Law: Criminal Procedure Code (V of 1898)

Section: 154,155,156,4(f),4(n),200

Law: Penal Code (XLV of 1860)

Section: 324,34,167,193

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898)---   ----Ss. 154, 155, 156, 4(f), 4(n)---”Cognizable” and “non-cognizable” offence---Distinction---Cognizable offence was, where the Police was empowered to arrest accused without any warrant issued by the Magistrate---Non-cognizable offence was wherein the Police Officer had no power to arrest the offender without warrant from a Magistrate---In a cognizable offence, the Police had legal obligation to register a case under S.154, Cr.P.C., but if it was non-cognizable case, the substance of information provided to the S.H.O. concerned, would be entered in the register maintained under S.155, Cr.P.C.---Information with respect to the commission of cognizable offence was regulated by S.154, Cr.P.C.; whereas the information regarding commission of a non-cognizable offence was regulated by S.155, Cr.P.C.---Section 154, Cr.P.C. cast a statutory duty upon the S.H.O. to enter the information regarding commission of those offences which fell in the categories of “cognizable offences” in a register provided by Provincial Government, which in ordinary parlance was known as FIR.   (b) Criminal Procedure Code (V of 1898)---   ----Ss. 154, 200---Lodging of FIR, and filing of complaint---In order to set the criminal law into motion, two modes were provided one by way of lodging of a report with the Police under S.154, Cr.P.C. in respect of commission of a cognizable offence; the other by filing a complaint as provided by S.200, Cr.P.C.---Condition that necessitated the recording of an information, and setting the criminal law into motion under S.154, Cr.P.C. fairly were: firstly, that it must be an information; and secondly, it must be on the face of it relating to a cognizable offence.   (c) Penal Code (XLV of 1860)---   ----Ss. 324, 34, 167, 193---Criminal Procedure Code (V of 1898), Ss.154, 155---Constitution of Pakistan, Art.199---Attempt to commit qatl-i-amd, common intention---Framing of an incorrect document by public servant with intent to cause injury, giving false evidence---Appreciation of evidence---Non-cognizable offence---Direction of Inspector General Police, to SHO to register case---Complaint…

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