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(2) Where the criminal suit lapses, for any of the reasons
mentioned in sub-section (1), no other criminal suit based,
upon the same facts shall be initiated, save in case of nonpreference of charge, or dismissal of the criminal suit.
Period of limitation of the criminal suit
38.(1) No criminal suit shall be initiated in offences having ta’zir
penalties, where the period of limitation has elapsed,
commencing from the date of occurrence of the offence,
namely :(a) ten years, in any offence, the commission of which is
punishable with death, or imprisonment for ten years, or
more ;
(b) five years, in any offence, the commission of which is
punishable with imprisonment for more than one year;
(c) two years, in any other offence.
(2) The running of the limitation period shall cease, whenever the
criminal suit is initiated .
Chapter II
Inquiry
Branch I
General Provisions
Assumption of inquiry
39.(1) Inquiry shall be by the General Crimes Police, under the
supervision and directions
of the Prosecution Bureau, in
accordance with the provisions of this Act.
(2) The Prosecution Attorney may exercise inquiry, or complete the
same, by himself, where necessity requires that, and he may, in
the same, exercise the functions and powers of the inquiror.
Stepping aside from assuming inquiry
40. No officer in charge, or Prosecution Attorney shall assume inquiry,
in any criminal suit, to which he is party, or he has a private
interest.
Record of inquiry
41.
Inquiry shall be in writing. It may, upon the approval of the
Prosecution Attorneys Bureau, be recorded or photographed, by
any means; provided that the same shall have a written summary.
42.
The record of inquiry shall contain the following :(a) any preliminary inquiries;
(b) statements of the informant, or complainant;
(c) statements of witnesses;
(d) statements of the accused;
(e) any reports, relating to the criminal suit subject of
inquiry;
Contents of record of inquiry
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