Laws & Acts — Chapter 3

Code of Criminal Procedure 1898 (CrPC)

Why this chapter matters: if the PPC (LA-02) is the substantive law — what the offence is — the CrPC is the procedural law — how a criminal case moves from the first report to the final judgment. Every post-specific paper that tests law enforcement posts (police, ANF, NAB, PERA) tests this movement, and our banks prove it: 42 unique CrPC stems in 13 papers from 2011 to 2026 (Section 14), with a sharp 2025–26 cluster in the PERA Enforcement/Investigation Officer and Sub-Inspector papers. Learn the procedure as a single journey — report → investigation → cognizance → charge → trial → judgment → appeal — and every section number below falls into place on that journey.

Boundary (read first): this chapter teaches the Code of Criminal Procedure 1898 (Act V of 1898) as it stands in Pakistan. India replaced its 1898 Code with a new Code in 1973, and Indian section numbers circulate freely online — they do not transfer. The traps are real and repeated: India’s arrest-without-warrant section is 41, Pakistan’s is 54; India’s arrest-by-Magistrate section is 44, Pakistan’s is 64/65; India’s judgment section is 354, Pakistan’s judgment sections are 366–368 while Pakistan’s 354 is about recording evidence. Where the two Codes share a number (154 for the FIR, 161 for police statements, 164 for confessions), the chapter says so; where they differ, it flags the Indian number as a trap (Section 15).

Exam Trend box

• 🔁 Most Repeated: the CrPC as a topic — 42 unique stems across 13 papers (2011–2026), which passes the marking rule’s paper-count limb (≥5 papers) even though the question aggregate (42) is below the 100-question limb. No single section reaches 5 papers on its own, so no single section carries a 🔁 mark individually; the chapter-level mark is the topic’s.
• ⭐ Must Know: the same topic — still asked in 2025 and 2026 papers (PERA Investigation Officer 2025, PERA Enforcement Officer 2026, PERA EO/IO 2026, Sub-Inspector service quota 2025). A student aiming at a police or enforcement post cannot skip procedure.
• 🆕 Newly Appeared / Recent Trend (2025–26): the post-specific procedure cluster — 17 of the 42 stems come from the 2025–26 PERA and Sub-Inspector papers, which ask procedure as short scenario questions (summary trials, the investigation diary, Section 107/128/146 preventive powers, non-cognizable FIRs) rather than as bare section-number recall. That scenario style is the 2025–26 trend to practise, not just the section list.

1. The document at a glance

• Full name: the Code of Criminal Procedure, 1898 (Act V of 1898). Enacted 22 March 1898, in force 1 July 1898. Pakistan inherited the Code at independence in 1947 and has amended it since (notably the 2001 separation of the judiciary from the executive, which reshaped the Magistrate chapters).
• Kind of law: procedural law. It does not define offences (that is the PPC) and it does not govern proof (that is the Qanun-e-Shahadat Order 1984, LA-04). It governs courts, arrest, processes, investigation, trial, judgment, appeal and revision — the machinery between the offence and the punishment.
• The journey in one line: FIR or complaint (154/200) → investigation (156–173) → cognizance (190) → process (204) → charge (221) → trial (241/265-B) → judgment (366–368) → appeal/revision (404/435/439). Every section in this chapter sits on that line.
• How to use this chapter: learn Section 2’s stage table, then the bank-asked sections (marked bank-asked), then the traps in Section 15. The punishment figures in this chapter are procedural limits (24 hours, 15 days, bail conditions), not PPC punishments — do not mix the two Codes’ numbers.

2. Master table: the stages of a criminal case

3. Definitions (Section 4) — the words that decide questions

• Cognizable offence (Section 4(1)(f)) — an offence for which a police officer may arrest without warrant. Non-cognizable is the opposite: arrest only with a warrant, investigation only with a Magistrate’s order (see Section 8).
• Complaint (Section 4(1)(h)) — any allegation made orally or in writing to a Magistrate, with a view to his taking action, that some person has committed an offence — but not a police report. A complaint is how a private citizen starts a case without an FIR.
• Investigation (Section 4(1)(l)) — all proceedings under the Code for the collection of evidence, conducted by a police officer or by any person (other than a Magistrate) authorised by a Magistrate. Investigation is a police function; inquiry is a court function.
• Inquiry (Section 4(1)(k)) — every inquiry other than a trial conducted by a Magistrate or Court. Trial is the proceeding that ends in conviction or acquittal; everything before it that a court does is inquiry.
• Officer in charge of a police station (Section 4(1)(p)) — the officer in charge, or, when he is absent or unable to act, the police officer present at the station-house who is next in rank above a constable. This definition decides who may record an FIR (Section 8).

4. The courts (Sections 6–25)

• Section 6 — Classes of Criminal Courts. Besides the High Court and courts constituted under any other law, there are Courts of Session and Judicial Magistrates (First, Second and Third Class) and Executive Magistrates. After the 2001 separation, Judicial Magistrates try cases and Executive Magistrates keep the preventive and executive functions (Sections 107–144) — the bank’s Section 107 question keys the Magistrate Court for preventive action, and in current practice that is the Executive Magistrate’s preventive jurisdiction.
• Sections 31–32 — Sentences courts may pass. A High Court may pass any sentence authorised by law; a Sessions Judge may pass any sentence authorised by law except death without High Court confirmation (Section 374); Magistrates’ sentencing powers are graded by class (First Class Magistrates the highest, up to the limits the Code and the Second Schedule fix).
• Section 28–29 — Offences cognizable by each court. Offences under the PPC are tried per the Second Schedule; offences under other laws per their own provisions. Papers rarely ask these sections by number — learn the court hierarchy, not the schedule.

5. Arrest (Sections 46–67)

• Section 46 — Arrest how made. The police officer or other person making an arrest shall actually touch or confine the body of the person to be arrested, unless he submits to custody by word or action. Resistance may be met with all means necessary to effect the arrest.
• Section 54 — When police may arrest without warrant (bank-asked, Local Government 2020, twice). Any police officer may, without an order from a Magistrate and without a warrant, arrest, first, a person concerned in a cognizable offence, or against whom a reasonable complaint has been made, credible information received, or reasonable suspicion exists of his having been so concerned; and in the further listed cases (house-breaking implements, proclaimed offender, stolen property, obstructing a police officer, escaping custody, deserter, and the rest). 54 is the warrantless-arrest section — not India’s 41.
• Section 55 — Arrest of vagabonds, habitual robbers, etc. An officer in charge of a police station may arrest a person found taking precautions to conceal his presence, or who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself, or a habitual robber, house-breaker, thief or receiver of stolen property.
• Section 57 — Refusal to give name and residence. A person arrested who refuses to give his name and residence, or gives a name or residence which the officer has reason to believe is false, may be detained until his true name and residence are ascertained — but see the trap in Section 15: this is not the life-imprisonment fractions rule, which is PPC Section 57.
• Section 59 — Arrest by private persons. A private person may arrest a person who, in his view, commits a non-bailable and cognizable offence, or a proclaimed offender, and must without unnecessary delay hand him to a police officer or take him to the nearest police station.
• Section 60 — Person arrested to be taken before Magistrate or officer in charge. A police officer making an arrest without warrant shall, without unnecessary delay, take or send the arrested person before a Magistrate having jurisdiction or before the officer in charge of a police station.
• Section 61 — Persons arrested not to be detained more than twenty-four hours (bank-asked, Local Government 2020; PERA 2026, twice). No police officer shall detain in custody a person arrested without warrant for a period exceeding twenty-four hours (excluding journey time) without a Magistrate’s special order under Section 167. The bank asks it three ways — detention limit, production time, and (in the PERA EO/IO paper) the Article 10 + Section 61 pairing — and the answer is always 24 hours.
• Section 62 — Police to report apprehensions. Every officer in charge of a police station shall report to the District Magistrate (or Sub-Divisional Magistrate as directed) all persons arrested without warrant within his station’s limits.
• Section 63 — Discharge of person apprehended. No person arrested by a police officer shall be discharged except on his own bond, on bail, or under the special order of a Magistrate.
• Section 64 — Offence committed in Magistrate’s presence (bank-asked, Local Government 2020). When any offence is committed in the presence of a Magistrate within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and commit him to custody subject to the bail provisions. The bank’s question phrases this as “arrest by or in presence of Magistrate” and keys 64 — carry 64 for that exact phrasing (see Section 15 for 64 vs 65).
• Section 65 — Arrest by or in presence of Magistrate. Any Magistrate may at any time arrest, or direct the arrest in his presence, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant. 64 is the offence-in-his-presence case; 65 is the general Magistrate-arrest power.
• Section 66 — Power, on escape, to pursue and retake. A person in lawful custody who escapes or is rescued may be immediately pursued and arrested in any place in Pakistan.

6. Processes to compel appearance (Sections 68–93C)

• Section 68 — Form of summons. Every summons issued by a Court shall be in writing, in duplicate, signed and sealed by the presiding officer (or as the High Court directs).
• Section 75 — Form of warrant of arrest (bank-asked, ANF 2013). A warrant of arrest shall be in writing, signed by the presiding officer, and sealed; it shall bear the name of the person to be arrested and the offence charged, and it remains in force until executed or cancelled (bank-asked: “a warrant remains in force till? — execution”). A warrant must therefore be written, signed and stamped (bank-asked, ANF 2013).
• Section 87 — Proclamation for person absconding. If a Court has reason to believe a person against whom a warrant has been issued has absconded or is concealing himself so the warrant cannot be executed, it may publish a written proclamation requiring him to appear within not less than thirty days.
• Section 88 — Attachment of property of person absconding. After proclamation, the Court may order attachment of the absconder’s property. (Do not confuse this attachment with Section 146’s attachment of a disputed subject — Section 15.)

7. Prevention: security, assemblies and urgent orders (Sections 106–147)

• Section 106 — Security for keeping the peace on conviction (bank-asked, PERA Investigation Officer 2025). When a Court convicts a person of an offence involving a breach of the peace (or the listed offences), it may, at the time of passing sentence, order him to execute a bond, with or without sureties, for keeping the peace for up to three years.
• Section 107 — Security for keeping the peace in other cases (bank-asked, Sub-Inspector 2025). When an Executive Magistrate receives information that a person is likely to commit a breach of the peace or disturb public tranquillity, he may require that person to show cause why he should not be ordered to execute a bond for keeping the peace for up to one year. The bank asks which court tries preventive-action cases and answers Magistrate Court — the preventive jurisdiction, not the trial jurisdiction.
• Section 108 — Security for good behaviour from persons disseminating seditious matter. A person who disseminates seditious matter, or matter punishable under the PPC’s religion or related provisions, may be required to execute a bond for good behaviour.
• Section 109 — Security for good behaviour from vagrants and suspected persons. The same bond procedure for a person taking precautions to conceal his presence, or with no ostensible means of subsistence, or who cannot give a satisfactory account of himself.
• Section 110 — Security for good behaviour from habitual offenders (bank-asked, ANF 2011, read with 123). A habitual robber, house-breaker, thief, forger, receiver of stolen property, or person habitually committing the listed offences may be required to execute a bond for good behaviour for up to three years.
• Section 123 — Imprisonment in default of security (bank-asked, ANF 2011). If a person ordered to give security under Sections 106–110 fails to do so, the Court may commit him to prison — the bank asks for the section “read with Section 110” and answers 123. Learn 110 (the bond) and 123 (the default imprisonment) as a pair.
• Section 127 — Assembly to disperse on command (bank-asked, NAB 2012). Any Magistrate or officer in charge of a police station may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance, to disperse; it is the duty of the members to disperse on command. The bank asks on whose order the assembly must discharge and answers both the Magistrate and the police officer.
• Section 128 — Use of civil force to disperse (bank-asked, Sub-Inspector 2025). If an assembly does not disperse on command, the Magistrate or police officer may proceed to disperse it by force — the bank’s highway-blockade scenario answers 128.
• Section 129 — Use of military force. If civil force cannot disperse the assembly, the Magistrate (or, in his absence, the officer in charge) may call in the armed forces.
• Section 144 — Temporary order in urgent cases. An Executive Magistrate may, in urgent cases of nuisance or apprehended danger, direct a person to abstain from an act or take an order with respect to certain property — the familiar “Section 144” order, in force for up to two months (extendable by the Provincial Government).
• Section 145 — Dispute concerning land or water. Where a dispute concerning land, water or their boundaries is likely to cause a breach of the peace, the Executive Magistrate may require the parties to attend and state their claims, and decide who is in possession.
• Section 146 — Attachment of subject of dispute (bank-asked, Sub-Inspector 2025). If the Magistrate cannot decide who is in possession, or considers the case one of emergency, he may attach the subject of dispute until a competent Court decides the rights of the parties. The bank’s rival-groups land scenario answers 146 — CrPC 146, not PPC 146 (rioting), see Section 15.

8. Information to the police and investigation (Sections 154–176)

• Section 154 — Information in cognizable cases: the FIR (bank-asked, PERA Investigation Officer 2025; PERA Enforcement Officer 2026). Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, read over to the informant, and signed by the informant; the substance shall be entered in a book (the FIR register). The bank asks under which section an FIR is lodged in Pakistan and where an FIR is registered — 154, at a police station. The FIR is the foundation of the investigation, not a proof of the offence.
• Section 155 — Information in non-cognizable cases (bank-asked, Sub-Inspector 2025). When information is given of a non-cognizable offence, the officer in charge shall enter it in the station book and refer the informant to the Magistrate; no police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try it. The bank’s scenario answers exactly this: for a non-cognizable offence, the officer must seek prior approval from a Magistrate before registering the FIR — and, strictly, he records it under 155 and investigates only on the Magistrate’s order.
• Section 156 — Investigation into cognizable cases. Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case within his station’s limits. A Magistrate empowered under Section 190 may also order such an investigation.
• Section 157 — Procedure where cognizable offence suspected. If, from information received or otherwise, an officer in charge has reason to suspect a cognizable offence, he shall forthwith send a report to a Magistrate empowered to take cognizance and proceed to investigate (or depute a subordinate officer), unless the case is of a kind where local investigation is dispensed with or there is no sufficient ground.
• Section 160 — Police officer’s power to require attendance of witnesses. An investigating officer may, by written order, require the attendance of any person within the local limits of his own or an adjoining station who appears to be acquainted with the facts of the case.
• Section 161 — Examination of witnesses by police (bank-asked, Sub-Inspector 2025). The investigating officer may examine orally any person supposed to be acquainted with the facts. The person is bound to answer truly, except that he is not bound to answer a question the answer to which would have a tendency to expose him to a criminal charge, penalty or forfeiture (the bank’s self-incrimination exception). A statement under 161 is not signed by the witness (Section 162) and is not substantive evidence — it is used to contradict, not to prove.
• Section 162 — Statements to police not to be signed; use of such statements. No statement made to a police officer during investigation shall be signed by its maker, and it shall not be used for any purpose at any inquiry or trial except to contradict the witness in the manner the Qanun-e-Shahadat allows.
• Section 163 — No inducement to be offered. No police officer or person in authority shall offer or make any inducement, threat or promise to a person charged with an offence to induce him to make a disclosure.
• Section 164 — Power to record statements and confessions (bank-asked, Sub-Inspector 2025). Any Magistrate (Judicial Magistrate, and in the circumstances the Code fixes, any Magistrate) may record any statement or confession made to him during investigation or afterwards before commencement of inquiry or trial. The Magistrate must first explain to the accused that he is not bound to make a confession, that it may be used as evidence against him, and that no police officer can compel him — and must be satisfied the confession is voluntary. 161 is the police statement; 164 is the Magistrate’s confession — the pair the Sub-Inspector paper tests.
• Section 165 — Search by police officer. An investigating officer who has reasonable grounds for believing that anything necessary for his investigation cannot otherwise be obtained may search, or cause search to be made, for such thing in any place within his station’s limits, recording his reasons in writing.
• Section 167 — Procedure when investigation cannot be completed in twenty-four hours (bank-asked, NAB 2012). When the accused is forwarded to a Magistrate and the investigation cannot be completed within the 24 hours fixed by Section 61, the Magistrate may from time to time authorise detention in such custody as he thinks fit, for a term not exceeding fifteen days in the whole. The bank asks the police-custody period under 167 and answers 15 days — 24 hours (61) is the police limit, 15 days (167) is the Magistrate’s remand limit.
• Section 169 — Release of accused when evidence deficient. If, on investigation, it appears the evidence is deficient, the officer in charge shall release the accused on his executing a bond to appear before a Magistrate if required.
• Section 170 — Case to be sent to Magistrate when evidence sufficient. If the evidence is sufficient, the officer shall send the accused (or take steps for his appearance) to the Magistrate empowered to take cognizance, along with the case record.
• Section 172 — Diary of proceedings in investigation (bank-asked, PERA Investigation Officer 2025). Every police officer making an investigation shall day by day enter his proceedings in a diary — the case diary — setting forth the time of information, the time of beginning and closing the investigation, the places visited, and a statement of the circumstances ascertained. The bank asks what the diary must include and answers a summary of the investigation, key actions taken, and progress made.
• Section 173 — Report of police officer (the challan). Every investigation shall be completed without unnecessary delay, and as soon as it is completed the officer in charge shall forward to a Magistrate empowered to take cognizance a report in the prescribed form — the final report / challan — stating the names of parties, the nature of the information, the names of persons acquainted with the circumstances, whether the accused has been arrested, whether he has been released on bond, and whether he has been forwarded in custody.
• Section 174 — Police to inquire and report on suicide, etc. When an officer in charge receives information that a person has committed suicide, or has been killed by another, by an animal, by machinery, or by accident, or has died under circumstances raising a reasonable suspicion of an offence, he shall inform the nearest Magistrate and proceed to the place to investigate the cause of death. (The bank’s PERA item — a medical officer’s report where an injured person dies in police custody being treated as evidence of statement before the Magistrate — sits in this inquest family; the chapter carries it as a bank item in Section 14, not as a numbered section claim.)
• Section 176 — Inquiry by Magistrate into cause of death. A Magistrate empowered to hold inquests may inquire into the cause of death in the cases the Code lists, including deaths in police custody — the Magistrate’s inquest, distinct from the police inquiry under 174.

9. Cognizance and commencement (Sections 190–204)

• Section 190 — Cognizance of offences by Magistrates (bank-asked, NAB 2012). A Magistrate of the First Class (and a Second Class Magistrate specially empowered) may take cognizance of any offence: (a) upon receiving a complaint of facts constituting an offence; (b) upon a police report of such facts; (c) upon information received from any person other than a police officer, or upon his own knowledge or suspicion, that such offence has been committed. The bank asks what Section 190 deals with and answers private complaint to the Magistrate — the (a) limb, the complaint route.
• Complaint vs FIR, fixed: an FIR (154) is information to the police in a cognizable case and leads to investigation; a complaint (200) is an allegation to the Magistrate and leads to the Magistrate’s own examination. The bank’s ANF item asks what “any intimation to the court” is called and answers complaint.
• Section 200 — Examination of complainant. A Magistrate taking cognizance on a complaint shall at once examine the complainant and witnesses present, if any, upon oath, and record the substance in writing, signed by the complainant and witnesses and by the Magistrate.
• Section 202 — Postponement of issue of process. The Magistrate may, if he thinks fit, postpone the issue of process and either inquire into the case himself or direct an investigation by a police officer or other person, to decide whether there is sufficient ground for proceeding.
• Section 203 — Dismissal of complaint. If, after considering the complainant’s statement, the inquiry or investigation result, the Magistrate is of opinion there is no sufficient ground for proceeding, he shall dismiss the complaint, recording his reasons briefly.
• Section 204 — Issue of process. If the Magistrate is of opinion there is sufficient ground for proceeding, he shall issue a summons (or, in a warrant-case, a warrant, or a summons if he thinks fit) for the attendance of the accused. Chapter XVII (Sections 190–204) is “Of the Commencement of Proceedings Before Court” — see the correction in Section 15.

10. The charge (Chapter XIX, Sections 221–240)

• Section 221 — Charge to state offence. Every charge shall state the offence with which the accused is charged; if the law gives the offence a specific name, that name suffices, otherwise the definition must be stated so as to give the accused notice of the matter charged.
• Section 222–224 — Particulars. The charge shall contain particulars as to time, place and person (222), and, where the manner of committing the offence must be stated, that manner (223); words in the charge are taken in the sense of the law under which the offence is punishable (224).
• Section 227 — Court may alter charge. Any Court may alter or add to any charge at any time before judgment is pronounced.
• Section 233–240 — Joinder of charges. Separate charges for distinct offences (233); three offences of the same kind within a year may be charged together (234); trial for more than one offence and the related joinder rules (235–240). The charge is framed by the court (bank-asked, ANF 2013) — not by the police, whose report under 173 only proposes the case.

11. Trial, evidence and judgment (Sections 241–373)

• Section 241 — Procedure in trial of cases (Magistrate trials). The Magistrate follows the Chapter XX procedure: charge framed, plea, evidence, examination of the accused, judgment.
• Section 242 — Charge to be framed. In a warrant-case, when the accused appears or is brought before the Magistrate, the Magistrate shall frame a charge if, on the police report and documents, he is of opinion there is ground for presuming the accused has committed the offence.
• Section 249-A — Power of Magistrate to acquit accused at any stage (bank-asked, NAB 2012, twice). Nothing in the chapter prevents a Magistrate from acquitting the accused at any stage of the case if, after hearing the prosecutor and the accused and for reasons to be recorded, he considers that the charge is groundless or that there is no probability of the accused being convicted. The bank asks it twice — who holds the power (the Magistrate) and when it may be exercised (after hearing both sides, at any stage).
• Section 260 — Power to try summarily (bank-asked, PERA 2026, twice). A Magistrate of the First Class specially empowered (and other Magistrates as the Code fixes) may try summarily the listed minor offences — offences not punishable with death, life imprisonment or imprisonment exceeding the summary limit, theft and related property offences within value limits, and the other listed offences. The bank asks what a summary trial is for and its purpose — minor offences, to proceed cases speedily.
• Section 265-K — Power of Court to acquit accused at any stage (Sessions trials). The Sessions counterpart of 249-A: the Court may acquit at any stage if, after hearing both sides and for reasons recorded, the charge is groundless or there is no probability of conviction. 249-A is the Magistrate’s acquittal; 265-K is the Sessions Court’s.
• Section 342 — Power to examine the accused. The Court may at any stage, and shall after the prosecution evidence and before the accused is called on his defence, question the accused generally on the case, to enable him to explain any circumstances appearing in the evidence against him. No oath is administered, and the accused is not bound to answer — but the Court may draw an inference from his refusal or false answers.
• Section 353 — Evidence to be taken in presence of accused. All evidence in an inquiry or trial shall be taken in the presence of the accused (or his pleader, where his personal attendance is dispensed with).
• Section 354 — Manner of recording evidence (bank-asked, NAB 2012). The evidence of each witness shall be taken down in writing by the Magistrate or Judge, or in his presence and hearing and under his personal direction and superintendence, in narrative form (not question-and-answer, unless the Court directs otherwise).
• Section 357 — Language of record of evidence (bank-asked, NAB 2012). The record shall be in the language of the Court, or in English if the Court so directs, subject to the Code’s memorandum and translation provisions.
• Section 364 — Examination how recorded. The examination of the accused under Section 342 (and statements under 164) shall be recorded in the manner the Code prescribes, read over to the accused, and signed by him and by the Magistrate or Judge.
• Section 366 — Mode of delivering judgment. The judgment in every trial shall be pronounced in open Court by the presiding officer (or, where the presiding officer is not available, as the Code directs), immediately after the termination of the trial or at a later time of which notice is given.
• Section 367 — Language and contents of judgment. Every judgment shall be written in the language of the Court, contain the point or points for determination, the decision and the reasons, specify the offence and the law under which the accused is convicted and the punishment, and, if acquittal, state the offence acquitted of and direct release. (This is the Pakistan 1898 judgment section — not India’s 354; see Section 15.)
• Section 368 — Sentence of death (bank-asked, NAB 2012). When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.
• Section 371 — Copy of judgment to be given to accused. In every case where the accused is convicted, a copy of the judgment shall be given to him at the time of pronouncing it (or a translation in his own language, if practicable), free of cost — except in summary trials and non-PPC convictions, where the Code’s proviso applies.
• Section 374 — Sentence of death to be submitted by Court of Session. When a Court of Session passes a sentence of death, the proceedings shall be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court.

12. Bail, appeal, revision and transfer

• Section 496 — Bail in bailable offences. When a person accused of a bailable offence is arrested or detained without warrant, or appears or is brought before a Court, and is prepared to give bail, he shall be released on bail — bailable bail is a right, not a discretion.
• Section 497 — Bail in non-bailable offences (bank-asked, NAB 2012, first proviso). In a non-bailable offence, the Court may release on bail if it appears there are not reasonable grounds for believing the accused guilty, or for other sufficient reasons — and under the first proviso, the Court may release on bail a person under the age of sixteen years, or a woman, or a sick or infirm person, even where the offence is non-bailable. The bank asks the proviso’s age limb and answers 16 years.
• Section 498 — Power to direct admission to bail (pre-arrest bail). The High Court or Court of Session may direct that a person be released on bail in the event of his arrest — the pre-arrest (protective) bail jurisdiction. The bank’s bail-bond item (a bail bond accompanied by an affidavit) belongs to this pre-arrest practice.
• Section 403 — Person once convicted or acquitted not to be tried for same offence. The double-jeopardy bar: a person tried by a competent Court and convicted or acquitted shall not, while the conviction or acquittal remains in force, be liable to be tried again for the same offence on the same facts.
• Section 426 — Suspension of sentence pending appeal; release on bail. An Appellate Court may suspend execution of a sentence and release the appellant on bail pending the appeal.
• Section 435 — Power to call for records of inferior Courts. The High Court, Sessions Judge or District Magistrate may call for and examine the record of any proceeding before an inferior Court to satisfy itself as to correctness, legality or propriety.
• Section 439 — High Court’s powers of revision. The High Court may, in its discretion, exercise any of the powers of an Appellate Court in revision, including enhancing a sentence — subject to the Code’s limits (no revision against an acquittal order at the instance of a private party in the manner the section restricts).
• Section 526 — High Court may transfer case or itself try it (bank-asked, Local Government 2020). The High Court may, on application or on its own motion, order that a case be transferred from one Court to another, or that it be tried by itself. The bank asks the section and answers 526.
• Section 561-A — Saving of inherent power of High Court. Nothing in the Code shall be deemed to limit or affect the inherent power of the High Court to make such orders as may be necessary to give effect to any order under the Code, or to prevent abuse of the process of any Court, or otherwise to secure the ends of justice.

13. Rapid-fire one-liners

• CrPC = Act V of 1898 · enacted 22 March 1898 · in force 1 July 1898 · procedural law; PPC = substantive law; Qanun-e-Shahadat = evidence law.
• Section 4 — cognizable = arrest without warrant · complaint = allegation to a Magistrate (not a police report) · investigation = police collection of evidence · inquiry = court’s non-trial proceeding.
• Section 54 — police may arrest without warrant (cognizable offence first) · Section 61 — detention without a Magistrate’s order: 24 hours · Section 167 — Magistrate’s remand: 15 days in the whole.
• Section 64 — offence in a Magistrate’s presence: he may himself arrest · Section 65 — arrest by or in presence of a Magistrate generally.
• Section 75 — warrant: written, signed, sealed; in force till execution or cancellation · Section 87 — proclamation (30 days minimum) · Section 88 — attachment of absconder’s property.
• Section 106 — security on conviction (up to 3 years) · Section 107 — security in other cases (up to 1 year, Executive Magistrate) · Section 110 — habitual offenders · Section 123 — imprisonment in default of security.
• Section 127 — disperse on command · Section 128 — civil force · Section 129 — military force · Section 144 — urgent temporary order · Section 146 — attachment of disputed subject.
• Section 154 — FIR (cognizable, at a police station, written, read over, signed) · Section 155 — non-cognizable: record and refer, investigate only on a Magistrate’s order.
• Section 161 — police examination of witnesses (bound to answer truly, except self-incriminating answers; not signed) · Section 164 — Magistrate records statements and confessions (voluntariness explained first).
• Section 167 — remand 15 days · Section 172 — case diary day by day · Section 173 — police report (challan) · Section 190 — cognizance (complaint / police report / own knowledge).
• Section 200 — examination of complainant · Section 204 — issue of process · Chapter XVII — commencement of proceedings · Chapter XIX — the charge (221).
• Section 249-A — Magistrate may acquit at any stage (charge groundless) · Section 265-K — Sessions Court’s counterpart · Section 260 — summary trial: minor offences, speedy disposal.
• Section 342 — examination of the accused · Section 354 — manner of recording evidence · Section 357 — language of record · Section 367 — language and contents of judgment · Section 368 — death sentence: hanged by the neck till dead.
• Section 496 — bailable: release as of right · Section 497 — non-bailable + first proviso: under 16, woman, sick/infirm may be bailed · Section 498 — pre-arrest bail.
• Section 526 — High Court may transfer or itself try · Section 561-A — High Court’s inherent power saved.

14. Most-asked facts (from our verified past-paper banks)

Counting method (script hidden_files/goldmine-notes-count-la03.py, counts saved in hidden_files/goldmine-notes-la03-counts.json): every bank file was scanned — 567 files, 55,661 questions (FPSC site bank, PPSC site files, gk360 archive, CSS/monster conversions, gk360 monthly CA bank; overlaps between banks included, as in the audit). A question counted for this chapter if its question text or topic named the Criminal Procedure Code / CrPC (including the spaced form “Cr. P.C.”) or its topic was “Criminal Procedure”: 45 rows, 42 unique stems (the Local Government 2020 paper sits in both the archive and the gk360 file, so its section stems count twice as rows). The 13 papers behind the stems: Local Government 2020, FIA Assistant Director 2013, NAB Deputy Director / Assistant Director / Investigation Officer / Junior Investigation Officer / Assistant 2012 (five NAB papers), ANF Assistant Director 2013, ANF Inspector 2011, PERA Enforcement Officer 2026, PERA EO/IO 2026, PERA Investigation Officer 2025, Sub-Inspector service quota 2025.

• Section-number stems (the core practice set): arrest without warrant, Section 54 (Local Government 2020, twice); arrest by/in presence of Magistrate, Section 64 (Local Government 2020); High Court transfer, Section 526 (Local Government 2020); detention without a Magistrate’s order, 24 hours — Section 61 (Local Government 2020); cognizance, Section 190 — private complaint to the Magistrate (NAB 2012); acquittal at any stage, Section 249-A — the Magistrate (NAB 2012, twice, the second asking the “after hearing both sides” condition); security for keeping the peace on conviction, Section 106 (PERA IO 2025); FIR lodged, Section 154 (PERA IO 2025); confessions recorded, Section 164 (Sub-Inspector 2025); witness under 161 — must answer truly except self-incriminating answers (Sub-Inspector 2025); non-cognizable FIR — Magistrate’s prior approval (Sub-Inspector 2025); preventive action, Section 107 — Magistrate Court (Sub-Inspector 2025); dispersal by force, Section 128 (Sub-Inspector 2025); attachment of disputed subject, Section 146 (Sub-Inspector 2025); bail first proviso — under 16 years (NAB 2012); remand under 167 — 15 days (NAB 2012); evidence recording, Section 354 and language of record, Section 357 (NAB 2012); death sentence, Section 368 — hanged by the neck till dead (NAB 2012); imprisonment in default of security, Section 123 read with Section 110 (ANF 2011); life reckoned as 25 years for fractions — attributed in the bank to “Section 57 CrPC” (NAB 2012; see the correction in Section 15); sections 54, 55 and 109 grouped as the offenders-and-vagrants provisions (NAB 2012); assembly to discharge on order of Magistrate and police officer — Section 127 (NAB 2012); Chapter XVII — commencement of proceedings before Court (NAB 2012); “Cr. P.C.” expands to Criminal Procedure Code (FIA 2013).
• Procedure stems without a section number in the bank (taught in the chapter, counted in the 42): summary trial is for minor offences and its purpose is speedy disposal (PERA 2026, twice); accused produced before a Magistrate within 24 hours (PERA 2026, twice); FIR registered at a police station (PERA 2026); the investigation diary contains a summary of the investigation, key actions taken, and progress made (PERA IO 2025); the Magistrate’s copy of an order goes to the Deputy Commissioner (PERA EO 2026) and, after trial, proceedings are forwarded to the Session Judge (PERA EO/IO 2026); a medical officer’s report where an injured person dies in police custody is treated as evidence of statement before the Magistrate (PERA EO/IO 2026); a warrant remains in force till execution and must be written, signed and stamped (ANF 2013); “any intimation to the court” is a complaint; investigation is carried out by the officer in charge of the police station (or his authorised subordinate); in a cognizable case police can arrest without warrant; a charge is framed by the court (all ANF 2013).
• What the banks do not ask (yet): no bank question in the scan asks Sections 173 (challan), 221 (charge), 342 (accused’s examination), 367 (judgment contents), 496/498 (bailable/pre-arrest bail) or 561-A (inherent powers) by number. Those sections are taught here from the Code’s text because a CrPC chapter without them would not let a student follow a case — but they are not presented as bank-asked, and the practice set below is the 42 stems, not an inflated figure.

15. Traps & confusions

• Pakistan 54 ≠ India 41; Pakistan 64/65 ≠ India 44. India’s 1973 Code numbers arrest without warrant as 41 and arrest by a Magistrate as 44. Pakistan’s 1898 Code numbers them 54 and 64/65. If a paper offers 41 or 44 for a Pakistan CrPC question, it is using the Indian numbering — reject it.
• 64 vs 65. Section 64 is the narrow case: an offence committed in the Magistrate’s presence — he may himself arrest. Section 65 is the general power: a Magistrate may arrest, or direct arrest in his presence, of any person he could issue a warrant for. The Local Government 2020 paper phrases the question as “arrest by or in presence of Magistrate” and keys 64 — carry 64 for that exact phrasing, 65 for the general power.
• 146 appears in both Codes with different meanings. PPC 146 = rioting (force by an unlawful assembly). CrPC 146 = attachment of the subject of a dispute (land/water, possession undecided). The Code name in the question decides the answer.
• 154 vs 155. 154 is the FIR in a cognizable case (police investigate without a Magistrate’s order). 155 is information in a non-cognizable case (record, refer to the Magistrate, investigate only on his order). The Sub-Inspector 2025 scenario turns entirely on this pair.
• 161 vs 164. A 161 statement is made to the police, is not signed, and is not substantive evidence. A 164 statement or confession is recorded by a Magistrate, after the voluntariness warning, and is evidence. Confession to police is inadmissible; confession before a Magistrate under 164 is admissible.
• 61 vs 167. 61 is the 24-hour police limit. 167 is the Magistrate’s 15-day remand limit when investigation cannot be completed in 24 hours. The two numbers are a pair, never alternatives.
• 190 vs 200. 190 is cognizance — the Magistrate’s decision to take the case (on complaint, police report, or own knowledge). 200 is the examination of the complainant on oath once cognizance is taken on a complaint. Cognizance first, examination second.
• 249-A vs 265-K. Both are “acquit at any stage” powers, but 249-A belongs to the Magistrate (Chapter XX trials) and 265-K belongs to the Sessions Court (Chapter XXII-A trials). The court in the question decides the section.
• 354/357 are not judgment sections in Pakistan. In India’s 1973 Code, 354 is language and contents of judgment. In Pakistan’s 1898 Code, 354 is manner of recording evidence and 357 is language of record of evidence; judgment is 366–368. A paper that pairs 354 with “judgment” is using Indian numbering.
• Chapter XVII is commencement, Chapter XIX is the charge — correcting a bank-file note. One NAB 2012 file note claims Chapter XVII is “Of the Charge” and therefore no offered option is correct. The Code’s contents say otherwise: Chapter XVII (190–204) is “Of the Commencement of Proceedings Before Court” and Chapter XIX (221–240) is “Of the Charge” — so the bank’s keyed answer, “commencement of proceedings”, is correct and the file note is wrong. Carry the Code’s titles, not the note.
• Section 57: wrong Code in the bank item. The NAB 2012 item attributes the “life reckoned as 25 years” fractions rule to “Section 57 of the Cr.P.C.” In the CrPC, Section 57 is refusal to give name and residence (Section 5 above). The fractions rule is PPC Section 57: in calculating fractions of terms of punishment, imprisonment for life is reckoned as equivalent to 25 years — and it is a reckoning rule for fractions/remission, not a definition that a life sentence is 25 years. If a paper repeats the bank’s wording, the figure to carry is 25 years; the Code to name is the PPC.
• FIR ≠ proof; complaint ≠ FIR. An FIR (154) starts an investigation; it is not evidence of the offence. A complaint (200) starts the Magistrate’s own proceeding. Papers swap the two starting points deliberately.

16. Memory tricks (professional only)

• “54 arrests, 61 holds a day, 167 holds a fortnight”: 54 = warrantless arrest, 61 = 24 hours, 167 = 15 days. Arrest–day–fortnight.
• “154 writes, 155 refers”: cognizable information is written as an FIR (154); non-cognizable information is referred to the Magistrate (155).
• “161 talks to police, 164 talks to the Magistrate”: police statement (161, unsigned) vs Magistrate’s confession (164, warned and voluntary).
• “190 takes, 200 examines, 204 issues”: cognizance (190) → examination of complainant (200) → issue of process (204). Take–examine–issue.
• “106 convicts, 107 prevents, 110 repeats, 123 defaults”: security on conviction (106), security in other cases (107), habitual offenders (110), imprisonment in default (123).
• “249-A magistrate, 265-K sessions”: the acquittal-at-any-stage pair, named by its court.
• “PPC says what, CrPC says how, Qanun says prove”: the three-law pair from LA-02, extended — substantive, procedural, evidence.

17. Visuals (site build specs)

• FLOWCHART — One case, one line: FIR/complaint → investigation → cognizance → process → charge → trial → judgment → appeal, with the section number on each arrow (154/200, 156–173, 190, 204, 221, 241/265-B, 366–368, 404/439) — placed in Section 2.
• TABLE GRAPHIC — The arrest clock: 54 (arrest) → 60 (produce without delay) → 61 (24 hours) → 167 (15 days) as a four-step timeline — placed in Section 5.
• TABLE GRAPHIC — Prevention powers at a glance: 106/107/108/109/110 (bonds) → 123 (default) → 127/128/129 (dispersal) → 144/145/146 (urgent orders and disputes), one row per section with its period or trigger — placed in Section 7.
• PAIRED-BOX GRAPHIC — The confusion pairs: 154/155, 161/164, 61/167, 249-A/265-K, 64/65, PPC 146/CrPC 146 — each pair as two boxes with the distinguishing word bolded — placed in Section 15 as a repeated motif.
• TABLE GRAPHIC — Bank-asked sections: all 42 stems grouped by stage with paper and year — placed in Section 14.

18. Practice this topic

• Practice set: 42 verified unique question stems (45 rows including cross-bank duplicates; method in Section 14). The site serves them as this chapter’s practice set, filtered by subject=laws + Code of Criminal Procedure topic tags. Sections taught here from the Code’s text with no direct bank match yet (notably 173, 221, 342, 367, 496, 498, 561-A) are flagged as text-taught in the chapter, not counted in the practice set — absence from these banks is not evidence they are unasked, and the next police, FIA and NAB papers are the likeliest place for them to appear.
• Book mode: ← Previous: Pakistan Penal Code 1860 · Next: Code of Civil Procedure 1908 + Qanun-e-Shahadat Order 1984 (to follow) →

Goldmine Notes · Laws & Acts · Chapter 3 (LA-03) · Sources: Code of Criminal Procedure 1898 (Act V of 1898) — text and contents as carried in the Federal Investigation Agency’s published compilation (fmu.gov.pk, CrPC 1898 PDF: Sections 54, 61, 64, 65, 106–110, 123, 127–129, 154–157, 160–167, 169–173, 190, 200–204, 221, 249-A, 260, 265-K, 342, 354, 357, 366–368, 371, 374, 526, 561-A; chapter titles XVII commencement and XIX charge; Section 57 refusal to give name and residence) and the Justice Project Pakistan bench-book copy of the same text; Pakistan Penal Code Section 57 fractions rule (25 years) per the PPC text as carried at pakistani.org; verified past-paper banks via script hidden_files/goldmine-notes-count-la03.py (567 files, 55,661 questions; counts saved in hidden_files/goldmine-notes-la03-counts.json). Standard answers only; the Chapter XVII file note and the Section 57 Code attribution in the NAB 2012 items are corrected and flagged as traps in Section 15, not smoothed over.