Q no.

1 Habeas Corpus:

1. Introduction:
2. Applicable law: u/Sec: 491 of Cr.PC, 1898
3. Cross Reference: Article 4, 9, 199, 184(3)
4. Diagrammatical representation: (Habeas means to produce, Corpus means body)
5. Authority to issue Habeas Corpus: High Court
6. Powers of High Court while issuing Habeas Corpus u/ Sec 491
a. Person be brought to court
b. Person be set at liberty
c. Examination of prisoner
d. Prisoner be sent to jail
e. Power to transfer prisoner
f. Power to investigate detaining authority
7. Condition to invoke Section 491: Criminal Appellate Jurisdiction of High Court
8. Object of Habeas Corpus: To enable petitioner’s freedom and immediate determination of rights
9. Habeas Corpus, an extraordinary power
10. Habeas Corpus_ Discretionary
11. Modes of exercising Habeas Corpus: i. Suo Motu ii. On application of aggrieved person
12. Who may file application u/Sec:491. i. Person himself ii. Legal representative iii. His advocate
13. Time for filing application: Where infringement of concerned rights, at once can file it.
14. Exception to Habeas Corpus: i. Detention in accordance with law. Ii. No Criminal appellate jurisdiction
iii. Judgement of Competent Court.
15. Delegation of Power: High Court may delegate to i. Session Judge ii. Additional Session Judge
16. Conclusion:

Q no.2 Law of Twice Vexation

1. Introduction
2. Applicable law: u/Sec: 403
3. Cross Reference: i. Art: 13 of C.o.P, 1973 ii. Sec: 11 of CPC, 1908 iii. Sec: 26 of GCA, 1897
4. Principle laid down by maxim
5. Relevant Doctrine: Nemo Debet bis Vexari Proeadem Cuasa
6. Essentials to invoke Sec: 403
a. Previously instituted trial
b. Subsequent suit/trial
c. Same offence in both trials
d. Previous trial before competent Court
e. Previous trial must have ended
f. Resulted into conviction or acquittal
7. Object of double jeopartdy: Protect fundamental rights of public
8. Where twice vexation may be awarded:
a. Distinct offences for which charge could be made
b. When consequences cause different offence
c. Where previous court not competent
d. Second complaint after withdrawal of first
e. Departmental inquiry
f. Successive Police investigation
g. Express provision of law
9. Conclusion:
Q No. 3 Bail in Non-bailable offences

1. Introduction:
2. Applicable law: Sec: 496 to 498-A
3. Definition of Bail: 2008 SCMR 182 (Jan) ‘Bail is a discretionary relief by court for release of accused
till final conviction or acquittal’
4. Cases for grant of bail: i. Bailable offences ii. Non Bailable offences
5. Grant of bail in non-bailable offences: Offences shown in Column 5, Second Schedule. As a general
rule bail not granted.
6. Classification of Non-Bailable offences i. In prohibitory clause ii. Not in prohibitory clause
7. What is Prohibitory Clause: Sec: 497 ‘Where offence punishable with death, imprisonment for life or 10 years’
8. Bail for offences not falling in prohibitory clause: As a general rule granted but not as matter of right
9. Bail for offences falling in prohibitory clause
a. General Rule: Bail shall not be granted
b. Exception: i. Child below 16 ii. Any woman iii. Any sick person iv. Any infirm person
10. Grant of Bail as a matter of right
a. Cases of further inquiry
b. No reasonable ground for commission of offence
c. Reasonable doubt against commission of offence
11. Matters considered for granting bail
a. Likelihood of abscondance
b. Apprehension that accused may temper evidence
c. Danger of repeating offence
d. Previous convict
12. Reasons for granting bail: Must be recorded
13. Cancellation of Bail: Court granting bail has authority to cancel it.
14. Conclusion.

Q No. 4 Bail before arrest

1. Introduction
2. Applicable law u/Sec: 497,498
3. Bail before arrest_ connotation of: Bail granted before arrest when accused physically surrenders him
4. Forum for bail before arrest: Only be granted by High Court or Court of Session
5. Bail Before Arrest u/Sec 498 Relief claimed u/sec 498 is called bail before arrest
6. Conditions for grant of Bail before arrest
a. Apprehension of imminent arrest
b. Otherwise a fit case
c. Petitioner Physically surrenders himself
d. Petitioner to ensure physical surrender of person claiming bail
e. Petition before session court
f. Registration of FIR necessary for pre-arrest bail
7. Bial before arrest in Bailable offences: Granted as general rule
8. Bail before arrest in non-bailable offences: i. In : May be granted
9.
10.

11.
Medical Jurisprudence:

Q No. 1 Medical Legal Report

1. Introduction: Prepared by medical officer on requisition of police officer usually in criminal cases.
2. Medical Legal Report_ Connotation of: Prepared by doctor in criminal cases like injuries, rape, murder
3. Examples of MLR: age certificate, post-mortem, dying declaration, mental fitness, sexual offence etc.
4. Parts of MLR: i. Facts collected in examination ii. Opinion drawn from facts
5. Object of MLR: Help investigation in criminal matters involving medical questions
6. Rules of MLR:
a. Based on facts
b. Must avoid technicality
c. Simple and brief
d. Prepared by authorized officer
e. State date time and place of examination
f. Identification of body
g. Description of injuries
h. Cause and time of death
i. Weapon used
7. Importance of MLR GBE CC AAAA
a. Guilt of accused
b. Basis of investigation
c. Expert Evidence
d. Contradiction of cross examination
e. Corroboration of substantive evidence
f. Ascertainment of Cause of death
g. Ascertainment of time of death
h. Ascertainment of injuries
i. Ascertainment of weapon used
8. Authorized officer for MLR: Authorized by Provincial Govt. at Sub-District level
9. Conclusion