CrPC-1898-Batch-3-of-6-Prevention-Investigation judiciary
49 questions
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Question 1 of 49
Pakistani case law has held that a police officer conducting a search must record the grounds for doing so in the police station diary (Roznamcha); failure to do so has been held to render the search:
ExplanationThis documentation requirement is treated as a genuine jurisdictional prerequisite for a police-conducted search, not a mere administrative formality — its omission has led courts to find the search itself unlawful.
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Question 2 of 49
Pakistani courts have held that where police investigate a non-cognizable case without the Magistrate's prior permission required by Section 155(2), the investigation is:
ExplanationPakistani case law treats the Section 155(2) permission requirement as a genuine jurisdictional prerequisite, not a mere formality — investigating a non-cognizable case without it has led courts to quash the resulting proceedings entirely.
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Question 3 of 49
Pakistani case law has held that once an Investigating Officer has obtained remand authorization under Section 167 and later seeks to release the accused under Section 169 for deficient evidence, that release:
ExplanationPakistani courts have held that a Section 169 release for deficient evidence is not a revolving door — an investigating officer cannot simply keep re-arresting and re-releasing the same person indefinitely on the same insufficient evidentiary basis.
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Question 4 of 49
Under Section 154(1), a copy of the recorded FIR information must be given to the informant:
ExplanationSection 154(1) requires the informant to receive a free copy of the recorded FIR immediately ('forthwith') — not upon request, not for a fee, and not after some delay.
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Question 5 of 49
Under Section 173(1)(b)'s proviso, as added by the Criminal Law (Amendment) Act, 1992, if investigation is not complete within fourteen days of the FIR being recorded, the officer in charge must:
ExplanationThis 1992 amendment imposes a strict timeline: a fourteen-day investigation window, followed by a mandatory interim report within three more days if investigation isn't yet complete — the Court may then commence trial on the basis of that interim report.
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Question 6 of 49
Under Section 169, if the evidence gathered is deemed deficient to justify forwarding the accused to a Magistrate, the officer in charge must:
ExplanationSection 169 requires release of the accused when the evidence is insufficient — with a possible bond requirement to appear later — rather than open-ended detention while investigation continues.
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Question 7 of 49
Section 107 empowers a Magistrate to require security for keeping the peace from a person who, in the Magistrate's opinion, is likely to:
ExplanationSection 107 is the general (non-conviction-based) security-for-peace provision, triggered where the Magistrate has information that a person is likely to commit a breach of the peace or disturb public tranquility.
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Question 8 of 49
Under Section 146, if the Magistrate in a Section 145 dispute finds no party in possession, or is unable to determine possession, he may:
ExplanationSection 146 provides the fallback where possession genuinely cannot be determined: attachment of the disputed property pending a competent court's resolution of the underlying rights, rather than an arbitrary award to either party.
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Question 9 of 49
Under Section 156, a police officer in charge of a police station may investigate a cognizable case:
ExplanationSection 156 grants police an independent statutory right to investigate cognizable offences without needing prior judicial sanction — a foundational contrast with the non-cognizable procedure under Section 155.
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Question 10 of 49
Pakistani case law holds that where an accused person himself lodges the FIR admitting to the offence, that FIR is:
ExplanationBecause an FIR is not recorded with the safeguards that make a Section 164 confession reliable, Pakistani courts exclude a self-incriminating FIR lodged by the accused himself from consideration at trial, on the same rationale that protects against unreliable, unsafeguarded confessions.
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Question 11 of 49
Pakistani superior courts have held that once a competent civil court has already regulated possession of the disputed property (e.g., by an interim injunction), a Magistrate's jurisdiction under Section 145:
ExplanationPakistani case law (e.g., as reflected in Prosecutor General Punjab's compiled precedents) establishes that Section 145's summary jurisdiction yields once a civil court has already taken control of the possession question — reinforcing the provision's role as a stop-gap peace-keeping measure, not a substitute for civil adjudication.
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Question 12 of 49
Pakistani case law has held that security proceedings under Section 107 fall outside the scope of Section 250, meaning:
ExplanationThe Supreme Court (Ghulam Qadir v. Fazal Din, PLD 1962 SC 331) held that Section 250's compensation-for-false-accusation mechanism does not apply to Section 107 security proceedings — the two provisions serve different, non-overlapping purposes.
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Question 13 of 49
Section 174 requires the police to investigate and report on cases of:
ExplanationSection 174 establishes the inquest procedure — police investigation and reporting on suicides and suspicious or unexplained deaths — distinct from an ordinary criminal investigation into a known offence.
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Question 14 of 49
Section 149 imposes a duty on every police officer to interpose for the purpose of preventing, and may to the best of his ability prevent, the commission of:
ExplanationSection 149 establishes an active, not merely reactive, police duty: officers must proactively work to prevent cognizable offences, not simply respond after the fact.
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Question 15 of 49
Under Section 164, a confession or statement made in the course of an investigation may be recorded by:
ExplanationSection 164 vests the power to record a genuinely evidentiary confession/statement in a Magistrate — deliberately not the police — precisely because police-recorded statements under Section 161/162 carry so little evidentiary weight.
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Question 16 of 49
Under the proviso to Section 145(1), if a party was forcibly and wrongfully dispossessed within a certain period before the Magistrate's order, he may be treated as being in possession — that period is:
ExplanationThe proviso to Section 145(1) lets the Magistrate treat a party dispossessed by force within the preceding two months as if he were still in possession, preventing a wrongdoer from benefiting from his own forcible dispossession of another.
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Question 17 of 49
Section 126 addresses the discharge of sureties, allowing a surety for a bond under this Chapter to apply to be relieved of an obligation:
ExplanationSection 126 lets a surety seek discharge from an ongoing bond obligation, ensuring sureties are not permanently locked into an open-ended commitment against their will.
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Question 18 of 49
Pakistani case law establishes that a First Information Report (FIR) is treated at trial as:
ExplanationPakistani superior courts have consistently held that an FIR is not substantive evidence of the facts it narrates — its evidentiary use is limited to corroborating or contradicting the person who lodged it, similar in spirit to the limited use of Section 161 statements.
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Question 19 of 49
Under Section 110, a Magistrate may require security for good behaviour, for a period not exceeding three years, from a person shown by evidence of general repute to be:
ExplanationSection 110 targets habitual offenders and dangerous persons specifically, allowing security bonds of up to three years based on evidence of general reputation, not merely suspicion of a single act.
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Question 20 of 49
Under Section 161, a police officer investigating a case may orally examine any person acquainted with the facts, and such person is bound to:
ExplanationSection 161 obliges witnesses to answer truthfully, with a built-in self-incrimination exception — the statement recorded under this section is what Section 162 then restricts from being signed or freely used as substantive evidence.
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Question 21 of 49
Under Section 160, a police officer investigating a case may, by order in writing, require the attendance of any person who appears to be acquainted with the case's facts, but generally may not require attendance of a person who is:
ExplanationSection 160 builds in a protective exception: persons under fifteen, and women, generally cannot be compelled to attend anywhere except their own residence for police questioning.
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Question 22 of 49
Under Section 155, for a non-cognizable offence, a police officer:
ExplanationSection 155 requires Magisterial authorisation before police may investigate a non-cognizable offence — the defining procedural gap between cognizable and non-cognizable cases.
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Question 23 of 49
Under Section 117, before finally ordering a person to give security, the Magistrate must:
ExplanationSection 117 requires a genuine inquiry — following, as nearly as may be, the procedure for trial of summons cases — before security can actually be ordered, protecting against baseless allegations.
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Question 24 of 49
Pakistani superior courts have held that a Section 173 report's conclusions must be based on:
ExplanationThe Sindh High Court has clarified that an investigating officer is not bound to adopt either the informant's or the defence's narrative — the Section 173 report must reflect the actual facts genuinely discovered during investigation.
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Question 25 of 49
Section 106 empowers a Court, upon convicting a person of certain offences involving a breach of the peace, to order him to execute a bond for:
ExplanationSection 106 is the conviction-linked security provision — distinct from Section 107's non-conviction-based version — capping the peace bond at three years, attached directly to a criminal conviction.
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Question 26 of 49
Where a cognizable offence occurred outside a police station's own territorial jurisdiction, Pakistani practice (drawing on Section 170's transfer mechanism) still requires the receiving station to:
ExplanationThe mandatory-registration principle applies regardless of territorial jurisdiction at the point of complaint — the receiving station registers the report (informally termed a 'zero FIR') and then transfers it onward under Section 170, rather than turning the complainant away.
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Question 27 of 49
Under Section 162, a statement made to a police officer during investigation:
ExplanationSection 162 deliberately withholds evidentiary weight from police statements — they are unsigned and generally usable only to contradict the witness at trial, not as independent proof of the facts stated.
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Question 28 of 49
Under Section 151, a police officer may arrest, without orders from a Magistrate and without a warrant, a person designing to commit a cognizable offence, if the commission of the offence:
ExplanationSection 151 authorises genuinely preventive arrest — before the offence occurs — but only where the arrest is truly necessary because the offence cannot otherwise be prevented, guarding against pretextual pre-emptive arrests.
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Question 29 of 49
Under Section 123, failure to give security ordered under this Chapter results in imprisonment, and proceedings involving certain categories must be laid before the High Court or Court of Session, with the type of imprisonment being:
ExplanationSection 123 addresses consequences for failing to furnish ordered security, channeling certain cases to higher judicial review and specifying the imprisonment as simple in character.
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Question 30 of 49
Pakistani courts have held that where a challan is filed far beyond the Section 173(1)(b) timeline while the accused remains in custody throughout, the consequence can be that:
ExplanationIn a case where a challan was filed 34 days after arrest — well beyond the 14+3 day statutory window — the appellate court held this was a clear Section 173(1)(b) violation that rendered the custody unlawful throughout, vitiating the entire proceedings.
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Question 31 of 49
Under Section 156(3), a Magistrate empowered under Section 190 may order an investigation of a cognizable case as described in Section 156, meaning the Magistrate can direct police investigation even:
ExplanationSection 156(3) gives a Magistrate the power to set police investigation in motion for a cognizable case even at the pre-cognizance stage, reinforcing the police's central investigative role under judicial oversight.
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Question 32 of 49
Pakistani superior courts have held that the phrase 'cannot give a satisfactory account of himself' (grounding action under Section 109/55) refers to:
ExplanationPakistani case law (e.g., State v. Abdul Karim, PLD 1964 Kar. 384) has clarified that a momentary or isolated failure to satisfactorily explain one's conduct at a particular time and place does not, by itself, justify action under this provision — a genuinely continuing pattern is required.
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Question 33 of 49
Under Section 173, upon completion of investigation, the officer in charge must submit a report to a Magistrate, commonly known in practice as the:
ExplanationSection 173's police report — universally called the 'challan' in Pakistani practice — sets out the result of investigation and forms the basis for the Magistrate's decision on whether to proceed against the accused.
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Question 34 of 49
Section 145 applies where a dispute concerning land or water likely to cause a breach of the peace exists, and empowers the Magistrate to:
ExplanationSection 145's crucial limitation — a favorite exam point — is that the Magistrate decides possession only, expressly not the question of legal title, which remains a matter for civil courts.
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Question 35 of 49
Section 133 empowers a Magistrate to make a conditional order for the removal of a nuisance arising from an unlawful obstruction, or from a trade/occupation injurious to health, upon receiving a police report or:
ExplanationSection 133 gives a Magistrate broad evidentiary latitude — police report or other information, plus whatever evidence he considers appropriate — to issue a conditional nuisance-removal order.
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Question 36 of 49
Under the Explanation to Section 164, it is necessary that the Magistrate recording a confession or statement:
ExplanationSection 164's Explanation expressly removes any jurisdictional requirement — any Magistrate of the first class (or specially empowered second class Magistrate) may record the statement, whether or not he has jurisdiction over the underlying case.
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Question 37 of 49
Under the proviso to Section 108, no proceedings for disseminating seditious matter shall be taken against the editor, proprietor, printer or publisher of a registered publication (edited/printed/published in conformity with press law), EXCEPT:
ExplanationSection 108's proviso gives registered press publications a procedural shield — action against their editors/proprietors/publishers requires specific Provincial Government authorisation, not an ordinary Magistrate's initiative alone, reflecting a deliberate check on the potential misuse of this provision against the press.
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Question 38 of 49
Pakistani case law establishes that a Magistrate receiving a Section 173 report:
ExplanationBecause Section 173(3) uses the word 'may' rather than 'shall' in describing how the Magistrate treats the report, established Pakistani criminal procedure principle holds that the investigating officer's opinion is never binding on the Magistrate's own independent judgment.
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Question 39 of 49
Under Section 172, a police officer conducting an investigation is required to maintain a diary setting out the time at which information was received, the time investigation began and closed, and:
ExplanationSection 172's case diary is a contemporaneous record of the investigation's factual progress — a document courts may call for, though it is generally treated as privileged and not directly usable as evidence against the accused.
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Question 40 of 49
Pakistani case law has held that a person questioned by police under Section 161 is:
ExplanationPakistani case law (Kassim Khan v. Emperor) confirms that a Section 161 statement is neither made on oath nor signed — accordingly, a person who later resiles from it cannot be prosecuted for perjury (or even under Section 182 PPC for a false statement) over what he told police, sharply distinguishing it from a Section 164 statement made on oath before a Magistrate.
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Question 41 of 49
Under Section 145(1), before making an order, the Magistrate must be satisfied from a police report or other information that a dispute likely to cause a breach of the peace exists, and must then require the parties to attend and:
ExplanationSection 145(1)'s verbatim text requires written statements specifically addressing actual possession — not title or ownership — consistent with the section's deliberate limitation to a possession-only inquiry.
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Question 42 of 49
Section 144 empowers a Magistrate, in urgent cases of nuisance or apprehended danger, to issue an order:
ExplanationSection 144's defining feature is speed: it permits an immediately-effective order in genuinely urgent situations, bypassing the normal notice-and-hearing procedure that other nuisance provisions require — the classic basis for imposing curfews or assembly bans.
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Question 43 of 49
Under Section 167, when investigation cannot be completed within twenty-four hours, the accused must be forwarded to a Magistrate, who may authorise detention in police custody (physical remand) for a maximum period of:
ExplanationSection 167 caps physical (police-custody) remand at fifteen days in total — a cornerstone provision protecting against indefinite police detention, distinct from further judicial-custody detention that may follow.
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Question 44 of 49
Under Section 164(3), where the person making a statement declares he does not wish to confess, the Magistrate must:
ExplanationSection 164(3) protects genuine voluntariness by requiring the Magistrate to respect an explicit refusal to confess — while still allowing him to record whatever non-confessional statement the person does choose to make.
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Question 45 of 49
Under Section 112, when a Magistrate acting under Sections 107-110 decides to require security, the order must be made:
ExplanationSection 112 requires a written order specifying the substance of the information received, the bond amount, its duration, and the number/character/class of sureties required — a procedural safeguard against arbitrary security demands.
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Question 46 of 49
Section 127 empowers a Magistrate or police officer to order an unlawful assembly (or any assembly likely to cause a disturbance) to:
ExplanationSection 127 is the basic dispersal-order provision for unlawful or disturbance-likely assemblies, forming the legal foundation before escalation to civil or military force under Sections 128-131.
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Question 47 of 49
Under Section 154, information relating to a cognizable offence given orally to an officer in charge of a police station must be:
ExplanationSection 154 is the FIR provision: oral cognizable-offence information must be reduced to writing, read back to the informant, signed by him, and logged in the prescribed register — registration is mandatory, not discretionary, regardless of the information's apparent truth.
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Question 48 of 49
Under Section 176, in addition to the police inquiry under Section 174, a Magistrate may hold his own inquiry into the cause of death, and for this purpose has the power to:
ExplanationSection 176 gives the Magistrate an independent inquest power, including the striking authority to order disinterment of a body already buried, to properly investigate the cause of death.
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Question 49 of 49
Section 109 empowers action against a person taking precautions to conceal his presence within a Magistrate's jurisdiction, where there is reason to believe he is doing so with a view to committing:
ExplanationSection 109 targets concealment-with-criminal-intent specifically tied to a cognizable offence, distinguishing genuinely suspicious concealment from ordinary private conduct.
0 / 49 answered
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