8 CrPC words you must know cold.

Flashcards 1 to 3.

From section 4(1), Code of Criminal Procedure, 1898.

• Cognizable offencePolice may arrest without warrant, under Schedule II or any other law. (s.4(1)(f))
• Non-cognizablePolice may not arrest without warrant. (s.4(1)(n))
• BailableShown as bailable in Schedule II or made bailable by another law. Every other offence is non-bailable. (s.4(1)(b))

Flashcards 4 to 6.

The three words students mix up most.

• ComplaintAn allegation to a Magistrate, orally or in writing, for action. Not a police report. (s.4(1)(h))
• InvestigationCollecting evidence, by a police officer or a person (not a Magistrate) authorised by a Magistrate. (s.4(1)(l))
• InquiryEvery inquiry, other than a trial, by a Magistrate or Court. (s.4(1)(k))

Flashcards 7 and 8.

Short, and asked every year.

• OffenceAny act or omission made punishable by any law in force. (s.4(1)(o))
• Judicial proceedingAny proceeding in which evidence is or may be legally taken on oath. (s.4(1)(m))

Test yourself.

Cover the answer. Swipe to check.

• A. A complaint
• B. Not a complaint
• C. A charge

Answer: B. Not a complaint.

The definition excludes it in terms.

“the allegation made orally or in writing to a Magistrate, with a view to his taking action, under this Code that some person whether known or unknown, has committed an offence, but it does not include the report of a police officer.”

Code of Criminal Procedure, 1898 · Section 4(1)(h), "Complaint"

Pair them to remember.

Learn the contrast, not just the word.

• Cognizable or notCan police arrest without a warrant?
• Bailable or notDoes Schedule II (or another law) make it bailable?
• Investigation or inquiryPolice collecting evidence, or a Magistrate or Court inquiring.

Stuck on a section? Ask FAI.

It answers with the exact clause and the judgments that explain it.

• Difference between inquiry and investigation under the CrPC, with case law.
• Is the offence under section 379 PPC cognizable and bailable?

Example questions

What this does not mean

• A police report is not a complaint. The definition in s.4(1)(h) excludes it in terms.
• A Magistrate does not investigate. Investigation is by a police officer or a person, not a Magistrate, authorised by a Magistrate (s.4(1)(l)).
• Bailable status comes only from Schedule II or another law. Every other offence is non-bailable (s.4(1)(b)).

Questions people ask

Sources

• Code of Criminal Procedure, 1898 · Section 4(1)(h)
  "Complaint" Pakistan Code