Arrest with and without Warrant in Pakistan: A Legal Guide

Posted on May 3, 2024 in Law & Jurisprudence

Arrest with and without Warrant in Pakistan

Understanding Arrest Procedures

Arrest involves confining a person by a police officer or other authorized individual as per the law. It can occur with or without a warrant. The Criminal Procedure Code (Cr.P.C) grants police the authority to arrest without a warrant under specific circumstances.

Relevant Legal Provisions

The following sections of the Cr.P.C outline the procedures and conditions for arrest:

  • Section 54
  • Section 55
  • Section 56
  • Section 57
  • Section 58
  • Section 59
  • Section 64
  • Section 65
  • Section 151

Types of Arrest

There are various types of arrest, including:

  1. Arrest without warrant
  2. Arrest with warrant
  3. Citizen’s arrest
  4. Parole arrest
  5. Civil arrest
  6. Re-arrest

Circumstances for Arrest without Warrant

Police can arrest a person without a warrant under the following circumstances:

Cognizable Offence

If a person is involved in a cognizable offense, the police can arrest them without a warrant.

Possession of Housebreaking Implements

A police officer can arrest someone without a warrant if they possess housebreaking implements and there is credible information suggesting their intent to commit a crime.

Reasonable Complaint, Information, or Suspicion

Police can arrest without a warrant if there is a reasonable complaint, credible information, or reasonable suspicion that a person is involved in a cognizable offense.

Proclaimed Offender

A person against whom a proclamation has been issued can be arrested without a warrant.

Possession of Stolen Property

If someone possesses property that is reasonably suspected to be stolen, they can be arrested without a warrant.

Deserter from Armed Forces

A person suspected of deserting the armed forces of Pakistan can be arrested without a warrant.

Escape from Lawful Custody

If a person escapes or attempts to escape from lawful custody, they can be arrested without a warrant.

Obstruction of Police Duty

Anyone obstructing a police officer in the execution of their duty can be arrested without a warrant.

Conclusion on Arrest Procedures

While police have the authority to arrest without a warrant in specific situations, the Cr.P.C also empowers private citizens and magistrates to make arrests under certain conditions.

Criminal Revision: A Remedy for Miscarriage of Justice

Criminal revision is a discretionary remedy available in higher courts to rectify miscarriages of justice. It serves as a supervisory mechanism for superior courts over lower courts.

Conditions for Criminal Revision

The Cr.P.C outlines specific conditions for filing a criminal revision:

  1. Revision is not permissible if an appeal is available but not pursued. However, it can be filed directly against a non-appealable order.
  2. The decision under review must be from an inferior criminal court.
  3. There must be an error of law in the lower court’s decision, leading to a miscarriage of justice.
  4. The application for revision can be made to either the Sessions Court or the High Court Division.
  5. The court must dispose of the revision proceedings within 90 days of serving notice to the parties.

High Court Division’s Revisional Power

The Cr.P.C empowers the High Court Division to handle revision applications. In exercising this power, the High Court Division has the same authority as an Appellate Court.

Sources of Revisional Power

The High Court Division can initiate revision proceedings under the following circumstances:

  1. The High Court Division takes up the case suo motu or upon application by the parties.
  2. The case comes to the High Court Division’s attention through other sources.

Extent of Revisional Power

The High Court Division or Sessions Court can review the correctness, legality, and propriety of any finding, sentence, or order passed by lower courts. They can also examine the regularity of proceedings in lower courts. When calling for records, they may suspend sentences and grant bail to the accused pending examination. The High Court Division or Sessions Court can exercise all powers of an appellate court, including reversing lower court orders, directing further inquiry or retrial, and enhancing sentences. However, they cannot convert an acquittal into a conviction or entertain revisions against orders made by the Sessions Judge.