Law: Criminal Procedure Code (V of 1898)

Section: 439,151

Law: Pakistan Penal Code, 1860

Section: 52,99

Criminal Procedure Code (V of 1898), S. 151-Mere apprehension of breach of peace would not entitle police to arrest anyone-Case must be one of emergency and there must be facts showing that without arrest commission of offence could not be prevented-Right of self-defence against arrest violating provision of section-Penal Code (XLV of 1860), S. 99. A mere apprehension of breach of peace would not entitle the A. S. I. to arrest a person under section 151 Cr. P. C. There must have been material before the A. S. I. that the case was one of emergency and that without arrest the com­mission of the offence could not be prevented. If he arrested Shahbaz, merely on a report of apprehension of breach of the peace, he did not act in good faith. Good faith requires due care and attention as provided in section 52 of the Pakistan Penal Code. Under section 99 P. P. C., good faith of the public servant is essential for depriving the man arrested of the right of private defence. A I R 1930 Lah. 348 ref. JUDGMENT KAIKAUS, J.-In respect of an assault on Raja Muhammad Akram, A. S. I. (P. W. 9) and two Foot Constables Ghulam Nabi and Abdul Qadir, on the 11th of October 1952, Ahmad and others, altogether thirteen persons including four women were convicted by Mr. Riaz-ul-Haq, Magistrate, 1st Class, Pindigheb, of offences as detailed below :- Eight out of the male accused were sentenced to :- (1) one year's rigorous imprisonment each under sec­tion 147 P. P. C. ; (2) two years' rigorous imprisonment each under section 225/149 P. P. C. ; (3) three years' rigorous imprisonment each under section 333/149 P. P. C. ; and (4) one year's rigorous imprisonment each under section 332/149 P. P. C.; All the four female accused were sentenced each to one year's rigorous imprisonment on each of the four counts, the sentences to run concurrently. The sentences of the male accused were also to run con­currently; Shahbaz, the ninth male accused, was sentenced to two years' rigorous imprisonment under section 224 P. P. C. On appeal the learned Sessions Judge acquitted Shahbaz as Well as the female accused. Out of the remaining male accused he acquitted three and maintained the convictions of five,…

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