Under Section 167 of the Criminal Procedure Code (CrPC), when a Magistrate authorizes the detention of an accused in police custody, they are legally mandated to record their reasons for such an order. This requirement serves as a judicial safeguard against arbitrary detention and ensures that the Magistrate has applied their mind to the necessity of police custody for the purpose of investigation.
3642
What is the legal scope of Section 167 of the Code of Criminal Procedure?
Section 167 of the Cr.P.C governs the procedure when an investigation cannot be completed within twenty-four hours. It provides the legal framework for the police to seek judicial remand, allowing the Magistrate to authorize the detention of the accused in police or judicial custody for further investigation.
3643
Through which official must the wages of prisoners released on parole be disbursed by their employers?
The Parole Officer is the designated authority responsible for supervising individuals released on parole. To ensure compliance with the terms of parole and the welfare of the individual, the law mandates that wages earned by the parolee must be channeled through the Parole Officer. This oversight mechanism helps maintain accountability and ensures that the parolee is gainfully employed and adhering to the conditions set by the relevant authorities.
3644
On what date was the Code of Criminal Procedure, 1898, officially enacted?
The Code of Criminal Procedure, 1898, was enacted on March 22, 1898. This legislation replaced the earlier codes and established the procedural framework for criminal justice that remains largely in force in Pakistan today. It provides the rules for the investigation of crimes, the conduct of trials, and the execution of sentences by the judiciary.
3645
What is the name of the bone located in the neck region of the human body?
The hyoid bone is a horseshoe-shaped bone situated in the anterior midline of the neck between the chin and the thyroid cartilage. It is unique because it is the only bone in the human body that is not articulated to any other bone, being held in place by muscles and ligaments.
3646
Under which section of the Code of Criminal Procedure is a formal charge framed by a Magistrate?
Section 242 of the Code of Criminal Procedure (CrPC) mandates that when an accused person is brought before a Magistrate for trial in a summons case or warrant case, the Magistrate shall state the particulars of the offense of which the accused is charged. This process is commonly referred to as the 'framing of charge', which initiates the formal trial proceedings.
3647
Under Section 4(I) of the Cr.P.C, who is authorized to conduct an investigation?
According to Section 4(I) of the Code of Criminal Procedure, an investigation includes all proceedings 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. It is a critical stage in the criminal justice process aimed at gathering facts to determine if a crime has been committed.
3648
In the standard police challan form, what does Column No. 3 represent?
The police challan, or report under Section 173 of the CrPC, is structured to provide specific details about the accused. Column 3 is designated for recording the particulars of the accused who are currently in custody or under arrest. This is a crucial administrative requirement for the court to track the status of individuals detained during the investigation phase.
3649
Under Section 164 of the Code of Criminal Procedure, which party must be granted the opportunity to cross-examine a witness whose statement has been recorded by a Magistrate?
Section 164 CrPC pertains to the recording of confessions and statements by a Magistrate during investigation. Since these statements are often used against the accused during trial, the accused is the party entitled to challenge the veracity of such statements through cross-examination once the witness is produced in court.
3650
Which section of the Code of Criminal Procedure (Cr.P.C.) authorizes a police officer to arrest a person without a warrant if they have a design to commit a cognizable offense?
Section 151 of the Code of Criminal Procedure (Cr.P.C.) grants police officers the power to arrest, without a warrant or magistrate's order, any person who has a design to commit a cognizable offense, provided that the officer believes such an arrest is necessary to prevent the commission of the offense.