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Judgments on Code of Criminal Procedure 1898
Pakistani court judgments that consider Code of Criminal Procedure 1898, summarised in plain English, newest first. Each gives the issue, what the court held and what it means in practice, and is reviewed by an advocate.
6 judgments
Grandfather’s maintenance: present capacity is separate from past liability
Allah Rakha alias Irshad v. Province of Sindh and another
Issue: Where a child's father has died, can the paternal grandfather be ordered to pay the child's monthly and past maintenance, and what…
Held: The grandfather remained liable for monthly maintenance of Rs. 7,000: he admitted income from a bakery and brought no evidence of incapacity. But the courts below had missed the mother's earlier bond undertaking to bear the child's expenses, which was…
Art. 199, Constitution of Pakistan 1973s.14, Family Courts Act 1964s.491, Code of Criminal Procedure 1898
Under the Punjab child-marriage law, cohabitation must be shown before the heavier charge applies
Mayoon v. The State, etc.
Issue: Is a man who married a girl under 18 in April 2026 entitled to post-arrest bail, where the case was registered under…
Held: Yes. The Ordinance is a special law that deals separately with cohabitation in a child marriage: section 5 makes it child abuse (five to seven years) and deliberately uses 'cohabitation' rather than 'rape', and the marriage itself is not declared…
s.3, Punjab Child Marriage Restraint Ordinance 2026s.376, Pakistan Penal Code 1860s.4, Punjab Child Marriage Restraint Ordinance 2026s.497, Code of Criminal Procedure 1898
A child’s ‘consent’ cannot legitimise a child marriage: police must act and the girl is protected
Muhammad Aslam v. Addl. Sessions Judge/Ex-Officio Justice of Peace etc.
Issue: Was a Justice of Peace right to refuse a father's application for a criminal case over his daughter's alleged marriage below 18,…
Held: No. A NADRA child registration certificate gave her date of birth as 1 March 2011, so she was prima facie about fifteen at the Nikah on 18 May 2026, after the Punjab Child Marriage Restraint Act 2026 came into force.…
Art. 199, Constitution of Pakistan 1973s.13, Punjab Child Marriage Restraint Act 2026s.154, Code of Criminal Procedure 1898s.22-A, Code of Criminal Procedure 1898
Children taken by force are returned to the mother pending the Guardian Court
Naseem Bibi v. Addl. Sessions Judge Sheikhupura and four others
Issue: Can a Sessions Judge refuse a mother's section 491 petition only because her children (about 16, 11 and 9) are not of…
Held: No. Section 491 also covers custody that is 'improper', and the remedy is not barred because the Guardian Court is available. The mother came to court at once alleging the father had forcibly taken the children from her on 20…
Art. 199, Constitution of Pakistan 1973s.17, Guardians and Wards Act 1890s.25, Guardians and Wards Act 1890s.491, Code of Criminal Procedure 1898
A 17-year-old who refuses to live with her father cannot be forced back or kept in a shelter through habeas corpus
Muhammad Mustafa v. District Police Officer, etc.
Issue: Can a father use a habeas petition to recover his 17-year-old daughter, who says she wants to live with her maternal aunt…
Held: No. The girl told the Court she feared her stepmother and chose to live with her khala. The Punjab Protection of Women Against Violence Act 2016 can be used only with the aggrieved person's consent (s.15), and proceedings under Part…
s.15, Punjab Protection of Women Against Violence Act 2016s.4, Punjab Destitute and Neglected Children Act 2004s.491, Code of Criminal Procedure 1898
Missing section 342 statement: remand, not automatic acquittal
Noor Ahmad v. The State, etc.
Issue: If the trial court never recorded the accused's statement under section 342 Cr.P.C., must the appellate court acquit him, or can it…
Held: The appellate court can send the case back. Failing to examine the accused under section 342 Cr.P.C. vitiates the conviction as recorded, but acquittal is not automatic: section 423 Cr.P.C. lets the appellate court order a retrial from the stage…
Art. 199, Constitution of Pakistan 1973s.20, Family Courts Act 1964s.262, Code of Criminal Procedure 1898s.263, Code of Criminal Procedure 1898