ADPP Interview Questions And Answers

ADPP Interview MCQs

(1) ACT: Act means a law passed by the Parliament through adopting proper legislative procedure/bossiness, after obtaining approval and consent of the Parliamentary Committee, Lower House and Upper House of the Parliament, for example,,, Ant-Terrorism Act,

(2) ORDINANCE: A law made by the President/Competent Authority in absence of Legislature/Parliament or in acute emergency state for a specific period which later-on expires or the Parliament gives consent which becomes a permanent law. It has life of 120 days and It is extendable one time by the President and Parliament may reject, set-aside or may give consent to it, Parliament may convert it into act by adopting/passing in the Parliament.

(3) CODE: A set of secondary laws (other then Constitution) especially made and uniformed in a single code/bare aiming at effective applicability and regulating the procedure of Forums/courts and specified outcomes/punishment for example, Pakistan Penal Code and Crl Procedure Code.

(4) STATUTE: A Comprehensive Term used for different laws including Act, Ordinance and Orders. In other words, laws having protection of the Constitution.

(5) MANUAL: It is neither a legal term nor a kind of law but it is a general term used for a compendium/compilation/ins-cyclopedia of laws of specific filed/profession or department, containing all the relevant laws and rules. For example, Manual of Jail Laws, Manual of Military Laws.

(6) ARTICLE: A legal term used for division-ing and and portioning of basic and fundamental laws/direct legislation by a Parliament, within a Major/Primary Law of a country or a company. For example Constitution of Pakistan, Articles of Association of any company/organisation etc.

(7) SECTION: A term used for division-ing and and portioning of secondary laws of a state ,next to the constitution, providing definitions, regulating procedures and the punishment etc. For example Section 302 of Pakistan Penal Code and 154 of Criminal Procedure

#Demurrer (dee-muhr-ur): A formal response to a complaint filed in a lawsuit, pleading for dismissal and saying, in effect, that even if the facts are true, there is no legal basis for a lawsuit. Examples include a missing necessary element of fact, or a complaint that is unclear. The judge can agree and “leave to amend,” giving the claimant the opportunity to amend the complaint. If it is not amended to the judge’s satisfaction, the demurrer is granted. (Some states use a motion to dismiss.)

#Depose: To testify or give under oath or sworn affidavit.

Diligence: Reasonable care or attention to a matter; for instance, looking both ways before proceeding after stopping at a stop sign, washing your hands before cooking food in a restaurant or operating in a hospital or checking brakes and other mechanical components on tour buses at regular intervals. Due diligence denotes what a normal, responsible person would do under the same conditions.

#Felony: A serious crime punishable by death or at least one year in a state or federal prison. Felonies include arson, rape, perjury and homicide. When theft is involved, the value of that which was stolen determines whether the offense is considered a misdemeanor or felony

#Laws: A system of regulations governing the conduct of a community, state, society or nation in order to provide consistent order and justice. In the United States, laws can be statutes, ordinances or regulations, and are usually enacted by the legislative branch at a state or federal level, or by a branch of the government with authorization from a law already established.

#Malfeasance: Doing something illegal or morally wrong. Malfeasance includes dishonesty and abuse of authority.

#Mens Rea (menz ray-ah) Latin for a “guilty mind”; mens rea is used to describe a culpable state of mind, the criminal intent of the individual when committing an criminal act. For some crimes, this intent must have been present for a person to be guilty of the crime.

#Misdemeanor:  A crime less serious than a felony, punishable by or imprisonment for less than a year.

Magistrate power to order for FIR or to entertain direct complaints:

When a complainant approaches the magistrate, then he has TWO options.

First option u/s 156(3) Order  for FIR:

When complainant approaches to the magistrate,, then magistrate without taking cognizance and without taking examination of the complainant upon oath ,, the magistrate will refer the complainant towards SHO along with detectives to SHO for registration of FIR,

Second option for entertaining direct complaint u/s 190(1) (a) and section 200 Cr.p.c.

When complainant approaches the magistrate,, then magistrate can opt for the second option, whereby, he will take cognizanze first 190(1)(a)  , then will examinane complainant uon oath 200.

 Then After, magistrate under section 202,

Either will make inquiry itself about the truth and falsehood of the complaint,,, or,, will direct police to investigate the matter and submit the Report.

1- What is meant by Wajtakkar?

Art 20 QSO Wajtakar is a witness who came across a way where he saw a person coming out of that place where the incident had committed.

Evidence of wajtakker is weak and infirm evidence and assumes no importance without any ocular evidence.

2- Who is chance witness?

Chance witness is a witness who was there at the scene of occurrence by chance. Normally that person would not be there in general routines.

One who happens to be on place of occurrence by chance is called a chance witness. Chance witnesses can never be relied upon in a case involving capital punishment unless corroborated by independent, impartial, non-partisan and trustworthy witness.

3- Which article deals with “Right of fair trial”? Rationale behind its enactment? When it was inserted in the constitution?

Art 10A of constitution 1973 deals with right of fair trial, inserted by 18th amendment, on 19 April 2010.

Sec 340 & 342 353 to 365 CrPC deals with fair trial.

4- Difference between acquittal and discharge…

Discharge is a kind of executive order

Acquittal is judicial order

Acquittal is final order

No appeal lies against discharge

Discharge is a temporary release while acquittal is permanent release.

Discharge is the prerogative of area magistrate or police officer while acquittal is prerogative of the trial as well as appellate and revision court.

Discharge is an administrative order on the other hand acquittal is a judicial order.

Discharge can be challenged under sec 561-A Cr.p.c.

No appeal and revision lies while appeal lies to the H.C under sec.417cr.p.c and 411-A Cr.p.c if accused is acquitted.

In discharge principle of functus officio is not attracted while in acquittal it is attracted.

Discharge is done during the course of investigation while acquittal is done after the commencement of trial.

5- Whether criminal review available?

General rule is that review is not competent in criminal law but under section 369 Cr.p.c it is allowed only for correction of clerical mistake in judgment.

6- Under what provision a charge is framed?

Sec 220, n sec 221-240 deal with charge

7- What is meant by LOC?

The border between Azad Kashmir n Occupied Kashmir is termed as LOC by India n Working boundary by Pakistan

8- What is meant by working boundary?

The border between Azad Kashmir n Occupied Kashmir is termed as LOC by India n Working boundary by Pakistan.

9- What is retracted confession? What is its evidential value?

In Retracted confession accused person steps back from his confession.

Accused does not admit in terms or in full his accusation even after confession

10- Argue bail under section 489-F or 302.

Answer lies in two major parts

489-F

Cheque issued by whom?

Purpose:

Not- should be to fulfillment of an obligation or security to a loan

Business transaction

Case of a civil nature

Suit lies for rendition of accounts.

Dishonesty is not proved

The essential factors for offence under S-489 -F PPC is that the cheque must HV been issued dishonestly with knowledge and intention that it would be dishonored on presentation and must have been issued for the return/re-payment of loan or for the fulfillment of obligation ,mere issuance of cheque without dishonest intention and issuance of

Cheque other than for the return/repayment of loan does not impose either civil liability or criminal liability u/s 489-F PPC.

Example if one friend issues cheque another friend for encashment bcz the friend who issued cheque was busy in other work, hence he requested and he issued cheque in the name of his friend for encashment only, without any transaction or agreement between them ,hence such issuance of cheque does not amount to offence under S-489-F PPC nor it imposes civil liability. Bcz cheque was not issued dishonestly and cheque was not issued in respect of any transaction.

Cheque was not issued for repayment of loan or fulfillment of obligation.

Previously asked questions:

11- Difference between section 249-A and265-K?

249-A is the power of magistrate to acquit the accused without conclusion of trial while 265-k is power of session judge to acquit the accused without conclusion of trial.

To invoke the provision of section 249-A two grounds are required one is charge is groundless and second there is also probability of being conviction on the other hand 265-k requires only one ground there is no probability of being conviction

12- Define complaint?

Complaint is accusation of an offence against any person before a magistrate with the view of his taking action.

13- Difference between section 34 and 149?

Preplanned and not preplanned

Active participation required in other hand no active participation required

A criminal act done in furtherance of common intention.

Mens Reus:

Act done by any person of unlawful assembly. Same object of person.

Actus Rea:

14- What is meant by summary trial?

A procedure to try minor offences provided u/s 260 is summary trial

Summary trial Ss. 260 to 265 CrPc

Summary trials are conducted in case of minor offences; the offences whose punishment does not exceed a term of six months may be tried summarily.

Authority competent Magistrate of fist class

Bench of magistrates:

15- What is article 190 of Constitution?

Article 190 C O P, 1973 all executive & judicial authorities throughout Pakistan shall act in aid of Supreme Court

16- What is article 187 of Constitution?

Supreme Court shall have power to issue such directions, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it, including an order for the purpose of securing the attendance of any person or the discovery or production of any document.

17- What is protective bail?

Protective bail -which is granted when a person felt in danger of being arrested not by the court of competent jurisdiction but by another court for e.g. a case is registered against a person in Rawalpindi and he is in Lahore he can move a petition in LHC to grant him bail that bail would be protective interim bail.

18- What is anticipatory bail?

Anticipatory Bail is a kind of pre-arrest protective bail which is granted by High court u/s 561-A Crpc in certain circumstances and for certain period, without touching the merits of the case, to provide protection to the accused against imminent arrest and to enable the accused to approach the concerned /trial court for seeking bail from such concerned/trial court.

19- Ground to refuse stay u/s 56 of Specific Relief Act1887

to stay a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings;

(b) to stay proceedings in a Court not subordinate to that from which the injunction is sought;

(c) to restraint persons from applying to any legislative body;

(d) to interfere with the public duties of any department of the Government, or with the sovereign acts of Foreign

Government;

(e) to stay proceedings in any criminal matter;

(f) to prevent the breach of a contract the performance of which would not be specifically enforced;

(g) to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;

(h) to prevent a continuing breach in which the applicant has acquiesced;

(i) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;

(j) when the conduct of the applicant on his agents has been such asto disentitle him to the assistance of the Court;

(k) Where the applicant has no personal interest in the matter

20- What is Order XXXIX, Rule 1 and 2?

Order XXXIX rule 1 relates to cases where temporary injunction granted

Order xxxix rule 2 is the punishment of the violation of rule 1, I.e. 6 months of imprisonment

21- What is procedure of forfeiture of bond u/s514?

Recording of grounds for forfeiture of bond

Issuance of show cause notice to surety to come forward to submit amount of surety or tell to the court reasons for not submission

Recovery from attachment of moveable property of such surety or his estate if he is so dead

If the property is situated in local limits of court issuing order for attachment then by the order of such court if the property is not situated in local limits of court issuing order for attachment then by the order of such court endorsed by district Officer Revenue within the local limits of whose jurisdiction such property is found.

 If such penalty is not paid and cannot be recovered by such attachment and sale, the person so bound shall be liable, by order of the Court which issued the warrant, to imprisonment in the civil jail for a term which may extend to six months.

The Court may, at its discretion, remit any portion of the penalty mentioned and enforce payment in part only.

Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the Bond.

31- What is section 365-A P.P.C?

Kidnapping or abduction for ransom extorting property or any valuable property on release of kidnapped or abducted person.

32- What is meant by “Safe House”?

A safe house is, in a generic sense, a secret place for sanctuary or suitable to hide persons from the law, hostile actors or actions, or from retribution, threats or perceived danger

33- Whether confession before police is relevant?

 Its extra judicial confession, so not relevant, as ipsi dixit of the police is not binding upon the court. The substantive law of confession is contained in articles 37 to 43 of QSO1984.

 According to article 38 General rule is that a confession made before a police officer is inadmissible.

 But this rule has two exceptions one under article 39 a confession made by an accused in the custody of police is admissible, if it is made in the immediate presence of the magistrate. And 2nd is under article 40 confession is admissible that leads to the discovery like instruments of crime

34- What sections of PPC deal with modesty of a woman?

 Section 509 of P.P.C insulting modesty or sexual harassment to a woman bailable. Up to 3 years punishment, 5 lac fine.

35- Difference between section 460 and 302 of PPC.

 460- deals with constructive liability where more than one person commits house breaking by night or lurking house trespass and any one of them commit or attempt to commit murder or hurt all persons shall be liable for life imprisonment or up to ten years and shall also be liable to punishment for offence committed.

 302. Whoever commits murder as defined in 300 P.P.C would be published as qisas

 With death or imprisonment for life as tazir.

 10-25 years of imprisonment if qisas not liable.

36- What is Lurking House Trespass? When it start?

 443 P.P.C Lurking house-trespass. Whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit ―lurking house-trespass. It starts by introduction of any part of the criminal trespasser’s body is entering.

37- Procedure for quashment of F.I.R

 Quashment of FIR is the power of HC under section 561-A Cr.P.C and Art 199 constitution of Pakistan. FIR is quashed when there is a prima facie case that there is no such occurrence has taken place. High court can quash F.I.R in its writ jurisdiction. A petition needs to be filed in the High Court stating the grounds under which the FIR is sought to be quashed.

38- Procedure of Cancellation of F.I.R

 Ss.169, 170 & 173---cancellation of F.I.R-

 Powers of Investigating Officer and Magistrate-

 Investigating Officer can dispose of F.I.R. as cancelled if he finds the same false, founded On mistake of law or a dispute of civil nature or  untraceable, after taking all necessary steps to

 The best of his endeavor and ability, but order of cancellation of F.I.R. must be obtained from a Magistrate competent to take Cognizance of the offence and to try the case or to send the matter for trial to higher Court.

39- Difference between inquiry and investigation:

 u/s 4(1)(K)cr.pc 'Inquiry' includes every inquiry other than a trial conducted under this Code by a Magistrate or Court;

u/s 4(1)(L)cr.pc Investigation' includes all the proceedings under this Code for the collection of evidence conducted by a police-officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf;

 Commencement: inquiry commences when complaint is filed to magistrate while investigation commences when FIRs lodged or complaint is made to magistrate.

 Authority inquiry can be conducted by magistrate or the court, while investigation is always conducted by a police officer or any person authorized by a magistrate.

 Purpose: Purpose of inquiry is to ascertain the truth or falsity of facts of the case, while investigation’s purpose is the collection of evidence regarding the guilt of the accused.

40- Difference between 340 and 342:

 340 Right to have pleader

If no pleader the accused give defensive statement on oath which is cross examined

No incriminating questions about any other offence accept the one under which he is being tried.

 342 Discretion of the court:

Court can ask any question at any stage, normally after recording prosecution Evidence, like, why he is being involved in the case. Why the evidence is against him? Whether he committed the offence etc

No oath is required no cross examination.

Court only draws its inference by the answers given under 342.

46- Whether Capital punishment should be awarded?

 Yes - our law and even constitution is based upon the Islamic law and in Islam , murder of a person is the assassination of the humanity, so capital punishment should be awarded to discourageevils

47- What is unlawful assembly?

141 PPC unlawful assembly:  An assembly of five or more persons is designated an ―unlawful assembly,‖ if the common object of the persons comprising that assembly is

 First: To overawe by criminal force, or show of criminal force, the Central or any Provincial Government or Legislature or any public servant in the exercise of the lawful power of such public servant;

 Second: To resist the execution of any law, or of any legal process

 Third: To commit any mischief or criminal trespass, or other offence

 Fourth: By means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of a way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right

 Fifth: By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do. Explanation: An assembly which was not unlawful when it assembled may subsequently become an unlawful assembly.

48- What is evidence in absentia?

 Evidence in absence of accused: 512. Record of evidence in absence of accused.

 (1) If it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him the Court competent to try in his absence, examine the witnesses produced on behalf of the prosecution, and record their depositions. Any such deposition may, on the arrest of such person, be given in evidence against him on the inquiry into, of trial for the offence with which he is charged, if the dependent is dead or incapable of giving evidence or his attendance cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable. 2) Record of evidence when offender unknown. If it appears that an offence punishable with death or 21 [imprisonment for life] has been committed by some person unknown, the High Court may direct that any Magistrate of the first class shall hold an inquiry and examine any witness who can give evidence concerning the offence. Any deposition so taken may be given in evidence against any person who is subsequently accused of the offence, if the deponent is dead or incapable of giving evidence or beyond the limits of Pakistan

49- What is bail in absentia?

 It is a BAIL granted to an absconder when he surrenders himself before the court by his attorney. On 8 May 2003 1st

BAIL of such type was granted to MNA Nasim ur Rehman by Supreme court of Pakistan. Where the petitioner applied this BAIL through his attorney (NAB CASE indicted u/s 31 NABORD)

50- What is trial in absentia?

512 Cr.p.c trial can be conducted in the absence of the accused which is called trial in absentia and the evidence recorded in such trial or any evidence which is recorded in the absence of the accused is called evidence in absentia.

51- What is dying declaration?

46(1) QSO

Last words about the cause of death of the dying person are called dying declarations. Which are relevant under provision given above.

52- What is section 174-A of crpc?

174A, crpc deals with the recording of dying declaration, when a person grievously hurt or injured or burned by oil or any other means, comes to the hospital the medical officer is duty bound to inform the police and magistrate and simultaneously he will record the statement of the injured person. And if the person remains capable to give statement the magistrate will also record that statement in his presence

53- Difference between section 406 and 420….Can an offender be charge with both at the same time?

406 is punishment of criminal breach of trust means when any person disposes off the property entrusted to him under any legal or contractual obligation and he violates such obligation and converts the property into his own use.

420 is to cause delivery of property by cheating.

Two different offences punished and charged separately.

54- What is public breach?

Any offence amounting to breach of public peace or tranquility is called public preach. Chapter 8 PPC deals with such offences.

55- What is procedure of magisterial trial?

Trial defined in section 241 to 250 A CrPC of the trial by magistrate

Supplying of copies framing of charge

Evidence from prosecution

Evidence from defense

Final arguments

Conviction or acquittal

61- What are fundamental rights?

The rights which are guaranteed by constitution of Pakistan 1973 are called fundamental rights. Articles 8 to 28 deal with them

62- Difference between 164 and 364 of Cr.P.C

63- What is meant by “Conjugal Right”?

Conjugal rights as that a husband or wife is entitled with his or her spouse in marriage- the right to be intimate with his or her spouse.

64- Bail without F.I.R is possible?

Bail without FIR is not possible. It’s mandatory registration of FIR under section 498-a for bail

65- What is “Refreshing Memory”?

Ordinary, a witness deposes to facts from his recollection but memory May dada and it is, therefore, very necessary he should be allowed to assist his memory by looking at documents containing an account of those facts. This is known as "refreshing memory"

66- Conviction without charge…under what circumstances?

Conviction without charge u/s 263 CrPc

67- What remedy and procedure against violent speeches againstgovernment?

Speech against Govt. Case registered u/s 16 of MPO 1960

68- Difference between article 184 and 199?

Art 184 constitutional petition , sou moto , & original jurisdiction of SC while 199 writ jurisdiction before HC

69- What is section 174-A?

174-A crpc deals with grievous injury by burns through fire,kerosene oil acid, chemical or by any other way

70- Tell about 154, 155 and 156 in sequence

 Cognizable FIR

 Non cognizable FIR

 Investigation in non-cognizable case

71- Under what provision of Q.S.O Serologist report may be exhibited?

Article 59 provides exhibition of serologist report

72- Under what provision of Q.S.O Case-property is exhibited?

73- What is procedure to exhibit case property?

In any criminal. Case the case-property is one which is connected with the commission of offence one-way or the other. The weapons used in the offence, the empties of the fire-arms are case property. And whn these are deposited in mal-khana of police-stataion,if some vehicle was used in the commission of offence and that was revovrd during investigation or the robbed-money or the recover-narcotics are all case-properties. During trial case proprty is produced in court and is got exhibited in the statmnt of the witnesses of the said-recvery.the motor-bike,car,or weapons of ofnce and epmties shall be marked as exhibit P-1 and onwards and the recovry-memoes and the other documents are got exhibit in the statement of the relevnt witnesses and marked as exihibit A,B,C,D onwards...

74- Gilgit Baltistan is a province? What is its status?

Political status of province

75- What is procedure for investigation in non-cognizablecases?

In non-cognizable cases police officer cannot investigate without the order of magistrate 1st or 2nd class having power to try the offence. And upon receiving such order police officer may exercise same powers as he may exercise in cognizable case

76- What is section 59 of Cr.P.C?

Arrest by private persons and procedure on such arrest.

77- What fundamental rights cannot be suspended in emergency?

During emergency all constitution is suspended except article 4 related to fundamental rights

78- What is article 4 & 5 of Constitution?

Right of individuals to be dealt with in accordance with law, etc

Loyalty to State and obedience to Constitution and law

79- Why Sessions Judge cannot take direct cognizance?

Unless case sent to it by Magistrate under S. 190(2)

80- Define self-defense?

Sec 96 provides nothing is an offence which is done in exercise of right of private defence.

81- What are death cases under PPC….Total Death cases?

Death cases are four under PPC

82- What are kinds of estoppels?

There r many kinds of estopple but basically, estop by conduct, estop by deed, estop by record, estop by waiver, estope by acquisance, promissory estop.

83- Difference between Hearsay evidence and circumstantial evidence?

Heresay evidence is not direct rather perceived by senses

84- What is case property?

Case property is such property which has been used in commission of an offence

85- When challan is submitted in court, which two documents are submitted extra?

86- What is section 155 of Cr.P.C?

Section 155 provides that when information reaches to the in charge of police station as to commission of non cognizable offence, he should make entries in the book maintained for the purpose without any investigation refer the matter to the magistrate for order

87- Difference between wrongful restrain and wrongful confinement?

Whoever voluntary obstruct any person from proceeding in any direction in which that person has right is said to wrong full restrain to that persons.

Wrongful confinement that whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing line of war.

88- What is identification parade?

Qso A-22 identification of stranger offender who is not previously known to the witness

89- Define Ikrah-e-tam and Ikrah-e-Naqis

Ikrah e tam to putting any person spouse or any of his blood relation with prohibited degree marriage in fear of instant death or permanent impairing any of organ of body or fear subjected to Zina bil Jabr, Ikrah e naqis a form of dui which doesn't amount to Ikrah e tam.

90- Which provision of Cr.P.C deal with Exhumation?

176(2) cr.p.c deals with Qabar Kushai.

91- What is meant and procedure for “Saat (7) Ikawan (51)”?

7/51 is in real sense are 107 & 151 CrPC under section 151 a police officer can arrest without orders by court a person who designs to commit an offence and produce him before magistrate under section 107 magistrate takes bonds foe keeping peace and not to disturb public order or tranquility for 3 years... Police report in such cases is called qalandra and bind is called muchalka naqs-e-aman.

92- What is meant by privilege communication?

Privileged communication is the statements which are made by the persons to each other when they had a protected

relationship.such type of statemens are defined in Art 5,9,&,12 QSO

93- When an absconder may be said proclaimed offender and what procedure next?

87crpc when the warrants of a person are issued and he absconded or conceals himself so that the warrant cannot be executed the court can issue the proclamation. Which shall not less than 30 days and shall be publicly read over and be affixed to some conspicuous place and copy thereof shall be affixed to the court also after that the order for attachment of property is made under section 88 crpc.

94- Which provision of Cr.P.C and PPC deal with Extra Territorial Jurisdiction?

95- What is limit for appeal in criminal cases?

 [Limitation Act, and Criminal Cases]

 According to Limitation Act:

 Article 150. Appeal from death sentence to High Court-7days.

 Article 151. High Court order on original side-appeal-20 days.

 Article 154. Appeal to any Court other than High Court-30days.

 Article 155. Criminal appeal to High Court-60days.

 Article 157. Appeal from acquittal by State-6days.

 To Supreme Court (special leave to appeal)-30days.

96- Reasons for revision?

 Reason of revision.

 Where the decision is grossly erroneous.

 Where there is no compliance with the provision of law.

 Where the findings of fact affecting the decision is not based on the evidence.

 Where material evidence of the parties is not considered.

 Where the judicial discretion is exercised arbitrarily or perversely

97- What is section 133 of PPC?

Sec 133 PPC deals with Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office.

Sec 133 PPC the assault done by a sailor, soldier, airman, in army, navy or air force, to his senior officer in the execution of his office, shall be published with imprisonment for 3 year and fine also.

98- If an offence is committed in journey, where the F.I.R shall be lodged?

Where it will come to know that an offence has been committed

99- Which provisions of PPC deal with Trade Mark?

Section 478 PPC deals with Trade Mark

100- What is mischief?

Sec 425_ causing wrongful loss to a person or public, causing destruction of any property which effects its value or usage, is called mischief.

101- What is meant by Borstal Institution?

Borstal institution means a place where child offender may be detained and given education and training for their mental, moral and psychological development.

102- Argue bail in Juvenile?

103- What is Dafa 144?

144 Power to issue order absolute at once in urgent cases of nuisance or apprehended danger.

104- What is section 196 Cr.P.C?

Section 196 of crpc is prosecution for offence against the State

105- What is meant by JID under Pakistan Protection Ordinance, when said law is enacted?

JID stands for joint investigation directorate comprising of 30 desks and director of intelligence and investigation as head

106- What is meant by mitigating circumstances?

Circumstances that may be considered by a court in determining culpability of offender. Mitigating circumstances do not justify or excuse an offense but may reduce the severity of a charge.

MS means accuses is guilty of the offence but due to MS less severity of sentence should be awarded.

Instances of MS exceeding self-defense..

Excess committed by public servant in discharge of his duties..

Offence committed in consequences of sudden provocation..

107- What is section 491 Cr.P.C?

Power to issue directions of the nature of a Habeas Corpus. Any High Court may, whenever it

thinks fit, direct:

(a) that a person within the limits of its appellate criminal jurisdiction be brought up before the Court to be dealt with according to law:

(b) that a person illegally or improperly detained in public or private custody within such limits be set at

liberty;

(c) that a prisoner detained in any jail situate within such limits be brought before Court to be there examined as a witness in any matter pending or to be inquired into in such Court;

(d) that a prisoner detained as aforesaid be brought before a Court-martial or any Commissioners for trial or to be examined touching any matter pending before such Court-martial or Commissioners respectively.

(e) that a prisoner within such limits be removed from one custody to another for the purpose of trial; and

(f) that the body of defendant within such limits be brought in on the Sheriff's return of cepi corpus to a

writ of attachment.

(2) The High Court may, from time to time, frame rules to regulate the procedure in the cases under this

section.

2 more points i want to share from my notes in s.491 H.C can direct these power to session court/additional

Session judge shall be exercise by then within the territorial-limits of a sessions-division... and 5000 security fees has to deposit before Session-judge, if person from that place that fees can be refund...

108- What is section 299 PPC?

299. Definitions:

In this Chapter, unless there is anything repugnant in the subject or context:

(a) "adult" means a person who has attained the age of eighteen years;

(b) "arsh" means the compensation specified in this Chapter to be paid to the victim or his heirs under this Chapter;

(c) "authorised medical officer" means a medical officer or a Medical board, howsoever designated, authorized by the Provincial Government;

(d) "daman" means the compensation determined by the Court to be paid by the offender to the victim for causing hurt not liable to arsh;

(e) "diyat" means the compensation specified in Section 323 payable to the heirs of the victim;

(f) "Government" means the Provincial Government;

(g) "ikrah-e-tam" means putting any person, his spouse or any of his blood relations within the prohibited degree of marriage in fear of instant death or instant, permanent impairing of any organ of the body or instant fear of being subjected to sodomy or ziha-bil-jabr;

(h) "ikrah-e-naqis" means any form of duress which does not amount to ikrah-i-tam;

(i) "minor" means a person who is not an adult;

112[(ii) "offence committed in the name or on the pretext of honour" means an offence committed in the name or on the pretext of karo

kari, siyah kari or similar other customs or practices;] 112

(j) "qatl" means causing death of a person;

(k) "qisas" means punishment by causing similar hurt at the same part of the body of the convict as he has caused to the victim or by causing his death if he has committed qatl-iamd in exercise Of the right of the victim or a Wali;

(l) "ta'zir" means purushment other than qisas, diyat, arsh , or daman; and

(m) "wali" means a person entitled to claim qisas.

109- Column of Challan?

challan has 7 columns given bellow....

Column No 1 of the police report includes the name of informant or complainant.

Column No 2 of the challan or police report includes the names of people which are declared innocent by police. Similarly the names of people which are absconders are also mentioned in this column. Similarly the accused which are not arrested and having warrants issued on their names are also mentioned in this column.

Column No 3 has the names of people which are on bail in the certain case.

Column No 4 is for the people which are discharged by the court in any other manner..

Column No 5 of police report has the details of recovery which has been made in the instant case.

Column No 6 of the challan consists of the names of witnesses in the instant case.

Column No 7 of the police report has the detailed viewpoint of the police regarding the case. Usually it has the story similar to the one

written in the FIR by the Investigating officer.

110- Under which provision of Cr.P.C attendance may be dispense with?

540-A. Provision for inquiries an trial being held in the absence of accused in certain cases. (1) At any

stage of an inquiry or trial under this Code, where two or more accused are before the court, if the Judge or Magistrate is satisfied for reason to be recorded, that any one or more of such accused is or incapable of remaining before the Court, he may, if such accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.

(2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit, and for reasons to be recorded by him either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.

111- Who will order for Identification parade?

IP is ordered by magistrate Ist class

112- What is article 6 of Constitution?

Article 6 relates to high treason

113- What is meant y Jiaifa and Ghyr Jaifa

Whoever causes jurh in which the injury extends to the body cavity of the trunk is said to cause jaifia.

Whoever causes jurh which does not amount to jaifia is said to cause ghyr-jaifia.

114- What is greenhouse effect?

Greenhouse is a natural process that warms the earth when sun energy passes through the glass in the rays of light

115. Where from did you pass your Law Graduation? It’s Faculty?

116. Who is "Sultani gwaah"?

When accomplice is granted tender of pardon under sec.337 cr.pc then he attains the status of approver or sultani ghawa

117. Difference between discharge and acquittal.....

118. Effect of with drawl of prosecution with reference to PCPSA 2006.....

At any stage of true before any trial court subordinate to H.C before the judgment is passed the prosecutor General or any prosecutor who especially authorized by him, for reasons to be recorded in writing inform the court on behalf of government that prosecutor shall not prosecute the acct upon the charge and proceedings 'll be stayed. This discharge doesn't amount acquittal.

119. Role of challan (Repost Under Sec. 173 Cr.PC) in criminal justice system....

173 sec cr.p.c is the culminating point of investigation of the case. It ordains that investigation shall be completed without unnecessary delay and requires the sublimation if report by S.H.O to allaqa magistrate. Police report under charge is groundless or there is no probability of being conviction there is nothing to prevent him from acquitting the accused at any stage

of the case.

While 265-k is the same power of session’s judge of acquittal when there is no probability of being conviction.

121. Define suit, pleading, valuable security....

Suit Any proceeding brought by one or more parties against another one or more parties in a court of law

Pleading is the beginning stage of a lawsuit in which parties formally submit their claims and defenses. The plaintiff submits a complaint stating the cause of action valuable security A document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that the lies under legal liability, or has not a certain legal right.

122. Where do the Offences under 1). Custom 2). Narcotics tried?

Special courts

123. What is Qusai act, expert opinion 510, bomb blast reports?

A skilled person having expertise in forensic

124. Have you appeared in High Court? Name of Learned Justice?

125. Under what provision Charge is amended?

Charge is framed under sec 227 of crpc...

126. Explain procedure of magisterial trail....!

Magisterial Trial is in sec 241-249A.

This sec is also interlink vd power of acquittal...

241) Supply of documents on the initiating of complain and policereport

242) Framing of Charge

243) Collection of evidence from prosecution.

244) evidence collected for defense of accused

245) Power of acquittal and sentence (when charge is proved)

248) withdrawal of complaint

247) absence of complainant

249 ) proceedings

249 A cognizance of magistrate over a matter

Magisterial trial defined in section 241 to 250 A crpc os the trial by magistrate

Supplying of copies

Framing of charge

Evidence from prosecution

Evidence from defence

Final arguments

Conviction or acquittal

127ever read Double innocence in Sec 417 Cr.PC ?

Accused is considered as innocent until proven guilty.. Once an accused is acquitted and appeal against acquittal is field against him.

Now presumption of double innocence is attaches with him. .he was already innocent and was also declared innocent by a trial court...

128. Who is a Hostile witness? It’s evidentiary Value?

A hostile witness, otherwise known as an adverse witness or an unfavorable witness, is a witness at trial whose testimony on direct examination is either openly antagonistic or appears to be contrary to the legal position of the party who called the witness. Art 150,151

129. Difference Between Concurrent and consecutive punishment....!

Consecutive goes one after the other.

Concurrent goes on the same time....

130. Sentence and conviction?

After a conviction in criminal (as opposed to civil) proceedings, sentencing is next. When sentenced, the convicted criminal is issued a formal judgment that usually pronounces the punishment. The convict can appeal the sentence, but a sentence usually takes effect while appeals occur. Section 173 constitutes the charge sheet.

120. Elaborate 249,249A, 265k CrPC.

The magistrate may in police case, stop the procedure at any stage and release the accused for reasons to be recorded him. This power of discharge of accused at midway stage is restricted only to police cases instituted otherwise than in private complaint.

While 249-a is embodied the law that if after hearing the prosecutor and the accused, and for reasons to be recorded, the magistrate that    charge is groundless or there is no probability of being conviction there is nothing to prevent him from acquitting the accused at any stage of the case.

While 265-k is the same power of session’s judge of acquittal when there is no probability of being conviction.

121. Define suit, pleading, valuable security....

Suit Any proceeding brought by one or more parties against another one or more parties in a court of law

Pleading is the beginning stage of a lawsuit in which parties formally submit their claims and defenses. The plaintiff submits a complaint stating the cause of action valuable security A document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that the lies under legal liability, or has not a certain legal right.

122. Where do the Offences under 1). Custom 2). Narcotics tried?

Special courts

123. What is Qusai act, expert opinion 510, bomb blast reports?

A skilled person having expertise in forensic

124. Have you appeared in High Court? Name of Learned Justice?

125. Under what provision Charge is amended?

Charge is framed under sec 227 of crpc...

126. Explain procedure of magisterial trail....!

Magisterial Trial is in sec 241-249A.

This sec is also inter link with power of acquittal...

241) Supply of documents on the initiating of complain and police report

242) Framing of Charge

243) Collection of evidence from prosecution.

244) evidence collected for defense of accused

245) Power of acquittal and sentence (when charge is proved)

248) withdrawal of complaint

247) absence of complainant

249 ) proceedings

249 A cognizance of magistrate over a matter

Magisterial trial defined in section 241 to 250 A crpc os the trial by magistrate

Supplying of copies

Framing of charge

Evidence from prosecution

Evidence from defence

Final arguments

Conviction or acquittal

127 ever read Double innocence in Sec 417 Cr.PC ?

Accused is considered as innocent until proven guilty.. Once an accused is acquitted and appeal against acquittal is field against him.

Now presumption of double innocence is attaches with him. .he was already innocent and was also declared innocent by a trial court...

128. Who is a Hostile witness? It’s evidentiary Value?

A hostile witness, otherwise known as an adverse witness or an unfavorable witness, is a witness at trial whose testimony on direct examination is either openly antagonistic or appears to be contrary to the legal position of the party who called the witness. Art 150,151

129. Difference Between Concurrent and consecutive punishment....!

Consecutive goes one after the other.

Concurrent goes on the same time....

130. Sentence and conviction?

After a conviction in criminal (as opposed to civil) proceedings, sentencing is next. When sentenced, the convicted criminal is issued a formal judgment that usually pronounces the punishment. The convict can appeal the sentence, but a sentence usually takes effect while appeals occur.

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