Law of Offence and Bail in Pakistan
50 Pages Posted: 18 Oct 2011
Date Written: October 18, 2011
The paper explains the law of offence and bail in Pakistan. The General Penal Law is Pakistan Penal Code, 1860 and the general Law of criminal Procedure is contained in the Code of Criminal Procedure, 1898. Offence has been defined as any act or omission made punishable by any law for the time being in force; it also includes any act in respect of which a complaint may be made under section 20 of the Cattle Trespass Act, 1871. Offences have been divided into cognizable and non cognizable, the former being those in which Police may arrest without warrant issued by the Magistrate and the later being those in which Police cannot arrest without such warrant. Then offences are either bailable or non-bailable. In the former bail is right of the accused in the latter it is the concession of the court considering all just principles laid down buy the superior courts in this behalf. Bail before arrest and even anticipatory bail may be granted if circumstances are such. Fundamental rights are guaranteed in Pakistan subject to law and Constitution.
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