Criminal Procedure Code Pakistan – Details Overview
Criminal Procedure Code Pakistan:
The Criminal Procedure Code (CrPC) of Pakistan is a set of laws that govern the criminal justice system of the country. The code lays out the procedures that must be followed by law enforcement agencies, courts, and individuals involved in criminal proceedings. The CrPC was enacted in 1898, during British colonial rule, and has been amended several times since then to keep up with changing societal and legal needs.
The CrPC outlines the process of investigation, inquiry, and trial in criminal cases. The code provides for the arrest, detention, and release of accused persons, and also sets out the procedures for the filing and hearing of criminal cases in the courts. One of the key objectives of the CrPC is to ensure that criminal proceedings are conducted in a fair, just, and transparent manner.
The CrPC divides criminal proceedings into two broad categories: “cognizable offenses” and “non-cognizable offenses.” Cognizable offenses are serious crimes such as murder, rape, and robbery, which can be investigated and prosecuted by law enforcement agencies without a warrant. Non-cognizable offenses are less serious crimes such as minor thefts and public nuisances, which require a warrant for investigation and prosecution.
Wide Power to Investigation:
Under the CrPC, the police are given wide powers to investigate and arrest individuals suspected of committing cognizable offenses. However, these powers are not unlimited, and the police are required to follow specific procedures when making arrests and conducting investigations. For example, the police are required to inform the accused of the charges against them, and they must also inform the accused of their right to legal counsel.
Once an accused person has been arrested, they must be brought before a magistrate within 24 hours. The magistrate will then determine whether the accused person should be remanded in custody or released on bail. If the magistrate decides that the accused person should be remanded in custody, they must be produced before a court within 14 days, and the court will then determine whether the accused should continue to be held in custody or be released on bail.
During the trial, the CrPC provides for the presentation of evidence, examination and cross-examination of witnesses, and the arguments of the prosecution and defense. The accused person is also entitled to legal representation, and the court must ensure that they receive a fair trial.
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In conclusion, the Criminal Procedure Code of Pakistan is a comprehensive set of laws that govern the criminal justice system of the country. The code provides for the fair and just treatment of accused persons and ensures that criminal proceedings are conducted in a transparent and efficient manner. The CrPC has been amended over the years to keep up with changing legal and societal needs, and it continues to be an important tool for upholding the rule of law in Pakistan