First information is construed as the earliest communication or intimation of crime

to the state agency, to set it in motion to under take investigation. Such information
irrespective of its brevity or length has to convey the relevant information
pertaining to the nature and place of occurrence including description of victim of
violence.
The object of section 154 of Cr.P.C. is two fold; from the point of view of information
its objection is to set the criminal law in motion, from point of view of investigation
its to collect evidence for tracing and bringing the culprits to justice.
Essential ingredients of FIR

Commission of cognizable of fence shall be reduced to writing signed by person

giving this information substance shall be entered in book.
Prior to registration of FIR, a report in daily diary of police station is recorded.
Number, time and date of such report are specially mentioned in column 1 of FIR.
Another report is entered after FIR is recorded and is allocated an independent
number in the register.
Who can lodge an FIR?

Machinery of law can be set in motion by any person who need not necessary be a
resident of locality where an offense takes place.
Evidentiary value of FIR

FIR is not a sacrosanct or substantive piece of evidence and is only information to

put machinery of law into motion However, at the same time it certainly furnishes a
clue to possible truth of the allegation against the accused, as it is the earliest
version of the prosecution case. In case of false FIR section 182 of Cr.P.C. deals with
punishment.
Supplementary statement (also known as Tatima Biyan ) is recorded u/s 161 Cr.P.C.
is not signed or thumb marked. Supplementary statement cannot be considered as
part or read as part of FIR. No provision exists in the criminal procedure code about
the supplementary statement which is always recorded in order to fill the lacuna in
prosecution case.
Delay becomes a secondary factor if eye-witness account coupled with medical
evidence inspires confidence. When explanation for delay in giving the FIR is
satisfactory the delay is not a material significance.

Second FIR is not barred in appropriate cases disclosing cognizable offense, partially
the cases of counter version. Registration of second FIR embodying the counter
version of case is neither legally barred nor can such an FIR be refused to be
registered.
Instances where FIR can be quashed:
Lawful marriage between adults.
Matter of civil nature.
Evidence not sufficient
Following are remedies against FIR, section 169, 551, 63,190,249-A and 265-K
Cr.P.C.
First information report is very important in criminal trial. In final decision of criminal
case first information report play important role.

According to Blacks Law Dictionary, summons used to notify the defendant, that
an action has been instituted against him, and that he is required to answer to it, at
a time and place named. Form of Summons Section 68 (1) of Criminal Procedure
Code tells about the form of Summons; Every summons issued by the court shall be;

In writing
Induplicate
Signed and sealed by the presiding officer of court or other person directed by High
Court.
Summon by who served Section 68 (2) says that, such summons shall be served by;

Police officer
Officer of the court
Public servant
Complainant or accused to his own witnesses upon his application to the court
Summon How Served Section 69 (1) of Cr.P.C. tell us about the method and
procedure of serving summons

Served personally on the person summoned by delivering or tendering to him one of

the duplicate of summons, if practicable, such person shall sign a receipt on the
back of other duplicate summons.
Service of an incorporated company or other body corporate
Service on govt. employee, or a servant of state
Substituted service or service when person summoned cannot be found
In such case summons must be served to adult male member of his family with his
sign on duplicate
Procedure when service cannot be affected

The serving officer shall affix one of the duplicates of summons to some
conspicuous part of the house of homestead of person where he ordinary resides.
Service of summons outside the local limits; in such case summons send to the
concerned magistrate
Arrest without Warrant Section 54 of Criminal Procedure Code deal with procedure
about arrest without warrant. Arrest may be affected with or without warrant.
Schedule 2, column 2 of Cr.P.C. specifies the cases in which arrest may be made
without warrant. Any police officer may without an order of magistrate and without
warrant arrest in following nine cases;

Person concerned in any cognizable offence or against whom a reasonable

complaint, credible information or reasonable suspicion for cognizable offence.
Person in possession of implement of house-breaking
Proclaimed offender
Person in possession of stolen property
Person obstructing police officer
Deserter from armed forces
Person apprehended under extradition law/concerned in offence committed outside
Pakistan
Released convict committing break of any rule under section 565 (3) of Cr.P.C.
Person for whose arrest a requisition has received from another police officer
Arrest by Officer in charge of Police Station under section 55 of Cr.P.C An officer in
charge of police station may in like manner arrest or cause to be arrested;

Person trying to conceal himself

Person who ahs ostensible means of subsistence
Habitual offender, habitual robber, house breaker, thief or who commits extortion
Arrest by private person under section 59 Cr.P.C

Any private person may arrest any person who;

Committed non-bailable offence

Proclaimed offender

INTRODUCTION

RELEVANT PROVISIONS
Following are the relevant provisions of the concerned topic;
Sections 87, 88, 89 of CrPC
MEANING OF ABSCONDER
Absconder is a person who intentionally avoids or conceals himself for the purpose
of avoiding the execution of the warrant.
PROCLAMATION FOR PERSON ABSCONDING U/SEC 87

I-

CONDITIONS FOR PROCLAMATION

Before issuing proclamation, following conditions must be satisfied;

i)

ii)

iii)

IIiiiiii-

Issuance Of Warrant

Abscondance Of Person

Satisfaction Of Court

CONTENTS OF PUBLICATION
Name and Address of Absconder
Offence in which he is required
Statement requiring that he must appear before the court

ivSpecification of date not less than 30 days from the date of its
publication for the appearance of the absconder.
III-

MANNER OF PROCLAMATION

The proclamation shall be published in the following manner;

III-

Publicly read
Affixation at some conspicuous part of home of accused

III-

Affixation of copy at the court

IV-

WRITTEN STATEMENT BY COURT U/SEC 87(3)

INTRODUCTION
RELEVANT PROVISIONS
Section 68 to 89 CrPC.
DEFINITION OF PROCESS
Darsby Vs. Dannaby
Process is defined as any means used by court to compel appearance of a
defendant before it or a compliance with its demand.
MODES TO COMPEL APPEARANCE
Following are the modes to compel appearance of a person
i- Summons
ii- Warrant of Arrest
iii- Proclamation for Person Absconding
SUMMON
I- DEFINITION
II- FORM OF SUMMONS
The summons issued by a court shall be
i- In writing
ii- In duplicate
iii- Signed and sealed by the presiding officer of the court
iv- It should mention the time and place of the office committed
III- SUMMONS BY WHOM SERVED
Following persons can serve the summons
i- Police Officer
ii- By an officer, subject to such rules as the Provincial Govt. may prescribe.
iii- At the request of complainant or accused, the court may allow to serve the
summons on his own.
IV- SUMMONS HOW SERVED

Following procedure shall be adopted

A) PERSONAL SERVICE
B) SERVICE ON AN INCORPORATED COMPANY OR OTHER BODY
C) SERVICE WHEN PERSON SUMMONED CANNOT BE FOUND
D) SERVICE ON GOVT. EMPLOYEE
E) SERVICE OUT SIDE LOCAL LIMITS
WARRANT OF ARREST
I- FORM
The warrant of arrest issued by a court shall be in the following form
i) In writing
ii) Signed by the presiding officer of the court, or
iii) In case of bench of magistrate, by any member of such bench
iv) It must bear the seal of the court
II- COURT MAY DIRECT SECURITY TO BE TAKEN
Where the warrant directs the release of the arrested person on furnishing security,
the warrant must comply the requirements as under
i) Number of sureties
ii) The amount in which they and the person for whose arrest the warrant issued are
to be respectively bound.
iii) The time at which he is to attended the court.
III- WARRANT TO WHOM DIRECTED
The warrants are to be directed to the following persons
i) Police Officer
ii) If no police officer is immediately available than the court may direct it to any
other person or persons.
CONTENTS OF WARRANT
Following are the important contents of the warrant

i) Nam of court
ii) Name of police officer
iii) Offence
iv) Place where offence has committed
v) Seal of the court
vi) Signed by the presiding officer
vii) Name and Address of the accused
PROCLAMATION FOR PERSON ABSCONDING
I- CONTENTS
i- Name and address of the absconder
ii- Offence in which he is required
iii- Statement requiring that he must appears before the court
iv- Specification of place where he has to appear
v- Specification of date not less than 30 days from the date of its publication for the
appearance of the absconder.
II- MANNER OF PUBLICATION
The proclamation shall be published in the following manner
a) PUBLICLY READ
b) AFFIXATION AT SOME CONSPICUOUS PART OF HOME
c) AFFIXATION OF COPY AT THE COURT
III- WRITTEN STATEMENT OF COURT
A magistrate should make the endorsement or written statement validating the
proclamation