CODE OF CRIMINAL PROCEDURE , 1898

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PART I

PRELIMINARY

CHAPTER-1

  1. Short title and Commencement:

Extent.

  1. (Repealed)
  2. References to Code of Criminal Procedure and other repeated enactments.

Expressions in former Acts.

  1. Definitions.

Words referring to acts

Words to have same meaning as in Pakistan Penal Code.

  1. Trial of offences under Penal Code.

Trial of offences against other laws

PART II

CONSTITUTION AND POWERS OF CRIMINAL COURTS

AND OFFICES

CHAPTER II

OF THE CONSTITUTION OF CRIMINAL COURTS

AND OFFICES

  1. Classes of Criminal Courts
  2. Classes of Criminal Courts and Magistrates.
  3. Territorial Divisions
  4. Sessions divisions and districts.

Power to alter divisions and districts.

Existing divisions and districts maintained till altered.

  1. Power to divide districts into subdivisions.

Existing sub-divisions districts maintained.

C—Courts and offices

  1. Court of Session.
  2. District Magistrates.
  3. Officers temporarily succeeding to vacancies in office of District Magistrate.
  4. Subordinate Magistrates.

Local limits of their jurisdiction.

  1. Power to put [Executive Magistrate] in charge of sub-divisions

Delegation of powers to District Magistrate.

  1. Special Judicial and Executive Magistrates.
  2. Benches of Magistrates,

Powers exercisable by Bench in absence of special direction.

  1. Power to frame rules for guidance of Benches.
  2. Subordination of Judicial Magistrates and Benches to Sessions Judge.

Subordination of Executive Magistrates to District Magistrate.

Subordination of Executive Magistrates to Sub- Divisional Magistrate.

Subordination of Assistant Sessions Judges to Sessions Judge

D.—Courts of Presidency Magistrates

18-21 [Omitted].

E.—Justices of the Peace

  1. Justice-of the peace for the mufassil.

Punjab Amendment

  1. Appointment of Justices of the Peace.

22-A. Powers of Justices of the Peace.

22-B. Duties of Justices of the Peace.

23-24. [Repealed].

  1. Ex-Officio Justices of the Peace.

F.—-Suspension and Removal

26-27 [Repeated].

CHAPTER III

POWERS OF COURTS

A—Description of offences cognizable by each Court

  1. Offences under Penal code
  2. Offences tinder other laws.

29-A. [emitted],

29-B. Jurisdiction in the cases of juveniles.

  1. Offences not punishable with death.
  2. Sentences which may be passed by Courts of various Classes.
  3. Sentences which High Court and Sessions Judges may pass.
  4. Sentences which Magistrates may pass.
  5. Power of Magistrates to sentence to imprisonment in default of fine.
  6. Higher powers of certain District Magistrates.

34-A. [Omitted].

  1. Sentence in case of conviction of several offences at one trial.

Maximum term of punishment

  1. —Ordinary and Additional Powers
  2. Ordinary powers of Magistrates. .
  3. Additional powers Conferrable on Magistrates.
  4. Control of District Magistrate’s investing power.

D.—Conferment, Continuance and Cancellation of Powers

  1. Mode of conferring powers.
  2. Powers of officers appointed.
  3. Powers may be cancelled.

PART III

GENERAL PROVISIONS

CHAPTER IV

OF AID AND INFORMATION TO THE MAGISTRATES, THE POLICE AND PERSONS

MAKING ARRESTS

  1. Public when to assist Magistrate and Police.
  2. Aid to person, other than police officer, executing warrant.
  3. Public to give information of certain offences.
  4. Villageheadman, accountants, landholders and others bound to report certain

matters.

Appointment of village headmen by District Magistrate or Sub-Divisional, Magistrate in

certain cases for purposes of this section.

CHAPTER V

OF ARREST, ESCAPE AND RETAKING

A.—Arrest generally

  1. Arrest how made. .

Resisting endeavour to arrest.

  1. Search of place entered by person sought to be arrested.
  2. Procedure where ingress not obtainable.

Breaking open zenana.

  1. Power to break open doors and windows for purposes of liberation.
  2. No unnecessary restraint.
  3. Search of arrested persons.
  4. Mode of searching women.
  5. Power to seize offensive weapons.

B.–Arrest without Warrant

  1. When police may arrest without warrant.
  2. Arrest of vagabonds, habitual robbers, etc.
  3. Procedure when police-officer deputes subordinate to arrest without warrant.
  4. Refusal to give name and residence.
  5. Pursuit of offenders into other jurisdiction.
  6. Arrest by private persons and procedure on such arrest.
  7. Person arrested to be taken before Magistrate or officer incharge of police-station.
  8. Persons arrested not to be detained more than twenty-four hours.
  9. Police to report apprehensions.
  10. Discharge of person apprehended.

64: Offence committed in Magistrate’s presence.

  1. Arrest by or in presence of Magistrate.
  2. Power, on escape, to pursue and retake.
  3. Provisions of Sections 47, 48 and 49 to apply to arrest under Section 66.

CHAPTER VI

OF PROCESSES To COMPEL APPEARANCE

A —Summons

  1. Form of summons.

Summons by whom served.

  1. Summons how served.

Signature of receipt for summons.

  1. Service when person summoned cannot be found.
  2. Procedure when service cannot be effected as before provided.
  3. Service on servant of State or of Railway Company.
  4. Service of summons outside local limits.
  5. Proof of service in such cases and when serving officer not present.

B:— Warrant of Arrest

  1. Form of warrant of arrest.

Continuance of warrant of arrest.

  1. Court may direct security to be taken.

Recognizance to be forwarded.

  1. Warrants to whom directed

Warrants to several persons.

  1. Warrant may be directed to landholders, etc.
  2. Warrant directed to police officer.
  3. Notification of substance of warrant.
  4. Person arrested to be bought before Court without delay.
  5. Where warrant may be executed.
  6. Warrant forwarded for execution outside / jurisdiction.
  7. Warrant directed to police officer for execution outside jurisdiction.
  8. Procedure on arrest of person against whom warrant issued.
  9. Procedure by Magistrate before whom person arrested is brought.

86-A. Procedure for removal in custody to Tribal Areas.

C.—Proclamation and Attachment

  1. Proclamation for person absconding.
  2. Attachment of property of person absconding.
  3. Restoration of attached property.

D.—Other Rules regarding Processes

  1. Issue of warrant in lieu of or in addition to summons.
  2. Power to take bond for appearance.
  3. Arrest by breach of bond for appearance.
  4. Provisions of this Chapter general applicable to summons and warrants of arrest.-

E— Special Rules regarding processes issued for service or execution outside Pakistan and processes received from outside Pakistan for service or execution within Pakistan

93-A. Sending of summons for service outside Pakistan.

93-B. Sending of warrants for execution outside Pakistan.

93-C. Service and execution in Pakistan of processes received from outside Pakistan.

CHAPTER VII

OF PROCESSES TO COMPELL THE PRODUCTION OF DOCUMENTS

AND OTHER MOVABLE PPORERTYAND FOR THE DISCOVERY OF

PERSONS WRONGFULLY CONFINED

A.—Summons to produce

  1. Summons to produce document or other thing.
  2. Procedure as to letters and telegrams.

B-Search-warrants

  1. When search warrant may be issued.
  2. Power to restrict warrant.
  3. Search of house suspected to contain stolen property, forged documents, etc.
  4. Disposal of things found in search beyond, jurisdiction.

99-A. Power to declare certain publications & forfeited and to issue search-warrants for

the same,

99-B. Application to High Court to set aside order of forfeiture.

99-C. [Omitted].

99-D. Order of [High Court] setting aside forfeiture.

99-E. Evidence to prove nature or tendency of newspaper.

99-F. Procedure in High Court.

99-G. Jurisdiction barred.

C.—Discovery of persons wrongfully confined

  1. Search for persons wrongfully confined.
  2. General Provisions relating to Searches
  3. Direction, etc. of search warrants.
  4. Persons incharge of closed place to allow search.
  5. Search to be made in presence of witnesses.

Occupant of place searched may attend.

E– Miscellaneous

  1. Power to impound document, etc., produced.
  2. Magistrate may direct search in his presence.

PART IV

PREVENTION OF OFFENCES

CHAPTER VIIl

OF SECURITY FOR KEEPING THE PEACE AND FOR GOOD

BEHAVIOUR

  1. —Security for keeping the Peace on Conviction
  2. Security for keeping the peace on conviction.
  3. —Security for Keeping the peace in other cases and security

for good Behaviour

  1. Security for keeping the peace in other cases.

Procedure if Magistrate not empowered to act under sub-section (1),

  1. Security for good behaviour from persons disseminating seditious matter.
  2. Security for good behaviour from vagrants and suspected persons.
  3. –Security for good behaviour from habitual offenders.
  4. Proviso as to European vagrants: [Repeated].
  5. Order to be made.
  6. Procedure in respect of person present in Court.
  7. Summons or warrant in case of person not so present.
  8. Copy of order under Section 112 to accompany summons or warrant.
  9. Power to dispense with personal attendance.
  10. Inquiry as to truth of information
  11. Order to give security.
  12. Discharge of person informed against.

C.—Proceedings in all cases subsequent to order to furnish

security

  1. Commencement of period for which security is required.
  2. Contents of bond.
  3. Power to reject sureties.
  4. Imprisonment in default of security.

Proceedings when to be laid before High Court or Court of Session.

Kind of imprisonment.

  1. Power to release persons imprisoned for failing to give security.

125: Power to District Magistrate to conceal any bond for keeping the peace or good

behaviour.

  1. Discharge of sureties.

126-A.Security for un-expired period of bond.

CHAPTER IX

UNLAWFUL ASSEMBLIES

[AND MAINTENANCE OF PUBLIC PEACE AND SECURITY]

  1. Assembly to disperse or command of Magistrate or police-officer.
  2. Use of civil force to disperse.
  3. Use of military force.
  4. Duty of officer commanding troops required by Magistrate to disperse assembly.
  5. Power of commissioned,, military officer to disperse assembly.

131-A.Power to use military force for public security and maintenance of law and order.

  1. Protection against prosecution for acts done under this Chapter.

132-A. Definitions.

CHAPTER X

PUBUC NUISANCES

  1. Conditional order for removal of nuisance.
  2. Service or notification of order.
  3. Person to whom order is addressed to obey or show cause or claim Jury.
  4. Consequence of his failing to do so:
  5. Procedure where he appears to show cause.
  6. Procedure when he claims jury.
  7. Procedure where jury finds Magistrate’s order to be reasonable.

139-A. Procedure where existence of public right is denied.

  1. Procedure on order being made absolute.

Consequences of disobedience to order.

  1. Procedure on failure to appoint Jury or omission to return verdict.
  2. Injunction pending inquiry
  3. Magistrate may prohibit repetition or continuance of public nuisance.

CHAPTER XI

TEMPORARY ORDERS IN URGENT CASES OF NUISANCE OR

APPREHENDED DANGER

  1. Power to issue order absolute at once tri urgent cases of nuisance or apprehended

danger.

CHAPTER XII

DISPUTES AS TO IMMOVABLE PROPERTY

  1. Procedure where dispute concerning land. etc. is likely to cause breach of peace.

Inquiry as to possession.

Party in possession to retain possession until legally evicted.

  1. Power to attach subject of dispute.
  2. Dispute concerning rights .of use of immovable property, etc.
  3. Local inquiry.

Order as to costs,

CHAPTER XIII.

PREVENTIVE ACTION OF THE POLICE

  1. Police to prevent cognisable offences.
  2. Information of design to commit such offences.
  3. Arrest to prevent such offences.
  4. Prevention of injury to public property.
  5. Inspection of weights and measures.

PART V

INFORMATION TO POLICE AND THEIR POWERS TO INVESTIGATE

CHAPTER XIV

  1. Information in cognizable cases.
  2. Information in non-cognizable cases.

Investigation into non-cognizable eases.

  1. Investigation into cognizable cases.
  2. Procedure where cognizable offence suspected.

Where local investigation dispensed with.

Where police-officer incharge sees no sufficient ground for investigation.

  1. Reports under Section 157 how submitted.
  2. Power to hold investigation or preliminary inquiry.
  3. Police-officer’s power to require attendance of witnesses. .
  4. Examination of witnesses by potted;
  5. Statements to police not to be signed, use of such statements in evidence.
  6. No inducement to be offered.
  7. Power to record statements and confessions.
  8. Search by police officer.
  9. When officer incharge of police station may require another to issue search warrant.
  10. Procedure when investigation cannot be completed in twenty-four hours.
  11. Report of investigation by subordinate police officer.
  12. Release of accused when evidence deficient.
  13. Case to be sent to Magistrate when evidence is sufficient.
  14. Complainants and witnesses not to be required to accompany police-officer.

Complainants and witnesses not to be subjected to restraint.

Recusant complainant, witness may be forwarded in custody.

  1. Diary of proceedings in investigation.
  2. Report of police officer.
  3. Police to inquire to report in suicide, etc.
  4. Power to summon persons.
  5. Inquiry by Magistrate into cause of death.

Power to disinter, corpses.

PART VI

PROCEEDINGS IN PROSECUTIONS

CHAPTER XV

OF THE JURISDISTION OF THE CRIMINAL COURTS OF INQUIRES AND

TRIALS

A-Place of Inquiry or trial

  1. Ordinary place of inquiry and trial.
  2. Power to order, cases to be tried in different sessions divisions.
  3. Accused triable in district where act is done or where consequence ensues.
  4. Place of trial where act is offence by reason of relation to other offence.
  5. Being a thug or belonging to a gang of dacoits, escape from custody etc.

Criminal misappropriation and criminal breach of trust.

Theft, Kidnapping and abduction.

  1. Place of inquiry or trial where scene of offence is uncertain or not in one district only

or where offence is continuing or consists of several acts.

  1. Offence committed on a journey.
  2. Offence against Railway, Telegraph, Post Office & Arms Act.
  3. High Court to decide in case of doubt, district where inquiry or trial shall take place.
  4. Power to issue summons or warrant for offence committed beyond local jurisdiction.

Magistrate’s procedure on arrest.

  1. Procedure where warrant issued by subordinate Magistrate.
  2. Liability of offences committed outsidePakistan.

Political Agents to certify fitness of inquiry into charges.

  1. Power to direct copies of depositions and exhibits to be received in evidence.
  2. -Conditions requisite for initiation of proceedings
  3. Cognizance of offence by Magistrates.
  4. Transfer on application of accused.
  5. Transfer of cases by Magistrate.
  6. Cognizance of offences by Courts of Session.
  7. Cognizance of offences by High Court.
  8. No Courtshall take cognizance:

Prosecution for contempt of lawful authority of public servants.

Prosecution for certain offences against public justice.

Prosecution for certain offences relating to documents given in evidence.

  1. Prosecution for offences against the State.

196-A. Prosecution for certain classes of criminal conspiracy.

196.-B. Preliminary inquiry in certain cases.

  1. Prosecution of Judges and public servants.

Power of president or Governor as to prosecution.

  1. Prosecution for breach of contract, defamation and offences against marriage.

198-A. Prosecution for defamation against public servants in respect of their conduct in

the discharge of public functions.

  1. Prosecution for adultery or enticing a married woman.

199-A. Objection by lawful guardian to complaint by person other than person aggrieved.

199-B. Form of authorisation under second proviso to Section 198 or 199.

CHAPTER XVI

OF COMPLAINTS TO MAGISTRATES

  1. Examination of complainant.
  2. Procedure by Magistrate not competent to take cognizance of the case.
  3. Postponement of issue of process.
  4. Dismissal of complaints.

CHAPTER XVII

OF THE COMMENCEMENT OF PROCEEDINGS BEFORE COURT

  1. Issue of process.
  2. Magistrate may dispense with personal attendance of accused.

CHAPTER XVIII

OF INQUIRY INTO CASES TRIABLE BY THE COURT OF SESSION OR HIGH COURT

206 to 220. (Omitted)

CHAPTER XIX

OF THE CHARGE

Form Of Charges

  1. Charge to state offence.

Specific name of offence sufficient description.

How stated where offence has no specific name.

What implied in charge.

Language of charge.

Previous conviction when to be set out.

  1. particulars as to time, place and person.
  2. When manner of committing offence must be stated.
  3. Words in charge taken in sense of law under which offence is punishable.
  4. Effect of errors.
  5. [Omitted].
  6. Court may alter charge.
  7. When trial may proceed immediately after alteration.
  8. When new trial may be directed or trial suspended.
  9. Stay of proceedings if prosecution of offence in altered charge require previous sanction.
  10. Recall of witnesses when charge altered.
  11. Effect of material error.

Joinder of charges

  1. Separate charges for distinct offences.
  2. Three offences of same kind within year may be charged together.
  3. Trial for more than one offence.

Offence falling within two definitions.

Acts constituting one offence, but constituting when combined a different offence.

  1. When it is doubtful what offence has been committed.
  2. When a person is charged with one offence, he can be convicted of another.
  3. When offence proved included in offence charged.
  4. What persons may be charged jointly.
  5. Withdrawal of remaining charges on conviction on one of several charges.

CHAPTER XX

OF THE TRIAL OF CASES BY MAGISTRATES

  1. Procedure in trial of cases.

241-A. Supply of statements and documents to the accused.

  1. Charge to be framed.
  2. Conviction on admission of truth of accusation.
  3. Procedure when no such admission is made.

244-A. Statement made under Section 164.

  1. Acquittal.

Sentence.

245-A. Procedure in cases of previous convictions.

  1. [Omitted].
  2. Non-appearance of complainant.
  3. Withdrawal of complaint.
  4. Power to stop proceeding when no complaint.

249-A. Power of Magistrate to acquit accused at any stage.

Frivolous Accusations in cases tried by Magistrate

  1. False, frivolous or vexatious accusations.

250-A. Special summons in case of petty offences.

CHAPTER XXI

OF THE TRIAL OF WARRANT CASES BY MAGISTRATES

251-259. [Omitted].

CHAPTER XXII

OF SUMMARY TRIALS

  1. Power to try summarily.
  2. Power to invest Bench of Magistrates invested with less powers.
  3. Procedure prescribed in Chapter XX applicable.

Limit of imprisonment.

  1. Record in cases where there is no appeal.
  2. Record in appealable cases.
  3. Language of record and judgment.

Bench may be authorized to employ clerk.

CHAPTER XXII-A

TRIALS BEFORE HIGH COURTS AND COURTS OF SESSION

265-A. Trials before Court of Session to be conducted by Public Prosecutors.

265-B. Procedure in cases triable by High Courts and Courts of Session.

265-C. Supply of statements and documents to the accused.

265-D. When charge is to be framed.

265-E. Plea.

265-F. Evidence for prosecution.

265-G. Summoning up by prosecutor and defence.

265-H. Acquittal or conviction.

265-1. Procedure in case of previous conviction.

265-J. Statement under Section 164 admissible. .

265-K. Power of Court to acquit accused at any stage.

265-L. Power of Advocate-General to stay prosecution.

265-M. Time of holding sittings.

265-N. Place of holding sittings.

CHAPTER XXIII

OF THE TRIALS BEFORE HIGH COURT AND COURTS OF SESSION

266–336. [Omitted].

CHAPTER XXIV

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

  1. Tender of pardon to accomplice.
  2. Power to grant tender of pardon.
  3. Commitment of person to whom pardon has been tendered.

339-A. Procedure in trial of person under Section 339.

  1. Right of person against whom proceedings are instituted to be defended and his

competency to be a witness.

  1. Procedure where accused does not understand proceedings.
  2. Power to examine the accused.
  3. No influence to be used to induce disclosures.
  4. Power to postpone or adjourn proceedings.

Remand.

Reasonable cause for remand.

  1. Compounding offence.
  2. Procedure of Magistrate in cases which he cannot dispose of.
  3. Procedure when after commencement of trial, Magistrate finds case should be tried

by Court of Session or High Court .

  1. Trial of persons previously convicted of offences against coinage, stamp-law or

property.

  1. Procedure when Magistrate cannot pass sentence sufficiently severe.
  2. Conviction or evidence partly recorded by one Presiding Officer and partly by

another.

350-A. Changes in constitution of Benches.

  1. Detention of offenders attending Court.
  2. Courts to be open.

CHAPTER XXV

OF THE MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES

AND TRIALS

  1. Evidence to be taken in presence of accused.
  2. Manner of recording evidence,
  3. Record in trial of certain cases by First and Second class Magistrates.
  4. Record in other cases.

Evidence given in English.

Memorandum when evidence not taken down by the Magistrate or Judge himself.

  1. Language or record of evidence.
  2. Option to Magistrate in cases under Section 355.
  3. Mode of recording evidence under Section 356 or Section 357.
  4. Procedure in regard to such evidence when completed.
  5. Interpretation of evidence to accused or his pleader.
  6. [Omitted].
  7. Remarks respecting demeanour of witness.
  8. Examination how recorded.
  9. Record of evidence in High Court.

CHAPTER XXVI

OF THE JUDGMENT

  1. Mode of delivering judgment.
  2. Language of Judgment -Contents of Judgment.

Judgment in alternative.

  1. Sentence of death.
  2. Court not to alter judgment.
  3. [Omitted}.
  4. Copy of judgment etc., to be given to accused.

Case of person sentenced to death.

  1. Judgment when to be translated.
  2. Court of Session to send copy of finding and sentence to District Magistrate.

CHAPTER XXVII

OF THE SUBMISSION OF SENTENCES FOR CONFIRMATION

  1. Sentence of death to be submitted by Court of Session.
  2. Power to direct further inquiry to be made or additional evidence to be taken.
  3. Power to High Court to confirm sentence or annual conviction.
  4. Confirmation of new sentence to be signed by two Judges.
  5. Procedure in case of difference of opinion.
  6. Procedure in cases submitted to High Court for confirmation.
  7. Procedure in cases submitted by Magistrate not empowered to act under Section

562.

CHAPTER XXVIII

OF EXECUTION

  1. Execution of order passed under Section 376.
  2. Postponement of capital sentence on pregnant woman.

382-A. Postponement of execution of sentences of imprisonment under Section 476 or for a period of less than one year.

382-B. Period of detention to be considered while awarding sentence of imprisonment.

382-C. Scandalous or false and frivolous pleas to be considered in passing sentence.

  1. Execution of sentences of transportation or imprisonment in other cases.
  2. Direction of warrant for execution.
  3. Warrant with whom to be lodged.
  4. Warrant for levy of fine.
  5. Effect of such warrant.
  6. Suspension of execution of sentence of imprisonment.
  7. Who may issue warrant.
  8. Execution of sentence of whipping only.
  9. Execution of sentence of whipping, in addition to imprisonment.
  10. Mode of inflicting punishment.

Limit of number of stripes.

  1. Not to be executed by instalments–Exemptions.
  2. Whipping not to be inflicted if offender not in fit state of health.

Stay of execution.

  1. Procedure if punishment cannot be inflicted under Section 394.
  2. Execution of sentence on escaped convicts.
  3. Sentence of offender already sentenced for another offence.
  4. Saving as to Sections 396 and 397.
  5. Confinement of youthful offenders in reformatories.
  6. Return of warrant on execution of sentence.

CHAPTER XXIX

OF SUSPENSIONS, REMISSIONS AND COMMUTATIONS OF

SENTENCES

  1. Power to suspend or remit sentences.
  2. Power to commute punishment.

402-A. Sentence of death.

402-B. Certain restrictions on the exercise of powers by Provincial Government.

402-C. Remission or commutation of certain sentences not to be without consent.

CHAPTER XXX

OF PREVIOUS ACQUITTALS OR CONVICTIONS

  1. Person once convicted or acquitted not to be tried for same offence.

PART VII

OF APPEAL, REFERENCE AND REVISION

CHAPTER XXXI

OF APPEALS

  1. Unless otherwise provided, no appeal to tie.
  2. Appeal from order rejecting application for restoration of attached property.
  3. Appeal from order requiring security for keeping the peace or for good behaviour.

400-A. Appeal from order refusing to accept or rejecting a surety.

  1. [Omitted]
  2. Appeal from sentence of Assistant Sessions Judge or Judicial Magistrate.
  3. Appeals to Court of Session how heard.
  4. Appeal from sentence of Court of Session.
  5. [Omitted]

411 -A. Appeal from sentence of High Court.

  1. No appeal in certain cases when accused pleads guilty.
  2. No appeal in petty cases.
  3. No appeal from certain summary convictions.
  4. Proviso to Sections 413 and 414.

415-A. Special right of appeal in certain cases.

  1. [Repealed]
  2. Appeal in case of acquittal.
  3. Appeal on what matters admissible.
  4. Petition of appeal.
  5. Procedure when appellant in jail.
  6. Summary dismissal of appeal.
  7. Notice of appeal
  8. Powers of Appellate Court in disposing of appeal.
  9. Judgments of subordinate Appellate Courts.
  10. Order by High Court on appeal to be certified to lower Court.
  11. Suspension of sentence pending appeals–Release of appellant on bail.
  12. Arrest of accused in appeal from acquittal.
  13. Appellate Court may take further evidence or direct it to be taken.
  14. Procedure where Judges of Court of Appeal are equally divided.
  15. Finality of orders on appeal.
  16. Abatement of appeals.

CHAPTER XXXII

OF REFERENCE AND REVISION

432–434. [Omitted].

  1. Power to call for records of Inferior Courts.
  2. Power to order further inquiry.
  3. [Omitted].
  4. [Omitted].
  5. High Court’s powers of revision.
  6. Option with Court to hear parties.
  7. [Omitted].
  8. High Courts order to be certified to lower Court or Magistrate.

PART VIII

SPECIAL PROCEEDINGS

CHAPTER XXXIII

443-463. [Omitted].

CHAPTER XXXIV

LUNATIC

  1. Procedure in case of accused being lunatic.
  2. Procedure in case of person sent for trial before Court of Session or High Court being lunatic.
  3. Release of lunatic pending investigation or trial.

Custody of lunatic.

  1. Resumption of inquiry or trial.
  2. Procedure on accused appearing before Magistrate or Court.
  3. When accused appears to have been insane.
  4. Judgment of acquittal on ground of lunacy.
  5. Person acquitted on such ground to be detained in safe custody.

Power of Provincial Government to relieve Inspector- General of certain functions.

  1. [Repealed]
  2. Procedure where lunatic prisoner is reported capable of making his defence.
  3. Procedure where lunatic detained under Section 466 or 471 is declared fit to be

released.

  1. Delivery of lunatic to care of relative or friend.

CHAPTER XXXV

PROCEEDINGS IN CASE OF CERTAIN OFFENCES AFFECTING THE

ADMINISTRATION OF JUSTICE

  1. Procedure in cases mentioned in Section 195.

476-A. Forwarding of cases for trial by Courts having jurisdiction.

476-B.[Omitted].

  1. [Repealed].

478-479. [Omitted].

  1. Procedure in certain cases of contempt.
  2. Record in such cases.
  3. Procedure where Court considers that case should not be dealt with under Sec. 480.
  4. When Registrar or Sub-Registrar to be deemed aCivil Courtwithin Sections 480 and 482
  5. Discharge of offender on-submission of apology.
  6. Imprisonment or committal of person refusing to answer or produce document.
  7. Appeals from convictions in contempt cases.
  8. Certain Judges- and Magistrates not to try offences referred to in Section 195 when

committed before them.

CHAPTER XXXVI

OF THE MAINTENANCE OF WIVES AND & CHILDREN

488-490. [Omitted}.

CHAPTER XXXVII

DIRECTIONS OF THE NATURE OF A HABEAS CORPUS

  1. Power to issue directions of the nature of a habeas corpus.

491-A. [Omitted]

PART IX

SUPPLEMENTARY PROVISIONS

CHAPTER XXXVIII

OF THE PUBLIC PROSECUTOR

  1. Power to appoint Public Prosecutors.
  2. Public Prosecutor may plead in all Courts in cases under his charge–Pleaders

privately instructed to be under his direction.

  1. Effect of withdrawal from prosecution.
  2. Permission to conduct prosecution.

CHAPTER XXXIX

OF BAIL

  1. In what cases bail to be taken.
  2. When bail may be taken in ease of non-boilable offence.
  3. Power to direct admission to bail or reduction of bail.

498-A. No bail to be granted to a person not in custody, in Court or against whom no case is registered, etc.

  1. Bond of accused and sureties.
  2. Discharge from custody.
  3. Power to order sufficient bail when that first taken is insufficient.
  4. Discharge of sureties.

CHAPTER XL

OF COMMISSIONS FOR THE EXAMINATION OF WITMESSES

  1. When attendance of witness may be dispensed with.
  2. [Omitted].
  3. Parties may examine witnesses.
  4. Power of Magistrate to apply for issue of commission.
  5. Return of Commission.
  6. Adjournment of inquiry or trial.

508-A. Application of this Chapter to commissions issued in Burma.

CHAPTER XLI

SPECIAL RULES OF EVIDENCE

  1. Deposition of medical witness.

Power to summon medical witness.

  1. Report of Chemical Examiner Serologist.
  2. Previous conviction or acquittal how proved.
  3. Record of evidence in absence of accused.

Record of evidence when offender unknown.

CHAPTER XLII

PROVISIONS AS TO BONDS

  1. Deposit instead of recognizance.
  2. Procedure on forfeiture of bond.

514-A. Procedure in case of insolvency or death of surety or when a bond is forfeited.

514-B. Bond required from a minor.

  1. Appeal from, and revision of, orders under Section 514.
  2. Power to direct levy of amount due on certain recognizance.

CHAPTER XLIII

OF THE DISPOSAL OF PROPERTY

516-A. Order for custody and disposal of property pending trial in certain cases.

  1. Order for disposal of property regarding which offence committed.
  2. Order may take form of reference to District or Sub-Divisional Magistrate.
  3. Payment to innocent purchaser of money found on accused.
  4. Stay of order under Sections 517,518 or 519.
  5. Destruction of libellous and other matter.
  6. Power to restore possession of immovable property.

522-A. Power to restore possession of movable property.

  1. Procedure by police upon seizure of property taken under Section 51 or stolen.

Procedure where owner of property seized unknown.

  1. Procedure where no claimant appears within six months.
  2. Power to sell perishable property.

CHAPTER XLIV

OF THE TRANSFER OF CRIMINAL CASES

  1. High Court may transfer case or itself try it.

Notice to Public Prosecutor of application under this section.

Adjournment on application under this section.

526-A. [Omitted].

  1. Power of Provincial Government to transfer cases and appeals.
  2. Sessions Judge may withdraw cases from Assistant Sessions Judge.

528-A. Powers of District Magistrate for transfer of cases, etc.

CHAPTER XLIV-A

SUPPLEMENTARY PROVISIONS RELATING TO EUROPEAN AND

PAKISTANI BRITISH SUBJECTS AND OTHERS

[Omitted]

CHAPTER XLV

OF IRREGULAR PROCEEDINGS

  1. Irregularities which do not vitiate proceedings.
  2. Irregularities, which vitiate proceedings.
  3. Proceedings in wrong place.

532.- [Omitted].

  1. Non-compliance with provisions of Section 164 or 364.
  2. [Omitted].
  3. Effect of omission to prepare charge.
  4. [Omitted].
  5. Finding or sentence when reversible by reason of error or Omission in charge or

other proceedings.

538- Attachment not illegal, person making same not trespasser for defect or want of form

in proceedings.

CHAPTER XLVI

MISCELLANEOUS

  1. Court and persons before whom affidavits may be sworn.

539-A. Affidavit in proof of conduct of public servant.

539-B. Local inspection.

  1. Power to summon material witness or examine person present.

540-A. Provision for inquiries and trial being held in the absence of accused in certain

cases.

  1. Power to appoint place of imprisonment.

Removal to criminal jail of accused or convicted

Persons who are in confinement in civil jail and their return to the civil Jail.

  1. Power of Presidency Magistrate to order prisoner in Jail to be brought up for

examination.

  1. Interpreter to be bound to interpret truthfully.
  2. Expenses of complainants and witnesses.

544-A. Compensation of the heirs to the persons killed, etc.

  1. Power of court to pay expenses of compensation out of fine.
  2. Payments to be taken into account in subsequent suit.

546-A. Order of payment of certain fees paid by complainant in non-cognizable cases.

  1. Moneys ordered to be paid recoverable as fines.
  2. Copies of proceedings.
  3. Delivery to military authorities of persons liable to be tried by Court-martial.

Apprehension of such persons;

  1. Powers of police to seize property suspected to be stolen.
  2. Powers of superior officers of police.
  3. Powers to compel restoration of abducted females.
  4. [Repealed].
  5. Power of High Courts of make rules for inspection of records of subordinate Courts.

Powers of High Courts to make rules for other purposes.

  1. Forms.
  2. Case in which Judge or Magistrate is personally interested.
  3. Practising pleader not to sit as Magistrate in certain Courts.
  4. Powers to decide language of Court.
  5. Provision for powers of Judges and Magistrates being exercised by their successors-in-office.
  6. Officers concerned in sales not to purchase or bid for property.
  7. [repealed].

561 -A. Saving of inherent power of High Court.

  1. [repealed].

563–564. [repealed].

Previously convicted offenders

  1. Order for notifying address of previously convicted offender.

SCHEDULE I.- [Repealed].

SCHEDULE II.- Tabular Statement of Offences.

SCHEDULE III.- Ordinary Powers of Provincial Magistrates.

SCHEDULE IV. Additional Powers with which Magistrates may be invested.

SCHEDULE V. Forms.

CODE OF CRIMINAL PROCEDURE

An act to consolidate and amend the law relating to the criminal procedure

[22nd March, 1899]

Preamble: Where as it is expedient to consolidate and amend the law relating to criminal

Procedure, it is hereby enacted as follows.

PART I

PRELIMINARY

CHAPTER I

  1. Short Title and Commencement:(1) This Act may be called the Code of Criminal

Procedure, 1898; and it shall come into force on the first day of July 1898.

(2) Extent: It extends to the whole of, Pakistan but, in the absence of any specific provision to the contrary, nothing herein, contained shall affect any special or local law, new in force, or any special jurisdiction or power conferred or any special form of procedure prescribe by any other law for the time being in force.

  1. [Repeal of enactments, notifications, etc., under repealed Acts, Pending cases]: Repealed by the Repealing and Amending Act, 1914 (X of 1914).
  2. References to Code of Criminal Procedure and other repealed enactments (1) In every enactment passed before this Code comes into force in which reference is made to, or to any Chapter or section of the Code of Criminal Procedure, Act XXV of 1861 or Act X Of 1872, or Act X of 1882, or to any other enactment hereby repealed, such, reference so far as may be practical be taken to be made to this Code or to its corresponding chapter or section.

(2) Expressions in former Acts: In every enactment passed before this Code comes into force, the expressions “Officer exercising (or ‘having’) the powers (or the full powers) of a Magistrate,” “Subordinate Magistrate First Class” and “Subordinate Magistrate, Second class” shall respectively be deemed to mean “Magistrate of the First class”, “Magistrate of the Second Class” and Magistrate of the Third Class”. And the expression “joint Sessions Judge” shall mean “Additional Sessions Judge”.

  1. Definitions:(1) In this Code the following words and expressions have the following meanings, unless a different intention appears from the subject or content:

(a)”Advocate-General”: “Advocate-General” includes also a Government Advocate or, where there is no Advocate-General or Government Advocate, such officer as the Provincial Government may, from time to time, appoint in this behalf.

(b) “Bailable offence, “non-bailable offence”: “Bailable offence” means an offence shown as bailable in the Second Schedule or which is made bailable by any other law or the time being in force; and “non-bailable offence means any other offence.

(c) Charge: “Charge” includes any head of charge when the charge contains more than one.

(d) [Rep. by Act (XI of 1923), section 3 and Schd. I]

(e) [Omitted by Law Reforms Ordinance (XII of 1972), Schd. Item I].

(f) ‘‘Cognizable offence” , “cognizable case”: “Cognizable offence” means an offence for, and cognizable case” means a ease in which a police officer, may, in accordance with the second Schedule or under any law for the time being in force, arrest without warrant.

(g) [Rep. by the A.O. 1949]

(h) .’’Complaint”: Complaint means the allegation made orally or in writing to a Magistrate, with a view to his taking action, under this Code that some person whether known or unknown, has committed an offence, but it does not include the report of a police officer.

(i) [Rep. by the Act II of 1950]

(j) “High Court”: “High Court” means the highest Court of criminal appeal or revision for a province,

(k) Inquiry”: “Inquiry” includes every inquiry other that a trial conducted under this Code by a Magistrate or Court.

(l) “Investigation”: -Investigation” includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf.

(m) “Judicial Proceeding”: “Judicial proceeding” includes any proceeding in the course of which evidence is or may be legally taken on oath.

(m-a) “Magistrate” means a Judicial Magnate and includes a Special Judicial Magistrate appointed under Sections 12 and 14.

Clause m-a inserted. by Ordinance, XXXVII of 2001, dt.l3-8-2001.

(n) “Non-cognizable offence,” “Non-cognizable case”: “Non-cognizable offence means an offence for, and “non-cognizable case” means a case in which a police officer, may not arrest without warrant.

(o) “Offence”: “Offence” means any act or omission made punishable by any law for the time being in force; it also includes any act in respect of which a complainant may be made under Section 20 of the Cattle Trespass Act, 1871.

(p) “Officer incharge of a police station”: “Officer incharge of a police station” induces, when the officer incharge of the police station is-absent from tile station house or unable from illness or cause to perform his duties, the police officer present at the station house who is next in rank to such officer and is above the rank of constable or when the Provincial Government so directs, any other police officer so present.

(q) “Place”: “Place” includes also a house, building, tent and vessel.

(r) “Pleader”: “Pleader” used with reference to any proceeding in any Court means a pleader for a mukhtar authorised under any law for the time being in force to practise in such Court, and includes (1) an advocate, a vakil and an attorney of a High Court so authorised and (2) any other .person appointed with permission of the court to act in such proceeding.

(s) “Police station”: “Police Station” means any post or place declared, generally or specially, by the Provincial Government to be a police station, and includes any local area specified by the Provincial Government in this behalf.

(t) “Public Prosecutor”: “Public Prosecutor” means any person appointed under Section 492, and includes any person acting under the directions of a Public Prosecutor and any person conducting a prosecution on behalf of the State in any High Court in the exercise of its original criminal jurisdiction.

(u) “Sub-division”: Sub-division means a sub-division of a district.

(v) & (w) [Omitted by Law Reforms Ordinance, XII of 1972, Sched, item 1]

(2) Words referring to acts: Words which refer to acts done, extend also to illegal omissions; and

words to have same meaning as in Pakistan Penal Code: All words and expressions used herein and defined in the Pakistan Penal Code, and not herein before defined, shall be deemed to have the meanings respectively attributed to them by that Code.

  1. Trial of offences under Penal Code:(1) All offences, under the Pakistan Penal Code Shall be investigated, enquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.

(2) Trial of offences against other laws: All offences under any other law shall be investigated, enquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.

PART II

CONSTITUTION AND POWER OF CRIMINAL COURTS AND OFFICES

CHAPTER II

OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES

A.——Classes of Criminal Courts

  1. Classes of Criminal Courts and Magistrates:(1) Besides the High Courts and the Courts constituted under any law other than this Code for the time being in force, there shall be two classes of Criminal Courts inPakistan, namely:

(i) Courts of Session;

(ii) Courts of Magistrate.

[(2) There shall be the following classes of Magistrate, namely:

(i) Magistrate of the First Class;:

(ii) Magistrate of the Second Class; and

(iii) Magistrate of the Third Class,]

  1. 6 subs by them 2 of Punjab Notification No. SO(J-ll) 1-8/75 (P-v), dated ^f-3-1996 forPunjaband by same ltem No. of

Islamabad Notification No. S.R.O. 255(1)/96. dated ;8-4”1996 for Islamabad only.

Sub Section (2) Subs. by Ordinance, XXXVII of 2001, dt.l3-8-2001.

B.—-Territorial Divisions

  1. Sessions divisions and districts: (1) Each Province shall consist of sessions divisions; and every sessions division shall, for the purposes of this Code, be a district or consist of districts.

(2) Power to alter divisions and districts: The Provincial Government may alter the limits or the number of such divisions and districts.

(3) Existing divisions and districts maintained till altered: The sessions divisions and districts existing when this Code comes into force shall be sessions divisions and districts respectively, unless and until they are so altered.

(4) [Repeated by the Federal Laws (Revision and Declaration) Act, XXVI of 1951, Section 3 and II Sched.]

  1. Power to divide districts into sub-divisions: (1) The Provincial Government may divide any district into sub-divisions, or make any portions of any such district a subdivision and may alter the limits of any sub-division.

(2) [Omitted by the Ordinance XXXVII of 2001 dt. 13-8-2001.]

  1. —Courts and offices
  2. Court of Session:(1) The Provincial .Government shall establish a Court of Session for every sessions division, and appoint a Judge of such Court.

(2) The Provincial Government may, by general or special order in the official Gazette, direct at what place or places the Court of Session shall hold its sitting; but, until such order is made, the Courts of Session shall Hold their sittings as heretofore.

(3) The Provincial Government may also appoint Additional Sessions Judges and Assistant ,Sessions Judges to exercise jurisdiction in one or more such Courts.

(4) A Sessions Judge of one sessions division may be appointed by the Provincial Government to be also an Additional Sessions Judge of another division, and in such case he may sit for the disposal of case at such place or places in either division as the Provincial Government may direct.

(5) All Courts of Session existing when this Code comes into force shall be deemed to have been established under this Act.

  1. [Omitted by the Ordinance XXXVII of 2001dt.13-8-2001.]
  2. [Omitted by the Ordinance XXXVII of 2001 dt:13-8-2001.]
  3. Subordinate Magistrates: (1) Provincial Government may appoint as many persons as it thinks fit to be Magistrates of the first, second or third class in any district, from time to time, define focal areas within which such persons may exercise all or any of the powers, with which they may respectively be invested under this Code.

(2) Local limits of their jurisdiction: Except as otherwise provided by such definition, the jurisdiction and powers of such persons shall extend throughout such district.

  1. [Omitted by the Ordinance XXXVII of 2001 dt:13-8-2001.]
  2. Special Judicial:(1) The Provincial Government may, on the recommendation of the High Court, confer upon any personincluding a former Executive Magistrate all or any of the powers, conferred, or conferrable by or under this Code on a judicial Magistrate in respect to particular cases or to a particular class or particular classes of cases, or in regard to cases generally in any local area.

Words ins. by Ordinance, XXXVII of 2001, dt.l3-8-2001.

(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term as the Provincial Government may, in consultation with the High Court, by general or special order, direct.

Sec. 14 substituted by Item No.6 Punjab Notification No. SO(J-II) 1-8/75 (P-V), dated 21.3.1996 for Punjab and by same

Item No. of Islamabad Notification No. S.R.O. 255(1)96, dated 8.4.1996 for Islamabad only.

  1. Benches of Magistrates: (1) The Provincial Government may direct any two or more 9[judicial Magistrates] in any place to sit together as a Bench, an may by order invest such Bench with any of the powers conferred.

or conferable by or under this Code on a Magistrate of First, Second or Third Class, and direct it to exercise such powers in such cases. or, such classes only, and within such local limits, as the Provincial Government thinks fit.

(2) Powers exercisable by Bench in absence of special direction: Except as otherwise provided by any order under this section, every such Bench shall have the powers conferred by this Code on a Magistrate of the highest class to which any one of its members, who is present taking part in the proceedings as a member of the Bench, belongs, and as far as practicable shall, for the purposes of this code, be deemed to be a Magistrate of such class.

  1. Power to frame rules for guidance of Benches: The Provincial Government, may, from time to time make rules consistent with this Code for the guidance of Magistrate, Benches in any district respecting the following subjects:

(a) the classes of cases to be tried;

(b) the times and places of sitting;

(c) the constitution of the Bench for conducting. Trials;

(d) the mode of settling differences of opinion which may arise between the Magistrates in session.

  1. Subordination of Magistrates and Benches to Sessions Judge:(1) all Magistrates appointed under section 12, 13 and 14 and all Benches constituted under section 15, shall be subordinate to the Sessions Judge and he may, from time to time, make rules or give special orders consistent with this Code and any rules framed by the provincial government under Section 16, as to the distribution of business among such Magistrates and Benches.

(2) All Executive Magistrates appointed under sections 13 and 14 shall be Subordinate to the district Magistrate and he may, from time to time, make rules or give social orders consistent with this Code and any rules framed by the Provincial Government under section 16 as to the distribution of business among such Magistrates.

(2-A) Every Executive Magistrate (other than a Sub-Divisional Magistrate) in a subdivision shall also be subordinate to the Sub-Divisional Magistrate, subject, however to the general control of the District Magistrate.

Sub-sections (1) and (2) subs. by Item No.9(I) of Punjab Notification No.SO(J-II) 1-8/75 ((P-V), dated 21.3.1996 for

Punjab and by same item No. of Islamabad Notification No.S.R.O. 255(I)/96, dated 8.4.1996 for Islamabad only.

(3) Subordination of Assistant Sessions Judges to Sessions Judge: All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction, and he may, from time to time, make rules consistent with this code as to the distribution of business among such Assistant Sessions Judges.

(4) The Sessions Judge; may, also when he himself is unavoidably absent or incapable of acting, make provision for the disposal of any urgent application by an additional or Assistant Sessions Judge and such judge shall have jurisdiction to deal with any such application.

(5) [Omitted by the Ordinance, XXXVII of 2001, dt: 13.8.2001].

D——Courts of Presidency Magistrates.

18 to 21: Appointment of Presidency Magistrates, Benches, Local limites of jurisdiction, Chief Presidency Magistrate: [Omitted by A.O., 1949, Sched.]

E.—-Justices of the Peace

  1. Justice of the peace for the mufassil: Provincial Government, so far as regards the territories subject to its Administration, may by notification in the official Gazette, appoint such persons resident within Pakistan and not being the subjects of an foreign State as it thinks fit to be Justices of the peace within and for the local area mentioned in such notification.

PUNJAB AMENDMENTS

  1. Appointment of Justices of the Peace:The Provincial Government may, by notification in the official Gazette, appoint for such period as may be ‘specified in the notification, and subject to such’ rules as may be made-by it any person who is a citizen of Pakistan and as to whose integrity and suitability it satisfied to be a justice of the peace for a local area to be specified in the notification, and more than one Justice of the Peace may be appointed for the same local area.

22-A. Powers of Justices of the Peace: A Justice on the Peace for any local area shall, for the purpose of making an arrest have within such area all the powers of a police officer referred to in section 54 and an officer-in-charge of a police station referred to in section 55.

(2) A Justice of the Peace making an arrest in exercise of any powers under subsection (1) shall, forthwith, take or cause to be taken the person arrested before the officer incharge of the nearest police station and furnish such officer with a report as to the circumstances of the arrest and such officer shall thereupon re-arrest the person.

(3) A Justice of the Peace for any local area shall have powers, within such area, to call upon any member of the police force on duty to aid him.

  1. a) in taking or preventing the escape of any person who has participated in the commission of any cognizable offence or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having so participated; and
  2. b) in the prevention of crime in general and, in particular, in the prevention of a breach of the peace or a disturbance of the public tranquility.

(4) Where a member of the police force on duty has been called upon to render and aid under sub-section (3), such call shall be deemed to have been made by a competent authority.

(5) A Justice of the Peace for any local area may, in accordance with such rules as may be made by the Provincial Government,—

  1. a) issue a certificate as to the identity of any person residing within such area, or
  2. b) verify any document brought before him by any such person, or
  3. c) attest any such document required by or under any law for the time being in force to be attested by a Magistrate, and until the contrary is proved, any certificate so issued shall be presumed to be correct and any document so verified shall be deemed to be duly verified, and any document so attested shall be deemed to have been as fully attested as if he had been a Magistrate.

(6) An ex-officio Justice of the Peace may issue appropriate directions to the police authorities concerned on a complaint regarding–

(i) non-registration of a criminal case;

(ii) transfer of investigation from one police officer to another; and

(iii) neglect, failure or excess committed by a police authority in relation to its functions and duties.”

22-B. Duties of Justices of the Peace: Subject to such rules as may be made by the Provincial Government, every Justice of the Peace for any local area shall:

  1. a) on receipt of information of the occurrence of any incident involving a breach of the peace, or of the commission of any offence within such local area, forthwith make inquiries into the matter and report in writing the result of his inquiries to the nearest Magistrate and to officer incharge of the nearest Police Station;
  2. b) if the offence referred to in clause (a) is a cognizable offence, also prevent the removal of anything from, or the interference in any way with, the place of occurrence of the offence;
  3. c) when so required in writing by a police officer making an investigation under Chapter XIV in respect of any offence committed within such local area,—
  4. i) render all assistance to the police officer in making such an investigation;
  5. ii) record any statement made under expectation of death by a person in respect of whom a crime is believed to have been committed.

23 and 24. [Rep. By Act (XII of 1923), Section 4]

  1. Ex-Officio Justices of the Peace:In virtue of their respective officers, the judges of the High Court are Justices of the Peace within and for whole of Pakistan, Sessions Judges17[***] are Justices of the Peace within and for the whole of the territories administered by the Provincial Government under which they are serving.

F—–Suspension and Removal

26 and 27. [Suspension and removal of Judges and Magistrates. Suspension and removal of Justices of the Peace]: [Rep. by A.O. 1937].

_____________

CHAPTER III

POWERS OF COURTS

A—-Descritpion of offences cognizable by each Court.

  1. Offences under Penal Code:Subject to the other provisions of this Code any offence under the Pakistan Penal Code may be tried–

(a) by the High Court, or

(b) by the Court of Session, or

(c) by any other Court by which such offence is shown in the eighth column of the Second Schedule to be triable.

Proviso: [Omitted by the Ordinance, XXXVII of 2001, dt. 13-8-2001.]

  1. Offences under other laws:(1) Subject to the other provisions of this Code, any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court.

(2) When no Court is so mentioned, it may be tried by the High Court or subject as aforesaid by any Court constituted under this Code by which such offence is shown in the eighth column of the Second Schedule to be triable.

Proviso: [Omitted by the Ordinance, XXXVII of 2001, dt. 13-8-2001.]

29-A [Omitted by (Act II of 1950).]

29-B. Jurisdiction in the cases of juveniles: Any offence, other than one punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before a Court is under the age of fifteen years, may be tried by any Judicial Magistrate specially empowered by the Provincial Government to exercise the powers conferred by Section 8, sub-section (1) of the Reformatory School Act, 1897, or, in any area in which the said Act is not applicable, by any other law providing for the custody, trial or punishment of youthful offenders, by any Magistrate empowered by or under such law to exercise all or any of the powers conferred thereby.

Section 29-B subs. by Item No.12 of Punjab Notification No.SO(J-II) 1-8/75(P.V), dated 21.3.1996 for Punjab and by

same Item No. of Islamabad Notification No.S.R.O. 255(I)/96, dated 8.4.1996 for Islamabad only.

[30. Offences not punishable with death: Notwithstanding anything contained in Sections 28 and 29, the Provincial Government may invest any Magistrate of the First Class with power to try as a Magistrate all offences not punishable with death.]

Sec. 30 subs. by ordinance, XXXVII of 2001, dt: 13.8.2001.

B.—Sentences which may be passed by Courts of various Classes.

  1. Sentences which High Court and Sessions Judges may pass:(1) High Court may pass any sentences Authorised by law.

(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.

(3) An Assistant Session Judge may pass any sentence authorised by law, except a sentence of death or of imprisonment for a term exceeding seven years.

  1. Sentences which Magistrates may pass:(1) The Courts of Magistrates may pass the following sentences namely:
  2. a) Courts of Magistrates of the First Class;

Imprisonment for a term not exceeding three years including such solitary confinement as is authorized by law;

Fine not exceeding forty five thousand rupees; arsh’ daman whipping

  1. b) Courts of Magistrates of the Second class;

Imprisonment for a term not exceeding one year including such solitary confinement as is authorized by law;

Fine not exceeding fifteen thousand rupees;

  1. c) Courts of Magistrates of the Third Class;

Imprisonment for a term not exceeding one month;

Fine not exceeding three thousand rupees.

(2) The Court of any Magistrate may pass any lawful sentence, combining any of the sentence which it is authorised by law to pass.

(3) Whipping (if specially empowered):- [Rep. by the Whipping Act (IV 1909), Section 8 & Sched,]

  1. Power of Magistrates to sentence to imprisonment in default of fine:(1) The Court of any Magistrate may award such terms of imprisonment in default of payment of fine as is authorised by law in case of such default:

Proviso as to certain cases: Provided that,—

(a) the term is not excess of the Magistrate’s powers under this Code;

(b) in any case decided by a Magistrate where imprisonment has been awarded as part of the substantive sentence, the period of imprisonment awarded in default of payment of the fine shall not exceed one-forth of the period of imprisonment which such Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.

(2) .The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awarded by the Magistrate under Section 32.

  1. Higher powers of certain: The court of a Magistrate, specially empowered under Section 30, may pass any sentence authorized by law, except a sentence of death or of imprisonment for a term exceeding seven years.

34-A. Sentence which courts and Magistrates may pass upon European British subjects: [omitted by the Criminal law (Extinction of Discriminatory Privileges) Act, 1949(II of 1950), Sched.

  1. Sentence in case of conviction of several offences at one trial: (1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 71 of Pakistan Penal Code sentence him, for such offences, to the several punishments prescribed therefore which such court is competent to inflict; such punishments, when consisting of imprisonment 27[***} to commence the one after the expiration of the other in such order as the court may direct, unless the court directs that such punishments shall run concurrently.

(2) Maximum term of punishment: In the case of consecutive sentences, sentences, it shall not be necessary for the Court, by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court:—

Provided as follows:—

(a) in no case shall person be sentenced to imprisonment for a longer period than 14 years;

(b) if the case is tried by a Magistrate 28[ ***], the aggregate punishment shall not exceed twice the amount of punishment which he is, in the exercise of his ordinary jurisdiction, competent to inflict.

(3) For the purpose of appeal, the aggregate of consecutive sentence passed under this section in case of conviction for several offences at one trial shall be deemed to be a single sentences.

C—Ordinary and Additional Powers

  1. Ordinary Powers of Magistrates: All Magistrate have the powers hereinafter respectively conferred upon them and specified in the Third Schedule. Such powers are called “their ordinary powers”.
  2. Additional powers conferrable on Magistrates:On the recommendations of the High Court, the Provincial Government may, in addition to the ordinary powers, invest any Magistrate with any powers specified in the Fourth Schedule.

Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001.

  1. Control of District Magistrate’s inventing power: [Omitted by Ordinance, XXXVII of 2001- dt.13-8-2001.]

D.—Conferment, Continuance and Cancellation of Powers

  1. Mode of conferring powers:(1) In conferring powers under this Code the Provincial Government may by order empower persons specially by name, or in virtue of their office or classes or officials generally by their official titles.

(2) Every such order shall take effect from the date on which it is communicated to the person so empowered.

  1. Powers of officers appointed:Whenever any person holding an office in the service of Government who has been invested with any powers; under this Code throughout any local area is appointed to an equal or higher office, of the same, nature, within a like local area under the same Provincial Government, he shall, unless the Provincial Government otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed.
  2. Withdrawal of Powers:The Provincial Government may on the recommendations of the High Court, withdraw all or any power conferred by it under this Code on any person or Magistrate.

Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001.

PART III

GENERAL PROVISIONS

CHAPTER IV

OF AID AND INFORMATION TO THE MAGISTRATES, THE POLICE AND PERSONS MAKING ARRESTS

  1. Public when to assist Magistrates and Police:Every person is bound to assist a Magistrate[Justice of the Peace] or police officer reasonably demanding his aid,—

(a) in the taking or preventing the escape of any other person whom such Magistrate; or police officer is authorized to arrest;

(b) in the prevention or suppression of a breach of the peace, or in the-prevention of any injury attempted to be committed to any railway, canal, telegraph or public property.

[Words inserted by Item No. 21 of Punjab Notification No. SO (J-ll) 1-8/75 (P.V.), dated 21-3-1996 for Punjab and by

same Item No. of Islamabad Notification No. S.R.O. 255(l)/96, dated 8-4-1996 for Islamabad only].

  1. Aid to person, other than police officer, executing warrant:When a warrant is directed to a person other than a police officer, any other person may aid in the execution of such warrant if the person to whom the warrant is directed be hear at hand and acting in the execution of the warrant.
  2. Public to give information of certain offences:(1) Every person, aware of the commission of or of [the intention of any other person to commit any offence punishable under any of the following sections of the Pakistan Penal Code, namely, 121,121-A, 122. 123.123-A. 124,124-A, 125, 126, 130, 143, 144, 145, 147, 148, 153-A, 161, 162, 163, 164, 165. 168, 170, 231, 232, 255, 302, 303, 304, 304,304-A, 364-A, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402. 435, 436, 449, 450, 456, 457, 458, 459, 460 and 489-A, shall, in the absence of reasonable excuse, the burden of proving which shall lie upon the person so aware, forthwith give information to the nearest Magistrate [Justice of the Peace] or police officer of such commission or intention.

Words subs- by Law Reforms Ordinance (XII of 1972).

Words inserted by Item No. 22 (//) of Punjab Notification No. SO (J-ll) 1-8/75 (P.V.), dated 21-3-1996 for Punjab and by

same Item No of Islamabad Notification No. S.R.O. 255<1)/96, dated 8-4-1996 for Islamabad only.

(2) For the purposes of this section the term “offence” includes any act committed at any place out of Pakistan which would Constitute an offence if committed in Pakistan.

45- Village Headman, accountant, landholders and others bound to report certain matters: (1) Every village headman, village accountant,; village watch man, village police officer, owner or occupier of land, and the agent of any such owner or occupier incharge of the management of that land and every officer employed in the-collection of revenue or

rent of land on he part of the Government or the Court of Wards, shall forthwith communicate to the nearest Magistrate, {Justice of the Peace} or to the officer incharge of the nearest police station whichever is the nearer, any information which may possess respecting-

(a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in any village of which he is headman, accountant, watch man or police-officer or in which, he owns or occupies land, or is agent, or collects revenue or rent;

(b) the resort to any place within or the passage through such village of any person on whom he knows or reasonably suspect to be a thug, robber, escaped convict or proclaimed offender;

(c) the commission of or intention to commit, in or near such village any non-boilable offence or any offence punishable under Sections 143, 144, 145, 147 or 148 of the Pakistan Penal Code;

(d) the occurrence in or near such village of any sudden or unnatural death or of any death under suspicious circumstances; or the discovery in or near such-village of any corpse or part of a corpse. In circumstances which read to a reasonable suspicion that such a death has occurred or the disappearance from such village of any person in circumstances which lead to a reasonable suspicion that a non-bailable offence has been committed in respect of such person;

Words inserted by Item No. 23 of Punjab Notification No. SO(J-11) l-5/75 (P.V.), dated 21-3-1996 for Punjab and by

same Item No. of Islamabad Notification No. S:RO. 255(1)/96, dated 8-4-1996 for Islamabad only.

(e) the commission of or intention to commit, at any place out of Pakistan near such village any act which, if committed in Pakistan, would be an offence punishable under any of the following sections of the Pakistan Penal Code namely 231, 232, 233, 234. 235, 236, 237, 237, 238,302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459, 460, 489-A, 489-B, 489-C and 489-D;

(f) any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property, respecting which [any officer authorised by the Provincial Government] by general or special order made with the previous sanction of the Provincial Government, has directed him to communicate information-

(2) In this section-

(i) “village” includes village –lands; and

(ii) the expression “proclaimed offender” includes any person proclaimed as an offender by any Court or authority established or continued by the Federal Government in any part Of Pakistan, in respect of ,any Act which if committed in Pakistan, would be punishable under any of the following sections of the Pakistan Penal Code, namely, 302, 304, 362, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 448, 450, 457, 458, 459and 460.

(3) Appointment of village-headmen in certain cases for purposes of this section: Subject to rules in this behalf to be made by the Provincial Government, the [District officer (Revenue)] from time to time’ appoint one or more persons with his or their consent to perform the duties of a village-headman under this section whether a village-headman has or has not been appointed for that village under any other law.

Words subs by Ordinance, XXXVIl of 2001, (dt. 13-8-2001).

CHAPTER V

OFARREST,ESCAPE AND RETAKING

A—Arrest generally

  1. Arrest how made:(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there, be a submission to the custody by word or action.

(2) Restating endeavour to arrest: If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other-person may use all means necessary to effect the arrest.

(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with [imprisonment for life].

Words subs, by Criminal Procedure (Amendment) Act, XXV of 1974

  1. Search of place entered by person sought to be arrested:If any person acting under a warrant of arrest, or any police-officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within any place, the person residing in, or being in charge of such place shall, on demand of such parson acting as aforesaid or such police-officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein.
  2. Procedure where ingress not obtainable:If ingress to such place cannot be obtained under Section 47 it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an bpportunity of escape, for a police officer to enter such place and search therein; and in order to effect an entrance into such place, to break, open any outer or inner or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance duly made, he can not otherwise obtain admittance.

Breaking open zenana: Provided that, if any such place is an apartment in the actual occupancy of a woman (not being the person to be arrested) who, according to custom, does not appear in public such person or police-officer shall, before entering such apartment notice to such woman that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it.

  1. Power to break open doors and windows for purposes of liberation:Any police officer or other person authorized to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.
  2. No unnecessary restraint:The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
  3. Search of arrested persons:Whenever a person is arrested by a police-officer under-a warrant which does not provide for the taking of bail or under a warrant, which provides for the taking of bail but the person arrested cannot furnish bail, and whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail.

The officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person and place in safe custody all articles, other than necessary wearing apparel, found upon him.

  1. Mode of searching women:Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman, with strict regard to decency.
  2. Power to seize offensive weapons:The officer, or other person making any arrest under Code may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Code to produce the person arrested.

B.—Arrest without Warrant

  1. When police may arrest without warrant:(1) Any police-officer may, without an order from a Magistrate and without a warrant arrest–

first, any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of his having been so concerned;

secondly, any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house breaking;

thirdly, any person who has been proclaimed as an offender either under this Code or by order of the Provincial Government;

fourthly, any person in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing;

fifthly, any person who obstructs a police-officer while in the execution of his duty, or who has; escaped, or attempts to escape, from lawful custody ;

sixthly, any person reasonably suspected of being a deserter from the armed forces of Pakistan;

seventhly, any person who has been concerned in, or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been concerned in, any act committed at any place out of Pakistan, which, if committed in Pakistan, would have been punishable as an offence and for which he is under any law relating to extradition or otherwise liable to be apprehended or detained in custody in Pakistan;

eighthly, any released convict committing a breach of any rule made under Section 565, sub-section (3);

ninthly, any, person for whose arrest a requisition has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

(2) [Omitted byA.0., 1949, Sch.].

  1. Arrest of vagabonds, habitual robbers, etc.:(1) Any officer Incharge of a police station may in like manner, arrest or cause to be arrested–

(a) any person found taking precautions to conceal his presence within the limits of such station, under circumstances which afford reason to believe that he is taking such precautions with a view to committing a cognizable offence; or

(b) any person within the limits of such station who has not ostensible means of subsistence, or who cannot give a satisfactory account of himself; or

(c) any person who is by repute an habitual robber, house-breaker or thief, or an habitual receiver of stolen property, knowing it to be stolen, or who by repute habitually commits extortion or in order to the committing of extortion habitually puts or attempts to put persons in fear of injury.

(a) [Omitted by AO, 1949, Sch.]

  1. Procedure when police officer deputes subordinate to arrest without warrant:(1) When any officer incharge of a police-station or any police-officer making an investigation under-Chapter XIV requires any officer subordinate, to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully, be arrested without a warrant, he shall deliver to the officer required to make the arrest, an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made. The officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.

(2) [Omitted by the AO., 1949, Sch.]

  1. Refusal to give name and residence:(1) When any person who in the presence of a police-officer has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.

(2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties to appear before a Magistrate [having jurisdiction] if so required:—

Provided that, if such person is not resident in Pakistan, the bond shall be secured by a surety or sureties resident in Pakistan.

(3) Should the true name and residence of such person be not ascertained within twenty four hours from the time of arrest or should he fail to execute the bond or, if so required to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.

Words inserted by Law Reforms Ordinance, XII of 1972.

  1. Pursuit of offenders into other jurisdiction:A police-officer may, for the purpose of arresting without warrant any person whom he is authorized to arrest under this Chapter pursue such person into anyplace inPakistan.

[Explanation: In this section, ‘‘‘police-officer’ includes a police-officer acting under this Code as in, force in Azad Jammu and Kashmir].

Explanation added by Code of Criminal Procedure (Amendment) Act, VIII of 1993

  1. Arrest by private persons and procedure on such arrest:(1) Any private person may arrest any person who in his view commits a non-bailable and cognizable offence, or any proclaimed offender, and without unnecessary delay, shall make over any person so arrested to a police-officer or, in the absence of a police-officer, take such person or cause him to be taken in custody to the nearest police-station.

(2) If there is reason to believe that such person comes under the provisions of Section 54, a police-officer shall re-arrest him.

(3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence, which such officer has, reason to believe to be false, he shall be dealt with under the provisional Section 57. If there is no sufficient reason to believe that he has committed any offence; he shall be at once released.

  1. Person arrested to be taken before Magistrate or officer incharge of police station:A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case or before the officer incharge of a police-station.
  2. Persons arrested not to be detained more than twenty-four hours:No police officer shall detain in custody a person arrested without warrant for period longer than, under all the circumstances of the case is reasonable and such period shall not, in the absence of a special order of a Magistrate under Section -167 exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.
  3. Police to report apprehensions:Officers incharge of police-stations shall report to the[Zila Nazim, District Superintendent of Police and District Public Safety Commission, set up under the Police Act, 1861 (V of 1861), simultaneously] , the cases of all persons arrested without warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise:—

[Provided that in the application of this sectionto the districts where the local Government elections have not been held or the Zila-Nazim has not assumed charge of office, any reference in this section to the Zila Nazim shall be read as a reference to the District Coordination Officer in relation to such districts:—

Provided further that the aforesaid proviso shall cease to have effect and shall be deemed to have been repealed at the time when Local Governments are installed in the districts As aforesaid.]

Substituted by Ordinance XXXVII of 2001, dt. 13.8.2001

Proviso added by Ordinance XLIII of 2001, dt. 29.8.2001

  1. Discharge of person apprehended:No person who has been arrested by a police officer shall be discharged except on his own bond, or on bail, or under the special order of a Magistrate.
  2. Offence committed in Magistrate’s presence:When any offence is committed in the presence of a Magistrate within the local limits of his jurisdiction he may himself arrest or order any person to arrest the offender and may thereupon, subject to the provisions herein contained as to bail commit the offender to custody.
  3. Arrest by or in presence of Magistrate:Any Magistrate may at any time arrest or direct the arrest, in his presence, within the local limits of his jurisdiction, of any person, for whose arrest he is competent at the time and in the circumstances to issue a warrant.
  4. Power, on escape, to pursue and retake:If a person in lawful custody escapes or is rescued the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in Pakistan.
  5. Provisions of Sections 47, 48 and 49 to apply to arrest under Section 66:The provisions of Sections 47, 48 and 49 shall apply to arrests under Section 66, although the person making any such arrest is not acting under a warrant and is not a police-officer having authority to arrest.

CHAPTER VI

OF PROCESSES TO COMPEL APPEARANCE

A —–Summons

  1. Form of summons:(1) Every summons issued by a Court under this Code shall be in writing in duplicate, signed and sealed by the presiding officer of such Court or by such other officer as the High Court may, from time to time, by rule, direct.

(2) Summons by whom served: Such summons shall be served by a police officer, or subject to such rules as the Provincial Government may prescribe in this behalf by an officer of the Court issuing, it or other public servant:—

[provided that the Court may, at the request of the complainant or the accused, allow him to serve the summons on his own witnesses.]

(3) [Omitted by A.O., 1949, Sch.]

Proviso added by Law Reforms Ordinance. 1972.

  1. Summons how served:(1) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons.

(2) Every person on whom a summon is to be served shall sign a receipt thereof on the back of the other duplicate.

(3) Signature of receipt for Summons: Service of a summons on an incorporated company or other body corporate may be effected by serving it on the secretary, local manager or other, principal officer of the corporation or by registered, post letter addressed to the chief officer of the corporation in Pakistan, to such case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post.

  1. Service when person summoned cannot be found:Where the person summoned cannot by the exercise of due diligence be found the summons may be served by leaving one of the duplicates for him with some adult male member of his family, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefore on the back of the other duplicate.
  2. Procedure when service cannot be effected as before provided:If service in the manner mentioned in Sections 69 and 70 cannot by the exercise of due diligence be effected, the-serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the summons shall be deemed to have been duly served.
  3. Service on servant of, State or of Railway Company:(1) Where the person summoned is in the active service of the State or of a Railway Company, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed, and such head shall thereupon cause the summons to be served in manner provided by Section 69, and shall return it to the Court under his signature with the endorsement required by that section.

(2) Such signature shall be evidence of due service.

  1. Service of summons outside local limits:When a Court desires that a summons issued by it shall be served at any place outside the local limits of its jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within the local limits of whose jurisdiction the person summoned resides or is to be there served.
  2. Proof of service in such cases and when serving officer not present:(l) When a summons issued by a Court is served outside the local limits of its jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in manner provided by section 69 and section 70) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.

(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court.

B.—Warrant of Arrest

  1. Form of warrant of arrest:(1) Every Warrant of arrest Issued by a Court under this Code, shall be in writing, signed by the presiding officer, or in the case of a Bench of Magistrates, by any member of such Bench and shall bear the seal of the Court.

(2) Continuance of warrant of arrest: Every such warrant shall remain in force until cancelled by the Court which issued it, or until it is executed.

  1. Court may direct security to be taken:Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person execute a a bond with sufficient sureties for his attendance before the court at a specified time and thereafter, until otherwise directed by the Court, the officer to the warrant is directed shall take such security and shall release such person from custody.

(2) The endorsement shall state–

(a) the number of sureties.

(b) the amount in which they and the person for whose arrest the warrant is issued, are   to be respectively bound; and

(c) the time at which he is to attend before the Court.

(3) Recognizance to be forwarded: Whenever security is taken under this section the officer to whom the warrant is directed shall forward the bond to the Court. –

  1. Warrants to whom directed: (1) A warrant of arrest shall ordinarily be directed to one or more police-officers, but any Court issuing such a warrant may, if its immediate execution is necessary and, no .police-officer is immediately available, direct it to any other person or persons, and such person or persons shall execute the same.

(2) Warrants to several persons: When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more, of them.

  1. Warrant may be directed to landholders, etc.:(1) A[Magistrate of the First Class] may direct a warrant to any landholder, farmer or manager of land within the district or sub-division for the arrest of any escaped convict, proclaimed offender or person who has been accused of a non-bailable offence, and who has eluded pursuit.

(2) Such landholder farmer or manager shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for whose arrest it was issued is in, or enters on, his land or farm of the land under his charge.

(3) When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to the nearest police-officer, who shall cause him to be taken before a Magistrate having Jurisdiction in the case, unless security is taken under Section 76.

Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001

  1. Warrant directed to police officer:A warrant directed to any police officer may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.
  2. Notification of substance of warrant:The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and if so required, shall show him the warrant.
  3. Person arrested to be brought before Court without delay:The police officer or other person executing a warrant of arrest shall (subject to the provisions of Section 76 as to security) without unnecessary, delay bring the person arrested before the Court before which he is required by law to produce such person.
  4. Where warrant may be executed:A warrant of arrest may be executed at any place inPakistan.

[Explanation: In this section, “warrant of arrest” includes a warrant of arrest issued underthis Code as in force in Azad Jammu and Kashmir]

Explan. added by Code of Criminal Procedure (Amendment) Act. Vlll of 1993.

  1. Warrant forwarded for execution outside jurisdiction:(1) When a warrant is to be executed outside the local limits of the jurisdiction of the Court issuing the same such Court may, instead of directing such warrant to a police-officer, forward the same by post or otherwise to any Magistrate or District Superintendent of Police within the local limits of whose jurisdiction it is to be executed.

(2) The Magistrate or District Superintendent to whom such warrant is so forwarded shall endorse his name thereon and, if practicable, cause it to be executed in manner hereinbefore provided within the local limits of his jurisdiction.

  1. Warrant directed to police-officer for execution outside jurisdiction:(1) When a warrant directed to a police-officer is to be executed beyond the locate limits of the jurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement either to a Magistrate or to a police-officer not below the rank of an officer-in-charge of a police station, within the local limits of whose jurisdiction the warrant is to be executed.

(2) Such Magistrate or police officer shall endorse his name thereon, and such endorsement shall be sufficient authority to the police-Officer to whom the warrant is directed to execute the same within such limits, and the local police shall, if so required, assist such officer in executing such warrant.

(3) Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the Magistrate or police-officer within the local limits of whose jurisdiction the warrant is to be executed, will prevent such execution, the police-Officer to whom it is directed may execute the same without such endorsement ^h any place beyond the local limits of the jurisdiction of the Court which issued it.

(4) [Omitted by. A.O., 1949].

  1. Procedure on arrest of person against whom warrant issued:When a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the Court which issued the warrant is within twenty miles of the place of arrest or is nearer than the Magistrate or District Superintendent of Police within the focal limits of whose jurisdiction the arrest was made, or unless security is taken under Section 76, be taken before such Magistrate or District Superintendent.
  2. Procedure by Magistrate before whom person arrested is brought:(1) Such Magistrate or District Superintendent shall, if the person arrested appears to be the person intended by the Court which issued the warrant, direct his removal in custody to such Court,—

Provided that, if the offence is bailable, and such person is ready and willing to give bail to the satisfaction of such Magistrate, or District Superintendent or a direction has been endorsed under Section76 on the warrant and such person is ready and willing to give the security required by such direction, the Magistrate, or District Superintendent shall take such bail or security as the case may be, and forward the bond to the Court which issued the warrant:—

[provided further that, if the offence is not bailable or no direction has been: endorsed under Section 76 on the warrant, the Sessions .Judge of the sessions division in which the person is arrested may, subject to the provisions of Section 497 and for sufficient reasons, release, the person on an interim bail on such bond or security, as the Sessions Judge thinks fit and direct the person to appear by a specified date before the Court which issued the warrant and forward the bond to that Court]

2nd Proviso added by Law Reforms Ordinance, XII of 1972

(2) Nothing in this section shall be deemed to prevent a police-officer from taking security under Section 76.

[86-A. Procedure for removal in custody to Tribal Areas: Where a person, arrested under Section 85 is to be removed in custody to, any place in the Tribal Areas, he shall be produced before a Magistrate within the local limits of whose jurisdiction the arrest was made, and such Magistrate in directing the removal shall hear the case in the same manner and have the same jurisdiction and powers, as nearly as may be, including the powers to order the production of evidence, as it the person arrested were charged with an offence committed within the jurisdiction of such Magistrate, and such Magistrate shall direct the removal of the arrested person in custody if he is satisfied that the evidence produced before him raises a strong or probable presumption that the person arrested committed the offence mentioned in the warrant.

Section 86-A added by Law Reforms Ordinance, XII of 1972.

C.—Proclamation and Attachment

  1. Proclamation for person absconding:(1) If any Court is satisfied after taking evidence that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.

(2) The proclamation shall be published as follows:

(a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;

(b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village; and

(c) a copy thereof shall be affixed, to some conspicuous part of the Court-house.

(3) A statement in writing by the Court issuing the proclamation to the “effect that the proclamation was duly published on a specified day shall be conclusive evidence that the requirements of this section have been complied with and that the proclamation was published on such day.

  1. Attachment of property of person absconding:(1) The Court issuing a proclamation under Section 87 may at any time order the attachment of any property, movable or immovable or both, belonging to the proclaimed person.

(2) Such order shall authorize the attachment of any property belonging to such person within the district in which it is made and it shall authorise the attachment of any property belonging to such person without such district when endorsed by the [Sessions Judge] within whose district such property is situated.

(3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made—

(a) by seizure; or

(b) by the appointment of a receiver; or

(c) by an order in writing prohibiting the delivery of such property to the proclaimed person

or to any one on his behalf; or

(a) by all or any two of such methods, as the Court thinks fit.

(4) if the property ordered to be attached is immovable, the attachment under this section shall, in the case of land-paying revenue to the Provincial Government, be made through the [District Officer (Revenue)] in which the land is situated, and in all other cases–

(e) by taking possession; or

(f) by the appointment of a receiver; or

(g) by an order in writing prohibiting the payment of rent or delivery of property to the proclaimed person or to any one on his behalf; or

(h) by all or any two of such methods, as the Court thinks fit.

(5) If the property ordered to be attached consists of livestock or is of a perishable nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide, the order of the Court.

(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under Order XL of the Code of Civil Procedure, 1908.

(6-A) If any claim is preferred to or objection made, to the attachment of any property attached under this section within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under this section, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part:—

Provided that any claim preferred or objection made within the period allowed by this subsection may, in the event of the death of the claimant or objector, be continued by his legal representative.

(6-B) Claims or objections under sub-section (6-A) may be preferred, or made in the Court by which the order of attachment is issued or, if the claim or objection is in respect of property attached under an order endorsed by a [Sessions Judge] in accordance with the provisions of sub-section (2) in the Court of such Magistrate.

(6-C) Every such claim or objection shall be inquired into by the Court [or Magistrate] in which it is preferred or made.

Proviso: [Omitted by Ordinance, XXXVII of 2001, dt. 13-8-2001.]

(6-D) Any person whose claim or objection has been disallowed in whole or in part by an order under sub-section (6-A) may within a period of one year from the date of such order, institute a suit to establish the right which he claims in respect of the property in dispute; but subject to the result of such suit, if any, the order shall be conclusive.

(6-E) If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment.

(7) If the proclaimed person does not appear within the time specified in the proclamation, the property under attachment shall be at the disposal of the Provincial Government but it shall not be sold until the expiration of Six months from the date of the attachment and until any claim preferred or objection made under sub-section (6-A) has been disposed of under that sub-section, unless if is subject to speedy and natural decay, or the Court considers that the sale would be for the benefit of the owner, in either of which cases the Court may cause it to be sold whenever it thinks fit.

Subs./ins. by Ordinance, XXXVII of 2001, dt. 13-8-2001.

  1. Restoration of attached property:If within two years from the date of the attachment, any person, whose property is or has been at the disposal of Provincial Government, under sub-section (7) of Section 88 appears voluntarily or is apprehended and brought before the Court by whose order the property was attached; or the Court to which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding, execution of the warrant and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property or, if the same has been sold, the net proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue of the property, shall after satisfying thereout all costs incurred in consequence of the attachment, be delivered to him.

D.—Other Rules regarding Processes

  1. Issue of warrant in lieu of, or in addition to summons:A Courtmay, in any case in which it is empowered by this Code to issue a summons for the appearance of any person other than a juror or assessor, issue, after recording its reasons in writing, a warrant for his arrest–

(a) if, either before the issue, of such summons, or after the issue of the same but before the time fixed for his appearance, the Court sees reasons to believe that he has absconded or will not obey the summons; or

(b) it at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.

  1. Power to take bond for appearance:When any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons or warrant, is present in such Court, such officer may require such person to execute a bond, with or without sureties, for his appearance in such Court.
  2. Arrest by breach of bond for appearance:When any person who is bound by any bond taken under this Code to appear before a Court does not so appear, the officer presiding in such Court may issue a warrant directing that such person be arrested and produced before him.
  3. Provisions of this Chapter generally applicable to summons and warrants of arrest:The provisions contained in this Chapter relating to a summons and warrant, and their issue, service and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this Code.

E — Special Rules regarding processes issued for service or execution outside Pakistan and processes received from outside Pakistan for service or execution within Pakistan

[93-A. Sending of summons for service outside Pakistan: (1) Where a Court in Pakistan desires that a summons issued by it to an accused person shall be served at any place outside Pakistan within the local limits of the jurisdiction of a Court established or continued by the authority of the Federal Government in exercise of its foreign jurisdiction it shall send such summons, in duplicate, by post or otherwise, to the presiding officer of that Court to be served.

(2) The provisions of Section 74 shall apply in the case of a summons sent for service under this section as if the presiding officer of that Court to whom it was sent were a Magistrate in Pakistan,

93-B. Sending of warrants for execution outside Pakistan: Notwithstanding anything contained in Section 82, where a Court in Pakistan desires that a warrant, issued by it for the arrest of an accused person shall be executed at any place outside Pakistan within the local limits of the jurisdiction of a Court established or continued by the authority of the Federal Government in exercise of its foreign jurisdiction, it may send such Warrant, by post or otherwise, to the presiding officer of that Court to be executed.

93-C. Service and execution in Pakistan of processes received from outside Pakistan: (1) Where a Court has received for service or execution a summons to, or a warrant for the arrest of, an accused person issued by a Court established or continued by the authority of the Federal Government in exercise of its foreign jurisdiction, outside Pakistan it shall cause the same to be served or executed as if it were a summons or warrant received by it from a Court in Pakistan for service or execution within the local limits of its jurisdiction-

(2) Where any warrant of arrest has been so executed the person arrested shall so far as possible be dealt with in accordance with the procedure prescribed by Sections 85 and 86.]

Sections 93-A–93-C added by Code of Criminal Procedure (Amendment) Act. XIV of 1914.

CHAPTER VII

OF PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS AND OTHER MOVABLE PROPERTY AND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED

A—Summons to produce

  1. Summons to produce document or other thing:(1) Whenever any Court, or, any officer incharge of a police-station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it or to produce it, at the time and place stated in the summons or order:—

Provided that no such officer shall issue any such order requiring the production of any document or other thing which is in the custody of a bank or banker as defined in the Banker’s Books Evidence Act, 1891 (XVII of 1891), and relates, or might disclose any information which relates to the bank account of any person except,—

(a) for the purpose of investigating an offence under Sections 403, 406, 408 and 409 and Sections 421 to 424 (both inclusive) and Sections 465 to 477-A (both inclusive) of the Pakistan Penal Code, with prior permission in writing of a Sessions Judge; and

(b) in other cases, with the prior permission in writing of the High Court.

(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.

(3) Nothing in this section shall be deemed to affect the Evidence Act, 1872, Sections 123 and 124, or to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the Postal or Telegraph Authorities.

  1. Procedure as to letters and telegrams:(1) If any document, parcel or thing in such custody is, in the opinion of any Magistrate, High Court or Court of Session wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Code, such Magistrate or Court may require the Postal or Telegraph Authorities, as the case may be, to deliver such document, parcel or thing to such person as such Magistrate or Court directs.

(2) If any such document, parcel or thing is, in the opinion of any Other Magistrate, or District Superintendent of Police wanted for any such purpose he may require the Postal or Telegraph Department, as the case may be, to cause search to be made for and to detain such document, parcel or thing pending the orders of any such Court.

  1. —Search-warrants
  2. When search warrant may be issued:(1) Where any Court has reason to believe that a person to whom a summons or order under Section 94 or a requisition under Section 95, sub-section (1), has been or might be addressed, will not or would not produce the document or thing as required by such summons or requisition, or where such document or thing is not known to the Court to be in the possession of any person, or where the Court considers that the purposes of any inquiry, trial or other proceedings under this Code will be served by a general search or inspection, it may issue a search-warrant; and the person to whom such warrant is directed, may Search or inspect in accordance therewith and the provision hereinafter contained,

[Omitted by the Ordinance XXXVII of 2001, dt. 13.8.2001]

  1. Power to restrict warrant:The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.
  2. Search of house suspected to contain stolen property, forged documents, etc.:(1) If a Magistrate of the First Class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit or sale or manufacture of forged documents, false seals or counterfeit stamps,[bank notes, currency notes] or coins or instruments or materials for counterfeiting coin or stamps, [bank notes or currency notes] for forging,

or that any forged documents, false seals or counterfeit stamps, [bank notes, currency notes] or coins, or instruments or materials for counterfeiting coins or Stamps or [bank notes. currency notes] for forging, are kept or deposited in any place,

or for the deposit, sale, manufacture or production of any obscene object such as is referred to in Section 292 of the Pakistan Penal Code or that any such obscene objects are kept or deposited in any place; he may by his warrant authorize any police-officer above the rank of a constable-

(a) to enter with such assistance as may he required, such place, and

(b) to search the same in manner specified in the warrant, and,

(c) to take possession of any property, document, seals, stamps or [bank notes, currency notes] or coins therein found which he reasonably suspects to be stolen, unlawfully obtained, forged, false or counterfeit and also of any such instruments and material or of any such obscene objects as aforesaid, and

(d) to convey such property, documents, seals, stamps, [bank notes, currency notes], coins, instruments or materials or such obscene objects before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate or, otherwise to dispose thereof in some place of safety and,

(e) to take into custody and carry before a Magistrate every person, found in such place” who appears, to have been privy to the deposit, sale or manufacture or keeping of any such property, documents, seals, stamps, 3o[bank notes, currency notes], coins, instruments or materials or such obscene objects knowing or having reasonable cause to suspect the said property to have been stolen or otherwise unlawfully obtained or the said documents, seals, stamps, [bank notes, currency notes], coins, instruments or materials to have been forged, falsified or counterfeited, or the said instruments or materials to have been or to be intended to be used for counterfeiting coin or stamps, [bank notes, currency notes] or for forging or the said obscene objects to have been or to be intended to be sold, let to hire, distributed, publicly exhibited, circulated, imported or exported.

(2) The provisions of this section with respect to,—

(a) counterfeit coin,

(b) coin suspected to be counterfeit, and

(c) instruments or materials for counterfeiting coin, shall so far as they can be made applicable, apply respectively to;

(a) pieces of metal made in contravention of the Metal Tokens Act, 1889, or brought into Pakistan in contravention of any notification for the time being in force under Section 16 of the Customs Act, 1969;

(b) pieces of metal suspected to have been so made or to have been so brought, into Pakistan or to be intended to be issued in contravention of the former of those Acts, and

(c) instruments or materials for making pieces of metal in contravention of that Act.

Words subs. by Law Reforms Ordinance, (XII of 1972)

  1. Disposal of things found in search beyond jurisdiction:When, in the execution of a search-warrant at any place beyond the local limits of the jurisdiction of the Court which issued the same any of the things for which search is made are found, such things together with the list of the same, prepared under the provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant unless such place is nearer to the Magistrate having jurisdiction herein than to such Court, in which case the list and things shall be immediately taken before such Magistrate; and unless there be good cause to the contrary, such Magistrate shall make an order authorizing them to he taken to such Court.

99-A. Power to declare certain publications forfeited and to issue search-warrants for the same: (1) Where,—

(a) any newspaper, or book as defined in the [West Pakistan Press and Publications Ordinance, 1963, or any other- law relating to press-and publication for the time being in force],

(b) any document, wherever printed, appears to the Provincial Government to contain any treasonable or seditious matter or any matter which is prejudicial to national integration or any matter which promotes or is intended to promote, feelings of enmity or hatred between different classes of the citizens of Pakistan or which is deliberately and maliciously intended to outrage the religious feelings of any such class, by inputting the religion or religious belief of that class, [or any matter, of the nature referred 1to in clause (ii) of sub-section (1) of Section 24 of the West Pakistan Press and Publication Ordinance,1963] that is to say, any matter the publication of which is punishable under Section 123-A or Section 124-A-or Section 154-A or Section 295-A [or Section 298-A or Section 298-B or Section 298-C] of the Pakistan Penal Code, the Provincial Government may, by notification in the official Gazette stating the grounds of its opinion, declare every copy of the issue of the newspaper containing such platter and every copy of such book or other document to be forfeited to Government ,and thereupon any police-officer may seize the same wherever found in Pakistan and any Magistrate may by warrant authorize any police-officer not below the rank of sub-Inspector to enter upon and search for the same in any premises where any copy of such issue or any such book or other document may be reasonably suspected to be(

2) In sub-section (1) “document” includes also any painting, drawing or photograph, or other visible representation.

Substituted by Law Reforms Ordinance (XlI of 1972).

Inserted by Anti-Islamic Activities of Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment)

Ordinance (XX of 1984).

  1. Inserted by Anti-Islamic Activities of Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance (XX of 1984),

99-B. Application to High Court to set aside order of forfeiture: (1) Any person having any interest in any newspaper, book or other document, In respect of which an order of forfeiture has been made under Section 99-A [or any other law for the time being in force] may, within two months from the date of such order, apply, to the High Court to set aside such order on the ground that the issue of the newspaper, or the book or other document in respect of which the order was made, did not contain any treasonable or seditious or other matter of such a nature as is referred to in sub-section (1) of Section 99-A.

[(2) Nothing in subsection (1), shall apply to a case where the order of forfeiture has been made–

(a) in respect of a newspaper, book or other document printed outside Pakistan ; or

(b} in respect of a newspaper, book or other document on the conviction in respect of such newspaper, book or other document, of the author or editor thereof for any of the offences referred to in sub-section (1) of Section 99-A.]

99-C. [Omitted by Law Reforms Ordinance, XII of 1972].

99-D. Order of [High Court] setting aside forfeiture: (1) On receipt of the application, the [High Court] shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made, contained treasonable or seditious or other matter of such a nature as is referred to in sub-section (1) of Section 99-A, set aside the order of forfeiture.

(2) [Omitted by Law Reforms Ordinance, XIl of 1972].

Words inserted/substituted by Law Reforms Ordinance (XII of 1972).

99-E. Evidence to prove nature or tendency of newspaper: On the hearing of any such application with reference to any newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper, in respect or which the order of forfeiture was made.

99-F. Procedure in High Court: Every High Court shall as soon as conveniently may be, frame rules to regulate the procedure in the case of such applications, the amount of the costs thereof and the execution of orders passed thereon, and until such rules are framed, the practice of such Courts in proceedings other than suits and appeals shall apply, so far as may be practicable to such applications.

99-G. Jurisdiction barred: No order passed or action taken under Section 99-A shall be called in question in any Court otherwise than in accordance with the provisions of Section 99-B.

C.—Discovery of persons wrongfully confined

  1. Search for persons wrongfully confined:If any Magistrate of the First Class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.
  2. -Genera/ Provisions relating to Searches
  3. Direction, etc., of search-warrants;The provisions of Sections 43, 75, 77, 79, 82, 83 and 84 shall, so far as may be, apply to alt search-warrants issued under Section 96, Section 98, Section 99-A or Section 100.
  4. Persons incharge of closed place to allow search:(1) Whenever any place liable to search or inspection under this chapter is dosed, any person residing in, or being incharge of such place shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.

(2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in manner provided by Section 48.

(3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched. If such person is a woman, the directions of Section 52 shall be observed.

  1. Search to be made in presence of witnesses:(1) Before making a search under this chapter, the officer or other person about to make it shall call upon two or more respectable inhabitants of the locality in which the place to be searched is situate to attend and witness the search and may issue an order in writing to them or any of them so to do.

(2) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person signed by such witnesses; but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it.

(3) Occupant of place searched may attend: The occupant of the place searched, or some person in this behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person at his request.

(4) When any person is searched under Section 102, sub-section (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person, at his request.

(5) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by any order in writing delivered or tendered to him, shall be deemed to have committed an offence under Section 187 of the Pakistan Penal Code.

  1. —Miscellaneous
  2. Power to impound document, etc., produced:Any Court may, if it thinks fit, impound any document or thing produced before it under this Code.
  3. Magistrate may direct search in his presence:Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search warrant.

PART IV

PREVENTION OF OFFENCES

CHAPTER VIII

OF SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

  1. —Security for keeping the Peace on Conviction
  2. Security for keeping the peace on conviction:(1) Whenever any person accused of any offence punishable under Chapter VIll of the Pakistan Penal Code, other than an offence punishable under Section 143, Section 149, Section 153-A or Section 154 thereof,

or of assault or other offence involving a breach of the peace, or of abetting the same,

or any person accused of committing criminal intimidation, is convicted of such offence before a High Court, a Court of Session, or the Court of a Magistrate of the First Class, and such Court is of opinion that it is necessary to require such person to; execute a bond for keeping the peace, such Court may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means, with or without sureties, for keeping the peace during such period/not exceeding three years, as it thinks fit to fix.

(2) if the conviction is set aside on appeal or otherwise, the bond so executed shall become void.

(3) An order under this section may also be made by an Appellate Court [or by a Court] exercising its powers of revision.

Words subs. by Law Reforms Ordinance (XII of 1972).

B-Security for keeping the peace in other cases and security for good

behaviour

  1. Security for keeping the peace in other cases:Whenever[Magistrate of the First Class] is informed that any person is likely to commit a breach of the peace, disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity, the Magistrate if in his opinion there is sufficient ground for proceeding may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace for such period not exceeding one year as the Magistrate thinks fit to fix.

(2) Proceeding shall not be taken under this section unless either, the person informed against or the place where the breach of the peace or, disturbance is apprehended, is within the local limits of such Magistrate’s jurisdiction, and no proceedings shall be taken before any Magistrate [except with the approval of the Sessions Judge], unless both the persons informed against and the place where the breach of the peace or disturbance is apprehended, are within the local limits of the Magistrate’s jurisdiction.

(3) Procedure if Magistrate not empowered to act under sub-section (1):- When any Magistrate not empowered to proceed under sub-section (1) has reason to believe that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity, and that such breach of the peace, or disturbance, cannot be prevented otherwise than by detaining such person in custody, such Magistrate may, after recording his reasons; issue a warrant for his arrest if he is not already in custody or before the Court and may send him before a Magistrate empowered to deal with the case together with a copy of his reasons.

(4) A Magistrate before whom a person is sent under sub-section (3) may in his discretion detain such person in custody pending further action by himself under this Chapter.

Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001.

  1. Security for good behaviour from persons disseminating seditious matter: Whenever[Magistrate of the First Class]has information that there is within the limits of his jurisdiction any person who, within or without such limits, either orally or in writing or in any other manner intentionally disseminates or attempts to disseminate, or in any wise abets the dissemination of-

(a) any seditious matter, that is to say, any matter the publication of which is punishable under Section 123-A or Section 124-A of the Pakistan Penal Code, or

(b) any matter the publication of which is punishable under Section 153-A of the Pakistan Penal Code, or

(c) any matter concerning a Judge which amounts to criminal intimidation or defamation under the Pakistan Penal Code, such Magistrate if in his opinion there is sufficient ground for proceeding may (in manner hereinafter provided) require such person to show cause why he should not be ordered to execute a bond with or without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit to fix.

No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, [the provisions of the Press and Publications Ordinance, 1960, the West Pakistan Press and Publications Ordinance, 1963, or any other law relating to Press and Publication for the time being in force] with reference to any matters contained in such publication, except by the order or under the authority of the Provincial Government or some officer empowered by the Provincial Government in this behalf.

Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001

Words subs. by Law Reforms Ordinance (XIl of 1972).

  1. Security for good behaviour from vagrants and suspected persons:Whenever a[Magistrate of the First Class] receives information-

(a) that any person is taking precautions to conceal his presence within the local limits of such Magistrate’s jurisdiction, and that there is reason to believe that such person is taking such precautions with a view to committing any offence, or

(b) that there is within such limits a person who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself, such Magistrate may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding [three years,] as the Magistrate thinks fit to fix.

Subs. by Ordinance, XXXVtl of 2001, dt. 13-8-2001.

Substituted for the words “one year” by Item 44 (ii) of Punjab Notification No. SO(J-11) 1-8/75 (P-V), dated 21-3-1996 for

Punjab and by same Item No- of Islamabad Notification No. S.R.O. 255(i)/96, dated 8-4-1996 for Islamabad only,

  1. Security for good behaviour from habitual offenders:Whenevera [Magistrate of the First Class] receives information that, any person within the local limits of his jurisdiction—

(a) is by habit robber, house-breaker, thief or forger, or

(b) is by habit a receiver of stolen property knowing the same to have been stolen, or

(c) habitually protects or harbours thieves or aids, in the concealment or disposal of stolen property, or

(d) habitually commits or attempts to commit, or abets the commission of the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter XII of the Pakistan Penal Cede, or under Section 489-A, Section 489-B.

Section 489-C or Section 489-D of that Code, or

(e) habitually commits, or attempts to commit, or abets the commissions of, offences involving a breach of the

(f) 1s so desperate and dangerous as to render his being at large without security hazardous to the community, such Magistrate may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit to fix.

Subs by Ordinance, XXXVII of 2001, dt. 13-8-2001.

  1. Proviso as to European vagrants: [Rep. by the Criminal Law Amendment Act, 1923 (XI of’1923), Section 8}.
  2. Order to be made:When a Magistrate acting under Section 107, Section 108, Section 109 or Section 110 deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required.
  3. Procedure in respect of person present in Court:If the person in respect of whom such order is made is present in Court, it shall be read over to him or, if he so desires, the substance thereof shall be explained to him.
  4. Summons or warrant in case of person not so present:If such person is not present in Court, the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody be is, to bring him before the Court:—

Provided that whenever it appears to such Magistrate, upon the report of a police officer or upon other information (the substance of which report of information shall be recorded by the Magistrate), that there is reason to tear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest.

  1. Copy of order under Section 112 to accompany summons or warrant:Every summons or warrant issued under Section 114 shall be accompanied by a copy of the order made under Section 112, and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under, the same.
  2. Power to dispense with personal attendance:The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace, and may permit him to appear by a pleader.
  3. Inquiry as to truth of information:When an order under Section 112 has been read or explained under Section 113 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued, under Section 114, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary.

[(2) Such inquiry shall be made, as nearly as may be practicable, in the manner prescribed in Chapter XX for conducting trial and recording evidence except that no charge need be framed].

(3) Pending the completion of the inquiry under sub-section (1) the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under Section 112 has been made, to execute a bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond is executed or, in default of execution, until the inquiry is concluded:—

Provided that,—

(a) no person against whom proceedings are not being taken under Section 108, Section 109, or Section 110, shall be directed to execute a bond for maintaining good behaviour, and

(b) the conditions of Such ^bond, whether as to the amount-thereof or as to the provision of sureties or the number thereof or the pecuniary extent of their liability, shall not be more onerous that those specified in the , order under Section 112.

(4) For the purposes of this section the fact that a person is an habitual offender or is so desperate and dangerous as to render him being at large without security hazardous to the community may be proved by evidence of general repute or otherwise.

(5) Where two or more persons have been- associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall think just.

Sub-sec. (2) substituted by Law Reforms Ordinance (XII of 1972).

  1. Order to give security:(1) If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, with or without sureties the Magistrate shall make an order accordingly:—

Provided,—

first, that no person shall be ordered to give security of a nature different from, or of an amount larger than or for a period longer than, that specified in the order made under Section 112;

secondly, that the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive;

thirdly, that when the person in respect of whom the inquiry is made is a minor, the bond shall be executed only by his sureties.

  1. Discharge of person informed against:If, on an inquiry under Section 117, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made, should execute a bond the Magistrate shall make an entry on the record to that effect, and if such person is in custody, only for the purpose of the inquiry, shall release him, or, if such person is not in custody, shall discharge him.

C.—Proceedings in all cases subsequent to order to furnish security

  1. Commencement of period for which security is required:(1) If any person, in respect of whom an order requiring security is made under Section 106 or Section 118, is, at the time such order is made, sentenced to, or undergoing a sentence of imprisonment, the period for which such security is required shall commence on the expiration of such sentence.

(2) In other cases such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date.

  1. Contents of bond:The bond to be executed by any such person shall bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission, or attempt to commit, or the abetment of, any offence punishable with imprisonment, wherever it may be committed, is a breach of the bond.
  2. Power to reject sureties:(1) A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this chapter on the ground that such surety is an unfit person for the purposes of the bond:—

Provided that, before so refusing to accept or rejecting any such surety, he shall either himself hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon by a Magistrate subordinate to him.

(2) Such Magistrate shall, before holding inquiry, give reasonable notice to the surety and to the person by whom the surety was offered and shall in making the inquiry record the substance of the evidence adduced before him.

(3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or before a Magistrate deputed under sub-section (1), and the report of such Magistrate (if any) that the surety is an unfit person for the purpose of the bond, he shall make an order refusing to accept or rejecting, as the case may be, such surety and recording his reasons for so doing:—

Provided that, before making an order rejecting any surety who has previously been accepted, the Magistrate shall issue his summons or warrants, as he thinks fit, and cause the person for whom the surety is bound to appear or to be brought before him.

  1. Imprisonment in default of security:(1) If any person ordered to give security under Section 106 or Section 118 does not give such security on or before the date on which the period for which such security is to be given commences, he shall, except in the case next hereinafter mentioned, be committed to prison, or, if he is already in prison be detained in prison until such period expires or until within such period he gives the.,

security to the Court or Magistrate who made the order requiring it.

(2) Proceedings when to be laid before High Court or Court of Session: When such person has been ordered by a Magistrate to give security for a period exceeding one year, such Magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing him to be detained in prison pending the orders of the Sessions Judge; and the proceedings shall be laid, as soon as conveniently may be; before such Judge.

(3) The Sessions Judge, after examining such proceedings and requiring from the Magistrate any further information or evidence which he thinks necessary, may pass such order on the case as he thinks fit:—

Provided that the period (if any) for which any person is imprisoned for failure to give security shaft not exceed three years.

(3-A) If security has been required in the course of the same proceedings from two or more persons in respect of any one of whom the proceedings are referred to the Sessions Judge under sub-section (2), such reference shall also include the case of any other of such persons who has been ordered to give security, and the provisions of sub-sections (2) and (3) shall, in that event, apply to the case of such other person also, except that the period (if any) for which he may be imprisoned shall not exceed the period for which he was ordered to give security.

(3-B) A Sessions Judge may in his discretion transfer any proceedings laid before him under sub-section (2) or sub-section (3-A) to an Additional Sessions Judge or Assistant Sessions Judge and upon such transfer, such Additional Sessions Judge or Assistant Sessions Judge may exercise the powers of a Sessions Judge under this section in respect of such proceedings.

(4) If the security is tendered to the officer incharge of the jail. he shall forthwith refer the matter to the Court or Magistrate who made the border, and shall await the orders of such Court or Magistrate.

(5) Kind of imprisonment: Imprisonment for failure to give security for keeping the peace shall be simple.

(6) Imprisonment for failure to give security for good behaviour shall, where the proceedings have been taken under Section 108 be simple and, where the proceedings have been taken under Section 109 or Section 110, be rigorous or simple as the Court of Magistrate m each case directs.

  1. Power to release persons imprisoned for failing to give security:(1) Whenever the[Sessions Judge] is of opinion that any person imprisoned for failing to give security under this Chapter may be released without hazard to the community or to any other person, he may order such person to be discharged.

(2) Whenever any person has been imprisoned for failing to give security under this Chapter, the [Sessions Judge] may (unless the order has been made by some Court superior to his own) make an order reducing the amount of the security or the number of sureties or the time for which security has been required.

(3) An order under sub-section (1) may direct the discharge of such person either without conditions or upon any conditions, which such person accepts:—

Provided that any condition imposed shall cease to be operative when the period for which such person was ordered to give security has expired.

(4) The Provincial Government may prescribe the conditions upon which a conditional discharge may be made.

(5) If any condition upon which any such person has been discharged is, in the opinion of the [Sessions Judge] by whom the order of discharge was made or of his successor, not fulfilled, he may cancel the same.

(6) When a conditional order of discharge has been cancelled under sub-section (5) such person may be arrested by any police-officer without warrant, and shall thereupon be produced before the [Sessions Judge.]

Unless such person then gives security in accordance with the terms of the original order for the unexpired portion of the term for which he was in the first instance committed or ordered to be detained (such portion being deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date on which, except for such conditional discharge, he would have been entitled to release), the [Sessions Judge] may remand such person to prison to undergo such unexpired portion.

A person remanded to prison under this sub-section shall, subject to the provisions of Section 122 be released at any time on giving security in accordance with the terms of the original order for the unexpired portion aforesaid to the Court or Magistrate by whom such order was made, or to its or his successor.

Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001.

  1. Power to District Magistrate to cancel any bond for keeping the peace or good behaviour:The [Sessions Judge] may, at any time, for Sufficient reasons to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under this Chapter by order of any Court in his district riot superior to his Court.

Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001.

  1. Discharge of sureties:(1) Any surety for the peaceable Conduct or good behaviour of another person may at any time apply to[concerned Magistrate of the First Class] to cancel any bond executed under this Chapter within the local limits of his jurisdiction.

(2) On such application being made, the Magistrate shall issue his summons or warrant, as he thinks fit, requiring the person for whom such surety is bound to appear or to be brought before him.

Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001.

[126-A. Security for unexpired period of bond: When a person for whose appearance a warrant or summons has been issued under the proviso to sub-section (3) of Section 122 or under Section 126, sub-section (2), appears or is brought before him, the Magistrate shall cancel the bond executed by such person and shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the same description as the original security. Every such order shall, for the purposes of Sections 121, 122, 123 and 124 be deemed to be an order made under Section 106 or Section 118, as the case may be.]

  1. 126-A. inst. by Code of Criminal Procedure (Amendment) Act, XVIII of 1923.

CHAPTER IX

UNLAWFUL ASSEMBLIES AND MAINTENANCE OF PUBLIC PEACE AND SECURITY

  1. Assembly to disperse on command of Magistrate or police officer:(1) Any officer incharge of a police station may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse; and it shall thereupon be the duty of the members of such assembly to disperse accordingly.

(2) [Omitted by A.O., 1949, Sch.]

  1. Use of civil force to disperse:If, upon being so commanded, any such assembly does not disperse, or if, without being so commanded, it conducts itself in such a manner as to show a determination not to disperse, any officer incharge of a police-station, may proceed to disperse such assembly by force and may require the assistance of any male person, not being an officer, soldier, sailor or airman in the Armed Forces of Pakistan and, acting as such, for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, in order to, disperse such assembly or that they may be punished according to law:—

[provided that for diapering any assembly, firing shall not be resorted to except under the specific directions of an officer of the police not below the rank of an Assistant Superintendent or Deputy Superintendent of Police.]

Proviso added by the Ordinance. XXXVII of 2001. dt. 13-8-2001.

  1. Use of military force:If any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the (the police officer of the highest rank not below an Assistant Superintendent, or Deputy Superintendent, of Police] who is present may cause it to be dispersed by the armed forces.
  2. Duty of officer commanding troops required by Magistrate to disperse assembly:[(1) When 2o[a police officer of the highest rank not below an Assistant Superintendent, or Deputy Superintendent, of Police] determines to disperse any such assembly by the armed forces; he may require any officer thereof in command of any group of persons belonging to the armed forces to disperse such assembly with the help of the armed forces under his command and to arrest and-confine such persons forming part of it as the Magistrate [or such Police officer] may direct, or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law].

(2) Every such officer shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons.

Sub-sec: (1) substituted by Code of Criminal Procedure (Amendment) Act, XLIX of 1975.

Subs. & ins. by Ordinance, XXXVII) of 2001, dt. 13-8-2001.

  1. Power of commissioned military officers to disperse assembly:When the public security is manifestly endangered by any such assembly, and when [no police officer of the highest rank not below an Assistant Superintendent, or Deputy Superintendent, of Police] can be communicated with, any commissioned officer of the Pakistan Army may disperse such assembly by military force, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that they may be punished according to law; but if, white, he is acting under this section, it becomes practicable for him to communicate with[a Police officer not below the rank of Assistant Superintendent or Deputy Superintendent of Police.] he shall do so, and shall thenceforward obey the instructions of the [such Police officer] as to whether he shall or shall not continue such action.

[131-A. Power to use military force for public security and maintenance of law and order: (1) If the Provincial Government is satisfied that, for the public security, protection of life and property, public peace and the maintenance of law and order, it is necessary to secure the assistance of the armed forces; the Provincial Government may require, with the prior approval of the Federal Government, or the Federal Government may, on the request of the Provincial Government, direct, any officer of the armed forces or civil armed forces to render such assistance with the help of the forces under his command, and such assistance shall include the exercise of powers specified in Sections 46 to 49, 53,54, 55 (a) and (c). 58, 63 to 67, 100.102,103 and 156:—

Provided that such powers shall not include the powers of a Magistrate.

(2) Every such officer shall obey such requisition or direction, as the case may be, and in doing so may use such force as the circumstances may require.

(3) In rendering assistance relating to exercise of powers specified in sub-section (1), every officer shall, as far as may be, follow the restrictions and conditions laid down in the Code.]

Section 131-A inserted by Code of Criminal Procedure (Second Amendment) Ordinance, LXI of 1996, Section 3.

Subs. & ins. by Ordinance, XXXVII) of 2001, dt. 13-8-2001.

  1. Protection against prosecution for acts done under this Chapter:No prosecution against any person for any act purporting to be done under this Chapter shall be instituted in any Criminal Court, except with the sanction of the Provincial Government; and

(a) no police officer acting under this Chapter in good faith,

(b) no officer acting under Section 131 in good faith,

(c) no person doing any act in good faith, in compliance with a requisition under Section 128 or Section 130 [or Section 131-A]; and

(d) no inferior officer, or soldier, [sailor or airman in the armed forces] doing any act in obedience to any order which he was bound to obey, shall be deemed to have thereby committed an offence:—

Provided that no such prosecution shall be instituted in any Criminal Court against any officer or [sailor or airman in the armed forces] except with the sanction of the Federal Government.

Words inserted by Code of Criminal Procedure (Second Amendment) Order, LXt of 1996, Section 5.

[l32-A. Definitions: In this Chapter–

(a) the expression “armed forces” means the military, naval and air forces, operating as land forces and includes any other armed forces of Pakistan so operating;

(b) “officer”, in relation to the armed forces, means a person commissioned, gazetted or in pay as an officer of the armed forces and includes a junior commissioned officer, a warrant officer, a petty officer and a non-commissioned officer; and

(c) “soldier” includes a member of the force constituted under the Act referred to in clause (a).]

  1. 132-A inserted by Code of Criminal Procedure (Amendment) Act, XUX of 1975, Sections-

CHAPTER X

PUBLIC NUISANCES

  1. Conditional order for removal of nuisance:(1) Whenever a [Magistrate of the First Class] considers, on receiving a police-report or other information and on taking such evidence (if any) as he thinks fit, that any unlawful obstruction or nuisance should be removed from any way, river or channel which is or may be lawfully used by the public, or from any public place, or that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and: that in consequence of such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated, or that the construction of any building, or the disposal of any substance, as is likely to occasion conflagration or explosion, should be prevented or stopped, or that any building, tent or structure, or any tree is in such a condition that it is likely to fait and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary, or that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public, or that any dangerous animal should be destroyed, confined or otherwise disposed of, such Magistrate may make a conditional order requiring the person causing-such obstruction or nuisance or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order, to remove such obstruction or nuisance; or to desist from carrying on, or to remove or regulate in such manner as maybe directed, such trade or occupation, or to remove such goods or merchandise, to regulate the keeping thereof in such manner as may be directed; or to prevent or stop the erection of, or to remove, repair or support, such building, tent or structure; or to remove or support such tree, or to alter the disposal of such substance; or to fence such tank, well or excavation, as the case may be; or to destroy, confine or dispose of such dangerous animal in the manner provided in the said order; or, if he objects so to do, to appear before himself or some other[Magistrate of the First Class] or Second Class, at a time and place to be fixed by the order, and move to have the order set aside or modified in the manner hereinafter provided.

(2) No order duty made by a Magistrate under this section shall be called in question in any Civil Court.

Explanation: A “public place” includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes.

Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001.

  1. Service or notification of order:(1) The order shall, if practicable, be served on the person against whom it is made, in manner herein provided for service-of a summons.

(2) If such order cannot be so served, it shall be notified by proclamation published in such manner as the Provincial Government may by rule direct, and a copy thereof shall be stuck up at such place or places as may be fittest for conveying the information to such person.

  1. Person to whom order is addressed to obey or show cause or claim jury:The person against whom such order is made shall,—

(a) perform within the time and in the manner specified in the order, the act directed thereby; or

(b) appear in accordance with such order and either show cause against the same, or apply to the Magistrate by whom it was made to appoint a jury to try whether the same is reasonable and proper.

  1. Consequence of his failing to do so:If such person does not perform such act or appear and show cause or apply for the appointment of a jury as required by Section 135, he shall be liable to the penalty prescribed in that behalf in Section 188 of the Pakistan Penal Code and the order shall be made absolute.
  2. Procedure where he appears to show cause:(1) If he appears and shows’ cause against the order, the Magistrate shall take evidence[in the manner provided in Chapter XX].

(2) If the Magistrate is satisfied that the order is not reasonable and proper, no further proceedings shall be taken in the case.

(3) If the Magistrate is not so satisfied, the order shall be made absolute.

Words subs. by Law Reforms Ordinance, XII of 1972.

  1. Procedure when he claims Jury: (1) On receiving an application, under Section 135 to appoint a jury, the Magnate shall;

(a) forthwith appoint a jury consisting of an uneven number of persons not jess than five, of whom the foreman and one-half of the remaining members shall be nominated by such Magistrate, and the other members by the applicant;

(b) summon such foreman and members to attend at such place and time as the Magistrate thinks fit; and

(c) fix a time within which they are to return their verdict-

(2) The time so fixed may, for good cause shown, be extended by the Magistrate.

  1. Procedure where jury finds Magistrate’s order to be reasonable:If the jury or a majority of the jurors find that the order of the Magistrate is reasonable and proper as originally made, or subject to a modification which the Magistrate accepts, the Magistrate shall make the order absolute, subject to such modification (if any).

(2) In other cases no further proceedings shall be taken under this Chapter.

139-A. Procedure where existence of public right is denied: (1) Where an order is made under Section 133 for the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, river; channel or place, the Magistrate shall, on the appearance before him of the person against whom the order was made, question him as to whether he denies the existence of any public right in respect of the way, river, channel or place, and if he does so, the Magistrate shall, before proceeding under Section 137 or Section 138 inquire into the matter.

(2) If in such inquiry the Magistrate finds that there is any reliable evidence in support of such denial, he shall stay the proceeding until the matter of the existence of such right has been decided by a competent Civil Court; and, if he finds that there is no such evidence, he shall proceed as laid down in Section 137 or Section 138, as the case may require.

(3) A person who has, on being questioned by the Magistrate under sub-section (1) failed to deny the existence of a public right of the nature therein referred to, or who, having made such denial, has failed to adduce reliable evidence in support thereof, shall not in the subsequent proceedings be permitted to make any such denial, nor shall any question in respect of the existence of any such public right be inquired into by any jury appointed under Section 138.

  1. Procedure on order being made absolute:(1) When an order has been made absolute under Section 136, Section 137 or Section 139, the Magistrate shall give notice of the same to the person against whom the order was made, and shall further require him to perform the act directed by the order within a time to be fixed in the notice, and inform him that, in case of disobedience, he will be liable to the penalty provided by Section 188 of the Pakistan Penal Code.

(2) Consequences of disobedience to order: If such act is not performed within the time fixed, the Magistrate may cause it to be performed, and may recover the costs of performing it, either by the sate of any building, goods or other property removed by his order, or by the distress and sale of any other movable property of such person within or without the local limits of such Magistrate’s jurisdiction. If such other property is without such limits, the order shall authorise its attachment and sale when endorsed by the Magistrate within the local limits of whose jurisdiction the property to be attached is found.

(3) No suit shall lie in respect of anything done in good faith under this section.

  1. Procedure on failure to appoint jury or omission to return verdict:If the applicant, by neglect or otherwise, prevents the appointment of the jury, or if from any cause the jury appointed do not return their verdict within the time fixed or within such further time as the Magistrate may in his discretion allow, the Magistrate may pass such order as he thinks fit, and such order shall be executed in the manner provided by Section 140.
  2. Injunction pending Inquiry:(1) If a Magistrate making an order under Section 133 considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, he may, whether a jury is to be or has appointed w not, issue such an injunction to the person against whom the order was made, as is required to obviate or prevent such danger or injury pending the determination of the matter.

(2) In default of such person forthwith obeying such injunction, the Magistrate may himself use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury.

(3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section.

  1. Magistrate may prohibit repetition or continuance of public nuisance:A[Magistrate of the First Class]; may order any person not to repeat or continue a public nuisance, and defined in the Pakistan Penal Code or any special or Local law.

Subs by Ordinance, XXXVII of 2001, dt. “13-8-2001,

CHAPTER XI

TEMPORARY ORDERS IN URGENT CASES OF NUINANCE OR APPREHANDED DANGER

  1. Power to issue order absolute at once in urgent cases of nuisance or apprehended danger:(1) in cases where, in the opinion of[the Zila Nazim upon the written recommendation of the District Superintendent of Police or Executive District Officer] there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable. [the Zila Nazim] may, by a written order stating the material facts of the case and served in manner provided by Section 134, direct any person to abstain from a certain act or take certain order with certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, or clanger to human life, health or safety, or a disturbance of the public tranquillity, or a riot, or an affray.

(2) An order under this section may, in case of emergency or In cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed, exparte.

(3) An order under this section may be directed to a particular individual, or to the public generally when frequenting or visiting a particular place.

(4) [The Zila Nazim] may, either, on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section by himself or by his predecessor-in-office.

(5) Where such an application is received, the Magistrate shall afford to the applicant an early opportunity of appearing before him either in person or by pleader and showing cause against the order; and, if the [Zila Nazim] rejects the application wholly or in part, he shall record in writing his reasons for so doing.

(6) No order under this section shall remain in force for more than two 39[consecutive days and not more than seven days in a month] from the making thereof; unless, in cases of danger to human life, health or safety, or a likelihood of a riot or an affray, the Provincial Government, by notification in the official Gazette, otherwise directs.

[(7) In the application of sub-sections (1) to (6) to the districts where the local Government elections have not been held, or the Zila Nazim has not assumed charge of office, any reference in those provisions to the Zila Nazim shall be read as a reference to the District Coordination Officer in relation to such districts:—

Provided that this sub-section shall cease to have effect, and shall be deemed to have been repealed, at the time when local Governments are installed in the districts as aforesaid.]

Subs. by Ordinance. XXXVII of 2001, dt. 13-8-2001.

Sub-section (7) 2 Proviso added by Ordinance, XLMI of 2001, . dt. 29-8-2001.

CHAPTER XII

DISPUTES AS TO IMMOVABLE PROPERTY

  1. Procedure where dispute concerning land, etc., is likely to cause breach of peace:(1) Whenever a[Magistrate of the First Class] is Satisfied from a police report or other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof within the local limits of his jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, within a time to be fixed by such Magistrate and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.

(2) For the purposes of this section the expression “land or water” includes buildings, markets, fisheries, crops or other produce of land and the rents or profits of any such property.

(3) A copy of the order shall be served in manner provided by this Code for the service of a summons upon such person or persons as the Magistrate may direct, and at least one copy shaft be published by being affixed to some conspicuous place at or near the subject of dispute.

(4) Inquiry as to possession: The Magistrate shall then, without reference to the merits or the claims of any of such parties to a right to possess the subject of dispute peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them respectively, consider the effect of such evidence, take such further evidence (if any) as he thinks necessary, and, if possible, decide whether any and which of the parties was at the date of the order before mentioned in such possession of the said subject:—

Provided that, if it appears to the Magistrate that any party has within two months next before the date of such order been forcibly and wrongfully dispossessed, he may treat the party so dispossessed as if he had been in possession at such date:—

Provided also, that if the Magistrate considers the case one of emergency, he may at any time attach the subject of dispute, pending his decision under this section.

Subs. & omitted by Ordinance, XXXVII of 2001, dt-13-8-2001.

(5) Nothing in this section shall-preclude any party so required to attend or any other person interested, from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but, subject to such cancellation, the order of the Magistrate under sub-section (1) shall be final.

(6) Party in possession to retain possession until legally evicted: If the Magistrate decides that one of the parties was or should under the first proviso to sub-section (4) be treated as being in such possession of the said subject he shall issue an order declaring such party to be entitled to possession thereof until evicted there from in due course of law, and forbidding alt disturbance of such possession until such eviction and when he proceeds under the first proviso to sub-section (4), may restore to possession the party forcibly and wrongfully dispossessed.

(7) When any party to any such proceeding dies, the Magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry and if any question arises as to who the legal representative of a deceased party for the purpose of such proceeding is, all persons claiming to be representatives of the deceased party shall be made parties thereto.

(8) If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make such order for the .disposal of such property , or the sale-proceeds thereof, as he thinks fit.

(9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the application of either party, issue a summons to any witness directing him to attend or to produce any document or thing.

(10) Nothing in this section shall be deemed to be in derogation of the powers of the Magistrate, to proceed under Section 107.

  1. Power to attach subject of dispute:(1) If the Magistrate decides that none of the parties was then in such possession, or is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach it until a competent, Court has determined the rights of the parties thereto, or the person entitled to possession thereof:—

Provided that the Magistrate who had attached the subject of dispute may withdraw the attachment of any item if he is satisfied that there is no longer any likelihood of a breach of the peace in regard to the subject of dispute.

(2) When the Magistrate attaches the subject of dispute. he may, if he thinks fit and if no receiver of the property, the subject of dispute, has been appointed by any Civil Court appoint a receiver thereof, who, subject to the control of the Magistrate, shall have all the powers of a receiver appointed under the Code of Civil Procedure, 1908:—

Provided that, in the event of a receiver of the property, the subject of dispute, being subsequently appointed by any Civil Court, possession shall be made over to him by the receiver appointed by the Magistrate, who shall thereupon be discharged.

  1. Dispute concerning rights of use of immovable property, etc.:(1) Whenever any[Magistrate of the First Class] is satisfied, from a police-report or other information that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of any land or water as explained in Section 145, sub-section (2) (whether such rights be claimed as an easement or otherwise) within the local limits of his Jurisdiction, he may make an order in writing stating the grounds of his being so satisfied and requiring the parties concerned in such dispute to attend the Court in person or by pleader within a time to be fixed by such Magistrate and to put in writing statements of their respective claims, and shall thereafter inquire into the matter in the manner provided in Section 145, and the provisions of that section shall, as far as may be, be applicable in the case of such inquiry.

Subs, by Ordinance, XXXVII of 2001. dt. 13-8-2001.

(2) If it appears to such Magistrate that such right exists, he may make an order prohibiting any interference with the exercise of such right:—

Provided that no such order shall be made where the right is exercisable at all times of the year, unless such right has been exercised within three months next before the institution of the inquiry, or where the right is exercisable only at particular seasons or on particular occasions, unless the right has been exercised during the last of such seasons or on the last of such occasions before such institution.

(3) If it appears to such Magistrate that such right does not exist, he may make an order prohibiting any exercise of the alleged right.

(4) An order under this section shall .be subject to any subsequent decision of a Civil Court of competent jurisdiction.

  1. Local inquiry:(1) Whenever a local inquiry is necessary for the purposes of this Chapter, 44[a Sessions Judge] may depute any Magistrate subordinate to him to make the inquiry and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.

(2) The report of the person so deputed may be read as evidence rn the case.

(3) Order as to costs: When any costs have been incurred by any party to a proceeding under this Chapter the Magistrate passing a decision under Section 145, Section 146 or Section 147 may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion, such costs may include any expenses incurred in respect of witnesses, and of pleader’s fees, which the Court may consider reasonable.

Subs. by Ordinance, XXXVIl of 2001, dt. 13-8-2001

CHAPTER XIII

PREVENTIVE ACTION OF THE POLICE

  1. Police to prevent cognizable offences: Every police officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent the commission of any cognizable offence.
  2. Information of design to commit such offences:Every police officer receiving information of a design to commit any cognizable offence shall communicate such information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of any such offence.
  3. Arrest to prevent such offences:A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.
  4. Prevention of injury to public property:A police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or injury of any public landmark or buoy or other mark used for navigation.
  5. Inspection of weights and measures:(1) Any officer incharge of a police station may, without a warrant, enter any place within the limits of such station for the purpose of inspecting or searching for any weights or measures or instruments for weighing, used or kept therein whenever he has reason to believe that there are in such place any weights, measures or instruments for weighing which are false.

(2) If he finds in such place any weights, measures or instruments for weighing which are raise, he may seize the same, and shall forthwith give information of such seizure to a Magistrate having jurisdiction.

PART V

INFORMATION TO POLICE AND THEIR POWERS TO INVESTIGATE

CHAPTER XIV

  1. Information in cognizable cases:Information relating to the, commission of a cognizable offence if given orally to an officer incharge of a police station, shall be reduced to writing by him or under his direction and then read over to the informant and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the Provincial Government may prescribe in this behalf:
  2. Information in non-cognizable cases:(l) When information is given to an officer incharge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter in a book to be kept as aforesaid the substance of such information and refer the information the Magistrate.

(2) Investigation into non-cognizable cases: No police-officer shall investigate a non-cognizable case without the order of a Magistrate of the First or Second Class having power to try such case [or send the same for trial to the Court of Session].

(3) Any police officer receiving such order may exercise, the, same powers in respect of the investigation (except the power to arrest without warrant) as an officer incharge of a police-station may exercise in a cognizable case.

Words subs. by Law Reforms Ordinance. XH of 1972.

  1. Investigation into cognizable cases:(1) Any officer incharge of a police-station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would, have power to inquire into or try under the provisions of Chapter XV relating to the place of inquiry or trial.

(2) No proceeding of a police-office in any such case shall at any stage be called in question on the ground that the case was one, which such officer was not empowered under this section to investigate.

Any Magistrate empowered under Section 190 may order such an investigation as above mentioned.

[(4) Notwithstanding anything contained in sub-sections (2) or (3) no police-officer shall investigate an offence under Section 497 or Section 498 of the Pakistan Penal Code, except upon a complaint made by the husband of the woman, or, in his absence by some person who had the care of such woman on his behalf at the time when such offence was committed.]

Sub-section (4) added by Law Reforms Ordinance, XII of 1972.

  1. Procedure where cognizable offence suspected:(1) If from information received or otherwise, an officer incharge of a police-station has reason to suspect the commission of an offence which he is empowered under Section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police-report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the Provincial Government may, by general or special order, prescribe in this behalf to proceed, to the spot, to investigate the facts and circumstance of the case, and, if necessary, to take measures for the ‘discovery and arrest of the offender:—

Provided as follows:—

(a) Where local investigation dispensed with: When any information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer incharge of a police-station need not proceed in person or depute a subordinate officer to make an investigation on the spot;

(b) Where police-officer incharge sees no sufficient ground for investigation: if it appears to the officer incharge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case.

(2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-section (1), the officer incharge of the police-station shall state in his said report his reasons for not fully complying with the requirements of that sub-section, and, in the case mentioned in clause (b) such officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by the Provincial Government the fact that he will not investigate the case or cause it to be investigated.

  1. Reports under Section 157 how submitted:(1) Every report sent to a Magistrate under Section 157 snail, if the Provincial Government so, directs, be submitted through such superior officer of police as the Provincial Government, by general or special order, appoints in that behalf.

(2) Such superior officer may give such instructions to the officer incharge of the police station as he thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate.

  1. Power to hold investigation or preliminary inquiry:Such Magistrate, on receiving such report may direct an investigation or, if he thinks fit at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in manner provided in this Code.
  2. Police-officer’s power to require attendance of witnesses:Any police-officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person, being within the limits of his own or any adjoining station who, from, the information given or otherwise, appears to be acquainted with the circumstances of the case; and such person shall attend as so required.
  3. Examination of witnesses by police:(1) Any police-officer making an investigation under this Chapter or any police-officer not” below such rank as the Provincial Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer may examine orally any person supposed to be acquainted with the facts and circumstances of the case.

(2) Such person shall be bound to answer all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

(3) The police officer may reduce into writing any statement made to him in the course of an examination under this section, and if he does so he shall make a separate record of the statement of each such person whose statement he records.

  1. Statements to police not to be signed, use of such statements in evidence:(1) No statement made by any person to a police-officer in the course of an investigation under this Chapter shall if reduced into writing be signed by the person making it; nor shall any such statement or any record thereof whether in a police-diary or otherwise or any part of such statement or record, be used for any purpose (save as hereinafter provided) at any inquiry or trial in respect of any offence under investigation at the time when such statement was made:—

Provided that, when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid the Court shall on the request of the accused, refer to such writing and direct that the accused be furnished with a copy thereof, in order that any part of such statement, if duly proved, may be used to contradict such witness in the manner provided by Section 145 of the Evidence Act, 1872. When any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination:—

Provided further, that, if the Court is of opinion that any part of any such statement is not relevant to the subject-matter of the Enquiry or trial or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interests, it shall record such opinion (but-not the reasons therefore) and shall exclude such part from the copy of the statement furnished to the accused.

(2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of Section 32, clause (1) of the Evidence Act, 1872 or to affect the provisions of Section 27 of that Act.

  1. No inducement to be offered:(1) No police officer or other person in authority shall offer or make, or cause to be offered or made, any such inducement, threat or promise as is mentioned in the Evidence Act, 1872, Section 24.

(2) But no police officer or other person shall prevent by any caution or otherwise, any person from making in the course of any investigation under this Chapter any statement, which he may be disposed to make of his, own free will.

  1. Power to record statements and confessions:(1) Any Magistrate of the First Class and any Magistrate of the Second Class specially empowered in this behalf by the Provincial Government may, if he is not a police officer, record any statement or confession made to him in the course of an investigation under this Chapter or at any time afterwards before the commencement of the inquiry or trial.

[(1-A) Any such statement may be recorded by such Magistrate in the presence of the accused, and the accused given an opportunity of cross-examining the witness making the statement],

(2) Such statements shall be recorded in such of the manners hereinafter prescribed for recording evidence as is, in his opinion, best fitted for the circumstances of the case. Such confessions shall be recorded and signed in the manner provided in Section 364, and such statements or confessions shall then be forwarded to the Magistrate by whom the case is to be inquired into or tried-

(3) A Magistrate shaft, before recording any such confessions explain to the person making it that he is not bound to make a confession and that if he does so it may be used as evidence against him and no Magistrate shall record any such confession unless, upon questioning the person making it, he has reason to believe that it was made voluntarily; and when he records any confession, he shall make a memorandum at the foot of such record to the following effect:

“I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him-(Signed) A.B. Magistrate.

Explanation: It is not necessary that the Magistrate receiving and recording a confession or statement should be a Magistrate having Jurisdiction in the case.

Sub-section (1-A) added by Law Reforms Ordinance, XII of 1972.

  1. Search by police-officer:(1) whenever an officer incharge of a police-station or a police-officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place within the limits of the police-station of which he is incharge, or to which he is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station:—

Provided that no such officer shall search, or cause search to be made, for anything which is in the custody of a bank or banker as defined in the Bankers’ Books Evidence Act, 1891 (XVIII of 1891), and relates, or might disclose any information which relates, to the bank account of any person except,—

(a) for the purpose of investigating an offence under Sections 403. 406, 408 and 409 and Sections 421 to 424 (both inclusive) and Sections 465 to 477-A (both inclusive) of the Pakistan Penal Code with the prior permission in writing of a Sessions Judge; and

(b) in other cases, with the prior permission in writing of the High Court.

(2) A police-officer proceeding under sub-section (1) shall, if practicable, conduct the search in person.

(3) If he is unable to conduct the search in person, and there is no other person competent to make the search present at the time, he may, after recording in writing his reasons for so doing require any officer subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing specifying the place to be searched and, so far as possible, the thing for which search is to be made; and such subordinate officer may thereupon search for such thing in such place.

(4) The provisions of this Code as to search warrants and the general provisions as to searches contained in Section 102, Section 103 shall, so far may be, apply to a search made under this section.

(5) Copies of any record made under sub-section (1) or sub-section (3) shall forthwith be sent to the nearest Magistrate empowered to take cognizance of the offence and the owner or occupier, of the place searched shall on application be furnished with a copy of the same by the Magistrate:—

Provided; that he shall pay for the same unless the Magistrate for Some special reason thinks fit to furnish it free of cost.

  1. When officer incharge of police station may require another to issue search warrant:(1) An officer incharge of a police-station or a police-officer not being below the rank of sub-inspector making an investigation, may require an officer incharge of another police-station, whether in the same or a different district, to cause a search to be made in any place, in any case In which the former officer might cause such search to be made, within the limits of his own station.

(2) Such officer, on being So required, shall proceed according to the provisions of Section 165, and shall forward the thing found, if any. to the officer at whose request the search was made,

(3) Whenever there is reason to believe that the delay occasioned by requiring an officer incharge of another police station to cause a search to be made under sub-section (1) might result in evidence of the commission of an offence being concealed or destroyed, it shall be lawful for an officer incharge of a police-station or a police-officer making an investigation under this chapter to search, or cause to be searched, any place in the limits of another police station, in accordance with the provisions of Section 165, as if such place were within the limits of his own station.

(4) Any officer conducting a search under sub-section (3) shall forthwith send notice of the search to the officer incharge of the police station within the limits of which such place is situate, and shall also send with such notice a copy of the list (if any) prepared under Section 103, and shall also send to the nearest Magistrate empowered to take cognizance of the offence, copies of the records referred to in Section 165, sub-sections (1) and (3).

(5) The owner or occupier of the place searcher shall, on application be furnished with a copy of any record sent to the Magistrate under sub-section (4):—

Provided that he shall pay for the, same unless the Magistrate for some special reasons thinks fit to furnish it free of cost.

  1. Procedure when investigation cannot be completed in twenty-four hours:(1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty four hours fixed by Section 61, and there are grounds for believing that the accusation or information is well founded, the officer incharge of the police-station or the police-officer making the investigation if he is not below the rank of the sub-inspector, shall forthwith transmit to the nearest Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate.

Explanation: [Omitted by the Ordinance, XXXVII of 2001, dt. 13-8-2001.]

(2) The Magistrate to whom an accused person is forwarded under, this section may, whether he has or has not jurisdiction to try the case, from time to time, authorize the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole. If he has no jurisdiction to try the case or [send] it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction;—

Provided that no Magistrate of the Third Class, and no Magistrate of the Second Class not specially empowered in this behalf by the Provincial Government shall authorise detention in the custody of the police.

(3) A Magistrate authorizing under this section detention in the custody of the police shall record his reasons for so doing.

[(4) The Magistrate, giving such order shall forward copy of his order, with his reasons for making it, to the Sessions Judge].

[(5) Notwithstanding anything contained in Sections 60 and 61 or hereinbefore to the contrary, where the accused forwarded under sub-section (2) is a female, the Magistrate shall not except—in the cases involving QatI or dacoity supported by reasons to be recorded in writing, authorise-the detention of the accused in police custody, and the police officer making an investigation shall interrogate the accused referred to in subsection (1) in the prison in the presence of an officer of jail and a female police officer.

(6) The officer incharge of the prison shall make appropriate arrangements the admission of the investigating police officer into the prison for the purpose of interrogating the accused.

(7) If for the purpose of investigation, it is necessary that the accused referred to in subsection (1) be taken out of the prison, the officer incharge of the police station or the police officer making investigation, not below the rank of sub-inspector, shall apply to the Magistrate in that behalf and the Magistrate may, for the reasons to be recorded in writing, permit taking of accused out of the prison in the company of a female police officer appointed by the Magistrate:—

Provided that the accused shall not be kept out of the prison while in the custody of the police between sunset and sunrise].

Word subs. by Law Reforms Ordinance, XII of 1972.

Sub-sec. (4) subs. by Law Reforms Ordinance, XII of 1972.

Sub-sections (5) to (7) added by Code of Criminal Procedure (Second Amendment) Act. XX of 1994, 8.2,

  1. Report of Investigation by subordinate police officer:When any subordinate police officer has made any investigation under this Chapter, he shall report the result of such investigation to the officer incharge of the police-station.
  2. Release of accused when evidence deficient:If upon an investigation under this Chapter, it appears to the officer incharge of the police station or to the police officer making the investigation that there is no sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall if such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognisance of the offence on a police-report and to try the accused or send him for trial.
  3. Case to be sent to Magistrate when evidence is sufficient:(1) If, upon an investigation under this Chapter, it appears to the officer incharge of the police-station that there is sufficient evidence or reasonable ground as aforesaid such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police-report and to try the accused or send him for trial, or if the offence is bailable and the accused is able to give security, shall take shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day-today before such Magistrate until otherwise directed.

(2) When the officer Incharge of a police station forwards an accused person to a Magistrate or take security for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other article which it may, be necessary, to produce before him and shall require the complainant,(if any) and so-many of the persons who appear to such officer to be acquainted with the circumstances of the case as he may think necessary, to execute a bond to appear before, the Magistrate as thereby directed and prosecute or, give evidence (as the case may be) in the matter of the charge against the accused.

(3) Omitted by item No. 65 (ii) of Punjab Notification No. SO(J-ff) 1-8/75 (P-V), dated 21.3.1996 for Punjab and by same Item No. of Islamabad Notification No. S.R.O. 255 (I)/96, dated 8-4-1996 for Islamabad only.]

(4) [Rep. by the Code of Criminal Procedure (Amendment Act II of 1926 Section 2]

(5) The officer in whose presence the bond is executed shall deliver a-copy thereof to one of the persons who executed it, and shall then send to the Magistrate the original with his report.

  1. Complainants and witnesses not to be required to accompany police-officer:No complainant or witness on his way to the Court of Magistrate shall be required to accompany a police officer.

Complainants and witnesses not to be subjected to restraint: Or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond.

Reseusant complainant witness may be forwarded in custody: Provided that, if any complainant or witness refuses to attend or to execute a bond as directed in Section 170, the officer in-charge of the police-station may forward him in custody to the Magistrate who may detain him in custody until he executes such bond, or until the hearing of the case is completed.

  1. Diary of proceedings in investigation:(1) Every police-officer making an investigation under this Chapter shall day by day enter his proceedings in the investigation in-a diary setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places Visited by him, and a statement of the circumstances ascertained through his investigation.

(2) Any Criminal Court may send for the police-diaries of a case under inquiry or trial in such Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial. Neither the accused nor his agents shall be entitled to call for such diaries, nor shaft he or they be entitled to see them merely because they are referred to by the Court; but, if they are used by the police-officer who made them, to refresh his memory, or if the Court uses them for the purpose of contradicting such police-officer, the provisions of the Evidence Act, 1872, Section 161 or Section 145, as the case may be, shall apply.

  1. Report of police officer:(1) Every investigation under this Chapter shall be completed without unnecessary delay, and, as soon as it is completed, the officer incharge of the police-station shall[through the Public Prosecutor]

(a) forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the Provincial Government, setting forth the names of the parties, the nature of the information and the names of the persons who appear to be acquainted with the circumstances of the case, and stating whether the accused (if arrested) has been forwarded in custody or has been released on his bond, and, if so, whether with or without sureties, and

(6) communicate, in such manner as may be prescribed by the Provincial Government, the action taken by him to the person, if any, by whom the information relating to the commission of the offence was first given:—

[provided that, where investigation is not completed within a period of fourteen days from the date of recording of the first information report under Section 154, the officer incharge of the police station shall, within three days of the expiration of such period, forward to the Magistrate through the Public Prosecutor, an interim report in the form prescribed by the Provincial Government stating therein the result of the investigation made until then and the Court shall commence the trial on the basis of such interim report, unless, for reasons to be recorded, the Court decides that the trial should not so commence],

(2) Where a superior officer of police has been appointed under Section 158, the report shall, in any cases in which the Provincial Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer incharge of the police-station to make further investigation.

(3) Whenever it appears from a report forwarded under this section that the accused has been released on his bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fit.

(4) A copy of any report forwarded under this section shall, on application, be furnished to the accused before the commencement of the inquiry or trial:—

Provided that the same shall be paid for unless the Magistrate for some special reason thinks fit to furnish it free of cost.

[(5) Where the officer incharge of a police station forwards a report under sub-section (1), he shall along with the report produce the witnesses in the case, except the public servants, and the Magistrate shall bind such witnesses for appearance before him or some other Court on the date fixed for trial.]

Words added by Code of Criminal Procedure (Amendment) Act, XXV of 1992, S.2(i).

Proviso added by ibid., S. 2 (ii), dated 12-12-1992.

Sub-section (5) added by Code of Criminal Procedure (Amendment) Act, XXV of 1992.

Court Decisions

Report of Police Officer-Binding, effect of  – Report submitted by the Investigating Officer under S.173, Cr. P. C. was not binding on the Court  – Court, notwithstanding the recommendation of the Investigating Officer regarding cancellation of the case and discharge of the accused from the case, could decline to cancel the case and proceed to take cognizance as provided in S.190, Cr. P. C. and summon the accused to face the trial. 2001 M L D 1578

 PLD 1985 SC 62 ref.

 Report submitted by the Investigating Officer under 5.173, Cr. P. C. is not binding on the Court and the Court, therefore, notwithstanding the recommendation of the Investigating Officer regarding cancellation of case and discharge of the accused from it may decline to cancel the case and proceed to take cognizance as provided in 5.190, Cr. P. C. and summon the accused to face the trial. 1997 S C M R 299

 PLD 1967 SC 425 ref.

Belated police report:– Delay in submission of challan in disregard of S. 173, Cr.P.C, by itself, does not vitiate the entire proceedings-Requirement of S. 173(1), Cr.P.C is directory-submission of belated report after the expiry of the period fixed by S. 173, Cr.P.C although is not the compliance as directed by the said provisions, yet it can be considered substantial compliance-Even otherwise, taking of cognizance by the Court on a belated police report is not prohibited under S. 190, Cr.P.C.  PLD 2003 Kar. 216

Petitioner through his Constitutional petition prayed for quashment of FIR in question registered with PNCS u/S.  10, Dangerous Drugs Act, 1993 and Arts. 3, 4, Prohibition (Enforcement of Hadd) Order, 1979-Thirty-nine months were gone by and investigator has failed to submit in Court report U/S. 173 Cr. P. C.  which as per section of Cr. P. C.  is to be done within 15 days-Pendency of case in hands of investigator for about 40 months without progress is a fact itself sufficient to quash FIR-Result is that FIR and all further proceedings in pursuance of same were quashed. 1999 P.Cr.l.j. 448

Discharge of accused  – Police having found the accused innocent, requested Judicial Magistrate to discharge the accused, request of the police was turned down by the Magistrate on the ground of lack of jurisdiction as the case was triable by the Sessions Court   – Validity – ­Discharge of the accused from the case did not amount to his acquittal in terms of Ss.245, 249-A or 265-K, Cr. P. C. and discharge order was not a judicial order,, but was an. administrative order amenable to recall upon emergence/discovery of fresh material by the investigator on which count the Magistrate was the Competent Authority in terms of Ss. 169 & 173, Cr. P. C. Prior to the commencement of the trial or taking of cognizance of the matter by the Trial Court, the Magistrate was competent to pass orders regarding discharge of the accused, but after taking cognizance by the Trial Court, exclusive jurisdiction would vest in the Trial Court to pass appropriate order  – Order of the Magistrate refusing to entertain request of police for discharge of the accused on account of lack of jurisdiction, was set aside by High Court. 2001 M L D 1578

PLD 1949 Lah.537; AIR 1938 Lah.469; PLD 1980 Lah.28; PLD 1962 Lah.405 and 1997 SCMR 299 ref.

Accused after submission of Challan sought quashment of proceedings by filing application under S.561-A, Cr. P. C. but that application was dismissed – Despite dismissal order by the High Court, Trial Court discharged the accused on the grounds that dispute being civil in nature and criminal transactions being spread over more than one year the joint trial was bad in law – Validity – Accused could not have been discharged after the submission of final report under S.173, Cr. P. C. and after taking cognizance by the Trial Court – Only provision which could be made use of, was S.249-A, Cr. P. C. when there was no probability of conviction – Order discharging accused after having issued process and having taken cognizance of the case, was set aside being not sustainable in law. 2001 MLD 1071.

Malik Murid Sadiq v. The State 1968 P. Cr. L. J. 657; Muhammad Aslam and another v. Additional Secretary to Government of N.W.F.P. PLD 1987 SC 103; Nadir Shah v. The State 1980 SCMR 402 and Wazir v. The State PLD 1962 (W.P.) Lah.405 ref.

Prosecution witnesses had fully implicated the accused in their statements recorded under S.161, Cr. P. C. ­ Magistrate, therefore, could not discharge the accused on the basis of police opinion that they were innocent as such a finding could either be given by the competent Court or by High Court in quashment proceedings  – Prosecution was consequently directed to move an appropriate application in the High Court for annulment of the aforesaid order of discharge passed by the Magistrate. P L D 1997 Lah.164

Trial Court not agreeing with the conclusion of Investigating Officer declined to discharge the accused from the case and directed the police to submit Challan against them  – High Court in exercise of its revisional jurisdiction cancelled the case against the accused and directed the recovered allegedly smuggled item (gold) to be handed over to the respondent  – Held, reasons given by Trial Court, for not accepting the report of Investigating Officer for cancellation of the case and discharge of the accused from the same could not be discarded by the High Court merely on the basis of the Investigating Officer’s report Said reasons advanced by Trial Court being neither perverse nor fanciful or arbitrary did not even justify interference by High Court in exercise of its revisional jurisdiction under Ss.435 & 439, Cr. P. C. Approach of High Court was wholly misconceived as it had made definite observation on the merits of the case without allowing opportunity to Trial Court to record evidence in the case and to examine its merits  – Order of High Court was set aside accordingly and the case was remanded by S.C. to Trial Court for proceeding in accordance with law in the light of above observations. 1997 S C M R 299

PLD 1967 SC 425 ref.

No order of discharge was passed by the Ilaqa Magistrate on the basis of the police report under S.173, Cr. P. C. although two different Investigating Officers had found the accused innocent and had recommended their discharge from the case Sessions Court, therefore, while rejecting the application of accused under S.265-K, Cr. P. C. through the impugned order and framing the charge, had not committed any illegality  – Case against accused was to be decided by the Trial Court on the basis of legal evidence produced before it  – Revision petition was dismissed accordingly. 1997 M L D 1745

PLD 1966 (W.P.) Lah.344; 1995 MLD 1635; 1990 P. Cr. L. J 1765 and PLD 1988 Lah.336 ref. PLD 1980 Lah.81; PLD 1985 Lah.71 and PLD 1986 Lah.81 distinguished. 1985 SCMR 1314 fol.

Executive order passed by Magistrate not subject to revision, but amendable to inherent jurisdiction of High Court – Cancellation of FIR-Magistrate while concurring with the police report submitted. Under S. 173, did not act as a Criminal Court inferior to the Court of Sessions and the High Court and his order, therefore, cannot be revised and modified under the provisions of Ss. 435 & 439, Cr. P. C. but the same is amendable to the inherent jurisdiction of High. Court under S. 561-A, Cr. P. C. provided it amounts to abuse of process of Court. 2000 P. Cr. L. J. 520

Discharge of accused after submission of Challan in the Court  – Once -the Challan is submitted in the Court under S.173, Cr. P. C. ., the provisions of S.169, Cr. P. C. cannot be invoked.  2000 P. Cr. L J 25

Discharge order not to be treated as an order of acquittal  – Order of discharge passed by the Ilaqa Magistrate cannot be treated as an order of acquittal, nor the same would bar subsequent proceedings against the discharged accused by a Court of competent jurisdiction. 1999 M L D 1822

Accused discharged on the basis of police report cannot be summoned to face trial  – Accused having been discharged by the Magistrate on the basis of the discharge report of the Investigating Agency cannot under tile law be summoned as accused persons either by him or by the Trial Court, unless fresh evidence is brought on record against them. 1997 M L D 1745

PLD 1980 Lah.81; PLD 1985 Lah.71 and PLD 1986 Lah.81 ref.

Offence triable by sessions judge:– Report submitted by Investigating officer before judicial Magistrate was sent to the Sessions judge because offence allegedly committed by the accused was exclusively triable by Sessions judge and sessions judge agreed with the said report— held: Magistrate who after receiving report of Investigating officer submitted under S. 173, Cr.P.C., was seized of the matter, could competently assume jurisdiction and pass proper order as it was exclusive authority of the judicial Magistrate to pass order under S. 173(3), Cr.P.C-Section 173, Cr.P.C did not provide for sending report of Investigating officer to the Sessions judge and did not indicate any role of sessions judge on report under S. 561-A, Cr.P.C in circumstances-order of judicial Magistrate whereby report was sent to the sessions judge also being without lawful authority, could be quashed by High court in exercise of its powers under S. 561-A, Cr.P.C – Both orders were quashed, in circumstances. PLD 2003 Kar. 433

A Magistrate not helpless on receiving the repot from the Police u/Section 173 Cr. P. C. read with Section 169 thereof-Held that: Whether the course the 1.0. Adopted by acting u/Section 169 Cr. P. C. or u/Section 173 Cr. P. C. It was incumbent upon him to submit a final report u/Section 173 Cr. P. C. with regard to result of the investigation to a competent Magistrate – Further held: That in the said case police had submitted an application for cancellation of case u/S. 169 Cr. P. C. and the same was held to be not competent-Further held: That in the present case the High Court was within its constitutional jurisdiction to declare the order dated 15.12.1994 to be without lawful authority and of no legal effect Besides what the High Court had done was to remit the case to the magistrate or passing appropriate order in the circumstances of the case – No exception could be taken of the impugned judgment. PSC (Crl.) 1997 SC (Pak.) 413

Disposal of FIR by Investigating Officer-Investigating Officer has the authority to dispose of a first information report as cancelled after having found the same as false, founded on a mistake of fact or law, a dispute of a civil nature or untraceable, after taking all necessary steps to the best of his endeavour and ability, but the order of cancellation of FIR must be obtained from a Magistrate competent to take cognizance of the offence and to try the case or to send the matter for trial to a superior Court. 2000P.Cr.LJ.520.

Second Report: — Contention that after report u/Section 173, Cr. P. C. no fresh investigation could be undertaken by the police – The same repelled-Held that: The police would- be competent to carry out  multiple investigation even after submission of the Challan. KLR 1993 Cr. C. 80

There is nothing in the Code of Criminal Procedure to prevent the investigating officer from submitting a subsequent, report in supersession  of his earlier one either on his own initiative or on the direction of the superior police officer. PSC 1987 SC (Pak) 11

Second Report-One Challan submitted in Court but after another investigation second report submitted-Validity and effect of second report-Held: The Law does not bar more than one investigation of any case-Since subsequent investigations have been considered lawful, the reports submitted as a result thereof have also to be given weight. Powers of Court to act on the second report-Held: The Court does not become functions officio, after entertaining the first report under Section 173, Cr. P. C.and it can act on the report submitted after subsequent investigation, declaring the accused innocent. KLR 1987 Cr. G. 38

Although there is no provision in Criminal Procedure Code debarring police Investigation Officer from submitting a fresh report in supersession to the earlier one either on his own initiative or on the direction of superior police officers but the same implies that the report would be prepared and submitted after proper and independent application of mind. P L D 1992 Pesh. 80

            Recording of evidence in a case triable by Sessions Court-Contention that the Magistrate is required to send the case for trial to the Court of Sessions under sub-section (3) of Section 190 of the Code without recording of evidence; that ‘the Magistrate was bound to commence recording of evidence if the Challan is not filed under offences exclusively triable by the Court of Sessions and that once that Magistrate starts recording evidence in a case, he cannot then send the case for trial to the Court of Session because he is precluded from recording evidence under sub-section (3) of Section 190 of the Code-Contention    repelled-Held:  These contentions are not impressive which can be considered from two aspects;  Firstly, a Magistrate who takes cognizance of an offence under sub-section (1) of Section 190 of the Code is not bound by the opinion of Police or by the of Sections of Penal Code given in the Challan reports under Section 173 of the Code by police. The Magistrate has to form his own opinion even without recording evidence after going through the material placed before him-The Magistrate though not required to record evidence after taking cognizance can still hold inquiry for limited purposes sending the case under sub-section (3) of Section 190 of the Code for trial by the Court of Sessions Secondly, if in a particular case, a magistrate taking cognizance under sub-section (1) of Section 190 of the Code initially forms a view that he should himself try the case and starts recording evidence but at a later stage forms an opinion that the case should or ought to be tried by a Court of Sessions he will be able to proceed and act under Section 346 and 347 of the Code and send the case for trial to the Court of Session. I am, therefore of the view that any case under the Pakistan Penal Code, for reasons to be recorded, can be sent for trial by a magistrate under sub-section (3) of Section 190 of the Code without recording any evidence and also under sections 356 and 347 of the Code if he has commenced recording evidence in a particular case. KLR 1985 Cr. C. 652

Direction to submit Challan : — Police made application under Section 169 for cancellation of case-Sessions Judge directed the police to file Challan after preparation of report under Section 173-Contention’ that Sessions Judge has not jurisdiction to direct police to submit Challan and such order of Sessions Judge directing police to file Challan after preparation report under Section  169, was not sustainable, repelled-Held: No application for cancellation of case under section 169 was competent and Sessions Judge rightly directed police to file Challan after completing final report under Section 169-Held further: Use of word Challan by Sessions Judge was not anything more than to submit  final  report after completing investigation as required by law. PSC 1983 SC (Pak) 47

Report under Section 173, Cr. P. C.whether conclusive for magistrate-The case was initially registered under Section 302/307/149/148 P.P.C. The. police after investigation filed Challan under Section 304/307/149/148, P.P.C.-Held: The Magistrate was not bound to accept the opinion of the police nor was the same conclusive-He was required to form his own independent opinion for sending the case to the Court of Sessions. KLR 1985 Cr. C. 652

  1. 173(l)Proviso-The incorporation of the provision is the creation of a sort of check restraint, censorship upon the police working as the protracted investigation specially though transfer of investigation, is one of the reasons whereby the law and order _Situation is worsening in the province. It is also lowering the authority and prestige of the: concerned station House Officer (s) of the police station vis-a-vis the accused persons. KLR 1997 Cr. C.  608

Detention of accused in police custody if Challan not filed in terms of S.173, Cr. P. C.  Effect – Police Officer as per S.344, Cr. P. C. is duty bound to furnish justification of detention of accused in custody if Challan under S.173, Cr. P. C. has not been filed and trial has not commenced, otherwise in absence of report of a police officer or Challan, detention of the accused would be unjustified and against the provisions of law.Investigating Agency must strictly adhere to the provisions of S.173(1), Cr. P. C. Notwithstanding the fact that before or after completion of investigation period prescribed under S.167, Cr. P. C. if it is not possible to submit final report, the Investigating Agency should strictly adhere to the provision of S.173(1), Cr. P. C. and must submit interim Challan through Public Prosecutor for trial and the accused arrested in the case should not be kept in custody for indefinite period without any legal justification. PLD 2002 S.C. 590

PLD 1990 Lah.249; PLD 1987 SC 13; 1995 P. Cr. L. J. 440 and 1997 MLD 2094 ref.

Death in police custody – Inquiry, into cause of death by Magistrate Scope – Where deceased was in police custody, inquiry into cause of death of the deceased can be held by Magistrate under the provisions of S. 176, Cr. P. C. Such inquiry can be either instead of or in addition to the investigation held by police officer under S. 174, Cr. P. C. PLD 2002 Lah.78

PLD 1957 Lah.662 rel.

Placing of accused in Column No.2 of report under S.173  Summoning of such accused persons  – Jurisdiction of Trial Court  – Accused persons were found innocent by the Investigating Officer and were placed in Column No.2 of the report  – Trial Court on application made by the complainant, summoned the accused persons to face the trial  – Validity  – Report of Investigating Officer was not binding on the Court and notwithstanding recommendation of Investigating Officer regarding cancellation of case and discharge of accused persons from allegation, Trial Court was authorized to take cognizance as provided in S.190, Cr. P. C. Trial Court had rightly summoned the accused persons and there was no irregularity or illegality or impropriety in the order passed by the Court. 2001 P. Cr. L J 1624

1999 P. Cr. L. J 731; 1990 P. Cr. L. J 1190; 1993 PCr.Li 686 and 1991 P. Cr. L. J 443 ref.

 PLD 1967 SC 425; PLD 1993 Kar. 342 and 1998 SCMR 1128 rel.

Accused under 5.302/34, P.P.C. found innocent by Police investigations, placed in column No.2 and discharged by Illaqa Magistrate-Sessions Court’s order summoning them for trial, impugned – Plea raised that accused-petitioners could not be mechanically summoned by Sessions Court unless first evidence was recorded and in the light of such evidence trial Court deemed it proper to summon them – Held: Challan against petitioners had not been cancelled by placing them in column No.2, it only meant that according to police investigation they were found innocent, and therefore, they were discharged under S.63, Cr. P. C. which did not mean that they could not be summoned to stand trial – Petition being without substance, leave to appeal refused. 1988 S C M R 1428

P L D 1987 S C 103 and 1985 S C M R 1314 ref.

Release of accused when evidence deficient – Powers under S.169, Cr. P. C. can only be exercised by the Police during the course of investi­gation when accused is in their custody – ­Once the Challan is submitted under S. 173, Cr. P. C. the provisions of S. 169, Cr. P. C. are not attracted  – Investigating Officer is also not empowered to omit the name of accused from the Challan. 1999 Y L R 2053

 If before filing a report under s. 173, Cr. P. C. police found that evidence against  arrest of accused was deficient, he would place a report stating that evidence the insufficient or a reasonable ground of suspicion was lacking in the case for justifying forwarding of an accused – Police would report to a Magistrate empowered to take cognizance of offence asking for release of accused which would be done under S. 169, Cr. P.C read with R. 24.7 of police Rules, 1934 – Order of release had to be passed only by Magistrate empowered to take cognizance of offence on police report – Where offence against accused fell under S. 364, PPC Executive Magistrate had no jurisdiction – Executive Magistrate having violated law by taking jurisdiction in matter, order passed by such Magistrate was set aside being without jurisdiction. 2000 P.Cr.L.J 1411

Sufficient material for and against the parties existed on record  – Police could not be allowed to adjudicate upon the same by cancelling the case against accused   – Challan in the fitness of things and in order to arrive at a just and fair conclusion was directed to be put up in the Court for deciding the matter one way or the other. P L D 1992 Pesh. 80

  1. Police to inquire to report in suicide, etc.:(1) The officer incharge of a police station or some other police officer specially empowered by the Provincial Government in that behalf, on receiving information that a person-

(a) has committed suicide, or

(b) has been killed by another, or by an animal, or by machinery, or by an accident, or

(c) has died under circumstances raising a reasonable suspicion that some other person has committed an offence, shall immediately give intimation thereof to the nearest Magistrate empowered to hold (inquests and unless otherwise directed by any rule prescribed by the Provincial Government, shall proceed to the place where the body, of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises and other marks of injury as may be found oil the body and stating in what manner, or by what weapons- or instrument (if any), such marks appear to have been inflicted.

(2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to the [concerned] Magistrate.

(3) When there is any doubt regarding the cause of death or when for any other reason the police-officer considers it expedient so to do, the shall, subject to such rules as the Provincial Government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the Provincial Government, if the state of the weather and the distance admits of its being so forwarded without risk of such putrefaction on the road as would render such examination useless.

(4) [Omitted by A.O., 1949, Sch.]

(5) [The Magistrates of the First Class are empowered to hold inquests.]

  1. Power to summon persons:(1) A police-officer proceeding under Section 174 may, by order in writing summon two or more persons a& aforesaid for the purpose of the said investigation and any other person, who appears to be acquainted with the facts of the case. Every person so summoned shall be abound to attend and to answer truly, all questions other than Questions the answers to which would have a tendency to expose him to a criminal charge, or to a penalty or forfeiture.

(2) If the facts do not disclose a cognizable offence to which Section 170 applies, such persons shall not be required by the police officer to attend a Magistrate’s Court.

  1. Inquiry by Magistrate into cause of death:(1) When any person dies while in the custody of the police, the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in Section 174, clauses (a), (b) and (c) of sub-section (1), any Magistrate so empowered may hold an inquiry into the cause of death either .instead of, or in addition to, the investigation held by the police-officer, and if he does so, he shall have all the powers in conducting it which he would have in holding:, an inquiry into an offence.

The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any of the manners hereinafter prescribed according to the circumstances of the case.

(2) Power to disinter corpses: ‘Whenever such Magistrate considers it expedient to make an examination of the dead body of any person who has been already interred, in order to discover the cause of his death, the Magistrate may cause the body to be disinterred and examined.

PART VI

PROCEEDINGS IN PROSECUTIONS

CHAPTER XV

OF THE JURISDICTION OF THE CRIMINAL COURTS OF INQUIRIES AND

TRIALS

A-Place of Inquiry or Trial

  1. Ordinary place of inquiry and trial:Every offence shall ordinarily be inquired into and tried by a Court within the local limits of whose jurisdiction it was committed.
  2. Power to order cases to be tried in different sessions divisions:Notwithstanding anything contained in Section 177, the Provincial Government may direct that any cases or class of cases[in any district sent for trial to a Court of Session may be tried in any sessions division]:—

[Provided that such direction is not repugnant to any direction previously issued by the High Court under Section 526 of the Code or any other law for the time being in force].

  1. Accused triable in district where act is done or where consequence ensues:When a person is accused of the commission of offence by reason of anything, which has been done, and of any consequence which has ensued, such offence may be inquired into or tried by a Court within the local limits of whose jurisdiction any such thing has been done, or any such consequence has ensued.

Illustrations

(a) A is wounded within the local limits of the jurisdiction of Court X, and dies within the local limits of the jurisdiction of Court Z. The offence of the culpable homicide of A may be inquired into or tried by X or Z.

(b) A is wounded within the local limits of the jurisdiction of Court X, and is, during ten days within the local limits of the jurisdiction of Court Y. and during ten days more within the local limits of the jurisdiction of Court Z, unable in the local limits of the jurisdiction of either Court Y, or Court Z. to follow his ordinary pursuits. The offence of causing grievous hurt to A may be inquired into or tried by X, Y or Z.

(c) A is put in fear of injury within the local limits of the jurisdiction of Court X, and is thereby induced, within the local limits of the jurisdiction Court, Y, to deliver property to the person who put him in fear. The offence of extortion committed on A may be inquired into or tried either by X or Y.

(d) A is wounded in the State of Junagadh and dies of his wounds in Karachi. The offence of causing A’s death may be Inquired into and tried in Karachi.

Words subs. by Law Reforms Ordinance, XII of 1972.

Proviso subs. by Law Reforms Ordinance, XII of 1972.

  1. Place of trial where act is offence by reason of relation to other offence:When an act is an offence by reason of its relation to any other act, which is also an offence or which would be an offence if the doer were capable of committing an offence, a charge of the first-mentioned offence may be inquired into or tried by a Court within the local limits of whose jurisdiction either act was done.

Illustrations

(a) A charge of abetment may be inquired into or tried either by the Court within the local limits of whose jurisdiction the abetment was committed, or by the Court within the focal limits of whose jurisdiction the offence abetted was committed.

(b) A charge of receiving or retaining stolen goods may be inquired into or tried either by the Court within the local limits of whose jurisdiction the goods were stolen, or by any Court within, the local limits of whose jurisdiction any of them were at any time dishonestly received or retained.

(c) A charge of wrongfully concealing a person known to have been kidnapped, may be inquired into or tried by the Court within the local limits of whose jurisdiction the wrongful concealing, or by the Court within the local limits of whose Jurisdiction the kidnapping, took place.

  1. Being a thug or belonging to a gang of dacoits escape from custody, etc.:(1) The offence of being a thug, of being a thug and committing murder, of dacoity, of dacoity with murder, of having belonged to a gang of dacoits, or of having escaped from custody, may be inquired into or tried by a Court within the local limits of whose jurisdiction the person charged is.

(2) Criminal misappropriation and criminal breach of trust: The offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within the local limits of whose jurisdiction any part of the property which is the subject of the offence was received or retained by the accused person, or the offence was committed.

(3) Theft: The offence of theft, or any offence which includes theft or the possession of stolen property, may be inquired into or tried by a Court within the local limits of whose jurisdiction such offence was committed or the property stolen was possessed by the thief or by any person who received or retained the same knowing or having reason to believe it to be stolen.

(4) Kidnapping and abduction: The offence of kidnapping or abduction may be inquired into or tried by a Court within the local limits of whose jurisdiction the, person kidnapped or abducted was kidnapped or abducted or was conveyed or concealed or detained.

  1. Place of inquiry or trial where scene of offence is uncertain or not in one district only or where offence is continuing or consists of several acts:When it is uncertain in which of several local areas ah offence was committed, or where an offence is committed partly in one local area and partly in another, or where an offence is a continuing one, and continues to be committed in more local areas than one, or where it consists of several acts done in different local areas, it may be inquired into or tried .by a Court having jurisdiction over any of such local areas.
  2. Offence committed on a journey:An offence committed whilst the offender is in the course of performing a journey or voyage may be inquired into or tried by a Court through or Into the focal limits of whose Jurisdiction- the offender, or the person against whom, or the thing in respect of which, the offence was committed, passed in the course of that journey or voyage.
  3. Offence against Railway Telegraph, Post Office &. Arms Act:[Rep by the Federal Law (Rrevision and Declaration) Act, XXVI of 1951, S. 3 and Second Sch.]
  4. High Court to decide, in case of doubt, district where inquiry or trial shall take place:(1) Whenever a question arisen as to which of two or more Courts subordinate to the Same High Court ought to inquire into or try any offence, it shall be decided by that High Court.

(2) Where two or more Courts not subordinate to the same High Court have taken cognizance of the same offence the High Court within the local limits of whose appellate criminal jurisdiction the-proceedings were first commenced may direct the trial of such offender to be held in any Court subordinate to it, and if so decides, all other proceedings; against such person in, respect of such offence shall be discontinued. If Such High Court, upon the matter, having been brought to its notice, does not so decide, any other High Court/within the local limits of whose appellate criminal jurisdiction such proceedings are pending may give a like direction, and upon its so doing all other such proceedings shall be discontinued.

  1. Power to issue summons or warrant for offence committed beyond local jurisdiction:(1) When a Magistrate of the First Class Sees reason to believe that any person within the local limits of his jurisdiction has committed without such limits (whether, within or without Pakistan an offence which cannot under the provisions of Sections 177 to 184 (both inclusive), or any other law for the time being in force, be inquired into or tried within such local limits, but is under some law for the time being in force triable in Pakistan, such Magistrate may inquire into the offence as if it had been committed within such local limits and compel such person in manner hereinbefore provided to appear before him, and send such person to the Magistrate having jurisdiction to inquire into or try such offence, of, if such offence is bailable, take a bond with or without sureties for his appearance before such Magistrate.

(2) Magistrate’s procedure on arrest: When there are more Magistrate then one, having such jurisdiction and the Magistrate acting under this section cannot satisfy himself as to the Magistrate to or before whom such person should be sent or bound to appear, the case shall be reported for the orders of the High Court.

  1. Procedure where warrant issued by subordinate Magistrate:(1) If the person has been arrested under a warrant issued under Section186 [the Magistrate issuing warrant shall send the arrested person to the Sessions Judge] to whom he is subordinate, unless the Magistrate having jurisdiction to inquire into or try such offence issues his warrant for the arrest of such person, in which case the person arrested shall be delivered to the police officer executing such warrant or shall be sent to the Magistrate by whom such warrant was issued.

(2) If the offence, for which the person arrested is alleged or suspected have committed, is one, which may be inquired into or tried by any Criminal-Court in the same district other than that of the Magistrate acting under Section 186, such Magistrate shall send person to such Court.

Words subs. by Law Reforms Ordinance, XII of 1972.

  1. Liability for offences committed:When a citizen ofPakistan commits an offence at any place without and beyond the limits of Pakistan, or

Outside Pakistan: When a servant of the State (whether a citizen of Pakistan or not) commits an offence in [a tribal area], or when any person commits an offence on any ship or aircraft registered in Pakistan where it may be, he may be dealt with in respect of such offence as if it had been committed at any place within Pakistan at which he may be found:

Political Agents to certify fitness of inquiry into charge: Provided that notwithstanding anything in any of the preceding sections of this Chapter no charge as to any such offence shall be inquired into in Pakistan unless the Political Agent, if there is one, for the territory in which the offence is alleged to have been committed, certifies that in his opinion, the charge ought to-be inquired into in Pakistan; and, where there is no Political Agent, the sanction of the Federal Government shall be required:—

Provided, also, that any proceedings taken against any person under this section which would be a bar to subsequent proceedings against such person for the same offence if such offence had been committed in Pakistan shall be a bar to further proceedings against him under the Extradition Act, 1972 (XXI of 1972) in respect of the same offence in any territory beyond the limits of Pakistan.

Words substituted by Federal Laws (Revision and Declaration) Ordinance, XXVII of 1981.

  1. Power to direct copies of depositions and exhibits to be received in evidence:Whenever any such offence as is referred to in Section 188 is being inquired into or tried, the Provincial Government may, if it thinks fit, direct that copies of depositions made or exhibits produced before the Political Agent or a Judicial Officer in or for the territory in which such offence is alleged to have been committed shall be received as evidence by the Court holding such inquiry or trial in any case in which such Court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate.

B-Conditions requisite for initiation of proceedings

  1. Cognizance of offences by Magistrates:[(1) All Magistrates of the First Class, or any other Magistrate specially empowered by the Provincial Government on the recommendation of the High Court, may take cognizance of any offence,—

(a) upon receiving a complaint of facts which constitute such offence;

(b) upon a report in writing of such facts made by any police officer;

(c) upon information received from any person other than a police officer, or upon his own knowledge or suspicion, that such offence has been committed which he may try or send to the Court of Session for trial and]

7[(2) A Magistrate taking cognizance under sub-section (1)of an offence triable exclusively by a Court of Session shall, without recording any evidence, send the case to the Court of Session for trial].

Sub-Section (1) Subs. by the Ordinance, XXXVII of 2Q01, dt. 13-8-2001.

Sub-section (3) renumbered (Sub-Section (2)) as sub-section (2) by the Ordinance, XXXVII of 2001, dt. 13-8-2001 –

[191. Transfer on application of accused: When a Magistrate takes cognizance of an offence under sub-section (1), clause (c) of the preceding section, the accused shall, before any evidence is taken be informed that he is entitled to have the case tried by another Court, and, if the accused, or any of the accused if there be more than one, objects to being tried by such Magistrate, the case shall instead of being tried by such Magistrate, be sent to the Sessions Judge.

Section 191 subs. by Item No. 71 of Punjab Notification No. SO(J-II) 1- 8/75 (P-V), dated 21-3-1996 for Punjab and by

same Item No. of Islamabad Notification No. S.R.O. 255 (1), dated 8-4-1996 for Islamabad only.

  1. Transfer of cases by Magistrate [Omitted by the Ordinance. XXXVII of 2001, dt. 13.8.2001.]
  2. Cognizance of offences by Courts of Session:(1) Except as otherwise expressly provided by this Code or by any other law for the time being in force no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the 11 [case has been sent to it under Section 190, sub-section[(2)].

(2) Additional Sessions Judges and Assistant Sessions Judges shall try such cases only as the Provincial Government by general or special order may direct them to try or as the Sessions Judge of the division by general or special order may make over-to them for trial.

Words subs. by Law Reforms Ordinance, XII of 1992.

Subs. by the Ordinance. XXXVII of 2001, dt. 13-8-2001-

  1. Cognizance of offences by High Court:(1) The High Court may take cognizance of any offence is in manner hereinafter provided.

Nothing herein contained shaft be deemed to affect the provisions of any Letters Patent or Order by which a High Court is constituted or continued, or any other provision of this Code.

(2) [Omitted by Federal Laws (Revision and Declaration) Ordinance XXVII of 1981].

  1. (1) No Courtshall take cognizance: —

(a) Prosecution for contempt of lawful authority of public servants: Of any offence punishable under Sections 172 to 188 of the Pakistan Penal Code, except on the complaint in writing of the public servant concerned, or of some other public servant to whom he is subordinate;

(b) Prosecution for certain offences against public justice: Of any offence punishable under arty of the following sections of the same Code, namely Sections 193, 194, 195, 196. 199. 200, 205, 206, 207, 208, 209, 210, 211 and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, except, on the complaint in writing of such Court or of some other Court to which such Court is subordinate; or

(c) Prosecution for certain offences relating to documents given in evidence: Of any offence described in Section 463 or punishable under Section 471, Section 475 or Section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document produced or given in evidence in such proceeding, except on the complaint in writing of such Court, or of some other Court to which such Court is subordinate.

(2) In Clauses (b) and (c) of sub-section (1), the term “Court” includes a Civil, Revenue or Criminal Court, but does not include a Registrar or sub-Registrar under the Registration Act, 1908.

(3) For the purposes of this section, a Court shall be deemed to be subordinate to the Court to which appeals ordinarily lie from the appeal able decrees or sentences of such former Court, or in the case of a Civil Court from whose decrees no appeal, ordinarily lies, to the principal Court having ordinary, original civil jurisdiction within the local limits of whose jurisdiction such Civil Court, is situate:—

Provided that,—

(a) where appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall be the Court to which such Court shall be deemed to be subordinate; and (b) where appeals tie to a Civil and also to a Revenue Court, such Court shall be deemed to be subordinate to the Civil or Revenue Court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed.

(4) The provisions of sub-section (1), with reference to the offences named therein, apply also to criminal conspiracies to commit such offences and to the abetment of such offences, and attempts to commit them.

(5) Where a complaint has been made under sub-section (1) clause (a), by a public servant, any authority to which such public servant is subordinate may order the withdrawal of the complaint and, if it does so, it shall forward a copy of such order to the Court, and upon receipt thereof by the Court, no further proceedings shall be taken on the complaint

  1. Prosecution for offences against the State:No Court shall take cognisance of any offence punishable under Chapter VI or IX-A of the Pakistan Penal Code (except Section 127), or punishable under Section 108-A, or Section 153-A or Section 294-A, or Section 295-A or Section 505 of the same Code, unless upon complaint made by order of or under authority from, the Federal Government or the Provincial Government concerned, or some officer empowered in this behalf by either of the two Governments.

196-A. Prosecution for certain classes of criminal conspiracy: No Court shall take cognizance of the offence of criminal conspiracy punishable under Section 120-B of the Pakistan Penal Code,

(1) in a case where the object of the conspiracy is to commit either an illegal act other than an offence, or a legal act by illegal means, or an offence to which the provisions of Section 196 apply, unless upon complaint made by order or under authority from the Federal Government or the Provincial Government concerned or some officer empowered in this behalf by either of the two Governments, or

(2) in a case where the object of the conspiracy is to commit any non-cognizable offence,

or a cognizable offence not punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the Provincial Government or [Officer in-charge of the prosecution in the district] empowered in this behalf by the Provincial Government, has, by order in writing, consented to the initiation of the proceedings:—

Provided that where the criminal conspiracy is one to which the provisions of sub-section (4) of Section 195 apply no such consent shall be necessary.

Subs. by the by the Ordinance, XXXVII of 2001, dt, 13-8-2001

196-B. Preliminary inquiry in certain cases: In the case of any offence in respect of which the provisions of Section 196 or Section 196-A apply, [officer in-charge of the investigation in the district] may, notwithstanding anything contained in those sections or in any other part of this Code, order a preliminary investigation by a police-officer not being below the rank of inspector, in which case such police-officer shall have the powers referred to in Section 155, sub-section (3).

Subs. by the by the Ordinance, XXXVII of 2001, dt. 13-8-2001

  1. Prosecution of Judges and public servants:(1) When any person who is a Judge within the meaning of Section 19 of the Pakistan Penal Code, or when any Magistrate, or when any public servant who is not removable from his office save by or with the sanction of the Federal Government or a Provincial Government, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction– .

(a) in the case of a person employed in connection with the affairs of the Federation of the President; and

(b) in the case of a person employed in connection with the affairs of a Province, of the Governor of that Province.

(2) Power of President or Governor as to prosecution: The President or Governor, as the case may be, may determine the person by whom, the manner in which, the offence or offences for which, the prosecution of such Judge, Magistrate or public servant is to be conducted, and may specify the Court before which the trial is to be held.

  1. Prosecution for breach of contract, defamation and offences against marriage:No Court shall take cognizance of an offence falling under Chapter XIX or Chapter XXI of the Pakistan Penal Code or under Sections 493 to 496 (both inclusive) of the same Code, except upon a complaint made by some person aggrieved by such offence:—

Provided that, where the person so aggrieved is a woman who, according to the customs and mariners of the country, ought not to be compelled to appear in public, or were such person is under the age of eighteen years or is an idiot or lunatic, or is from sickness or infirmity unable to make a complaint, some other person may, with the leave of the Court, make a complaint on his or her behalf:—

Provided further that where the husband aggrieved by an offence under Section 494 of the said Code is serving in any of the armed forces of Pakistan under conditions, which are certified by the commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other person authorised by the husband in accordance with the provisions of sub-section (I)1 of Section 199-B may, with the leave of the Court, make a complaint on his behalf.

[198-A. Prosecution for defamation against public servants in respect of their conduct in the discharge of public functions: (1) Notwithstanding anything contained in this Code, when any offence falling under Chapter XXI of the Pakistan Penal Code (Act XLV of 1860) is alleged to have beam committed against the President, the Prime Minister, a Federal Minister, Minister of State, Governor, Chief Minister or Provincial Minister or any public servant employed in connection with the affairs of the Federation or of a Province, in respect of his conduct in the discharge of his public functions, a Court of Session may take cognizance of such offence, without the accused being committed to it for trial, upon a complaint in writing -made by the Public Prosecutor.

(2) Every such complaint shall set forth the facts which constitute the offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice to accused of the offence alleged to have been committed by him.

(3) No complaint under sub-section (1) shall be made by the Public Prosecutor except with the previous sanction (a) in the case of the President or the Prime Minister or a Governor, or any Secretary to the Government authorised by him in this behalf; (b) in the case of a Federal Minister or Minister of State, Chief Minister, or Provincial Minister, of any secretary to the Government authorised in this behalf by the Government concerned; (c) in the case of any public servant employed in connection with the affairs of the Federation or of a Province, of the Government concerned.

(4) No Court of Session shall take cognizance of an offence under sub-section (1), unless the -complaint is made within six months from the date on which the offence is alleged to have been committed. .

(5) When the Court of Session takes cognizance of an offence under sub-section (1), then notwithstanding anything contained in this Code, the Court of Session shall try the case without the aid of jury or assessors and in trying the case shall follow the procedure prescribed for the trial by Magistrates of warrant cases instituted otherwise than on a police report.

(6) The provisions of this section shall be in addition to, and not in derogation of those of Section 198.]

Section 198-A inst. by Criminal Procedure (Amendment) Act, XXV of 1974, S-7.

[199. Prosecution for adultery or enticing a married woman: No Court shall take cognizance of an offence under Section 497 or Section 498 of the Pakistan Penal Code, except–

(a) upon a report in writing made by a police-officer on the complaint of the husband of the woman, or in his absence, by some person who had care of such woman on his behalf at that time when such offence was committed; or

(b) upon a complaint made by the husband of the woman or, in his absence, made with the leave of the Court by some person who had care of such woman on his behalf at the time when such offence was committed:—

Provided that, where such husband is under the age of eighteen years, or is an idiot or lunatic, or is from sickness or infirmity unable to make a complaint, some other person may, with the-leave of the Court, make a complaint on his behalf:—

Provided further that where such husband is serving in any of the armed forces of Pakistan, under conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person and where for any reason no complaint has been made by a person having care of the woman as aforesaid, some other person authorised by the husband in accordance with the provisions of sub-section (1) of Section 199-B may, with the leave of the Court, make a complaint on his behalf.]

  1. 199 subs. by Law Reforms Ordinance, XII of 1972.

[199-A. Objection by lawful guardian to complaint by person other than person aggrieved: When in any case falling under Section 198 or Section 199 the person on whose behalf the complaint is ought to be made is under the age of eighteen years or is a lunatic, and the person applying for leave has not been appointed or declared, by competent authority to be the guardian of the person of the said minor or lunatic, and the Court is satisfied that there is a guardian, so appointed or declared, notice shall be given to such guardian, and the Court shall, before granting the application give him a reasonable opportunity of objecting to the granting thereof.]

  1. 199-A Inst. by the Code of Criminal Procedure (Second Amendment) Act, XVIII of 1923.

[199-B. Form of authorisation under second proviso to Section 198 or 199: (1) The authorisation of a husband given to another person to make a complaint on his behalf under the second proviso to Section 198 or the second proviso to Section 199 shall be in writing, shall be signed or, otherwise attested by the husband, shall contain a statement to the effect that he has been informed of the allegations upon which the complaint is to be founded, shall be” countersigned by the Officer referred to in the said provisos, and shall be accompanied by a certificate signed by that officer to the effect that leave of absence for the purpose of making a complaint in person cannot for the time being be granted to the husband.]

(2) Any document purporting to be such an authorisation and complying with the provisions of sub-section (1), and any document purporting to be a certificate required by that sub- section shall, unless the contrary is proved, be presumed to be genuine and shall be received in evidence.

Section 199-B inst. By the Code of Criminal Procedure (Second Amendment) Act, XVIII of 1943.

CHAPTERXVI

OF COMPLAINTS TO MAGISTRATES

  1. Examination of complainant:A Magistrate taking, cognizance of an offence on complaint shall at once examine the complainant upon oath, and the substance of the examination shall be reduced to writing and shall be signed by the complainant, and also by the Magistrate:—

Provided as follows:—

(a) when the complaint is made in writing, nothing herein contained shall be deemed to require a Magistrate to examine the complainant before transferring the case under Section 192 [or sending it to the Court of Session];

(aa) when the complaint Is made in writing nothing herein contained shall be deemed to require the examination of a complainant in any case in which the complaint has been made by a Court or by a public servant acting or purporting to act in the discharge of his official duties;

(b) [Omitted A.O., 1949,Sch.];

(c) when the case has been transferred under Section 192 and the Magistrate so transferring it has already examined the complainant, the Magistrate to whom it is so transferred shall not be bound to re-examine the complainant.

Words added by Law Reforms Ordinance. XII of 1972

  1. Procedure by Magistrate not competent to take cognizance of the case:(1) If the complaint has been made in/writing to a Magistrate-who is not competent to take cognizance of the case, he shall return the complaint for presentation to the proper Court with an endorsement to that effect.

(2) If the complaint has not been made in writing, such Magistrate shall direct the complainant to the proper Court.

[202. Postponement of issue of process: (1) Any Court, on receipt of a complaint of an offence of which it is authorised to take cognizance; or which has been sent to it under Section 190, sub-section (3), or referred to it under Section 191 or-Section 192, may, if it thinks fit, for reasons to be recorded, postpone tbe4ssueor process for compelling the attendance of the person complained against, and either inquire into the case itself or direct any inquiry or investigation to be made by [any Justice of the Peace or by] a police officer or by such other person as it thinks fit, for the purpose of ascertaining the truth or falsehood of file complaint:—

Provided that save, where the complaint has been made by a Court, no such direction shall be made unless the complainant has been examined on oath under the provisions of Section 200.

(2) A -Court of Session may, instead of directing an investigation under the provisions of sub-section (1), direct the investigation to be made by any Magistrate subordinate to it for the purpose of ascertaining the truth or falsehood of the complaint.

(3) If any inquiry or investigation under this section is made by a person not being a Magistrate [or Justice of the Peace] or a police officer, such person shall exercise all the powers conferred by this Code on an officer-in-charge of a police station, except that he shall not have power to arrest without warrant.

(4) Any Court inquiring into a case under this section may, if it thinks fit, take evidence of witnesses on oath].

Section 202 Substituted by item No. 79 (ii) of Punjab Notification No. SO(J-II) 1-8/75 (P-V), dated 21.3.1996 for Punjab

and by same Item No. of Islamabad Notification No. S.R.O. 255 (I)/96, dated 8-4-1996 for Islamabad only.

  1. Dismissal of complaints:[The Court],before whom a complaint is made or to whom it has been transferred, 2s[or sent] may dismiss the complaint, if, after considering the Statement on oath (if any) of the complainant and the result of the investigation or inquiry (if any) under Section 202 there is in his judgment no sufficient ground for proceeding. In such cases he shall briefly record his reasons for so doing.

Words subs. by Law Reforms Ordinance, XII of 1972.

CHAPTER XVII

OF THE COMMENCEMENT OF PROCEEDINGS BEFORE [COURT]

  1. Issue of process:(1) If in the opinion of a[Court] taking cognizance of an offence there is sufficient ground of proceeding, and the case appears to be one in which, according to the fourth column of the Second Schedule, a summons should issue in the first instance, [it] shall issue his summons for the attendance of the accused. If the case appears to be one in which, according to that column, a warrant should issue in the first instance, [it] may issue a warrant, or, if [Court] or if [it] thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such [Court] if as if it has no jurisdiction itself some other Court having jurisdiction.

(2) Nothing in this section shall be deemed to affect the provisions of Section 90.

(3) When by any law for the time being in force any process-fees or other fees are payable, no process shall be issued until the fees are paid, and if such fees are not paid within a reasonable time, the Court may dismiss the complaint.

Words added by Item No. 79-A of Punjab Notification No. SO(J-ll) 1-8/75 (P-V), dated 21-3-1996 for Punjab and by

same Item No- of Islamabad Notification No. SRO No. 255 (l)/96, dated 8-4-1996 for Islamabad only.

Words inserted/subs. by Law Reforms Ordinance, XIl of 1972.

  1. Magistrate may dispense with personal attendance of the accused:(1) Whenever a magistrate issues a summons, he may, if he sees reasons so to do, dispense with the personal attendance of the accused, and permit him to appear by his pleader.

(2) But the Magistrate inquiring into or trying the case may, in his discretion at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in manner hereinbefore provided.

CHAPTER XVHI

OF INQUIRY INTO CASES TRIABLE BY THE COURT OF SESSION OR

HIGH COURT

206 to 220. [Omitted by Law Reforms Ordinance, XII of 1972].

CHAPTER XIX

OF THE CHARGE

Form of Charges

  1. Charge to state offence:(1) Every charge under this Code shall state the offence with which the accused is charged.

(2) Specific name of offence sufficient description: if the law, which creates the offence, gives it any specific name, the offence may be-described in the charge by that name only.

(3) How stated where offence has no specific name: If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged.

(4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.

(5) What implied in charge: The fact that the charge is made is equivalent to a statement, that every legal condition required by law, to constitute the offence charged was fulfilled in the particular case.

(6) Language of charge: The charge shall be written either in English or in the language of the Court.

(7) Previous conviction when to be set put: If the accused having been previously convicted of any offence, Is liable, by reason of such previous conviction, to enhanced punishment or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in the charge, if such statement has been omitted, the Court may add it any time before sentence is passed.

Illustrations

(a) A is charged with the murder of B. This is equivalent to a statement .that As act fell within the definition of murder given in Sections 299 and 300 of the Pakistan Penal Code that it did not fall within any of the general exceptions of the same Code and that It did not fall within any of the five exceptions to Section 300; or that if it did fall within Exception 1, one or other of the three provisos to that exception apply to it.

(b) A is charged, under Section 3?-6 of the Pakistan Penal Code with voluntarily causing grievous hurt to B by means of an instrument for shooting. This is equivalent to a statement that the case was not provided for by Section 335 of the Pakistan Penal Code, and that the general exceptions did not apply to it.

(c) A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation or using a false property-mark. The charge may state that A committed murder or cheating or theft or extortion, or adultery, or criminal; intimidation or that he use a false property-mark, without referenced the definitions to those crimes contained in the Pakistan Penal Code but the sections, under which, the offence is punishable must, in each instance, be referred to in the charge.

(d) A is charged under Section 184 of the Pakistan Penal Code with intentionally obstructing a sale of property offered, for sale by the lawful authority of a public servant.

The charge should be in those words.

  1. Particulars as to time, place and person:(1) The charge, shall contain such particulars as to the time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect of which, it was committed, as are reasonably .sufficient to give the accused notice of the matter with which he is charged.

(2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money, it shall be sufficient to specify the gross sum in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of Section 234:—

Provided that the time included between the first and last of such dates shall not exceed one year.

  1. When manner of committing offence must be stated:When the nature of the case is such that the particulars mentioned in Sections 221 and 222 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such, particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose.

Illustrations

(a) A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner in which the theft was affected.

(b) A is accused of cheating B at a given time and place, the charge must set out the manner in which A cheated B.

(c) A is accused of giving false evidence at a given time and place. The charge must set out, that portion of the evidence given by A which is alleged to be false.

(d) A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place. The charge must set out the manner in which A obstructed B in the discharge of his functions.

(e) A is accused of the murder of B at a given time and place. The charge need not state the manner in which A murdered B,

(f) A is accused of disobeying a direction of the law with intent to save from punishment. The charge must set out the disobedience charged and the law infringed.

  1. Words in charge taken in sense of law under which offence is punishable:In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable.
  2. Effect of errors:No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice.

Illustrations

(a) A is charged under Section 242 of the Pakistan Penal Code, with “having been in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit,” the word “fraudulently” being omitted in the charge. Unless it appears that A was in fact misled by this omission, the error shall not be regarded as material,

(b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge, or is set out incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The Court may infer from this that the omission to set out the manner of the cheating is not material.

(c) A is charged with cheating B, and the manner in which he cheated S is not set out in the charge. There were many transactions between A and B and A had no means of knowing to which of them the charge referred and offered no defence. The Court may infer from such facts that the omission to set out the manner of the cheating was, in the case a material error.

(d) A is charged with the murder of Khuda Bakhsh on the 21st January, 1882. In fact, the murdered person’s name was Haider Bakhsh, and the date of the murder was the 20th January, 1882. A was never charged with any murder but one, and had heard the trial before the Magistrate, which referred exclusively to the case of Haider Bakhsh, The Court may infer from these facts that A was not misled, and that the error in the charge was immaterial.

(e) A was charged with murdering Haider Bakhsh on the 20th January, 1882, and Khuda Bakhsh (who tried to arrest him for that murder) on the 21st January, 1882. When charged for the murder of Haider Bakhsh. he was tried for the murder of Khuda Baksh- The witnesses present in his defence were witnesses in the case of Haider Bakhsh- The Court may infer from this that A was misled, and that the error was material.

  1. Procedure on commitment without charge or with imperfect or erroneous charge:

[Omitted by Law Reforms Ordinance, XIl of 1972].

  1. Court may alter charge:(1) Any Court may alter or add to any charge at any time before judgment is pronounced.

(2) Every such alteration or addition shall be read and explained, to the accused.

  1. When trial may proceed immediately after alteration:If the charge framed or alteration or addition made under Section 227 is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecution in the conduct of the case, the Court may, in its discretion, after such charge or alteration or addition has been framed or made, proceed with the trial as if the new or altered charge had been the original charge.
  2. When new trial may be directed or trial suspended:If the new or altered or added charge is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.
  3. Stay of proceedings If prosecution of offence in altered charge require previous sanction:If the offence stated in the new or altered or added charge is one for the prosecution of which previous Sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the new or altered charge is founded.
  4. Recall of witnesses which charge altered:Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed to recall or resummon, and examine with reference to such alteration or addition, any witness who may have been examined, and also to call any further witness whom the Court may think to be material.
  5. Effect of material error:(1) If any Appellate Court, or the High Court[or the Court of Session] in the exercise of its powers of revision or of its powers under Chapter XXVII is of opinion that any person convicted of an offence was misled in his defence by the absence of a charge or by an error in the charge, it shall direct a new trial to be had upon a charge framed in whatever manner it thinks fit.

(2) If the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the, conviction.

Illustration

A is convicted of an offence, under Section 196 of the Pakistan Penal Code, upon a charge which omits to state that he knew the evidence, which he corruptly used or attempted to use ;as true or genuine, Was false or fabricated, if the Court thinks it probable that A had such knowledge, and that he was misled in his defence by the omission from the charge of the statement that he had it, it shall direct a new trial upon an amended charge but if it appears probable from the proceedings that A had no such knowledge, it shall quash the conviction.

Word inserted by Law Reforms Ordinance, XII of 1972.

Joinder of charges

  1. Separate charged for distinct offences:For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately except in the cases mentioned in Sections 234, 235, 236 and 239.

Illustrations

A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt.

  1. Three offences of same kind within year may be charged together:(1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three.

(2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Pakistan Penal Code or of any special or local law:—

Provided that, for the purpose of this section, an offence punishable under Section 379 of the Pakistan Penal Code shall be deemed to be an offence of the same kind as an offence punishable under Section 380 of the said Code, and that an offence punishable under any section of the Pakistan Penal Code, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence.

  1. Trial for more than one offence:(1) If, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence-

(2) Offence falling within two definitions: If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with, and tried at one trial for; each of such offences.

(3) Acts constituting one offence, but constituting when combined a different offence: If several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person accused of them may be charged with, and tried at one trial for the offence constituted by such acts when combined, and for any offence constituted by any one, or more, of such acts.

(4) Nothing contained in this section shall affect the Pakistan Penal Code, Section 71.

Illustrations

to sub-section (1)—

(a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to C, a constable in whose custody B was. A may be charged with, and convicted of, offences under Sections 225 and 333 of the Pakistan Penal Code.

(b) A commits house-breaking by day with intent to commit adultery, and commits in the house so entered adultery with B’s wife. A may be separately charged with, and convicted of offences under Sections 454 and 497 of the Pakistan Penal Code.

(c) A entices B, the wife of C, away from C, with intent to commit adultery with B, and then commits adultery with her. A may be separately charged with, and convicted of, offences under Sections 498 and 497 of the Pakistan Penal Code.

(d) A has in his possession several seals, knowing them to be counterfeit and intending to use them for the purpose of committing several forgeries punishable under Section 466 of the Pakistan Penal Code. A may be separately charged with, and convicted of the possession of each seal under Section 473 of the Pakistan Penal Code.

(e) With intent to cause Injury to B, A institutes a criminal proceeding against him, knowing that there is no just or lawful ground for such proceeding; and also falsely accuses B of having committed an offence, knowing that there is no Just or lawful ground for such charges. A may be separately charged with, and convicted of, two offences under Section 211 of the Pakistan Penal Code.

(f) A, with intent to cause injury to B, falsely accuses him of having committed an offence, knowing that there is no just or lawful ground for such charge. On the trial, A gives false evidence against B. intending thereby to cause B to be convicted of a capital offence. A may be separately charged with, and convicted of, offences under Sections 211 and 194 of the Pakistan Penal Code.

(g) A, with six others, commits the offences of rioting, grievous hurt and assaulting a public servant endeavouring in the discharge of his duty as such to suppress the riot. A may be separately charged with, and convicted of, offences under Sections 147, 325 and 152 of the Pakistan Pena! Code.

(h) A threatens B. C and D at the same time with injury to their persons with intent to cause harm to them. A may be separately charged with and convicted of, each of the three offences under Section 506 of the Pakistan Penal Code.

The separate charges referred to in illustrations (a) to (h) respectively may be tried at the same time.

to sub-section (2)-

(i) A wrongfully strikes B with a cane. A may be separately charged with and convicted of, offences under Sections 352 and 323 of the Pakistan Penal Code.

(j) Several stolen sacks of corn are made over to A and B, who know they are stolen property, for the purpose of concealing them, A and B thereupon voluntarily assist each other to conceal the sacks at the bottom of a grain pit. A and B may be separately charged with, and convicted of, offences under Sections 411 and 414 of the Pakistan Penal Code.

(k) A exposes her child with the knowledge that she is thereby likely to cause its death. The child dies in consequence of such exposure. A may be separately charged with, and convicted of, offences under Section 317 and 304 of the Pakistan Penal Code, (l) A dishonestly uses a forged document as genuine evidence, in order to convict B, a public servant, of an offence under Section 167 of the Pakistan Penal Code. A may be separately charged with, and convicted of, offences under Sections 471 (read with 466) and 196 of the same Code to sub-section (3)-

(m) A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be separately charged with, and convicted of, offences under Sections 323, 392 and 394 of the Pakistan Penal Code.

  1. When it is doubtful what offence has been committed:If a single act or series of acts is of such a nature that it is doubtful which of several offences, the facts which can be proved will constitute the accused may be charged with having committed all or any of such offences, and any number or such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences.

Illustrations

(a) A is accused of an act, which may amount to theft, or receiving stolen property, or criminal breach of trust or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with having committed theft, or receiving stolen property, or criminal breach of trust or cheating.

(b) A states on oath before the Magistrate that he saw B hit C with a club. Before the Sessions Court A states on oath that B never hit C. A may be charged in the alternative and convicted of intentionally giving false evidence, although It cannot be proved when of these contradictory statements was false.

  1. When a person Is charged with one offence, he can be convicted of another:(1) If, in the case mentioned in Section 236, the accused is charged with one offence, and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of that section, he may be convicted of the offence which he is shown to have committed, although he was not charged with it.

(2) [Rep. by the Code of Criminal Procedure (Amendment) Act, 1923 (18 of 1923), Section 63].

Illustration

A is charged with theft. It appears that he committed the offence of criminal breach of trust, or that of receiving stolen goods. He may be convicted of criminal breach of trust or of receiving stolen goods (as the case may be) though he was not charged with such offence.

  1. When offence proved included in offence charged:(1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, that the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it.

(2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence, although he Is not charged with it.

(2-A) When a person is charged with an offence, he may be convicted of an attempt to commit such offence although the attempt is not separately charged.

(3) Nothing in this section shall be deemed to authorize a conviction of any offence referred to in Section 198 or Section 199 when, no complaint has been made as required by that section.

Illustrations

(a) A is charged, under Section 407 of the Pakistan Penal Code, with criminal breach of trust in respect of property entrusted to him as a carrier. It appears, that he did commit criminal breach of trust under Section 406 in respect of the property but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under Section 406.

(b) A is charged, under Section 325 of the Pakistan Penal Code, with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under Section 335 of that Code.

  1. What persons may be charged jointly:The following persons may be charged and tried together, namely;

(a) persons accused of the same offence committed, in the course of the same transaction

(b) persons accused of an offence and persons accused of abetment, or of an attempt to commit such offence;

(c) persons accused of more than one offence of the same kind, within the meaning of Section 234 committed by them jointly within the period of twelve months;

(d) persons accused of different offences committed in the course of the same transaction

(e) persons accused of an offence which includes theft, extortion, or criminal misappropriation, and persons accused of receiving, or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the first-named persons, or of abetment of or attempting to commit any such last-named offence:

(f) persons accused of offences under Sections 411 and 414 of the Pakistan Penal Code or either of those sections in respect of stolen property the possession of which has been transferred by one offence; and

(g) persons accused of any offence under Chapter XIl of the Pakistan Penal Code relating to counterfeit coin, and persons accused of any other offence under the said Chapter relating to the same coin, or of abetment of or attempting to commit any such offence and the provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges.

  1. Withdrawal of remaining charges on conviction on one of several charges:When a charge containing more heads than one, is framed against the same person and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges- Such withdrawal shall have effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court of setting aside the conviction) may proceed with the inquiry into or trial of the charge or charge so withdrawn.

CHAPTER XX

OF THE TRIAL OF CASES BY MAGISTRATES

  1. Procedure in trial of cases:The following procedure shall be observed by Magistrates in the trial of cases.

[241 -A. Supply of statements and documents to the accused: (1) In all cases instituted upon police report, except those tried summarily or punishable with fine or imprisonment not exceeding six months, copies of statements of all witnesses recorded under Sections 161 and 164 and of the inspection-note- recorded by an investigating officer on his first visit to the place of occurrence, shall be supplied free of cost to the accused not less than seven days before the commencement of the trial:—

Provided that, if any part of the statement recorded under Section 161 is such that its disclosure to the accused would be inexpedient in the public interest, such part of the statement shall be excluded from the copy of the statement furnished to the accused.

(2) In all cases instituted upon a complaint in writing, the complainant shall–

(a) state in the petition of complaint the substance of the accusation, the names of his witnesses and the gist of the evidence which he is likely to adduce at the trial; and

(b) within three days of the order of the Court under Section 204 for issue of process to the accused, file in the Court for supply to the accused, as many copies of the complaint and any other document which he has filed with his complaint as the number of the accused:—

Provided that the provisions of this sub-section shall not apply in any case in which the complaint has been made by a Court or by a public servant acting or purporting to act in discharge of his official duties],

Section 241-A added by Law Reforms Ordinance, XIl of 1972.

  1. Charge to be framed:When the accused appears or is brought before the Magistrate, a formal charge shall be framed relating to the offence of which he is accused and he shall be asked whether he admits that he has committed the offence with which he is charged.
  2. Conviction on admission of truth of accusation:If the accused admits that he has committed the offence[with which he is charged], his admission shall be recorded as nearly as possible in the words used by him; and, if he shows no sufficient cause why he should not be convicted, the Magistrate may convict him accordingly.

Words subs- by Law Reforms Ordinance, XII of 1972.

  1. Procedure when no such admission is made:(1) If the Magistrate does not convict the accused under the preceding section or if the accused does not make such admission, ‘the Magistrate shall proceed to hear the complainant (if any), and take all such evidence as may be produced In support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence:—

Provided that the Magistrate shall not be bound to hear any person as complainant in any case in which the complaint has been made by a Court.

(2)The Magistrate may, if he thinks fit on the application of the complainant or accused issue a summons to any witness directing him to attend or to produce any document or other thing.

(3) The Magistrate may, before summoning any witness on such application, require that his reasonable expenses, incurred in attending for the purposes of the trial, be deposited in Court:—

Provided that it shall not be necessary for the accused to deposit any such expenses in Court in cases where he is charged with an offence punishable with imprisonment exceeding six months.

244-A. Statement made under Section 164: The statement of a witness duty recorded under Section 164, if it was made in the presence of the accused and if he had notice of it and was given, an opportunity of cross-examining the witness, may in the discretion of the Court, if such witness is produced and examined, be treated as evidence in case for all purposes subject to the provisions of the Qanun-e-Shahadat, 1984.

  1. Acquittal:(1) If the Magistrate upon taking the evidence referred to in Section 244 and such further evidence (if any) as he may, of his own motion, cause to be produced, and (if he thinks fit) examining the accused, finds the accused not guilty, he shall record an order of acquittal.

(2) Sentence: Where the Magistrate does not proceed in accordance with the provisions of Section 349 he shall if he finds the accused guilty, pass sentence upon him according to taw.

245-A. Procedure in cases of previous convictions: In a case where a previous conviction is charged under the provisions of Section 221, sub-section (7), and the accused does not admit that he had been previously convicted as alleged in the charges the Magistrate may, after he has convicted the accused under Section 243, or under Section 245, sub-section (2), take evidence in respect of the alleged previous conviction, and if he does so, shall record a finding thereon.

  1. [Omitted by Law Reforms Ordinance, XII of 1972].
  2. Non-appearance of complainant:If the summons has been issued on complaint, and upon the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reasons he thinks proper to adjourn the hearing of the case to some other day:—

Provided that, where the complainant is a public servant and his personal attendance, is not required, the Magistrate may dispense with his attendance, and proceed with the cage:—

Provided further that nothing in this section shall apply where the offence of which the accused is charged is either cognizable or non-compoundable.

  1. Withdrawal of complaint: If a complainant, at any time before a final order is:passed in any case under this Chapter satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused.
  2. Power to stop proceeding when no complaint:In any case instituted otherwise than upon complaint, a Magistrate of the First Class, or with the previous-sanction of the Sessions Judge, any other Magistrate may for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment either of acquittal or conviction; and may thereupon release the accused.

249-A. Power of Magistrate to acquit accused at any stage: Nothing in this Chapter shall be deemed to prevent a Magistrate from acquitting an accused at any stage of the case if after hearing the prosecutor and the accused and for reasons to be recorded, he considers that the charge is groundless or that there is no probability of the accused being convicted of any offence.

Frivolous Accusations in cases tried by Magistrate

  1. False, frivolous or vexatious accusations:(1) If in any case instituted upon complaint or upon information given to a police-officer or to a Magistrate, one or more persons is or are accused before Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is heard acquits all or any of the accused, and is of opinion that the accusation against them or any of them was false and either frivolous or vexatious, the Magistrate may, by his order of acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused or to each or any of such accused when there are more than one, or if such person is not present direct the issue of a summons to him to appear and show cause as aforesaid.

(2) The Magistrate shall record and consider any cause which such complainant or informant may show and if he is satisfied that the accusation was false and either frivolous or vexatious may, for reasons to be recorded, direct that compensation to such amount not exceeding twenty-five thousand rupees or, if the Magistrate is a Magistrate Of the Third Class not exceeding two thousand and five hundred rupees as he may determine be paid, by such complainant or informant to the accused or to each or any of them.

(2-A) The compensation payable under sub-section (2) shall be recoverable as an arrear of land-revenue.

(2-B) When any person is imprisoned under sub-section (2-A) the provisions of Sections 68 and 69 the Pakistan Penal Code shall, so far as may be, apply. (2-C) No person who has been directed to pay compensation under this section shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made or information given by him:—

Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter.

(3) A complainant or informant who has been ordered under sub-section (2) by a Magistrate of the Second or Third Class to pay compensation or has been so ordered by any other Magistrate to pay compensation exceeding fifty rupees may appeal from the order, in so far as the order relates to the payment of the compensation, as if such complainant or informant had been convicted on a trial held by such Magistrate.

(4) When an order for payment of compensation to an accused person is made in a case which is subject to appeal under sub-section (3), the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided and, where such order is made in a case which is not so subject to appeal, the compensation shall not be paid before the expiration of one month from the date of the order.

(5) [Rep. by the Code of Criminal Procedure (Amendment) Act, 7923 (XVHI of 192, S. 69.

250-A. Special summons in case of petty offences: (1) Any Magistrate of the first Class specially empowered in this behalf by the Provincial Government taking cognizance of any offence punishable only with fine shall, except for reasons to be recorded in writing, issue summons to the accused requiring him either to appear before him on a specified date in person or by an advocate or, if he desires to plead guilty to the charge, without appearing before the Magistrate, to transmit to the Magistrate before the specified date, by registered post or through a messenger, the said plea in writing and the amount of fine specified in the summons or, if he desires to appear by an advocate and to plead guilty to the charge, to authorise, in writing such advocate to plead guilty to the charge on his behalf and to pay the fine:—

Provided that the amount of the fine specified in such summons shall not be less than twenty-five per cent. nor more than fifty per cent. of the maximum fine provided for such offence.

(2) Sub-section (1) shall not apply to an offence punishable under the Motor Vehicles Ordinance, 1965 (Ordinance XIX of 1965), or under any other law, which provides for the accused person being convicted in his absence on a plea of guilty.

CHAPTER XXI

OF THE TRIAL OF WARRANT CASES BY MAGISTRATES

251 & 259. [Omitted by Law Reforms Ordinance, XII of 1972].

CHAPTER XXII

OF SUMMARY TRIALS

  1. Power to try summarily:(1) Notwithstanding anything contained in this Code–

(a) [Omitted by Law Reforms Ordinance, XII of 1972],

(b) any Magistrate of the First Class specially empowered in this behalf by the Provincial Government, and

(c) any Bench of Magistrates invested with the powers of a Magistrate of the First Class and especially empowered in this behalf by the Provincial Government, may, if he or they think fit, try in a summary way alt or any of the following offences:

(a) offences not punishable with death, transportation or imprisonment for a term exceeding six months;

(b) offences relating to weights and measures under Sections 264, 265 and 266 of the Pakistan Penal Code;

(c) hurt, under clause (i) of section 337-A of the same Code;

(d) theft under Sections 379, 380 or 381 of the same Code, where the value of the property stolen does not exceed ten thousand rupees;

(e) dishonest misappropriation of property under Section 403 of the same Code, where the value of the property misappropriated does not exceed so ten thousand rupees;

(f) receiving or retaining stolen property under Section 411 of the same Code, where the value of such property does not exceed ten thousand rupees;

(g) assisting in the concealment or disposal of stolen property, under Section 414 of the same Code, where the value of such property does not exceed ten thousand rupees;

(h) mischief, under Section 247 of the same Code;

(i) house-trespass, under Section 448, and offences under Sectio