Criminal Law FAQs: Pakistan
Can I get bail for a non-bailable offence?
Yes, but it is at the court's discretion. Under Section 497 CrPC, bail for non-bailable offences depends on factors like the severity of the charge, the strength of evidence, the risk of flight, and the accused's health. Even in serious cases, bail is possible.
What should I do if I am arrested?
Remain calm and do not resist. Ask for the reason of arrest. Contact a lawyer immediately. Do not sign any documents without your lawyer present. You must be produced before a Magistrate within 24 hours of arrest. Do not give any statement to the police without legal advice.
What is the difference between cognizable and non-cognizable offences?
Cognizable offences are serious crimes where police can arrest without a warrant and must register an FIR — examples include murder, robbery, kidnapping. Non-cognizable offences are less serious crimes where police need a warrant and cannot register an FIR without Magistrate's order — examples include cheating, defamation.
How do I file a complaint if police refuse to register an FIR?
You have several options: apply to the SSP/SP in writing, file an application under Section 22-A CrPC before the Sessions Judge, file a private complaint before the Magistrate under Section 200 CrPC, or approach the High Court under Article 199 of the Constitution.
What is the punishment for Section 489-F (cheque dishonour)?
The maximum punishment is 3 years imprisonment or fine or both. The complainant must prove the cheque was issued dishonestly and was dishonoured due to insufficient funds. This offence is compoundable, meaning it can be settled between the parties.
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