
 Strengthening the judicial system
 Increase in number of judicial officers
 Provisions of court room and allied facilities
 Restructuring the service condition of judicial officers
 Timely submission of challans
 Taking effective measures to ensure attendance of witnesses
 Liberalization the provision of bail
 Check and control of frequent adjournment
 Separation of the function of civil and criminal courts
 Strict supervision on court management
132. Difference between 154 & 161?
Under Sec 154 Fir can loge but sec 161 is the procedure after loging fir which deals vd the statements of witnesses...
Sec 154 interlink vd not only sec 161 but also vd 164. 340 and 342 of crpc...
133. difference b/w Estoppel and Res judicata ?
Estoppel prevents the person from denying the truth of his previous statement.
Whereas Resjudicata is rule of procedure which prevents the parties to file the same suit between same parties after final adjudication...
Its saves the wastage of time of court rule of evidence by which person is prevent from getn relief by law from adducing evidence .and it
also.
134. Grounds of Bail ?
Grounds of bail are different from case to case but some are.
Age
Gender
Health
Statute ground
Further inquiry and many others
135. Elaborate word the 'Qisas' ?
Qisas means simililarty and following the footsteps of the offender
135. Elaborate word the 'Qisas' ?
136. whether 382-B CrPC is mandatory or discretionary?
382..b is mandatory as word shall has been used..
137. What is meant by " FIR seal kar di gai hay" ?
Sealing of fir means fir has been registered but no one might take its copy.. sealing of Fir has no legal status ,it is against the law ...the
sealing of fir is a concept developed by police itself just to benefit politicians as fir is sealed to take an action in future as it was not easy
for police to take action against the accused
138. What is meant by "Judgment is reserved" ?
Judgment reserved means order had been announced and detailed decision wud b given after passing of a time..time might b months or
even years.
139. FIR kay column number 6 me " thana say rawangi ka waqat " say kia murad hay, ye kis ki rawangi ka
waqat hota hay?
Thana, say rawangi, means when police stepped toward place of occurrence
140...only magistrate has authority to cancel fir under section 173 (3) crpc read with rule 24.7 police rules 1934... no other authority has
the right even high court has no authority to cancel fir.
140. Whether any authority other than Magistrate can cancel FIR.
No
141: tell any important incident taken place in ur city?
142: can a Magistarate issue a Commission?
Magistrate cannot directly issue the commission unless permission is taken by session judge under section 506 CrPC
143: under what circumstances Qisas is not enforceable?
Qisyas is not enforeable is following cases .
01, Death of accuse
02, Compromise before execution
03, Waiver by Complainant before execution.
144: sec/107?
Section 107 Of CrPC is the Power of magistrate to take security in case of breach of peace .This section describes the preventive
jurisdiction of magistrate with the purpose of maintaining the peace in country.
145: power of police under sec/151?
Section 151 Describes the power of police officer to prevent the cognizable offences ....Chapter 13 of CrPC is most important in
examination point of view .
146: retracted confession?
Confession is said to be retracted when the accused says that I didn't commit the offence and confessional statement is given under some
pressure or something else.
After retraction the previous confession loses its evidentiary value so the conviction cannot be based upon it.
147: can an accused be convicted if he subsequently ratracted from his confession?
Retracted confession can be made basic of conviction if some some strong corroborativ evidence is also available beside retracted
confession
148: Agar ek student ishtiyaal ka baais bantaa hai to uske khilaaf kis daffa k teht kaarwaai amal amal laai
ja sakti hai?
153-A PPC
149: did u appear in any criminal case if yes of what nature was the case?
150: criminal conspiracy?
When two or more persons agree to do, or cause to be done
(i) an illegal act, or
(ii) an act which is not illegal by illegal means,
such an agreement is designated a criminal conspiracy; Section 120-A.
Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides
the agreement is done by one or more parties to such agreement in pursuance thereof.
151: abetment?
107. Abetment of a thing:
A person abets the doing of a thing, who:
First: Instigates any person to do that thing; or
Secondly: Engages with one or more other person or, persons in any conspiracy for the
doing of that thing, if an act or illegal omission takes place in pursuance of that
conspiracy, And in order to the doing of that thing; or
Thirdly: Intentionally aids, by any act or illegal omission, the doing of that thing.
Explanation 1: A person who, by wilful misrepresentation, or by wilful concealment of a
material fact which he is bound to disclose, voluntarily causes or procures, or attempts to
cause or procures a thing to be done, is said to instigate the doing of that thing.
Illustration
A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z. B,
knowing that fact and also that C is not Z, wilfully presents to A that C is Z, and thereby
intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C.
Explanation 2: Whoever, either prior to or at the time of commission of an act, does
anything in order to facilitate the commission of that act, and thereby facilitates the
commission thereof, is said to aid the doing of that act.
152: after pronouncing judgment can a Magistrate make any alteration or delay in pronouncing the
same? If no.. What action can u take against these activities of Magistrates? If u personally take any
step, what will u do to stop them?
153. Is there any written provision in the Cr.p.c or any other law which enable a court to issue non
bailable warrant after the noncompliance of bail able warrants?
Chapter VI part B of crpc. If the accused seem to be avoiding the summons, the court, in the second instance should issue bailable-
warrant. In the third instance, when the court is fully satisfied that the accused is avoiding the courts proceeding intentionally, the process
of issuance of the non-bailable warrant should be resorted to
154. Does an investigation have an authority to discharge an accused during investigation?
Section 63 crpc says that no person can be discharged without special order of magistrate.
155. Remedy against cancellation report and discharge report?
156.. When the challan is not completed with in time of 14 days, how much time an investigation office
be allowed to complete the challan, is there any limitation of time for such an extension?
157. when a person gives personal bond against the bailable warrents, what action will be taken against
his bonds if he does not appear on the date
158.under which law the additional judge counters the signature on experience certificate of district bar?
159. What is post arrest bail and under what law?
160. If a person to whom the bail has been granted, after concession of bail he commits the second
offence, whether he is protected under former bail or he has to seek separate one?
161. Husband without permission of wife contracts second marriage, is it an offence and under what
law?
it is an ofence u|s 6(5) of muslim family laws ordinance 1961.
162.minimum period for the completion of investigation?
14days for challan if not completed then before three days interim challan..
163. Stages of criminal trial?
Appearance of accused. Distribution of copies wdin 7dayd.framing of charge.summon to prosecution witns.prosecution evidence.statemnt
under section 342 crpc..defense evidence undr section 340 if accused want to produce.argumnts.decesion.
164. Difference of magisterial trial n session trial
Magistrate trail is in that cases which r 7years punishment and sessions trail is more than 7years
165.a man is acquitted by magistrate where would appeal lie. Time limit
To high court within 30 days
166. Magistrate sentences an accused of 5 years appeal would lie to? Prosecution act does what besides
making prosecution system?
High court
167. Difference b/w statement of sec 154 n 161 as to contents?
Statement given under 154 is the statement about the occurrence of some offence
While 161 statement is about the circumstances of the occurrence.
Police records 161 statements for collection of evidence.
168.if ur parents forces u to get admission in a col what will u do
My parents never forced me they are very kind they allow me to chose my way. But if such situations occurres I will try to make
understand my parents that what is right and what is wrong for me. And after that they will definitely not force me to do that ...
169.recently a leady badminton player has visited pk her name
Palwasha Bashir
170.m.iqbal is a painter do u know him?
Iqbal Hussain from Lahore is one of the finest painters we have. Most of his paintings depict women from the Heera Mandi (literally the
diamond market)- or the centuries old red-light district. I found the above image on the Internet today. The news-item referred to Iqbal’s
advocacy through his powerful art works:
171. Whether offence of marriage without permission from wife is bailable?
Bailable
172. What is doctrine of Res Gestae?
Res gestae (Latin "things done") is a term found in substantive and procedural American jurisprudence and English law. In American
substantive law, it refers to the start-to-end period of a felony.
In certain felony murder statutes, "res gestae" is a term defining the overall start-to-end sequence of the underlying felony. Generally, a
felony's res gestae is considered terminated when the suspect has achieved a position of relative safety from law enforcement.
173. Define Remand and its circumstances
Remand is the period in police custody , under 167 crpc police requests the magistrate to hand over the accused for more investigation
magistrate give them remand as much as he thinks fit but not more than 14 days... After the period of remand the accused is sent to jail
for judicial custody
174. What are different kinds of Qatl?
- Qatal.e.amd
Qatal.e.shabih.amd
Qatal.e.khata
Qatal.bis.sabab
Ikrah e taam
175. Who is accomplice?
Accomplice means a person associate in crime.
337 crpc allows the prosecution to give pardon to such person upon the condition that He will disclose the true account of the crime.
176.What is a “Kangaroo Court”?
Kangroo court is the most Important and Applaud tribunal in Continent Austrila and in Some Western Countries Which is not constitutional
body but preserves the moral decions on standard basis.
177.Who are Distant Kindred?
Distant Kindered is a third branch of Persons who takes the property under Personal law but not fall within sharers and resideries.
178. What are kinds of jurisdiction?
There are lot of types of jursidictions but most important are Territorial , Pecuniary , Advisory , Constitutional and Appellent jurisiction .
179. What are modes of execution of Decree?
Ordr 20 n 21 me ye sub hy.oxecution of different types of decree
Execution is process of carrying out the order of the court, given in decree.
modes of e.
there are 2 modes
send precept to the court within the jurisdiction of which the j.debtor is residing
transfer the whole decree to the court
like emoticon recover money through e.
if the mpney is to recover throgh e., there are 2 ways
attachment and sale of the property of j.d
arrest/detention of j.debtor,
or by the both modes at the same time
like emoticon If the decree to be executed through attachment/sale:
if the decree to be executed through attachmnt/sale of the proprety shall be attached by adopting the proderue ginen in c.p.c and after
attahmnt.j.d cannot sell the property.
:after attachment:
after atthmnt,prorty is to be put for sale and for that purpose procalmation shall be issued,copy of which shall aafix on the door of vourt
that the prorty to be sold specifynig the date and time of auction,and this period of auction shll not less thn 30 days from the order of the
court.
:after auction:
after auction,the report will be submitted in the court and if no objection is raised,thn the court may confirm the auction and thn sale-deed
shall be got executed by the court itself in favour of purchser.
if any objction raised,the court shall first decide the objection.if the objection is raised by the person claiming ownership in property ,thn
the court shall decide objction petition frst.
if the proprty is sold in e of decree of money and the sale-money is more thn the decreetal-money,the court shall pay the j.b after the
decree money.
like emoticon by arrest and detnetion :
if the decree is for money and no property is owned by the j.debotr thn he can be arrested and put in civil-prison but for areesting him
show-cause-notice shall be issued to him.
a judgment debtor cannot be detained in civil prison for exectution of decree for a period more than one year.
like emoticon If the decree is passed in suit for possession:
if the decree is passed in suit for possesesion,warrant for possesion shall be issued to revenue officer if it is an agriculture-land
and to the bailiff of court if the other proprty like house e.t.c
the revnue officer shall put the decree holder in possession and make entry in revnue-record intothe revnue-rcord,such asa attestaion
mutataion e.t.c
like emoticon if the dcree is passed in a suit for specific performane:
if the decree is pases in a suit for specifin perfomnce,the court shall first callupon the judgment debtor to execute the sale deed in favour
of decree holder and if he fails to do so the court may appoint an officer of the court to get the sale-deed exectued in favur of decree
holder,and also fix remuneration for officer.
like emoticon if the decree is passed in suit for simple decalartion:
if the decree is passes in a suit for simple declaration,thn the decree is normally not executeable but if with the declaration,mandatory-
injunction is claimed than the decree may be execueted.
for instance:
the court may direct the revnue authority to correct the entry in the revnue record in the name of the decree-holder instead of some other
person.
like emoticon conjugal rights:
if the dcree is for exection of conjugal rights than noramlly it is not executable but if the wife obliged the judgment debtor then she can
compelled by the attachmnt of her peoerty.
like emoticon partition:
if the decres is for partiton of the property,first a preliminary decree shall be passed ,than prepare the decree-sheet on the stamp paper at
the rate of 3% on the value of the share of the decree-holder.
after that court shall appoint local commission to visit the property and make a report that whether the property is divisable or not,if it it is
divisable,prepapre a plan for the division and if not divisable than assess the market value of the property .it shall be put to auction any
sharers can participtae in in auction with the permission of the court.if the report of the commison is maintained then the prorety shall be
divued according to the paln of cmmission.
if the auction/partition is not objected .than the court shall pass its final-decree.
no party can file appeal against the final-decree if the party had not filed appeal againt preliminary -decree..
180. What is procedure for grant of temporary injunction?
The procedure is as same for Permanent injunction Same drafting but seperate Paper as temporary injuction and submitted to court or
clerk of court which marking is and fix the date for argument and before fixing date issue status quo till the further order
181. When bail cannot be granted?
Cases in which punishment is above (1) 10 years (2) life imprisonment (3) death the bail cannot be granted in
this situation prohibitory clause) of section 497
182. Can a criminal trial may be dismissed in limine....
Trial is very difficult to dismiss in limni, in some cases magistrate can discharge the accused and decide the case. But a tria is not decided
in limni until the prosecution and accused fully given the opportunity to be heard.
183. Trial is initiated by whom???
Trial is initiated by prosecution upon the submission of report under section 173--
184. Effect of withdrawal from prosecution???
Effect of withdrawal is acquittal of the accused and termination of all proceedings of the case.
185. Can a local inspection be made in criminal proceedings like made in civil cases???
No such provision is available in CRPC a magistrate only can apoint an commission to record the evidence of a person who cannot come
to the court or a pardanashin lady....
186. What is the maximum limit of punishment under 13/20/65
187. Difference between section 100 491 and 552 crpc
100, power of magistrate to bring a person before him, who is illegally confined, with in his jurisdiction
491- power of HC and Session Court to issue the direction in the mature of habeas corpus.
552- a complaint made for the restoration of an abducted female child to a magistrate in his jurisdiction.
188. Attachment under 88 is made through in case of revenue by whom??
collector or any other authorized revenue officer .
189. What do mean by rebuttable presumptions?
Both in common law and in civil law, a rebuttable presumption (in Latin, praesumptio iuris tantum) is an assumption made by a court, one
that is taken to be true unless someone comes forward to contest it and prove otherwise. For example, a defendant in a criminal case is
presumed innocent until proved guilty.
190. How many copies of remand paper r prepared??
2 copies one for magistrate other goes to session judge.
191. What do mean by inquest?? rank of police officer who is competent to prepare inquest report??
Report is cause of death is called inquest and prepared by police officer not below the rank of SI.
Police inquest is held under section 174
Cr.P.C. It is conducted in all cases of
unnatural deaths by authorized police
officer. He visit to the crime scene after
informing executive magistrate of the
area. Then based on his investigations, he
prepares a report called panchanama,
SI is authorised to make that report
192. What is 16 MPO??
Section 16 of Maintenance of Public Ordinance 1960.
16. Dissemination of rumours, etc.– Whoever–
(a) makes any speech, or
(b) by words whether spoken or written or by signs or by visible or audible representations or otherwise publishes any statement, rumour
or report,
shall be punished with imprisonment which may extend to three years, or with fine, or with both if such speech, statement, rumour, or
report–
(i) causes or is likely to cause fear or alarm to the public or to any section of the public;
(ii) furthers or is likely to further any activity prejudicial to public safety or the maintenance of public order.
193. Remedy against the order of discharge of accused??
Complaint
194.what do u mean by irrebuttable presumptions ?
In English law, a conclusive presumption is a presumption of law that cannot be rebutted by evidence and must be taken to be the case
whatever the evidence to the contrary.
195.which section of crpc grants right of accused to defend by a pleader?
CrPC section 340 gives that right
196. Under which article of constitution the decisions of high court are binding to the extent of question
law on all the other courts subordinate to it ??
201 Any decision of a High Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law,
be binding on all courts subordinate to it.
197.under which article of constitution the decisions of supreme court shall be binding to the extent of
question law on all the other courts of pakistan ??
189
198.what is obiter dicta??
A judgment comprises 2 elements ratio decidendi & obiter dicta O D r remarks of a judge which r not necessary to reaching a decision but
r made as comments, illustrations......
199.which section of crpc is relavent to dying declaration??
u/s 174-A cr.p.c
200.is there any denovo trial.. if yes under what provision of crpc??
231 Crpc