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criminal lawyer london ontario
In this research article, we will take the administrative and judicial proceedings against the offense of Criminal Court under Cr.PC 1898 and other laws in Pakistan, and what principles of management of these tribunals? We also study types of regulatory agencies and agencies, as this study support the courts in the administration of criminal justice.

Principle of administrative

Section 5 of the Code of Criminal Procedure (1898) has announced the management and the process of the crime, the criminal provisions of the PPC will be investigated and treated, and other questions under the provisions of the Criminal Procedure Code, but at a different time in remission, the prescribed form of the special procedures for regulating the manner or the place of examination and investigation of criminal trials.

1. The jurisdiction of the courts

All Criminal and Investigation Agency, under Cr.PC or special laws have their local jurisdiction for the administration of criminal justice. According to Paragraph 1 of Section 7 of Cr.P.C. Each province consists of sessions divisions, each division will be meeting for the purpose of this code, Section 7 of the Cr.PC relates to the territorial division. It stipulates that each province consists of meeting Division, and each session will be for allocation purposes, the code is a district or districts. It is the province, which is empowered to amend the boundaries or the number of individual departments and county. Under the rules, it is the provincial government to cover all districts or any part of such a district, a subdivision and the restriction of such a breakdown.

If in the opinion of a court, the knowledge of the offense, and seems to be the case in which, after the fourth column, an arrest warrant be issued in the first instance, a cause to be or has to bear, not a certain responsibility to others who are the jurisdiction. They provide that each province will consist of sitting divisions and each session will be split for purposes of the code from a district or districts. It is the provincial government, which is empowered to extend the restrictions or the number of departments and districts. Under Section 8 is for the province, in each county sub-units or a part of such a sub-district, area, and the boundary of each sub-area.

2. Subject Matter Jurisdiction

The jurisdiction of the subject matter is often vested on the subject, where special inspection agency or special court exists for the management of these crimes. The criminal investigation agency and exercise its responsibility for certain issues, the responsibility arises from special law enforceable in Pakistan.

Tribunals for the administration

There are two types of courts in Pakistan, initially under Cr.PC and others by special staging.

1. The court under Criminal Procedure Code

Chapter II of the Code of Criminal Procedure 1898 deals with the Constitution and the power of the courts and crime in the Penal Code and other laws. The number 6 has the criminal court for the purposes of prosecution of crimes. The section has three classes of courts for the purposes of prosecution of crimes. This court action and the prosecution of the crime within their jurisdiction contrary. The class of the courts and the judges of the court, meeting and "High Court" for the purposes of the application of criminal law. The power has been established to the criminal offense referred to court and other offenses, the AHS is not defined in criminal law, but also in other provisions of the laws.

2. The court under special laws

There are types of court for the purpose of prosecution is not in Pakistan Penal Code 1860, and the courts are the federal or provincial court law, necessary for the purposes of the prosecution of specific criminal offense punishable under special laws currently in force.
The type of court act under special procedures in specific laws. The purpose of the administration and provision of procedures for the prosecution of these crimes are those crimes that are known for the special and often the Criminal Procedure Code is inadequate to meet the requirement for these courts.

Nature of the criminal courts under Cr.P.C

Under Criminal Procedure Code section, next to the High Court and Court session in the context of a law other than this code for the time in force, there are two classes of justice in Pakistan.

1. District Magistrate

Pursuant to Section 10 of Cr.PC of 1898, the provincial government appoints district magistrate and state government also appoint additional district magistrate to exercise jurisdiction in one or more districts, and the additional district magistrate or the powers of district magistrate under this code or part in any other law for the time in force, as the Provincial Government directs. The paragraph 1 of Section 12 of Cr.PC of 1898 order, as many persons as they think fir to May time to time, the communities where people can exercise all or any of the powers in which it invests or under the code.

After sub-section 1, section 14 of Cr.P.C. of 1898, the provincial government may on the recommendation of the High Court, transferred to a person, all or any of the powers or conferrable by or under this code on a court judge in relation to specific cases or certain categories of cases or in relation to case, usually at the local level. As defined in this judge is a special court judge, and is used for such conditions as the provincial government, in consultation with the High Court, general or special order, direct.

2. Court of Session

Under Section 9 of Cr.PC of 1898, the provincial government shall establish a Court of Session "section for each session and for the appointment of judges of the court and also a further meeting of the division of the exercise of jurisdiction in one or more courts.

The state government is authorized, a "Court of Session for every session division and appoint judges of this court. The sub-section 3 of Section 9 empowers the state government to appoint additional session judges and the exercise of jurisdiction in one or the courts.

The meeting is a decision to set up an additional session, but in relation to the power of the two are identical. Only limiting the power of the wizard session is that judges assistant session judge may order the death penalty or imprisonment of more than seven years as cited in 1998 P.Cr.LJ 572nd

3. High Court

The high was in accordance with the Articles of the Constitution of Pakistan and also have received power of the study and under Cr.PC the 1898th In addition to these force confirmed under Cr.PC, the High Court confirmed special powers under the articles of the Constitution of Pakistan 1973 for the administration of criminal justice.

Power of the criminal courts for the administration

The jurisdiction of each statue to try crimes from the criminal statutes, either, that the Statute, court or criminal provisions.

1. Offense within the meaning of Penal Code

Pursuant to Section 28 of Cr.PC of 1898, all offenses in the criminal statutes is trying, through the judges, lecture and court and other courts, in the eighth column of the second schedule to be triable. Judge is not barred from sending the case for court hearing, although he has begun the process of recording of evidence. Legislature has contemplated that judges not only send for the study are exclusively triable by the Court of Session or High Court, but also cases in the opinion of the judges should be or should be tried by court.

It is important that this offense should be shown to be triable by such court. Offense is not on schedule to be triable by the judge, triable by judge shall have jurisdiction, 1972 P.Cr.LJ 233rd If the offense is triable by the judge, the session judge may refer the case from court to judge himself, because of lack of jurisdiction decided, PLD 1966 SC-589.

2. Offenses committed in other laws

1 of subjugation under Section 29 of Cr.PC of 1898, subject to any other law for the time it takes to enforce if a court which is already mentioned in this behalf in this Act shall be tried by court. Subjection to 2 of Section 29 of Cr.PC of 1898, if not a criminal offense will not be tried by a court, so, by High Court

A judge appointed after the code is no longer to be a judge because he has some special or additional service under special status. It is a complaint under Section 408 of the Code, a person, or attempt the first class of judges appointed under the Code of Criminal Procedure, unless the special status of the offense, the express provision that the blocking of the appeal as cited in PLD 1970 Decca 260th

Power of Administrative Punishment
Here you will find a brief description of the responsibilities vested benefits in different orders for the record.

1. Sentence, and will be meeting at the High Court

Under paragraph 1 of section 31 of Cr.PC 1898, a high court can sentence each, according to law. Under paragraph 2, or an additional session judge sitting judge can make a record, according to law, but every sentence of death by such a judge is subject to confirmation by a high court. Under Paragraph 3 of Section 31 Cr.P.C. of 1898, Assistance session is not entitled to the death penalty or imprisonment of more than seven years.

2. Sentence, the judge may

According to Paragraph 1 of Section 32, the Court of the judge may order the following rates namely, the magistrate court of the first, the imprisonment of the description, the term not exceeding three such solitary confinement, as they are, by law, and a fine of not more than fifteen thousand rupees and Arsh whipped cream, the court of the second magistrate can order detention for a period not exceeding one year, including such solitary confinement as provided by law and fine not exceeding five thousand. The Court of Magistrates of the third class can order detention for a maximum period of one month and not more than a thousand rupees fine. The StPO after enumeration of the courts by the various offenses could be tried, was to define the limits of record of the various courts can. The limits in these areas show the maximum penalty that a court may, they have nothing to do with the maximum penalty for a crime.

Administrative Agencies

1. The establishment of administrative agencies under the Code of Criminal Procedure 1898

There are two types of agencies in Pakistan and for the administration of criminal justice, first is the local police, whose implementation, too, for the prosecution. The prosecution of this offense, whose function and administrative procedures in the Code of Criminal Procedure was the 1898th

2. The establishment of agencies in the investigation of other laws

The other types of investigative and administrative procedures are in accordance with special legislation for the prosecution of criminal offenses, the provisions of special laws for the periods in force.
These agencies, their procedures in specific takeover, as the Federal Investigation Agency has its own investigative and administrative agency for the purpose of prosecuting the offense. FIA has its own administrative power and jurisdiction over the defined themes.

The administrative power of the agency during the investigation Cr.PC 1898

The police was under the Cr.PC for the purposes of the investigation of crimes, and various administrative functions are performed by the police for the administration of the criminal end.

1. Prevention

The Section 150 Cr.PC 1898 requires that for a part of the police to prevent the Commission or the omission of crime with the best of his abilities. The prevention of crime must be prevented, if the notification of the crime to the police, they are immediately obliged, she has the police for the purpose of adopting preventive measures for them. The police adopted methods of prevention of crime through the arrest of that person, if no other method is for the same purpose.

2. Investigation

Section 156 of the Cr.P.C. is related to the investigation of practices of police, when all the information submitted in connection with the Commission on the recognizable or not recognizable offense orally or in writing to the officer in the police is in the recording book for the future to tell the content of the information has resulted in him. The policemen, in whose jurisdiction the Commission recognizable criminal offense took place, and will ask to investigate the offense, but the figure was 1 o'clock-2 o'clock Section 155 of the Cr.PC, the condition that in case of non-recognizable criminal offense, He has to communicate to Magistrate for seeking permission for further investigations. Section 157 of the Cr.PC with the procedure whereby the Commission's apparent offense suspected, the police official who is obliged to local investigation, in fact and the circumstances, misconduct on the spot.

3. Search

The police can exercise their power in search of the Section 165 of Cr.PC 1898, where the reason the police to investigate any matter which falls within the jurisdiction, they can search the purpose of the investigation, but the boundary was to investigate under Bankers Book Evidence Act, the 1891st

4. Arrest

Under section 46 of Cr.P.C. 1898, the police, the arrest of persons for the purpose to prevent the commission of the offense or that the person in custody of police for the alleged commitment of crime. The section 47 of the Cr.P.C. says that where the arrest is an essential condition for the purposes of manufacturing the arrest of the person, they can search the premises where the person who purported whereabouts or hiding.

5. Determining the fees

Section 221 of the Cr.PC 1898 in connection with the setting of fees, the police photos of the costs for the offense to which the accused has committed to these describe the information that the crime was committed. There are many other formalities of the law which is required to be met, within the meaning Cr.PC provisions.

6. The inclusion of the statement and evidence

The policeman, an investigation under this chapter may, by order in writing, that is before the provisional government may be in order, how can such a verbal person should deal with the fact the case. Under Section 161 of Cr.PC 1898, the accused or the person with the act is bound to have all the answers of all questions that are asked by the police. The police may, in such a declaration, which has a written testimony during the examination by police officers.

Abstract

We have the management and the process of the crime by Criminal Court under Cr.PC 1898 and other laws in Pakistan and the fundamental principle of territorial administration and distribution subject to the responsibilities of the various courts and criminal investigation agencies. There are two types of court until the Cr.PC, others are under other laws. There are also two large investigation in Pakistan for the purpose of criminal justice administration. The process of investigation, the police Cr.PC is under FIA rules, and manage crime in accordance with the FIA Act.

The author is an advocate of the High Court and practicing immigration and corporate law in Pakistan since September 2001. Author can be contacted by Adil Law Company (Advocates and Immigration lawyers) Office No. 3 2. Flr Hafeez Chambers 85 The Mall Road Lahore Pakistan Telephone: +9242-6306195 +9242- 6360108 Fax: + 9242 6360108 Mobile: +92300 4254910 E - mail: adil.waseem @ lawyer.com