217Code of Criminal Procedure 1898
(Act V of 1898)

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

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

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

B.----Territorial Divisions

C.----Courts and Offices

D.----Courts of Presidency Magistrates

E.----Justices of the Peace

F.----Suspension and Removal

CHAPTER III
POWERS OF COURTS

A.--- Descritpion of offences cognizable by each Court

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

Provided as follows:-

C.---Ordinary and Additional Powers

D.---Conferment, Continuance and Cancellation of Powers

Part III

GENERAL PROVISIONS

Chapter IV

Of Aid and Information to the Magistrates, The Police and Persons Making Arrests

CHAPTER V

OF ARREST, ESCAPE AND RETAKING

A.----Arrest generally

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.

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

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.

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.

B. —Arrest without Warrant

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.

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

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

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

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.

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.

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.

[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

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

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

[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

CHAPTER VI

OF PROCESSES TO COMPEL APPEARANCE

A----- Summons

• 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.]

• [Omitted by A.O., 1949, Sch.]

Proviso added by Law Reforms Ordinance. 1972.

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

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

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.

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.

B.---Warrant of Arrest

(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.

warrant is directed shall take such security and shall release such person from custody.

• The endorsement shall state--

• the number of sureties.

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

• the time at which he is to attend before the

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 -

(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.

• 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

• 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

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

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

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

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.

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.

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.

[Omitted by. A.O., 1949].

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

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

C.—Proclamation and Attachment

• The proclamation shall be published as follows:

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

• 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

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

• 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.

• 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.

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

• by seizure; or

• by the appointment of a receiver; or

• 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.

• 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--

• by taking possession ; or

• by the appointment of a receiver; or

• 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

• by all or any two of such methods, as the Court thinks

• 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.

• 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

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

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.

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

• 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

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

D.—Other Rules regarding Processes

• 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

• 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.

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

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.

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

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--

• 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

in other cases, with the prior permission in writing of the High

• 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

• 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

Procedure as to letters and telegrams:

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.

B. —Search-warrants

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]

98.Search of house suspected to contain stolen property, forged documents, etc.:

• 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-

• to enter with such assistance as may he required, such place, and

• to search the same in manner specified in the warrant, and .

• 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

• 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

• 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

• The provisions of this section with respect to-

• counterfeit coin,

• coin suspected to be counterfeit, and

• instruments or materials for counterfeiting coin,

shall so far as they can be made applicable, apply respectively to

• 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;

• 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

• instruments or materials for making pieces of metal in contravention of that Act.

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

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-

• 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],

• 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-

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).

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

• of Section 99-A, set aside the order of

• [Omitted by Law Reforms Ordinance, XIl of 1972].

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

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

D. -Genera/ Provisions relating to Searches

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

• 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

• 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.

• 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

• 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.

• 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.

E.—Miscellaneous

PART IV

PREVENTION OF OFFENCES

CHAPTER VIII

OPSECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

A. —Security for keeping the Peace on Conviction

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.

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

• 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

• 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

Procedure if Magistrate not empowered to act under sub-section

• 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

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

[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-

• 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

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

• 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).

109.Security for good behaviour from vagrants and suspected persons: Whenever a

[Magistrate of the First Class] receives information-

• 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

• 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,

• is by habit robber, house-breaker, thief or forger, or

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

• habitually protects or harbours thieves or aids, in the concealment or disposal of stolen property, or

• 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

• habitually commits, or attempts to commit, or abets the commissions of, offences involving a breach of the

• 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.

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.

• 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-

• 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

• 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

• 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

• 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).

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.

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

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.

• 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.

• 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.

• 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

• 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.

• If the security is tendered to the officer incharge of the 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.

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

• 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.

• 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.

• 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.

• The Provincial Government may prescribe the conditions upon which a conditional discharge may be made.

• 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

• 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 ]

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.

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

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

1. 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

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.

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.

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

• 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

• 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 ]

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.

• no police officer acting under this Chapter in God faith,

• no officer acting under Section 131 in good faith,

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

• 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.

• 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;

• "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

• "soldier" includes a member of the force constituted under the Act referred to in clause (a).]

CHAPTER X

PUBLIC NUISANCES

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.

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.

• perform within the time and in the manner specified in the order, the act directed thereby; or

• 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.

• If the Magistrate is satisfied that the order is not reasonable and proper, no further proceedings shall be taken in the

• If the Magistrate is not so satisfied, the order shall be made

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

• 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;

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

• fix a time within which they are to return their verdict-

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

• 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

• 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.

• 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

• No suit shall lie in respect of anything done in good faith under this

• 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

• No suit shall lie in respect of anything done in good faith by a Magistrate under this

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

CHAPTER XI

TEMPORARY ORDERS IN URGENT CASES OF NUINANCE OR APPREHANDED DANGER

[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.

• 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.

• An order under this section may be directed to a particular individual, or to the public generally when frequenting or visiting a particular

• [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.

• 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

• 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

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.

• 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

• 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.

• 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.

• 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.

• 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.

• 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

• 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.

• 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.

• Nothing in this section shall be deemed to be in derogation of the powers of the Magistrate, to proceed under Section

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.

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.

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

• 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.

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

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

• The report of the person so deputed may be read as evidence rn the

• 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

warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.

PART V

INFORMATION TO POLICE AND THEIR POWERS TO INVESTIGATE

CHAPTER XIV

• 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].

• 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

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

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

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

Provided as follows: --

• 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;

• 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

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.

• 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

• 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.

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.

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.

• 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-

• 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.

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, --

• 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

• in other cases, with the prior permission in writing of the High

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

• 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.

• 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.

• 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.

• 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,

• 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.

• 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).

• 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.

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 game time forward the accused to such Magistrate.

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

• 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.

• A Magistrate authorizing under this section detention in the custody of the police shall record his reasons for so

• 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

• If for the purpose of investigation, it is necessary that the accused referred to in sub- section (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,

• 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.

• Omitted by item No. 65 (ii) of Punjab Notification No. SO(J-ff) 1-8/75 (P-V), dated 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.]

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

• 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

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 |incharge 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.

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],

• 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

• 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.

• 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.

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.

• has committed suicide, or

• has been killed by another, or by an animal, or by machinery, or by an accident, or

• 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.

• 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]

• 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.

• [Omitted by A.O., 1949, Sch.]

• [The Magistrates of the First Class are empowered to hold ]

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.

PART VI

PROCEEDINGS IN PROSECUTIONS

CHAPTER XV

OF THE JURISDICTION OF THE CRIMINAL COURTS OF INQUIRIES AND TRIALS

A-Place of Inquiry or Trial

[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].

Illustrations

• 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.

• 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.

• 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.

• 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

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

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 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

• 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.

• 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

• 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

• 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.

• 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

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.

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.

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

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.

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

• upon receiving a complaint of facts which constitute such offence;

• upon a report in writing of such facts made by any police officer;

• 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]

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 –

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.

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-

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.

• Prosecution for contempt of lawful authority of public servants: Of any offence punishable under Sections 172 to 188'ofthe 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;

• 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, 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

• 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

• 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.

• 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--

• 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

• 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

• 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.

• 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

• 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

• 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

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

• in the case of a person employed in connection with the affairs of the Federation of the President; and

• 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.

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.

• 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

• 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.

• 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.         .

• 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

• 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.

• 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

• 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.]

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

199-A Inst. by the Code of Criminal Procedure (Second Amendment) Act, XVIII of 1923.

Section 199-B inst. By the Code of Criminal Procedure (Second Amendment) Act, XVIII of 1943.

CHAPTERXVI

OF COMPLAINTS TO MAGISTRATES

Provided as follows:

• 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];

• [Omitted O., 1949,Sch.];

• 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

Words added by Law Reforms Ordinance. XII of 1972

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.

• 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

• 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.

• 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.

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

CHAPTER XVII

OF THE COMMENCEMENT OF PROCEEDINGS BEFORE [COURT]

• Nothing in this section shall be deemed to affect the provisions of Section

• 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

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.

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

• 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

• 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

• The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.

• 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.

• Language of charge:- The charge shall be written either in English or in the language of the Court.

• 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 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

• 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

• 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

• 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.

.sufficient to give the accused notice of the matter with which he is charged.

Provided that the time included between the first and last of such dates shall not exceed one year.

contain such, particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose.

Illustrations

• 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.

• A is accused of cheating B at a given time and place, the charge must set out the manner in which A cheated B.

• 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

• 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.

• 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,

• A is accused of disobeying a direction of the law with intent to save from The charge must set out the disobedience charged and the law infringed.

Illustrations

• 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 Unless it appears that A was in fact misled by this omission, the error shall not be regarded as material,

• 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.

• 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.

• A is charged with the murder of Khuda Bakhsh on the 21^st 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

• A was charged with murdering Haider Bakhsh on the 20^th 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

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.

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

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.

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.

• 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.

• 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

• Nothing contained in this section shall affect the Pakistan Penal Code, Section

Illustrations

to sub-section (1)—

• 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

• 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

• 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

• 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

• 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 A may be separately charged with, and convicted of, two offences under Section 211 of the Pakistan Penal Code.

• 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.

• 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.

• 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

The separate charges referred to in illustrations (a) to (h) respectively may be tried at the same time.

to sub-section (2)-

• 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.

• 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

• 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,

• 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)-

• 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.

Illustrations

• 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

• 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.

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.

was not charged with it.

• 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

• 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 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

• A is charged, under Section 325 of the Pakistan Penal Code, with causing grievous He proves that he acted on grave and sudden provocation. He may be convicted under Section 335 of that Code.

• persons accused of the same offence committed, in the course of the same transaction

• persons accused of an offence and persons accused of abetment, or of an attempt to commit such offence;

• 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;

• persons accused of different offences committed in the course of the same transaction

• 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:

• 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

• 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

and the provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges.

CHAPTER XX

OF THE TRIAL OF CASES BY MAGISTRATES

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.

• In all cases instituted upon a complaint in writing, the complainant shal!--

• 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

• 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.

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

Provided that the Magistrate shall not be bound to hear any person as complainant tn any case in which the complaint has been made by a Court.

• 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.

• 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.

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.

(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.

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.

Frivolous Accusations in cases tried by Magistrate

• 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.

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.

• 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

• 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

• [Rep. by the Code of Criminal Procedure (Amendment) Act, 7923 (XVHI of 192^, 69.

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 t6 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.

CHAPTER XXI

OF THE TRIAL QF WARRANT CASES BY MAGISTRATES

251 & 259. [Omitted by Law Reforms Ordinance, XII of 1972].

CHAPTER XXII

OF SUMMARY TRIALS

• [Omitted by Law Reforms Ordinance, XII of 1972],

• any Magistrate of the First Class specially empowered in this behalf by the Provincial Government, and

• 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:

• offences not punishable with death, transportation or imprisonment for a term exceeding six months;

• offences relating to weights and measures under Sections 264, 265 and 266 of the Pakistan Penal Code;

• hurt, under clause (i) of section 337-A of the same Code;

• theft under Sections 379, 380 or 381 of the same Code, where the value of the property stolen does not exceed ten thousand rupees;

• 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 ;

• receiving or retaining stolen property under Section 411 of the same Code, where the value of such property does not exceed ten thousand rupees;

• 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;

• mischief, under Section 247 of the same Code;

• house-trespass, under Section 448, and offences under Sections 451, 453, 454, 456 and 457 of the same Code-

• insult with intent to provoke a breach of the peace, under Section and criminal intimidation, under Section 506 of the same Code;

(jj) offence of personation at an election under Section 171-F of the same Code;

• abetment of any of the foregoing offences;

• an attempt to commit any of the foregoing offences, when such attempt is an offence;

• offences under Section 20 of the Cattle-Trespass Act,

Proviso : [Omitted by Law Reforms Ordinance, XII of 1972].

• offences against the Pakistan Penal Code, Sections 277. 278, 279, 285, 286, 289. 290, 292, 293, 294, 337-A (i), 337-L (2), 337-H (2), 341, 352, 426, 447 and 504;

• offences against Municipal Acts, and the conservancy clauses of Police Acts which are punishable only with fine or with imprisonment for a term not exceeding one month with or without fine ;

• abetment of any of the foregoing offences ;

• an attempt to commit any of the foregoing offences when such attempt is an .

• the serial number;

• the date of the commission of the offence;

• the date of the report or complaint;

• the name of the complainant (if any);

• the name, parentage and residence of the accused ;

• the offence complained of and the offence (if any), proved, and in cases coming under clause (d), clause (e), clause (f) or clause (g) of sub-section (1) of Section 260, the value of the property in respect of which the offence has been committed ;

• the plea of the accused and his examination (if any);

• the finding, and, in the case of a conviction, a brief statement of the reasons therefore;

• the sentence or other final order; and
• the date on which the proceedings

the evidence and also the particulars mentioned in sub-section 263. 54[and shall, before passing any sentence, record a judgment in the case.

• Bench may be authorized to employ clerk: The Provincial Government may authorize any Bench of Magistrates empowered to try offences summarily to prepare the aforesaid record or judgment by means of an officer appointed in this behalf by the Court to which such Bench is immediately subordinate, and the record. or judgment so prepared shall be signed by each member of such Bench present taking part in the

• if no such authorization, be given, the record prepared by a member of the Bench and signed as aforesaid shall be the proper

• If the Bench differ In opinion, any dissentient member may write a separate

CHAPTER XXII-A

TRIALS BEFORE HGHH COURTS AND COURTS OF SESSION

• the first information reports
• the police report;

• the statements of all witnesses recorded under Sections 161 and 164; and

• the inspection note recorded by an investigation officer on his first visit, to the place of occurrence and the note recorded by him on recoveries made, if any:

Provided that, If arty part of a statement recorded under Section 161 or Section 464 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.

• in all cases instituted upon a complaint in writing-

• the complainant shall-

• 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

• 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 and

• copies of the complaint, and any other documents which the complainant has filed therewith and the statement under Section'200 or Section 202 shall be supplied free of cost to the accused not later than seven days before the commencement of the

trial.

Provided that the Court shall not be bound to hear any person as complainant in any case in which the complaint has been made by a Court.

• The Court shall ascertain from the Public Prosecutor or, as the case may be from the complainant, the names of any persons likely to be acquainted with the facts of the case and to be able to give evidence for the prosecution, and shall summon such persons to give evidence before

• The Court may refuse to summon any such witness, if it is of opinion that such witness is being called for the purpose of vexation or delay or defeating "the ends of Such

ground shall be recorded by the Court in-writing.

• When the examination of the witnesses for the prosecution and the examination pf any of the accused are concluded, the accused shall be asked whether he means to adduce

• If the accused puts in any written statement, the Court shall file it with the

• If the accused, or any one of several accused, says that ha means to adduce evidence, the Court shall call on the accused to/enter on his defence and produce his

• If the accused, or any one of several accused, after entering on his defence, applies to the Court to issue any process for compelling the attendance of any witness for examination or the production of any document or other thing, the Court shall issue such process unless it considers that the application is made for the purpose of vexation or delay or defeating the ends of justice. 3uch 'ground shall be recorded by the Court in

265-J. Statement under Section 164 admissible: The statement of a witness duly 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 the case for all purposes Subject to the provisions of the Qanun-e-Shahadat 1984.

265-K. Power of Court to acquit accused at any stage: Nothing in this Chapter shall be deemed to prevent a Court from acquitting an accused at any stage of the case, if, after nearing the prosecutor and the accused and for reasons to be recorded, it considers that there is not probability of the accused being convicted of any offence.

265-L. Power of Advocate-General to stay prosecution: At any stage of any trial before a High Court under this Code, before the sentence is passed, the Advocate- General may, if he thinks fit inform the Court on behalf of Government that he will not prosecute the accused upon the charge; and thereupon alt proceedings against the accused shall be stayed, and he shall be discharged of and from the same. But such discharge shall not amount to an acquittal unless the presiding Judge otherwise directs.

265-M. Time of holding sittings: For the exercise of its original criminal jurisdiction, every High Court shall hold sittings on such days and at such convenient intervals as the Chief Justice of such Court from time to time appoints.

265-N, Place of holding sittings: (1) The High Court shall hold its sittings at the place at which it held them immediately before the commencement of the Law Reforms Ordinance. 1972, or at such other place (if any) as the Provincial Government may direct.

• But the High Court, may, from time to time with the consent of the Provincial Government, hold sittings at such other places within the local limits of its appellate jurisdiction as the High Court

• Such officer as the Chief Justice directs shall give prior notice in the official Gazette of all sittings intended to be held for the exercise of the criminal jurisdiction of the High

CHAPTER XXIII

OF THE TRIALS BEFORE HIGH COURT AND COURTS OF SESSION

266 to 336. Omitted by Law Reforms Ordinance XIl of 1972

CHAPTER XXIV

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

provided that no person shall be tendered pardon who is involved in an offence relating to hurt or qatl without permission of the victim or as the case may be of the heirs of the victim.

Proviso: [Omitted by Federal Laws (Revision and Declaration) Ordinance XXVII of 1981].

Provided that the accused all pay for the same unless the Magistrate for some special reason thinks fit to furnish it free of cost.

• Every person accepting a tender under this section shall be examined as a witness in the subsequent trial, if any.

• Such person, unless he is already on bail, shall be detained in custody until the termination of the trial.

• [Repealed by Code of Criminal Procedure (Amendment) XVIII of 1923].

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

Provided that no person shall be tendered pardon who is involved in an offence relating to hurt or qatl; without permission of the victim or. as the base may be, of the heirs of the victim.

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

Provided that such person shall not be tried jointly with any of the other accused, and that he shall be-entitled to plead at such trial that he has complied with the conditions upon which such tender was made, in which case it shall be for the prosecution to prove that such conditions have not been complied with.

• The statement made by a person who has accepted a tender of pardon may be-given in evidence against him at such trial.

• No prosecution for the offence of giving false evidence in respect of such statement shall be entertained without the sanction of the High

• Any person accused of an offence before a Criminal Court or against whom proceedings are instituted under this Code in any such Court shall, if he does not plead guilty, give evidence on oath in disproof of the charges or allegations made against him or any person charged or tried together with him at the same trial -

Provided that he shall not be asked, and, if asked, shall not be required to answer, any question tending to show that he has committed or been convicted of any offence other than the offence with which he is charged or for which he is being tried, or is of bad character, unless.

• the proof that he has committed or been convicted of such offence is admissible in evidence to show that he is guilty of the offence with which he is charged or for which he is being tried; or

• He has personally or by his pleader asked questions of any witness for the prosecution with a view to establishing his own good character, or has given evidence of his good character; or

• he has given evidence against any other person charged wither tried for the same

• The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them; but the Court may draw such inference from such refusal or answers as it thinks just.

• The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into or trial for, any other offence which such answers may tend to show he has :

• Except as provided by sub-section (2) of Section 340, no oath shall be administered to the

Remand: Provided no Magistrate shall remand an accused person to custody under this section for a term exceeding fifteen days at a time.

Explanation Reasonable cause for remand: If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand.

The offences punishable under the sections of the Pakistan Penal Code specified in the first two columns of the table next following may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that table:

• When, any offence is compoundable under this section, the abetment of such offence or an attempt to commit such offence (when such attempt is itself an offence) may be compounded in, like manner.

• When the person who would otherwise be competent to compound an offence under this section is under the age of eighteen years or is an idiot or a lunatic, any person competent to contract on his behalf may with the permission of the Court compound such

• when the accused has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave,-of the Court before which the appeal

is to be heard.

• The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been

• No offence shall be compounded, except as provided by this

Proviso: [Omitted by Law Reforms Ordinance, XII of 1972].

Provided that he shall not inflict a. punishment more severe than he is empowered to inflict under Sections 32 and 33.

recorded the whole or any part of the evidence in an inquiry or a trial, ceases to exercise jurisdiction therein, and is succeeded by another Sessions Judge or Magistrate who has and who exercises such jurisdiction, the Sessions Judge or Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly, recorded by himself; or he may resummon the witnesses an^ recommence the inquiry or trial;

Provided that—

• where the conviction was held before a Sessions Judge, the High Court; and

• where the conviction was held before a Magistrate, the High Court or the Court of Session may whether there be an appeal or not, set aside any conviction passed on evidence not-wholly recorded by the Sessions Judge or Magistrate before whom the conviction was held, if such Court is of opinion that the accused has been materially prejudiced thereby, and may order as a new inquiry or

• Nothing in this section applies to cases in which proceedings have been stayed under Section 346 or in which proceedings have been submitted to a Magistrate Specially empowered under Section 349.

• When a case is transferred under the provisions of this Code from one Magistrate to another, the former shall be deemed to cease to exercise-jurisdiction therein, and to be succeeded by the latter within the meaning of sub-section (1).

350-A. Changes in constitution of Benches: No order or judgment of a Bench of Magistrates shall be invalid by reason only of a change having occurred in the constitution of the Bench in any case in which the Bench by which such order or judgment is passed, is duly constituted under Sections 15 and 16, and the Magistrates constituting ;the same have been present on the Bench throughout the proceedings.

Provided that the Presiding Judge or Magistrate may, if he thinks tit, order at any stage of any inquiry into or trial of, any particular case, that the public generally, or any particular

person, shall not have access to, or be or remain in, the room or building used by the Court.

CHAPTER XXV

OF THE MODE OF TAKING AWRECORDING EVIDENCE IN INQUIRIES AND TRIALS

• Such memorandum shall be written and signed by the Magistrate with his Own hand, and shall form part of the record.

• If the Magistrate is prevented from making a memorandum as above required, he shall record the reason of his inability to do so, and shall cause such memorandum to be

made in writing from his dictation in open Court, and shall sign the same and such memorandum shall form part of the record.

• Evidence given in English: When the evidence of such witness is given in English the Magistrate or Sessions Judge may take it down in that language with his own hand, and, unless the accused is familiar with English, or the language of the Court is English, an authenticated translation of such evidence in the language of the Court shall form part of the record.

his presence and hearing and under his persona! direction and superintendence, and an authenticated translation of such evidence in the language of the Court or in

English shall form part of the record.

• Memorandum when evidence not taken down by the Magistrate or Judge himself : In cases in which the evidence is not taken down in writing by the Magistrate or Sessions Judge, he shall, as the examination of each witness proceeds, make a memorandum of the substance of what such witness deposes;, and such, memorandum shall be written and signed by the Magistrate or Sessions Judge with his own hand, and shall, form part of the

• If the Magistrate or Sessions Judge is prevented from making a memorandum as above required, he shall record the reason of his inability to make it.

Provided that the Provincial Government may direct the Sessions Judge or Magistrate to take down the evidence in the English language or in the language of the Court, although such language is not his mother tongue.

to him in the presence of the accused, if in attendance, or of his pleader, if he appears by pleader, and shall, if necessary, be corrected.

• If the witness denies the correctness of any part of the evidence when the same is read over to him, the Magistrate or Sessions Judge may, instead of correcting, the evidence make a memorandum thereon of the objection, made to it by the witness, and shall add such remarks as he thinks

• If the evidence is taken down in a language different from that in which it has been given and the witness does not understand the language in which it is taken down, the evidence so taken down shall be interpreted to him in the language in which it was given, or in a language, which he understands.

• If he appears by pleader and the evidence is given in a language other than the language of the Court, and not understood by the pleader, it shall be interpreted to such pleader in that language.

• When documents are put in for the purpose of formal proof, it shall be in the discretion of the Court to interpret as much thereof as appears necessary.

• When the whole is made conformable to what he declares is the truth, the record shall be signed by the accused and the Magistrate or Judge of such Court, and such Magistrate or Judge shall certify under his own hand that the examination was taken in his presence and hearing and that the record contains a full and true account of the statement made by the

• In cases in which the examination of the accused is not recorded by the Magistrate or Judge himself, he shall be bound, as the examination proceeds, to make a memorandum thereof in the language of the Court, or in English, if he is sufficiently acquainted with the latter language; and such memorandum shall be written and signed by the Magistrate or Judge with his own hand, and shall be annexed to the record. If the Magistrate or Judge is unable to make a memorandum as above required, he shall record the reason of such

• Nothing in this section shall be deemed to apply to the examination of an accused person under Section 263.

CHAPTER XXVI

OF THE JUDGMENT

• in open Court either immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleaders and

• in the language of the Court, or in some other language which the accuser , or his pleader understands:

Provided that the whole judgment shall be read out by the presiding Judge if he is requested so to do either by the prosecution or the defence.

• The accused shall, if in custody, be brought up, or; if not in custody, be required by the Court to attend, to hear judgement delivered, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted, .either of which cases it may be delivered in the presence of his :

• No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the absence of any party or his pleader on the day or from the place notified for the delivery thereof, or of any omission to serve, or defect in Sewing, on the parties or their pleaders, or any of them, the notice of such day and

• Nothing in this section shall be construed to limit in any way the extent of the provisions of Section 537.

• It shall specify, the offence (if any) of which, and the section of the Pakistan Penal Code or other law under which, the accused is convicted, and the punishment to which he is sentenced.

• Judgment in alternative: When the conviction is under the Pakistan Penal Code and it is doubtful under which of two sections, or under which of two parts of the same section, of that Code the offence falls, the Court shall distinctly express the same, and pass judgment in the

• If it be a judgment of acquittal it shall state the offence of which the accused is acquitted, and direct that he be set at liberty.

• If the accused is convicted of an offence punishable with death, and the Court sentences him to any punishment other than death, the Court shall in its judgment state the reason why sentence of death was not passed :

Proviso : [Omitted by Law Reforms Ordinance, XII of 1972].

• For the purposes of this section an; order under Section 118 or Section 123, sub- section (3), shall be deemed to be a judgment.

369- Court not to alter judgment: Save as otherwise provided by this Code or by any other law for the time being in force or in the case of a High Court, by the letters Patent of such High Court, no Court when it has signed its judgment, shall alter or review the same, except to correct a clerical error.

Provided that this sub-section shall not apply, to cases tried summarily or where the accused is convicted, of an offence under any law other than the Pakistan Penal Code.

(2) Case of person sentenced to death: When the accused is sentenced to death by a Sessions judge, such Judge shall further inform him of the period within which, if he wishes to appeal, his appeal should be preferred.

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

CHAIPTER XXVII

OF THE SUBMISSION OF SENTENCES, FOR CONFIRMATION

• If when such proceedings are submitted the High Court thinks that a further inquiry should be made into, or additional evidence taken upon, any point bearing upon the guilt or innocence of the convicted person, it may make such inquiry or take such evidence itself, or direct it to be made or taken by the Court of

• Unless the High Court otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or such evidence is taken

• When the inquiry and the evidence (if any) are not made and taken by the High Court, the result of such inquiry and the evidence shall be certified to such

• may confirm the sentence, or pass any other sentence warranted by law, or

• may annul the conviction, and convict the accused of any offence of which the

.Sessions Court might have convicted him, or order a new trial on the same or an amended charge, or

• may acquit the accused person :

Provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of.

of Session.

CHAPTER XXVIII

OF EXECUTION

provided that the sentence of death shall not be executed if the heirs of the deceased pardon the convict or enter into a compromise with him even at the last moment before execution of the sentence.

382-A. Postponement of execution of sentences of imprisonment under Section 476 or for a period of less than one year : Notwithstanding anything contained in Section 383 or 391, where the accused--

• is awarded any sentence of imprisonment under Section 476, or

• is sentenced in cases other than those provided for in Section 381, to imprisonment whether with or without fine or whipping, for a period of less than one

the sentence shall not, if the accused furnishes bail to the satisfaction of the Court for his appearance at such time and place as the Court may direct, be executed, until the expiry of the period prescribed for making an appeal against such sentence, or if an appeal is made within that time, until the sentence of imprisonment is confirmed by the Appellate Court, but the sentence shall be executed as soon as practicable after the expiry of the period prescribed for making an appeal.

or in case of an appeal, as soon as practicable after the receipt of the order of the Appellate Court confirming the sentence.

• issue a .warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender;

• issue a warrant .to the [District Officer (Revenue)] authorising him to realise the amount by execution according to civil process against the movable or immovable property, or both, of the defaulter:

Provided that, if the sentence directs that in default of payment of the fine the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant.

• The Provincial Government, may make rules regulating the manner which warrants- under sub-section (1), clause (a), are to be executed, and for the summary determination if any claims made by any person other than the offender in respect of any property attached in execution of such warrant.

• Where the Courts issue a warrant to the [District Officer (Revenue)] under sub-section (1), clause- (b) such warrant shall be deemed to be a decree and the Collector to be the decree-holder, within the meaning of the Code of Civil Procedure, 1908, and the nearest Civil Court by which any decree for a like amount could be executed shall, for the purposes, of the said Code, be deemed to be the Court which passed the .decree, and at the provisions of that Code as to execution of decrees shall apply accordingly :

Provided that no such warrant shall be executed by the arrest or detention in prison of the offender.

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

property is found.

• order that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order or in two or three installments, of which the first, shall be payable on or before a date not more than thirty days from the date of the order and the other or others at an interval or at intervals, as the case may be, of not more than thirty days, and

• suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond, with or without sureties; as the Court thinks fit,

conditioned for his appearance before the Court on the date or dates on or before which payment of the fine or the installments

thereof, as the case may be, is to be made and if the amount of the fine or of any installment, as the case may be, is not realised on or before the latest date on

which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution at once.

be awarded and the money is not Paid forthwith; and, if the person against whom the order has been made, of being - required to enter info a bond such as is referred to in that sub-section, fails to do so the Court may at once pass sentence of imprisonment.

391.

• Execution of sentence of whipping, in addition to imprisonment : is sentenced to whipping only and furnishes bail to the satisfaction of the Court for his appearance at such time and place as the Court may direct, or

• is sentenced to whipping in addition to imprisonment, the whipping shall not be inflicted until fifteen-days from the date of the sentence, or if an appeal is made within that time, until the sentence is confirmed by the Appellate Court, but the whipping shall be inflicted as soon as .practicable after the expiry of the fifteen days, or, in case of an appeal, as soon as practicable after the receipt of the order of the Appellate Court confirming the sentence;

• The whipping shall be inflicted in the presence of the officer incharge of the Jail, unless the Judge or Magistrate orders it to be inflicted in his own

• No accused person shall be sentenced to whipping in addition to imprisonment when the term of imprisonment to which he is sentenced is less than three

the case of a person under sixteen years of age, it shall be inflicted in such mode, and on such part of the person, and with such instruments, as the Provincial Government directs.

• females:

• males sentenced to death or to imprisonment for life or to imprisonment for more than five years;

• males whom the Court considers to be more than forty-five years of

from being executed; the Offender shall be kept in custody till the Court which passed the sentence can revise it; and the said Court, may, at its discretion, either remit such sentence, or sentence the offender in lieu of whipping, or in lieu of so much of the sentence of whipping as was not executed, to imprisonment for any term not exceeding twelve months, or to a fine not exceeding-five-hundred rupees, which may be in

addition to any other punishment to which he may have been sentenced for the same offence.

• If the new sentence is severer in its kind than the sentence which such convict was undergoing when he escaped/the new sentence shall take effect

• When the new sentence is not severer in its kind than the sentence the convict was undergoing when he escaped, the new .sentence shall take effect after he has suffered imprisonment, for a further period equal to that which, at the time of his escape, remained unexpired of his former

Explanation : For the purposes of this section-

• [Omitted]

• a sentence of imprisonment with solitary confinement shall be deemed severer than a sentence of the same description of imprisonment without solitary confinement, and

• a sentence of rigorous imprisonment shall be deemed severer than a sentence of simple imprisonment with or without solitary

Proviso : [Omitted by Criminal Procedure (Amendment) Act, XXV of 1974] :

Provided further, that where a person who has been sentenced to imprisonment by an order under Section 123 in default of furnishing security is. whilst undergoing such sentence, sentenced to, imprisonment for an offence committed prior to the making ,,o{ such order, the latter sentence shall commence immediately.

the person undergoing the sentence is after its execution to undergo a further substantive sentence, or further substantive sentences, of imprisonment, or transportation, effect shall not be given to the award of imprisonment in default of payment of the tine until the person has undergone the further sentence or sentences.

offence, the Court may direct that such person, instead of being imprisoned in a criminal jail, shall be confined in any reformatory established by the Provincial Government as a fit place for confinement, in which there are means of suitable discipline and of training in some branch of useful industry or which is kept by a person willing to obey such rules as the Provincial Government prescribes with regard to the discipline and training of persons confined therein.

• Alt persons confined under this section shall be subject to the rules so

• This section shall not apply to any place in which the Reformatory Schools Act, 1897, is for the time being in force.

CHAPTER XXIX

OF SUSPENSIONS, REMISSIONS AND COMMUTATIONS OF SENTENCES

• Whenever an application is made to the Provincial Government for the suspension or remission of a sentence, the Provincial Government may require the presiding Judge of the Court before or by which the conviction was had or confirmed to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as

• If any condition on which a sentence has been suspended or remitted is, in the opinion of the Provincial Government, not fulfilled, the Provincial Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police-officer without warrant and remanded to undergo the unexpired portion of the

• The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will.

• Nothing herein contained shaft be deemed to interfere with the right of the President or of the Federal Government when such right is delegated to it to grant pardons, reprieves, respites or remissions of punishment.

• The Provincial Government may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with.

death imprisonment for life, rigorous imprisonment for a term not exceeding that to which he might have been sentenced, simple imprisonment for a like term, fine.

CHAPTER XXX

OF PREVIOUS ACQUITTALS OR CONVICTIONS

.made under Section 236, or for which he might have been convicted under Section 237.

• A person acquitted or convicted of any offence may be afterwards tried for any distinct offence for which separate charge might have been made against him on the former trial under Section 235, sub-section (1).

• A person convicted of any offence constituted by any act causing consequences: which together, with such act, constituted a different offence from that of which he was convicted, may be afterwards tried for such last mentioned offence, if the consequences had not happened, or were not known to the Court to have happened, at the time when he was

• A person acquitted or convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be subsequent charged with, and tried for, any other offence constituted by the same acts which fie may have committed if the Court by which he was first tried was not competent to try the offence with which he is subsequently charged.

• Nothing in this section shall affect the provisions of Section 26 of the General Clauses Act, 1897, or Section 188 of this

Explanation : The dismissal of a complaint, the stopping of proceedings under Section 249, or the discharge of the accused is not an acquittal for the purposes of this section.

Illustrations

• A is tried upon a charge of theft as S servant and acquitted. He cannot afterwards, while the acquittal remains In force, be charged with theft as a servant, or, upon the same facts, with theft simply, or with criminal breach of trust.

• A is tried upon a charge of murder and. acquitted. There is no charge of robbery; but it appears from the facts that A committed robbery at the time when the murder was committed; he may afterwards be charged with, and tried for robbery,

• A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be tried again for culpable homicide.

• A is charged before the Court of Session and convicted of the culpable homicide of B. A may not afterwards be tried on the same facts for the murder of

• A is charged by a Magistrate of the First Class with, and convicted by him of, voluntary causing hurt to S. A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts, unless the case comes within paragraph 3 of the

• A is charged by a Magistrate of the Second Class with, and convicted by him of, theft of property from the person of B. A may be subsequently charged with, and tried for, robbery on the same facts.

• A, B and C are charged by a Magistrate of the First Class with, and. convicted by him of robbing D. A, B and C may afterwards be charged with, and tried for, dacoity on the same facts.

PART VII

OF APPEAL, REFERENCE AND REVISION

CHAPTER XXXI

OFAPPEALS

Provided that nothing in this section shall apply to persons the proceedings against whom are laid before a Sessions Judge in accordance with the provisions of sub-section (2) or sub-section (3-A) of Section 123].

Section 406 & Proviso subs. by Ordinance, XXXVII of 2001, dt, 13-8-2001

Provided as follows:

• [Rep: by the Criminal Law Amendment Act, XII of 1923, 23]

• When in any case an Assistant Sessions Judge 6[passes any sentence of imprisonment for a term exceeding four years the appeal of alt or any of the accused convicted at such trial shall lie to the High Court;

• when any person is convicted by a Magistrate of an offence under Section 124-A of the Pakistan Penal Code, the appeal shall lie to the High Court.

Provided that an Additional Sessions Judge shall hear only such appeal as the Provincial Government may, by general or special order, direct or as the Sessions Judge of the Division may make over to him :

Provided further that no such appeal shall be heard by an Assistant Sessions Judge unless the appeal is of a person convicted on a trial held by any Magistrate of the Second Class or Third Class.

• against the conviction on any ground of appeal which involves a matter of law only;

• with the leave of the Appellate Court or upon the certificate of the Judge who tried case that it is a fit case for appeal, against the conviction on any ground of appeal which involves a matter of fact only, or a matter of mixed law and fact, or any other ground

which appears to the Appellate Court to be a sufficient ground of appeal; and

• with the leave of the Appellate Court, against the sentence passed unless the sentence is, one fixed by

• Notwithstanding anything contained in Section 417, the Provincial Government may direct the Public Prosecutor to present an appeal to the High Court from any order of acquittal passed by the High Court n the exercise of its original criminal jurisdiction, and such appeal may notwithstanding anything contained in Section 418, or Section 423, sub- section (2), or in the Letters Patent of any High Court, but subject to the restrictions imposed by clause (b) and clause (c) of sub-section (1) of this section on an appeal against a conviction, lie on a matter of fact as well as a matter of

• Notwithstanding anything elsewhere contained in any Act or Regulation an appeal under this section shall be heard by a Division Court of the High Court composed of not less than two Judges, being Judges other than the Judge or Judges by whom the original trial was held; and if the constitution of such a Division Court impracticable, the High Court shall report the circumstances to the Provincial Government which shall take action with a view to the transfer of the appeal under Section 527 to another' High

• Subject to such rules as may from time to time tie made by the Supreme Court in this behalf, and to such conditions as the High Court may establish or require, an appeal shall tie to the Supreme Court from any order made on appeal under sub-section (1) by a Division Court of the High Court in respect of which order the High Court declares that The matter is a fit one of such appeal.

has been convicted by a High Court, a Court of Session of Magistrate of the First Class on such plea, there shall be no appeal except as to the extent or legality of the sentence.

Explanation: There is no appeal from a sentence of imprisonment passed by such Court or Magistrate in default of payment, of fine when no substantive sentence of imprisonment has also been passed.

Explanation: A sentence of imprisonment in default of payment of fine is not a sentence by which two or more punishments are combined within the meaning of this section.

• If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.

• No application under sub-section (2) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of sixty days from: the date of that order,

• If, in any case, the application under sub-section (2) for the grant of special leave to appeal from an order of acquittal is refused no appeal from that order of acquittal shall lie under sub-section (1).

Explanation : The alleged severity of a sentence shall for the purpose of this section, be deemed to be a matter of law.

Provided that no appeal presented under Section 419 shall be dismissed unless the appellant or his pleader has had a reasonable opportunity of being heard in support of the same.

and, in cases of-appeals under Section 411-A, sub-section (2) or Section 417, the Appellate Court shaft cause a like notice to be Given to the accused

sub-section (2) or Section 417, the accused, if he appears, the Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may--

• in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be tried or sent for trial to the Court of Session or High Court as the case may be, or find him guilty and pass sentence on him according to law;

• in an appeal from a conviction, (1) reverse the finding and sentence, and acquit or discharge the accused, or order him to be tried by a Court of competent jurisdiction subordinate to such Appellate Court of i7[sent for trial, or (2) after the finding, maintaining the sentence, or, with or without altering the finding, reduce the sentence, or (3) with or without such reduction and with or without altering the finding after the nature of the sentence, but subject to the provisions of Section 106, sub-section (3), not so as to enhance the same;

• in an appeal from any other order, alter or reverse such order;

• make any amendment ;or any consequential or incidental order that may be just or

Provided that, unless, the Appellate Court otherwise directs, the accused shall not be brought up, or required to attendee hear judgment delivered.

• The power, conferred by this section on an Appellate Court may be exercised also by the High Court in the case of any appeal by ,a convicted person to a Court subordinate

an appeal order that be released J3n bail, for a period sufficient in the Opinion of the Court to enable him to present the appeal and obtain the orders of the Appellate Court under sub-section (1) and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.

• When the appellant is ultimately sentenced to imprisonment, or imprisonment for life the time during which he is so released shall be excluded in computing the term for which he is so sentenced.

• Where the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify such evidence to the Appellate Court, and Such Court shall thereupon proceed to dispose of the

• Unless the Appellate Court otherwise directs, the accused or his pleader shall be present when the additional evidence is

20. Sub-sec. (2-B) inst. by the Code of Criminal Procedure (Second Amendment) Act, 4 of 1946, S. 2.

• The taking of evidence under this section shall be subject to the provisions of Chapter XXV, as if it were an

CHAPTER XXXII

OF REFERENCE AND REVISION

432-433. [Omitted by AO.1949, Sch.]

434. [Omitted by Act, XXVI of 1943, S. 6.]

sentence or order recorded or passed, and as to the regularity of any proceedings of such inferior Court and may, when calling for such record, direct that the execution of any sentence be suspended and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.

Explanation: All Magistrates shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section.

• [Omitted by Item No. 150 (ii) 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 (I) 96, dated 8-4-1996 for Islamabad only.]

• [Rep. by the Code of Criminal Procedure (Amendment) Act, l923^(Vfffof1923);S. ]

• [Omitted by Item. No. 150(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(f)/96, dated 8-4-1996 for Islamabad ]

subordinate to him to make, and the Sessions Judge himself may direct any Judicial Magistrate subordinate to him to make, further inquiry into any complaint which has been dismissed under Section 203 or sub-section (3) of Section 204, or into the case of any person accused of an offence who, has been discharged ;

Provided that no Court shall make any direction under this section for enquiry into the case of a person Who has been released or discharged under Section 119 unless such person has had an opportunity of showing cause why such direction

should not be made.]

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

• No order under this section, shall be made to the prejudice of the accused unless he has had an opportunity of being heard either personally or by pleader in his own

• Where the sentence dealt with under this section has been passed by a Magistrate the Court shall not inflict a greater punishment for the offence which, in the opinion of such Court, the accused has committed, than might have been inflicted for such offence by a Magistrate of the First Class.

• Nothing in this section shall be, deemed to authorize a High Court—

• To convert a finding of acquittal into one of conviction; or

• to entertain any proceedings in revision, with respect to an order made .by the Sessions Judge under Section

• Where under this Code an appeal lies and no appeal is brought, no proceedings by way of revision shall be entertained at the instance of the party who could have

• Notwithstanding anything contained in this section, any convicted person to whom an opportunity has been given under sub-section (2) of showing cause why his sentence should not be enhanced shall, in showing cause, be entitled at so to show cause against Ns conviction.

Provided that the Court .may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader, and that nothing in this section shall be deemed to affect Section 439, sub-section (2).

PART VIII

SPECIAL PROCEEDINGS

CHAPTER XXXIII

443 to 463. [Omitted by the Criminal Law (Execution of Discriminatory Privileges) Act, 1949, II of 1950, Schedule.]

CHAPTER XXXIV

LUNATICS

consequently incapable of making his defence, the Magistrate shall inquire into the fact of such unsoundness, and shall cause such person to be examined by the Civil Surgeon of the distract or such other medical officer as the Provincial Government directs, and thereupon shall examine such surgeon or other officer as a witness, and shall reduce the examination to writing.

and incapacity, and if the Court is satisfied of the fact, it shall record a finding to that effect and shall postpone further proceedings in the case.

(2) Custody, of lunatic: If the case is one in which, in the opinion of the Magistrate or Court, bail should not be taken, or if sufficient security is not given, the Magistrate or Court, as the case may be, shall, order the accused to be detained in safe custody in such place and manner as he or it may think fit, and shall report the action taken to the provincial Government:

Provided that no order for the detention of the accused in a lunatic asylum shall be made otherwise than in accordance with such rules as the Provincial Government may have made under the Lunacy Act, 1912.

may be, the Magistrate or Court, considers him capable of making his defence, the inquiry or trial shall proceed,

shall state specifically whether he committed the act or hot.

Provided that no order for the detention of the accused in a lunatic asylum .shall be made otherwise than in accordance with such rules as the Provincial Government may have made under the Lunacy Act, 1912.

(2) Power of Provincial Government to relieve Inspector-General of certain functions: The Provincial Government may empower the officer incharge of the jail in which a person is confined under the provisions of Section 466 or this section, to discharge at! or any of the functions of the inspector General of Prisons under Section 473 or Section

order such person-to be delivered to such relative or friend.

and the Inspecting Officer referred to in sub-section (1), clause (b) certifies at anytime to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shaft call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court; and, upon such production, the Magistrate or Court shall proceed in accordance with the provisions of Section 468, and the certificate of the inspecting officer shall be receivable as evidence.

CHAPTER XXXV

PROCEEDINGS IN CASE OF CERTAIN OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

• When in any case tried under sub-section (1) the Court finds the offender guilty, it may, notwithstanding anything contained in sub-section (2) of Section 262-

• pass any sentence on the offender authorised by law for such offence, except sentence of death, or imprisonment for life. or imprisonment exceeding five years, if such Court be a High Court, a Court of Session, a District Court or any Court exercising the power of a Court of Session or a District Court;

• sentence the offender to simple imprisonment for a term which may extend to three months, or to pay a fine not exceeding one thousand rupees, or both, it such Court be a Court of a Magistrate of the First Class, a Civil Court other than a High Court, a District Court or a Court exercising the powers of a District Court, or a Revenue Court no inferior to Court of Collector.

• sentence the offender to simple imprisonment for a term not exceeding on^ month, or to pay a fine not exceeding fifty rupees, or both, if such Court be a Criminal Court or a Revenue Court other than a Court referred to in clause (a) or clause (b).

• The powers conferred on Civil, Revenue and Criminal Courts under this section may be exercised in respect of any offence referred to in sub-section (1) and alleged to have been committed in relation to any proceeding in such Court by the Court to which such former Court is subordinate within the meaning of sub-section (3) of Section

• Any person sentenced by any . Court under this section may,    notwithstanding anything  hereinbefore contained; appeal-

• in the case of a sentence by the, High Court, to the Supreme

• in the case of a, sentence by a Court of Session, or District Courts of a Court, exercising the powers of a Court of Session-or a District Court, to the High Court; and

• in any other case, to the Sessions

• The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals under this section and the Appellate Court may alter the finding or reduce or enhance the sentence appealed against.

476-B. [Omitted by Law Reforms Ordinance, XII of 1972].

478-479. [Omitted by Law Reforms Ordinance, XII Of 1972].

Penal Code is committed in the view or presence of any Civil Criminal or Revenue Court, the Court may cause the offender to be detained in custody and at any time before the rising of the Court on the same day may,, if it thinks fit, take cognizance of the offence and sentence the offender to fine not exceeding two hundred rupees; and, in default of payment to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid.

(2) [Omitted by Act, II of 1950, Sch.]

contained, appeal to the Court to which decrees or orders made in such Court are ordinarily appealable.

• The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals under this, section, and the Appellate Court may; alter or reverse the finding, or reverse the sentence appealed against .

• [Omitted by AO ]--

An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the session division within which such Court is situate.

• An appeal from such conviction by any officer as Registrar or sub-registrar appointed as aforesaid may, when such officer is also Judge of a civil Court be made to the Court to which. It would be under the preceding portion of this section, be made if such conviction were a decree by such officer in his capacity as such Judge, and in other causes may be made to the District Judge.

person for any offence referred to in Section 195, when such offence is committed before himself or in contempt of his authority, or is brought under his notice, as such Judge or Magistrate in the course of a judicial proceeding.

CHAPTER XXXVI

[SECTIONS 488TO 490]: [Omitted by Federal Laws (Revision and Declaration) Ordinance, XXVII of 1981.]

CHAPTER XXXVII

DIRECTIONS OF THE NATURE OF A HABEAS CORPUS

• that a person within the limits of its appellate criminal jurisdiction be brought up before the Court to be dealt with according to law;

• that a person illegally or improperly detained in public or private custody within such limits be set at liberty ;

• that a prisoner detained in any Jail situated within such limits be brought before the Court to be there examined as a witness in any matter pending or to be inquired into in such Court;

• that a prisoner detained as aforesaid be brought before a Court-martial or any Commissioners for trial or to be examined touching any matter pending before such Court- martial or Commissioners respectively ;

• that a prisoner within such limits be removed from one custody to another for the purpose of trial; and

• that the body of a defendant within such limits be brought in on the Sheriff's return of Cepi Corpus to a writ of attachment.

• The High Court may, from time to time, frame rules to regulate the procedure in cases under this section.

• Nothing in this section applies to persons detained under any law providing for preventive

PART IX

SUPPLEMENTARY PROVISIONS

CHAPTER XXXVIII

OF THE PUBLIC PROSECUTOR

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

prosecute in any Court any person in any such case, the Public Prosecutor shall conduct the prosecution, and the pleader so instructed shall act therein, under his directions.

• if it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences;

• if it is made after a charge has been framed, or when under this Code no charge is required, he shall be acquitted in respect of such offence or offences:

• Any such officer shall have the like power of withdrawing from the prosecution as is provided by Section 494, and the provisions of that section, shall apply to any withdrawal by such officer.

• : Any, person conducting the prosecution may do so personally or by a

• An officer of police shall not be permitted to conduct the prosecution if he has taken any part in the investigation into the offence with respect to which the accused is being

CHAPTER XXXIX

OF BAIL

Provided, further that' nothing-in this section shall be deemed to affect the provisions of Section 107, sub-section (4), or Section 117, sub-section (3).

Provided that the Court may direct .that any person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be released on bail,

provided further that a person accused of an offence as aforesaid shall not be release on ball unless the prosecution has been given notice to show cause why he should not be so released:

Proviso : [Omitted by the Ordinance, LIV of 2001.]

• If it appears to such Officer or Court at any stage of the investigation, inquiry or trial, as the case may be that there are not reasonable: grounds, for believing that the accused has committed a non-bailable offence; but that there are sufficient grounds for further inquiry into his guilt, the accused shall, pending such inquiry, be released on bail, or, at the discretion of such officer or Court, on the execution ,by him of a bond without sureties for his appearance as hereinafter

• An officer of a Court is releasing any person on bail under sub-section, (1) or sub- section (2) shall record in writing his or its reasons for so

• If, at any time after the conclusion at the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court is, of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in custody on the execution by him of a bond without sureties for his appearance to hear judgment delivered.

• A High Court or Court of Session and, in the case of a person released by itself any, other Court may cause any person who has been released under this section to be arrested and may commit him to

registered for the time being and an order for the release of a person on bail, or a direction that a person be admitted to bail, shall be effective only in respect of the; case that so stands registered against him and is specified in the order or direction.

• On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before

• On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the, bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and if he falls to do so, may commit him to custody.

CHAPTER XL

OF COMMISSIONS FOR THE EXAMINATION OF WITNESSES

• [Omitted by Federal Laws (Revision and Declaration) Ordinance, XXVII of 1981]. (2-A) When the witness resides- in an area in or in relation to which the President has

Extra-Provincial Jurisdiction Within the meaning of the Extra-Provincial Jurisdiction Order, 1949 (G.G.O. No- 5 of 1949), the commission may be issued to such Court or officer in the area as may be recognised by the President by notification in the official Gazette as a Court or officer to which or to whom commissions may be issued under this sub-section and within the local limits of whose jurisdiction the witness resides.

• The Magistrate or officer to whom the commission is issued, shall proceed to the place where the witness is or shall summon the witness before him, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of cases under this code.

• Where the commission is issued to such officer as is mentioned in sub-section (2-A), he may, in lieu of proceeding in the manner provided in Sub-section (3), delegate his powers and duties under the commission to any officer subordinate to him whose powers are not less than those of a Magistrate of the First Class in

504.[Omitted byA,Q.,1949, Sch.].

CHAPTER XLI

SPECIAL RULES OF EVIDENCE

Provided that the Court may, if it considers necessary in the interest of justice, summon and examine the person by whom such report has been made.

• by an extract certified under the hand of the officer having the custody of the records of the Court in which such conviction or acquittal was had to be a copy of the sentence or the

• In case of a conviction, either by a certificate signed by the officer incharge of the jail in which the punishment or any part thereof was inflicted, or by production of the warrant of commitment under which the punishment was suffered, together with in each of such cases, evidence as to the identity of the accused person with the person so convicted or

Any depositions so taken may. be given in evidence against any person who is subsequently accused of the offence, if the deponent is dead or -incapable of giving evidence or beyond the limits of Pakistan.

CHAPTER XLII

PROVISIONS AS TO BONDS

• If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same by issuing a warrant for the attachment and, sale of the movable property belonging to such person or his estate if he be

• Such warrant may be executed within the local limits of the jurisdiction of the Court, which issued it; and it shall authorise the attachment, and sale of any movable property belonging to such person without such limits, when endorsed by the [District Officer Revenue] within the local limits of whose jurisdiction such property is

• If such penalty is not paid and cannot be recovered by such attachment and sale, the person so bound shall be liable, by order of the Court which issued the, Warrant, to imprisonment in the civil jail for a term which may extend to six

• The Court may; at its discretion remit any portion of the penalty mentioned and enforce payment in part only.

• Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged, from all liability in respect of the bond.

• When any person who has furnished security under section 107 or section 108 is convicted of an offence the commission of which constitutes a breach of the condition of his bond, or of a bond executed in lieu of his bond under Section 5l4-B, a certified copy of the judgment of the Court by which he was convicted of such offence may be used as evidence in proceedings under this section against his surety or sureties, and, if such

certified copy is so used, the Court shall presume that such offence was committed by him unless the contrary is proved.

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

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

CHAPTER XLIII

OF THE DISPOSAL OF PROPERTY

provided that, if the property consists of explosives substance, the Court shall not order It to be sold or handed over to any person other than a Government Department or office dealing with, or to an authorised dealer in such substances:

Provided further that if the property is a dangerous drug, intoxicant, intoxicating liquor or any ; other narcotic substance seized or taken into custody under the Dangerous Drugs Act, 1930 (II of 1930), the Customs Act, 1969 (IV of 1969), the Prohibition (Enforcement of Hadd) Order, 1979 (P.O. 4 of 1979), or any other law for the time being in force, the Court

may, either on. an application or of its own motion and under its supervision and control, obtain and prepare such number of samples of the property as it may deem fit for safe custody and production before it or any other Court and cause destruction of the remaining portion of the property under a certificate issued by it in that Behalf:

Provided also that such samples shall be deemed to be Whole of the property in an inquiry or proceeding in relation to such offence before any authority or Court.

.inquiry or a trial in any Criminal Court is concluded, the Court may make such order as it thinks fit for the disposal by destruction, confiscation, or delivery to any person claiming to be entitled to possession thereof or otherwise of any property or document

produced before it or in its custody or regarding whiter any offence appear to have been committed or which has been used for the commission of any offence.

• When a High Court or Court of Sessions makes such order and cannot through its own officers conveniently deliver the property to the person entitled thereto, such Court may direct that the order be carried into effect by the [District Officer (Revenue)]

• When an, order Is made under this section such order shall not. except where the property is livestock or subject to speedy and natural decay, and save as provided by sub- section (4), be carried out for one month, or, when an appeal is presented, until such appeal has been disposed of.

• Nothing in this section shall be deemed to prohibit any Court from delivering any property under the provisions of sub-section (1) to any person claiming to be entitled to the possession thereof, on his executing a bond with or without sureties to the satisfaction of the Court; engaging to restore such property to the Court if the order made under this section is modified or set aside on appeal.

Explanation : In this section the term "property" includes in the case of property regarding which an offence appear to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.

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

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

property, and it is proved that any other person has bought the stolen property from him without knowing, or having reason to believe, that the same was stolen, and that any money has on his arrest been taken out of the possession of the convicted person, the Court may, on the application of such purchaser and on the restitution of the stolen property to the person entitled to the possession thereof order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him.

force or show of force or by criminal intimidation and it appears to the Court that by such cheating forgery, force of Show of force of criminal intimidation any person has been dispossessed of any immovable, property the Court may, if it thinks fit when convicting such person or at any time within one month from the date of the conviction order the person dispossessed] to be restored to the possession of the same, whether such property is in the possession or under the control of the person convicted or of any other person to Whom it may have been transferred for any consideration or Otherwise.

• No such order shall prejudice any right or interest to or in such immovable property which any person may be able to establish in a civil suit.

• An order under this section may be made by any Court of appeal, confirmation, reference or revision.

any movable property, the Court may, if thinks fit, when convicting such person of at any time within the month from the date of the convection, order the person dispossessed or

deprived of the property, where such property can be identified, to be restored to the possession of such property, whether such property is in the possession or under the control of the person convicted or of any other person to whom it may have been transferred for any consideration or otherwise.

• Where the property referred to in sub-section (1) cannot be identified or has been disposed of. by the accused so that it may not be identified, the Court may order such compensation to be paid to the person dispossessed or deprived of such property as it may determine in the circumstances of the

• No order referred to in sub-section (1) or sub-section (2) shall prejudice any right or interest in any movable property which any person may be able to establish in a civil

• The seizure by any police officer of property taken under Section 51, or alleged or suspected to have been stolen, or found under circumstances which create suspicion of the commission of any offence shall be forthwith reported to a Magistrate who shall make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property. .

• Procedure where owner of property seized unknown : If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit. If such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such

[Magistrate of the First Class] empowered by the Provincial Government in this behalf.

• In the case of every order passed under this section, an appeal shall lie to the Court to which appeals against sentences of the Court passing such order would

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

CHAPTER XLIV

OF THE TRANSFER OF CRIMINAL CASES

• that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or

• that Some question of law of unusual difficulty is likely to arise, or

• that a view of. the, place in or near which any offence has been committed may be required for the satisfactory inquiry into a trial of the same, or

• that an order under this section will tend to the general convenience of the parties or witnesses, or

• that such an order is expedient for the ends of justice, or is required by any provision of this Code; it may order

• that any offence be inquired into or tried by any Court not empowered under Sections 177 to 184 (both inclusive) but in other respects competent to inquire into or try such offence;

• that any particular case or appeal; or class of cases or appeals, be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction;

• that any particular case or appeal be transferred to and tried before itself; or

• that an accused person be sent for trial to itself or to a Court of

• When the High Court withdraws for trial before itself any case from any Court, it shall, observe in such trial the same procedure which that Court would have observed if the case had not been so

• The High Court may act either on the report of the Lower Court, or on the application of a party interested, or on its own initiative.

• Every application for the exercise of the power conferred by this section shall be made by motion, which shall except when the applicant is the Advocate-General, be supported by affidavit or affirmation.

• When an accused person makes an application, under this section, the High Court may direct him to execute a bond, with or without sureties, conditioned that he will, if so

ordered, pay any amount which the High Court may under this Section award by way of compensation to the person Opposing the application.

• Notice to Public Prosecutor of application under this section .Every accused person making any such application shall give to the Public Prosecutor notice in writing of the application, together with a copy of grounds on which it is made, and no order shall be made on the merits of the application unless at least twenty-four hours have elapsed between the giving of such notice and the hearing of the

• Nothing in this section shall be deemed to affect any order made under

• Adjournment on application under this section : If in any inquiry under Chapter VIII or any trial, the fact that any party intimates to the Court at any stage that he intends to make an application under this section shall not require the Court to adjourn the case, but the Court shall not pronounce its final judgment or order until the application has been finally disposed of by the High Court and, if the application is accepted by the High Court, the proceedings taken by the Court subsequent to the intimation made to it shall, at the option of the accused be held afresh.

• If, before the argument (if any), for the admission of an appeal begins, or, in the case of an appeal admitted, before the argument for the appellant begins, any party interested intimates to the Court that he intends to make an application under this section, the Court, shall, upon such party executing, if so required, a bond without sureties of an amount not exceeding five hundred rupees that he will make such application within a reasonable time to be fixed by the Court, postpone the appeal of such a period as will afford sufficient time for application to be made and an order to be obtained

Provided that no case or appeal shall be transferred to a High Court or other Court in another Province, without the consent of the Provincial Government of that Province.

Explanation :[Omitted by legal Reforms Act, XXXIII of 1997.

• Any Magistrate may re-call any case made over by him under Section 192, Sub- section (2), to any other Magistrate and may inquire into or try such case

• A Magistrate making an order under this preceding sub-section shall record in writing his reasons for making the

• [Omitted A.O., 1949, Sch.]

CHAPTER XLIV-A

SUPPLEMENTARY PROVISIONS-RELATING TO EUROPEAN AND PAKISTAN BRITISH SUBJECTS AND OTHERS

[Omitted by the Criminal Law    (Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), Schedule].

CHAPTER XLV

 OF IRREGULAR PROCEEDINGS

• to issue a search warrant under Section 98;

• to order, under Section 155, the police to investigate an offence;

• to hold an inquest under Section 176;

• to issue process, under Section 186, for the apprehension of a person within the local limits of his jurisdiction who has committed an offence outside such limits;

• to take cognizance of an offence under Section 190. sub-section (1), clause (a) or clause (6),

• to transfer a case under Section 192;

• to tender a pardon under Section '337 or Section 338;

• to sell property under Section 524 or Section 525; or

• to withdraw a case and try it himself under Section

erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.

• attaches and sells property under Section 88;

• issues a search-warrant for a letter, parcel or other thing in the Post Office, or a telegram in the Telegraph Department;

• demands security to keep the peace;

• demands security for good behaviour;

• discharges a person lawfully bound to be of good behaviour;

• cancels a bond to keep the peace;

• makes an order under Section 133, as to a local nuisance;

• prohibits, under Section 143, the repetition or continuance of a public nuisance;

• issues an order under Section 144;

• makes an order under Chapter XII;

• takes cognizance, under Section 190, sub-section (1), clause (c) of an offence;

• passes a sentence, under Section 349, on proceedings recorded by another Magistrate;

• calls, under Section 435, for proceedings;

• [Omitted];

• revises, under Section 515, an order passed under Section 514;

• tries an offender;

• tries an offender summarily; or

• decides an appeal;

his proceedings shall be void.

• of any error, omission or irregularity in the complaint, report by police officer under Section 173 summon, warrant, charge, proclamations, order, judgment, or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or

• of any error, omission or irregularity in the mode of trial, including any misjoinder of charges, unless, such error omission or irregularity has in fact occasioned a failure of

Explanation : In determining whether any omission or irregularity in any proceeding under this Code has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.

CHAPTER XLVI

MISCELLANEOUS

Court for that purpose, or any Judge, or any Commissioner for taking affidavits in any Court of record in Pakistan.

An affidavit to be used before any Court other than a High Court under the section may be sworn or affirmed in the manner prescribed in Section 539, or before any Magistrate.

Affidavits under this section shall be confined to, and shall state separately, such facts as the deponent is able to prove from his own Knowledge and such facts, as he has reasonable grounds to believe to be true, and in the latter case, the deponent shall clearly state the grounds of such belief.

Proviso : [Omittedty Law Reforms Ordinance, XIl of 1972].

attendance and proceed with such inquiry or trial in his absence, and may at any subsequent stage of the proceedings, direct the personal attendance of such accused.

• Removal to criminal jail of accused or convicted persons who are in confinement in civil jail and their return to the civil jail: If any person liable to be imprisoned or committed to custody under this Code is in confinement in a civil jail, the Court or Magistrate ordering the imprisonment or committal may direct that the person be removed to a criminal jail.

• When a person is removed to a criminal, jail under sub-section (2), he shall, on being released there from be sent back to the civil jail, unless either--

• three years have elapsed since he was removed to the criminal jail, in which case he shall be deemed to have been discharged from the civil jail under Section 58

of the Code of Civil Procedure, 1908, or

• the Court which ordered his imprisonment in the civil jail has certified to the officer incharge of the criminal jail that he is entitled to be discharged under Section 58 of the Code of Civil Procedure, 1908.

destruction of any property is caused, the Court shall, when convicting such person, unless for reasons to be recorded in writing, it otherwise directs, order the person, convicted to pay to the heirs of the person whose death has been caused, or to the person hurt or injured, or to the person to whom mental anguish or psychological damage has been caused, or to the owner of the property damaged, lost or destroyed, as the case may be, such compensation as the Court may determine, having regard to the circumstances of the case.

• The compensation payable under subjection (1) shall be recoverable as an arrears of land revenue and the Court may further order that, in default of payment or of recovery as; aforesaid the person ordered to pay such compensation shall suffer imprisonment for a period not exceeding six months, or if it be a Court of the Magistrate of the Third Class, for a period not exceeding thirty days.

• The compensation payable under sub-section (1) shall be in addition to any sentence with the Court may impose for the offence of which the person directed to pay compensation has been convicted.

• The provisions of sub-sections (2-B), (2-C), (3) and (4) of Section 250 shall as far as may be, apply to payment of compensation under this section.

• An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision.