A First Information Report (FIR) is the initial report of a cognizable offense recorded by the police. Legally, it is generally considered corroborative evidence rather than substantive evidence. It is used to corroborate the testimony of the informant or to contradict it under the Qanun-e-Shahadat Order. It does not constitute proof of the facts stated therein but serves as a vital starting point for the criminal investigation process.
3712
Which legal procedure is governed by Section 167 of the Code of Criminal Procedure (CrPC)?
Section 167 of the Code of Criminal Procedure (CrPC) provides the legal framework for the remand of an accused person to police or judicial custody when an investigation cannot be completed within twenty-four hours. This section is critical for balancing the investigative needs of the police with the fundamental rights of the accused regarding liberty and due process.
3713
Which section of the Cr.P.C. grants a private individual the authority to arrest an offender?
Section 59 of the Code of Criminal Procedure provides the legal framework under which a private person may arrest any individual who commits a non-bailable and cognizable offense in their presence. This provision empowers citizens to assist in the maintenance of public order. However, the law also requires that the person so arrested must be handed over to a police officer or taken to the nearest police station without unnecessary delay to ensure due process is followed.
3714
Which authority is responsible for conducting an inquiry as defined under Section 4(k) of the Code of Criminal Procedure?
An inquiry under Cr.P.C. section 4(k) is a formal investigation conducted by a magistrate to determine if there is sufficient evidence to proceed with a criminal prosecution. It is distinct from a police investigation, as it is conducted by a court or magistrate to ascertain facts before the commencement of a trial.
3715
Which professional is responsible for conducting a post-mortem examination following the exhumation of a body?
Exhumation is the process of digging up a buried body for the purpose of a fresh medical examination. Once the body is exhumed, the actual post-mortem examination must be performed by a qualified medical officer or a forensic pathologist. The medical officer is the only professional among the choices listed with the technical expertise required to analyze the remains and determine the cause of death.
3716
Which section of the Criminal Procedure Code authorizes the Provincial Government to transfer cases and appeals?
Section 527 of the Code of Criminal Procedure empowers the Provincial Government to order the transfer of any criminal case or appeal from one High Court to another, or from a criminal court subordinate to one High Court to another criminal court of equal or superior jurisdiction subordinate to another High Court.
3717
Which authority is empowered under Section 178 of the Cr.P.C. to issue orders regarding the transfer of cases between different Sessions Divisions?
Section 178 of the Code of Criminal Procedure grants the Provincial Government the power to direct that any cases or class of cases committed for trial in any district may be tried in any Sessions Division, provided such direction is not repugnant to any orders previously issued by the High Court.
3718
Under Section 492 of the Criminal Procedure Code, what is the official designation of the officer appointed by the Provincial Government to conduct prosecutions?
Section 492 of the Criminal Procedure Code (Cr.P.C.) empowers the Provincial Government to appoint a Public Prosecutor for conducting prosecutions on behalf of the state in any court. This officer is responsible for representing the government's interests in criminal proceedings, ensuring that the law is upheld and that the prosecution is conducted in accordance with statutory requirements and procedural fairness.
3719
Which section of the Code of Criminal Procedure governs the attachment of property belonging to a proclaimed person?
Section 88 of the Code of Criminal Procedure, 1898, provides the legal framework for the attachment of property of a person who has been proclaimed as an offender under Section 87. The court may order the attachment of any property, movable or immovable, belonging to the proclaimed person to compel their appearance.
3720
In which court is a public servant prohibited from submitting an affidavit during an inquiry, trial, or other proceeding?
Under Section 510-A of the Cr.P.C., the evidence of a public servant may be given by affidavit. However, this provision explicitly excludes the High Court from the scope of courts where such affidavits can be submitted as evidence, requiring the personal presence or other formal modes of testimony instead.