THE CODE OF CRIMINAL PROCEDURE, 1898 (ACT V OF 1898) CRPC 1898

[Ss. 1-3]

The Code of Criminal Procedure, 1898

1

THE CODE OF
CRIMINAL PROCEDURE, 1898
(ACT V OF 1898)
[22nd March, 1898]
An Act to consolidate and amend the law relating to
the Criminal Procedure
Preamble: Whereas it is expedient to consolidate and amend the law
relating to Criminal Procedure, it is hereby enacted as follows:-Part I
PRELIMINARY
Chapter I
1.
Short title, Commencement.-- (1) This Act may be called the
Code of Criminal Procedure. 1898; and it shall come into force on the first
day of July, 1898.
(2)
It extends to 1[the whole of Pakistan but, in the absence of
any specific provision to the contrary, nothing herein contained shall affect
any special or local law now in force, or any special jurisdiction or power
conferred, or any special form of procedure prescribed, by any other law for
the time being in force.
2.
[Repeal of enactments, notifications etc., under repealed Acts.
Pending cases.] Rep. by the Repealing and Amending Act, 1914 (X of 1914).
3.
Reference to Code of Criminal Procedure and other
repealed enactments.-- (1) In every enactment passed before this Code
comes into force in which reference is made to, or to any Chapter or section
of, the Code of Criminal Procedure, Act XXV of 1861 or Act X or 1872, or Act
X of 1882, or to any other enactment hereby repealed, such reference shall, so
far as may be practicable, be taken to be made to this Code or to its
corresponding Chapter or section.
(2)
Expressions in former Acts. In every enactment passed
before this Code comes into force, the expressions "Officer exercising (or
`having') the powers (or `the full powers') of a Magistrate," "Subordinate
Magistrate first class" and "Subordinate Magistrate, second class", shall
respectively be deemed to mean "Magistrate of the first class", "Magistrate of

1

Subs. By Central Laws (St. Ref.) Ord, 1960.

2

The Code of Criminal Procedure, 1898

[S. 4]

the second class" and "Magistrate of the third class", 1[xxx] and the
expression "joint Sessions Judge" shall mean "Additional Sessions Judge".
4.
Definitions.-- (1) In this Code the following words and
expressions have the following meanings, unless a different intention
appears from the subject or context:--

1

(a)

"Advocate-General." "Advocate-General" includes also a
Government Advocate or, where there is no AdvocateGeneral or Government Advocate, such officer as the
Provincial Government may, from time to time appoint in
this behalf.

(b)

"Bailable offence", Non-bailable offence". "Bailable offence"
means an offence shown as bailable in the Second Schedule,
or which is made bailable by any other law for the time
being in force; and "non-bailable offence" means any other
offence.

(c)

"Charge". "Charge" includes any head of charge when the
charge contains more heads than one.

(d)

[Rep. by Act (XI of 1923), S. 3 and Sched. I]

(e)

[Omitted by Law Reforms Ordinance (XII of 1972), Sched.,
Item]

(f)

"Cognizable offence" "Cognizable case". "cognizable offence"
means an offence for, and "Cognizable case" means a case in,
which a police-officer, may, in accordance with the Second
Schedule or under any law for the time being in force, arrest
without warrant.

(g)

[Rep. by the A.O., 1949]

(h)

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

(i)

[Rep. by Act II of 1950.]

(j)

"High Court". "High Court" means the highest Court of
criminal appeal or revision for a province.

Words "the expression "District Magistrate" omitted by the Code of Criminal Procedure
(Amendment) Ordinance XXXVII of 2001, 13.8.2001.

[S. 4]

The Code of Criminal Procedure, 1898
(k)

"Inquiry". "Inquiry" includes every inquiry other than a trial
conducted under this Code by a Magistrate or Court.

(l)

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

(m)

"Judicial proceeding". "Judicial proceeding" includes any
proceeding in the course of which evidence is or may be
legally taken on oath.

1[(ma)

"Magistrate" means a Judicial Magistrate and includes a
Special Judicial Magistrate appointed under Sections 12 and
14.
"Non-cognizable offence". "Non-cognizable offence" means
an offence for, and "Non-cognizable case" means a case in
which a police-officer, may not arrest without warrant.
"Offence". "Offence" means any act or omission made
punishable by any law for the time being in force; it also
includes any act in respect of which a complaint may be
made under section 20 of the Cattle Trespass Act, 1871.
"Officer incharge of a Police-station". "Officer in charge of a
police-station" includes, when the officer-in-charge of the
police-station is absent from the Police-station-house or
unable from illness or other cause to perform his duties, the
police-officer present of the station house who is next in rank
to such officer and is above the rank of constable or, when
the Provincial Government so directs, any other policeofficer so present.
"Place". "Place" includes also a house, building, tent and
vessel.
"Pleader". "Pleader" used with reference to any proceeding
in any Court means, a pleader 2[for a mukhtar] authorised
under any law3 for the time being in force to practice in such
Court, and includes (1) an advocate, a vakil and an attorney

(n)

(o)

(p)

(q)
(r)

1

2
3

3

Clause (ma) inserted by the Code of Criminal Procedure (Amendment) Ordinance XXXVII
of 2001, 13.8.2001.
Ins. by the Code of Criminal Procedure (Fourth Amendment) Act, 1923 (35 of 1923), S. 2.
See the Legal Practitioners Act, 1846 (1 of 1846); the Legal Practitioners Act, 1853 (20 of
1853); the Legal Practitioners Act, 1897 (18 of 1897); the Legal Practitioners Act, 1884 (9
of 1884); and the Legal Practitioners (Amendment) Act 1908 (1 of 1908).
In Baluchistan, see S. 20(1)(c) of the Sch., to the British Baluchistan Criminal Justice
Regulation, 1896 (8 of 1896); in the N.W.F.P. see L. 9 of the N.W.F.P. Law and Justice
Regulations, 1901 (7 of 1901) and the rules issued under that section in Gazette of India.
1902, Pt. II, p.5.

4

The Code of Criminal Procedure, 1898

(s)

[S. 5]

of a High Court so authorised, and (2) any 1[xxxxx] other
person appointed with the permission of the Court to act in
such proceeding.
"Police-station". "Police-station" means any post or place
declared, generally or specially, by the Provincial
Government to be a police-station, and includes any local
area specified by the Provincial Government in this behalf.

(t)

"Public Prosecutor". "Public Prosecutor" means any person
appointed under section 492, and includes any person acting
under the directions of a Public Prosecutor and any person
conducting a prosecution on behalf of the State in any High
Court in the exercise of its original criminal jurisdiction.

(u)

"Sub-division". "Sub-division" means a sub-division of a
district.

(v) & (w) [Omitted by Law Reforms Ordinance (XII of 1972), Sched.,
Item I].
(2)
Words referring to acts. Words which refer to acts done,
extend also to illegal omission; and
Words to have same meaning as in Pakistan Penal Code. All words
and expressions used herein and defined in the Pakistan Penal Code, and not
hereinbefore defined, shall be deemed to have the meanings respectively
attributed to them by that Code.
5.
Trial of offences under Penal Code.-- (1) All offences, under
the Pakistan Penal Code shall be investigated, enquired into, tried, and
otherwise dealt with according to the provisions hereinafter contained.
(2)
Trial of offences against other laws. All offences, under any
other law shall be investigated, enquired into, tried, and otherwise dealt with
according to the same provisions, but subject to any enactment for the time
being in force regulating the manner or place of investigating, inquiring into,
trying or otherwise dealing with such offences.
*****
1

The words "mukhtar or" rep. by the Code of Criminal Procedure (Fourth Amendment) Act,
1923 (35 of 1923), S. 2.

[Ss. 6-8]

The Code of Criminal Procedure, 1898

5

Part II
CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES
Chapter II
OF THE CONSTITUTION OF CRIMINAL
COURTS AND OFFICES
A.--Classes of Criminal Courts
1[6.

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

Courts of Session:

(ii)

Courts of Magistrates.

2[(2)

There shall be the following classes of Magistrates, namely:-

(i)

Magistrates of the first class;

(ii)

Magistrates of the second class; and

(iii)

Magistrate of the third class.]
B.--Territorial Divisions

7.
Sessions divisions and districts.-- (1) Each Province shall
consist of sessions divisions; and every sessions division shall, for the
purposes of this Code, be a district or consist of districts.
(2)
Power to alter divisions and districts. The Provincial
Government may alter the limits or the number of such divisions and
districts.
(3)
Existing divisions and districts maintained till altered. The
sessions divisions and districts existing when this Code comes into force
shall be sessions divisions and districts respectively, unless and until they are
so altered.
(4)
[Repealed by the Federal Laws (Revision and Declaration) Act
(XXVI of 1951), S. 3 and IInd Sched.].
8.
Power to divide districts into sub-divisions.-- The
Provincial Government may divide any district into sub-divisions, or make
1

2

As amended by Legal Reforms Ord. 1996, Punjab Notification NO. SO(J-II)1-8/75, dated
21.3.1996 for Punjab and No. SRO No. 255(1)/96, dt. 8.4.1996 for Islamabad Capital
Territory. PLD 2002 Cent St. 153.
Sub-section (2) subs. by the Code of Criminal Procedure (Amendment) Ordinance XXXVII
of 2001, 13.8.2001.

6

The Code of Criminal Procedure, 1898

[Ss. 9-12]

any portions of any such district a sub-division and may alter the limits of
any sub-division.
(2)

1[x

x x x x x]
C.--Courts and offices 2[* * *]

9.
Court of Session.-- (1) The [Provincial Government] shall
establish a Court of Session for every sessions division, and appoint a Judge
of such Court.
(2)
The [Provincial Government] may, by general or special
order in the official Gazette, direct at what place or places the Court of
Session shall hold its sitting; but, until such order is made, the Courts of
Session shall hold their sittings as heretofore.
(3)
The [Provincial Government] may also appoint Additional
Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in one
or more such Courts.
(4)
A Sessions Judge of one sessions division may be appointed
by the [Provincial Government] to be also an Additional Sessions Judge of
another division, and in such case he may sit for the disposal of cases at such
place or places in either division as the Provincial Government may direct.
(5)
All Courts of Session existing when this Code comes into
force shall be deemed to have been established under this Act.
10.

3[x

x x x x x x x x]

11.

4[x

x x x x x x x x]

5[Subordinate]
12.
Magistrates.-(1)
The
Provincial
Government may appoint as many persons as it thinks fit 6[x x x x x x] to be
Magistrates of the first, second or third class in any district; and 7[* * *] may,
from time to time, define local areas within which such persons may exercise
all or any of the powers with which they may respectively be invested under
this Code.
1

2
3

4

5
6

7

Sub-section (2) omitted by the Code of Criminal Procedure (Amendment) Ordinance
XXXVII of 2001, 13.8.2001.
Rep. by Act 26 of 1951, S. 3 and II Sch.
Section 10 omitted by the Code of Criminal Procedure (Amendment) Ordinance XXXVII of
2001, 13.8.2001.
Section 11 omitted by the Code of Criminal Procedure (Amendment) Ordinance XXXVII of
2001, 13.8.2001.
Word "Judicial" subs. by Law Reforms Ordi. 1972, item 186
Words "besides the District Magistrate, and the words and comma "the Provincial
Government or the District Magistrate, subject to the Control of the Provincial
Government" omitted by the Law Reforms Ordinance, 1972.
Words "the Provincial Government or the District Magistrate, subject to the control of the
Provincial Government" omitted by Law Reforms Ordinance, 1972.

[Ss. 14-14A]

The Code of Criminal Procedure, 1898

7

(2)
Local limits of their jurisdiction. Except as otherwise
provided by such definition, the jurisdiction and powers of such persons
shall extend throughout such district.
[Province of Baluchistan. The Government of Baluchistan has fixed
the limits of territorial jurisdiction for the Judicial Magistrate appointed in
each Sessions Division to be the No. US(Judi)5(7)/87/674-716, dated the 28th
February, 1994
2.
The Judicial Magistrate(s) appointed in a Session Division
shall have he jurisdiction throughout that Division subject to the powers
conferred upon them under section 12 of the Code of Criminal Procedure,
1898, as amended by the Law Reforms Ordinance, 1972, and further
amended by the Law Reforms (Amdt.) Ord., 1996
3.
Wherever, in any of the Sessions Divisions the number of
Judicial Magistrate is more than one, the Sessions Judge of the Division, shall
distribute the business amongst the judicial Magistrates.]
13.

1[x

x x x x x x x x]

2[14.

Special Judicial Magistrate.-- (1) The Provincial government
may, on the recommendation of the High Court, confer upon any person 3[,
including a former Executive Magistrate] all or any of the powers conferred
or conferrable by or under this Code on a Judicial Magistrate in respect to
particular cases or to a particular class or particular classes of cases, or in
regard to cases generally in any local area.
(2)
Such Magistrates shall be called Special Judicial Magistrates
and shall be appointed for such terms as the provincial Government may, in
consultation with the High Court, by general or special order, direct.
4[(3),

(4) and (5) [x

x]

5[14A. Appointment of Special Magistrates. (1) Notwithstanding
anything contained in this Code or any other law for the time being in force
or any judgment of any Court including superior Courts, the Provincial
Government may appoint Special Magistrates with the powers of a
Magistrate First Class exclusively for the trial of offences relating to price
control under any Provincial law or Federal Law for the time being in force.

1

2
3

4

5

Section 13 omitted by the Code of Criminal Procedure (Amendment) Ordinance XXXVII of
2001, 13.8.2001.
Subs. "Section 14" by Law Reforms Ordinance, 1972.
Words inserted by the Code of Criminal Procedure (Amendment) Ordinance XXXVII of
2001, 13.8.2001.
Sub-sections "(3), (4) and (5)" by the Code of Criminal Procedure (Amendment)
Ordinance XXXVII of 2001, 13.8.2001.
Inst. by the Finance Act (III of 2006), dt. 1.7.2006

8

The Code of Criminal Procedure, 1898

[Ss. 15-17]

(2)
The Provincial Government or any officer authorized by the
Provincial Government in this behalf may from time to time, define local
areas within which such Magistrates may exercise all or any of the powers
with which they may respectively be invested any Provincial law or Federal
law relating to price control.]
15.
Benches of Magistrates.-- (1) The Provincial Government
may direct any two or more 1[Judicial Magistrate] in any place to sit together
as a Bench, and may by order invest such bench with any of the powers
conferred or conferrable by or under this Code on a Magistrate of first,
second or third class, and direct it to exercise such powers in such cases, or,
such classes of cases only, and within such local limits, as the Provincial
Government thinks fit.
(2)
Powers exercisable by Bench in absence of special direction.
Except as otherwise provided by any order under this section, every such
Bench shall have the powers conferred by this Code on a Magistrate of the
highest class to which any one of its members, who is present taking part in
the proceedings as a member of the Bench, belongs, and as far as practicable
shall, for the purposes of this Code, be deemed to be a Magistrate of such
class.
16.
Power to frame rules for guidance of 2[Magistrates and]
Benches. The Provincial Government, may, 3[* * * *] from time to time, make
rules consistent with this Code for the guidance of 4[all Magistrates and]
Magistrates, Benches in any district respecting the following subjects:(a)
(b)
(c)
(d)

the classes of cases to be tried;
the times and places of sitting;
the constitution of the Bench for conducting trials;
the mode of settling differences of opinion which may arise
between the Magistrates in session. 5[;
(e)
the mode and manner of conducting raids and trial on the
spot.]
6[17.
Subordination of 7[xxx] Magistrates and Benches to
Sessions Judge.-- (1) All 8[xxx] Magistrates appointed under sections 12 and

1
2
3

4
5
6
7

8

Subs. for the word "Magistrates" by Law Reforms Ordinance, 1972.
Inst. by the Finance Act (III of 2006), dt. 1.7.2006
words "or, subject to the control of the Provincial Government, the District Magistrate may"
omitted by Law Reforms Ordinance, 1972.
Inst. by the Finance Act (III of 2006), dt. 1.7.2006
Full-stop subs. and clause (e) added by the Finance Act (III of 2006), dt. 1.7.2006
Section 17 subs. by Law Reforms Ordinance, 1972.
Word "Judicial" omitted by the Code of Criminal Procedure (Amendment) Ordinance
XXXVII of 2001, 13.8.2001.
Word "Judicial" omitted by the Code of Criminal Procedure (Amendment) Ordinance
XXXVII of 2001, 13.8.2001.

[Ss. 18-22]

The Code of Criminal Procedure, 1898

9

14, 1[14A] and all Benches constituted under section 15, shall be subordinate
to the Sessions Judge, and he may, from time to time, make rules or give
special orders consistent with this Code and any rules framed by the
Provincial Government under section 16, as to the distribution of business
among such Magistrates and Benches.
2[(2)

[x x x x x x]

(2A)

[x x x x x x x]

(3)
Subordination of Assistant Sessions Judges to Sessions
Judges. All Assistant Sessions Judges shall be subordinate to the Sessions
Judge in whose Court they exercise jurisdiction, and he may, from time to
time, make rules consistent with this Code as to the distribution of business
among such Assistant Sessions Judges.
(4)
The Sessions Judge may, also, when he himself is
unavoidably absent or incapable of acting, make provision for the disposal of
any urgent application by an Additional or Assistant Session Judge 3[* * *]
and such Judge 4[* *] shall have jurisdiction to deal with any such
application.
5[(5)

* * *]
D.--Courts of Presidency Magistrates

18 to 21.-- [Appointment of Presidency Magistrates, Benches, Local
limits of jurisdiction Chief Presidency Magistrate.] Omitted by A.O., 1949,
Sched.
E.--Justices of the Peace
6[22.

Appointment of Justices of the Peace.-- The Provincial
Government may, by notification in the official Gazette, appoint for such
period as may be specified in the notification, and subject to such rules as
may be made by it any person who is a citizen of Pakistan and as to whose
1
2

3

4
5
6

Inst. by the Finance Act (III of 2006), dt. 1.7.2006
Sub-sections (2) and (2A) omitted by the Code of Criminal Procedure (Amendment)
Ordinance XXXVII of 2001, 13.8.2001.
Words "or, if there be no Additional or Assistant Sessions Judge, by the District
Magistrate," omitted by law Reforms Ordinance, 1972.
Words "or Magistrate" omitted by Law Reforms Ordinance, 1972.
Sub-section (5) omitted by Law Reforms Ordinance, 1972.
Subs. by Laws Reforms Ordinance (XII of 1972) by Notification--No. OSD (c)- HOME-I10/81--In exercise of the powers conferred by sub-section (2) of section 1 of the Law
Reforms Ordinance, 1972 (XII of 1972), the Governor of the Punjab is pleased to appoint
the 20th day of December, 1982 to be the day on which the provisions contained in serial
No. 10 of the Schedule to the said Ordinance relating to the substitution of section 22 of
the Code of Criminal Procedure, 1898 (V of 1898) shall come into force throughout the
Province of the Punjab.

10

The Code of Criminal Procedure, 1898

[S. 22A]

integrity and suitability it is satisfied to be a Justice of the Peace for a local
area to be specified in the notification, and more than one Justice of the Peace
may be appointed for the same local area.
22-A. Powers of Justices of the Peace.-- (1) A Justice of the Peace
for any local area shall, for the purposes of making an arrest have within
such area all the powers of a Police Officer referred to in section 54 and an
officer-in-charge of a police-station referred to in section 55.
(2)
A Justice of the Peace making an arrest in exercise of any
powers under sub-section (1) shall, forthwith, take or cause to be taken the
person arrested before the officer-in-charge of the nearest police-station and
furnish such officer with a report as to the circumstances of the arrest and
such officer shall thereupon re-arrest the person.
(3)
A Justice of the Peace for any local area shall have powers,
within such area, to call upon any member of the police force on duty to aid
him-(a)

in taking or preventing the escape of any person who has
participated in the commission of any cognizable offence or
against whom a reasonable complaint has been made or
credible information has been received or a reasonable
suspicion exists of his having so participated; and

(b)

in the prevention of crime in general and, in particular, in
the prevention of a breach of the peace or a disturbance of
the public tranquility.

(4)
Where a member of the police force on duty has been called
upon to render aid under sub-section (3), such call shall be deemed to have
been made by a competent authority.
(5)
A Justice of the Peace for any local area may, in accordance
with such rules as may be made by the Provincial Government,-(a)
(b)
(c)

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

[Ss. 22B-25]

The Code of Criminal Procedure, 1898

11

1[(6)

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

non-registration of a criminal case;

(ii)

transfer of investigation from one police officer to another;
and

(iii)

neglect, failure or excess committed by a police authority in
relation to its functions and duties.]

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

on receipt of information of the occurrence of any incident
involving a breach of the peace, or of the commission of any
offence within such local area, forthwith make inquiries into
the matter and report in writing the result of his inquiries to
the nearest Magistrate and to officer-in-charge of the nearest
police station;

(b)

if the offence referred to in clause (a) is a cognizable offence,
also prevent the removal of anything from, or the
interference in any way with, the place of occurrence of the
offence;

(c)

when so required in writing by a police-officer making an
investigation under Chapter XIV in respect of any offence
committed within such local area-(i)

render all assistance to the police-officer in making
such an investigation;

(ii)

record any statement made under expectation of
death by a person in respect of whom a crime is
believed to have been committed."

23 and 24.-- [Rep. by Act (XII of 1923), S.4]
2[25.

Ex-officio Justice of the Peace.-- By virtue of their respective
offices, the Session Judges and on nomination by them, the Additional
Session Judges, are Justice of the Peace within and for whole of the District of
the Province in which they are serving.]

1

2

Added by the Code of Criminal Procedure (Third Amendment) Ordinance, CXXXI OF 2002
21.11.2002.
Substituted by the Code of Criminal Procedure (Third Amendment) Ordinance, CXXXI of
2002, 21.11.2002.

12

The Code of Criminal Procedure, 1898

[Ss. 26-29]

F.--Suspension and Removal
26 and 27.--[Suspension and removal of Judges and Magistrates.
suspension and removal of Justices of the Peace]. Rep. by A.O., 1937.
Chapter III
POWERS OF COURTS
A.--Description of Offences Cognizable by each Court
28.
Offences under Penal Code. Subject to the other provisions
of this Code any offence under the Pakistan Penal Code may be tried-(a)

by the High Court, or

(b)

by the Court of Session, or

(c)

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

1[x

x x x x x x]
Illustration

A is
by] the Sessions Court on a charge of culpable homicide.
He may be convicted of voluntarily causing hurt, an offence triable by a
Magistrate.
2[tried

3[29.

Offences under other laws.-- (1) Subject to the other
provisions of this Code, any offence under any other law shall, when any
Court is mentioned in this behalf in such law, be tried by such Court.
(2)
When no Court is so mentioned, it may be tried by the High
Court or subject as aforesaid by any Court constituted under this Code by
which such offence is shown in the eighth column of the Second Schedule to
be triable 4[.]
5[x

x x x x x x]

29-A. Trial of European British subject by second and third class
Magistrates. Omitted by Criminal Law (Extinction of Discriminatory
Privileges) Act, 1949 (II of 1950).

1

2
3
4

5

Proviso omitted by the Code of Criminal Procedure (Amendment) Ordinance XXXVII of
2001, 13.8.2001.
Subs. by Law Reforms Ord. (XII of 1972).
Subs. by Law Reforms (Amendment) Ordinance XL of 1996, dated 21st March, 1996.
Subs. for "colon" by the Code of Criminal Procedure (Amendment) Ordinance XXXVII of
2001, 13.8.2001.
Proviso omitted by the Code of Criminal Procedure (Amendment) Ordinance XXXVII of
2001, 13.8.2001.

[Ss. 29B-32]

The Code of Criminal Procedure, 1898

13

1[29-B.

Jurisdiction in the case of juveniles. Any offence, other
than one punishable with death or imprisonment for life, committed by any
person who at the date when he appears is brought before a Court is under
the age of fifteen years, may be tried by any Judicial Magistrate specially
empowered by the Provincial Government to exercise the powers conferred
by section 8, sub-section (1), of the Reformatory Schools Act, 1897, or, any
area in which the said Act is not applicable, any other law providing for the
custody, trial or punishment of youthful offenders, by any Magistrate
empowered by or under such law to exercise all or any of the powers
conferred thereby.]
2[30.

Offence not punishable with death.-- Notwithstanding
anything contained in sections 28 and 29, the Provincial Government may
invest any Magistrate of the first class with power to try as a Magistrate all
offences not punishable with death.]
B.--Sentences Which May Be Passed By Courts Of Various Classes
31.
Sentences which High Court and Sessions Judges may
pass.-- (1) A High Court may pass any sentence authorized by law.
(2)
A Sessions Judge or Additional Sessions Judge may pass any
sentence authorized by law; but any sentence of death passed by any such
Judge shall be subject to confirmation by the High Court.
(3)
An Assistant Sessions Judge may pass any sentence
authorized by law, except a sentence of death or of 3[imprisonment for life]
or of imprisonment for a term exceeding seven years.
5[*

32.
Sentence which 4[Magistrate] may pass.-- (1) The Court of
* *] may pass the following sentences namely:-

(a)

1
2

3
4

5
6

7

8

Courts
of
Magistrates of the
first class;

Imprisonment for a term not exceeding 6[three
years] including such solitary confinement as is
authorized by law;
Fine not exceeding 7[forty-five thousand] rupees;
8
[arsh; damn] Whipping.

Subs. by the Law Reforms Ordinance, 1972.
Section 30 subs. by the Code of Criminal Procedure (Amendment) Ordinance XXXVII of
2001, 13.8.2001.
Subs. the words " transportation for a term exceeding seven years" by Act XXI of 1976
Words "Judicial Magistrate" subs. by Law Reforms Ord., 1972, item. 188, omitted by
Ordinance XL of 1996 item 22.
Omitted for the words "Judicial Magistrate" by Act No. XXIII of 1997, dated 3.7.1997.
Subs. by Law Reforms Ordinance (XII of 1972), and further subs. by Code of Criminal
Procedure (Amendment) Ord., 1982.
Words "fifteen thousand" subs. by the Criminal Law (Amendment) Ordinance (LXXXV OF
2002), 25.10. 2002.
Inserted by Criminal Law (Amendment) Act, II, of 1997, dated 11.4.1997.

14

The Code of Criminal Procedure, 1898

(b)

Courts
of
Magistrates of the
second class:

(c)

Courts
of
Magistrates of the
third class

[Ss. 33-34]

Imprisonment for a term not exceeding one year
including such solitary confinement as is authorized
by law;
Fine not exceeding 1[fifteen thousand] rupees;
Imprisonment for a term not exceeding one month;
Fine not exceeding 2[three thousand] rupees.

(2)
The Court of any Magistrate may pass any lawful sentence,
combining any of the sentences which it is authorized by law to pass.
(3)
Whipping (if specially empowered).--[Rep. by the Whipping
Act (IV of 1909), S. 8 & Sch.].
33.
Power of Magistrates to sentence to imprisonment in
default of fine.-- (1) The Court of any Magistrate may award such terms of
imprisonment in default of payment of fine as is authorized by law in case of
such default:
Provided that-(a)

The term is not in excess of the Magistrate's powers under
this Code;
(b)
in any case decided by a Magistrate where imprisonment
has been awarded as part of the substantive sentence, the
period of imprisonment awarded in default of payment of
the fine shall not exceed one-fourth of the period of
imprisonment which such Magistrate is competent to inflict
as punishment for the offence otherwise than as
imprisonment in default of payment of the fine.
(2)
The imprisonment awarded under this section may be in
addition to a substantive sentence of imprisonment for the maximum term
awardable by the Magistrate under section 32.
34.
Higher powers of certain 3[x x x x x]. The Court of a
Magistrate, specially empowered under section 30, may pass any sentence
authorized by law, except a sentence of death or of 4[* * * *] imprisonment for
for a term exceeding seven years.
1

2

3

4

Words "five thousand" subs. by the Criminal Law (Amendment) Ordinance (LXXXV of
2002), 25.10. 2002.
Words "one thousand" subs. by the Criminal Law (Amendment) Ordinance (LXXXV of
2002), 25.10. 2002.
Word "District Magistrate" omitted by the Code of Criminal Procedure (Amendment)
Ordinance, 2001.
The words "or transportation for a term exceeding seven years or" omitted by Act XXV of
1974.

[Ss. 34A-36]

The Code of Criminal Procedure, 1898

15

34-A. [Omitted by the Criminal Law (Extinction of Discriminatory
Privileges) Act, 1949 (II of 1950), Sched.
35.
Sentence in case of conviction of several offences at one
trial.-- (1) When a person is convicted at one trial of two or more offences,
the Court may, subject to the provisions of section 71 of the Pakistan Penal
Code sentence him, for such offences, to the several punishments prescribed
therefore which such Court is competent to inflict; such punishments, when
consisting of imprisonment 1[* * * * to commence the one after the expiration
of the other in such order as the Court may direct, unless the Court directs
that such punishments shall run concurrently.
(2)
Maximum term of Punishment. In the case of consecutive
sentences, it shall not be necessary for the Court, by reason only of the
aggregate punishment for the several offences being in excess of the
punishment which it is competent to inflict on conviction of a single offence,
to send the offender for trial before a higher Court:Provided as follows:-(a)

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

(b)

if the case is tried by a Magistrate 2[* * *] the aggregate
punishment shall not exceed twice the amount of
punishment which he is, in the exercise of his ordinary
jurisdiction, competent to inflict.

(3)
For the purpose of appeal, 3[the aggregate of consecutive]
sentences passed under this section in case of conviction for several offences
at one trial shall be deemed to be a single sentence.
4[*

* * * * *]
C.--Ordinary and Additional Powers

36.
Ordinary powers of Magistrates. All 5[xxxx] Magistrates
have the powers hereinafter respectively conferred upon them and specified
in the Third Schedule. Such powers are called "their ordinary powers".

1

2

3

4
5

The words "or transportation" omitted by Criminal Procedure (Amendment) Act (25 of
1972), S.4.
Words "(other than a Magistrate acting under section 34)," omitted by Law Reforms
Ordinance, 1972.
Subs. by the Code of Criminal Procedure (Amendment) Act, 1923 (11 of 1923), S.7, for
"aggregate".
The Explanation and Illustration to S. 35 rep., ibid.
Words "Judicial and Executive Magistrates" omitted by Ord. XXXVII of 2001, w.e.f.
14.8.2001.

16

The Code of Criminal Procedure, 1898

[Ss. 37-42]

1[37.

Additional powers conferrable on Magistrates.-- On the
recommendations of the High Court, the Provincial Government may, in
addition to the ordinary powers, invest any Magistrate with any powers
specified in the Fourth Schedule.]
238.

[x

x]

D.--Conferment, Continuance and Cancellation of Powers
39.
Mode of conferring powers.-- (1) In conferring powers
under this Code the Provincial Government may by order empower persons
specially by name or in virtue of their office or classes or officials generally
by their official titles.
(2)
Every such order shall take effect from the date on which it
is communicated to the person so empowered.
40.
Powers of officers appointed. Whenever any person
holding an office in the service of Government who has been invested with
any powers under this Code throughout any local area is appointed to an
equal or higher office of the same nature, within a like local area under the
same Provincial Government, he shall, unless the Provincial Government
otherwise directs, or has otherwise directed, exercise the same powers in the
local area in which he is so appointed.
3[41.

Withdrawal of powers.-- The Provincial Government may,
on the recommendations of the High Court, withdraw all or any powers
conferred by it under this Code on any person or Magistrate.]
Part III
GENERAL PROVISIONS
Chapter IV
OF AID AND INFORMATION TO THE MAGISTRATES, THE POLICE
AND PERSONS MAKING ARRESTS
42.
Public when to assist Magistrates and Police. Every person
is bound to assist a Magistrate 4[, Justice of the Peace] or police-officer
reasonably demanding his aid,-(a)

1

2

3

4

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

Section 37 subs. by the Code of Criminal Procedure (Amendment) Ordinance XXXVII of
2001, 13.8.2001.
Section 38 omitted by the Code of Criminal Procedure (Amendment) Ordinance XXXVII of
2001, 13.8.2001.
Section 41 Subs. by the Code of Criminal Procedure (Amendment) Ordinance XXXVII of
2001, 13.8.2001.
Inserted by Law Reforms Ordinance, 1972.

[Ss. 43-45]
(b)

The Code of Criminal Procedure, 1898

17

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

43.
Aid to person, other than police-officer, executing warrant.
When a warrant is directed to a person other than a police-officer, any other
person may aid in the execution of such warrant, if the person to whom the
warrant is directed be near at hand and acting in the execution of the warrant.
1[44.

Public to give information of certain offences.--(1) Every
person, aware of the commission of, or of the intention of any other person to
commit any offence punishable under any of the following sections of the
Pakistan Penal Code, namely, 121, 121-A, 122, 123, 123-A, 124, 124-A, 125,
126, 130, 143, 144, 145, 147, 148, 153-A, 161, 162, 163, 164, 165, 168, 170, 231,
232, 255, 302, 303, 304, 304-A, 364-A, 382, 392, 393, 394, 395, 396, 397, 398, 399,
402, 435, 436, 449, 450, 456, 457, 458, 459, 460 and 489-A, shall, in the absence
of reasonable excuse, the burden of proving which shall lie upon the person
so aware, forthwith give information to the nearest Magistrate 2[, Justice of
the Peace] or police-officer of such commission or intention].
(2)
For the purposes of this section the term "offence" includes
any act committed at any place out of Pakistan which would constitute an
offence if committed in Pakistan.
45.
Village headman, accountants, land-holders and other
bound to report certain matters.-- (1) Every village headman, village
accountant, village watchman, village police-officer, owner or occupier of
land, and the agent of any such owner or occupier of in charge of the
management of that land, and every officer employed in the collection of
revenue or rent of land on the part of the Government or the Court of wards,
shall forthwith communicate to the nearest Magistrate 3[or Justice of Peace]
or to the officer in charge of the nearest police-station whichever is the
nearer, any information which he may possess respecting--

1
2
3

(a)

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

(b)

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

Subs. by Law Reforms Ord. (XII of 1972).
Inserted by Law Reforms Ordinance, 1972.
Inserted by Law Reforms Ordinance, 1972.

18

1
2

The Code of Criminal Procedure, 1898

[S. 45]

(c)

the commission of, or intention to commit, in or near such
village any non-bailable offence or any offence punishable
under section 143, 144, 145, 147 or 148 of the Pakistan Penal
Code;

(d)

the occurrence in or near such village of any sudden or
unnatural death or of any death under suspicious
circumstances; 1[or the discovery in or near such village of
any corpse or part of a corpse, in circumstances which lead
to a reasonable suspicion that such a death has occurred or
the disappearance from such village of any person in
circumstances which lead to a reasonable suspicion that a
non-bailable offence has been committed in respect of such
person;]

(e)

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

(f)

any matter likely to affect the maintenance of order or the
prevention of crime or the safety of person or property
respecting which 2[any officer authorised by the Provincial
Government], by general or special order made with the
previous sanction of the Provincial Government, has
directed him to communicate information.

(2)

In this section--

(i)

"village" includes village-lands; and

(ii)

the expression "proclaimed offender" includes any person
proclaimed as an offender by any Court or authority
established or continued by the Central Government in any
part of Pakistan, in respect of any act which if committed in
Pakistan, would be punishable under any of the followings
sections of the Pakistan Penal Code, namely, 302, 304, 382,
392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450,
457, 458, 459, 460.

Inst. by Criminal Procedure Code, (Amendment) Act, 1923
Words "District Magistrate" subs. by the Code of Criminal Procedure (Amendment)
Ordinance XXXVII of 2001. dt. 13.8.2001

[Ss. 46-48]

The Code of Criminal Procedure, 1898

19

(3)
Appointment of Village-headman by 1[x x x x x x] in certain
cases for purposes of this section. Subject to rules in this behalf to be made by
the Provincial Government, the 2[District Officer (Revenue) may from time to
time appoint one or more persons with his or their consent to perform the
duties of a village-headman under this section whether a village-headman
has or has not been appointed for that village under any other law.]
Chapter V
OF ARREST, ESCAPE AND RE-TAKING
A.--Arrest Generally
46.
Arrest how made.-- (1) In making an arrest the police-officer
or other person making the same shall actually touch or confine the body of
the person to be arrested, unless there be a submission to the custody by
word or action.
(2)
Resisting endeavour to arrest police-officer. If such person
forcibly resists the endeavour to arrest him, or attempts to evade the arrest,
such police-officer or other person may use all means necessary to effect the
arrest.
(3)
Nothing in this section gives a right to cause the death of a
person who is not accused of an offence punishable with death or with
3[imprisonment for life.]
47.
Search of place entered by person sought to be arrested. If
any person acting under a warrant of arrest, or any police-officer having
authority to arrest, has reason to believe that the person to be arrested has
entered into, or is within, any place, the person residing in, or being in
charge of, such place shall, on demand of such person acting as aforesaid or
such police-officer, allow him free ingress thereto, and afford all reasonable
facilities for a search therein.
48.
Procedure where ingress not obtainable. If ingress to such
place cannot be obtained under section 47 it shall be lawful in any case for a
person acting under a warrant and in any case in which a warrant may issue,
but cannot be obtained without affording the person to be arrested an
opportunity of escape, for a police-officer to enter such place and search
therein, and in order to effect an entrance into such place, to break open any
outer or inner door or window of any house or place, whether that of the
person to be arrested or of any other person, if after notification of his
1

2

3

Words "District Magistrate or Sub-divisional Magistrate" omitted by the Code of Criminal
Procedure (Amendment) Ordinance XXXVII of 2001, 13.8.2001.
"Words "District Magistrate, Sub-divisional Magistrate" subs. by the Code of Criminal
Procedure (Amendment) Ordinance XXXVII of 2001, 13.8.2001.
Subs. by Act XXV of 1974

20

The Code of Criminal Procedure, 1898

[Ss. 49-53]

authority and purpose, and demand of admittance duly made, he cannot
otherwise obtain admittance:
Breaking open zenana. Provided that, if any such place is an apartment
in the actual occupancy of a woman (not being the person to be arrested)
who, according to custom, does not appear in public such person or policeofficer shall, before entering such apartment, give 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.
49.
Power to break open doors and windows for purposes of
liberation. Any police-officer or the person authorized to make an arrest
may break open any outer or inner door or window of any house or place in
order to liberate himself or any other person who, having lawfully entered
for the purpose of making an arrest, is detained therein.
50.
No unnecessary restraint. The personal arrested shall not be
subjected to more restraint than is necessary to prevent his escape.
51.
Search of arrested persons. Whenever a person is arrested
by a police-officer under a warrant which does not provide for the taking of
bail, or under a warrant which provides for the taking of bail but the person
arrested cannot furnish bail, and
whenever a person is arrested without warrant, or by a private
person under a warrant, and cannot legally be admitted to bail, or 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.
52.
Mode of searching woman. Whenever it is necessary to
cause a woman to be searched; the search shall be made by another woman,
with strict regard to decency.
53.
Power to seize offensive weapons. The officer or other
person making any arrest under Code may take from the person arrested any
offensive weapons which he has about his person, and shall deliver all
weapons so taken to the Court or officer before which or whom the officer or
person making the arrest is required by this Code to produce the person
arrested.

[S. 54]

The Code of Criminal Procedure, 1898

21

B.--Arrest without Warrant
54.
When police may arrest without warrant.-- (1) Any policeofficer may, without an order from a Magistrate and without a warrant
arrest--firstly, 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 1[* * *]
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 2[* * *] 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.
1

2

Words "or from any unit of forces of an Acceding State declared under the Extradition Act,
1903, to be a unit desertion from which is an extradition offence" omitted by Ordinance No.
XXVII of 1981.
Words "under the Fugitive Offenders Act, 1881, or" omitted by Ordinance XXVII of 1981

22

The Code of Criminal Procedure, 1898
(2)

[Ss. 55-57]

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

55.
Arrest of vagabonds, habitual robbers, etc.-- (1) Any officerin-charge of a police-station may, in like manner, arrest or cause to be
arrested(a)

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

(b)

any person within the limits of such station who has no
ostensible means of subsistence, or who cannot give
satisfactory account of himself; or

(c)

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

(d)

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

56.
Procedure when police officer deputes subordinate to
arrest without warrant.--(1) When any officer-in-charge of a police-station or
any police-officer making an investigation under Chapter XIV requires any
officer subordinate to him to arrest without a warrant (otherwise than in his
presence) any person who may lawfully be arrested without a warrant, he
shall deliver to the officer required to make the arrest, an order in writing,
specifying the person to be arrested and the offence or other cause for which
the arrest is to be made. The officer so required shall, before making the
arrest, notify to the person to be arrested the substance of the order and, if so
required by such person, shall show him the order.
(2)

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

57.
Refusal to give name and residence.-- (1) When any person
who in the presence of a police-officer has committed or has been accused of
committing a non-cognizable offence refuse, on demand of such officer, to
give his name and residence or gives a name or residence which such officer
has reason to believe to be false, he may be arrested by such officer in order
that his name or residence may be ascertained.
(2)
When the true name and residence of such person have been
ascertained, he shall be released on his executing a bond, with or without
sureties, to appear before a Magistrate 1[having jurisdiction] if so required:

1

Ins. by Law Reforms Ord. 1972.

[Ss. 58-61]

The Code of Criminal Procedure, 1898

23

Provided that, if such person is not resident in Pakistan, the bond
shall be secured by a surety or sureties resident in Pakistan.
(3)
Should the true name and residence of such person be not
ascertained within twenty-four hours from the time of arrest or should he fail
to execute the bond, or, if so required to furnish sufficient sureties, he shall
forthwith be forwarded to the nearest Magistrate having jurisdiction.
58.
Pursuit of offenders into other jurisdiction. A police-officer
may, for the purpose of arresting without warrant any person whom he is
authorized to arrest under this Chapter pursue such person into any place in
Pakistan.
1[Explanation. In this section "police officer includes a police officer
acting under this code as in Azad Jammu & kashimir.]

59.
Arrest by private Persons and Procedure on such arrest.-(1) Any private person may arrest any person who in his view commits a
non-bailable and cognizable offence, or any proclaimed offender, and
without unnecessary delay, shall make over any person so arrested to a
police-officer or, in the absence of a police-officer, take such person or cause
him to be taken in custody to the nearest police-station.
(2)
If there is reason to believe that such person comes under the
provisions of section 54, a police-officer shall re-arrest him.
(3)
If there is reason to believe that he has committed a noncognizable 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 provisions of
section 57. If there is no sufficient reason to believe that he has committed
any offence, he shall be at once released.
60.
Person arrested to be taken before Magistrate or officer-incharge of Police-station. A police-officer making an arrest without warrant
shall, without unnecessary delay and subject to the provisions herein
contained as to bail, take or send the person arrested before a Magistrate
having jurisdiction in the case, or before the officer-in-charge of a policestation.
61.
Persons arrested not to be detained more than twenty-four
hours. No police-officer shall detain in custody a person arrested without
warrant for a longer period that under all the circumstances of the case is
reasonable, and such period shall not, in the absence of a special order of
Magistrate under section 167, exceed twenty-four hours exclusive of the time
necessary for the journey from the place of arrest to the Magistrate's Court.
1

Act No. VIII of 1993; PLJ 1993 Fed. St. 195

24

The Code of Criminal Procedure, 1898

[Ss. 62-67]

62.
Police to report apprehensions. Officers in charge of policestations shall report to the 1[Zila Nazim, District Superintendent of Police
and District Public Safety Commission set up under the Police Act, 1861 (V of
1861)] the cases of all persons arrested without warrant, within the limits of
their respective stations, whether such persons have been admitted to bail or
otherwise [:]
2[Provided

that in the application of this section 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 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 aforesaid proviso shall cease to have effect,
and shall be deemed to have been repealed, at the time when local
Government are installed in the districts as aforesaid.]
Baluchistan Amdt. For the words "District Superintendent of Police"
the words "District Administrative Officer" subs. by Baluchistan Ord., XXXII
of 2001.
63.
Discharge of person apprehended. No person who has been
arrested by a police-officer shall be discharged except on his own bond, or on
bail, or under the special order of a Magistrate.
64.
Offence committed in Magistrate's presence. When any
offence is committed in the presence of a Magistrate within the local limits of
his jurisdiction, he may himself arrest or order any person to arrest the
offender, and may thereupon, subject to the provisions herein contained as to
bail commit the offender to custody.
65.
Arrest by or in presence of Magistrate. Any Magistrate may
at any time arrest or direct the arrest, in his presence, within the local limits
of his jurisdiction, of any person, for whose arrest he is competent at the time
and in the circumstances to issue a warrant.
66.
Powers, on escape, to pursue and retake. If a person in
lawful custody escapes or is rescued, the person from whose custody he
escaped or was rescued may immediately pursue and arrest him in any place
in Pakistan.
67.
Provisions of sections 47, 48 and 49 to apply to arrest under
section 66. The provisions of sections 47, 48 and 49 shall apply to arrest
1

2

Words "District Magistrate, or, if he so directs, to the Sub-Divisional Magistrate" by the
Code of Criminal Procedure (Amendment) Ordinance XXXVII of 2001, 13.8.2001.
Added by the Code of Criminal Procedure (Second Amendment) Ordinance XLIII of 2001,
dated 29th August, 2001.

[Ss. 68-70]

The Code of Criminal Procedure, 1898

25

under section 66, although the person making any such arrest is not acting
under a warrant and is not a police-officer having authority to arrest.
Chapter VI
OF PROCESSES TO COMPEL APPEARANCE
A. Summons
68.
Form of summons.-- (1) Every summons issued by a Court
under this Code shall be in writing in duplicate, signed and sealed by the
presiding officer of such Court, or by such other officer as the High Court
may, from time to time, by rule, direct.
(2)
Summons by whom served. Such summons shall be served
by a police-officer, or subject to such rules as the 1[Provincial Government]
may prescribe in this behalf by an officer of the Court issuing it or other
public servant:
2[Provided

that the Court may, at the request of the complainant or
the accused, allow him to serve the summons on his own witnesses.]
69.
Summons how served.-- (1) The Summons shall, if
practicable, be served personally on the person summoned, by delivering or
tendering to him one of the duplicates of the summons.
(2)
Signature of receipts for summons. Every person on whom
a summons is so served shall 3[* * *] sign a receipt therefor on the back of the
other duplicate.
(3)
Signature of receipt for summons. Service of a summons on
an incorporated company or other body corporate may be effected by
serving it on the secretary, local manager or other principal officer of the
corporation or by registered post letter addressed to the chief officer of the
corporation in 4[Pakistan]. In such case the service shall be deemed to have
been effected when the letter would arrive in ordinary course of post.
70.
Service when person summoned cannot be found. Where
the person summoned cannot by the exercise of due diligence be found, the
summons may be served by leaving one of the duplicates for him with some
adult male member of his family, and the person with whom the summons is
so left shall, 5[* * *] sign a receipt therefor on the back of the other duplicate.

1
2
3
4

5

Subs. by A. O., 1937, "L.G".
Proviso added by Law Reforms Ordinance., 1972.
Words "if so required by the serving officer" omitted by Law Reforms Ord., 1972.
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), S. 3 and 2nd
Sch. (with effect from the 14th October, 1955), for "the Provinces and the Capital of the
Federation", which had been subs. by A.O., 1949, Arts. 3 (2) and 4, for "British India".
Words "if so required by the serving officer," omitted by Law Reforms Ordinance, 1972.

26

The Code of Criminal Procedure, 1898

[Ss. 71-75]

71.
Procedure when service cannot be effected as before
provided. If service in the manner mentioned in sections 69 and 70 cannot by
the exercise of due diligence be effected, the serving officer shall affix one of
the duplicates of the summons to some conspicuous part of the house or
homestead in which the person summoned ordinarily resides; and
thereupon the summons shall be deemed to have been duly served.
1[Service on servant of State, statutory body or Company.]-72.
(1) Where the person summoned is in the active service of the State or of
2[statutory body] or a company] the Court issuing the summons shall
ordinarily send it in duplicate to the head on the office in which such person
is employed, and such head shall thereupon cause the summons to be served
in manner provided by section 69, and shall return it to the Court under his
signature with the endorsement required by that section.

(2)

Such signature shall be evidence of due service.

73.
Service of summons outside local limits. When a Court
desires that a summons issued by it shall be served at any place outside the
local limits of its jurisdiction, it shall ordinarily send such summons in
duplicate to a Magistrate within the local limits of whose jurisdiction the
person summoned resides or is, to be there served.
74.
Proof of service in such cases and when serving 3[person]
not present.-- (1) When a summon issued by a Court is served outside the
local limits of its jurisdiction, and in any case where the officer who has
served a summons is not present at the hearing of the case, an affidavit,
purporting to be made before a Magistrate, that such summons has been
served, and a duplicate of the summons purporting to be endorsed (in
manner provided by section 69 or section 70) by the person to whom it was
delivered or tendered or with whom it was left, shall be admissible in
evidence, and the statements made therein shall be deemed to be correct
unless and until the contrary is proved.
(2)
The affidavit mentioned in this section may be attached to
the duplicate of the summons and returned to the Court.
B.--Warrant of Arrest
75.
Form of warrant of arrest.-- (1) Every warrant of arrest
issued by a Court under this Code shall be in writing, signed by the
presiding officer, or in the case of a Bench of Magistrates, by any member of
such Bench; and shall bear the seal of the Court.

1
2
3

Subs. by Ordinance XII of 1972.
Subs. the words "Railway Company," by Law Reforms Ordinance, 1972.
Subs. the word "officer" by Law Reforms Ordinance, 1972.

[Ss. 76-78]

The Code of Criminal Procedure, 1898

27

(2)
Continuance of warrant of arrest. Every such warrant shall
remain in force until it is cancelled by the Court which issued it, or until it is
executed.
76.
Court may direct security to be taken.-- (1) Any Court
issuing a warrant for the arrest of any person may in its discretion direct by
endorsement on the warrant that, if such person executes a bond with
sufficient sureties for his attendance before the Court at a specified time and
thereafter until otherwise directed by the Court, the officer to whom the
warrant is directed shall take such security and shall release such person
from custody.
(2)

The endorsement shall state--

(a)

the number of sureties;

(b)

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

(c)

the time at which he is to attend before the Court.

(3)
Recognizance to be forwarded. Whenever security is taken
under this section the officer to whom the warrant is directed shall forward
the bond to the Court.
77.
Warrants to whom directed.-- (1) A warrant of arrest shall
ordinarily be directed to one or more police-officers, but any Court issuing
such a warrant may, if its immediate execution is necessary and no policeofficer is immediately available, direct it to any other person or persons; and
such person or persons shall execute the same.
(2)
Warrants to several persons. When a warrant is directed to
more officers or persons than one, it may be executed by all, or by any one or
more, of them.
78.

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

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

1

Word "District Magistrate or Sub-divisional" subs. by the Code of Criminal Procedure
(Amdt.) Ordinance XXXVII of 2001.

28

The Code of Criminal Procedure, 1898

[Ss. 79-84]

(3)
When the person against whom such warrant is issued is
arrested, he shall be made over with the warrant to the nearest police-officer,
who shall cause him to be taken before a Magistrate having jurisdiction in
the case, unless security is taken under section 76.
79.
Warrant directed to police-officer. A warrant directed to
any police-officer may also be executed by any other police-officer whose
name is endorsed upon the warrant by the officer to whom it is directed or
endorsed.
80.
Notification of substance of warrant. The police-officer or
other person executing a warrant of arrest shall notify the substance thereof
to the person to be arrested, and, if so required, shall show him the warrant.
81.
Person arrested to be brought before Court without delay.
The police-officer or other person executing a warrant of arrest shall (subject
to the provision of section 76 as to security) without unnecessary delay bring
the person arrested before the Court before which he is required by law to
produce such person.
82.
Where warrant may be executed. A warrant of arrest may
be executed at any place in Pakistan.
1[Explanation.

In this Section, "Warrant of arrest" includes a warrant
of a arrest issued under this Code as enforced in Azad Jammu & Kashmir.]
83.
Where forwarded for execution outside/ jurisdiction.-- (1)
When a warrant is to be executed outside the local limits of the jurisdiction of
the Court issuing the same, such Court may, instead of directing such
warrant to a police-officer, forward the same by post or otherwise to any
Magistrate or District Superintendent of Police within the local limits of
whose jurisdiction it is to be executed.
(2)
The Magistrate or District Superintendent to whom such
warrant is so forwarded shall endorse his name thereon and, if practicable,
cause it to be executed in manner hereinbefore provided within the local
limits of his jurisdiction.
84.
Warrant directed to Police-officer for execution outside
jurisdiction.-- (1) When a warrant directed to a police-officer is to be
executed beyond the local limits of 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.

1

Added by Act VIII of 1993; PLJ 1993 Fed. St. 195.

[Ss. 85-86]

The Code of Criminal Procedure, 1898

29

(2)
Such Magistrate or police-officer shall endorse his name
thereon and such endorsement shall be sufficient authority to the policeofficer to whom the warrant is directed to execute the same within such
limits, and the local police shall, if so required, assist such officer in
executing such warrant.
(3)
Whenever there is reason to believe that the delay
occasioned by obtaining the endorsement of the Magistrate or police-officer
within the local limits of whose jurisdiction the warrant is to be executed,
will prevent such execution, the police-officer to whom it is directed may
execute the same without such endorsement in any place beyond the local
limits of the jurisdiction of the Court which issued it.
(4)

[Omitted by A.O., 1949].

85.
Procedure on arrest of person against whom warrant
issued. When a warrant of arrest is executed outside the district in which it
was issued, the person arrested shall, unless the Court which issued the
warrant is within twenty miles of the place of arrest or is nearer than the
Magistrate or District Superintendent of Police within the local limits of
whose jurisdiction the arrest was made, or unless security is taken under
section 76, be taken before such Magistrate or District Superintendent.
86.
Procedure by Magistrate before whom person arrested is
brought.-- (1) Such Magistrate or District Superintendent shall, if the person
arrested appears to be the person intended by the Court which issued the
warrant, direct his removal in custody to such Court :
Provided that, if the offence is bailable, and such person is ready and
willing to give bail to the satisfaction of such Magistrate, or District
Superintendent or a direction has been endorsed under section 76 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 1[:]
2[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].

1
2

Colon subs. for full-stop by Law Reforms Ordinance, 1972.
Further Proviso added by Law Reforms Ord., 1972.

30

The Code of Criminal Procedure, 1898

[Ss. 86A-87]

(2)
Nothing in this section shall be deemed to prevent a policeofficer from taking security under section 76.
1[86-A.

Procedure for removal in custody to Tribal Areas. Where a
person arrested under section 85 is to be removed in custody to any place in
the Tribal Areas, he shall be produced before a 2[* * *] Magistrate within the
local limits of whose jurisdiction the arrest was made, and such Magistrate in
directing the removal shall hear the case in the same manner and have the
same jurisdiction and powers, as nearly as may be, including the powers to
order the production of evidence, as if the person arrested were charged with
an offence committed within the jurisdiction of such Magistrate; and such
Magistrate shall direct the removal of the arrested person in custody if he is
satisfied that the evidence produced before him raises a strong or probable
presumption that the person arrested committed the offence mentioned in
the warrant].
C.--Proclamation and Attachment
87.
Proclamation for person absconding.-- (1) If any Court 3[is
satisfied after taking evidence] that any person against whom a warrant has
been issued by it has absconded or is concealing himself so that such warrant
cannot be executed, such Court may publish a written proclamation
requiring him to appear at a specified place and at a specified time not less
than thirty days from the date of publishing such proclamation.
(2)

The proclamation shall be published as follows:-

(a)

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

(b)

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

(c)

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

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

1
2
3

S. 86-A subs. by Pak. Ordinance XXIV of 1975.
Omitted the word "Judicial" by Actg XXIII of 1997, dated 3.7.1997.
Subs. the words and brackets "has reason to believe (whether after taking evidence or
not)" by Law Reforms Ord., 1972.

[S. 88]

The Code of Criminal Procedure, 1898

31

88.
Attachment of property of person absconding. (1) The
Court issuing a proclamation under section 87 may at any time order the
attachment of any property, movable or immovable or both, belonging to the
proclaimed person.
(2)
Such order shall authorize the attachment of any property
belonging to such person within the district in which it is made; and it shall
authorize the attachment of any property belonging to such person without
such district when endorsed by the 1[Sessions Judge] within whose district
such property is situated.
(3)
If the property ordered to be attached is a debt or other
movable property, the attachment under this section shall be made-(a)
(b)
(c)

(d)

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

(4)
If the property ordered to be attached is immovable, the
attachment under this section shall, in the case of land paying revenue to the
Provincial Government, be made through the 2[District Officer (Revenue)] in
which the land is situated, and in all other cases-(e)
(f)
(g)

(h)

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 fit.

(5)
If the property ordered to be attached consists of livestock or
is of a perishable nature, the Court may, if it thinks it expedient, order
immediate sale thereof, and in such case the proceeds of the sale shall abide
the order of the Court.
(6)
The powers, duties and liabilities of a receiver appointed
under this section shall be the same as those of a receiver appointed under
3[Order XL of the Code of Civil Procedure, 1908].
1

2

3

Words "District Magistrate" subs. by the Code of Criminal Procedure (Amendment)
Ordinance XXXVII of 2001.
Words "Collector of the district" subs. by the Code of Criminal Procedure (Amendment)
Ordinance XXXVII of 2001.
Subs. the words and figures "Chapter XXXVI of Code of Civil Procedure" by Law Reforms
Ordinance XII of 1972.

32

The Code of Criminal Procedure, 1898

[S. 88]

1(6-A)

If any claim is preferred to, or objection made to the
attachment of, any property attached under this section within six months
from the date of such attachment, by any person other than the proclaimed
person, on the ground that the claimant or objector has an interest in such
property, and that such interest is not liable to attachment under this section,
the claim or objection shall be inquired into, and may be allowed or
disallowed in whole or in part:
Provided that any claim preferred or objection made within the
period allowed by this sub-section may, in the event of the death of the
claimant or objector, be continued by his legal representative.
(6-B) Claims or objections under sub-section (6-A) may be
preferred or made in the Court by which the order of attachment is issued or,
if the claim or objection is in respect of property attached under an order
endorsed by a 2[Sessions Judge] in accordance with the provisions of subsection (2) in the Court of such Magistrate.
(6-C) Every such claim or objection shall be inquired into by the
Court 3[or Magistrate] in which it is preferred or made 4[.]
5[x

x x x x x x]

(6-D) Any person whose claim or objection has been disallowed in
whole or in part by an order under sub-section (6-A) may within a period of
one year from the date of such order, institute a suit to establish the right
which he claims in respect of the property in dispute; but subject to the result
of such suit, if any, the order shall be conclusive.
(6-E) If the proclaimed person appears within the time specified in
the proclamation, the Court shall make an order releasing the property from
the attachment.
(7)
If the proclaimed person does not appear within the time
specified in the proclamation, the property under attachment shall be at the
disposal of the Provincial Government but it shall not be sold until the
expiration of six months from the date of the attachment and until any claim
preferred or objection made under sub-section (6-A) has been disposed of
under that sub-section, unless it is subject to speedy and natural decay, or the
1
2

3

4

5

Sub-sections. (6-A) to (6-E) inserted by Code of Cr.P.C (Amdt.) Act, 1923 S. 13.
Words "District Magistrate" subs. by the Code of Criminal Procedure (Amendment)
Ordinance XXXVII of 2001.
Words inserted by the Code of Criminal Procedure (Amendment) Ordinance XXXVII of
2001, 13.8.2001.
Subs. for colon by the Code of Criminal Procedure (Amendment) Ordinance XXXVII of
2001, 13.8.2001.
Proviso omitted by the Code of Criminal Procedure (Amendment) Ordinance XXXVII of
2001, 13.8.2001.

[Ss. 89-92]

The Code of Criminal Procedure, 1898

33

Court considers that the sale would be for the benefit of the owner, in either
of which cases the Court may cause it to be sold whenever it thinks fit.
89.
Restoration of attached property. If, within two years from
the date of the attachment, any person whose property is or has been at the
disposal of the Provincial Government under sub-section (7) of section 88,
appears voluntarily or is apprehended and brought before the Court by
whose order the property was attached, or the Court to which such Court is
subordinate, and proves to the satisfaction of such Court that he did not
abscond or conceal himself for the purpose of avoiding execution of the
warrant, and that he has not such notice of the proclamation as to enable him
attend within the time specified therein, such property, or if the same has
been sold, the net proceeds of the sale, or, if part only thereof has been sold,
the net proceeds of the sale and the residue of the property, shall, after
satisfying there out all costs incurred in consequence of the attachment, be
delivered to him.
D.--Other Rules regarding Processes
90.
Issue of warrant in lieu of, or in addition to, summons.--A
Court may, in any case in which it is empowered by this Code to issue a
summons for the appearance of any person 1[* * * ] issue, after recording its
reasons in writing, a warrant for his arrest-(a)

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

(b)

if 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.

91.
Power to take bond for appearance. When any person for
whose appearance or arrest the officer presiding in any Court is empowered
to issue a summons or warrant, is present in such Court, such officer may
require such person to execute a bond, with or without sureties, for his
appearance in such Court.
92.
Arrest by breach of bond for appearance. When any person
who is bound by any bond taken under this Code to appear before a Court
does not so appear, the officer presiding in such Court may issue a warrant
directing that such person be arrested and produced before him.

1

Words "other than a juror or assessor," omitted by Law Reforms Ordinance, XII of 1972.

34

The Code of Criminal Procedure, 1898

[Ss. 93-93C]

93.
Provisions of the this Chapter generally applicable to
summons and warrants of arrest. The provisions contained in this Chapter
relating to a summons and warrant, and their issue, service and execution,
shall, so far as may be, apply to every summons and every warrant of arrest
issued under this Code.
1[E.--

Special rules regarding processes issued for service or execution
outside Pakistan and processes received from outside 2[Pakistan] for
service or execution within 3[Pakistan]

93-A. Sending of summons for service outside Pakistan.-- (1)
Where a Court in Pakistan desires that a summon issued by it to an accused
person shall be served at any place outside Pakistan within the local limits of
the jurisdiction of a Court established or continued by the authority of the
Central Government in exercise of its foreign jurisdiction it shall send such
summons, in duplicate, by post or otherwise, to the presiding officer of that
Court to be served.
(2)
The provisions of section 74 shall apply in the case of a
summons sent for service under this section as if the presiding officer of that
Court to whom it was sent were a Magistrate in Pakistan.
93-B. Sending of warrants for execution outside Pakistan.-Notwithstanding anything contained in section 82, where a Court in Pakistan
desires that a warrant issued by it for the arrest of an accused person shall be
executed at any place outside Pakistan within the local limits of the
jurisdiction of a Court established or continued by the authority of the
Central 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.
4[93-C.

Service and execution in Pakistan of process, received from
outside Pakistan.-- (1) Where a Court has received for service or execution a
summons to, or a warrant for the arrest of, an accused person issued by a
Court established or continued by the authority of the Central Government
in exercise of its foreign jurisdiction, outside Pakistan it shall cause the same
to be served or executed as if it were a summons or warrant received by it
from a Court in Pakistan for service or execution within the local limits of its
jurisdiction.
(2)
Where any warrant of arrest has been so executed the person
arrested shall so far as possible be dealt with in accordance with the
procedure prescribed by sections 85 and 86.
1
2
3
4

Heading E and sections 93-A to 93-C ins. by Act 14 of 1941, S. 2.
Subs. by Ord., 21 of 1960, S. 3 & Sch. (w.e.f. 14.10.1955).
Subs. by Ord., 21 of 1960, S. 3 & Sch. (w.e.f. 14.10.1955).
Subs. by A.O. 1961, Art. 2.

[S. 94]

The Code of Criminal Procedure, 1898

35

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
94.
Summons to produce document or other thing. (1)
Whenever any Court, or, any officer-in-charge of a police-station considers
that the production of any document or other thing is necessary or desirable
for the purposes of any investigation, inquiry, trial or other proceeding
under this Code by or before such Court or officer, such Court may issue a
summons, or such officer a written order, to the person in whose possession
or power such document, or thing is believed to be, requiring him to attend
and produce it, or to produce it, at the time and place stated in the summons
or order:
1[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 Bankers' Books Evidence Act, 1891 (XVII of
1891), and relates, or might disclose any information which relates, to the
bank account of any person except.
(a)

for the purpose of investigating an offence under sections
403, 406, 408 and 409 and section 421 to 424 (both inclusive)
and sections 465 to 477-A (both inclusive) of the Pakistan
Penal Code, with prior permission in writing of a Sessions
Judge; and
(b)
in other cases, with the prior permission in writing of the
High Court.
Punjab Amdt. 2[Provided that no 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 Books Evidence Act,
1891 (XVIII of 1891) and relates or might disclose any information which
relates, to bank account of any person except with the prior permission in
writing of the High Court or the Sessions Judge within whose jurisdiction
such bank or banker, as the case may be, is situated or carries on business.]3
(2)
Any person required under this section merely to produce a
document or other thing shall be deemed to have complied with the
requisition if he causes such document or thing to be produced instead of
attending personally to produce the same.
1

2
3

Added by Code of Criminal Procedure (Amendment) Act (III of 1968), S.2. For Punjab
Amendment See Code of Criminal Procedure (Punjab Amendment) Ord. (X of 1972).
Subs. by Pb. Amendment Ordi. X of 1972 PLD Pb. St. 166.
Subs. by Punjab Amdt. Ord. X of 1972.

36

The Code of Criminal Procedure, 1898

[Ss. 95-97]

(3)
Nothing in this section shall be deemed to affect the
Evidence Act, 1872,1 sections 123 and 124, or to apply to a letter, postcard,
telegram or other document or any parcel or thing in the custody of the
Postal or Telegraph authorities.
95.
Procedure as to letters and telegrams.-- (1) If any document,
parcel or thing in such custody is, in the opinion of any 2[x x x x x]
Magistrate, High Court or Court of Sessions wanted for the purpose of any
investigation, inquiry, trial or other proceeding under this Code, such
Magistrate or Court may require the Postal or Telegraph authorities as the
case may be, to deliver such document, parcel or thing to such person as
such Magistrate or Court directs.
(2)
If any such document, parcel or thing is, in the opinion of
any other Magistrate, or District Superintendent of Police, wanted for any
such purpose he may require the Postal or Telegraph Department, as the case
may be, to cause search to be made for and to detain such document, parcel
or thing pending the orders of any such 3[x x x x x x x] Court.
B.--Search-Warrants
96.
When search warrant may be issued.--(1) Where any Court
has reason to believe that a person to whom a summon or order under
section 94 or a requisition under section 95, sub-section (1), has been or might
be addressed, will not or would not produce the document or thing as
required by such summons or requisition,
or where such document or thing is not known to the Court to be in
the possession of any person,
or where the Court considers that the purposes of any inquiry, trial
or other proceedings under this Code will be served by a general search or
inspection,
it may issue a search-warrant; and the person to whom such warrant
is directed, may search or inspect in accordance therewith and the provisions
hereinafter contained.
4[x x x x x x]
97.
Power of restrict warrant. The Court may, if it thinks fit,
specify in the warrant the particular place or part thereof to which only the
1
2

3

4

Now Qanun-e-Shahadat Order, 6 & 7.
Word "District" omitted by the Code of Criminal Procedure (Amendment) Ordinance
XXXVII of 2001, 13.8.2001.
Words "District Magistrate or" omitted by the Code of Criminal Procedure (Amendment)
Ordinance XXXVII of 2001, dt. 13.8.2001.
Sub-section (2) omitted by the Code of Criminal Procedure (Amendment) Ordinance
XXXVII of 2001, 13.8.2001.

[S. 98]

The Code of Criminal Procedure, 1898

37

search or inspection shall extend; and the person charged with the execution
of such warrant shall then search or inspect only the place or part so
specified.
98.
Search of house suspected to contain stolen property,
forged documents, etc.-- (1) If a 1[xxx], 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, 2[bank notes, currency notes or coins or
instruments or materials for counterfeiting coin stamps 3[bank notes or
currency notes] for forging.
or that any forged documents, false seals or counterfeit stamps
notes, currency notes] or coins, or instruments or materials for
counterfeiting coins or stamps or 5[bank notes, currency notes] for forging,
are kept or deposited in any place,
4[bank

or 6[* * *] for the deposit, sale, manufacture or production of any
obscene object such as is referred to in section 292 of the Pakistan Penal Code
or that any such obscene objects are kept or deposited in any place;
he may by his warrant authorize any police-officer above the rank of
a constable-(a)

to enter, with such assistance as may be required, such place,
and

(b)

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

(c)

to take possession of any property, document, seals, stamps
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 materials or of any such obscene objects as aforesaid,
and
7[bank

(d)

1

2
3
4
5
6
7
8

to convey such property, documents, seals, stamps, 8[bank
notes, currency notes] coins, instruments or materials or
such obscene objects before a Magistrate, or to guard the

Words "District Magistrate, Sub-divisional Magistrate or" omitted by the Code of Criminal
Procedure (Amendment) Ordinance XXXVII of 2001, 13.8.2001.
Subs. by Act XXI of 1976
Subs. by Act XXI of 1976
Subs. by Act XXI of 1976
Subs. by Act XXI of 1976
Omitted by Law Reforms ord. (XII of 1972).
Subs. by Act XXI of 1976
Inst. by Act XXI of 1976

38

The Code of Criminal Procedure, 1898

[S. 99]

same on the spot until the offender is taken before a
Magistrate or otherwise to dispose thereof in some place of
safety, and
(e)

to take into custody and carry before a Magistrate every
person found in such place who appears to have been privy
to the deposit, sale or manufacture or keeping of any such
property, documents, seals, stamps 1[bank notes, currency
notes] coins instruments or materials 2[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, 3[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 4[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
exhibits circulated, imported or exported,

(2)

The provisions of this section with respect to--

(a)

counterfeit coin,

(b)

coin suspected to be counterfeit, and

(c)

instruments or materials for counterfeiting coin,

shall so far as they can be made applicable, apply respectively to-(a)

pieces of metal made in contravention of the Metal Tokens
Act, 1889, or brought into Pakistan in contravention of any
notification for the time being in force under 5[Section 16 of
the Customs Act, 1969].

(b)

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

(c)

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

99.
Disposal of things found in search to such Court. When, in
the execution of a search-warrant at any place beyond the local limits of the
jurisdiction of the Court which issued the same, any of the things for which
1
2
3
4
5

Subs. by Act XXI of 1976
Inst. By Obscene Publications Act, 1925, S. 3.
Subs. by Act XXI of 1976
Subs. by Act XXI of 1976
Subs. the words, figures and comma "section 19 of the Sea Customs Act, 1878" by
Ordinance XXVI of 1975.

[Ss. 99A-99B]

The Code of Criminal Procedure, 1898

39

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 therein 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 be taken to such Court.
99-A. Power to declare certain publication forfeited and to issue
search-warrants for the same.-- (1) Where:(a)

any newspaper, or book as defined in the 1[West Pakistan
Press and Publications Ordinance, 1963, or any other law
relating to press and publication for the time being in force],
or

(b)

any document,

wherever printed, appears to the Provincial Government to contain
any treasonable or, seditious matter or any matter which is prejudicial to
national integration or any matter which promotes or is intended to promote
feelings of enmity or hatred between different classes of the citizens of
Pakistan or which is by deliberately and maliciously intended to outrage the
religious feelings of any such class insulting the religion or religious beliefs
of that class, or any matter of the nature referred to in clause (jj) of subsection (1) of section 24 of the West Pakistan Press & Publications 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 matter, and every copy of such book or other document to
be forfeited to Government and thereupon any police-officer may seize the
same wherever found in Pakistan and any Magistrate may by warrant
authorize any police-officer not below the rank of Sub-Inspector to enter
upon and search for the same in any premises where any copy of such issue
or any such book or other document may be reasonably suspected to be.
(2)
In sub-section (1) "document" includes also any painting,
drawing or photograph, or other visible representation.
99-B. Application to High Court to set aside order of forfeiture.-Any person having any interest in any newspaper, book or other
document, in respect of which an order of forfeiture has been made under
2[(1)

1
2

Subs. by Ordinance XXI of 1976
Section 99-B, renumbered as sub-section (1) by Ordinance XII of 1972.

40

The Code of Criminal Procedure, 1898

[Ss. 99C-99G]

section 99-A 1[or any other law for the time being in force] may, within two
months from the date of such order, apply to the High Court to set aside
such order on the ground that the issue of the newspaper, or the book or
other document in respect of which the order was made, did not contain any
treasonable or seditious or other matter of such a nature as is referred to in
sub-section (1) of section 99-A.
2[(2)

Nothing in sub-section (1) shall apply to a case where the
order of forfeiture has been made
(a)

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

(b)

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

99-C.

[Omitted by Law Reforms Ordinance (XII of 1972)].

99-D. Order of 3[High Court] setting aside forfeiture.-- (1) On
receipt of the application, the 4[High Court] shall, if it is not satisfied that the
issue of the newspaper, or the book or other document, in respect of which
the application has been made, contained treasonable or seditious or other
matter of such a nature as is referred to in sub-section (1) of section 99-A set
aside the order of forfeiture.
5[*

* * * * *]

99-E. Evidence to prove nature or tenancy of newspapers. On the
hearing of any such application with reference to any newspaper, any copy
of such newspaper may be given in evidence in aid of the proof of the nature
or tendency of the words, signs or visible representations contained in such
newspaper, in respect of which the order of forfeiture was made.
99-F. Procedure in High Court. Every High Court shall as soon as
conveniently may be, frame rules to regulate the procedure in the case of
such application, the amount of the costs thereof and the execution of orders
passed thereon, and until such rules are framed, the practices 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.
1
2
3
4
5

Ins. ibid.
Added ibid.
Subs. by Law Reforms Ord. 1972.
Subs. by Law Reforms Ord. 1972.
Omitted by Law Reforms Ord., 1972.

[Ss. 100-103]

The Code of Criminal Procedure, 1898

41

C.-- Discovery of persons wrongfully confined
100.
Search for persons wrongfully confined. If any Magistrate
of the first class 1[x x x x x x x x] has, reason to believe that any person is
confined under such circumstances that the confinement amounts to an
offence, he may issue a search-warrant, and the person to whom such
warrant is directed may search for the person so confined; and such search
shall be made in accordance therewith and the person, if found shall be
immediately taken before a Magistrate, who shall make such order as in the
circumstances of the case seems proper.
D. - General Provisions relating to Searches
101.
Direction etc., of search-warrants. The provisions of
sections 43, 75 77, 79, 82, 83 and 84 shall, so far as may be, apply to all searchwarrants issued under section 96, section 98, section 99-A or S. 100.
102.
Persons in charge of closed place to allow search.-- (1)
Whenever any place liable to search or inspection under this chapter is
closed, any person residing in, or being in charge of such place shall, on
demand of the officer or other person executing the warrant, and on
production of the warrant, allow him free ingress thereto, and afford all
reasonable facilities for a search therein.
(2)
If ingress into such place cannot be so obtained, the officer or
other person executing the warrant may proceed in manner provided by
section 48.
(3)
Where any person in or about such place is reasonably
suspected of concealing about his person any article for which search should
be made, such person may be searched. If such person is a woman, the
directions of section 52 shall be observed.
103.
Search to be made in presence of witnesses.-- (1) Before
making a search under this chapter, the officer or other person about to make
it shall call upon two or more respectable inhabitants of the locality in which
the place to be searched is situate to attend and witness the search and may
issue an order in writing to them or any of them so to do.
(2)
The search shall be made in their presence, and a list of all
things seized in the course of such search and of the places in which they are
respectively found shall be prepared by such officer or other person and
signed by such witnesses; but no person winessing a search under this
section shall be required to attend the Court as a witness of the search unless
specially summoned by it.
1

Words "or Sub-Divisional Magistrate" omitted by the Code of Criminal Procedure (Amdt.)
Ordinance XXXVII of 2001. dt. 13.8.2001

42

The Code of Criminal Procedure, 1898

[Ss. 104-106]

(3)
Occupant of place searched may attend. The occupant of the
place searched, or some person in his behalf, shall, in every instance, by
permitted to attend during the search, and a copy of the list prepared under
this section, signed by the said witnesses, shall be delivered to such occupant
or person at his request.
(4)
When any person is searched under section 102, sub-section
(3), a list of all things taken possession of shall be prepared, and a copy
thereof shall be delivered to such person at his request.
(5)
Any person who, without reasonable cause, refuses or
neglects to attend and witness a search under this section, when called upon
to do so by any order in writing delivered or tendered to him, shall be
deemed to have committed an offence under sectin 187 of the PPC.
E.-- Miscellaneous
104.
Power to impound document, etc., produced. Any Court
may, if it thinks fit, impound any document or thing produced before it
under this Code.
105.
Magistrate may direct search in his presence. Any
Magistrate may direct a search to be made in his presence of any place for
the search of which he is competent to issue a search-warrant.
Part IV
PREVENTION OF OFFENCES
Chapter VIII
OF SECURITY FOR KEEPING THE PEACE AND
FOR GOOD BEHAVIOR
A. - Security for keeping the peace on Conviction
106.
Security for keeping the peace on conviction.-- (1)
Whenever any person accused of any offence punishable under Chapter VIII
of the Pakistan Penal Code, other than an offence punishable under section
143, section 149, section 153-A or section 154 thereof, or of assault or other
offence involving a breach of the peace, or of abetting the same, or any
person accused of committing criminal intimidation, is convicted of such
offence before a High Court, a Court of Session, or the Court of 1[x x x x x ] a
Magistrate of the first class,
and such Court is of opinion that it is necessary to require such
person to execute a bond for keeping the peace, such Court may at the time
of passing sentence on such person, order him to execute a bond for a sum
proportionate to his means, with or without sureties, for keeping the peace
during such period, not exceeding three years, as it thinks fit to fix.
1

Words "District Magistrate, a Sub-Divisional Magistrate or" omitted by the Code of
Criminal Procedure (Amendment) Ordinance XXXVII of 2001.

[S. 107]

The Code of Criminal Procedure, 1898

43

(2)
If the conviction is set aside on appeal or otherwise, the bond
so executed shall become void.
(3)
An order under this section may also be made by an
Appellate Court 1[or by a Court] exercising its powers of revision.
B. - Security for keeping the Peace
in other Cases and security for Good Behaviour
107.
Security for keeping the peace in other cases.-- (1)
Whenever 2[the Magistrate of the first class] is informed that any person is
likely to commit a breach of the peace or disturb the public tranquility or to
do any wrongful act that may probably occasion a breach of the peace, or
disturb the public tranquility, the Magistrate if in his opinion there is
sufficient ground for proceeding may in manner hereinafter provided,
require such person to show cause why he should not be ordered to execute
a bond, with or without sureties, for keeping the peace for such period not
exceeding 3[three year] as the Magistrate thinks fit to fix.
(2)
Proceedings shall not be taken under this section unless
either the person informed against or the place where the breach of the peace
of disturbance is apprehended, is within the local limits of such Magistrate's
jurisdiction, and no proceedings shall be taken before any Magistrate,
4[except with the approval of the Sessions Judge], unless both the persons
informed against and the place where the breach of the peace or disturbance
is apprehended, are within the local limits of the Magistrate's jurisdiction.
(3)
Procedure of Magistrate not empowered to act under subsection (1). When any Magistrate not empowered to proceed under subsection (1) has reason to believe that any person is likely to commit a breach
of the peace or disturb the public tranquility or to do any wrongful act that
may probably occasion a breach of the peace or disturb the public
tranquility, and that such breach of the peace or disturbance cannot be
prevented otherwise than by detaining such person in custody, such
Magistrate may, after recording his reasons, issue a warrant for his arrest if
he is not already in custody or before the Court, and may send him before a
Magistrate empowered to deal with the case, together with a copy of his
reasons.
1

2

3
4

Subs. the words and figures "including a Court hearing appeals under section 407 or by
the High Court when" by Law Reforms Ordinance (XII of 1972).
Subs. for the words "District. Magistrate or Sub-Divisional Magistrate or an Executive
Magistrate specially empowered in this behalf by the Provincial Government or the District
Magistrate" by the Code of Criminal Procedure (Amendment) Ordinance XXXVII of 2001.
Subs. the words "one year" by Law Reforms Ordinance, 1972.
Subs. for the words "other than a District Magistrate" by the Code of Criminal Procedure
(Amendment) Ordinance, 2001. dt. 13.8.2001

44

The Code of Criminal Procedure, 1898

[Ss. 108-109]

(4)
A Magistrate before whom a person is sent under subsection (3) may in his discretion detain such person in custody pending
further action by himself under this Chapter.
108.
Security for good behaviour from persons disseminating
seditious matter. Whenever a 1[Magistrate of the first class] has information
that there is within the limits of his jurisdiction any person who, within or
without such limits, either orally or in writing or in any other manner
intentionally disseminates or attempts to disseminate, or in any- wise abets
the dissemination of-(a)

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

(b)

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

(c)

any matter concerning a Judge which amount 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 behavior 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, 2[and
edited printed and published in conformity with, 3[the provisions of the 4[* *
*] 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.
109.
Security for good behaviour from vagrants and suspected
persons- Whenever a 5[Magistrate of the first class] receives information--

1

2
3
4
5

Subs. for the words "District Magistrate or Sub-divisional Magistrate or an Executive
Magistrate specially empowered by the Provincial Government in this behalf" by the Code
of Criminal Procedure (Amendment) Ordinance XXXVII of 2001, 13.8.2001.
Subs. by Art. 18 of 1923,, S. 17, for “or printed or published”.
Subs. for by Law Reforms Ord. (XII of 1972).
Words "Press and Publications Ordinance, 1960," omitted by Act XXI of 1976.
Subs. for the words "District Magistrate or Sub-Divisional Magistrate or an Executive
Magistrate specially empowered by the Provincial Government in this behalf" by the Code
of Criminal Procedure (Amendment) Ordinance XXXVII of 2001. dt. 13.8.2001.

[S. 110]

The Code of Criminal Procedure, 1898

45

(a)

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

(b)

that there is within such limits a person who has no
ostensible means of subsistence, or who cannot give a
satisfactory account of himself,

such Magistrate may, in manner hereinafter provided, require such
person to show cause why he should not be ordered to execute a bond, with
sureties, for his good behaviour for such period, not exceeding 1[three year],
as the Magistrate thinks fit to fix.
110.
Security for good behaviour from habitual offenders.-Whenever a 2[Magistrate of the first class] receives information that any
person within the local limits of his jurisdiction-(a)

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

(b)

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

(c)

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

3[(d)

habitually commits, or attempts to commit, or abets the
commission of, the offence of kidnapping abduction,
extortion, cheating or mischief, or any offence punishable
under Chapter VII of the Pakistan Penal Code, or under
section 489-A, section 489-B, section 489-C or section 489-D
of that Code, or

(e)

habitually commits, or attempts to commit, or abets the
commission of, offences involving a breach of the peace, or

(f)

is 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.
1
2

3

Subs. for the words "one year" by Act XXI of 1976.
Subs. for the words "District Magistrate or Sub-Divisional Magistrate or an Executive
Magistrate specially empowered by the Provincial Government in this behalf" by the Code
of Criminal Procedure (Amendment) Ordinance XXXVII of 2001, dt. 13.8.2001.
Subs. by Cr.P.C. (Amdt.) Act, 1923.

46

The Code of Criminal Procedure, 1898

[Ss. 111-117]

111.
[Proviso as to European vagrants.] Rep. by the Criminal Law
Amendment Act, 1923 (VII of 1923), S.8.
112.
Order to be made.-- When a Magistrate acting under section
107, section 108, section 109 or section 110 deems it necessary to require any
person to the show cause under such section, he shall make an order in
writing, setting forth the substance of the information received, the amount
of the bond to be executed, the term for which it is to be in force, and the
number, character and class of sureties (if any) required.
113.
Procedure in respect of person present in Court.-- If the
person in respect of whom such order is made is present in Court, it shall be
read over to him or, if he so desires, the substance thereof shall be explained
to him.
114.
Summons or warrant in case of person not so present.-- If
such person is not present in Court, the Magistrate shall issue a summons
requiring him to appear, or, when such person is in custody, a warrant
directing the officer in whose custody he is, to bring him before the Court:
Provided that whenever it appears to such Magistrate, upon the
report of a police officer or upon other information (the substance of which
report or information shall be recorded by the Magistrate), that there is
reason to fear 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.
115.
Copy of order under section 112 to accompany summons or
warrant.-- Every summons or warrant issued under section 114 shall be
accompanied by a copy of the order made under section 112, and such copy
shall be delivered by the officer serving or executing such summons or
warrant to the person served with, or arrested under, the same.
116.
Power to dispense with personal attendance.-- The
Magistrate may, if he sees sufficient cause, dispense with the personal
attendance of any person called upon to show cause why he should not be
ordered to execute a bond for keeping the peace, and may permit him to
appear by a pleader.
117.
Inquiry as to truth of information.-- (1) When an order
under section 112 has been read or explained under section 113 to a person
present in Court, or when any person appears or is brought before a
Magistrate in compliance with, or in execution of, a summons or warrant,
issued under section 114, the Magistrate shall proceed to inquire into the
truth of the information upon which action has been taken, and to take such
further evidence as may appear necessary.

[S. 118]

The Code of Criminal Procedure, 1898

47

1[(2)

Such inquiry shall be made, as nearly as may be practicable,
in the manner prescribed in Chapter XX for conducting trials and recording
evidence, except that no charge need be framed].
(3)
Pending the completion of the inquiry under sub-section (1)
the Magistrate, if he considers that immediate measures are necessary for the
prevention of a breach of the peace or disturbance of the public tranquility or
the commission of any offence or for the public safety, may, for reasons to be
recorded in writing, direct the person in respect of whom the order under
section 112 has been made, to execute a bond, with or without sureties, for
keeping the peace or maintaining good behaviour until the conclusion of the
inquiry, and may detain him in custody until such bond is executed or, in
default of execution, until the inquiry is concluded:
Provided that-(a)

(b)

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 than those specified in the order under section
112.

(4)
For the purposes of this section the fact that a person is an
habitual offender or is so desperate and dangerous as to render his being at
large without security hazardous to the community may be proved by
evidence of general repute or otherwise.
(5)
Where two or more persons have been associated together in
the matter under inquiry, they may be dealt with in the same or separate
inquiries as the Magistrate shall think just.
118.
Order to give security.-- (1) If, upon such inquiry, it is
proved that it is necessary for keeping the peace or maintaining good
behaviour, as the case may be, that the person in respect of whom the
inquiry is made should execute a bond, with or without sureties the
Magistrate shall make an order accordingly:
Provided-first, that no person shall be ordered to give security of a nature
different from, or of an amount larger than, or for a period longer than, that
specified in the order made under section 112:
1

Subs. by Law Reforms Ordinance, 1972.

48

The Code of Criminal Procedure, 1898

[Ss. 119-122]

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.
119.
Discharge of person informed against.-- If, on an inquiry
under section 117, it is not proved that it is necessary for keeping the peace
or maintaining good behaviour, as the case may be, that the person in respect
of whom the inquiry is made, should execute a bond the Magistrate shall
make an entry on the record to that effect, and if such person is in custody
only for the purpose of the inquiry, shall release him, or, if such person is not
in custody, shall discharge him.
C.--Proceedings in all Cases subsequent to order to furnish Security
120.
Commencement of period for which security is required.-(1) If any person, in respect of whom an order requiring security is made
under section 106 or section 118, is, at the time such order is made, sentenced
to, or undergoing a sentence of imprisonment, the period for which such
security is required shall commence on the expiration of such sentence.
(2)
In other cases such period shall commence on the date of
such order unless the Magistrate, for sufficient reason, fixes a later date.
121.
Contents of bond.-- The bond to be executed by any such
person shall bind him to keep the peace or to be of good behaviour, as the
case may be, and in the latter case the commission or attempt to commit, or
the abetment of, any offence punishable with imprisonment wherever it may
be committed, is a breach of the bond.
122.
Power to reject sureties.-- (1) A Magistrate may refuse to
accept any surety offered, or may reject any surety previously accepted by
him or his predecessor under this chapter on the ground that such surety is
an unfit person for the purposes of the bond:
Provided that, before so refusing to accept or rejecting any such
surety, he shall either himself hold an inquiry on oath into the fitness of the
surety, or cause such inquiry to be held and a report to be made thereon by a
Magistrate subordinate to him.
(2)
Such Magistrate shall, before holding inquiry, give
reasonable notice to the surety and to the person by whom the surety was
offered and shall in making the inquiry record the substance of the evidence
adduced before him.
(3)
If the Magistrate is satisfied, after considering the evidence
so adduced either before him or before a Magistrate deputed under sub-

[S. 123]

The Code of Criminal Procedure, 1898

49

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 reject, 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.
123.
Imprisonment in default of security.-- (1) If any person
ordered to give security under section 106 or section 118 does not give such
security on or before the date on which the period for which such security is
to be given commences, he shall, except in the case next hereinafter
mentioned, be committed to prison, or, if he is already in prison be detained
in prison until such period expires or until within such period he gives the
security to the Court or Magistrate who made the order requiring it.
(2)
Proceedings when to be laid before High Court or Court of
Session. When such person has been ordered by a Magistrate to give security
for a period exceeding one year, such Magistrate shall, if such person does
not give such security as aforesaid, issue a warrant directing him to be
detained in person pending the orders of the Sessions Judge; and the
proceedings shall be laid, as soon as conveniently may be, before such Judge.
(3)
The Sessions Judge, after examining such proceedings and
requiring from the Magistrate any further information or evidence which he
thinks necessary, may pass such order on the case as he thinks fit:
Provided that the period (if any) for which any person is imprisoned
for failure to give security shall not exceed three years.
(3-A) If security has been required in the course of the same
proceedings from two or more persons in respect of any one of whom the
proceedings are referred to the Sessions Judge under sub-section (2), such
reference shall also include the case of any other of such persons who has
been ordered to give security, and the provisions of sub-sections (2) and (3)
shall, in that event, apply to the case of such other person also, except that
the period (if any) for which he may be imprisoned shall not exceed the
period for which he was ordered to give security.
(3-B) A Sessions Judge may in his discretion transfer any
proceedings laid before him under sub-section (2) or sub-section (3-A) to an
Additional Sessions Judge or Assistant Sessions Judge and upon such
transfer, such Additional Sessions Judge or Assistant Sessions Judge may
exercise the powers of a Sessions Judge under this section in respect of such
proceedings.

50

The Code of Criminal Procedure, 1898

[S. 124]

(4)
If the security is tendered to the officer-in-charge of the jail,
he shall forthwith refer the matter to the Court or Magistrate who made the
order, and shall await the orders of such Court or Magistrate.
(5)
Kind of imprisonment. Imprisonment for failure to give
security for keeping the peace shall be simple.
(6)
Imprisonment for failure to give security for good behaviour
shall, where the proceedings have been taken under section 108 be simple
and, where the proceedings have been taken under section 109 or section
110, be rigorous or simple as the Court of Magistrate in each case directs.
124.
Power to release persons imprisoned for failing to give
security.-- (1) Whenever the 1[Sessions Judge] is of opinion that any person
imprisoned for failing to give security under this Chapter may be released
without hazard to the community or to any other person, he may order such
person to be discharged.
(2)
Whenever any person has been imprisoned for failing to
give security under this Chapter, the 2[Sessions Judge] may (unless the order
has been made by some Court superior to his own) make an order reducing
the amount of the security or the number of sureties or the time for which
security has been required.
(3)
An order under sub-section (1) may direct the discharge of
such person either without conditions or upon any conditions which such
person accepts:
Provided that any condition imposed shall cease to be operative
when the period for which such person was ordered to give security has
expired.
3[(4)

The Provincial Government may prescribe the conditions
upon which a conditional discharge may be made.
(5)
If any condition upon which any such person has been
discharged is, in the opinion of the 4[Sessions Judge] by whom the order of
discharge was made or of his successor, not fulfilled, he may cancel the
same.
(6)
When a conditional order of discharge has been cancelled
under sub-section (5) such person may be arrested by any police-officer
1

2

3
4

Subs. for the words "District Magistrate" by the Code of Criminal Procedure (Amdt)
Ordinance XXXVII of 2001.
Subs. for the words "District Magistrate" by the Code of Criminal Procedure (Amdt)
Ordinance XXXVII of 2001.
Subs. by Cr. Law (Amdt.) Act, 1923, S. 22.
Subs. for the words "District Magistrate" by the Code of Criminal Procedure (Amdt)
Ordinance XXXVII of 2001. dt. 13.8.2001

[Ss. 125-126A]

The Code of Criminal Procedure, 1898

51

without warrant, and shall thereupon be produced before the 1[Sessions
Judge].
Unless such person then gives security in accordance with the terms
of the original order for the unexpired portion of the term for which he was
in the first instance committed or ordered to be detained (such portion being
deemed to be a period equal to the period between the date of the breach of
the conditions of discharge and the date on which, except for such
conditional discharge, he would have been entitled to release), the 2[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.
125.
Power to 3[Sessions Judge] to cancel any bond for keeping
the peace or good behaviour.-- The 4[Sessions Judge] may, at any time, for
sufficient reasons to be recorded in writing, cancel any bond for keeping the
peace or for good behaviour executed under this Chapter by order of any
Court in his district not superior to his Court.
126.
Discharge of sureties.-- (1) Any surety for the peaceable
conduct or good behaviour of another person may at any time apply to a
5[concerned Magistrate of the first class] to cancel any bond executed under
this Chapter within the local limits of his jurisdiction.
(2)
On such application being made, the Magistrate shall issue
his summons or warrant, as he thinks fit, requiring the person for whom
such surety is bound to appear or to be brought before him.
126-A. Security for unexpired period of bond.-- When a person for
whose appearance a warrant or summon has been issued under the proviso
to sub-section (3) of section 122 or under section 126, sub-section (2), appears
or is brought before him, the Magistrate shall cancel the bond executed by
such person and shall order such person to give, for the unexpired portion of
1

2

3

4

5

Subs. for the words "District Magistrate" by the Code of Criminal Procedure (Amdt.)
Ordinance XXXVII of 2001. dt. 13.8.2001
Subs. for the words "District Magistrate" by the Code of Criminal Procedure (Amdt.)
Ordinance XXXVII of 2001. dt. 13.8.2001
For the words "District Magistrate" the words "Sessions Judge" subs. by Ord. XXXVII of
2001.
For the words "District Magistrate" the words "Sessions Judge" subs. by Ord. XXXVII of
2001.
Subs. for the words "District Magistrate or Sub-Divisional Magistrate" by the Code of
Criminal Procedure (Amendment) Ordinance XXXVII of 2001, dt. 13th August, 2001.

52

The Code of Criminal Procedure, 1898

[Ss. 127-128]

the term of such bond, fresh security of the same description as the original
security. Every such order shall, for the purposes of sections 121, 122, 123
and 124, be deemed to be an order made under section 106 or section 118, as
the case may be.
Chapter IX
UNLAWFUL ASSEMBLIES

1[AND

MAINTENANCE OF PUBLIC PEACE
AND SECURITY]

127.
Assembly to disperse on command of Magistrate or policeofficer.-- (1) Any 2[x x x x x x x] officer-in-charge of a police station may
command any unlawful assembly, or any assembly of five or more persons
likely to cause a disturbance of the public peace, to disperse; and it shall
thereupon be the duty of the members of such assembly to disperse
accordingly.
(2)

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

128.
Use of civil force to disperse.-- If, upon being so
commanded, any such assembly does not disperse, or if, without being so
commanded, it conducts itself in such a manner as to show a determination
not to disperse, any 3[xxx] officer-in-charge of a police-station, may proceed
to disperse such assembly by force and may require the assistance of any
male person, not being an officer, soldier, sailor or airman in the Armed
Forces of Pakistan 4[xxx] and, acting as such, for the purpose of dispersing
such assembly, and, if necessary, arresting and confining the persons who
form part of it, in order to disperse such assembly or that they may be
punished according to law [:]
5[Provided that for dispersing 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.]

Balochistan Amendment.
6[Provided

that for dispersing any assembly, firing shall not be
resorted to except under the specific direction of a District Administrative
Officer or Assistant District Administrative Officer.]
1
2

3

4

5

6

Added by Ordinance XLI of 1997, dated 7th March, 1997.
Words "Executive Magistrate or " omitted by the Code of Criminal Procedure (Second
Amendment) Ordinance XLIII of 2001, dated 29th August, 2001.
Words "Executive Magistrate or" omitted by the Code of Criminal Procedure (Second
Amendment) Ordinance XLIII of 2001, dated 29th August, 2001.
Words "or a volunteer enrolled under the Indian Volunteers Act, 1869" omitted by Law
Reforms Ord., 1972.
Proviso added by the Code of Criminal Procedure (Amendment) Ordinance XXXVII of
2001, 13.8.2001.
Subs. by Bal Ordinance XXXII of 2001 dated 6.10.2001, PLD 2002 Bal. St. 19

[Ss. 129-131]

The Code of Criminal Procedure, 1898

53

129.
Use of military force.-- If any such assembly cannot be
otherwise dispersed, and if it is necessary for the public security that it
should be dispersed, the 1[the police officer of the highest rank not below an
Assistant Superintendent, or Deputy Superintendent of Police] who is
present may cause it to be dispersed by the armed force.
Balochistan Amendment.
For the words "the police officer of the highest rank not below an
Assistant Superintendent, or Deputy Superintendent of Police" words "the
District Administrative Officer or Assistant District Administrative Officer"
shall be substituted by the Code of Criminal Procedure (Balochistan Amdt.)
Ordinance, 2001.
130.
Duty of officer commanding troops required by Magistrate
to disperse assembly.-- 2[(1) When 3[a police officer of the highest rank not
below an Assistant Superintendent, or Deputy Superintendent, of police]
determines to disperse any such assembly by the armed forces, he may
require any officer thereof in command of any group of persons belonging to
the armed forces 4[* * *] to disperse such assembly with the help of the armed
armed forces under his command and to arrest and confine such persons
forming part of it as the Magistrate 5[or such police officer] may direct, or as
it may be necessary to arrest and confine in order to disperse the assembly or
to have them punished according to law].
Baluchistan Amdt. For the words "the police officer of highest rank
not below an Assistant Superintendent or Deputy Superintendent of police"
the words "District Administrative officer.
(2)
Every such officer shall obey such requisition in such
manner as he thinks fit, but in so doing he shall use as little force, and do as
little injury to person and property, as may be consistent with dispersing the
assembly and arresting and detaining such persons.
131.
Power of commissioned military officers to disperse
assembly.-- When the public security is manifestly endangered by any such
assembly, and when 6[Police officer of the highest rank not below an
1

2
3

4

5

6

Subs. for the words "Executive Magistrate of the highest rank" by the Code of Criminal
Procedure (Amendment) Ordinance XXXVII of 2001, 13.8.2001.
Subs. by Code of Criminal Procedure (Amendment Act) (XLIX of 1975).
Subs. for the word "Magistrate" by the Code of Criminal Procedure (Amendment)
Ordinance XXXVII of 2001, 13.8.2001.
Words and figures "or of any volunteers enrolled under the Indian Volunteers Act, 1869"
omitted by Law Reforms Ordinance XII of 1972.
Words inserted by the Code of Criminal Procedure (Amendment) Ordinance XXXVII of
2001, 13.8.2001.
Subs. for the words "Executive Magistrate " by the Code of Criminal Procedure
(Amendment) Ordinance XXXVII of 2001.

54

The Code of Criminal Procedure, 1898

[Ss. 131A-132]

Assistant Superintendent, or Deputy Superintendent, or Police] can be
communicated with, any commissioned officer of the Pakistan Army may
disperse such assembly by military force, and may arrest and confine any
persons forming part of it, in order to disperse such assembly or that they
may be punished according to law; but if, while, he is acting under this
section, it becomes practicable for him to communicate with 1[a police officer
not below the rank of Assistant Superintendent, or Deputy Superintendent,
of Police] he shall do so, and shall thence forward obey the instructions of
the 2[such police officer] as to whether he shall or shall not continue such
action.
Baluchistan Amdt. For the words "the police officer of the highest
rank not below an Assistant Superintendent or Deputy Superintendent of
police" the words "District Administrative Officer or Assistant District
Administrative Officer.
3[131-A. Power to use military force for public security and
maintenance of law and order.-- (1) If the Provincial Government is satisfied
that for the public security, protection of life and property, public peace and
the maintenance of law and order, it is necessary to secure the assistance of
the armed forces, the Provincial Government may require, with the prior
approval of the Federal Government, or the Federal Government may
require, with the prior approval of the Federal Government, or the Federal
Government may, on the request of the Provincial Government, direct, any
officer of the armed forces or civil armed forces to render such assistance
with the help of the forces under his command, and such assistance shall
include the exercise of powers specified in sections 46 to 49, 53, 55(a) and (c),
58, 63, to 67, 100, 102, 103 and 156.

Provided that such powers shall not include the powers of a
Magistrate.
(2)
Every such officer shall obey such requisition or direction, as
the case may be, and in during so may use such force as the circumstances
may require.
(3)
In rendering assistance relating to exercise of powers
specified in sub-section (1), every officer shall, as far as may be, follow the
restrictions and conditions laid down in the Code.]
132.
Protection against prosecution for acts done under this
Chapter.-- No prosecution against any person for any act purporting to be
1

2

3

Subs. for the words "[an Executive Magistrate]" by the Code of Criminal Procedure (Amdt.)
Ordinance XXXVII of 2001. DT. 13.8.2001
Subs. for the word "Magistrate" by the Code of Criminal Procedure (Amendment)
Ordinance XXXVII of 2001, 13.8.2001.
Inserted by Ord. XLI of 1997.

[S. 132A]

The Code of Criminal Procedure, 1898

55

done under this Chapter shall be instituted in any Criminal Court, except
with the sanction of the Provincial Government;and
(a)
(b)
(c)

(d)

no 1[xxxx] police officer acting under this Chapter in good
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 2[or Section 131A]; and
no inferior officer, or soldier, 3[sailor or airman in the armed
forces] 4[* * *] 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 5[sailor or airman in the armed forces] except
with the sanction of the Central Government.

1

2
3
4
5
6
7

6[132-A.

Definitions. In this Chapter,---

(a)

the expression "armed forces" means the military, naval and
air forces, operating as land forces and includes the force
constituted under the Federal Security Force Act (XL of
1973), and any other armed forces of Pakistan so operating;

7(aa)

the expression "civil armed forces" means the Pakistan
Rangers, Frontier Corps, Frontier Constabulary, Balochistan
Constabulary, Pakistan Coast Guards or any other force as
the Federal Government may notify;]

(b)

"officer", in relation to the armed forces, means a person
Commissioned, gazetted or in pay as an officer of the armed
forces and includes a junior commissioned officer a warrant
officer, a petty officer and a non-commissioned officer; and

(c)

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

Words "Magistrate or" omitted by the Code of Criminal Procedure (Amendment)
Ordinance XXXVII of 2001, 13.8.2001.
Inserted by Ordinance XLI of 1997, dated 7.3.1997.
Subs. for by Code of Criminal Procedure (Amendment) Act (XLIX of 1975).
Words or volunteer" omitted by Law Reforms Ordinance XII of 1972.
Subs. by Code of Criminal Procedure (Amendment) Act (XLIX of 1975).
Inserted by Ibid, S. 5.
Cls. (aa) added by the Code of Cr.P.C. (Amdt.) LXXXI of 2002.

56

The Code of Criminal Procedure, 1898

[S. 133]

Chapter X
PUBLIC NUISANCES
133.
Conditional order for removal of nuisance.-- (1) Whenever
a 1[Magistrate of the first class] considers, on receiving a police-report or
other information and on taking such evidence (if any) as he thinks fit,
that any unlawful obstruction or nuisance should be removed from
any way, river or channel which is or may be lawfully used by the public, or
from any public place, or
that the conduct of any trade or occupation, or the keeping of any
goods or merchandise, is injurious to the health or physical comfort of the
community, and that in consequence 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 fall 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 may be 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
1

Subs. for the words "District Magistrate, Sub-divisional Magistrate or an Executive" by the
Code of Criminal Procedure (Amendment) Ordinance XXXVII of 2001, 13.8.2001.

[Ss. 134-136]

The Code of Criminal Procedure, 1898

57

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 1[Magistrate of the first class]
at a time and place to be fixed by the order, and move to have the order set
aside or modified in the manner hereinafter provided.
(2)
No order duly made by a Magistrate under this section shall
be called in question in any Civil Court.
Explanation.-- A "public place" includes also property belonging to
the State, camping grounds and grounds left unoccupied for sanitary or
recreative purposes.
134.
Service or notification of order.-- (1) The order shall, if
practicable, be served on the person against whom it is made, in manner
herein provided for service of a summons.
If such order cannot be so served, it shall be notified by
proclamation, published in such manner as the Provincial Government may
by rule direct, and a copy thereof shall be stuck up at such place or places as
may be fittest for conveying the information to such person.
135.
Person to whom order is addressed to obey or show cause
or claim jury. The person against whom such order is made shall-(a)
(b)

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.

136.
Consequence of his failing to do so.-- If such person does
not perform such act or appear and show cause or apply for the appointment
of a jury as required by section 135, he shall be liable to the penalty
prescribed in that behalf in section 188 of the Pakistan Penal Code, and the
order shall be made absolute.
1

Words "Executive Magistrate" subs. by the Code of Criminal Procedure (Amendment)
Ordinance XXXVII of 2001.

58

The Code of Criminal Procedure, 1898

[Ss. 137-139A]

137.
Procedure where he appears to show cause.-- (1) If he
appears and shows cause against the order, the Magistrate shall take
evidence in the matter 1[in the manner provided in Chapter XX]
(2)
If the Magistrate is satisfied that the order is not reasonable
and proper, on further proceedings shall be taken in the case.
(3)
absolute.

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

138.
Procedure when he claims jury.-- (1) On receiving an
application under section 135 to appoint a jury, the Magistrate shall-(a)

forthwith appoint a jury consisting of an uneven number of
persons not less than five, of whom the foreman and onehalf of the remaining members shall be nominated by such
Magistrate, and the other members by the applicant;

(b)

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

(c)

fix a time within which they are to return their verdict.

(2)
The time so fixed may, for good cause shown, be extended
by the Magistrate.
139.
Procedure where jury finds Magistrate's order to be
reasonable.-- (1) If the jury or a majority of the jurors find that the order of
the Magistrate is reasonable and proper as originally made, or subject to a
modification which the Magistrate accepts, the Magistrate shall make the
order absolute, subject to such modification (if any).
(2)
this Chapter.

In other cases no further proceedings shall be taken under

2[139-A. Procedure

where existence of public right is denied.-- (1)
Where an order is made under section 133 for the purpose of preventing
obstructing, nuisance or danger to the public in the use of any way, river,
channel or place, the Magistrate shall, on the appearance before him of the
person against whom the order was made, question him as to whether he
denies the existence of any public right in respect of the way, river, channel
or place, and if he does so, the Magistrate shall, before proceeding under
section 137 or section 138, inquire into the matter.
(2)
If in such inquiry the Magistrate finds that there is any
reliable evidence in support of such denial, he shall stay the proceeding until
the matter of the existence of such right has been decided by a competent
1
2

Subs. by. Law Reforms Ord., 1972.
Subs. by Cr.P.C. (Amdt.) Act, 1923.

[Ss. 140-142]

The Code of Criminal Procedure, 1898

59

Civil Court; and if he finds that there is no such evidence, he shall proceed as
laid down in section 137 or section 138, as the case may require.
(3)
A person who has, on being questioned by the Magistrate
under sub-section (1) failed to deny the existence of a public right of the
nature therein referred to, or who, having made such denial, has failed to
adduce reliable evidence in support thereof, shall not in the subsequent
proceedings be permitted to make any such denial, nor shall any question in
respect of the existence of any such public right be inquired into by any jury
appointed under section 138]
140.
Procedure on order being made absolute.-- (1) When an
order has been made absolute under section 136, section 137 or section 139
the Magistrate shall give notice of the same to the person against whom the
order was made, and shall further require him to perform the act directed by
the order within a time to be fixed in the notice, and inform him that, in case
of disobedience, he will be liable to the penalty provided by section 188 of
the Pakistan Penal Code.
(2)
Consequences of disobedience to order. If such act is not
performed within the time fixed, the Magistrate may cause it to be
performed, and may recover the costs of performing it, either by the sale 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 authorize its attachment and
sale when endorsed by the Magistrate within the local limits of whose
jurisdiction the property to be attached is found.
(3)
No suit shall lie in respect of anything done in good faith
under this section.
141.
Procedure on failure to appoint jury or omission to return
verdict. If the applicant, by neglect or otherwise, prevents the appointment
of the jury, or if from any cause the jury appointed do not return their verdict
within the time fixed or within such further time as the Magistrate may in his
discretion allow, the Magistrate may pass such order as he thinks fit, and
such order shall be executed in the manner provided by section 140.
142.
Injunction pending inquiry.-- (1) If a Magistrate making an
order under section 133 considers that immediate measures should be taken
to prevent imminent danger or injury of a serious kind to the public, he may,
whether a jury is to be, or has appointed or not, issue such an injunction to
the person against whom the order was made, as is required to obviate or
prevent such danger or injury pending the determination of the matter.

60

The Code of Criminal Procedure, 1898

[Ss. 143-144]

(2)
In default of such person forthwith obeying such injunction,
the Magistrate may himself use, or cause to be used, such means as he thinks
fit to obviate such danger or to prevent such injury.
(3)
No suit shall lie in respect of anything done in good faith by
a Magistrate under this section.
143.
Magistrate many prohibit repetition or continuance of
public nuisance.-- A 1[Magistrate of the first class] may order any person not
to repeat or continue a public nuisance, as defined in the Pakistan Penal
Code or any special or local law.
Chapter XI
TEMPORARY ORDERS IN URGENT CASES OF NUISANCE
OR APPREHENDED DANGER
144.
Power to issue order absolute at once in urgent cases of
nuisance or apprehended danger.-- (1) In cases where, in the opinion of 2[the
Zila Nazim upon the written recommendation of the District Superintendent
of Police or Executive District Officer], there is sufficient ground for
proceeding under this section and immediate prevention or speedy remedy
is desirable,
3[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 4[Zila Nazim] 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 danger to human life, health or safety, or a disturbance of the
public tranquillity, or a riot, or an affray.
(2)
An order under this section may, in case of emergency or in
cases where the circumstances do not admit of the serving in due time of a
notice upon the person against whom the order is directed, be passed, ex
parte.

1

2

3

4

Subs. for the words "District Magistrate or Sub-divisional Magistrate, or any other
Executive Magistrate empowered by the Provincial Government or the District Magistrate
in this behalf" by the Code of Criminal Procedure (Amendment) Ordinance XXXVII of
2001.
Subs. the words "a District Magistrate Sub-divisional Magistrate, or any other Executive
Magistrate specially empowered by the Provincial Government or the District Magistrate to
act under this section" by the Code of Criminal Procedure (Amendment) Ordinance
XXXVII of 2001, 13.8.2001.
Subs. for the words "such Magistrate" by the Code of Criminal Procedure (Amendment)
Ordinance XXXVII of 2001. DT. 13.8.2001
Subs. for the words "such Magistrate" by the Code of Criminal Procedure (Amendment)
Ordinance XXXVII of 2001. DT. 13.8.2001

[S. 144]

The Code of Criminal Procedure, 1898

61

(3)
An order under this section may be directed to a particular
individual, or to the public generally when frequenting or visiting a
particular place
1[The Zila Nazim] may, either on his own motion or on the
(4)
application of any person aggrieved rescind or alter any order made under
this section by himself 2[x x x x x x], or by his predecessor-in -office.

(5)
Where such an application is received, the 3[Zila Nazim]
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 4[Zila Nazim] rejects the application wholly or in part, he shall record in
writing his reasons for so doing.
(6)
No order under this section shall remain in force for more
than two 5[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.
6[(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 ceases to have effect, and shall be
deemed to have been repealed, at the time when Local Government are
installed in the districts as aforesaid.]
Balochistan Amendment. For the words & commas "the District
Superintendent of Police or Executive District Officer" the words "District
Administrative Officer or Assistant District Administrative Officer" shall be
substituted by the Code of Criminal Procedure (Balochistan Amdt.)
Ordinance, 2001.

1

2

3

4

5

6

Subs. for the words "Any Magistrate" by the Code of Criminal Procedure (Amendment)
Ordinance XXXVII of 2001. DT. 13.8.2001
Words "or any Magistrate subordinate to him" omitted by the Code of Criminal Procedure
(Amdt.) Ordinance XXXVII 2001. dt. 13.8.2001
Subs. for the words "Magistrate" by the Code of Criminal Procedure (Amendment)
Ordinance XXXVII of 2001, 13.8.2001.
Subs. for the words "Magistrate" by the Code of Criminal Procedure (Amendment)
Ordinance XXXVII of 2001, 13.8.2001.
Subs. for the words "months" by the Code of Criminal Procedure (Amendment) Ordinance
XXXVII of 2001, 13.8.2001.
Sub-section (7) added by the Code of Criminal Procedure (Second Amendment)
Ordinance XLIII of 2001. dt. 13.8.2001

62

The Code of Criminal Procedure, 1898

[S. 145]

[NWFP Amendment: In the Code of Criminal Procedure, 1898 for
the words “Zila Nazim” wherever occurring the words “District Coordination officer” shall be substituted by Code of Criminal Procedure
(North-West Frontier Province) (Amendment) Act, 2008, dt 24.9.2008; and
In sub-section (6), for the words “consecutive days and not more
than seven days in a month”, the word “months” shall be substituted by
Code of Criminal Procedure (North-West Frontier Province) Amendment)
Act, 2008, dt,. 24.9.2008.
Chapter XII
DISPUTES AS TO IMMOVABLE PROPERTY
145.
Procedure where dispute concerning land etc., is likely to
cause breach of peace.-- (1) Whenever a 1[Magistrate of the first class] is
satisfied from a police-report or other information that a dispute likely to
cause a breach of the peace exists concerning any land or water or the
boundaries thereof, within the local limits of his jurisdiction, he shall make
an order in writing, stating the grounds of his being so satisfied, and
requiring the parties concerned in such dispute to attend his Court in person
or by pleader, within a time to be fixed by such Magistrate, and to put in
written statements of their respective claims as respects the fact of actual
possession of the subject of dispute.
(2)
For the purposes of this section the expression "land or
water" includes buildings, markets, fisheries, crops or other produce of land,
and the rents or profits of any such property.
(3)
A copy of the order shall be served in manner provided by
this Code for the service of a summons upon such person or persons as the
Magistrate may direct, and at least one copy shall be published by being
affixed to some conspicuous place at or near the subject of dispute.
(4)
Inquiry as to possession. The Magistrate shall then, without
reference to the merits or the claims of any of such parties to a right to
possess the subject of dispute, peruse the statements so put in, hear the
parties, receive all such evidence as may be produced by them respectively,
consider the effect of such evidence, take such further evidence (if any) as he
thinks necessary, and, if possible, decide whether any and which of the
parties was at the date of the order before mentioned in such possession of
the said subject:
Provided that, if it appears to the Magistrate that any party has
within two months next before the date of such order been forcibly and
1

Subs. for the words " District Magistrate, or Sub-divisional Magistrate, or an Executive
Magistrate specially empowered by the Provincial Government in this behalf" by the Code
of Criminal Procedure (Amendment) Ordinance XXXVII of 2001. dt. 13.8.2001.

[S. 146]

The Code of Criminal Procedure, 1898

63

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 cases one of
emergency, he may at any time attach the subject of dispute, pending his
decision under this section.
(5)
Nothing in this section shall preclude any party so required
to attend, or any other person interested, from showing that no such dispute
as aforesaid exists or has existed; and in such case the Magistrate shall cancel
his said order; and all further proceedings thereon shall be stayed, but,
subject to such cancellation, the order of the Magistrate under sub-section (1)
shall be final.
(6)
Party in possession to retain possession until legally evicted.
If the Magistrate decides that one of the parties was or should under the first
proviso to sub-section (4) be treated as being in such possession of the said
subject he shall issue an order declaring such party to be entitled to
possession thereof until evicted therefrom in due course of law, and
forbidding all disturbance of such possession until such eviction and when
he proceeds under the first proviso to sub-section (4), may restore to
possession the party forcibly and wrongfully dispossessed.
(7)
When any party to any such proceeding dies, the Magistrate
may cause the legal representative of the deceased party to be made a party
to the proceeding and shall thereupon continue the inquiry, and if any
question arises as to who the legal representative of a deceased party for the
purpose of such proceeding is, all persons claiming to be representatives of
the deceased party shall be made parties thereto.
(8)
If the Magistrate is of opinion that any crop or other produce
of the property, the subject of dispute in a proceeding under this section
pending before him, is subject to speedy and natural decay, he may make an
order for the proper custody or sale of such property, and, upon the
completion of the inquiry, shall make such order for the disposal of such
property, or the sale-proceeds thereof, as he thinks fit.
(9)
The Magistrate may, if he thinks fit, at any stage of the
proceedings under this section, on the application of either party, issue a
summons to any witness directing him to attend or to produce any
document or thing.
(10)
Nothing in this section shall be deemed to be in derogation
of the powers of the Magistrate to proceed under section 107.
146.
Power to attach subject of dispute.-- (1) If Magistrate
decides that none of the parties was then in such possession, or is unable to

64

The Code of Criminal Procedure, 1898

[S. 147]

satisfy himself as to which of them was then in such possession of the subject
of dispute, he may attach it until a competent Court has determined the
rights of the parties thereto, or the person entitled to possession thereof:
1[Provided that the
2[xxx] the Magistrate who had attached the
subject of dispute may withdraw the attachment at any time if he is satisfied
that there is no longer any likelihood of a breach of the peace in regard to the
subject of dispute.]

(2)
When the Magistrate attaches the subject of dispute, he may,
if he thinks fit and if no receiver of the property, the subject of dispute, has
been appointed by any Civil Court appoint a receiver thereof, who, subject to
the control of the Magistrate, shall have all the powers of a receiver
appointed under the 3[Code of Civil Procedure, 1908.]
Provided that, in the event of a receiver of the property the subject of
dispute, being subsequently appointed by any Civil Court, possession shall
be made over to him by the receiver appointed by the Magistrate, who shall
thereupon be discharged.
147.
Disputes concerning rights of use of immovable property,
etc.-- (1) Whenever any 4[Magistrate of the first class] is satisfied, from a
police report or other information, that a dispute likely to cause a breach of
the peace exists regarding any alleged right of user of any land or water as
explained in section 145, sub-section (2) (whether such rights be claimed as
an easement or otherwise) within the local limits of his jurisdiction, he may
make an order in writing stating the grounds of his being so satisfied and
requiring the parties concerned in such dispute to attend the Court in person
or by pleader within a time to be fixed by such Magistrate and to put in
written statements of their respective claims, and shall thereafter inquire into
the matter in the manner provided in section 145, and the provisions of that
section shall, as far as may be, be applicable in the case of such inquiry.
(2)
If it appears to such Magistrate that such right exists, he may
make an order prohibiting any interference with the exercise of such right:
Provided that no such order shall be made where the right is
exercisable at all times of the year, unless such right has been exercised
within three months next before the institution of the inquiry, or where the
right is exercisable only at particular seasons or on particular occasions,
1
2

3
4

Inserted by Cr.P.C. (Amdt.) Act, 1923.
Words "the District Magistrate or " omitted by the Code of Criminal Procedure
(Amendment) Ordinance XXXVII of 2001. dated 13.8.2001.
Subs. for the words and figures "Code of Civil Procedure" by Act XXI of 1976.
Subs. the words "District Magistrate, or Sub-Divisional Magistrate or an Executive
Magistrate specially empowered by the Provincial Government in this behalf" by the Code
of Criminal Procedure (Amendment) Ordinance XXXVII of 2001. dated 13.8.2001.

[Ss. 148-151]

The Code of Criminal Procedure, 1898

65

unless the right has been exercised during the last of such seasons or on the
last of such occasions before such institution.
(3)
If it appears to such Magistrate that such right does not exist,
he may make an order prohibiting any exercise of the alleged right.
(4)
An order under this section shall be subject to any
subsequent decision of a Civil Court of competent jurisdiction.
148.
Local inquiry. (1) Whenever a local inquiry is necessary for
the purposes of this Chapter, any 1[a Sessions Judge] may depute any
Magistrate subordinate to him to make the inquiry, and may furnish him
with such written instructions as may seem necessary for his guidance, and
may declare by whom the whole or any part of the necessary expenses of the
inquiry shall be paid.
(2)
in the case.

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

(3)
Order as to costs. When any costs have been incurred by any
party to a proceeding under this Chapter the Magistrate passing a decision
under section 145, section 146 or section 147 may direct by whom such costs
shall be paid, whether by such party or by any other party to the proceeding,
and whether in whole or in part or proportion, such costs may include any
expenses incurred in respect of witnesses, and of pleaders' fees, which the
Court may consider reasonable.
Chapter XIII
PREVENTIVE ACTION OF THE POLICE
149.
Police to prevent cognizable offences.-- Every police-officer
may interpose for the purpose of preventing, and shall, to the best of his
ability, prevent the commission of any cognizable offence.
150.
Information of design to commit such offences.-- Every
police officer receiving information of a design to commit any cognizable
offence shall communicate such information to the police officer to whom he
is subordinate, and to any other officer whose duty it is to prevent or take
cognizance of the commission of any such offence.
151.
Arrest prevent such offences.-- A police officer knowing of
a design to commit any cognizable offence may arrest, without orders from a
Magistrate and without a warrant, the person so designing, if it appears to
such officer that the commission of the offence cannot be otherwise
prevented.
1

Subs. the words "District Magistrate or Sub-divisional Magistrate" by the Code of Criminal
Procedure (Amendment) Ordinance XXXVII of 2001, 13.8.2001. dated 13.8.2001.

66

The Code of Criminal Procedure, 1898

[Ss. 152-155]

152.
Prevention of injury to public property.-- A police-officer
may of his own authority interpose to prevent any injury attempted to be
committed in his view to any public property, movable or immovable, or the
removal or injury of any public landmark or buoy or other mark used for
navigation.
153.
Inspection of weights and measures.-- (1) Any officer-incharge of police-station may, without a warrant, enter any place within the
limits of such station for the purpose of inspecting or searching for any
weights or measures or instruments for weighing, used or kept therein
whenever he has reason to be believe that there are in such place any
weights, measures or instruments for weighing which are false.
(2)
If he finds in such place any weights, measures or instruments
for weighing which are false, he may seize the same, and shall forthwith give
information of such seizure to a Magistrate having jurisdiction.
PART V
INFORMATION TO THE POLICE AND
THEIR POWERS TO INVESTIGATE
Chapter XIV
154.
Information in cognizable cases.-- Every information
relating to the commission of a cognizable offence if given orally to an
officer-in-charge of a police-station, shall be reduced to writing by him or
under his direction and be read over to the informant; and every such
information, whether given in writing or reduced to writing as aforesaid,
shall be signed by the person giving it, and the substance thereof shall be
entered in a book to be kept by such officer in such form as the Provincial
Government may prescribe in this behalf.
155.
Information in non-cognizable cases.-- (1) When
information is given to an officer-in-charge of a a police-station of the
commission within the limits of such station of a non-cognizable offence, he
shall enter in a book to be kept as aforesaid the substance of such
information and refer the informant to the 1[xxx] Magistrate.
(2)
Investigation in non-cognizable cases. No police-officer shall
investigate a non-cognizable case without the order of Magistrate of the first
or second class having power to try such case 2[or send the same for trial to
the Court of Session].
(3)
Any police-officer receiving such order may exercise the
same powers in respect of the investigation (except the power to arrest
1
2

Words "Judicial" omitted by Act XXIII of 1997, dated 3.7.1997.
Subs. by Law Reforms Ord., 1972.

[Ss. 156-157]

The Code of Criminal Procedure, 1898

67

without warrant) as an officer-in-charge of a police-station may exercise in a
cognizable case.
156.
Investigation into cognizable cases.-- (1) Any officer-incharge of a police-station may, without the order of a Magistrate, investigate
any cognizable case which a Court having jurisdiction over the local area
within the limits of such station would have power to inquire into or try
under the provisions of Chapter XV relating to the place of inquiry or trial.
(2)
No proceeding of a police-officer in any such case shall at
any stage be called in question on the ground that the case was one which
such officer was not empowered under this section to investigate.
(3)
Any Magistrate empowered under section 190 may order
such an investigation as above-mentioned.
1[(4)

Notwithstanding anything contained in sub-section (1), (2)
or (3) no police-officer shall investigate an offence under section 497 or
section 498 of the Pakistan Penal Code, except upon a complaint made by the
husband of the woman, or, in his absence by some person who had the case
of such woman on his behalf at the time when such offence was committed.]
2[156-A.

Investigation of offence under section 295C, Pakistan
Penal Code. Notwithstanding anything contained in this Code, no police
officer below the rank of a Superintendent of Police shall investigate the
offence against any person alleged to have been committed by him under
section 295C of the Pakistan Penal Code, 1860 (Act XLV of 1860).
156-B. Investigation against a woman accused of the offence of a
Zina. Notwithstanding anything contained in this Code, where a person is
accused of offence of zina under the Offence of Zina (Enforcement of
Hudood) Ordinance, 1979 (VII of 1979), no police officer below the rank of a
Superintendent of Police shall investigate such offence nor shall such
accused be arrested without permission of the Court.
Explanation.-- In this section `zina' does not include `zina-bil-jabr.]
157.
Procedure where cognizable offence suspected.-- (1) If from
information received or otherwise, an officer-in-charge of a police-station has
reason to suspect the commission of an offence which he is empowered
under section 156 to investigate, he shall forthwith send a report of the same
to a Magistrate empowered to take cognizance of such offence upon a policereport and shall proceed in person, or shall depute one of his subordinate
officers not being below such rank as the Provincial Government may, by
1
2

Sub-section (4) added by Law Reforms Ord., (XII of 1972).
Sections "156A & 156B" inserted by the Criminal Law (Amdt.) Act, 2004 (I of 2005) dt.
10.1.2005.

68

The Code of Criminal Procedure, 1898

[Ss. 158-160]

general or special order, prescribe in this behalf to proceed, to the spot, to
investigate the facts and circumstances of the case, and, if necessary, to take
measures for the discovery and arrest of the offender:
Provided as follows:-(a)

(b)

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-in-charge sees no sufficient ground for
investigation. If it appears to the officer-in-charge of a policestation that there is no sufficient ground for entering on an
investigation, he shall not investigate the case.

(2)
In each of the cases mentioned in clauses (a) and (b) of the
proviso to sub-section (1), the officer-in-charge of the police-station shall
state in his said report his reasons for not fully complying with the
requirements of that sub-section, and, in the case mentioned in clause (b),
such officer shall also forthwith notify to the informant, if any, in such
manner as may be prescribed by the Provincial Government, the fact that he
will not investigate the case or cause it to be investigated.
158.
Reports under section 157 how submitted.-- (1) Every
report sent to a Magistrate under section 157 shall, if the Provincial
Government so directs, be submitted through such superior officer of police
as the Provincial Government, by general or special order, appoints in that
behalf.
(2)
Such superior officer may give such instructions to the
officer-in-charge of the police-station as he thinks fit, and shall, after
recording such instructions on such report, transmit the same without delay
to the Magistrate.
159.
Power to hold investigation of preliminary inquiry.-- Such
Magistrate, on receiving such report may direct an investigation or, if he
think fit at once proceed, or depute any Magistrate subordinate to him to
proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the
case in manner provided in this Code.
160.
Police-officer's power to require attendance of witnesses.-Any police-officer making an investigation under this Chapter may, by order
in writing, require the attendance before himself of any person being within
the limits of his own or any adjoining station who, from the information
given or otherwise, appears to be acquainted with the circumstances of the
case; and such person shall attend as so required.

[Ss. 161-162]

The Code of Criminal Procedure, 1898

69

161.
Examination of witnesses by police.-- (1) Any police-officer
making an investigation under this Chapter or any police-officer not below
such rank as the Provincial Government may, by general or special order,
prescribe in this behalf, acting on the requisition of such officer may examine
orally any person supposed to be acquainted with the facts and
circumstances of the case.
(2)
Such person shall be bound to answer all questions relating
to such case put to him by such officer, other than questions the answers to
which would have a tendency to expose him to a criminal charge or to a
penalty or forfeiture.
(3)
The police-officer may reduce into writing any statement
made to him in the course of an examination under this section, and if he
does so he shall make a separate record of the statement of each such person
whose statement he records.
162.
Statements to police not to be signed, use of such
statements in evidence.-- (1) No statement made by any person to a police
officer in the course of an investigation under this Chapter shall if reduced
into writing be signed by the person making it; nor shall any such statement
or any record thereof whether in a police-diary or otherwise or any part of
such statement or record, be used for any purpose (save as hereinafter
provided) at any inquiry or trial in respect of any offence under investigation
at the time when such statement was made:
Provided that, when any witness is called for the prosecution in such
inquiry or trial whose statement has been reduced into writing as aforesaid
the Court shall on the request of the accused, refer to such writing and direct
that the accused be furnished with a copy thereof, in order that any part of
such statement, if duly proved, may be used to contradict such witness in the
manner provided by section 145 of the Evidence Act, 1872. When any part of
such statement is so used, any part thereof may also be used in the reexamination 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 inquiry 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 therefor) and shall exclude such part from the copy of the statement
furnished to the accused.
(2)
Nothing in this section shall be deemed to apply to any
statement falling within the provisions of section 32, clause (1), of the
Evidence Act, 1872 or to affect the provisions of section 27 of that Act.

70

The Code of Criminal Procedure, 1898

[Ss. 163-164]

163.
No inducement to be offered.-- (1) No police-officer or other
person in authority shall offer or make, or cause to be offered or made, any
such inducement, threat or promise as is mentioned in the Evidence Act,
1872, section 24.1
(2)
But no police-officer or other person shall prevent by any
caution or otherwise, any person from making in the course of any
investigation under this Chapter any statement which he may be disposed to
make of his own free-will.
164.
Power to record statements and confessions.--(1) Any
Magistrate of the first class and any Magistrate of the second class specially
empowered in this behalf by the Provincial Government may, if he is not a
police-officer, record any statement or confession made to him in the course
of an investigation under this Chapter or at any time afterwards before the
commencement of the inquiry or trial.
2[(1-A) Any such statement may be recorded by such Magistrate in
the presence of the accused, and the accused given an opportunity of crossexamining the witness making the statement.]

(2)
Such statements shall be recorded in such of the manners
hereinafter prescribed for recording evidence as is, in his opinion, best fitted
for the circumstances of the case. Such confessions shall be recorded and
signed in the manner provided in section 364, and such statements or
confessions shall then be forwarded to the Magistrate by whom the case is to
be inquired into or tried.
(3)
A Magistrate shall, 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
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.
Explanation-- It is not necessary that the Magistrate receiving and
recording a confession or statement should be a Magistrate having
jurisdiction in the case.
1
2

Now Art. 37, Qanune-e-Shahadat Order, 1984.
Sub-section (1-A) added by Law Reforms Ord., 1972.

[S. 165]

The Code of Criminal Procedure, 1898

71

165.
Search by police-officer.-- (1) Whenever an officer-in-charge
of a police-station or a police-officer making an investigation has reasonable
grounds for believing that anything necessary for the purposes of an
investigation into any offence which he is authorized to investigate may be
found in any place within the limits of the police-station of which he is in
charge, or to which he is attached, and that such thing cannot in his opinion
be otherwise obtained without undue delay, such officer may, after
recording in writing the grounds of his belief and specifying in such writing,
so far as possible, the thing for which search is to be made, search, or cause
search to be made, for such thing in any place within the limits of such
station:
1[Provided that no such officer shall search, or cause search to be
made, for anything which is in the custody of a bank or banker as defined in
the Bankers' Books Evidence Act, 1891 (XVIII of 1891), and relates, or might
disclose any information which relates, to the bank account of any person
except--

(a)

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

(b)

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

(2)
A police-officer proceeding under sub-section (1) shall, if
practicable, conduct the search in person.
(3)
If he is unable to conduct the search in person, and there is
no other person competent to make the search present at the time, he may,
after recording in writing his reasons for so doing require any officer
subordinate to him to make the search, and he shall deliver to such
subordinate officer an order in writing specifying the place to be searched
and, so far as possible, the thing for which search is to be made; and such
subordinate officer may thereupon search for such thing in such place.
(4)
The provisions of this Code as to search warrants 2[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.
3[(5)
Copies of any record made under sub-section (1) or subsection (3) shall forthwith be sent to the nearest Magistrate empowered to

1
2
3

Added by Code of Criminal Procedure (Amendment) Act (III of 1968), S.3.
Ins. by the Code of Criminal Procedure (Amendment) Act, 1923 S.3.
Sub-section (5) added, ibid.

72

The Code of Criminal Procedure, 1898

[S. 166]

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].
Punjab Amdt. In section 165, for proviso to sub-section (1), the
following proviso, shall be substituted namely:
Provided that no such officer shall search, or cause a search to be
made, for anything which is in the custody of a bank or a banker as defined
in the Banker's Books Evidence Act 1891 (XVIII of 1891) and relates, or might
disclose any information which relates, to the bank account of any person
except with the prior permission in writing of the High Court or the Sessions
Judge within whose jurisdiction such bank or banker, as the case may be, is
situated or carries on business.]1
166.
When officer-in-charge of police-station may require
another to issue search warrant.-- (1) An officer-in-charge of a police-station
or a police-officer not being below the rank of sub-inspector making an
investigation may require an officer-in-charge of another police-station,
whether in the same or a different district, to cause a search to be made in
any place, in any case in which the former officer might cause such search to
be made, within the limits of his own station.
(2)
Such officer, on being so required, shall proceed according to
the provisions of section 165, and shall forward the thing found, if any, to the
officer at whose request the search was made.
(3)
Whenever there is reason to believe that the delay occasioned
by requiring an officer-in-charge 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 the be searched, any place in the limits of another
police-station, in accordance with the provisions of section 165, as if such place
were within the limits of his own station.
(4)
Any officer conducting a search under sub-section (3) shall
forthwith send notice of the search to the officer-in-charge of the policestation 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).
1

Vide Punjab Ord. X of 1972.

[S. 167]

The Code of Criminal Procedure, 1898

73

(5)
The owner or occupier of the place searched 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 reason thinks fit to furnish it free of cost.
167.
Procedure when investigation cannot be completed in
twenty-four hours.-- (1) Whenever any person is arrested and detained in
custody, and it appears that the investigation cannot be completed within the
period of twenty-four hours fixed by section 61, and there are grounds for
believing that the accusation or information is well-founded, the officer-incharge of the police-station or the police-officer making the investigation if
he is not below the rank of the sub-inspector, shall forthwith transmit to the
1[nearest Magistrate] a copy of the entries in the diary hereinafter prescribed
relating to the case, and shall at the same time forward the accused to such
Magistrate.
2[x

x x x x x x x]

(2)
The Magistrate to whom an accused person is forwarded
under this section may, whether he has or has not jurisdiction to try the
cases, 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 3[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 authorize detention in the custody of the police.
(3)
A Magistrate authorizing under this section detention in the
custody of the police shall record his reasons for so doing.
4[(4)
The Magistrate, giving such order shall forward a copy of
his order, with his reasons for making it, to the Sessions Judge.]
5[(5)

Notwithstanding anything contained in sections 60 and 61 or
hereinbefore to the contrary where the accused forwarded under sub-section
(2) is a female the Magistrate shall not except in the cases involving qatl or

1
2

3
4
5

Words "nearest Judicial Magistrates" omitted by Act XXIII of 1997, dated 3.7.1997.
Explanation omitted by the Code of Criminal Procedure (Amendment) Ordinance XXXVII
of 2001, 13.8.2001.
Added explanation by Act XXIII of 1997, dated 3.7.1997.
Subs. by Ordinance XII of 1972.
Sub-Ss. "(5), (6), (7), and Proviso" added by Code of Criminal Procedure (Second
Amendment) Act No. XX of 1994

74

The Code of Criminal Procedure, 1898

[Ss. 168-170]

dacoity supported by reasons to be recorded in writing authorise the
detention of the accused in police custody and the police officer making an
investigation shall interrogate the accused referred to in sub-section (1) in the
prison in the presence of an officer of jail and a female police-officer.
(6)
The officer incharge of the prison shall make appropriate
arrangements for the admission of the investigating police officer into the
prison for the purpose of interrogating the accused.
(7)
If for the purpose of investigation it is necessary that the
accused referred to in 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.]
168.
Report of investigation by subordinate police-officer.-When any subordinate police-officer has made any investigation under this
Chapter, he shall report the result of such investigation to the officer-incharge of the police-station.
169.
Release of accused when evidence deficient.-- If upon an
investigation under this Chapter, it appears to the officer-in-charge of the
police-station or to the police officer making the investigation that there is
not sufficient evidence or reasonable ground of suspicion to justify the
forwarding of the accused to a Magistrate, such officer shall if such person is
in custody, release him on his executing a bond, with or without sureties, as
such officer may direct, to appear, if and when so required, before a
Magistrate empowered to take cognizance of the offence on a police-report
and to try the accused or 1[send] him for trial.
170.
Case to be sent to Magistrate when evidence is sufficient.(1) If, upon an investigation under this Chapter it appears to the officer-incharge of the police-station that there is sufficient evidence or reasonable
ground as aforesaid, such officer shall forward the accused under custody to
a Magistrate empowered to take cognizance of the offence upon a policereport and to try the accused or 2[send] him for trial or, if the offence is
bailable and the accused is able to give security, shall take security from him
for his appearance before such Magistrate on a day fixed and for his
attendance from day to day before such Magistrate until otherwise directed.
1
2

Subs. by Law Reforms Ord., 1972.
Subs. by Ordinance XII of 1972.

[Ss. 171-172]

The Code of Criminal Procedure, 1898

75

(2)
When the officer-in-charge of a police-station forwards an
accused person to a Magistrate or takes 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.
1[(3)

(4)
1926), S.2.

* * *]
[Rep. by the Code of Criminal Procedure (Amdt.) Act (II of

(5)
The officer in whose presence the bond is executed shall
deliver a copy thereof to one of the persons who executed it, and shall then
send to the Magistrate the original with his report.
171.
Complainants and witnesses not to be required to
accompany police-officer.-- No complainant or witness on his way to the
Court of the Magistrate shall be required to accompany a police-officer,
Complainants and witnesses not to be subjected to restraint, or shall be
subjected to unnecessary restraint or inconvenience, or required to give any
security for his appearance other than his own bond:
Recusant complainant or witness may be forwarded in custody. Provided
that, if any compliant or witness refuses to attend or to execute a bond as
directed in section 170, the officer-in-charge of the police-station may
forward him in custody to the Magistrate, who may detain him in custody
until he executes such bond, or until the hearing of the case is completed.
172.
Diary of proceedings in investigation.-- (1) Every police
officer, making an investigation under this Chapter shall day by day enter
his proceedings in the investigation in a diary, setting forth the time at which
the information reached him, the time at which he began and closed his
investigation, the place or places visited by him, and a statement of the
circumstances ascertained through his investigation.
(2)
Any Criminal Court may send for the police-diaries of a case
under inquiry or trial in such Court, and may use such diaries, not as
1

Sub-Section (3)"If the Court of the District Magistrate or Sub-divisional Magistrate is
mentioned in the bond, such Court shall be held to include any Court to which such
Magistrate may refer the case for inquiry or trial, provided reasonable notice of such
reference is given to such complainant or persons." omitted by Law Reforms Ordinance,
1972.

76

The Code of Criminal Procedure, 1898

[S. 173]

evidence in the case, but to aid it in such inquiry or trial. Neither the accused
nor his agents shall be entitled to call for such diaries, nor shall he or they be
entitled to see them merely because they are referred to by the Court; but, if
they are used by the police-officer who made them, to refresh his memory, or
if the Court uses them for the purpose of contradicting such police-officer,
the provisions of the Evidence Act, 1872, section 161 or section 145,1 as the
case may be, shall apply.
173.
Report of police-officer.-- (1) Every investigation under this
Chapter shall be completed without unnecessary delay, and, as soon as it is
completed, the officer-in-charge of the Police-station shall, 2[through the
public prosecutor].
(a)

(b)

forward to a Magistrate empowered to take cognizance of
the offence on a police-report, a report in the form
prescribed by the Provincial Government, setting forth the
names of the parties, the nature of the information and the
names of the persons who appear to be acquainted with the
circumstances of the case, and stating whether the accused
(if arrested) has been forwarded in custody or has been
released on his bond, and, if so, whether with or without
sureties, and
communicate, in such manner as may be prescribed by the
Provincial Government, the action taken by him to the
person, if any, by whom the information relating to the
commission of the offence was first given 3[;]

4[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-in-charge 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 bee recorded, the Court decides that the
trial should not so commence.]

(2)
Where a superior officer of police has been appointed under
section 158, the report shall, in any cases in which the Provincial Government
by general or special order so directs, be submitted through that officer, and
he may, pending the orders of the Magistrate, direct the officer-in-charge of
the police-station to make further investigation.
1
2
3
4

Now Arts. 156 & 140, Qanun-e-Shahadat Order, 1984 respectively.
Added by Code of Crl. P. (Amdt.) Act XXV of 1992, w.e.f. 12.12.1992
Subs. by Act XXV of 1992 w.e.f. 12.12.1992.
Proviso Added by XXV of 1992 w.e.f. 12.12.1992.

[S. 174]

The Code of Criminal Procedure, 1898

77

(3)
Whenever it appears from a report forwarded under this
section that the accused has been released on his bond, the Magistrate shall
make such order for the discharge of such bond or otherwise as he thinks fit.
(4)
A copy of any report forwarded under this section shall, on
application, be furnished to the accused before the commencement of the
inquiry or trial.
Provided that the same shall be paid for unless the Magistrate for
some special reason thinks fit to furnish it free of cost.
1[(5)

Where the officer-in-charge of a police-station forwards a
report under sub-section (1), he shall alongwith the report produce the
witnesses in the case, except the public servants, and the Magistrate shall
bind such witnesses for appearance before him or some other Court on the
date fixed for trial.]
174.
Police to inquire to report in suicide, etc.-- (1) The officerin-charge of a police-station or some other police-officer specially
empowered by the Provincial Government in that behalf, on receiving
information that a person-(a)
(b)
(c)

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, 2[xxx] 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 neighborhood, 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 on the body, and stating in what manner, or by what weapons or
instrument (if any), such marks appear to have been inflicted,
(2)
The report shall be signed by such police-officer and other
persons, or by so many of them as concur therein, and shall be forthwith
forwarded to the 3[concerned] Magistrate.
1
2

3

Clause (5) added by Act XXV of 1992. w.e.f. 12.12.1992.
Words & comma "or by any general or special order of the District or Sub-divisional
Magistrate," omitted by the Code of Criminal Procedure (Amendment) Ordinance XXXVII
of 2001, 13.8.2001.
Subs. for the words "District Magistrate or Sub-Divisional" by the Code of Criminal
Procedure (Amendment) Ordinance XXXVII of 2001, 13.8.2001.

78

The Code of Criminal Procedure, 1898

[Ss. 174A-175]

(3)
When there is any doubt regarding the cause of death or
when for any other reason the police-officer considers it expedient so to do,
he shall, subject to such rules as the Provincial Government may prescribe in
this behalf, forward the body, with a view to its being examined, to the
nearest Civil Surgeon, or other qualified medical man appointed in this
behalf by the Provincial Government, if the state of the weather and the
distance admits of its being so forwarded without risk of such putrefaction
on the road as would render such examination useless.
(4)
1[(5)
inquests.]

[Omitted by A.O., 1949, Sch.]
The Magistrates of the first class are empowered to hold

2[174A.

Grievous injury by burns.-- (1) Where a person, grievously
injured by burns through fire, kerosene oil, acid, chemical or by any other
way, is brought to a Medical Officer on duty designated by the Provincial
Government for this purpose or, such incident is reported to the Officer-inCharge of a Police Station, such Medical Officer on duty, or, as the case may
be, Officer-in-Charge of a Police Station, shall immediately give intimation
thereof to the nearest Magistrate. Simultaneously, the Medical Officer on
duty shall record the statement of the injured person immediately on arrival
so as to ascertain the circumstances and cause of the burn injuries. The
statement shall also be recorded by the Magistrate in case the injured person
is still in a position to make the statement.
(2)
The Medical Officer on duty, or, as the case may be, the
Magistrate, before recording the statement under sub-section (1), shall satisfy
himself the injured person is not under any threat or duress. The statement
so recorded shall be forwarded to the Session Judge and also to the District
Superintendent of Police and Officer-in-Charge of the Police Station, for such
action as may be necessary under this Code.
(3)
If the injured person is unable, for any reason, to make the
statement before the Magistrate, his statement recorded by the Medical
Officer on duty under sub-section (1) shall be sent in sealed cover to the
Magistrate or the Trial Court if it is other than the Magistrate and may be
accepted in evidence as a dying declaration if the injured person expires.]
175.
Power to summon persons.-- (1) A police officer proceeding
under section 174 may, by order in writing summon two or more persons as
aforesaid for the purpose of the said investigation, and any other person who
appears to be acquainted with the facts of the case. Every person so
1

2

Sub-section (5) subs. by the Code of Criminal Procedure (Amendment) Ordinance XXXVII
of 2001, 13.8.2001.
Inst. by Ordinance LXIV of 2001, dated 17.11.2001.

[Ss. 176-178]

The Code of Criminal Procedure, 1898

79

summoned shall be bound to attend and to answer truly all questions other
than questions the answers to which would have a tendency to expose him
to a criminal charge, or to a penalty or forfeiture.
(2)
If the facts do not disclose a cognizable offence to which
section 170 applies, such persons shall not be required by the police-officer to
attend a Magistrate's Court.
176.
Inquiry by Magistrate into cause of death.-- (1) When any
person dies while in the custody of the police, the nearest Magistrate
empowered to hold inquests shall, and in any other case mentioned in
section 174, clauses (a), (b) and (c) of sub-section (1), any Magistrate so
empowered, may hold an inquiry into the cause of death either instead of, or
in addition to, the investigation held by the police-officer, and if he does so,
he shall have all the powers in conducting it which he would have in holding
an inquiry into an offence. The Magistrate holding such an inquiry shall
record the evidence taken by him in connection therewith in any of the
manners hereinafter prescribed according to the circumstances of the case.
(2)
Power to disinter corpses. Whenever such Magistrate
considers it expedient to make an examination of the dead body of any
person who has been already interred, in order to discover the cause of his
death, the Magistrate may, cause the body to be disintered and examined.
PART VI
PROCEEDINGS IN PROSECUTIONS
Chapter XV
OF THE JURISDICTION OF THE CRIMINAL COURTS
OF INQUIRIES AND TRIALS
A.--Place of Inquiry or Trial
177.
Ordinary Place of inquiry and trial.-- Every offence shall
ordinarily be inquired into and tried by a Court within the local limits of
whose jurisdiction it was committed.
178.
Power to order cases to be tried in different sessions
divisions. Notwithstanding anything contained in section 177, the Provincial
Government may direct that any case or class of cases 1[in any district sent
for trial to a Court of Session may be tried in any Sessions division].
2[Provided

that such direction is not repugnant to any direction
previously issued by the High Court under section 526 of the Code or any
other law for the time being in force].

1
2

Subs. by Law Reforms Ord. (XII of 1972).
Subs. by Law Reforms Ord., 1972.

80

The Code of Criminal Procedure, 1898

[Ss. 179-180]

179.
Accused triable in district where act is done or where
consequence ensues. When a person is accused of the commission of offence
by reasons of anything which has been done, and of any consequence which
has ensued, such offence may be inquired into or tried by a Court within the
local limits of whose jurisdiction any such thing has been done, or any such
consequence has ensued.
Illustrations
(a)

(b)

(c)

(d)

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 of 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 Karachi.

180.
Place of trial where act is offence by reason of relation to
other offence.-- When an act is an offence by reason of its relation to any
other act which is also an offence or which would be an offence if the doer
were capable of committing an offence, a charge of the first-mentioned
offence may be inquired into or tried by a Court within the local limits of
whose jurisdiction either act was done.
Illustrations
(a)

(b)

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 local
limits of whose jurisdiction the offence abetted was
committed.
A charge of receiving or retaining stolen goods may be
inquired into or tried either by the Court within the local

[Ss. 181-182]

(c)

The Code of Criminal Procedure, 1898

81

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 place.

181.
Being a thug or belonging to a gang of dacoits, escape from
custody, etc.-- (1) The offence of being a thug, of being a thug and
committing murder, of dacoity, of dacoity with murder, of having belonged
to a gang of dacoits, or of having escaped from custody, may be inquired
into or tried by a Court within the local limits of whose jurisdiction the
person charged is.
(2)
Criminal misappropriation and criminal breach of trust. The
offence of criminal misappropriation or of criminal breach of trust may be
inquired into or tried by a Court within the local limits of whose jurisdiction
any part of the property which is the subject of the offence was received or
retained by the accused person, or the offence was committed.
(3)
Theft. The offence of theft, or any offence which includes
theft or the possession of stolen property, may be inquired into or tried by a
Court within the local limits of whose jurisdiction such offence was
committed or the property stolen was possessed by the thief or by any
person who received or retained the same knowing or having reason to
believe it to be stolen.
(4)
Kidnapping and abduction. The offence of kidnapping or
abduction may be inquired into or tried by a Court within the local limits of
whose jurisdiction the person kidnapped or abducted was kidnapped or
abducted or was conveyed or concealed or detained.
182.
Place of inquiry or trial where scene of offence is uncertain
or not in one district only or where offence is continuing or consists of
several acts.-- When it is uncertain in which of several local areas an offence
was committed, or
where an offence is committed partly in one local area and partly in
another, or
where an offence is a continuing one, and continues to be committed
in more local areas than one, or
where it consists of several acts done in different local areas,
it may be inquired into or tried by a Court having jurisdiction over
any of such local areas.

82

The Code of Criminal Procedure, 1898

[Ss. 183-186]

183.
Offence committed on a journey.-- An offence committed
whilst the offender is in the course of performing a journey or voyage may
be inquired into or tried by a Court through or into the local limits of whose
jurisdiction the offender, or the person against whom, or the thing in respect
of which, the offence was committed, passed in the course of that journey or
voyage.
184.-- [Rep. by the Federal Laws (Revision and Declaration) Act
(XXV of 1951), S. 3 and Second Sched.].
185.
High Court to decide, in case of doubt, district where
inquiry or trial shall take place.-- (1) Whenever a question arises as to which
of two or more Courts subordinate to the same High Court ought to inquire
into or try any offence, it shall be decided by that High Court.
(2)
Where two or more Courts not subordinate to the same High
Court have taken cognizance of the same offence, the High Court within the
local limits of whose appellate criminal jurisdiction the proceedings were
first commenced may direct the trial of such offender to be held in any Court
subordinate to it, and if it so decides all other proceedings against such
person in respect of such offence shall be discontinued. If such High Court,
upon the matter having been brought to its notice, does not so decide, any
other High Court, within the local limits of whose appellate criminal
jurisdiction such proceedings are pending may give a like direction, and
upon its so doing all other such proceedings shall be discontinued.
186.
Power to issue summons or warrant for offence committed
beyond local jurisdiction.—(1) When 1[* * ] a Magistrate's of the first class,
sees reason to believe that any person within the local limits of his
jurisdiction has committed without such limits (whether, within or without
Pakistan an offence which cannot, under the provisions of sections 177 to 184
(both inclusive), or any other law for the time being in force, be inquired into
or tried within such local limits, but is under some law for the time being in
force triable in Pakistan, such Magistrate may inquire into the offence as if it
had been committed within such local limits and compel such person in
manner hereinbefore provided to appear before him, and send such person
to the Magistrate having jurisdiction to inquire into or try such offence, or, if
such offence is bailable, take bond with or without sureties for his
appearance before such Magistrate.
(2)
When there are more Magistrates than one having such
jurisdiction and Magistrate acting under this section cannot satisfy himself as
to the Magistrate to or before whom such person should be sent or bound to
appear, the case shall be reported for the orders of the High Court.
1

Words “a District Magistrate the Provincial Government” omitted by Law Reforms
Ordinance, 1972, item 68 omitted by Ord. XI of 1996 item 12.

[Ss. 187-188]

The Code of Criminal Procedure, 1898

83

187.
Procedure where warrant issued by subordinate
Magistrate.-- (1) If the person has been arrested under a warrant issued
under section 186 1[the Magistrate issuing warrant shall send the arrested
person to the Sessions Judge] to whom he is subordinate, unless the
Magistrate having jurisdiction to inquire into or try such offence issues his
warrant for the arrest of such person, in which case the person arrested shall
be delivered to the police officer executing such warrant or shall be sent to
the Magistrate by whom such warrant was issued.
(2)
If the offence, for which the person arrested is alleged or
suspected to have committed, is one which may be inquired into or tried by
any Criminal Court in the same district other than that of the Magistrate
acting under section 186, such Magistrate shall send such person to such
Court.
188.
Liability for offences committed outside Pakistan. When a
citizen of Pakistan commits an offence at any place without and beyond the
limits of Pakistan, or
When a servant of the 2[State Whether a citizen of Pakistan or not)]
commits an offence in an Acceding State or tribal area, or
when any person commits an offence on any ship or aircraft
registered in Pakistan wherever 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 3[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 4[Extradition Act,
(XII of 1972)] in respect of the same offence in any territory beyond the limits
of Pakistan.
1
2

3
4

Subs. for the Law Reforms Ord., 1972.
Subs. for the A.O., 1961, Art. 2 and Sched., for "Queen (whether a British subject or not)"
(with effect from the 23rd March, 1956).
Subs. for the Federal Adaptation of Laws Order (P.O. 4 of 1975).
Subs. for the Ordinance. XXVII of 1981.

84

The Code of Criminal Procedure, 1898

[Ss. 189-191]

189.
Power to direct copies of depositions and exhibits to be
received in evidence. Whenever any such offence as is referred to in section
188 is being inquired into or tried, the Provincial Government may, if it
thinks fit, direct that copies of depositions made or exhibits produced before
the Political Agent or a judicial officer in or for the territory in which such
offence is alleged to have been committed shall be received as evidence by
the Court holding such inquiry or trial in any case in which such Court
might issue a commission for taking evidence as to the matters to which such
depositions or exhibits relate.
B--Conditions requisite for Initiation of Proceedings
190.
Cognizance of offences by Magistrates. 1[(1) All Magistrate
of the first class, or any other Magistrate specially empowered by the
Provincial Government on the recommendation of the High Court, may take
cognizance of any offence.
(a)
(b)
(c)

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 Sessions for trial.]

2[(2)

A Magistrate taking cognizance under sub-section (1) of an
offence triable exclusively by a Court of Session shall, without recording any
evidence, send the case to the Court of Session for trial.]
3[191.
Transfer an application of the accused.-- When a Magistrate
takes cognizance of an offence under sub-section (1), clause (c), of the
preceding section, the accused shall, before any evidence is taken, be
informed that he is entitled to have the case tried by another Court, and, if
the accused, or any of the accused if there be more than one, objects to being
tried by such Magistrate, the case shall, instead of being tried by such
Magistrate, be 4[sent] 5[x x x x x x], to the Sessions Judge 6[x x x x x x] for
transferred to another Magistrate.
1

2

3
4
5

6

Subs. for the sub-section (1) & (2) by the Code of Criminal Procedure (Amendment)
Ordinance XXXVII of 2001, dated 13.8.2001.
Sub-section (3) renumbered by the Code of Criminal Procedure (Amendment) Ordinance
XXXVII of 2001, dated 13.8.2001.
Section 191 subs. by the Ordinance XII of 1972.
Subs. by Act XXI of 1976.
Omitted the words "in the case of Judicial Magistrate" by the Code of Criminal Procedure
(Amdt.) Ordinance XXXVII dt. 13.8.2001.
Omitted the words ", and in the case of Executive Magistrate, to the District Magistrate" by
the Code of Criminal Procedure (Amendment) Ordinance XXXVII of 2001, dated
13.8.2001.

[Ss. 192-195]

The Code of Criminal Procedure, 1898

85

1[192.

Transfer of cases.--(1) A Sessions Judge may empower any
Judicial Magistrate, who has taken cognizance of any case, to transfer such
case for trial to any other Judicial Magistrate in his district, and such
Magistrate may dispose of the case accordingly].
193.
Cognizance of offences by Courts of Session.-- (1) Except
as otherwise expressly provided by this Code or by any other law for the
time being in force no Court of Session shall take cognizance of any offence
as a Court of original jurisdiction 2[unless the case has been sent to it under
section 190, sub-section 3[(2)]].
(2)
Additional Sessions Judges and Assistant Sessions Judges
shall try such cases only as the Provincial Government by general or special
order may direct them to try or as the Sessions Judge of the division by
general or special order may make over to them for trial.
194.
Cognizance of offences by High Court.-- (1) The High
Court may take cognizance of any offence 4[ * * *] in manner hereinafter
provided.
5[Nothing

herein contained shall 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]
6[xxx]

195.
Prosecution for contempt of lawful authority of public
servants-- (1) No Court shall take cognizance--

1

2
3

4
5

6

(a)

of any offence punishable under sections 172 to 188 of the
Pakistan Penal Code, except on the complaint in writing of
the public servant concerned, or of some other public
servant to whom he is subordinate;

(b)

of any offence punishable under any of the following
sections of the same Code, namely sections 193, 194, 195, 196,
199, 200, 205, 206, 207, 208, 209, 210, 211 and 228, when such
offence is alleged to have been committed in, or in relation

Section 192 subs. by the Code of Criminal Procedure (Amendment) Ordinance XXXVII of
2001, dated 13.8.2001.
Subs. by Law Reforms Ord. (XII of 1972).
Subs. the brackets and figures (3) by the Code of Criminal Procedure (Amendment)
Ordinance XXXVII of 2001, dated 13.8.2001.
The words "upon a commitment made to it," omitted by Law Reforms Ord. 1972.
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), S. 3 and Sch.
(w.e.f. the 14th October, 1955), for the original second paragraph, as amended by the
Amending Act, 1916 (13 of 1916), S. 2 and Sch.; and A.O. 1937.
Sub-section (2) of S. 194, omitted by Federal Laws (revision and Declaration) Ordinance
(XXVII of 1981).

86

The Code of Criminal Procedure, 1898

[S. 195]

to, any proceeding in any Court, except, on the complaint in
writing of such Court or of some other Court to which such
Court is subordinate; or
(c)

of any offence described in section 463 or punishable under
section 471, section 475 or section 476 of the same Code,
when such offence is alleged to have been committed by a
party to any proceeding in any Court in respect of a
document produced or given in evidence in such
proceeding, except on the complaint in writing of such
Court, or of some other Court to which such Court is subordinate.

(2)
In clauses (b) and (c) of sub-section (1), the term "Court"
includes a Civil, Revenue or Criminal Court, but does not include a Registrar
or Sub-Registrar under the 1[Registration Act, 1908].
(3)
For the purposes of this section, a Court shall be deemed to
be subordinate to the Court to which appeals ordinarily lie from the
appealable decrees or sentences of such former Court, or in the case of a Civil
Court from whose decrees no appeal ordinarily lies, to the principal Court
having ordinary original Civil jurisdiction within the local limits of whose
jurisdiction such Civil Court is situate:
Provided that--(a)
where appeals lie to more than one Court, the Appellate
Court of inferior jurisdiction shall be the Court to which
such Court shall be deemed to be subordinate; and
(b)
where appeals lie to a Civil and also to a Revenue Court,
such Court shall be deemed to be subordinate to the Civil or
Revenue Court according to the nature of the case or
proceeding in connection with which the offence is alleged
to have been committed.
(4)
The provisions of sub-section (1), with reference to the
offences named therein, apply also to criminal conspiracies to commit such
offences and to the abetment of such offences, and attempts to commit them.
(5)
Where a complaint has been made under sub-section (1)
clause (a), by a public servant, any authority to which such public servant is
subordinate may order the withdrawal of the complaint and, if it does so, it
shall forward a copy of such order to the Court, and upon receipt thereof by
the Court, no further proceedings shall be taken on the complaint.

1

Subs. the words comma and figure "Indian Registration Act, 1877" by Law Reforms Ord.
(XII of 1972).

88

The Code of Criminal Procedure, 1898

[S. 198]

196.
Prosecution for offences against the State. No Court shall
take cognizance of any offence punishable under Chapter VI or IX-A of the
Pakistan Penal Code (except section 127), or punishable under section 108-A,
or section 153-A or section 294-A, or section 295-A or section 505 of the same
Code, unless upon complaint made by order of or under authority from, the
Central Government or the Provincial Government concerned, or some
officer empowered in this behalf by either of the two Governments.
196-A. Prosecution for certain classes of criminal conspiracy. No
Court shall take cognizance of the offence of criminal conspiracy punishable
under section 120-B of the Pakistan Penal code.
(1)
in a case where the object of the conspiracy is to commit
either an illegal act other than an offence, or a legal act by illegal means, or
an offence to which the provisions of section 196 apply, unless upon
complaint made by order or under authority from the Central Government
or the Provincial Government concerned or some officer empowered in this
behalf by either of the two Governments, or
(2)
in a case where the object of the conspiracy is to commit any
non-cognizable offence, or a cognizable offence not punishable with death,
1[imprisonment for life] or rigorous imprisonment for a term of two years or
upwards, unless the Provincial Government or 2officer-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 (94) of section 195 apply no such consent shall be
necessary.
196-B. Preliminary inquiry in certain cases. In the case of any
offence in respect of which the provisions of section 196 or section 196-A
apply, 3[officer-in-charge of the investigation in the district] may,
notwithstanding anything contained in those sections or in any other part of
this Code, order a preliminary investigation by a police-officer not being
below the rank of Inspector, in which case such police-officer shall have the
powers referred to in section 155, sub-section (3).
197.
Prosecution of Judges and public servants. (1) When any person
who is a Judge within the meaning of section 19 of the Pakistan Penal Code, or when
any Magistrate, or when any public servant who is not removable from his office

1
2

3

Subs. by P.O. IV of 1975
Subs. for the words "a District Magistrate" by the Code of Criminal Procedure (Amdt) Ord.,
XXXVII of 2001, 13.8.2001.
Subs. for the words "a District Magistrate " by the Code of Criminal Procedure (Amdt.)
Ord., XXXVII of 2001, 13.8.2001.

89

The Code of Criminal Procedure, 1898

[S. 198A]

save by or with the sanction of the Central Government or a Provincial
Government, is accused of any offence alleged to have been committed by
him while acting or purporting to act in the discharge of his official duty, no
Court shall take cognizance of such offence except when the previous
sanction-(a)

in the case of a person employed in connection with the
affairs of the 1Federation of the President; and

(b)

in the case of a person employed in connection with the
affairs of a Province, of the Governor of that Province.

(2)
Power of President or Governor as to prosecution. The President
or Governor, as the case may be, may determine the person by whom, the
manner in which, the offence or offences for which, the prosecution of such
Judge, Magistrate or public servant is to be conducted, and may specify the
Court before which the trial is to be held.
198.
Prosecution for breach of contract, defamation and
offences against marriage. Not Court shall take cognizance of an offence
falling under Chapter XIX or Chapter XXI of the Pakistan Penal Code or
under sections 493 to 496 (both inclusive) of the same Code, except upon a
complaint made by some person aggrieved by such offence:
Provided that, where the person so aggrieved is a woman who,
according to the customs and manners of the country, ought not to be
compelled to appear in public, or where such person is under the age of
eighteen years or is an idiot or lunatic, or is from sickness or infirmity
unlable 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 (1) of section 199-B may, with
the leave of the Court, make a complaint on his behalf.
2[N.W.F.P. Amendment. In Section 198 of the Code, omit the words
"or under sections 493 to 496 (both inclusive) of the same code"; and the
second proviso to this section.]

1
2

Subs. by P.O. IV of 1975
Vide NWFP Act XXVI of 1950.

90

The Code of Criminal Procedure, 1898

[S. 198]

1[198-A. Prosecution

for defamation against public servants in
respect of their conduct in the discharge of public functions.-- (1)
Notwithstanding anything contained in this Code, when any offence falling
under Chapter XXI of the Pakistan Penal Code (Act XLV of 1860) is alleged to
have been committed against the President, the Prime Minister, a Federal
Minister of State, Governor, Chief Minister or Provincial Minister or any
public servant employed in connection with the affairs of the Federation or
of a Province, in respect of his conduct in the discharge of his public
functions, a Court of Session may take cognizance of such offence, without
the accused being committed to it for trial, upon a complaint in writing made
by the Public Prosecutor.
(2)
Every such complaint shall set forth the facts which
constitute the offence alleged, the nature of such offence and such other
particulars as are reasonably sufficient to give notice to accused of the
offence alleged to have been committed by him.
(3)
No complaint under sub-section (1) shall be made by the
Public Prosecutor except with the previous sanction,
(a)

in the case of the President or the Prime Minister or a
Governor, of any Secretary to the Government authorised by
him in this behalf;

(b)

in the case of a Federal Minister or Minister of State, or
Provincial Minister, or any Secretary to the Government
authorised in this behalf by the Government concerned;

(c)

in the case of any public servant employed in connection
with the affairs of the Federation or of a Province, of the
Government concerned.

(4)
No Court of Session shall take cognizance of an offence
under sub-section (1), unless the complaint is made within six months from
the date on which the offence is alleged to have been committed.
(5)
When the Court of Session takes cognizance of an offence
under sub-section (1), then notwithstanding anything contained in this Code,
the Court of Session shall try the case without the aid of jury or assessors and
in trying the case shall follow the procedure prescribed for the trial by
Magistrates of warrant cases instituted otherwise than on a police report.
(6)
The provisions of this section shall be in addition to, and not
in derogation of those of section 198.

1

Section 198-A inserted by Act XXV 1974.

[S. 198A]

The Code of Criminal Procedure, 1898

91

1[199.

Prosecution for adultery or enticing a married woman.
Court shall take cognizance of an offence under section 497 or section
498 of the Pakistan Penal Code, except-2[No

(a)

upon a report in writing made by a police-officer on the
complaint of the husband of the woman, or in his absence,
by some person who had care of such woman on his behalf
at the time when such offence was committed; or

(b)

upon a complaint made by the husband of the woman or, in
his absence, made with the leave of the Court by some
person who had care of such woman on his behalf at the
time when such offence was committed:]

3[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 force 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 complaint on his behalf].
4[N.W.F.P.

Amendment. Delete Section 199]

199-A. Objection by lawful guardian to complaint by person other
than person aggrieved. When in any case falling under section 198 or section
199 the person on whose behalf the complaint is sought to be made is under
the age of eighteen years or is a lunatic, and the person applying for leave
has not been appointed or declared, by competent authority to be the
guardian of the person of the said minor or lunatic, and the Court is satisfied
that there is a guardian, so appointed or declared, notice shall be given to
such guardian, and the Court shall, before granting the application, give him
a reasonable opportunity of objecting to the granting thereof.
199-B. Form of authorisation under second proviso to sections 198
or 199. -- (1) The authorisation of a husband given to another person to make
a complaint on his behalf under the second proviso to section 198 or the
1
2
3
4

Subs. by Ordinance XII of 1972.
Subs. by Ordinance XII of 1972.
Ins. by Act 18 of 1923, S. 52.
Vide N.W.F.P. Act XXVI of 1950.

92

The Code of Criminal Procedure, 1898

[Ss. 199-199B]

second proviso to section 199 shall be in writing, shall be signed or,
otherwise attested by the husband, shall contain a statement to the effect that
he has been informed of the allegations upon which the complaint is to be
founded, shall be countersigned by the Officer referred to in the said
provisos, and shall be accompanied by a certificate signed by that Officer to
the effect that leave of absence for the purpose of making a complaint in
person cannot for the time being be granted to the husband.
(2)
Any document purporting to be such an authorisation and
complying with the provisions of sub-section (1), and any document
purporting to be a certificate required by that sub-section shall, unless the
contrary is proved, be presumed to be genuine and shall be received in
evidence.
1[N.W.F.P.

Amendment. In section 199-A of the Code; omit the
words "or section 199" and delete section 199-B]
Chapter XVI
OF COMPLAINTS TO MAGISTRATES
200.
Examination of complainant. A Magistrate taking
cognizance of an offence on complaint shall at once examine the complainant
upon oath, and the substance of the examination shall be reduced to writing
and shall be signed by the complainant, and also by the Magistrate:
Provided as follows:

1
2

(a)

when the complaint is made in writing, nothing herein
contained shall be deemed to require a Magistrate to
examine the complainant before transferring the case under
section 192 2[or sending it to the Court of Session];

(aa)

when the complaint is made in writing nothing herein
contained shall be deemed to require the examination of
Complainant in any case in which the complaint has been
made by a Court or by a public servant acting or purporting
to act in the discharge of his official duties;

(b)

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

(c)

when the case has been transferred under section 192 and
the Magistrate so transferring it has already examined the
complainant, the Magistrate to whom it is so transferred
shall not be bound to re-examine the complainant.

Vide N.W.F.P. Act XXVI of 1950.
Added by Act XXI of 1976.

[S. 200]

The Code of Criminal Procedure, 1898

93

201.
Procedure by Magistrate not competent to take cognizance
of the case. -- (1) If the complaint has been made in writing to a Magistrate
who is not competent to take cognizance of the case, he shall return the
complaint for presentation to the proper Court with an endorsement to that
effect.
(2)
If the complaint has not been made in writing, such
Magistrate shall direct the complainant to the proper Court.
1[202.

Postponement for issue of process.-- (1) Any Court, on
receipt of a complaint of an offence of which it is authorised to take
cognizance, or which has been sent to it under section 190, sub-section (3), or
transferred to it under section 191 or section 192, may, if it thinks fit, for
reason to be recorded, postpone the issue of process for compelling the
attendance of the person complained against, and either inquire into the case
itself or direct an inquiry or investigation to be made by 2[any Justice of the
Peace, or by] a Police Officer, or by such other person at it thinks, fit for the
purpose of ascertaining the truth or falsehood of the complaint:
Provided that, save where the complaint has been made by a Court,
no such direction shall be made unless the complainant has been examined
on oath under the provisions of section 200.
(2)
A Court of Session may, instead of directing an investigation
under the provisions of sub-section (1), direct the investigation to be made
by any Magistrate 3[or Justice of the Peace] subordinate to it for the purpose
of ascertaining the truth or falsehood of the complaint.
(3)
If any inquiry or investigation under this section is made by
a person not being a Magistrate, 4[or Justice of the Peace] or a Police Officer
such person shall exercise all the powers conferred by this Code on an
officer-in-charge of a police-station, except that he shall not have power to
arrest without warrant.
(4)
Any Court inquiring into a case under this section may, if it
thinks fit, take evidence of witness on oath.
203.
Dismissal of complaints. 5[The Court] before whom a
complaint is made or to whom it has been transferred or 6[sent] may dismiss
the complaint, if, after considering the statement on oath (if any) of the
complainant and the result of the investigation or inquiry (if any) under
1
2
3
4
5
6

Subs. by Act XXI of 1976.
Subs. by Act XXI of 1976
Subs. by Act XXI of 1976
Subs. by Act XXI of 1976
Subs. by Law Reforms Ord., 1972.
Inserted by ibid.

94

The Code of Criminal Procedure, 1898

[Ss. 201-203]

section 202 there is in his judgment no sufficient ground for proceeding. In
such cases she shall briefly record his reasons for so doing.
1[203A.

Complaint in case of Zina.-- (1) No Court shall take
cognizance of an offence under Section 5 of the Offence of Zina (Enforcement
of Hudood) Ordinance, 1979 (VII of 1979), except on a complaint lodged in a
Court of competent jurisdiction.
(2)
The Presiding Officer of a Court taking cognizance of an
offence on a complaint shall at once examine the complainant and at least
four adult eye-witnesses, about whom the Court is satisfied having regard to
the requirement of tazkiyah-al-shahood, that they are truthful persons and
abstain from major sins (kabir), of the act of penetration necessary to the
offence:
Provided that, if the accused is a non-Muslim, the eye-witnesses may
be non-Muslims.
Explanation.-- In this section "tazkiyah-al-shahood" means the mode
of inquiry adopted by a Court to satisfy itself as to the credibility of a
witness.
(3)
The substance of the examination of the complainant and the
eye-witnesses shall be reduced to writing and shall be signed by the
complainant and the eye-witnesses and also by the Presiding Officer of the
Court.
(4)
If in the opinion of the Presiding Officer of a Court, there is
sufficient ground for proceeding, the Court shall issue a summons for the
personal attendance of the accused.
(5)
The Presiding Officer of a Court before whom a complaint is
made or to whom it has been transferred may dismiss the complaint, if, after
considering the statements on oath of the complainant and the four or more
eye-witnesses there is, in his judgment, no sufficient ground for proceeding
and in such case he shall record his reasons for so doing.
203B. Complaint in case of Qazf.-- (1) Subject to sub-section (2) of
Section 6 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (VII
of 1979), no Court shall take cognizance of an offence under section 7 of the
said Ordinance, except on a complaint lodged in a Court of competent
jurisdiction.
(2)
The Presiding Officer of a Court taking cognizance of an
offence on a complaint shall at once examine on oath of the complainant and
1

Sections 203A to 203C inst. by the Protection of Women (Criminal Laws Amendment) Act
(VI of 2006), 2nd December, 2006.

[S. 203A-203B]

The Code of Criminal Procedure, 1898

95

the witnesses as mentioned in section 6 of the Offence of Qazf (Enforcement
of Hadd) Ordinance, 1979 (VII of 1979) of the act of Qazf necessary to the
offence.
(3)
The substance of the, examination of the complainant and
the witnesses shall be reduced to writing and shall be signed by the
complainant, and the witnesses, as the case may be, and also by the
Presiding Officer of the Court.
(4)
If in the opinion of the Presiding Officer of a Court, there is
sufficient ground for proceeding the Court shall issue summons for the
personal attendance of the accused.
(5)
The Presiding Officer of a Court before whom a complaint is
made or to whom it has been transferred may dismiss the complaint, if, after
considering the statements on oath of the complainant there is, in his
judgment, no sufficient ground for proceeding and in such case he shall
record his reasons for so doing."
203-C. Complaint in case of fornication. (1) No Court shall take
cognizance of an offence under section 496B of the Pakistan Penal Code,
except on a complaint lodged in a Court of competent jurisdiction.
(2)
The Presiding Officer of a Court taking cognizance of an
offence shall at once examine on oath the complainant and at least two eyewitnesses to the act of fornication.
(3)
The substance of the examination of the complainant and the
eye-witnesses shall be reduced to writing and shall be signed by the
complainant and the witnesses, as the case may be, and also by the Presiding
Officer of the Court.
(4)
If in the opinion of the Presiding Officer of a Court, there is
sufficient ground for proceeding the Court shall issue a summons for the
personal attendance of the accused:
Provided that the Presiding Officer of a Court shall not require the
accused to furnish any security except a personal bond, without sureties, to
ensure attendance before the Court in further proceedings.
(5)
The Presiding Officer of a Court before whom a complaint is
made or to whom it has been transferred may dismiss the complaint, if, after
considering the statements on oath of the complainant and the witnesses
there is, in his judgment, no sufficient ground for proceedings and in such
case he shall record his reasons for so doing.
(6)
Notwithstanding the foregoing provisions or anything
contained in any other law for the time being in force no complaint under
this section shall be entertained against any person who is accused of zina
under section 5 of the Offence of Zina (Enforcement of Hudood) Ordinance,

96

The Code of Criminal Procedure, 1898

[S. 203C]

1979 (Ordinance No. VII of 1979) and against whom a complaint under
section 203A of the Code is pending or has been dismissed or who has been
acquitted or against any person who is complainant or a victim in a case of
rape, under any circumstances whatsoever.]
Chapter XVII
OF THE COMMENCEMENT OF
PROCEEDINGS BEFORE 1[COURT]
204.
Issue of process.-- (1) If in the opinion of a 2[Court] taking
cognizance of an offence there is sufficient ground for proceeding, and the
case appears to be one in which, according to the fourth column of the
Second Schedule, a summons should issue in the first instance, [it] shall issue
his summons for the attendance of the accused. If the case appears to be one
in which, according to that column, a warrant should issue in the first
instance, [it] may issue a warrant, or, if [it] think fit, a summons, for causing
the accused to be brought or to appear at a certain time before such [Court]
or (if [it] has not jurisdiction [itself] some other [Court] having jurisdiction.
(2)
Nothing in this section shall be deemed to affect the
provisions of section 90.
(3)
When by any law for the time being in force any process fees
or other fees are payable, no process shall be issued until the fees are paid,
and if such fees are not paid within a reasonable time, the 3[Court] may
dismiss the complaint.
205.
Magistrate may dispense with personal attendance of
accused.-- (1) Whenever a Magistrate issues a summons, he may, if he sees
reason so to do, dispense with the personal attendance of the accused, and
permit him to appear by his pleader.
(2)
But the Magistrate inquiring into or trying the case may, in
his discretion, at any stage of the proceedings, direct the personal attendance
of the accused, and, if necessary, enforce such attendance in manner
hereinbefore provided.
Chapter XVIII
OF INQUIRY INTO CASES TRIABLE
BY THE COURT OF SESSION OR HIGH COURT
206-220 [Chapter XVIII consisting of sections 206-220 omitted by
Law Reforms Ordinance, 1972].

1
2
3

Subs. by Law Reforms Ordinance, 1972 w.e.f. 26.12.1975.
Subs. by Law Reforms Ord., 1972.
Subs. by Law Reforms Ord. (XII of 1972).

[Ss. 204-220]

The Code of Criminal Procedure, 1898

97

Chapter XIX
OF THE CHARGE FORM OF CHARGES
221.
Charge to state offence.-- (1) Every charge under this Code
shall state the offence with which the accused is charged.
(2)
Specific name of offence sufficient description. If the law
which creates the offence give it any specific name, the offence may be
described in the charge by that name only.
(3)
How stated where offence has no specific name. If the law
which creates the offence does not give it any specific name, so much of the
definition of the offence must be stated as to give the accused notice of the
matter with which he is charged.
(4)
The law and section of the law against which the offence is
said to have been committed shall be mentioned in the charge.
(5)
What implied in charge. The fact that the charge is made is
equivalent to a statement that every legal condition required by law to
constitute the offence charged was fulfilled in the particular case.
(6)
Language of charge. The charge shall be written either in
English or in the language of the Court.
(7)
Previous conviction when to be set out. 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 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, Court may add it any time before sentence is
passed.
Illustrations
(a)

A is charged with the murder of B. This is equivalent to a
statement that A's 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 previous to that
exception apply to it.

(b)

A is charged, under section 326 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

98

The Code of Criminal Procedure, 1898

[S. 221]

that the case was not provided for by section 335 of the
Pakistan Penal Code, and that the general exceptions did not
apply to it.
(c)

A is accused of murder, cheating, theft, extortion, adultery
or criminal intimidation, or using a false property-mark. The
charge may state that A committed murder, or cheating, or
theft, or extortion, or adultery, or criminal intimidation, or
that he used a false property-mark, without reference of the
definitions to those crimes contained in the Pakistan Penal
Code; but the sections under which the offence is
punishable, must in each instance, be referred to in the
charge.

(d)

A is charged, under section 184 of the Pakistan Penal Code
with intentionally obstructing a sale of property offered for
sale by the lawful authority of a public servant. The charge
should be in those words.

222.
Particulars as to time, place and person.-- (1) The charge
shall contain such particulars as to the time and place of the alleged offence,
and the person (if any) against whom, or the thing (if any) in respect of
which, it was committed, as are reasonably sufficient to give the accused
notice of the matter with which he is charged.
(2)
When the accused is charged with criminal breach of trust or
dishonest misappropriation of money, it shall be sufficient to specify the
gross sum in respect of which the offence is alleged to have been committed,
and the dates between which the offence is alleged to have been committed,
without specifying particular items or exact dates, and the charge so framed
shall be deemed to be a charge of one offence within the meaning of section
234:
Provided that the time included between the first and last of such
dates shall not exceed one year.
223.
When manner of committing offence must be stated. When
the nature of the case is such that the particulars mentioned in sections 221
and 222 do not give the accused sufficient notice of the matter with which he
is charged, the charge shall also contain such particulars of the manner in
which the alleged offence was committed as will be sufficient for the
purpose.

[Ss. 222-223]

The Code of Criminal Procedure, 1898

99

Illustrations
(a)

A is accused of the theft of a certain article at a certain time
and place. The charge need not set out the manner in which
the theft was effected.

(b)

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

(c)

A is accused of giving false evidence at a given time and
place. The charge must set out that portion of the evidence
given by A which is alleged to be false.

(d)

A is accused of obstructing B, a public servant, in the
discharge of his public functions at a given time and place.
The charge must set out the manner in which A obstructed B
in the discharge of his functions.

(e)

A is accused of the murder of B at a given time and place.
The charge need not state the manner in which A murdered
B.

(f)

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

224.
Words in charge taken in sense of law under which offence
is punishable. In every charge words used in describing an offence shall be
deemed to have been used in the sense attached to them respectively by the
law under which such offence is punishable.
225.
Effect of errors. No error in stating either the offence or the
particulars required to be stated in the charge, and no omission to state the
offence or those particulars, shall be regarded at any stage of the case as
material, unless the accused was in fact misled by such error or omission,
and it has occasioned a failure of justice.
Illustrations
(a)

A is charged under section 242 of the Pakistan Penal Code,
with "having been in possession of counterfeit coin, having
known at the time when he became possessed thereof that
such coin was counterfeit," the word "fraudulently" being
omitted in the charge. Unless it appears that A was in fact
misled by this omission, the error shall not be regarded as
material.

(b)

A is charged with cheating B, and the manner in which he
cheated B is not set out in the charge, or is set out incorrectly.

100

The Code of Criminal Procedure, 1898

[Ss. 224-225]

A defends himself, calls witnesses and gives his own
account of the transaction. The Court may infer from this
that the omission to set out the manner of the cheating is not
material.
(c)

A is charged with cheating B, and the manner in which he
cheated B is not set out in the charge. There were many
transactions between A and B, and A had no means of
knowing to which of them the charge referred and offered
no defence. The Court may infer from such facts that the
omission to set out the manner of the cheating was, in the
case, a material error.

(d)

A is charged with the murder of Khuda Bakhsh on the 21st
January 1882. In fact, the murdered person's name was
Haider Baksh, and the date of the murder was the 20th
January, 1882. A was never charged with any murder but
one, and had heard the 1[trial] before the Magistrate, which
referred exclusively to the case of Haider Baksh. The Court
may infer from these facts that A was not misled, and that
the error in the charge was immaterial.

(e)

A was charged with murdering Haider Bakhsh on the 20th
January, 1882, and Khuda Bakhsh (who tried to arrest him
for that murder) on the 21st January 1882 when charged for
the murder of Haider Bakhsh, he was tried for the murder of
Khuda Bakhsh. The witnesses present in his defence were
witnesses in the case of Haider Bakhsh. The Court may infer
from this that A was misled, and that the error was material.

226.

[Omitted by Law Reforms Ordinance (XII of 1972).]

227.
Court may alter charge. -- (1) Any Court may alter or add to
any charge at any time before judgment is pronounced 2[* * * * * *].
(2)
Every such alteration or addition shall be read and explained
to the accused.
228.
When trial may proceed immediately after alteration. If the
charge framed or alteration or addition made under 3[* * *] section 227 is such
that proceeding immediately with the trial is not likely, in the opinion of the
Court, to prejudice the accused in his defence or the prosecutor in the
conduct of the case, the Court may, in its discretion, after such charge or
1
2
3

Subs. by Law Reforms Ord., 1972.
Subs. by Law Reforms Ord., 1972.
Words and figure "Section 226 or" omitted by the Act XXI of 1976.

[Ss. 226-228]

The Code of Criminal Procedure, 1898

101

alteration or addition has been framed or made, proceed with the trial as if
the new or altered charge had been the original charge.
229.
When new trial may be directed, or trial suspended. If the
new or altered or added charge is such that proceeding immediately with the
trial is likely, in the opinion of the Court, to prejudice the accused or the
prosecutor as aforesaid, the Court may either direct a new trial or adjourn
the trial for such period as may be necessary.
230.
Stay of proceedings if prosecution of offence is altered
charge require previous sanction. If the offence stated in the new or altered
or added charge is one for the prosecution of which previous sanction is
necessary, the case shall not be proceeded with until such sanction is
obtained, for a prosecution on the same facts as those on which the new or
altered charge is founded.
231.
Recall of witnesses when charge altered. Whenever a
charge is altered or added to by the Court after the commencement of the
trial, the prosecutor and the accused shall be allowed to recall or resummon,
and examine with reference to such alteration or addition, any witness who
may have been examined, and also to call any further witness whom the
Court may think to be material.
232.
Effect of material error.-- (1) If any Appellate Court, or the
High Court 1[or the Court of Session] in the exercise of its powers of revision
or of its powers under Chapter XXVII is of opinion that any person convicted
of an offence was misled in his defence by the absence of a charge or by an
error in the charge, it shall direct a new trial to be had upon a charge framed
in whatever manner it thinks fit.
(2)
If the Court is of opinion that the facts of the case are such
that no valid charge could be preferred against the accused in respect of the
facts proved, it shall quash the conviction.
Illustration
A is convicted of an offence, under section 196 of the Pakistan Penal
Code, upon a charge which omits to state that he knew the evidence, which
he corruptly used or attempted to use as true or genuine, was false or
fabricated. If the Court thinks it probable that A had such knowledge, and
that he was misled in his defence by the omission from the charge of the
statement that he had it, it shall direct a new trial upon an amended charge
but if it appears probable from the proceedings that A had no such
knowledge, it shall quash the conviction.

1

Ins. by Pak. Ordi. XXIV of 1975.

102

The Code of Criminal Procedure, 1898

[Ss. 229-232]

Joinder of charges
233.
Separate charges for distinct offences. For every distinct
offence of which any person is accused there shall be a separate charge, and
every such charge shall be tried separately except in the cases mentioned
sections 234, 235, 236 and 239.
Illustration
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.
234.
Three offences of same kind within year may be charged
together. (1) When a person is accused of more offences than one of the same
kind committed within the space of twelve months from the first to the last
of such offences, whether in respect of the same person or not, he may be
charged with, and tried at one trial for, any number of them not exceeding
three.
(2)
Offences are of the same kind when they are punishable
with the same amount of punishment under the same section of the Pakistan
Penal Code or of any special or local law:
Provided that, for the purpose of this section, an offence punishable
under section 379 of the Pakistan Penal Code shall be deemed to be an
offence of the same kind as an offence punishable under section 380 of the
said Code, and that an offence punishable under any section of the Pakistan
Penal Code, or of any special or local law, shall be deemed to be an offence of
the same kind as an attempt to commit such offence, when such an attempt is
an offence.
235.
Trial for more than one offence.-- (1) If, in one series of acts
so connected together as to form the same transaction, more offences than
one are committed by the same person, he may be charged with, and tried at
one trial for, every such offence.
(2)
Offence falling within two definitions. If the acts alleged
constitute an offence falling within two or more separate definitions of any
law in force for the time being by which offences are defined or punished,
the person accused of them may be charged with, and tried at one trial for,
each of such offences.
(3)
Acts constituting one offence, but constituting when combined a
different offence. If several acts, of which one or more than one would by itself
or themselves constitute an offence, constitute when combined a different
offence, the person accused of them may be charged with, and tried at one

103

The Code of Criminal Procedure, 1898

[Ss. 233-235]

trial for the offence constituted by such acts when combined, and for any
offence constituted by any one, or more, of such acts.
(4)
Nothing contained in this section shall affect the Pakistan
Penal Code, section 71.
Illustrations
to sub-section (1)-(a)

a rescues B, a person in lawful custody, and in so doing
causes grievous hurt to C, a constable in whose custody B
was. A may be charged with and convicted of offences u/S.
225 and 333 of the Pakistan Penal Code.

(b)

A commits house-breaking by day with intent to commit
adultery, and commits in the house so entered adultery with
B's wife. A may be separately charged with, and convicted
of, offences under sections 454 and 497 of the Pakistan Penal
Code.

(c)

A entices B, the wife of C, away from C, with intent to
commit adultery with B, and then commits adultery with
her. A may be separately charged with, and convicted of,
offences under sections 498 and 497 of the Pakistan Penal
Code.

(d)

A has in his possession several seals, knowing them to be
counterfeit and intending to use them for the purpose of
committed several forgeries punishable under section 466 of
the Pakistan Penal Code. A may be separately charged with,
and convicted of the possession of each seal under section
473 of the Pakistan Penal Code.

(e)

With intent to cause injury to B, A institutes a criminal
proceeding against him, knowing that there is no just or
lawful ground for such proceeding; and also falsely accuses
B of having committed an offence, knowing that there is no
just or lawful ground for such charges. A may be separately
charged with, and convicted of, two offences under section
211 of the Pakistan Penal Code.

(f)

A, with intent to cause injury to B, falsely accuses him of
having committed an offence, knowing that there is no just
or lawful ground for such charge. On the trial A gives false
evidence against B, intending thereby to cause B to be
convicted of a capital offence. A may be separately charged

[S. 235]

The Code of Criminal Procedure, 1898

104

with, and convicted of, offences, under sections 211 and 194
of the Pakistan Penal Code.
(g)

A, with six others, commits the offences of rioting, grievous
hurt and assaulting a public servant endeavouring in the
discharge of his duty as such to suppress the riot. A may be
separately charged with, and convicted of, offences under
section 147, 325 and 152 of the Pakistan Penal Code.

(h)

A threatens B, C and D at the same time with injury to their
persons with intent to cause alarm to them. A may be
separately charged with, and convicted of, each of the three
offences under section 506 of the Pakistan Penal Code.

The separate charges referred to in Illustrations (a) to (h) respectively
may be tried at the same time.
to sub-section (2)-(i)

A wrongfully strike B with a cane. A may be separately
charged with and convicted of, offences under sections 352
and 323 of the Pakistan Penal Code.

(j)

Several stolen sacks of corn are made over to A and B, who
know they are stolen property, for the purpose of concealing
them. A and B thereupon voluntarily assist each other to
conceal the sacks at the bottom of a grain pit. A and B may
be separately charged with, and convicted of, offences under
sections 411 and 414 of the Pakistan Penal Code.

(k)

A exposes her child with the knowledge that she is thereby
likely to cause its death. The child dies in consequence of
such exposure. A may be separately charged with, and
convicted of, offences under sections 317 and 304 of the
Pakistan Penal Code.

(l)

A dishonestly uses a forged document as genuine evidence,
in order to convict B, a public servant, of an offence under
section 167 of the Pakistan Penal Code. A may be separately
charged with, and convicted of, offences under sections 471
(read with 466) and 196 of the same Code.

to sub-section (3)-(m)

A commits robbery on B, and in doing so voluntarily causes
hurt to him. A may be separately charged with, and
convicted of, offences under sections 323, 392 and 394 of the
Pakistan Penal Code.

105

The Code of Criminal Procedure, 1898

[S. 235]

236.
Where it is doubtful what offence has been committed. If a
single act or series of acts is of such a nature that it is doubtful which of
several offences, the facts which can be proved will constitute the accused
may be charged with having committed all or any of such offences, and any
number of such charges may be tried at once; or he may be charged in the
alternative with having committed some one of the said offences.
Illustrations
(a)

A is accused of an act which may amount to theft, receiving
stolen property, or criminal breach of trust or cheating. He
may be charged with theft, receiving stolen property,
criminal breach of trust and cheating, or he may be charged
with having committed theft, or receiving stolen property, or
criminal breach of trust or cheating.

(b)

A states on oath before the Magistrate that he saw B hit C
with a club. Before the Sessions Court A states on oath that B
never hit C. A may be charged in the alternative and
convicted of intentionally giving false evidence, although it
cannot be proved which of these contradictory statements
was false.

237.
When a person is charged with one offence, he can be
convicted of another.-- (1) If, in the case mentioned in section 236, the
accused is charged with one offence, and it appears in evidence that he
committed a different offence for which he might have been charged under
the provisions of that section, he may be convicted of the offence which he is
shown to have committed, although he was not charged with it.
(2)
[Rep. by the Code of Criminal Procedure (Amendment) Act,
1923 (18 of 1923), S. 63].
Illustration
A is charged with theft. It appears that he committed the offence of
criminal breach of trust, or that of receiving stolen goods. He may be
convicted of criminal breach of trust or of receiving stolen goods (as the case
may be) though he was not charged with such offence.
238.
When offence proved included in offence charged.-- (1)
When a person is charged with an offence consisting of several particulars, a
combination of some only of which constitutes a complete minor offence,
and such combination is proved, that the remaining particulars are not
proved, he may be convicted of the minor offence, though he was not
charged with it.

[Ss. 236-238]

The Code of Criminal Procedure, 1898

106

(2)
When a person is charged with an offence and facts are
proved which reduce it to a minor offence, he may be convicted of the minor
offence, although he is not charged with it.
1(2-A)
When a person is charged with an offence, he may be
convicted of an attempt to commit such offence although the attempt is not
separately charged.

(3)
Nothing in this section shall be deemed to authorize a
conviction of any offence referred to in section 198 or section 199 when no
complaint has been made as required by that section.
Illustrations
(a)

A is charged, under section 407 of the Pakistan Penal Code,
with criminal breach of trust in respect of property entrust 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 u/S. 406.

(b)

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

239.
What persons may be charged jointly. The following person
may be charged and tried together, namely:--

1

(a)

persons accused of the same offence committed in the course
of the same transaction;

(b)

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

(c)

persons accused of more than one offence of the same kind,
within the meaning of section 234 committed by them jointly
within the period of twelve months;

(d)

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

(e)

persons accused of an offence which includes theft,
extortion, or criminal misappropriation, and persons
accused of receiving, or retaining, or assisting in the disposal
or concealment of, property possession of which is alleged to
have been transferred by any such offence committed by the

Inst. by Amendment Act XXVII of 1923, S. 64

107

The Code of Criminal Procedure, 1898

[S. 239]

first-named persons, or of abetment of or attempting to
commit any such last-named offence;
(f)

persons accused of offences under section 411 and 414 of the
Pakistan Penal Code or either of those sections in respect of
stolen property the possession of which has been transferred
by one offence; and

(g)

persons accused of any offence under Chapter XII of the
Pakistan Penal Code relating to counterfeit coin, and persons
accused of any other offence under the said Chapter relating
to the same coin, or of abetment of or attempting to commit
any such offence,

and the provisions contained in the former part of this Chapter shall,
so far as may be, apply to all such charges.
240.
Withdrawal of remaining charges on conviction on one of
several charges. When a charge containing more heads then one is framed
against the same person and when has been had on one or more of them, the
complainant, or the officer conducting the prosecution, may with the consent
of the Court, withdraw the remaining charge or charges, or the Court of its
own accord may stay the inquiry into, or trial of, such charge or charges.
Such withdrawal shall have effect of an acquittal on such charge or charges,
unless the conviction be set aside, in which case the said Court (subject to the
order of the Court of setting aside the conviction) may proceed with the
inquiry into or trial of the charge or charges so withdrawn.
Chapter XX
OF THE TRIAL OF 1[CASES] BY MAGISTRATES
2241.

Procedure in trial of cases. The following procedure shall be
observed by Magistrate in the trial of 24[cases].
3[241-A.

Supply of statements and documents to the accused.-- (1)
In all cases instituted upon police report, except those tried summarily or
punishable with fine or imprisonment not exceeding six months, copies of
statements of all witnesses recorded under sections 161 and 164 and of the
inspection note recorded by an investigation officer on his first visit to the
place of occurrence, shall be supplied free of cost to the accused not less than
seven days before the commencement of the trial:

1
2
3

Words “summons cases” subs. by Law Reforms Ord. (XII of 1972).
Subs. by Law Reforms Ord. (XII of 1972).
Added by Ordinance XII of 1972 and enforced by notifications of Balochistan, NWFP,
Punjab and Sindh Govt.

[Ss. 240-241]

The Code of Criminal Procedure, 1898

108

Provided that, if any part of the statement recorded under section
161 is such that its disclosure to the accused would be inexpedient in the
public interest, such part of the statement shall be excluded from the copy of
the statement furnished to the accused.
(2)
In all cases instituted upon a complaint in writing, the
complainant shall-(a)

state in the petition of complaint the substance of the
accusation, the names of his witnesses and the gist of the
evidence which he is likely to adduce at the trial; and
(b)
within three days of the order of the Court under section 204
for issue of process to the accused, file in the Court for
supply to the accused, as many copies of the complaint and
any other document which he has filed with his complaint as
the number of the accused:
Provided that the provisions of this sub-section shall not apply in
any case in which the complaint has been made by a Court or by a public
servant acting or purporting to act in discharge of his official duties].
1[242.

Charge to be framed. When the accused appears or is
brought before the Magistrate a formal charge shall be framed relating to the
offence of which he is accused and he shall be asked whether he admits that
he committed the offence with which he is charged].
243.
Conviction on admission of truth of accusation. If the
accused admits that he has committed the offence 2[with which he is
charged], his admission shall be recorded as nearly as possible in the words
used by him; and, if he shows no sufficient cause why he should not be
convicted, the Magistrate may convict him accordingly.
244.
Procedure when no such admission is made.-- (1) If the
Magistrate does not convict the accused under the preceding section or if the
accused does not make such admission, the Magistrate shall proceed to hear
the complainant (if any), and take all such evidence as may be produced in
support of the prosecution, and also to hear the accused and take all such
evidence as he produces in his defence:
Provided that the Magistrate shall not be bound to hear any person
as complainant in any case in which the complaint has been made by a
Court.

1
2

Subs. by Law Reforms Ord. (XII of 1972).
Subs. by Law Reforms Ord. (XII of 1972).

109

The Code of Criminal Procedure, 1898

[Ss. 242-244]

1[(2)

The Magistrate may, if he thinks fit, on the application of the
complainant or accused, issue a summons to any witness directing him to
attend or to produce any document or other thing.]
(3)
The Magistrate may, before summoning any witness on such
application, require that his reasonable expenses, incurred in attending for
the purposes of the trial, be deposited in Court.
2[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].
3[244-A.

Statement made under section 164. 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 crossexamining 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 Evidence Act, 1872].
245.
Acquittal.-- (1) If the Magistrate upon taking the evidence
referred to in section 244 and such further evidence (if any) as he may, of his
own motion, cause to be produced, and (if he thinks fit) examining the
accused, finds the accused not guilty, he shall record an order of acquittal.
(2)
Sentence. Where the Magistrate does not proceed in
accordance with the provisions of section 349 4[ * * *] he shall, if he finds the
accused guilty, pass sentence upon him according to law.
5[245-A. Procedure in cases of previous convictions. In a case where
a previous conviction is charged under the provisions of section 221, subsection (7), and the accused does not admit that he has 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.]
246.-- [Omitted by Law Reforms Ordinance, 1972].
247.
Non-appearance complainant. If the summons has been
issued on complaint, and upon the day appointed for the appearance of the
accused, or any day subsequent thereto to which the hearing may be
adjourned, the complainant does not appear, the Magistrate shall,
notwithstanding anything hereinbefore contained, acquit the accused, unless
for some reasons he thinks proper to adjourn the hearing of the case to some
other day [:]
1
2
3
4
5

Subs. by Ordinance XII of 1973.
Proviso added by Law Reforms Ord., (XII of 1972).
S. 244-A added by Law Reforms Ordinance (XII of 1972).
The words "or section 562" omitted by Law Reforms Ord. (XII of 1972).
S. 245-A added by Law Reforms Ord. (XII of 1972).

[Ss. 244A-247]

The Code of Criminal Procedure, 1898

110

Provided that, where the complainant is public servant and his
personal attendance, is not required, the Magistrate may dispence with his
attendance, and proceed with the case [:]
1[Provided further that nothing in this section shall apply where the
offence of which the accused is charged is either cognizable or noncompoundable].

248.
Withdrawal of complaint. If a complainant, at may time
before a final order is passed in any case under this Chapter, satisfies the
Magistrate that there are sufficient grounds for permitting him to withdraw
his complaint the Magistrate may permit him to withdraw the same, and
shall thereupon acquit the accused.
[249.
Power to stop proceedings when no complaint. In any case
instituted otherwise than upon complaint, a Magistrate of the first class, or
with the previous sanction of the Sessions Judge 2[x
x] any other
Magistrate may for reasons to be recorded by him, stop the proceedings at
any stage without pronouncing any judgment either of acquittal or
conviction; and may thereupon release the accused.
3[249-A. Power of Magistrate to acquit accused at any stage.
Nothing in this Chapter shall be deemed to prevent a Magistrate from
acquitting an accused at any stage of the case if after hearing the prosecutor
and the accused and for reasons to be recorded, he considers that the charge
is groundless or that there is no probability of the accused being convicted of
any offence.]4

Order of discharge passed u/S. 249-A--Remedy:
Frivolous Accusations in 5[cases tried by Magistrates]
250.
False, frivolous or vexatious accusations.-- 6(1) If in any case
case instituted upon complaint or upon information given to a police-officer
or to a Magistrate, one or more persons is or are accused before Magistrate of
any offence triable by a Magistrate, and the Magistrate by whom the case is
heard 7[. . . .] acquits all or any of the accused, and is of opinion that the
accusation against them or any of them was false and either frivolous or
vexatious,
the
1
2

3
4
5
6
7

Inserted. by Act XXI of 1976.
Omitted the words "in the case of Judicial Magistrate and District Magistrate in the case of
Executive Magistrate" by the Code of Criminal Procedure (Amendment) Ordinance XXXVII
of 2001, dated 13th August, 2001.
Provision of S. 249-A saved by Saving Clause of Ord. XXVII of 1981.
Ins. by the Code of Criminal Procedure (Amendment) Ordinance (36 of 1977).
Subs. by Law Reforms Ord., 1972.
Subs. by Law Reforms Ord., 1972.
Sub-sections (1) to (2-C) were subs. for the original sub-sections (1) and (2) by the Code
of Criminal Procedure (Amdt.) Act 1923 (18 of 1923), S. 69.

111

The Code of Criminal Procedure, 1898

[Ss. 248-250]

Magistrate may, by his order of 1[. . . .] acquittal, if the person upon whose
complaint or information the accusation was made is present, call upon him
forthwith to show cause why he should not pay compensation to such
accused or to each or any of such accused when there are more than one, or if
such person is not present direct the issue of a summons to him to appear
and show cause as aforesaid.
(2)
The Magistrate shall record and consider any cause which
such complainant or informant may show and if he is satisfied that the
accusation was false and either frivolous or vexatious may, for reasons to be
recorded, direct that compensation to such amount not exceeding 2[twentyfive thousand rupees] or, if the Magistrate is a Magistrate of the third class,
not exceeding 3[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.
4[(2-A)

The compensation payable under sub-section (2) shall be
recoverable as an arrear of land-revenue.]
(2-B) When any person is imprisoned under sub-section (2-A) the
provisions of sections 68 and 60 of the Pakistan Penal Code shall, so far as
may be, apply.
(2-C) No person who has been directed to pay compensation under this
section shall, by reason of such order, be exempted from any civil or criminal
liability in respect of the complaint made or information given by him:
Provided that any amount paid to an accused person under this
section shall be taken into account in awarding compensation to such person
in any sub-sequent civil suit relating to the same matter.
(3)
A complainant or informant who has been ordered under
sub-section (2) by a Magistrate of the Second Class or Third Class to pay
compensation or has been so ordered by any other Magistrate to pay
compensation exceeding fifty rupees may appeal from the order, in so far as
the order relates to the payment of the compensation, as if such complainant
or informant had been convicted on a trial held by such Magistrate.
(4)
When an order for payment of compensation to an accused
person is made in a case which is subject to appeal under sub-section (3), the
compensation shall not be paid to him before the period allowed for the
presentation of the appeal has elapsed, or, if an appeal is presented, before
1
2
3

4

Omitted by Law Reforms Ord., 1972.
Omitted by Law Reforms Ord., 1972.
Subs. for the words "five hundred rupees" by Code of Criminal Procedure (Amdt.) Ord. (VI
of 1980), S.2.
Subs. for the words "fifty rupees" by ibid.

[S. 250]

The Code of Criminal Procedure, 1898

112

the appeal has been decided and, where such order is made in a case which
is not so subject to appeal, the compensation shall not be paid before the
expiration of one month from the date of the order.
(5)
[Rep. by the Code of Criminal Procedure (Amendment) Act, 1923
(XVIII of 1923), S. 69].
1[250-A.

Special summons in case of petty offences.-- (1) Any
Magistrate of the first class specially empowered in this behalf by the
Provincial Government taking cognizance of any offence punishable only
with fine shall, except for reasons to be recorded in writing, issue summons
to the accused requiring him either to appear before him on a specified date
in person or by an advocate or, if he desires to plead guilty to the charge,
without appearing before the Magistrate, to transmit to the Magistrate before
the specified date, by registered post or through a messenger, the said plea in
writing and the amount of fine specified in the summons, or, if he desires to
appear by an advocate and to plead guilty to the charge, to authorise, in
writing, such advocate to plead guilty to the charge on his behalf and to pay
the fine:
Provided that the amount of the fine specified in such summons
shall not be less than twenty-five per cent nor more than fifty per cent of the
maximum fine provided for such offence.
(2)
Sub-section (1) shall not apply to an offence punishable
under the Motor Vehicles Ordinance, 1965 (W.P. Ordinance XIX of 1965), or
under any other law which provides for the accused person being convicted
in his absence on a plea of guilty.]
Chapter XXI
OF THE TRIAL OF WARRANT-CASES
BY MAGISTRATES]
Ss. 251-259.-- [Omitted by Law Reforms Ord., 1972]
Chapter XXII
OF SUMMARY TRIALS
260.
Power to try summarily.-- (1) Notwithstanding anything
contained in this Code,--

1
2

2[(a)

* * * * *],

(b)

any Magistrate of the first class specially empowered in this
behalf by the Provincial Government, and

Inserted S. 250-A by Act XXV of 1992.
Cl. (a) omitted by Law Reforms Ord., 1972.

113

The Code of Criminal Procedure, 1898
(c)

[Ss. 250A-260]

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 all
or any of the following offences;

1
2

(a)

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

(b)

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

(c)

hurt, under 1[clause (i) of section 337-A] of the same Code;

(d)

theft under section 379, 380 or 381 of the same Code where
the value of the property stolen does not exceed 2[ten
thousand rupees];

(e)

dishonest misappropriation of property under section 403 of
the same Code, where the value of the property
misappropriated does not exceed [ten thousand rupees];

(f)

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

(g)

assisting in the concealment or disposal of stolen property,
under section 414 of the same Code, where the value of such
property does not exceed [ten thousand rupees];

(h)

mischief, under section 427 of the same Code;

(i)

house-trespass, under section 448, and offences under
sections 451, 453, 454, 456 and 457 of the same Code;

(j)

insult with intent to provoke a breach of the peace, under
section 504, 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;

(k)

abetment of any of the foregoing offences;

(l)

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

Figure "323" subs. by the Criminal Law (Amdt.) Ord. (LXXXV of 2002), 25.10.2002.
In clauses (d), (e), (f) & (g) words "two thousand and five hundred rupees" subs. by
Criminal Law (Amdt) Ord. (LXXXV of 2002), 25.10. 2002.

[S. 260]

The Code of Criminal Procedure, 1898
(m)
1[

114

offences under section 20 of the Cattle-Trespass Act, 1871;

* * * * * *]

(2)
When in the course of a summary trial it appears to the
Magistrate or Bench that the case is one which is of a character which renders
it undesirable that it should be tried summarily, the Magistrate or Bench
shall recall any witnesses who may have been examined and proceed to
rehear the case in manner provided by this Code.
261.
Power to invest Bench of Magistrates invested with less
power. The Provincial Government may 2[on the recommendation of the
High Court] confer on any Bench of Magistrates invested with the powers of
a Magistrate of the second or third class power to try summarily all or any of
the following offences:
(a)

offences against the Pakistan Penal Code, sections 277, 278,
279, 285, 286, 289, 290, 292, 293, 294, 3[337A(i), 337L(2),
337H(2)], 341, 352, 426, 447 and 504;

(b)

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;

(c)

abetment of any of the foregoing offences;

(d)

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

4[262.

Procedure prescribed in Chapter XX applicable.-- (1) In
trials under this Chapter, the procedure [in Chapter XX shall be followed
except as hereinafter mentioned].
(2)
Limit of imprisonment. No sentence of imprisonment for a
term exceeding three months shall be passed in the case of any conviction
under this Chapter.]
263.
Record in cases where there is no appeal. In cases where no
appeal lies, the Magistrate or Bench of Magistrates need not record the
evidence of the witnesses or frame a formal charge; but he or they shall enter
in such form as the Provincial Government may direct the following
particulars:-(a)
1
2
3
4

the serial number;

Proviso omitted by Ordinance XII of 1972
Insetted by Ordinance XII of 1972.
Figure & comm "323, 334, 336" subs. by Criminal Law (Amdt) Ord. 2002.
Subs. by Law Reforms Ord., 1972.

115

The Code of Criminal Procedure, 1898

[Ss. 261-263]

(b)

the date of commission of the offence;

(c)

the date of the report of complaint;

(d)

the name of the complainant (if any);

(e)

the name, parentage and residence of the accused;

(f)

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;

(g)

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

(h)

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

(i)

the sentence or other final order; and

(j)

the date on which the proceedings terminated.

1[264.

Record in appealable cases.-- (1) In every case tried
summarily by a Magistrate or Bench in which an appeal lies, such Magistrate
or Bench shall record the substance of the evidence and also the particulars
mentioned in section 263, 77[and shall, before passing any sentence, record a
judgment in the case].
265.
Language of record and judgment.-- (1) Records made
under section 263 and judgments recorded under section 264 shall be written
by the presiding officer, either in English or in the language of the Court, or,
if the Court to which such presiding officer is immediately subordinate so
directs, in such officer's mother-tongue.
(2)
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 proceedings.
(3)
If no such authorization be given, the record prepared by a
member of the Bench and signed as aforesaid shall be the proper record.
(4)
If the Bench differ in opinion, any dissentient member may
write a separate judgment.

1

Subs. by Act XXI by 1972.

[Ss. 264-265]

The Code of Criminal Procedure, 1898
1[Chapter

116

XXII-A

TRIALS BEFORE HIGH COURTS AND
COURTS OF SESSION
265-A. Trial before Court of Session to be conducted by Public
Prosecutors. In every trial before a Court of Session, initiated upon a police
report, the prosecution shall be conducted by the Public Prosecutor.
265-B. Procedure in cases triable by High Courts and Courts of
Session. The following procedure shall be observed by the High Courts and
the Courts of Session in the trial of cases triable by the said Courts.
265-C. Supply of statements and documents to the accused.-- (1)
In all cases instituted upon police report, copies of the following documents
shall be supplied free of cost to the accused not later than seven days before
the commencement of the trial, namely(a)
(b)
(c)
(d)

the first information report;
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 any part of a statement recorded under section 161
or section 164 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.

1

(2)

In all cases instituted upon a complaint in writing--

(a)

the complainant shall-(i)

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

(ii)

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

Chapter XXII-A added by Law Reforms Ord., 1972, and completely subs. by the Code of
Criminal Procedure (Amdt.) Act (XLIV of 1976), S. 2.

117

The Code of Criminal Procedure, 1898
(b)

[Ss. 265A-265C]

copies of the complaint and any other documents which the
complainant has filed therewith and the statements 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.

265-D. When charge is to be framed. If, after perusing the police
report or, as the case may be, the complaint, and all other documents and
statements filed by the prosecution, the Court is of opinion that there is
ground for proceeding with the trial of the accused it shall frame in writing a
charge against the accused.
265-E. Plea.-- (1) The charge shall be read and explained to the
accused, and he shall be asked whether he is guilty or has any defence to
make.
(2)
If the accused pleads guilty, the Court shall record the plea,
and may in its discretion convict him thereon.
265-F. Evidence for prosecution.-- (1) If the accused does not plead
guilty or the Court in its discretion does not convict him on his plea, the
Court shall proceed to hear the complainant (if any) and take all such
evidence as may be produced in support of the prosecution:
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.
(2)
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 it.
(3)
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 justice. Such ground shall be recorded by the Court
in writing.
(4)
When the examination of the witnesses for the prosecution
and the examination (if any) of the accused are concluded, the accused shall
be asked whether he means to adduce evidence.
(5)
If the accused puts in any written statement, the Court shall
file it with the record.
(6)
If the accused, or any one of the several accused, says that he
means to adduce evidence, the Court shall call on the accused to enter on his
defence and produce his evidence.

[Ss. 265D-265F]

The Code of Criminal Procedure, 1898

118

(7)
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 such ground shall be recorded by the Court in
writing.
265-G. Summing up by prosecutor and defence.-- (1) In cases
where the accused, or any one of several accused, does not adduce evidence
in his defence, the Court shall, on the close of the prosecution case and
examination (if any) of the accused, call upon the prosecutor to sum up his
case whereafter the accused shall make a reply.
(2)
In cases where the accused, or any of the several accused,
examines evidence, in his defence, the Court shall, on the close of the defence
case, call upon the accused to sum up the case whereafter the prosecutor
shall make a reply.
265-H. Acquittal or conviction.-- (1) If in any case under this
Chapter in which a charge has been framed the Court finds the accused not
guilty, it shall record an order of acquittal.
(2)
If in any case under this Chapter the Court finds the accused
guilty the Court shall, subject to the provisions of section 265-I, pass a
sentence upon him according to law.
265-I. Procedure in case of previous conviction.-- (1) In a case
where, by reason of a previous conviction, the accused has been charged
under section 221, sub-section (7), the Court, after finding the accused guilty
of the offence charged and recording a conviction, shall record the plea of the
accused in relation to such part of the charge.
(2)
If the accused admits that he has been previously convicted
as alleged in the charge, the Court may pass a sentence upon him according
to law, and if the accused does not admit that he has been previously
convicted as alleged in the charge, the Court may take evidence in respect of
the alleged previous conviction, and shall record a finding thereon, and then
pass sentence upon him according to law.
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 crossexamining 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 Evidence Act, 1872 (II of 1872).

119

The Code of Criminal Procedure, 1898

[Ss. 265G-265J]

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 hearing the prosecutor and the accused and
for reasons to be recorded, it considers that there is no 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 all 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.
(2)
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 at the High Court appoints.
(3)
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 Court.
Chapter XXIII
OF TRIALS BEFORE HIGH COURT AND
COURTS OF SESSION
[266 to 336]-- [Omitted by Law Reforms Ord., 1972]
Chapter XXIV
GENERAL PROVISIONS AS TO
INQUIRIES AND TRIALS
337.
Tender of pardon to accomplice.-- (1) In the case of any
offence triable exclusively by the High Court or Court of Session, or any
offence punishable with imprisonment which may extend to ten years, or
any offence punishable under section 211 of the Pakistan Penal Code with
imprisonment which may extend to seven years, or any offence under any of
the following sections of the Pakistan Penal Code, namely, sections 216-A,

[Ss. 265K-337]

The Code of Criminal Procedure, 1898

120

369, 401, 435 and 477-A, 1[officer-in-charge of the prosecution in the district]
may, at any stage of investigation or inquiry into or the trial of the offence,
with a view to obtaining the evidence of any person supposed to have been
directly or indirectly concerned in or privy to the offence, tender a pardon to
such person on condition of his making a full and true disclosure of the
whole of the circumstances within his knowledge relative to the offence and
to every other person concerned, whether as principal or abettor, in the
commission thereof 2[:]
3[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.]
(1-A) Every Magistrate who tenders a pardon under sub-section
(1) shall record his reasons for so doing, and shall, on application made by
the accused, furnish him with a copy of such record:
Provided that the accused shall pay for the same unless the
Magistrate for some special reason thinks fit to furnish if free of cost.
4[(2)

Every person accepting a tender under this section shall be
examined as a witness in the subsequently trial, if any.]
5[(2-A)

In every case where a person has accepted a tender of pardon
and has been examined under sub-section (2), the Magistrate before whom
the proceedings are pending shall, if he is satisfied that there are reasonable
grounds for believing that the accused is guilty of an offence, commit him for
trial to the Court of Session or High Court, as the case may be].
(3)
Such person, unless he is already on bail, shall be detained in
custody until the termination of the trial.
6[338.

Power to grant tender or pardon. At any time before the
judgment is passed, the High Court or the Court of Session trying the case
may, with the view of obtaining on the trial the evidence of any person
supposed to have been directly or indirectly concerned in, or privy to, any
such offence, tender, or order the 7[officer-in-charge of the prosecution in the
district] to tender a pardon on the same condition to such person 8[:
1

2
3
4
5
6
7

8

Subs. the words "District Magistrate or a Sub-Divisional Magistrate" by the Code of
Criminal Procedure (Amendment) Ordinance XXXVII of 2001, dated 13th August, 2001.
Subs. for "full stop" by Criminal Law (Amendment) Act, II of 1997, dated 11.4.1997.
Added by Criminal Law (Amendment) Act, II of 1997, dated 11th April, 1997.
Subs. by Ordinance XXVII of 1981.
Sub-section (2-A) inst. by Act, XVIII of 1923.
Subs. by Law Reforms Ord., 1972.
Subs. the words "District Magistrate" by the Code of Criminal Procedure (Amendment)
Ordinance XXXVII of 2001, dated 13th August, 2001.
Subs. for "full stop" by Criminal Law (Amendment) Act II of 1997, dated 11th April, 1997.

121

The Code of Criminal Procedure, 1898

[S. 338]

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.]
339.
Commitment of person to whom pardon has been
tendered.-- (1) Where a pardon has been tendered under section 337 or
section 338, and the Public Prosecutor certifies that in his opinion any person
who has accepted such tender has, either by wilfully concealing anything
essential or by giving false evidence, not complied with the condition on
which the tender was made such person may be tried for the offence in
respect of which the pardon was so tendered or for any other offence of
which he appears to have been guilty in connection with the same matter:
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.
(2)
The statement made by a person who has accepted a tender
of pardon may be given in evidence against him at such trial.
(3)
No prosecution for the offence of giving false evidence in
respect of such statement shall be entertained without the sanction of the
High Court.
1[339-A.

Procedure in trial of person under section 339. The Court
trying under section 339 a person who has accepted a tender of pardon shall,
before the evidence of the witnesses for the prosecution is taken, ask the
accused whether he pleads that he has complied with the conditions on
which the tender of the pardon was made.
(2)
If the accused does so plead, the Court shall record the plea
and proceed with the trial, and, shall, before judgment is passed in the case
find whether or not the accused has complied with the conditions of the
pardon, and, if it is found that he has so complied, the Court shall,
notwithstanding anything contained in this Code, pass judgment of
acquittal.]
2[340.
Right of person against whom proceedings are instituted
to be defended and his competency to be a witness.-- (1) Any person
accused of an offence before a Criminal Court, or against whom proceedings

1
2

Subs. by Law Reforms Ord., 1972.
Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), S. 89, for the
original section 340.

[Ss. 339-340]

The Code of Criminal Procedure, 1898

122

are instituted under this Code in any such Court, may of right be defended
by a pleader.
1(2)

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-(i)

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

(ii)

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

(iii)

he has given evidence against any other person charged with
or tried for the same offence.

341.
Procedure where accused does not understand
proceedings. If the accused though not insane, cannot be made to
understand the proceedings, the Court may proceed with the 2[ * *] trial; and
in the case of a Court other than a High Court 3[* * * *] or if such trial results
in a conviction, the proceedings shall be forwarded to the High Court with a
report of the circumstances of the case, and the High Court shall pass
thereon such order as it thinks fit.
342.
Power to examine the accused.-- (1) For the purpose of
enabling the accused to explain any circumstances appearing in the evidence
against him, the Court may, at any stage of any inquiry or trial without
previously warning the accused, put such questions to him as the Court
considers necessary, and shall, for the purpose aforesaid, question him
generally on the case after the witnesses for the prosecution have been
examined and before he is called on for his defence.
1

2
3

Subs. (2) of S. 340 substituted by Code of Criminal Procedure (Amendment) Ordinance
(XII of 1985), dated 21-2-1983.
Words "Inquiry or" omitted by Law Reforms Ordinance, 1972.
Words and comma "if such inquiry results in a commitment, or" omitted by Law Reforms
Ord., 1972.

123

The Code of Criminal Procedure, 1898

[Ss. 341-342]

(2)
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 1[. . .] may draw such inference from such refusal or answers as it
thinks just.
(3)
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 committed.
2[(4)
Except as provided by sub-section (2) of section 340, no oath
shall be administered to the accused.]

343.
No influence to be used to induce disclosures. Except as
provided in sections 337 and 338, no influence, by means of any promise or
threat or otherwise, shall be used to an accused person to induce him to
disclose or withhold any matter within his knowledge.
344.
Power to postpone or adjourn proceedings.-- (1) If, from the
absence of a witness, or any other reasonable cause, it becomes necessary or
advisable to postpone the commencement of, or adjourn any inquiry or trial,
the Court may, if it thinks fit, by order in writing, stating the reasons
therefor, from time to time, postpone or adjourn the same on such terms as it
thinks fit, for such time as it considers reasonable, and may by a warrant
remand the accused if in custody:
Remand. Provided that no Magistrate shall remand an accused
person to custody under this section for a term exceeding fifteen days at a
time.
(2)
Every order made under this section by a Court other than a
High Court shall be in writing signed by the Presiding Judge or Magistrate.
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.
345.
Compounding offences. (1) The offences punishable under
the sections of the Pakistan Penal Code specified in the first two columns of
the table next following may be compounded by the persons mentioned in
the third column of that table:-Offences

1
2

Sections of the Pakistan
Penal Code applicable

Persons by whom offence
may be compounded

Omitted the words and brackets "and the jury (if any)" by Law Reforms Ord., 1972.
Subs. by Ord. XXVII of 1981.

[Ss. 343-345]

The Code of Criminal Procedure, 1898

Uttering words, etc.,
with deliberate intent to
wound the religious
feelings of any person.
Causing hurt
Wrongfully restraining
or confining any person.
Assault or use of
criminal force.

298

2

[x x
Mischief, when the only
loss or damage caused is
loss or damage to a
private person.
Criminal trespass ... ...

Xx
426, 427

[House-trespass ... ...
3
[Dishonestly issuing
cheque for repayment
loan or fulfilment of
obligation.
Criminal
breach
contract

448
489F

a
of
an
of

Adultery ... ... ...
Enticing or taking away or
detaining with criminal
intent a married woman.
Defamation ... ... ..
Printing or engraving
matter knowing it to be
defamatory.
Sale of printed or
engraved
substance
containing
defamatory
matter, knowing it to
contain such matter.

1
2
3

341, 342
352, 355, 358

447

490, 491, 492

497
498

124

The
person
whose
religious feelings are
intended to be wounded.
Omitted1
The person restrained
or confined.
The person assaulted or
to whom criminal force
is used.
x x]
The person to whom the
loss or damage is
caused.
The person in possession
of
the
property
trespassed upon.
The person in whose
favour cheque issued.]

The person with whom
the
offender
has
contracted.
The husband
woman.

of

500
501

The person defamed.

502

The person defamed.

Figures 323, 324" omitted by Act II of 1997.
Entry relating to S. 374 omitted by Cr.Law (W.P. Amdt.) Ord. XXXIII of 1969.
Inst. by the Criminal Law (Amdt) Ordinance (LXXXV of 2002), 25.10. 2002.

the

125

The Code of Criminal Procedure, 1898

[S. 345]

Insult
intended
to 504
The person insulted.
provoke a breach of the
peace.
Criminal
intimidation 506
The person intimidated.
except when the offence
is
punishable
with
imprisonment for seven
years.
1
Act accused by making 508
The
person
against
making a person believe
whom the offence was
that he will be an object
committed.
of divine displeasure.
2
(2) 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:-3
[Rioting
147
The
person
against
whom the offence was
committed or the heirs of
such person, as the case
may be, if the offence
was
committed
alongwith
another
compoundable offence.
Rioting armed with 148
Ditto]
deadly weapon.
4
[Qatl-i-amd
302
By the heirs of the
victims 5[other than the
accused or the convict if
the offence has been
committed by him in the
name or on the pretext of
karo kari, siyah kari or
similar other customs or
practices
Qatl under ikrah-i-tam
303
Ditto

1
2
3
4
5

Inserted by (Amdt.) Act (XVIII of 1923).
Subs. Ibid for original sub-section (2).
Inserted by the Act (VI of 2004), dt. 10-12-2004.
Substituted by Criminal Law (Amendment) Act, II of 1997, dated 11.4.1997.
Words inst. by the Criminal Law (Amdt.) Act, 2004 (I of 2005) dt. 10.1.2005.

[S. 345]

The Code of Criminal Procedure, 1898

Qatl-i-amd not liable to
Qisas
Qatl-i-shibh-i-amd.

1

308

Ditto

316

1

126

[By the heirs of the
victim]
Ditto
Ditto

Qatl-i-khata
Qatl-i-khata by rash or
negligent driving
Qatl-bis-sabab
Attempt to commit qutli-amd

319
320

Itlaf-i-udw.

334

Itlaf-i-salahiyyat-i-udw
Shajjah of any kind
Jaifah
Ghayr-jaifah of any kind
Hurt by rash or negligent
driving
Hurt by rash or negligent
act
Hurt by mistake
Hurt by means of a
poison.
Hurt to extort confession
or to compel restoration
of property.

336
337A
337D
337F
337G

Ditto
The
person
against
whom the offence was
committed.
The person to whom hurt
is caused.
Ditto
Ditto
Ditto
Ditto
Ditto

337H

Ditto

337I
337J

Ditto
Ditto

337K

Ditto

Other hurts
Hurt not liable to Qisas
Cases in which qisas for
hurt cannot be enforced.
Isqat-i-haml.

337L
337M
337N

Ditto
Ditto
Ditto

338A

Isqat-i-janin

338C

Wrongfully confining a
person for three days or
more.

343

The victim or the heirs of
the victim, as the case
may be.
The victim or the heirs of
the victim, as the case
may be,".
The person confined.

322
324

Subs. for the word "Ditto" by the Criminal Law (Amdt.) Act, 2004 (I of 2005) dt. 10.1.2005.

127

The Code of Criminal Procedure, 1898

1

1

[S. 345]

[x x
Wrongfully confining a
person in secret.
Assault or criminal force
in attempting wrongfully
to confine a person.
Dishonest
misappropriation
of
property.
Cheating ... ... ...
Cheating a person whose
interest the offender was
bound, by law or by
legal contract, to protect.
Cheating by personation
...
Cheating and dishonesty
inducing delivery of
property or the making
alteration or destruction
of a valuable security.
Mischief by injury to
work of irrigation by
wrongfully
diverting
water when the only loss
or damage caused is loss
or damage to a private
person.
House-trespass
to
commit an offence (other
than theft) punishable
with imprisonment.
Using a false trade or
property mark.

*.*.
346

*.*.]
Ditto

357

417
418

The person assaulted or
to whom the force was
used.
The owner of the
property
misappropriated
The person cheated.
Ditto

419

Ditto

420

Ditto

430

The person to whom the
loss or damage is
caused.

451

The person in possession
of the house trespassed
upon.

482

Counterfeiting a trade or
property mark used by
another.

483

The person to whom loss
or injury is caused by
such use.
The person whose trade
or property mark is
counterfeited.

403

Omitted by Law Reforms (Amdt.) Act, 1976

[S. 345]

The Code of Criminal Procedure, 1898

Knowingly selling, or
exposing or possessing
for sale or for trade or
manufacturing purpose,
goods marked with a
counterfeit trade or
property mark.
Marrying again during
the lifetime of a husband
or wife.
Uttering words or sounds
or making gestures of
exhibiting any object
intending to insult the
modesty of a woman or
intruding
upon
the
privacy of a woman.

128

486

Ditto

494

The husband or wife of
the person so marrying.

509

The woman whom it is
intended to insult or
whose
privacy
is
intruded upon.

1[(2A)

Where an offence under Chapter XVI of the Pakistan Penal
Code, 1860 (Act XLV of 1860), has been committed in the name or on the
pretext of karo kari, siyah kari or similar other customs or practices, such
offence may be waived or compounded subject to such conditions as the
Court may deem fit to impose with the consent of the parties having regard
to the facts and circumstances of the case.]
(3)
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.
(4)
When the person who would otherwise be competent to
compound an offence 2[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
3[with the permission of the Court compound such offence.
4[(5)

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.]
5[(5-A) A High Court acting in the exercise of its power of revision
under section 439 6[and a Court of Session so acting under section 439-A],

1
2
3
4
5
6

Sub-section (2) added by the Criminal Law (Amdt.) Act, 2004 (I of 2005) dt. 10.1.2005.
Subs. for “a minor” by (Amdt.) Act, 8 of 1923.
Subs. by Law Reforms Ord., 1972.
Subs. by Law Reforms Ord., 1972.
Inst. by Amendment Act (XVIII of 1923)
Subs. by Law Reforms Ord., 1972.

129

The Code of Criminal Procedure, 1898

[S. 345]

may allow any person to compound any offence which he is competent to
compound under this section.
(6)
The composition of an offence under this section shall have
the effect of an acquittal of the accused with whom the offence has been
compounded.
(7)

No offence shall be compounded except as provided by this

section.
1[346.

Procedure of Magistrate in cases which he cannot dispose
of.-- (1) If, in the course of an inquiry or trial before a Magistrate in any
district, the evidence appears to him to warrant a presumption that the case
is one which should be tried or sent for trial to the Court of Session or the
High Court, by some other Magistrate in such district, he shall stay
proceedings and submit the case, with a brief report explaining its nature to
the Sessions Judge or to such other Magistrate, having jurisdiction, as the
Sessions Judge directs.
(2)
The Magistrate to whom the case is submitted may, if, so
empowered, either try the case himself, or send the case for trial to the Court
of Session or the High Court.
[347. Procedure when, after commencement of trial, Magistrate
finds case should be tried by Court of Session or High Court.-- (1) If in any
trial before a Magistrate, before signing judgment, it appears to him at any
stage of the proceedings that the case is one which ought to be tried by the
Court of Session or High Court, he shall send the case to the Court of Session
or High Court, for trial.]
2

348.
Trial of persons previously convicted of offences against
coinage, stamp-law or property.-- (1) Whoever, having been convicted of an
offence punishable under Chapter XII or Chapter XVII of the Pakistan Penal
Code with imprisonment for a term of three years or upwards is against
accused of any offence punishable under either of those chapters with
imprisonment for a term of three years or upwards, shall if the Magistrate
before whom the case is pending is satisfied that there are sufficient ground
3[for the trial of the accused by the Court of Session or High Court, as the
case may be, send the accused for trial to such Court] unless the Magistrate is
competent to try the case and is of opinion that he can himself pass an
adequate sentence if the accused is convicted:

1
2
3

Subs. by Law Reforms Ordinance, 1972. item 113.
Subs.. by Law Reforms Ord., 1972.
Subs. the words "for committing the accused be committed to the Court of Session or High
Court, as the case may be," by Law Reforms Ord. 1972.

[Ss. 346-348]
1

[*

The Code of Criminal Procedure, 1898

130

*]

[(2)
When any person is sent for trial to the Court of Session or
High Court, under sub-section (1), any other person accused jointly with him
in the trial shall be similarly sent for trial].
2

349.
Procedure when Magistrate cannot pass sentence
sufficiently severe.-- (1) Whenever a Magistrate of the second or third class,
having jurisdiction, is of opinion, after hearing the evidence for the
prosecution and the accused, that the accused is guilty, and that he ought to
receive a punishment different in kind from, or more severe than, that which
such Magistrate is empowered to inflict, or that he ought to be required to
execute a bond under section 106, he may record the opinion and submit his
proceedings, and forward the accused, to 3[a Magistrate of the first class
specially empowered in this behalf by the Provincial Government].
(1-A) When more accused than one are being tried together and
the Magistrate considers it necessary to proceed under sub-section (1) in
regard to any of such accused, he shall forward all the accused who are in his
opinion guilty to the 4[Magistrate empowered under sub-section (1).]
(2)
The Magistrate to whom the proceedings are submitted may,
if he thinks fit, examine the parties and recall and examine any witness who
has already given evidence in the case and may call for and take any further
evidence, and shall pass such judgment, sentence or order in the case as he
thinks fit, and as is according to law:
Provided that he shall not inflict a punishment more severe than he
is empowered to inflict under sections 32 and 33.
5 [350. Conviction on evidence partly recorded by one Presiding
Officer and partly by another.-- (1) Whenever any Sessions Judge or
Magistrate, after having heard and 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 and recommence the inquiry or trial:
Provided that:

1
2
3

4

5

Proviso omitted by Law Reforms Ord., 1972.
Subs.. by Law Reforms Ord., 1972.
Subs. for "the District Magistrate or Sub-Divisional Magistrate to whom he is subordinate'
by Law Reforms Ord. 1972, item 116(i). Enforced in the Province of Punjab w.e.f.
21.3.1996.
Subs. the words "to the District Magistrate or Sub-divisional Magistrate to whom he is
subordinate." by Law Reforms Ordinance, 1972.
Subs. by the Code of Criminal Procedure (Second Amendment) Ord., (VIII of 1980).

131

The Code of Criminal Procedure, 1898

[Ss. 349-350]

(a)

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

(b)

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 trial].
(2)
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 1[Magistrate specially empowered] under section 349.
(3)
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 Magistrate constituting the same have been present on the
Bench throughout the proceedings.
351.
Detention of offenders attending Court.-- (1) Any person
attending a Criminal Court although not under arrest or upon a summons,
may be detained by such Court for the purpose of inquiry into or trial of any
offence of which such Court can take cognizance and which, from the
evidence, may appear to have been committed, and may be proceeded
against as though he had been arrested or summoned.
(2)
When the detention takes place 2[* * * * *] after a trial has
been begun the proceedings in respect of such person shall be commenced
afresh, and the witnesses reheard.
352.
ourts to be open. The place in which any Criminal Court is
held for the purpose of inquiring into or trying any offence shall be deemed
an open Court, to which the public generally may have access, so far as the
same can conveniently contain them:

1
2

Subs. the words "superior Magistrate" by Law Reforms Ordinance, 1972.
Subs. “in the course of an inquiry under chapter XVIII or” omitted by Law Reforms
Ordinance, 1972.

[Ss. 350A-352]

The Code of Criminal Procedure, 1898

132

Provided that the Presiding Judge or Magistrate may, if he thinks fit,
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 AND
RECORDING EVIDENCE IN INQUIRIES AND TRIALS
353.
vidence to be taken in presence of accused. Except as
otherwise expressly provided, all evidence taken under 1[Chapters XX, XXI,
XXII and XXII-A] shall be taken in the presence of the accused, or, when his
personal attendance is dispensed with, in presence of his pleader.
354.
anner of recording evidence. In inquiries and trials (other
than summary trials) under the Code by or before a Magistrate or Sessions
Judge, the evidence of the witnesses shall be recorded in the following
manner.
355.
Record in trials of certain cases by first and second class
Magistrates.-- 1) 2[In cases tried under Chapter XX or XXII] by a Magistrate
of the first or second class and in all proceedings under section 514 (if not in
the course of a trial), the Magistrate shall make a memorandum of the
substance of the evidence of each witness as the examination of the witness
proceeds].
(2)
Such memorandum shall be written and signed by the
Magistrate with his own hand, and shall form part of the record.
(3)
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.
356.
Record in other cases.-- (1) 3[In the trials before Courts of
Session and in inquiries under Chapter XII] the evidence of each witness
shall be taken down in writing in the language of the Court by the Magistrate
or Sessions Judge, or in his presence and hearing and under his personal
direction and superintendence and shall be signed by the Magistrate or
Sessions Judge.

1

2
3

Subs. for the words, figures and commas "Chapters XVIII, XX, XXI, XXII, and XXIII",
omitted by Law Reforms Ord., 1972.
Subs. by Law Reforms Ord. 1972.
Subs. by Law Reforms Ord., 1972.

133

The Code of Criminal Procedure, 1898

[Ss. 353-356]

(2)
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.
(2-A) When the evidence of such witness is given in any other
language, not being English, than the language of the Court, the Magistrate
or Sessions Judge may take it down in that language with his own hand, or
cause it to be taken down in that language in his presence and hearing and
under his personal 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.
(3)
Memorandum when evidence not taken down by the
Magistrate or Judge himself. In case 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
record.
(4)
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.
357.
Language or record of evidence.-- (1) The Provincial
Government may direct that in any district or part of a district, or in
proceedings before any Court of Sessions or before any Magistrate or class of
Magistrates the evidence of each witness shall, in cases referred to in section
356, be taken down by the Sessions Judge or Magistrate with his own hand
and in his mother-tongue, unless he is prevented by any sufficient reason
from taking down the evidence of any witness, in which case he shall record
the reason of his inability to do so and shall cause the evidence to be taken
down in writing from his dictation in open Court.
(2)
The evidence so taken down shall be signed by the Sessions
Judge or Magistrate and shall form part of the record.
"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 tongue, although such Language is not his mother-tongue.
358.
Option to Magistrate in cases under section 355. In cases of
the kind mentioned in section 355, the Magistrate may, if he thinks fit, take
down the evidence of any witness in the manner provided in section 356, or,

[Ss. 357-358]

The Code of Criminal Procedure, 1898

134

if within the local limits of the jurisdiction of such Magistrate the Provincial
Government has made the order referred to in section 357, in the manner
provided in the same section.
359.
Mode of recording evidence under section 356 or section
357.-- (1) Evidence taken under section 356 or section 357 shall not ordinarily
be taken down in the form of question and answer, but in the form of
narrative.
(2)
The Magistrate or Sessions Judge may, in his discretion, take
down, or cause to be taken down any particular question and answer.
360.
Procedure in regard to such evidence when completed.-- (1)
As the evidence of each witness taken under section 356 or section 357 is
completed, it shall be read over 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.
(2)
If the witness denies the corrections 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 necessary.
(3)
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.
361.
Interpretation of evidence to accused or his pleader.-- (1)
Whenever any evidence is given in a language not understood by the
accused, and he is present in person, it shall be interpreted to him in open
Court in a language understood by him.
(2)
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.
(3)
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.
362.
[Record of evidence in Presidency Magistrate's Court]
omitted by A.O., 1949, Sch.
363.
Remarks respecting demeanour of witness. When a
Sessions Judge or Magistrate has recorded the evidence of a witness, he shall

135

The Code of Criminal Procedure, 1898

[Ss. 359-363]

also record such remarks (if any) as he thinks material respecting the
demeanor of such witness whilst under examination.
364.
Examination of accused how recorded.-- (1) Whenever the
accused is examined by any Magistrate or by any Court other than a High
Court, the whole of such examination including every question put to him
and every answer given by him, shall be recorded in full, in the language in
which he is examined, or if that is not practicable, in the language of the
Court or in English; and such record shall be shown or read to him, or, if he
does not understand the language in which it is written, shall be interpreted
to him in a language which he understands, and he shall be at liberty to
explain or add to his answers.
(2)
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 or 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
accused.
(3)
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 inability.
(4)
Nothing in this section shall be deemed to apply to the
examination of an accused person under section 263.
365.
Record of evidence in High Court. Every High Court shall
from time to time, by general rule, prescribe the manner in which evidence
shall be taken down in cases coming before the Court, and the evidence shall
be taken down in accordance with such rule.
Chapter XXVI
OF THE JUDGMENT
366.
Mode of delivering judgment.-- (1) The judgment in every
trial in any Criminal Court of original jurisdiction shall be pronounced, or
the substance of such Judgment shall be explained:-(a)

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

[Ss. 364-366]
(b)

The Code of Criminal Procedure, 1898

136

in the language of the Court, or in some other language
which the accused 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.
(2)
The accused shall, if in custody, be brought up, or, if not in
custody, be required by the Court to attend, to hear judgment 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 pleader.
(3)
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 serving, on the parties or their pleaders, or
any of them, the notice of such day and place.
(4)
Nothing in this section shall be construed to limit in any way
the extent of the provisions of section 537.
367.
Language of judgment Contents of judgment.-- (1) Every
such judgment shall, except as otherwise expressly provided by this Code, be
written by the presiding officer of the Court or from the dictation of such
presiding officer in the language of the Court, or in English; and shall contain
the point or points for determination, the decision thereon and the reasons
for the decision; and shall be dated and signed by the presiding officer in
open Court at the time of pronouncing it and where it is not written by the
presiding officer with his own hand, every page of such judgment shall be
signed by him.
(2)
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.
(3)
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 alternative.
(4)
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.
1[*

1

* * *]

Proviso omitted by Law Reforms Ord., 1972.

137

The Code of Criminal Procedure, 1898

[S. 367]

(5)
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:
(6)
For the purposes of this section, an order under section 118
or section 123, sub-section (3), shall be deemed to be a judgment.
368.
Sentence of death.-- (1) When any person is sentenced to
death, the sentence shall direct that he be hanged by the neck till he is dead.
(2)

[Omitted by Amendment Ac, XXV of 1974]

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.
370.

[Presidency Magistrate's judgment.] Omitted by A.O., 1949,

Sch.
1[371.

Copy of judgment, etc. to be given to accused 2[ * * *]--(1) In
every case where the accused is convicted of an offence, a copy of the
judgment shall be given to him at the time of pronouncing the judgment or,
when the accused so desires, a translation of the judgment in his own
language, if practicable, or in the language of the Court, shall be given to him
without delay. Such copy or translation shall be given free of cost.
3[Provided that this sub-section shall not apply to cases tried
summarily.]
4(2)

* * * *]

(3)
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.
372.
Judgment when to be translated. The original judgment
shall be filed with the record of proceedings, and, where the original is
recorded in a different language from that of the Court, and the accused so

1
2
3

4

Subs. by Law Reforms Ord., 1972.
The Words "on application" omitted by Ibid.
Subs. by the Code of Criminal Procedure (Amendment) Ordinance, 2002, 14th March,
2002.
Omitted by Law Reforms Ord, 1972.

[Ss. 368-372]

The Code of Criminal Procedure, 1898

138

requires, a translation thereof into the language of the Court shall be added
to such record.
373.

Court of Session to send copy of finding and sentence to
of prosecution]. In cases tried by the Court of Session, the
Court shall forward a copy of its finding and sentence (if any) to the 2[officerin-charge of prosecution in the district] within the local limits of whose
jurisdiction the trial was held.

1[officer-in-charge

Chapter XXVII
OF THE SUBMISSION OF
SENTENCES FOR CONFIRMATION
374.
Sentence of death to be submitted by Court of Session.
When the Court of Session passes sentence of death the proceedings shall be
submitted to the High Court and the sentence shall not be executed unless it
is confirmed by the High Court.
375.
Power to direct further inquiry to be made or additional
evidence to be taken.-- (1) 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 Session.
3[(2)

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.]
(3)
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 Court.
376.
Power of High Court to confirm sentence or annul
conviction. In any case submitted under Section 374 4[***] the High Court-(a)
(b)

1

2

3
4

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

Subs. for the words "District Magistrate" by the Code of Criminal Procedure (Amendment)
Ordinance XXXVII of 2001, dt. 13.8.2001.
Subs. for the words "District Magistrate" by the Code of Criminal Procedure (Amendment)
Ordinance XXXVII of 2001, dt. 13.8.2001.
Subs. by Law Reforms Ord., 1972.
Omitted by Ibid.

139

The Code of Criminal Procedure, 1898
(c)

[Ss. 373-376]

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.
377.
Confirmation of new sentence to be signed by two Judges.
In every case so submitted, the confirmation of the sentence, or any new
sentence or order passed by the High Court, shall, when such Court consists
of two or more Judges, be made, passed and signed by at least two of them.
378.
Procedure in case of difference of opinion. When any such
case is heard before a Bench of Judges and such Judges are equally divided
in opinion, the case, with their opinions thereon, shall be laid before another
Judge, and such Judge, after such hearing as he thinks fit, shall deliver his
opinion, and the judgment or order shall follow such opinion.
379.
Procedure in cases submitted to High Court for
confirmation. In cases submitted by the Court of Session to the High Court
for the confirmation of a sentence of death, the proper officer of the High
Court shall, without delay, after the order of confirmation or other order has
been made by the High Court, send a copy of the order under the seal of the
High Court and attested with his official signature, to the Court of Session.
1[380.
x x x x x]
Chapter XXVIII
OF EXECUTION
381.
Execution of order passed under section 376. When a
sentence of death passed by a Court of Session is submitted to the High
Court for confirmation, such Court of Session shall, on receiving the order of
confirmation or other order of the High Court thereon, cause such order to
be carried into effect by issuing a warrant or taking such other steps as may
be necessary 2[:]
3[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.
Postponement of capital sentence on pregnant woman. If a
woman sentenced to death is found to be pregnant, the High Court shall
1

2
3

Omitted by Probation of Offenders Ordinance, LXV of 1960. Omitted section read as
under:
380. Procedure in cases submitted by Magistrate not empowered to act under section
562. Where proceedings are submitted to a Magistrate of the first class as provided by
section 562, such Magistrate may thereupon pass such sentence or make such order as
the might have passed or made if the case had original been heard by him, and, if he
himself or direct such inquiry or evidence to be made or taken.
Subs. for the full-stop by Criminal Law (Amendment) Act II of 1997, dated 11.4.1997.
Added by Criminal Law (Amendment) Act, II of 1997, dated 11.4.1997.

[Ss. 377-382]

The Code of Criminal Procedure, 1898

140

order the execution of the sentence to be postponed, and may, if it thinks fit,
commute the sentence to 1[imprisonment] for life.
2[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-(a)
(b)

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 year.

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.
3[382-B.

Period of detention to be considered while awarding
sentence of imprisonment. Where a Court decides to pass a sentence of
imprisonment on an accused for an offence it 4[shall take into consideration
the period, if any, during which such accused was detained in custody for
such offence.]
NWFP Amdt. In S. 382-B for the word "may" the word "shall"
substituted by Cr.P.C. (Amdt.) Regn., 1997, w.e.f. on the 23rd September,
1997. PLD 1999 NWFP St. p. 36.
5382-C.

Scandalous or false and frivolous pleas to be considered in
passing sentence. In passing a sentence on an accused for any offence, a
Court may take into consideration any scandalous or false and frivolous plea
taken in defence by him or on his behalf].
383.
Execution of sentences of 6[imprisonment] in other cases.
Where the accused is sentenced to 7[imprisonment] for life or imprisonment
1
2
3
4

5
6
7

Subs. by Act XXV of 1974
S. 382-A added by Law Reforms Ord., 1972.
S. 382-B added by Law Reforms Ord., 1972.
Subs. for word "may" by Code of Criminal Procedure (Second Amendment) Ordinance (71
of 1979).
S. 382-C added by Law Reforms Ord., 1972.
Subs. by Law Reforms Ord., 1972.
Subs. by Act XXV of 1974, item 129.

141

The Code of Criminal Procedure, 1898

[Ss. 382A-383]

in cases other than those provided for by section 381 1[and section 382-A] the
Court passing the sentence shall forthwith forward a warrant to the jail in
which he is, or is to be, confined, and, unless the accused is already confined
in such jail, shall forward him to such jail, with the warrant.
384.
Direction of warrant for execution. Every warrant for the
execution of a sentence of imprisonment shall be directed to the officer-incharge of the jail or other place in which the prisoner is, or is to be, confined.
385.
Warrant with whom to be lodged. When the prisoner is to
be confined in a jail, the warrant shall be lodged with the jailor.
2386.

Warrant for levy of fine.-- (1) Whenever an offender has
been sentenced to pay a fine, the Court passing the sentence may take action
for the recovery of the fine in either or both of the following ways, that is to
say, it may-(a)

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

(b)

issue a warrant to the 3[District Officer (Revenue)]
authorizing him to realize the amount by execution
according to civil process against the movable or immovable
property, of 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 4[***].
(2)
The Provincial Government may make rules regulating the
manner in which warrants under sub-section (1), clause (a), are to be
executed, and for the summary determination of any claims made by any
person other than the offender in respect of any property attached in
execution of such warrant.
(3)
Where the Courts issue a warrant to the 5[District Officer
(Revenue)] under sub-section (1), clause (b) such warrant shall be deemed to
be a decree, and the 6[District Officer (Revenue)] to be the decree-holder,
1
2
3

4
5

6

Subs. by Law Reforms Ord., 1972.
Subs. By Cr.P.C. (Amdt.) Act, 1923
Subs. the words "Collector of the District" by the Code of Criminal Procedure
(Amendment) Ordinance XXXVII of 2001, dated 13th August, 2001.
Omitted by Law Reforms Ord., 1972.
Subs. for "Collector” by the Code of Criminal Procedure (Amendment) Ordinance XXXVII
of 2001, dated 13th August, 2001.
Subs. for "Collector” by the Code of Criminal Procedure (Amendment) Ordinance XXXVII
of 2001, dated 13th August, 2001.

[Ss. 384-386]

The Code of Criminal Procedure, 1898

142

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 all 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.
387.
Effect of such warrant. A warrant issued under section 386,
sub-section (1) clause (a), by any Court may be executed within the local
limits of the jurisdiction of such Court, and it shall authorize the attachment
and sale of any such property without such limits, when endorsed by the 1[x
x x x x ] Magistrate within the local limits of whose jurisdiction such
property is found.
388.
Suspension of execution of sentence of imprisonment.-- (1)
When an offender has been sentenced to fine only and to imprisonment in
default of payment of the fine, and the fine is not paid forthwith, the Court
may-(a)

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 instalments, 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

(b)

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
instalments thereof, as the case may be, is to be made and if
the amount of the fine or of any instalment, as the case may
be, is not realized 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.

(2)
The provisions of sub-section (1) shall be applicable also in
any case in which an order for the payment of money has been made on nonrecovery of which imprisonment may be awarded and the money is not paid

1

Word "District " omitted by the Code of Criminal Procedure (Amendment) Ordinance
XXXVII of 2001, dated 13th August, 2001.

143

The Code of Criminal Procedure, 1898

[Ss. 387-388]

forthwith; and, if the person against whom the order has been made, on
being required to enter into a bond such as is referred to in that sub-section,
fails to do so, the Court may at once pass sentence of imprisonment.
389.
Who may issue warrant. Every warrant for the execution of
any sentence may be issued either by the Judge or Magistrate who passed the
sentence, or by his successor-in-office.
390.
Execution of sentence of whipping, in addition to
imprisonment. When the accused is sentenced to whipping only, the
sentence shall subject to the provisions of section 391 be executed at such
place and time as the Court may direct.
391.
Execution of sentence of whipping, in addition to
imprisonment.-- (1) When the accused-(a)

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

(b)

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.

(2)
The whipping shall be inflicted in the presence of the officerin-charge of the jail, unless the Judge or Magistrate orders it to be inflicted in
his own presence.
(3)
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 months.
392.
Mode of inflicting punishment.-- (1) In the case of a person
of or over sixteen years of age whipping shall be inflicted with a light rattan
not less than half an inch in diameter, in such mode, and on such part of the
person, as the Provincial Government directs; and in the case of a person
under sixteen years of age, it shall be inflicted in such mode, & on such part
of the person, and with such instruments, as the Provincial Government
directs.
(2)
Limit of number of stripes. In no case shall such punishment
exceed thirty stripes and, in the case of a person under sixteen years of age, it
shall not exceed fifteen stripes.

[Ss. 389-392]

The Code of Criminal Procedure, 1898

144

393.
Not to be executed by instalments, Exemptions. No
sentence of whipping shall be executed by instalments; and none of the
following persons shall be punishable with whipping, namely;
(a)
(b)

females;
males sentenced to death or to 1[imprisonment for life] or to
imprisonment for more than five years;
(c)
males whom the Court considers to be more than forty-five
years of age.
394.
Whipping not to be inflicted if offender not in fit state of
health.-- (1) The punishment of whipping shall not be inflicted unless a
medical officer, if present, certifies, or, if there is not a medical officer
present, unless it appears to the Magistrate or officer present, that the
offender is in a fit state of health to undergo such punishment.
(2)
Stay of execution. If, during the execution of a sentence of
whipping, a medical officer certifies, or it appears to the Magistrate or officer
present, that the offender is not in a fit state of health to undergo the
remainder of the sentence, the whipping shall be finally stopped.
395.
Procedure if punishment cannot be inflicted under section
394.-- (1) In any case in which, under section 394, a sentence of whipping is
wholly or partially, prevented 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.
(2)
Nothing in this section shall be deemed to authorize any
Court to inflict imprisonment for a term or a fine of an amount exceeding
that to which the accused is liable by law, or that which the said Court is
competent to inflict.
396.
Execution of sentences on escaped convicts.-- (1)--When
sentence is passed under this Code on an escaped convict, such sentence, if
of death, fine or whipping, shall, subject to the provisions hereinbefore
contained, take effect immediately and, if, of imprisonment, or
2[imprisonment for life] shall take effect according to the following rules, that
is to say:--

1
2

Subs. by Criminal Procedure (Amendment) Act ((25 of 1974), S. 12 (i).
Subs. by Criminal Procedure (Amendment) Act (25 of 1974).

145

The Code of Criminal Procedure, 1898

[Ss. 393-396]

(2)
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 immediately.
(3)
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 sentence.
Explanation.-- For the purposes of this section-1[(a)

* * * * * *]

(b)

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

(c)

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

2[397.

Sentence of offender already sentenced for another
offence. When a person already undergoing a sentence of imprisonment, or
[imprisonment for life], is sentenced to imprisonment, or [imprisonment for
life], such imprisonment, or [imprisonment for life], shall commence at the
expiration of the imprisonment, or [imprisonment for life] to which he has
been previously sentenced, unless the Court directs that the subsequent
sentence shall run concurrently with such previous sentence.
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 of such order, the latter sentence shall
commence immediately.
398.
Saving as to sections 396 and 397.-- (1) Nothing in section
396 or section 397 shall be held to excuse any person from any part of the
punishment to which he is liable upon his former or subsequent conviction.
(2)
When an award of imprisonment in default of payment of a
fine is annexed to a substantive sentence of imprisonment, or to a sentence of
3[imprisonment for life] and the person undergoing the sentence is after its
execution to undergo a further substantive sentence, or further substantive
1
2
3

Omitted by Act XXV of 1974, S. 12 (iii)
Subs. by Act XXV of 1974
Subs. by Criminal Procedure (Amendment) Act (25 of 1974).

[Ss. 397-398]

The Code of Criminal Procedure, 1898

146

sentences, of imprisonment, or 1[imprisonment for life] effect shall not be
given to the award of imprisonment in default of payment of the fine until
the person has undergone the further sentence or sentences.
399.
Confinement of youthful offenders in reformatories.-- (1)
When any person under the age of fifteen years is sentenced by any Criminal
Court to imprisonment for any 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.
(2)
All persons confined under this section shall be subject to
the rules so prescribed.
(3)
This section shall not apply to any place in which the
Reformatory Schools Act, 1897, is for the time being in force.
400.
Return of warrant on execution of sentence. When a
sentence has been fully executed, the officer executing it shall return the
warrant to the Court from which it is issued, with an endorsement under his
hand certifying the manner in which the sentence has been executed.
Chapter XXIX
OF SUSPENSIONS, REMISSIONS
AND COMMUTATIONS OF SENTENCES
401.
Power to suspend or remit sentences.-- (1) When any
person has been sentenced to punishment of an offence, the Provincial
Government may at any time without conditions or upon any conditions
which the person sentenced accepts, suspend the execution of his sentence or
remit the whole or any part of the punishment to which he has been
sentenced 2[:
Provided that the Provincial Government shall have no power to
suspend or remit any sentence awarded to an offender under Chapter XVI of
the Pakistan Penal Code if an offence has been committed by him in the
name or on the pretext of karo kari, siyah kari or similar other customs or
practices.]
(2)
Whenever an application is made to the Provincial
Government for the suspension or remission of a sentence, the Provincial
1
2

Subs. by Act XXV of 1974, item 133.
Colon subs. full-stop and proviso added by the Criminal Law (Amdt.) Act, 2004 (I of 2005)
dt. 10.1.2005.

147

The Code of Criminal Procedure, 1898

[Ss. 399-401]

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 exists.
(3)
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 sentence.
(4)
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.
(4-A) The provisions of the above sub-sections shall also apply to
any order passed by a Criminal Court under any section of this Code or of
any other law, which restricts the liberty of any person or imposes any
liability upon him or his property.
(5)
Nothing herein contained shall be deemed to interfere with
the right of the President or of the Central Government when such right is
delegated to it to grant pardons, reprieves, respites or remissions of
punishment.
(5-A) Where a conditional pardon is granted by the President or in
virtue of any powers delegated to it by the Central Government, any
condition thereby imposed, of whatever nature, shall be deemed to have
been imposed by a sentence of a competent Court under this Code and shall
be enforceable accordingly.
(6)
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.
402.
Power to commute punishment.-- (1) The Provincial
Government may, without the consent of the person sentenced, commute
any one of the following sentences for any other mentioned after it:-Death 1[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.

1

Subs. by Criminal Procedure (Amendment) Act (25 of 1974).

[S. 402]

The Code of Criminal Procedure, 1898

148

(2)
Nothing in this section shall affect the provisions of section
54 or section 55 of the Pakistan Penal Code.
402-A. Sentence of death. The powers conferred by section 401 and
402 upon the Provincial Government may, in the case of sentences of death,
also be exercised by the President.
1[402-B.

Certain restrictions on the exercise of powers by Provincial
Government. Notwithstanding anything contained in section 401 or section
402, the Provincial Government shall not except with the previous approval
of the President, exercise the powers conferred thereby in a case where the
President has passed an order in exercise of his powers under the
Constitution to grant pardons, reprieves and respites or to remit, suspend or
commute any sentence or of his powers under section 402-A].
2[402-C. Remission of Commutation of certain sentences not to be
without consent.-- Notwithstanding anything contained in section 401,
section 402, section 402A or section 402B, the Provincial Government, the
Federal Government or the President shall not, without the consent of the
victim or, as the case may be, of his heirs, suspend, remit or commute any
sentence passed under any of the sections in Chapter XVI of the Pakistan
Penal Code.]
3[402D. Provincial Government not to interfere in sentences of
rape.-Notwithstanding anything contained in sections 401, 402 or 402B, the
Provincial Government shall not suspend, remit or commute any sentence
passed under section 376 of the Pakistan Penal Code (Act XLV of 1860).]

Chapter XXX
OF PREVIOUS ACQUITTALS
OR CONVICTIONS
403.
Person once convicted or acquitted not to be tried for same
offence.-- (1) A person who has once been tried by a Court of competent
jurisdiction for an offence and convicted or acquitted of such offence shall,
while such conviction or acquittal remains in force, not be liable to be tried
again for the same offence, nor on the same facts for any other offence for
which a different charge from the one made against him might have been
made under section 236, or for which he might have been convicted under
section 237.
(2)
A person acquitted or convicted of any offence may be
afterwards tried for any distinct offence for which separate charge might
1
2
3

.

Inst. by Law Reforms Ordinance, 1972.
Added by Criminal Law (Amendment) Act, II of 1997, dated 11.4.1997.
Inserted by the Criminal Law Amendment Act, 2011

149

The Code of Criminal Procedure, 1898

[Ss. 402A-403]

have been made against him on the former trial under section 235, subsection (1).
(3)
A person convicted of any offence constituted by any act
causing consequence 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
convicted.
(4)
A person acquitted or convicted of any offence constituted
by any act may, notwithstanding such acquittal or conviction, be
subsequently charged with, and tried for, any other offence constituted by
the same acts which he 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.
(5)
Nothing in this section shall affect the provisions of section
26 of the General Clauses Act, 1897, or section 188 of this Code.
Explanation.-- The dismissal of a complaint, the stopping of
proceedings under section 249, 1[or the discharge of the accused] is not an
acquittal for the purposes of this section.
Illustrations

1

(a)

A is tried upon a charge of theft as a 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.

(b)

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.

(c)

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

(d)

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 B.

(e)

A is charged by a Magistrate of the first class with, and
convicted by him of, voluntarily causing hurt to B. A may

Subs. by Law Reforms Ordinance (XII of 1972).

[S. 403]

The Code of Criminal Procedure, 1898

(f)

(g)

150

not afterwards be tried for voluntarily causing grievous hurt
to B on the same facts, unless the case comes within
paragraph 3 of the section.
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
OF APPEALS

404.
Unless otherwise provided, no appeal to lie. No appeal
shall lie from any judgment or order of a Criminal Court except as provided
for by this Code or by any other law for the time being in force.
405.
Appeal from order rejecting application for restoration of
attached property. Any person whose application under section 89 for the
delivery of property or the proceeds of the sale thereof has been rejected by
any Court may appeal to the Court to which appeals ordinarily lie from the
sentences of the former Court.
1[406.
Appeal from order requiring security for keeping the peace
or for good behaviour.- Any person who has been ordered by a Magistrate
under section 118 to give security for keeping the peace or for good
behaviour may appeal against such order to the Court of Session:

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 (3A) of section 123.]
2[406-A. Appeal from order refusing to accept or rejecting a surety.
Any person aggrieved by an order refusing to accept or rejecting a surety
under section 122 may appeal against such order to the Court of Session].
3[407.

Appeal from sentence of Magistrate of the second or third
class.-- Any person convicted on a trial held by any Magistrate of the second

1

2
3

Section "406" subs. by the Code of Criminal Procedure (Amendment) Ordinance XXXVII
of 2001, dated 13th August, 2001.
Subs. by Law Reforms Ordinance XII of 1972.
S. 407 omitted by Law Reforms Ordinance, 1972. item 140.

151

The Code of Criminal Procedure, 1898

or third class, or any person sentenced under section 349 1[*
to the District Magistrate.

[Ss. 404-407]
] may appeal

(2)
Transfer of appeals to First Class Magistrate. The District
Magistrate may direct that any appeal under this section, or any class of such
appeals, shall be heard by any Magistrate of the first class subordinate to him
and empowered by the Provincial Government to hear such appeals, and
thereupon such appeal or class of appeals may be presented to such
subordinate Magistrate or, if already presented to the District Magistrate,
may be transferred to such subordinate Magistrate. The District Magistrate,
may withdraw from such Magistrate any appeal or class of appeals so
presented or transferred.]
408.
Appeal from sentence of Assistant Sessions Judge or
Magistrate]. Any person convicted on a trial held by an Assistant
Sessions Judge, 3[or a Judicial Magistrate] 4[Special Magistrate] or any person
sentenced under Section 349 5[* * *] may appeal to the Court of Session.
2[Judicial

Provided as follows:
(a)

[Rep. by the Criminal Law Amendment Act (XII of 1923), S.
23].

(b)

when in any case an Assistant Sessions Judge 6[* * *] passes
any sentence of imprisonment for a term exceeding four
years, 7[* * *] the appeal of all or any of the accused convicted
convicted at such trial shall lie to the High Court:

(c)

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.

8[409.

Appeals to Court of Session how heard.-- Subject to the
provisions of this section, an appeal to the Court of Session or the Sessions
1

2

3

4
5
6
7
8

Omitted by L.R.O. 1972, as amended by Act 21 of 1976, S. 2 & Sch. Item 20, enforced in
Punjab on 26.12.1975 by Punjab Notification No. Judl 1-3(2)/75. In Balochistan on
23.12.1975 by Balochistan Notification No. Leg. 3/15/Law/dated 23.12.1975. In N.W.F.P.
26.12.1975 by Notification No. Judl. 1-3(2)/75 dated 26.12.1975. In Sindh on 24.12.1975
by Notification No. S.Legis-4(8) dated 23.12.1975. In Islamabad on 21.3.1996 by Federal
S.R.O. 202()/96, dated 20.3.1996.
Subs. for the words "Magistrate of the First Class" by Law Reforms Ordinance, XII of
1972.
Subs. for the words "a District Magistrate or other Magistrate of the first class," by
Ordinance XII of 1972
Inst. by the Finance Act (III of 2006).
Words omitted by Law Reforms Ord., XII of 1972
Certain word omitted ibid.
Certain word omitted by Act XXV of 1974.
Subs. by Ordinance XII of 1972.

[Ss. 408-409]

The Code of Criminal Procedure, 1898

152

Judge shall be heard by the Sessions Judge or by an Additional Sessions
Judge or an Assistant Sessions Judge:
Provided that an Additional Sessions Judge shall hear only such
appeals 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
Session Judge unless the appeal is of a person convicted on a trial held by
any Magistrate of the second class or third class.]
410.
Appeal from sentence of Court of Session.-- Any person
convicted on a trial held by a Sessions Judge, or an Additional Sessions
Judge, may appeal to the High Court.
411.

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

411-A. Appeal from sentence of High Court.-- (1) Except in cases in
which an appeal lies to the Supreme Court under 1[Article 185] of
Constitution any person convicted on a trial held by a High Court in the
exercise of its original criminal jurisdiction may, notwithstanding anything
contained in section 418 or section 423, sub-section (2), or in the Letters
Patent of any High Court, appeal to the High Court-(a)

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

(b)

with the leave of the Appellate Court, or upon the certificate
of the Judge who tried the 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

(c)

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

(2)
Notwithstanding anything contained in section 147, 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 in the exercise of its original criminal jurisdiction, and such appeal
may notwithstanding anything contained in section 418, or section 423, subsection (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) if this
section on an appeal against a conviction, lie on a matter of fact as well as a
matter of law.

1

Subs. by Federal Adaptation of Laws Order (P. O. 4 of 1975).

153

The Code of Criminal Procedure, 1898

[Ss. 410-411A]

(3)
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 is 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 Court.
(4)
Subject to such rules as may from time to time be made by
the Supreme Court in this behalf, and to such conditions as the High Court
may establish or require, an appeal shall lie 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 for such appeal.
412.
No appeal in certain cases when accused pleads guilty.
Notwithstanding anything hereinbefore contained, where an accused person
has pleaded guilty and has been convicted by a High Court, a Court of
Session or Magistrate of the first class on such plea, there shall be no appeal
except as to the extent or legality of the sentence.
413.
No appeal in petty cases. Notwithstanding anything
hereinbefore contained, there shall be no appeal by a convicted person in
cases in which a High Court passes a sentence of imprisonment not
exceeding six months only or of fine not exceeding two hundred rupees only
or in which a Court of Session passes a sentence of imprisonment not
exceeding one month only, or in which a Court of Session or 1[a] Magistrate
of the first class passes a sentence of fine not exceeding fifty rupees only.
Explanation.-- There is no appeal from a sentence of imprisonment
passed by a such Court or Magistrate in default of payment of fine when no
substantive sentence of imprisonment has also been passed.
414.
No appeal from certain summary convictions.
Notwithstanding anything hereinbefore contained, there shall be no appeal
by a convicted person in any case tried summarily in which a Magistrate
empowered to act under section 260 passes a sentence of fine not exceeding
2[two hundred] rupees only.
3[414A.

No appeal from certain summary convictions under the law
relating to price contro. Notwithstanding anything contained in this Code or
any other law for the being in force, there shall be no appeal by a convicted
1
2
3

Subs. the words "District Magistrate or other" by Ord. XII of 1972.
Words “two hundred” subs. By the Finance Act (III of 2006).
Added by the Finance Act (III of 2006).

154

The Code of Criminal Procedure, 1898

[Ss. 418-423]

person in any case tried summarily in which a Special Magistrate appointed
under section 14A passes a sentence of fine not exceeding five thousand
rupees under the price Control and Prevention of Profiteering and Hoarding
Act, 1977 (XXIX of 1977) or under any other Federal law or Provincial law
relating to price control.]
415.
Proviso to sections 413 and 414. An appeal may be brought
against any sentence referred to in section 413 or section 414 by which any
punishment therein mentioned is combined with any other punishment, but
no sentence which not otherwise be liable to appeal shall be appealable
merely on the ground that the person convicted is ordered to find security to
keep the peace.
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.
415-A. Special right of appeal in certain cases. Notwithstanding
anything contained in this Chapter, when more persons than one are
convicted in one trial, and an appealable judgment or order has been passed
in respect of any of such persons, all or any of the persons convicted at such
trial shall have a right of appeal.
416.

[Rep. by Act XII of 1923, S. 26.]

1[417.

Appeal in case of acquittal.-- (1) Subject to the provisions of
sub-section (4), the Provincial Government may, in any case, direct the Public
Prosecutor to present an appeal to the High Court from an original or
appellate order of acquittal passed by Court other than a High Court.
(2)
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.
2[(2A) A person aggrieved by the order of acquittal passed by any
Court other than a High Court, may, within thirty days, file an appeal
against such order.]

(3)
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.
(4)
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)].

1
2

Subs. by Law Reforms Ord., 1972.
Inserted by Act XX of 1994, dated 14.11.1994.

[Schedule I]

The Code of Criminal Procedure, 1898

155

418.
Appeal on what matters admissible.-- (1) An appeal may lie on a
matter of fact as well as a matter of law 1[ . ].
(2)

2[*

* * * * * *]

Explanation.-- The alleged severity of a sentence shall, for the
purpose of this section, be deemed to be a matter of law.
419.
Petition of appeal. Every appeal shall be made in the form
of a petition in writing presented by the appellant or his pleader, and every
such petition shall (unless the Court to which it is presented otherwise
directs) be accompanied by a copy of the judgment or order appealed against
3[* * *]
420.
Procedure when appellant in jail. If the appellant is in jail,
he may present his petition of appeal and the copies accompanying the same
to the officer-in-charge of the jail, who shall thereupon forward such petition
and copies to the proper Appellate Court.
421.
Summary dismissal of appeal.-- (1) On receiving the
petition and copy under section 419 or section 420, the Appellate Court shall
peruse the same, and, if it considers that there is no sufficient ground for
interfering, it may dismiss the appeal summarily:
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.
(2)
Before dismissing an appeal under this section, the Court
may call for the record of the case, but shall not be bound to do so.
422.
Notice of appeal. If the Appellate Court does not dismiss the
appeal summarily, it shall cause notice to be given to the appellant or his
pleader, and to such officer as the Provincial Government may appoint in
this behalf of the time and place at which such appeal will be heard, and
shall, on the application of such officer, furnish him with a copy of the
grounds of appeal.
and, in cases of appeals under section 411-A, sub-section (2) or
section 417, the Appellate Court shall cause a like notice to be given to the
accused.

1
2
3

Omitted by Law Reforms Ord., 1972.
Omitted by Law Reforms Ord., 1972.
Commas, words and figures, "and, in cases tried by a jury, a copy of the heads of the
charge recorded under section 367" omitted by Law Reforms Ordinance, XII of 1972.

156

The Code of Criminal Procedure, 1898

[Ss. 418-423]

423.
Powers of Appellate Court in disposing of appeal.-- (1) The
Appellate Court shall then send for the record of the case, if such record is

[Ss. 424-425]

The Code of Criminal Procedure, 1898

157

not already in Court. After perusing such record, and hearing the appellant
or his pleader, if he appears, and the Public Prosecutor, if he appears, and in
case of an appeal under 1[section 411-A, 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-(a)

in an appeal from an order of acquittal, reverse such order
and direct that further inquiry be made, or that the accused
be retried or 2[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;

(b)

in an appeal from a conviction, (1) reverse the finding and
sentence, and acquit or discharge the accused, or order him
to be retired by a Court of competent jurisdiction
subordinate to such Appellate Court or 3[sent] for trial, or (2)
alter 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, alter the nature of the sentence, but subject to the
provisions of section 106, sub-section (3), not so as to
enhance the same;

(c)

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

(d)

make any amendment or any consequential or incidental
order that may be just or proper.

(2)

4[*

* * * *]

424.
Judgments of subordinate Appellate Courts. The rules
contained in Chapter XXVI as to the judgment of a Criminal Court of original
jurisdiction shall apply, so far as may be practicable, to the judgment of any
Appellate Court other than a High Court:
Provided that, unless the Appellate Court otherwise directs, the
accused shall not be brought up, or required to attend, to hear judgment
delivered.
425.
Order by High Court on appeal to be certified to lower
Court.-- (1) Whenever a case is decided on appeal by the High Court under
1

2
3
4

Subs. by the code of criminal procedure 3 Amendment Act, 1943 (26 of 1943), S. 5, for
"section 417".
Subs. by Law Reforms Ord., 1972.
Subs. the word "committed" by Ordinance XII of 1972.
Omitted, ibid.

158

The Code of Criminal Procedure, 1898

[S. 426]

this Chapter, it shall certify its judgment or order to the Court by which the
finding, sentence or order appealed against was recorded or passed. If the
finding, sentence or order was recorded or passed by a Magistrate other than
the District Magistrate, the certificate shall be sent through the District
Magistrate.
(2)
The Court to which the High Court certifies its judgment or
order shall thereupon make such orders as are conformable to the judgment
or order of the High Court; and, if necessary, the record shall be amended in
accordance therewith.
426.
Suspension of sentence pending appeals. Release of
appellant on bail.-- (1) Pending any appeal by a convicted person, the
Appellate Court may, for reasons to be recorded by it in writing, order that
the execution of the sentence or order appealed against be suspended and,
also, if he is in confinement, that he be released on bail or on his own bond.
1[(1A)

An Appellate Court shall, except where it is of the opinion
that the delay in the decision of appeal has been occasioned
by an act or omission of the appellant or any other person
acting on his behalf, order a convicted person to be released
on bail who has been sentenced(a)
to imprisonment for a period not exceeding three
years and whose appeal has not been decided within
a period of six months of his conviction;
(b)
to imprisonment for a period exceeding three years
but not exceeding seven years and whose appeal
has not been decided within a period of one year of
his conviction; or
(c)
to imprisonment for life or imprisonment exceeding
seven years and whose appeal has not been decided
within a period of two years of his conviction:
Provided that the provisions of the foregoing paragraphs shall not
apply to a previously convicted offender for an offence punishable
with death or Imprisonment for life or to a person who, in the
opinion of the Appellate Court, is a hardened desperate or
dangerous criminal or is accused of an act of terrorism punishable
with death or imprisonment for life.]
(2)
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 thereto.
1

.

Insertd new sub section by the Code of Criminal Procecdure (Amendment)
Act, No. VIII dated 18th April, 2011

[Ss. 427-428]

The Code of Criminal Procedure, 1898

159

(2-A) 1[Subject to the provisions of section 382-A] when any person
other than a person accused of a non-bailable offence is sentenced to
imprisonment by a Court, and an appeal lies from that sentence, the Court
may, if the convicted person satisfies the Court that he intends to present an
appeal order that he be released on 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.
(2-B) Where a High Court is satisfied that a convicted person has
been granted special leave to appeal to the Supreme Court against any
sentence which it has imposed or maintained, it may, if it so thinks fit order
that pending the appeal the sentence or order appealed against be
suspended, and, also, if the said person is in confinement, that he be released
on bail.
(3)
When the appellant is ultimately sentenced to
imprisonment, or 2[Imprisonment for life] the time during which he is so
released shall be excluded in computing the term for which he is so
sentenced.
427.
Arrest of accused in appeal from acquittal. When appeal is
presented under section 411-A, sub-section (2), or section 417, the High Court
may issue a warrant directing that the accused be arrested and brought
before it or any subordinate Court, and the Court before which he is brought
may commit him to prison pending the disposal of the appeal, or admit him
to bail.
428.
Appellate Court may take further evidence or direct it to be
taken.-- (1) In dealing with any appeal under this Chapter, the Appellate
Court, if it thinks additional evidence to be necessary shall record its reasons,
and may either take such evidence itself, or direct it to be taken by a
Magistrate, or, when the Appellate Court is a High Court, by a Court of
Session or a Magistrate.
(2)
When 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 appeal.
(3)
Unless the Appellate Court otherwise directs, the accused or
his pleader shall be present when the additional evidence is taken 3[* * * * *].

1
2
3

Inserted. by Law Reforms Ord., 1972.
Subs. by Ordinance. 1972.
Words "but such evidence shall not be taken in the presence of jurors of assessors"
omitted by Law Reforms Ordinance, 1972.

160

The Code of Criminal Procedure, 1898

[Ss. 429-435]

(4)
The taking of evidence under this section shall be subject to
the provisions of Chapter XXV, as if it were an inquiry.
429.
Procedure where Judges of Court of Appeal are equally
divided. When the Judges composing the Court of Appeal are equally
divided in opinion, the case, with their opinions thereon, shall be laid before
another Judge of the same Court, and such Judge, after such hearing (if any)
as he thinks fit, shall deliver his opinion, and the judgment or order shall
follow such opinion.
430.
Finality of orders on appeal. Judgments and orders passed
by an Appellate Court upon appeal shall be final, except in the case provided
for in section 417 and Chapter XXXVI.
431.
Abatement of appeals. Every appeal under section 411-A,
sub-section (2), or section 417 shall finally abate on the death of the accused,
and every other appeal under this Chapter (except an appeal from a sentence
of fine) shall abate on the death of the appellant.
Chapter XXXII
OF REFERENCE AND REVISION
432 & 433.-- [Omitted by A.O., 1949, Sch.]
434.-- [Omitted by Act XXVI of 1943, S. 6.]
435.
Power to call for records of inferior Courts.-- (1) The High
Court or any Sessions Judge 1[* * *], may call for and examine the record of
any proceeding before any inferior Criminal Court situate within the local
limits of its or his jurisdiction for the purpose of satisfying itself or himself as
to the correctness, legality or propriety of any finding, 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.
2[Explanation.--

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

1

2

(2)

[Omitted by Ordinance XII of 1972].

(3)

[Rep. by Act XVII of 1923, S. 116].

(4)

[Omitted by Ordinance XII of 1972].

Words "or District Magistrate, or any Sub-Divisional Magistrate empowered by the
Provincial Government in this behalf," omitted by Law Reforms Ordinance, 1972.
Subs. by Law Reforms Ordinance, 1972.

[Ss. 436-439]

The Code of Criminal Procedure, 1898

161

1[436.

Power to order inquiry. On examining any record under
section 435 or otherwise,
(a)

the High Court may direct the Sessions Judge to require a
Judicial Magistrate subordinate to him to make, and the
Sessions Judge himself may direct 2[any] 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; 3[* * *]

(b)

the High Court or the Sessions Judge may direct 4[any
Magistrate] to make further inquiry into any proceeding in
which order of discharge or release has been made under
section 119:

5[*

* * *]

437.

[Omitted by Act XXI of 1976].

438.

[Omitted by Law Reforms Ordinance XII of 1972]

439.
High Court's powers of revision.-- (1) In the case of any
proceeding the record of which has been called for by itself 6[* * * *] or which
otherwise comes to its knowledge, the High Court may, in its discretion,
exercise any of the powers conferred on a Court of Appeal by sections 423,
426, 427 and 428 or on a Court by section 338, and may enhance the sentence
and, when the Judges composing the Court of Revision are equally divided
in opinion, the case shall be disposed of in manner provided by section 429.
(2)
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 defence.
(3)
Where the sentence dealt with under this section has been
passed by a Magistrate 7[* * *] the Court shall not inflict a greater punishment
for the offence which, in the opinion of such Court, the accused has

1
2

3

4

5
6
7

Subs. by Law Reforms Ordinance, 1972.
Subs. the words "any Judicial" by the Code of Criminal Procedure (Amendment)
Ordinance XXXVII of 2001, dated 13th August, 2001.
Words "or into the case of any person accused of an offence who has been discharged;"
omitted by Law Reforms Act, XXI of 1976.
Subs. the words "the District Magistrate by himself or by any of the Executive Magistrates
subordinate to him" by the Code of Criminal Procedure (Amendment) Ordinance XXXVII of
2001, dated 13th August, 2001.
Proviso omitted by Act XXI of 1976.
Omitted by Law Reforms Ord., 1972.
Words "acting otherwise than under section 34," omitted by Law Reforms Ordinance,
1972.

162

The Code of Criminal Procedure, 1898

[Ss. 439A-442]

committed, than might have been inflicted for such offence by a Magistrate
of the first class.
1[(4)

Nothing in this section shall be deemed to authorize a High

(a)

to convert a finding of acquittal into one of conviction: or

(b)

to entertain any proceedings in revision with respect to an
order by the Sessions Judge under section 439-A.]

Court--

(5)
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 appealed.
(6)
Notwithstanding anything contained in this section, any
convicted person to whom an opportunity has been given under section (2)
of showing cause why his sentence should not be enhanced shall, in showing
cause, be entitled also to show cause against his conviction.
2[439-A.

Sessions Judge's powers of revision.-- (1) In the case of any
proceedings before a Magistrate the record of which has been called for by
the Sessions Judge or which otherwise comes to his knowledge, the Sessions
Judge may exercise any of the powers conferred on the High Court by
section 439.
(2)
An Additional Sessions Judge shall have and may exercise
all the powers of a Sessions Judge under this Chapter in respect of any case
which may be transferred to him under any general or special order of the
Sessions Judge].
440.
Optional with Court to hear parties. No party has any right
to be heard either personally or by pleader before any Court when exercising
its powers of revision:
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).
441.

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

442.
High Court's order to be certified to lower Court or
Magistrate. When a case is revised under this Chapter by the High Court, it
shall, in manner hereinbefore provided by section 425, certify its decision or
order to the Court by which the finding, sentence or order revised was
recorded or passed, and the Court or Magistrate to which the decision or
1
2

Subs. by Ibid.
S. 439-A added by Law Reforms Ord., 1972.

[Ss. 443-466]

The Code of Criminal Procedure, 1898

163

order is so certified shall thereupon make such orders as are conformable to
the decision so certified; and, if necessary, the record shall be amended in
accordance therewith.
PART VIII
SPECIAL PROCEEDINGS
CHAPTER XXXIII
443 to 463 omitted by the Criminal Law (Extinction of Discriminatory
Privileges) Act, 1949 (II of 1950) Schedule].
Chapter XXXIV
LUNATICS
464.
Procedure in case of accused being lunatic.-- (1) When a
Magistrate holding an inquiry or a trial has reason to believe that the accused
is of unsound mind and 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 district 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.
(1-A) Pending such examination and inquiry, the Magistrate may
deal with the accused in accordance with the provisions of section 466.
(2)
If such Magistrate is of opinion that the accused is of
unsound mind and consequently incapable of making his defence he shall
record a finding to that effect and, shall postpone further proceedings in the
case.
465.
Procedure in case of person 1[sent for trial] before Court of
Session or High Court being lunatic.-- 2[(1) If any person before a Court of
Session or a High Court appears to the Court at his trial to be of unsound
mind and consequently incapable of making his defence, the Court shall, in
the first instance, try the fact of such unsoundness 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)
The trial of the fact of the unsoundness of mind and
incapacity of the accused shall be deemed to be part of his trial before the
Court.
466.
Release of lunatic pending, investigation or trial.-- (1)
Whenever an accused person is found to be of unsound mind and incapable
1
2

Subs. by Law Reforms Ord., 1972.
Subs. by Law Reforms Ord., 1972.

164

The Code of Criminal Procedure, 1898

[Ss. 467-469]

of making his defence, the Magistrate or Court, as the case may be whether
the case is one in which bail may be taken or not, may release him on
sufficient security being given that he shall be properly taken care of and
shall be prevented from doing injury to himself or to any other person, and
for his appearance when required before the Magistrate or Court or such
officer as the Magistrate or Court appoints in this behalf.
(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.
467.
Resumption of inquiry or trial.-- (1) Whenever an inquiry
or a trial is postponed under section 464 or section 465, the Magistrate or
Court, as the case may be, may at any time resume the inquiry or trial, and
require the accused to appear or be brought before such Magistrate or Court.
(2)
When the accused has been released under section 466, and
the sureties for his appearance produce him to the officer whom the
Magistrate or Court appoints in this behalf, the certificate of such officer that
the accused is capable of making his defence shall be receivable in evidence.
468.
Procedure on accused appearing before Magistrate or
Court.-- (1) If, when the accused appears or is again brought before the
Magistrate or the Court, as the case may be, the Magistrate or Court,
considers him capable of making his defence, the inquiry or trial shall
proceed.
(2)
If the Magistrate or Court considers the accused to be still
incapable of making his defence, the Magistrate or Court shall again act
according to the provisions of section 464 or section 465, as the case may be,
and if the accused is found to be of unsound mind and incapable of making
his defence, shall deal with such accused in accordance with the provisions
of section 466.
1[469.
When accused appears to have been insane. When the
accused appears to be of sound mind at the time of inquiry or trial, and the
Magistrate or Court is satisfied from the evidence given before him that there
is reason to believe that the accused committed an act which, if he had been
of sound mind, would have been an offence, and that he was, at the time

1

Subs. by Law Reforms Ord., 1972.

[Ss. 470-474]

The Code of Criminal Procedure, 1898

165

when the act was committed, by reason of unsoundness of mind, incapable
of knowing the nature of the fact or that it was wrong or contrary to law, the
Magistrate or Court shall proceed with the case].
470.
Judgment of acquittal on ground of lunacy. Whenever any
person is acquitted upon the ground that, at the time at which he is alleged
to have committed an offence, he was, by reason of unsoundness of mind,
incapable of knowing the nature of the act alleged as constituting the offence,
or that it was wrong or contrary to law, the finding shall state specifically
whether he committed the act or not.
471.
Person acquitted on such ground to be detained in safe
custody.-- (1) Whenever the finding states that the accused person
committed the act alleged, the Magistrate or Court before whom, or which
the trial has been held, shall, if such act would but for the incapacity, found,
have constituted an offence, order such person to be detained in safe custody
in such place and manner as the Magistrate or Court thinks 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.
(2)
Power of Provincial Government to relieve InspectorGeneral 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 all or any of the functions of the
Inspector-General of Prisons under section 473 or section 474.
472.
Schedule II].

[Rep. by the Lunacy Act, 1912 (IV of 1912), S. 101 and

473.
Procedure where lunatic prisoner is reported capable of
making his defence. If such person is detained under the provisions of
section 466, and in the case of a person detained in a jail, the InspectorGeneral of Prisons, or, in the case of a person detained in a lunatic asylum,
the visitor of such asylum or any two of them shall certify, that, in his or their
opinion, such person is capable of making his defence, he shall be taken
before the Magistrate or Court, as the case may be, at such time as the
Magistrate or Court, appoints, and the Magistrate or Court shall deal with
such person under the provisions of section 468, and the certificate of such
Inspector-General or visitors as aforesaid shall be receivable as evidence.
474.
Procedure where lunatic detained under section 466 or 471
is declared fit to be released.-- (1) If such person is detained under the
provisions of section 466 or section 471, and such Inspector-General or
visitors shall certify that in his or their judgment, he may be released without

166

The Code of Criminal Procedure, 1898

[S. 475]

danger of his doing injury to himself or to any other person, the Provincial
Government may thereupon order him to be released or to be detained in
custody, or to be transferred to a public lunatic asylum; if he has not been
already sent to such an asylum; and, in case it orders him to be transferred to
an asylum, may appoint a Commission, consisting of a Judicial and two
medical officers.
(2)
Such Commission shall make formal inquiry into the state of
mind of such person, taking such evidence as is necessary, and shall report to
the Provincial Government, which may order his release or detention as it
thinks fit.
475.
Delivery of lunatic to care of relative or friend.-- (1)
Whenever any relative or friend of any person detained under the provisions
of section 466 or section 471 desires that he shall be delivered to his care and
custody, the Provincial Government may, upon the application of such
relative or friend and on his giving security to the satisfaction of such
Provincial Government that the person delivered shall-(a)

be properly taken care of and prevented from doing injury
to himself or to any other person, and

(b)

be produced for the inspection of such officer, and at such
times and places, as the Provincial Government may direct,
and

(c)

in the case of a person detained under section 466, be
produced when required before such Magistrate or Court,

order such to be delivered to such relative or friend.
(2)
If the person so delivered is accused of any offence the trial
of which has been postponed by reason of his being of unsound mind and
incapable of making his defence, and the inspecting officer referred to in subsection (1), clause (b) certifies at any time to the Magistrate or Court that such
person is capable of making his defence, such Magistrate or Court shall 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.

[S. 476]

The Code of Criminal Procedure, 1898

167

Chapter XXXV
PROCEEDINGS IN CASE OF CERTAIN OFFENCES AFFECTING THE
ADMINISTRATION OF JUSTICE
1[476.
Procedure in cases mentioned in section 195.-- (1) When
any offence referred to in section 195, sub-section (1), clause (b) or clause (c),
has been committed in or in relation to a proceeding in any civil, Revenue or
Criminal Court, the Court may take cognizance of the offence and try the
same in accordance with the procedure prescribed for summary trials in
Chapter XXII.

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

pass any sentence on the offender authorised by law for such
offence, except a 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;

(b)

sentence the offender to simple imprisonment for a term
which may extend to three months, or to pay a fine not
exceeding 2[one thousand rupees, or both, if such Court be a
Court of a Magistrate of the first class, a Civil Court other
than High Court, a District Court or a Court exercising the
powers of a District Court, or a Revenue Court not inferior
to Court of Collector;

(c)

sentence the offender to simple imprisonment for a term not
exceeding one 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).

(3)
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 119.
(4)
Any person sentenced by any Court under this section may,
notwithstanding anything hereinbefore contained, appeal-1
2

Subs. by Law Reforms Ord., 1972.
Subs. by Act XXI of 1976.

168

The Code of Criminal Procedure, 1898

[Ss. 476A-480]

(a)

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

(b)

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

(c)

in any other case, to the Sessions Judge.

(5)
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.
1[476-A
Forwarding of cases for trial by Courts having
jurisdiction.-- (1) If the Court in any case considers that the person accused
of any of the offences referred to in section 476, sub-section (1), and
committed in, or in relation to, any proceedings before it, should not be tried
under that section, such Court may, after recording the facts constituting the
offence and the statement of the accused person, as hereinbefore provided,
forward the case to a Court having jurisdiction to try the case, and may
require security to be given for the appearance of such accused person before
such Court, or, if sufficient security is not given, shall forward such person in
custody to such Court.

(2)
The Court of which a case is forwarded under this section
shall proceed to hear the complaint against the accused person in the manner
hereinbefore provided]
476-B. [Omitted by Law Reforms Ordinance, 1972].
477.
[Rep. by the Code of Criminal Procedure (Amendment) Act,
1923 (XVIII of 1923), S. 129].
478-479. [Omitted by Law Reforms Ordinance 1972].
480.
Procedure in certain cases of contempt.-- (1) When any such
offence as is described in section 175, section 178, section 179, section 180 or
section 228 of the Pakistan 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)
1

[Omitted by Act II of 1950, Sch].

Subs. by Act XXI of 1972.

[Ss. 481-485]

The Code of Criminal Procedure, 1898

169

481.
Record in such cases.-- (1) In every such case the Court shall
record the facts constituting the offence, with the statement (if any) made by
the offender, as well as the finding and sentence.
(2)
If the offence is under section 228 of the Pakistan Penal
Code, the record shall show the nature and stage of the judicial proceeding
in which the Court interrupted or insulted was sitting, and the nature of the
interruption or insult.
482.
Procedure where Court considers that case should not be
dealt with under section 480.-- (1) If the Court in any case considers that a
person accused of any of the offences referred to in section 480 and
committed in its view or presence should be imprisoned otherwise than in
default of payment of fine, or that a fine exceeding two hundred rupees
should be imposed upon him, or such Court is for any other reason of
opinion that the case should not be disposed of under section 480, such
Court, after recording the facts constituting the offence and the statement of
the accused as hereinbefore provided, may forward the case to a Magistrate
having jurisdiction to try the same, and may require security to be given for
the appearance of such accused person before such Magistrate, or if sufficient
security is not given, shall forward such person in custody to such
Magistrate.
(2)
The Magistrate, to whom any case is forwarded under this
section, shall proceed to hear the complaint against the accused person in
manner hereinbefore provided.
483.
When Registrar or Sub-Registrar to be deemed a Civil
Court within sections 480 and 482. When the Provincial Government so
directs, any Registrar or any Sub-Registrar appointed under the
1[Registration Act, 1908] shall be deemed to be a Civil Court within the
meaning of section 480 and 482.
484.
Discharge of offender on submission or apology. When
any Court has under section 480 or section 482 adjudged an offender to
punishment or forwarded him to a Magistrate for trial for refusing or
omitting to do anything which he was lawfully required to do or for any
intentional insult or interruption, the Court may, in its discretion, discharge
the offender or remit the punishment on his submission to the order or
requisition of such Court, or on apology being made to its satisfaction.
485.
Imprisonment or committal of person refusing to answer
or produce document. If any witness or person called to produce a
document or thing before a Criminal Court refuses to answer such questions
1

Subs. by Law Reforms Ord., 1972.

170

The Code of Criminal Procedure, 1898

[Ss. 486-487]

as are put to him or to produce any document or thing in his possession or
power which the Court requires him to produce, and does not offer any
reasonable excuse for such refusal, such Court may, for reasons to be
recorded in writing, sentence him to simple imprisonment, or by warrant
under the hand of the Presiding Magistrate or Judge commit him to the
custody of an officer of the Court for any term not exceeding seven days,
unless in the meantime such person consents to be examined and to answer,
or to produce the document or thing. In the event of his persisting in his
refusal, he may be dealt with according to the provisions of section 480 or
section 482, and in the case of a High Court, shall be deemed guilty of a
contempt.
486.
Appeal from convictions in contempt cases.-- (1) Any
person sentenced by any Court under section 480 or section 485 may,
notwithstanding anything hereinbefore contained, appeal to the Court to
which decrees or orders made in such Court are ordinarily appealable.
(2)
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.
(3)
An appeal from such conviction by a Court of Small Causes
shall lie to the Court of Session for the sessions division within which such
Court is situate.
(4)
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, 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.
487.
Certain Judges and Magistrates not to try offences referred
to in section 195 when committed before themselves.-- (1) Except as
provided in sections 1[476], 480 and 485, no Judge of a Criminal Court or
Magistrate, other than a Judge of a High Court, shall try any 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.
(2)

1

[Omitted by Law Reforms Ord., 1972]

Inserted by Reforms Ord., 1972.

[Ss. 488-491]

The Code of Criminal Procedure, 1898

171

Chapter XXXVI
OF THE MAINTENANCE OF WIVES AND CHILDREN
488 to 490. Omitted by Criminal Law (Amendment) Ordinance
XXVII Of 1981]
Chapter XXXVII
DIRECTIONS OF THE NATURE OF A HABEAS CORPUS
491.
Power to issue directions of the nature of a habeas corpus.- (1) Any High Court may, whenever it thinks fit, direct-(a)

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

(b)

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

(c)

that a prisoner detained in any jail situate 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;

(d)

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 Courtmartial or Commissioners respectively;

(e)

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

(f)

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.

1[(1A)

The High Court may, by general or special order published
in the official Gazette, direct that all or any of its powers specified in clauses
(a) and (b) of sub-section (1) shall, subject to such conditions, if any, as may
be specified in the order, be exercisable also by-(a)

a Sessions Judge; or

(b)

an Additional Sessions Judge,

within the territorial limits of a Sessions Division.]
(2)
The High Court may, from time to time, frame rules to
regulate the procedure in cases under this section.
1

Sub-section (1-A) inst. by Code of Criminal Procedure (Amendment) Ordinance (VIII of
2002), dt. 9.2.2002.

172

The Code of Criminal Procedure, 1898

1[any

[Ss. 491A-494]

(3)
Nothing in this section applies to persons detained under
law providing for preventive detention.]

491-A. [Powers of High Court outside the limits of appellate jurisdiction].
Omitted by the Criminal Law (extinction of Discriminatory Privileges) Act,
1949 (II of 1950), Schedule.
PART IX
SUPPLEMENTARY PROVISIONS
Chapter XXXVIII
OF THE PUBLIC PROSECUTOR
492.
Power to appoint Public Prosecutors.-- (1) The Provincial
Government, may appoint, generally, or in any case, or for any specified
class of cases, in any local area, one or more officers to be called Public
Prosecutors.
2[Officer-in-Charge of prosecution in the district] may, in the
(2)
absence of the Public Prosecutor, or where no Public Prosecutor has been
appointed, appoint any other person, not being an officer of police below
such rank as the Provincial Government may prescribe in this behalf to be
Public Prosecutor for the purpose of any case.

493.
Public Prosecutor may plead in all Courts in cases under
his charge. Pleaders privately instructed to be under his direction. The
Public Prosecutor may appear and plead without any written authority
before any Court in which any case of which he has charge is under inquiry,
trial or appeal, and if any private person instructs a pleader to prosecute in
any Court any person in any such case, the Public Prosecutor shall conduct
prosecution, and the pleader so instructed shall act therein, under his
directions.
494.
Effect of withdrawal from prosecution. Any Public
Prosecutor may, with the 3[***] consent of the Court, before the judgment is
pronounced, withdraw from the prosecution of any person either generally
or in respect of any one or more of the offences for which he is tried; and
upon such withdrawal,-(a)

1
2

3

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

Subs. by Ord. XXVII of 1981.
Subs. for the words "The District Magistrate, or, subject to the control of the District
Magistrate, the Sub-Divisional Magistrate" by the Code of Criminal Procedure
(Amendment) Ordinance XXXVII of 2001, dated 13th August, 2001.
Omitted by Law Reforms Ordinance (XII of 1972).

[Ss. 495-497]

The Code of Criminal Procedure, 1898

173

(b)

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.
495.
Permission to conduct prosecution.-- Any Magistrate
inquiring into or trying any case may permit the prosecution to be conducted
by any person other than an officer of police below the rank to prescribed by
the Provincial Government in this behalf but no person, other than the
Advocate-General, Standing Counsel, Government Solicitor, Public
Prosecutor or other officer generally or specially empowered by the
Provincial Government in this behalf, shall be entitled to do so without such
permission.
(2)
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.
(3)
Any person conducting the prosecution may do so
personally or by a pleader.
(4)
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 prosecuted.
Chapter XXXIX
OF BAIL
496.
In what cases bail to be taken. When any person other than
a person accused of a non-bailable offence is arrested or detained without
warrant by an officer in-charge of a police-station, or appears or is brought
before a Court, and is prepared at any time while in the custody of such
officer or at any stage of the proceedings before such Court to give bail, such
person shall be released on bail: Provided that such officer or Court, if he or
it thinks fit, may, instead of taking bail from such person, discharge him on
his executing a bond without sureties for his appearance as hereinafter
provided:
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).
497.
When bail may be taken in case of non-bailable offence.-(1) When any person accused of any non-bailable offence is arrested or
detained without warrant by an officer in charge of a police-station, or
appears or is brought before a Court, he may be released on bail, but he shall
not be so released if there appear reasonable grounds for believing that he
has been guilty of an offence punishable with death or imprisonment for life
or imprisonment for ten years]:

174

The Code of Criminal Procedure, 1898

[S. 497]

Provided that the Court may direct that any person under the age of
sixteen years 1[or any woman] or any sick or infirm person accused of such
an offence be released on bail:
2[

x x x x x x]

Provided further that a person accused of an offence as aforesaid
shall not be released on bail unless the prosecution has been given notice to
show cause why he should not be so released.3[;]
Provided further that the Court shall, except where it is of the
opinion that the delay in the trial of the accused has been occasioned by an
act or omission of the accused or any other person acting on his behalf, direct
that any person shall be released on bail.
(a)

who, being a ccused of any offence not punishable with
death, has been detained for such offence for a continuous
period exceeding on e year or in case of a woman exceeding
six months and whose trial for such offence has not
concluded; or

(b)

who, being accused of an offence punishable with death, has
been detained for such offence for a continuous period
exceeding two years and in case of a woman exceeding one
year and whose trial for such offence has not concluded:

Provided further that the provisions of the foregoing proviso shall
not apply to a previously convicted offender for an offence punishable with
death or imprisonment for life or to a person who, in the opinion of the
Court, is a hardened, desperate or dangerous criminal or is accused of an act
of terrorism punishable with death or imprisonment for life.]
(2)
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 nonbailable 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 provided.

1

2

3

.

Words Insertd by the Code of Criminal Procecdure (Amendment) Act, No. VIII dated
th
18 April, 2011
Second Third and fourth proviso Omited by the Code of Criminal Procecdure
th
(Amendment) Act, No. VIII dated 18 April, 2011
Subs. Colon and added new proviso by the Code of Criminal Procecdure
th
(Amendment) Act, No. VIII dated 18 April, 2011

[Ss. 498-500]

The Code of Criminal Procedure, 1898

175

(3)
An officer or a Court releasing any person on bail under subsection (1) or sub-section (2) shall record in writing his or its reasons for so
doing.
(4)
If, at any time after the conclusion of 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.
(5)
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 custody.
498.
ower to direct admission to bail or reduction of bail. The
amount of every bond executed under this Chapter shall be fixed with due
regard to the circumstances of the case, and shall not be excessive; and the
High Court or Court of Session may, in any case, whether there be an appeal
on conviction or not, direct that any person be admitted to bail, or that the
bail required by a police-officer or Magistrate be reduced. .
1[498-A. No bail to be granted to a person not in custody, in Court
or against whom no case is registered etc. Nothing in section 497 or section
498 shall be deemed to require or authorise a Court to release on bail, or to
direct to be admitted to bail, any person who is not in custody or is not
present in Court or against whom no case stands 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].

499.
Bond of accused and sureties. (1) Before any person is
released on bail or released on his own bond, a bond for such sum of money
as the police-officer or Court, as the case may be, thinks sufficient shall be
executed by such person, and, when he is released on bail, by one or more
sufficient sureties conditioned that such person shall attend at the time and
place mentioned in the bond, and shall continue so to attend until otherwise
directed by the Police-officer or Court, as the case may be.
(2)
f the case so requires, the bond shall also bind the person
released on bail to appear when called upon at the High Court, Court of
Session or other Court to answer the charge.
500.
Discharge from custody. (1) As soon as the bond has been
executed, the person for whose appearance it has been executed shall be
1

S. 498•A ins. by Code of Criminal Procedure (Amendment) Act (13 of 1976).

176

The Code of Criminal Procedure, 1898

[Ss. 501-503]

released; and, when he is in jail, the Court admitting him to bail shall issue
an order of release to the officer-in-charge of the jail, and such officer on
receipt of the order shall release him.
(2)
Nothing in this section, section 496 or section 497 shall be
deemed to require the release of any person liable to be detained for some
matter other than that in respect of which the bond was executed.
501.
Power to order sufficient bail when that first taken is
insufficient., If through mistake, fraud or otherwise, insufficient sureties
have been accepted, or if they afterwards become insufficient, the Court may
issue a warrant of arrest directing that the person released on bail be brought
before it and may order him to find sufficient sureties, and, on his failing so
to do, may commit him to jail.
502.
Discharge of sureties.--(1) All or any sureties for the
attendance and appearance of a person released on bail may at any time
apply to a Magistrate to discharge the bond; either wholly or so far as relates
to the applicants.
(2)
On such application being made, the Magistrate shall issue
his warrant of arrest directing that .the person so released be brought before
him.
(3)
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 fails to do so,
may commit him to custody.
CHAPTER XL
OF COMMISSIONS FOR THE EXAMINATION OF WITNESSES
503.
When attendance of witness may be dispensed with. (1)
Whenever, in the course of an inquiry, a trial or any other proceeding under
this Code, it appears to 1[* *] a Court of Session or the High Court that the
examination of witness is necessary for the ends of justice, and that the
attendance of such witness cannot be procured without an amount of delay,
expense or inconvenience which under the circumstances of the case, would
be unreasonable, such 2[* *] Court may dispense with such attendance and
may issue a commission to any 3[* *] Magistrate of the first class, within the

1
2

3

The words"a Presidency Magistrate" omitted by A:O., 1949, Sch.
Omitted the words "Magistrate or" by the Code of Criminal Procedure (Am) Ord. XXXVII of
2001, dated 13.8.2001.
Omitted the words "District Magistrate or" by the Code of Criminal Procedure (Am) Ord.
XXXVII of 2001, dated 13.8.2001.

[Ss. 504-505]

The Code of Criminal Procedure, 1898

177

local limits of whose jurisdiction such witness resides, to take the evidence of
such witness.
1[(2)

*

*]

2[(2-A)

When the witness resides in an area in or in relation 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
recognized by the President by notification in official Gazette as a Court or
officer to which or to whom commissions may be issued under this subsection and within the local limits of whose jurisdiction the witness resides.]
(2-B) When the witness resides in the United Kingdom or any
other country of the Commonwealth 3[* *] or in the Union of Burma 4[or any
other country in which reciprocal arrangement in this behalf exists], the
commission may be issued to such Court or Judge.having authority in this
behalf in that country as may be specified by the Central Government by
5[notification in the official Gazette.]
(3)
The Magistrate or officer to whom the commission is issued,
*] 7[* *] 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 trials of
8[cases] under this Code.
6[*

9[(4)
Where the commission 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 Pakistan.
504.
Omitted by A.0. 1949, Schedule.
505.
Parties may examine witnesses.--(1) The parties to any
proceeding under this Code in which a commission is issued may,

1
2
3
4
5

6

7

8

9

Omitted by Federal Laws (Revision and Declaration) Ord. (27 of 1981).
Subs. by Ibid.
Omitted by Law Reforms Ord., 1972.
Ins. by the Civil and Criminal Procedure Codes (Am) Ord., 1962 (67 of 1962), S. 2.
.
For instance of notification see Gaz. of Pak., 1960. Ext., pp. 461 462, ibid, 1963, Pt. I, p.
20.
The commas and words, "or if he lithe District Magistrate, he," omitted by Federal Laws
(Revision & Declaration) Ord. (27 of 1981).
Words and comma "or such Magistrate of the First Class as he appoints in this behalf"
omitted by the Law Reforms Ord., 1972.
Words and comma "or such Magistrate of the First Class as he appoints in this behalf"
omitted by the Law Reforms Ord., 1972.
Words and comma "or such Magistrate of the First Class as he appoints in this behalf"
omitted by the Law Reforms Ord., 1972.

178

The Code of Criminal Procedure, 1898

[Ss. 506-507]

respectively forward any interrogatories in writing which the Magistrate or
Court directing the commission may think relevant to the issue and when the
commission is directed to a Magistrate or officer mentioned in section 503,
such Magistrate or the officer, to whom the duty of executing such
commission has been delegated shall examine the witness upon such
interrogatories.
(2)
Any such party may appear before such Magistrate or officer
by pleader, or if not in custody, in person, and may examine, cross-examine
and re-examine (as the case may be) the said witness.
506.
Power of 1[xxxx] Magistrate to apply for issue of
commission. Whenever, in the course of an inquiry or a trial or any other
'proceeding under this Code before any Magistrate 2[* *], it appears that a
commission ought to be issued for the examination of a witness whose
evidence is necessary for the ends of justice, and that the attendance of such
witness cannot be procured without an amount of delay, expense or
inconvenience which, under the circumstances of the case, would be
unreasonable 3[such Magistrate 4[* *], shall apply to the Sessions Judge 5[* *]
stating .the reasons for the application 6[and the Sessions Judge 7[* *] may
either issue a commission in the manner hereinbefore provided or reject the
application.
507.
Return of commission. --(1) After any commission issued
under section 503 or section 506 has been,duly executed, it shall be returned,
together with the deposition of the witness examined thereunder, to the
Court out of which it issued; and the commission, the return thereto and the
deposition shall be open at all reasonable times, to inspection of the parties,
and may, subject to all just exceptions, be read in evidence in the case by
either party, and shall form part of the record.
(2) Any deposition so taken, if it satisfied the conditions 'prescribed
by section 33 of the Evidence Act, 1872, may also be received in evidence at
any subsequent stage of the case before another Court.
1
2

3

4

5

6

7

Words "Provincial Subordinate" omitted by Law Reforms Ord.
Words "other than a District Magistrate" omitted by the Code of Criminal Procedure (Am)
Ord. XXXVII of 2001, dated 13.8.2001.
Subs. for the words "such Magistrate shall apply to the District Magistrate" by Law
Reforms Ord., 1972.
Words "if he is a Judicial Magistrate" omitted by.the Code of Criminal Procedure (Am) Ord.
XXXVII of 2001, dated 13.8.2001.
Words "and if he is an Executive Magistrate, shall apply to the District Magistrate" omitted
by the Code of Criminal Procedure (Am) Ord. XXXVII of 2001, dated 13.8.2001.
Subs. the words "such Magistrate shall apply to the District Magistrate" by Law Reforms
Ord., 1972.
Words "or the District Magistrate, as the case may be," omitted by the Code of Criminal
Procedure (Am) Ord. XXXVII of 2001, dated 13.8.2001.

[Ss. 508-510]

The Code of Criminal Procedure, 1898

179

508.
Adjournment of inquiry or trial. In every case in which a
commission is issued under section 503 or section 506, the inquiry, trial or
other proceeding may be adjourned for a specified time reasonably sufficient
for the execution and return of the commission.
1[508-A. Application of this Chapter to commissions issued in
Burma. The provisions of sub-section (3) of section 503, 2[* *] and so much of
sections 505 and 507 as relates to the execution of a commission and its
return by the Magistrate or officer to whom the commission is directed shall
apply in respect of commissions issued 3[by any Court or Judge having
authority in this behalf in the United Kingdom or in any other country of the
Commonwealth 4[* * ] or in the

Union of Burma 5[or any other country in which reciprocal
arrangement in this behalf exists] under the law in force in that country]
relating to, commission for the examination of witnesses, as they apply to
commissions issued under section 503 or section 506].
6[Explanation.--In

this section, the word "Court" includes the Judge,
Advocate-General of Army in India and the Chief Legal Advisor of Air Force
India.]
Chapter XLI
SPECIAL RULES OF EVIDENCE
509.
Deposition of medical witness.--(1) The deposition of a
Civil Surgeon or other medical witness, taken and attested by a Magistrate in
the presence of the accused, or taken on commission under Chapter XL, may
be given in evidence in any inquiry, trial or other proceeding under this
Code, although the deponent is not called as a witness.
(2)
Power to summon medical witness. The Court may, if it
thinks fit, summon and examine such deponent as to the subject-matter of
his deposition.
7[510.

Report of Chemical Examiner, Serologist. Any document
purporting to be a report, under the hand of any Chemical Examiner,
Assistant Chemical Examiner to Government 8[or of the Chief Chemist of the
Pakistan Security Printing Corporation Limited] or any Serologist,
fingerprint expert or fire-arm expert appointed by Government upon any
1
2
3
4
5
6
7
8

Section 508-A Ins. by Act, 35 of 1940, S. 3.
The words rep. by Act, 26 of 1951, S. 3 and Sch. II.
Subs. by Act, 14 of 1950. S. 5.
The words "other than Pakistan" omitted by Law Reforms Ord., 1972.
Ins. by Ord. 67 of 1962, S. 2 (w.e.f. 27th June, 1962).
Added by West Pak. Act 17 of 1964.
Subs. by Law Reforms Ord., 1972.
Ins. by Code of Criminal Procedure (Am) Ord. (V of 1983).

180

The Code of Criminal Procedure, 1898

[Ss. 511-512]

matter or thing duly submitted to him for examination or analysis and report
in the course of any proceeding under this Code, may, without calling him as
a witness, be used as evidence in any inquiry trial or other proceeding under
this Code:
Provided that the Court may, 1[if it considers necessary in the interest
of justice] summons and examine' the person by whom such report has been
made].
511.
Previous conviction or acquittal how proved. In any
inquiry trial or other proceeding under this Code, a previous conviction or
acquittal may be proved, in addition to any other mode provided by any law
for the time being in force-(a)

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 copy of the sentence or
order; or

(b)

in case of a conviction, either by a certificate signed by the
officer-in-charge 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 acquitted.
512.
Record of evidence in absence of accused.--(1) If it is
proved that an accused person has absconded, and that there is no
immediate prospect of arresting him, the Court competent to try or 2[send for
for trial to the Court of Session or High Court] such person for the offence
complained of may, in his absence, examine the witnesses (if any) produced
on behalf of the prosecution, and record their depositions. Any such
deposition may, on the arrest of such person, be given in evidence against
him on the inquiry into, or trial for, the offence with which he is charged, if
the deponent is dead or incapable of giving evidence or his attendance
cannot be procured without an amount of delay, expense or inconvenience
which, under the circumstances of the case, would be unreasonable.
(2)
Record of evidence when, offender unknown. If it appears that an
offence punishable with death or 3[imprisonment for life] has been
committed by some person or persons unknown, the High Court may direct
that any Magistrate of the first class shell hold an inquiry and examine any
1
2
3

Subs. by Act, XXI of 1976. .
Subs. by Act, XXI of 1976.
Subs. the word "transportation" by Law Reforms Ord. (XII of 1972).

[Ss. 513-514]

The Code of Criminal Procedure, 1898

181

witness who can give evidence concerning the offence. 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
513.
Deposit instead of recognizance. When any person is
required by any Court or officer to execute a bond, with or without sureties,such Court or officer may, except in the case of a bond for good behaviour,
permit him to deposit a sum of money or Government promissory comments
to such amount as the Court or officer may fix, in lieu of executing such
bond.
514.
Procedure on forfeiture of bond.(1) Whenever' it is proved
to the satisfaction of the Court by which a bond under this Code has been
taken or of the Court of a Magistrate of the first class,
or, when the bond is for appearance before a Court, to the
satisfaction of such Court,
that such bond has been forfeited, the Court shall record the grounds
of such proof, and may call upon any person bound by such bond to pay the
penalty thereof, or to show cause why it should not be paid.
(2)
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 dead.
(3)
Such warrant may be executed within the local limits of the
jurisdiction of the Court which issued it; and it shall authorize the
attachment and sale of any movable property belonging to such person
without such limits, when endorsed by the 1[District Officer (Revenue)]
within the local limits of whose jurisdiction such property is found.
(4)
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 months.
(5)
The Court may, at its discretion, remit any portion of the
penalty mentioned and enforce payment in part only.
(6)
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.
1

Subs. for the words "District Magistrate" by the Code of Criminal Procedure (Am) Ord.
XXXVII of 2001, dated 13.8.2001.

182

The Code of Criminal Procedure, 1898

[Ss. 514A-516A]

(7)
When any person who has furnished security under section
107 or section 118 1[* *] is convicted of an offence the commission of which
constitutes a breach of the conditions of his bond, or of a bond executed in
lieu of his bond under section 514-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.
2514-A.

Procedure in case of insolvency or death of surety or when
a bond is forfeited: When any surety to a bond under this Code becomes
insolvent or dies, or when any bond is forfeited under"the provisions of
section 514, the Court by whose order such bond was taken, or a Magistrate
of the first class, may order the person from whom such security was
demanded to furnish fresh security in accordance with the directions of the
original order, and, if such security is not furnished, such Court or
Magistrate may proceed as if there had been a default in complying with
such original order.
514-B. Bond required from a minor. When the person required by
any Court or officer to execute a bond is a minor, such Court or officer may
accept, in lieu thereof, a bond executed by a surety or sureties only.]
3[515.

Appeal from, and revision of, orders under section 514. All
orders passed by any Magistrate under section 514 shall be appealable to the
Sessions Judge or, if no appeal is preferred against any such order, may be
revised by the Sessions Judge.]
516.
Power to direct levy of amount due on certain
recognizances. The High Court or Court of Session may direct any
Magistrate to levy the amount due on a bond to appear and attend at such
High Court or Court of Session.
Chapter XLIII
OF THE DISPOSAL OF PROPERTY
516-A. Order for custody and disposal of property pending trial in
certain cases. When any property regarding which any offence appears to
have been committed or which appears to have been used for the
commission of any offence, is produced before any Criminal Court during
any inquiry or trial, the Court may make such order as it thinks fit for the
proper custody of such property pending the conclusion of the inquiry or
1
2
3

The words "or section 562" omitted by law Reforms Ord., 1972.
Ins. by Law Reforms Ord., 1972.
Section 515 subs. for the Code of Criminal Procedure (Am) Ord. XXXVII of 2001, dated.
13.8.2001.

[S. 517]

The Code of Criminal Procedure, 1898

183

trial, and, if the property is subject to speedy or natural decay, may, after
recording such evidence as it thinks necessary, order it to be sold or
otherwise disposed of:
1[Provided

that, if the property consists of explosives substances, the Court
shall not order it to be sold or handed over to any person other than a
Government Department or officer dealing with, or to an authorized dealer
in, such substances:]
2[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 proceedings in relation to such offence before any
authority or Court].
517.
Order for disposal of property regarding which offence
committed.--(1) When an 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 which any offence appears to have
been committed, or which has been used for the commission of any offence.
(2)
When a High Court or Court of Session 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 3[District Officer (Revenue)].
(3)
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.
(4)

1
2
3

Nothing in this section shall be deemed to prohibit any

Proviso ins. by Criminal Law (Am) Ord., 1981.
Proviso ins. by Criminal Law (Arndt) Ord., 1992 w.e.f. 23.12.1991.
Subs. for the words "District Magigtrate" by the Code of Criminal Procedure (Arndt) Ord.
XXXVII of 2001, dated 13.8.2001.

184

The Code of Criminal Procedure, 1898

[Ss. 518-521]

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 appears 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.
518.
Order may take form of reference 1[* *]. In lieu of itself
passing an order under section 517, the Court may .direct the property to be
delivered to 2[a Magistrate of the first class] who shall in such cases deal with
it as if it had been seized by the police and the seizure had been reported to
him in the manner hereinafter mentioned.
519.
Payment to innocent purchaser of money found on
accused. When any person is convicted of any offence which. includes, or
amounts to, theft or receiving stolen 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.
520.
Stay of order under Section 517, 518 or. 519. Any Court of
appeal, confirmation, reference or revision may direct any order under
section 517, section 518, or section 519, passed by a Court subordinate
thereto, to be stayed pending consideration by the former Court, and may
modify, alter or annul such order and make any further orders that may be
just.
521.
Destruction of libellous and other matter. (1) On a
conviction under the Pakistan Penal Code, section 292, section 293, section
501 or section 502, the Court may order the destruction of all that copies of
the. thing in respect of which the conviction was had, and which are in the

1

2

Words "to District or Sub-divisional Magistrate" omitted by the Code of Criminal Procedure
(Arndt.) Ord. XXXVII of 2001, dated 13.8.2001.
Subs. for words "the District Magistrate or to a Sub-divisional Magistrate" by the Code of
Criminal Procedure (Amdt.) Ord. XXXVII of 2001, dated 13.8.2001.

[Ss. 522-522A]

The Code of Criminal Procedure, 1898

185

custody of the Court or remain in the possession or power of the person
convicted.
(2)
The Court may, in like manner, on a conviction under the
Pakistan Penal Code, section 272; section 273, section 274 or section 275,
grder the food, drink, drug or medical preparation In respect of which the
conviction was had to be destroyed.
522.
Power to restore possession of immovable property. (1)
Whenever a person is convicted of an offence 1[of cheating or forgery or of an
offence] attended by criminal force 2[or show of force or by criminal
intimidation] and it appears to the Court that by such 3[cheating, forgery,
force] 4[or show of force or criminal intimidation] any person has been
dispossessed of any immovable property the Court may, if it thinks fit
5[when convicting such person or at any time within one month from the
date of conviction] order 6[the person dispossessed] to be restored to the
possession or the same, 7[whether such property is in the possession or
under the control of the person convicted or any other person to whom it
may have been transferred for any consideration or otherwise].
(2)
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.
8[(3)

An order under this section may be made by any Court of
appeal, confirmation, reference or revision].
9[522-A. Power to restore possession of movable property. (1)
Whenever a person is convicted of an offence of criminal misappropriation
of property criminal breach of trust or cheating or forgery and it appears to
the Court that, by such misappropriation, breach of trust, cheating or
forgery, any person has been dispossessed or otherwise deprived of any
movable 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 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

1
2
3
4
5
6
7
8

9

Inst. by Code of Criminal Procedures (Amdt.) Ord. (XVII of 1984), S. 2.
Inst. by Code of Criminal Procedures (Arndt.) Ord. (XVII of 1984), S. 2.
Inst. by Code of Criminal Procedures (Arndt.) Ord. (XVII of 1984), S. 2.
Inst. by Code of Criminal Procedures (Arndt.) Ord. (XVII of 1984), S. 2.
Inst. by Code of Criminal Procedure (Arndt.) Ord. (XVII of 1984), S. 2.
Subs. ibid, for "such person".
Added by Code of Criminal Procedure (Arndt.) Ord. (XVII of 1984).
Sub-section (3) ins. by the Code of Criminal Procedure 3 (Arndt.) Act, 1923 (18 of 1923),
Section 43.
S. 522-A added by Code of Criminal Procedure (Amdt.) Ord. (XVII of 1984).

186

The Code of Criminal Procedure, 1898

[Ss. 523-524]

convicted or of any other person to whom it may have been transferred for
any consideration or otherwise.
(2)
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 case.
(3)
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 suit.]
523.
Procedure by police upon seizure of property taken under
section 51 or stolen. (1) 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.
(2)
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
proclamation.
524.
Procedure where no claimant appears within six months.
(1) If no person within such period establishes his claim to such property,
and if the person in whose possession such property was found, is unable to
show that it was legally acquired by him, such property shall be at the
disposal of the Provincial Government, and may be sold under the orders of
the 1[Magistrate of the first class] empowered by the Provincial Government
in this behalf.
(2)
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 lie.
1

Subs. for words "District or Sub-divisional Magistrate, or of any other Executive
Magistrate," by the Code of Criminal Procedure (Arndt.) Ord. XXXVII of 2001, dated
13.8.2001.

[Ss. 525-526]

The Code of Criminal Procedure, 1898

187

525.
Power to sell perishable property. If the person entitled to
the possession of such property is unknown or absent and the property is
subject to speedy and natural decay, or if the Magistrate to whom, its seizure
is reported is of opinion that its sale would be for the benefit of the owner, or
that the value of such property is less than ten rupees the Magistrate may at
any time direct it to be sold; and the provisions of sections 523 and 524 shall
as nearly as may be practicable, apply to the net proceeds of such sale.
Chapter XLIV
OF THE TRANSFER OF CRIMINAL CASES
526.
High Court may transfer case or itself try it.--(1) Whenever
it is made to appear to the High Court--(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

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 to try such offence;
(ii)
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;
(iii)
that any particular case of appeal be transferred to
and tried before itself; or
(iv)
that an accused person be 1[sent] for trial to itself or
to a Court of Session.
(2)
When the High Court withdraws for trial before itself any
case from any Court, it shall, 2[* *] observe in such trial the same procedure
which that Court would have observed if the case had not been so
withdrawn.
1
2

Subs. by Law Reforms Ord., 1972.
Words "except as provided in section 267" omitted by Law Reforms Ord., 1972.

188

The Code of Criminal Procedure, 1898

[S. 526]

(3)
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.
(4)
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.
(5)
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.
(6)
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 application.
(6-A) Where any application for the exercise of the power conferred by this
section is dismissed the High Court may if it is of opinion that the application
was frivolous or vexatious, order the applicant to pay by way of.
compensation to any person who has opposed the application such sum not
exceeding 1[five hundred rupees] as it may consider proper in the
circumstances of the case.
(7)
Nothing in this section shall be deemed to affect any order
made under section 197.
2(8)

In an 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.]
(9)

3[*

*].

(10)
If, before the argument (if any) for the admission 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
1
2
3

Subs. the words " two hundred and fifty rupees" by Law Reforms Ord., 1972.
Subs. by Ord. XII of 1972.
Subs. by Ord. XII of 1972.

[Ss. 526A-528]

The Code of Criminal Procedure, 1898

189

under this section, the Court shall, upon such party executing, if so required,
a bond without sureties of an amount not exceeding 1[five hundred rupees]
that he will make such application within a reasonable time to be fixed by
the Court, postpone the appeal for such a period as will afford sufficient time
for the application to be made and an order to be obtained thereon.
526-A. [High Court to transfer for trial to itself in certain cases]. Omitted
by Code of Criminal Procedure (Amdt.) Ord., (XX of 1969), S. 2.
527.
Power of Provincial Government to transfer cases and
appeals. (1) The Provincial Government may, by notification in the 2[official
Gazette], direct the transfer of any particular case or appeal from one High
Court to another High Court or from any Criminal Court subordinate to one
High Court, to any other Criminal Court of equal or superior jurisdiction
subordinate to another High Court, whenever it appears to it that such
transfer will promote the ends of justice, or tend to the general convenience
of parties or witnesses:
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.
(2)
The Court to which such case or appeal is transferred shall
deal with the same as if it had been originally instituted in, or presented to,
such Court.
528.
Sessions Judge` may withdraw cases from Assistant
Sessions Judge.-- (1) Any Sessions Judge may withdraw any case from or recall case which he has made over to, any Assistant Sessions Judge
subordinate to him.
(1-A) At any time before the trial of the case or the hearing of the
appeal has commenced before the Additional Sessions Judge, any Sessions
Judge may re-call any case or appeal which he has made over to any
Additional Sessions Judge.
(1-B) Where a Sessions Judge withdraws or re-calls a case under
sub-section (1) or re-calls a case or appeal under sub-section (1-A), he may
either try the case in his own Court or hear the appeal himself, or make it
over in accordance with the provisions of this Code to another Court for trial
or hearing, as the case may be.
3[(1-C)

Any Sessions Judge may withdraw any case from, or re-call
any case which he has made over to any Magistrate subordinate to him, and

1
2
3

Subs. the word "two hundred rupees" by Law Reforms Ord. XII of 1972.
Subs. by Law Reforms Ord., 1972.
Added by Act XXI of 1976.

190

The Code of Criminal Procedure, 1898

[Ss. 528A-529]

may refer it for inquiry or trial to any other such Magistrate competent to
inquire into or try the same.]
1[*

*]

(2)

[Omitted by Law Reforms Ord., 1972].

(3)

[Omitted by Law Reforms Ord., 1972].

(4)
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 himself.
(5)
A Magistrate making an order under 2[preceding subsection] shall record in writing his reasons for'making the same.
(6)

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

3[528-A

[* *]

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
529.
Irregularities which do not vitiate proceedings. If any
Magistrate not empowered by law to do any of the following things,
namely:-

1

2
3

(a)

to issue a search-warrant under section 98;

(b)

to order, under section 155, the police to investigate an
offence;

(c)

to hold an inquest under section 176;

(d)

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;

(e)

to take cognizance of an offence under section 190, subsection (1), clause (a) or clause (b);

Omitted "Explanation.--All Magistrates shall be deemed to be subordinate to the Sessions
Judge for the purposes of this sub-section." by Act XXIII of 1997, dated 3.7.1997.
Subs. by Law Reforms Ord., 1972..
Section "528" omitted by the Code of Criminal Procedure (Arndt.) Ord. XXXVII of 2001,
dated 13.8.2001.

[S. 530]

The Code of Criminal Procedure, 1898
(f)

to transfer a case under section 192;

(g)

to tender a pardon section 337 or section 338;

(h)

to sell property under section 524 or section 525; or

(i)

to withdraw a case and try it himself under section 528;

191

erroneously in good faith does that thing, his proceedings shall not
be set aside merely on the ground of his not being so empowered.
530.
Irregularities which vitiate proceedings. If any Magistrate,
not being empowered by law in this behalf, does any of the following things
namely:-

1

(a)

attaches and sells property under section 88;

(b)

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

(c)

demands security to keep the peace;

(d)

demands security for good behaviour;

(e)

discharges a person lawfully bound to be of good behaviour;

(f)

cancels a bond to keep the peace;

(g)

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

(h)

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

(i)

issues an order under section 144;

(j)

makes an, order under Chapter Xli;

(k)

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

(l)

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

(m)

calls, under section 435, for proceedings;

(n)

1[Omittedj.

(o)

revises, under section 515, an order passed under section
514;

(p)

tries an offender;

Omitted by Ord., XXVII of 1981.

192

The Code of Criminal Procedure, 1898

[Ss. 531-537]

(q)

tries an offender summarily; or

(r)

decides an appeal; his proceedings shall be void.

531.
Proceedings in wrong place. No finding, sentence or order
of any Criminal Court shall be set aside merely on the ground that the
inquiry, trial or other proceeding in the course of which it was arrived at or
passed, took place in a wrong sessions division, district, sub-division or other
local area unless it appears that such error has in fact occasioned a failure of
justice.
532.

[Omitted by Law Reforms Ord., 1972].

533.
Non-compliance with provisions of section 164 or 364. (1) If
any Court, before which a confession or other statement of an accused
person recorded or purporting to be recorded under section 164 or section
364 is tendered or has been received in evidence, finds that any of the
provisions of either of such sections have not been complied with by the
Magistrate recording the statement, it shall take evidence that such person
duly made the statement recorded; and notwithstanding anything contained
in the Evidence Act, 1872, section 91, such statement shall be admitted if the
error has not injured the accused as to his defence on the merits.
(2)
The provisions of this section apply to Court of Appeal,
Reference and Revision.
534.
Omission to give information under section 447] Omitted by the
Criminal Law (Extinction of Discriminatory) Privileges) Act, 1949 (II of 1950),
Schedule.
535.
Effect of omission to prepare charge.--(1): No finding or
sentence pronounced or passed shall be deemed invalid merely on the
ground that no charge was framed, unless, in the opinion of the Court of
appeal or revision, a failure of justice has in fact been occasioned thereby.
(2)
If the Court of appeal or revision thinks that a failure of
justice has been occasioned by an omission to frame a charge, it shall order
that a charge be framed, and that the trial be recommenced from the point
immediately after the framing of the charge.
536.

[Omitted by Law Reforms Ord., 1972].

1[537. Finding or sentence when reversible by reason of error or
omission in charge or other proceedings.--Subject- to the provisions
hereinbefore, contained .no finding, sentence order passed by a Court of

1

Subs. by Law Reforms Ord. (XII of 1972).

[Ss. 538-539A]

The Code of Criminal Procedure, 1898

193

competent jurisdiction shall be reversed or altered under Chapter XXVII or
on appeal of revision on account(a)

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

(b)

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
justice.

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.]
538.
Attachment not illegal, person making same not trespasser
for defect or want of form in proceedings. No attachment made under this
Code shall be deemed unlawful, nor shall any person making the same be
deemed a trespasser, on account of any defect or want of form in the
summons, conviction, writ of attachment or other proceedings relating
thereto.
Chapter XLVI
MISCELLANEOUS
539.
Court and persons before whom affidavits may be sworn.
Affidavits and affirmations to be used before any High Court or any officer
of such Court may be sworn and affirmed before such Court 1[* *], or any
Commissioner or other person appointed by such Court for that purpose, or
any Judge, or any Commissioner for taking affidavits in any Court or Record
in 2[Pakistan] 3[**].
539-A. Affidavit in proof of conduct of public servant.--(1) When
any application is made to any Court in the course of any inquiry, trial or
other proceeding under this Code, and allegations are made therein
respecting any public servant, the application may give evidence of the facts
alleged in the application by affidavit, and the Court may, if it thinks fit,
order that evidence relating to such facts be so given.

1
2
3

Omitted by Law Reforms Ord., 1972.
Subs. by Ord. 21 of 1961 S. 3 & Sch. II (w.e.f. 14.10.1955.
Omitted the words "or any Comrni sioner to administer oaths in England or Ireland, or any
Magistrate authorised to take affidavits, or affirmations in Scotland" by Ord. XXVII of 1981.

194

The Code of Criminal Procedure, 1898

[Ss. 539B-540A]

An affidavit to be used before any Court other than a High Court
under this 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.
(2)
The Court may order any scandalous and irrelevant matter
in an affidavit to be struck out or amended.
539-B. Local Inspection.-- (1) Any Judge or Magistrate may at any
stage of any inquiry, trial or other proceeding, after due notice to the parties,
visit and inspect any place in which an offence is alleged to have been
committed, or any other place which it is in his opinion necessary to view for
the purpose of properly appreciating the evidence given at such inquiry or
trial and shall without unnecessary delay record a memorandum of any
relevant facts observed at such inspection.
(2) Such memorandum shall form part of the record of the case. if the
Public Prosecutor, complainant or accused so desires, a copy of the
memorandum shall be furnished to him free of cost 1[:]
2[*

*]

540.
Power to summon material witness or examine person
present--Any Court may, at any stage of any inquiry, that or other
proceeding under this Code, summon any person as a witness, or examine
any person in attendance, though not summoned as a witness, or re-call and
re-examine' any person already examined; and the Court shall summon and
examine or re-call and re-examine any such person if his evidence appears to
it essential to the just decision of the case.
540-A. Provision for inquiries and trial being held in the absence
of accused in certain cases.--(1) At any stage of an inquiry or trial under this
Code, where two or more accused are before the Court, if the Judge or
Magistrate is satisfied, for reasons to be recorded, that any one or more of
such accused is or are incapable of remaining before the Court, he may, if
such accused is represented by a pleader, dispense with his 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.

1
2

A colon subs. by Law Reforms Ord. XII of 1972.
Proviso Omitted by Law Reforms Ord.. XII of 1972.

[Ss. 541-544]

The Code of Criminal Procedure, 1898

195

(2)
If the accused in any such case. is not represented by a
pleader, or if the Judge or Magistrate considers his personal attendance
necessary, he may, if he thinks fit, and for reasons to be recorded by him,
either adjourn such inquiry or trial, or order that the case of such accused be
taken up or tried separately.
541.
Power to appoint place of imprisonment.--(1) Unless when
otherwise provided by any law for the time being in force, the Provincial
Government may direct in what place any person liable to be imprisoned or
committed to custody under this Code shall be confined.
(2)
Removal to cmninal 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.
(3)
When a person is removed to a criminal jail under subsection (2), he shall, on being released therefrom, be sent back to the civil jail,
unless either-(a)

three years have elapsed since he was removed to the
criminal jail, in which cases he shall be deemed to have been
discharged from the civil jail under section 1[58 of the Code
of Civil Procedure, 1908 or]

(b)

the Court which ordered his imprisonment in the civil jail
has certified to the officer-in-charge of the criminal jail that
he is entitled to be discharged under section 2[58 of the Code
of Civil Procedure, 1908].

542.
[Power of Presidency Magistrate to order prisoner in jail to be
brought up for examination.] Rep. by the Federal Laws (Revision and Declaration)
Act, 1951 (26 of 1951), S. 3 and IInd Schedule.
543.
Interpreter to be bound to interpret truthfully. When the
services of an interpreter are required by any Criminal Court for the
interpretation of any evidence or statement, he shall be bound to state the
true interpretation of such evidence or statement.
544.
Expenses of complainants and witnesses. Subject to any
rules made by the Provincial Government, any Criminal Court may, if it
thinks fit, order payment, on the part of Government, of the reasonable
expenses of any complainant or witness attending for the purposes of any
inquiry, trial or other proceeding before such Court under this Code.
1
2

Subs. the words "342 of the Code of Civil Procedure" by Law Reforms Ord., 1972.
Subs. the words "341 of the Code of. Civil Procedure" by Law Reforms Ord., Xll of 1972.

196

The Code of Criminal Procedure, 1898

[Ss. 544A-545]

1[544-A.

Compensation of the heirs to the person killed, etc. 2[(l)
Whenever a person is convicted of an offence in the commission whereof the
death of, or hurt, injury, or mental anguish or psychological damage, to, any
person is caused, or damage to or loss or 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.]
(2)
The compensation payable under sub-section (1) shall be
recoverable as 3[an arrears of land revenue] and the Court may further order
that, in default of payment 4[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.
(3)
The compensation payable under sub-section (1) shall be in
addition to any sentence which the Court may impose for the offence of
which the person directed to pay compensation has been convicted.
(4)
The provisions of subsections (2-B), (2-C) and (4) of section
250 shall, as far as may be apply to payment of compensation under this
section.
(5)
An order under this section may also be made by an
Appellate Court or by a Court when exercising its powers of revision].
545.
Power of Court to pay expenses or compensation out of
fine.--(1) Whenever under any law in force for the time being a Criminal
Court imposes a The or confirms in appeal, revision or otherwise a sentence
of fine, or a sentence of which fine forms a part, the Court may, when
passing judgment, order the whole or any part of the fine recovered to be
applied-(a)
in defraying expenses properly incurred in the prosecution;
(b)

in the payment to any person of compensation for any loss
or mental anguish or psychological damage] caused
by the offence, when substantial compensation is, in the
5[injury

1
2
3
4
5

Inserted by Law Reforms Ord., 1972.
Subs. by Code of Criminal Procedure (Arndt.) Ord. NI of 1980), S. 3(a).
Subs. by Code of Criminal Procedure (Arndt.) Ord., (VI of 1980).
Subs. by Code of Criminal Procedure (Arndt.) Ord., (VI of 1980).
Subs. by Code of Criminal Procedure (Arndt.) Ord. (VI of 1980).

[Ss. 546-547]

The Code of Criminal Procedure, 1898

197

opinion of the Court, recoverable by such person in a Civil
Court;
(c)

when any person is convicted of any offence which includes
theft, criminal misappropriation, criminal breach of trust or
cheating, or of having dishonestly received or retained, or of
having voluntarily assisted in disposing of, stolen property
knowing or having reason to believe the same to be stolen, in
compensating any bona fide purchaser, of such property for
the loss of the same if such property is restored to the
possession of the person entitled thereto.

(2)
If the fine is imposed in a case which is subject to appeal, no
such payment shall be made, before the period allowed for presenting the
appeal has elapsed, or, if an appeal be presented, before the decision of the
appeal.
546. Payments to be taken into account in subsequent suit. At
the time of awarding compensation in any subsequent civil suit relating to
the same matter the Court shall take into account any sum paid or recovered
as compensation under section [1544-A or section] 545,
546-A. Order of payment of certain fees paid by complainant in
non-cognizable cases. Whenever any complaint of a non-cognizable offence
is made to a Court, the Court, if it convicts the accused, may in addition to
the penalty imposed upon him, order him to pay to the complainant-(a)

the fee (if any) paid on the petition of complaint or for the
examination of the complainant, and

(b)

any fees paid by the complainant for serving processes on
his witnesses or on the accused.

and may further order that, in default of payment, the accused shall
suffer simple imprisonment for a period not exceeding thirty days.
(2)
An order under this section may also be made by an
Appellate Court, or by the High Court, when exercising its powers of
revision.
547.
Money ordered to be paid recoverable as fines. Any money
(other than fine) payable by virtue of any order made under this Code, and
the method of recovery of which is not otherwise expressly provided for
shall be recoverable as if it were a fine.

1

Ins. by Law Reforms Ord., 1972.

198

The Code of Criminal Procedure, 1898

[Ss. 548-550]

548.
Copies of proceedings. If any person affected by a judgment
or order passed by a Criminal Court desires to have a copy of 1[* *] any order
or deposition or other part of the record he shall, on applying for such copy,
be furnished therewith:
Provided that he pays for the same, unless the Court, for some
special reason thinks fit to furnish it free of cost.
549.
Delivery to military authorities of persons liable to be
tried by Court-martial.--(1) The Central Government may make rules
consistent with this Code and the 2[Pakistan Army Act, 1952 (XXXIX of 1952),
the Pakistan Air Force Act, 1953 (VI of 1953) and the Pakistan Navy
Ordinance, 1961] (XXXV of 1961)] and any similar law for the time being in
force as to the cases in which persons subject to military, naval or air force
law, shall be tried by a Court to which this Code applies, or by Court-martial,
and when any person is brought before a Magistrate and charged with an
offence for which he is liable to be tried either by to which this Code applies
or by a Court-Martial, such Magistrate shall have regard to such rules, and
shall in proper cases deliver him, together with a statement of the offence of
which he is accused, to the commanding officer of the regiment, corps, ship
or detachment, to which he belongs, or to the commanding officer of the
nearest military, naval or air-force station, as the case may be, for the
purposes of being tried by Court-martial.
(2)
Apprehension of such persons.. Every Magistrate shall, on
receiving a written application for that purpose by the commanding officer
of any body of soldiers or, sailors or airmen stationed or employed at any
such place, use his utmost endeavours to apprehend and secure any person
accused of such offence.
3[(3)

Notwithstanding anything contained in this Code, if the
person arrested by the police is a person subject to the Pakistan Army Act,
1952 (XXXIX of 1952) and the offence for which he is accused is trible by
Court-martial, the custody of such person and the investigation of the
offence of which he is accused may be taken over by the commanding officer
of such person under the said Act.]
550.
Powers to police to seize .property suspected to be stolen.
Any police-officer may seize any property which may be alleged or
suspected to have been stolen, or which may be found under circumstances
which create suspicion of the commission of any offence. Such a policeofficer, if subordinate to the officer-in-charge of a police-officer, shall
1
2
3

Omitted the words "the Judge's charge to the jury or of" by Law Reforms Ord., 1972.
Subs. by Code of Criminal Procedure (Amendment) Ord. (XX of (1969), S. 3.
Ins. by Criminal Procedure Code and Army Act (Arndt.) Ord. (9 of 1973).

[Ss. 551-554]

The Code of Criminal Procedure, 1898

199

forthwith report the seizure to that officer.
551.
Powers of superior officers of police. Police-officer superior
in rank to an officer-in-charge of a police-station may exercise the same
powers, throughout the local area to which they are appointed, as may be
exercised by such officer within the limits of his station.
552.
Powers to compel restoration of abducted females. Upon
complaint made to a 1[Sessions Judge] on oath of the abduction or unlawful
detention of a woman, or of a female child under the age of sixteen years, for
any unlawful purpose, he may make an order for the immediate restoration
of such woman to her liberty or of such female child to her husband, parent,
guardian or other person having the lawful charge of such child, and may
compel compliance with such order, using such force as may be necessary.
553.
Rep. by the Federal Laws (Revision and Declaration) Act, 1951
(XXVI of 1951), S. 3 and llnd Schedule].
554.
Power of 2[* *] High Courts to make rules for inspection of
records of subordinate Courts. (1) With the previous sanction of the
Provincial Government, any High Court may, from time to time, make rules
for the inspection of the records of subordinate Courts.
(2)
Power of 3[* *] High Courts to make rules for other purposes.
Every High Court may, from time to time, and with the previous sanction of
the Provincial Government--

1

2

3

(a)

make rules for keeping all books, entries and accounts to be
kept in all Criminal Courts subordinate to it, and for the
preparation and transmission of any returns or statements to
be prepared and submitted by such Courts;

(b)

frame forms for every proceeding in the said Courts for
which it thinks that a form should be provided;

(c)

make rules for regulating its own practices and proceedings
and the practice and proceedings of all Criminal Courts
subordinate to it; and

(d)

make rules for regulating the execution of warrants issued
under this Code for the levy of fines:

Subs. the words "District Magistrate" by the Code of Criminal Procedure (Arndt.) Ord.
XXXVII of 2001, dated 13.8.2001.
Subs. the words "District Magistrate" by the Code of Criminal Procedure (Arndt.) Ord.
XXXVII of 2001, dated 13.8.2001.
Omitted the words "other" by Ord. XXVII of 1981.

200

The Code of Criminal Procedure, 1898

[Ss. 555-559]

Provided that the rules and forms made and framed under this
section shall not be inconsistent with this Code or any other law in force for
the time being.
(3)
All rules made under this section shall be published in the
official Gazette.
555.
Forms. Subject to the power conferred by section 554, and by
1[Articles 202 and 203] of the Constitution, the forms set forth in the Fifth
Schedule, with such variation as the circumstances of each case require, may
be used for the respective purposes therein mentioned, and if used shall be
sufficient.
556.
Case in which Judge or Magistrate is personally interested.
No Judge or Magistrate shall, except with the permission of the Court to
which an appeal lies from his Court, try 2[* *].any case to or in which he is a
party, or personally interested, and no Judge or Magistrate shall hear an
appeal from any judgment or order passed or made by himself..
Explanation.--A Judge or Magistrate shall not be deemed a party, or
personally interested, within the meaning of this section, to or in any case by
reason only that he is a Municipal Commissioner or otherwise concerned
therein in a public capacity, or by reason only that he has viewed the place in
which an offence is alleged to have been committed, or any other place in
which any other transaction material to the case is alleged to have occurred,
and made an inquiry in connection with the case.
Illustration
A, as Collector, upon consideration of information furnished to him
directs the prosecution of B for a breach of the Excise Laws. A is disqualified,
from trying this case as a Magistrate.
557.
Practising pleader not to sit as Magistrate in certain
Courts. No pleader who practises in the Court of any Magistrate in a
district, shall sit as a Magistrate in such Court or in any Court within the
jurisdiction of such Court.
558.
Powers to decide language of Court. The Provincial
Government may determine what, for the purposes of this Code, shall be
deemed to be the language of each Court within the territories administered
by such Government, other than the High Courts.
559.
Provision for powers of Judges and Magistrates being
exercised by their successors-in-office.--(1) Subject to the other provisions of
the Code, the powers and duties of a Judge or Magistrate may be exercised
or performed by his successor-in-officer.
1
2

Subs. by P.O.4 of 1975.
Omitted the words "or commit for trial" by Law Reforms Ord. XII of 1972.

[Ss. 560-565]

The Code of Criminal Procedure, 1898

201

(2)
When there is any doubt as to who is the successor-in-office
of any Magistrate, 1[the Sessions Judge 2[* *] shall determine by order in
writing the Magistrate who shall, for the purposes of this Code or of any
proceedings or order thereunder, be deemed to be the successor-in-office of
such Magistrate.
(3)
When there is any doubt as to who is the successor-in-office
of any Additional or Assistant Sessions Judge the Sessions Judge, shall
determine by order in writing the Judge who shall, for the purposes of this
Code or of any proceedings or order thereunder, be deemed to be the
successor-in-office of such Additional or Assistant Sessions Judge.
560.
Officers concerned in sales not to purchase or bid for
property. A public servant having any duty to perform in connection with
the sale of any property under this Code shall not purchase or bid for the
property.
561.

3[*

*]

561-A. Saving of inherent power of High Court. Nothing in this
Code shall be deemed to limit or affect the inherent power of the High Court
to make such orders as may be necessary to give effect to any order under
this Code, or to prevent abuse of the process of any Court or otherwise to
secure the ends of justice.
562.

Rep. by Probation of Offenders Ordinance (XLV of 1960), S. 16.

563.

Rep. by Probation of Offenders Ordinance (XLV of 1960), S. 16.

564.

Rep. by Probation of Offenders Ordinance (XLV of 1960), S. 16.

Previously convicted offender
565.
Order for notifying address of previously convicted
offender.--(1) When any person having been convicted-(a)

1
2

3

by a Court in Pakistan of an offence punishable under
section 215, section 489-A, section 489-B, section 489-C, or
section 489-D of the Pakistan Penal Code, or of any offence
punishable under Chapter XII or Chapter XVII of that Code,
with imprisonment of either description for a term of three
years or upwards, or

Subs. the words "the District Magistrate" by Law Reforms Ord., 1972.
Omitted the words. "in the case of Judicial Magistrate, and the District Magistrate in the
case of an Executive Magistrate" by the Code of Criminal Procedure (Arndt.) Ord. XXXVII
of 2001, dated 13,8.2001.
Rep. by Enforcemgnt of Hudood (Zina) Ord., 1979.

202

The Code of Criminal Procedure, 1898

1[(b)*

[Ss. 555-559]

*]

is again convicted of any offence punishable under any of those
sections or Chapters with imprisonment for a term of three years or upwards
by a High Court, Court of Sessions 2[* *] or Magistrate of the first class, such
Court or Magistrate may, if it or he thinks fit, at the time of passing sentence
of 3[* *] imprisonment on such person, also order that his residence and any
change of or change of or absence from such residence after release be
notified as hereinafter provided for a term not exceeding five years from the
date of the expiration of such sentence.
(2)
If such conviction is set aside on appeal or otherwise, such
order shall become void.
(3)
The Provincial Government may make rules to carry out the
provisions of this section relating to the notification of residence or change of
or absence from residence by released convicts.
(4)
Any order under this section may also be made by an
Appellate Court or by the High Court when exercising its power of revision.
(5)
Any person charged with a breach of any such rule may be
tried by a Magistrate of competent jurisdiction in the district in which the
place last notified by him as his place of residence is situated.
SCHEDULE I
[Enactments Repealed]. Rep. by the Repealing and Amending Act, 1914 (X
of 1914), S. 3 and Schedule II.
*****

1
2

3

Omitted the "clause (b)" by Ord. 27 of 1981.
Omitted the words "District Magistrate, Sub-Divisional Magistrate" by Probation of
offenders Ord. IXLV of 1960) w.e.f. 1.7.1961.
Omitted the words "transportation or" by Act XXI of 1976.

[Ss. 196-197]

The Code of Criminal Procedure, 1898

203

1SCHEDULE II
TABULAR STATEMENT OF OFFENCES

EXPLANATORY NOTE.-The entries in the second and seventh columns of this schedule, headed respectively
"Offence" and "Punishment under the Pakistan Penal Code", are not intended as definitions of the offences and
punishments described in the several corresponding sections of the Pakistan Penal Code, or even as abstracts of those
sections, but merely as references to the subject of the section, the number of which is given in the first column.
2*

*
1
Section.

1
2

*

*

*

*

2
Offence.

3
Whether the
police may
arrest without
warrant or not.

109

Abetment of any
offence, if the act
abetted is committed
in consequence, and
where no express
provision is made
for its punishment

110

Abetment of any
offence, if the person
abetted does the act
with a different

May arrest
without warrant
if arrest for the
offence abetted
may be made
without
warrant, but not
otherwise.
May arrest
without warrant
if arrest for the
offence abetted

*

*

4
Whether a
warrant or a
summons shall
ordinarily issue
in the first
instance.
According as a
warrant or
summons may
issue for the offence abetted.

According as a
warrant or
summons may
issue for the

*
5
Whether bailable
or not.

6
Whether compound
able or not.

7
Punishment under
the Pakistan Penal
Code.

8
By what
Court friable.

According ass
the offence
abetted is
bailable or not.

According as the
offence abetted is
compoundable or
not.

The same
punishment as for
the offence abetted.

The Court by
which the
offence
abetted is
friable.

According as the
offence abetted
is bailable or not.

According as the
offence abetted is
compoundable or
not.

The same
punishment as for
the offence abetted.

The Court by
which the
offence
abetted is

For its application to the N.W. F. P. Acts 10 of 1937 and 8 of 1938.)
Rep. by Act XXVI of 1951.

204

The Code of Criminal Procedure, 1898
1

1

2
intention from that
of the abettor.

111

Abetment of any
offence, when one
act is abetted and a
different act is done;
subject to the
proviso.

113

Abetment of any
offence, when an
effect is caused by
the act abetted
different from that
intended by the
abettor.

114

Abetment of any
offence, if abettor is
present when
offence is
committed.

115

Abetment of an
offence, punish-able
with death or
1[Imprisonment for

3
may be made
without warrant, but not
otherwise.
May arrest
without warrant
if arrest for the
offence abetted
may be made
without warrant, but not
otherwise.
May arrest
without warrant
if arrest for the
offence abetted
may be made
without warrant, but not
otherwise.
May arrest
without warrant
if arrest for the
offence abetted
may be made
without warrant, but not
otherwise.
Ditto

Subs. by Act No. XXV of 1974

[Ss. 555-559]

4
offence abetted.

5

6

7

8
friable.

According as a
warrant or
summons may
issue for the
offence abetted.

According as the
offence abetted
is bailable or not.

According as the
offence abetted is
compoundable or
not.

The same
punishment as for
the offence
intended to be
abetted.

The Court by
which the
offence
abetted is
friable.

According as a
warrant or
summons may
issue for the
offence abetted.

According as the
offence abetted
is bailable or not.

According as the
offence abetted is
compoundable or
not.

The same
punishment as for
the offence
committed.

The Court by
which the
offence
abetted is
friable.

According as a
warrant or
summons may
issue for the
offence abetted.

According as the
offence abetted
is bailable or not.

According as the
offence abetted is
compoundable or
not.

Ditto

The Court by
which the
offence
abetted is
friable.

Ditto

Not bailable.

Ditto

Imprisonment of
either description
for 7 years and
fine.

The Court by
which the
offence
abetted is

[Ss. 196-197]
1

116

The Code of Criminal Procedure, 1898

2
life] if the offence be
not committed in
+consequence of the
abetment.

3

If an act which
causes harm be done
in consequence of
the abetment.

May arrest
without warrant
if arrest for the
offence abetted
may be made
without warrant, but not
otherwise.
May arrest
without warrant
if arrest for the
of1cnce abetted
may be made
without warrant, but not
otherwise.
Ditto

According as a
warrant or
summons may
issue for the
offence abetted.

According as a
warrant or
summons may
issue for the
offence abetted.

According as the
offence abetted is
compoundable or
not.

Imprisonment of
either description
for 14 years and
fine.

The Court by
which the
offence
abetted is
friable.

According as a
warrant or
summons may
issue for the
offence abetted.

According as the
offence abetted
is bailable or not.

According as the
offence abetted is
compoundable or
not.

The Court by
which the
offence
abetted is
friable.

Ditto

Ditto

Ditto

Ditto

According as a
warrant or
summons may
issue for the
offence abetted.
Ditto

According as the
offence abetted
is bailable or not.

According as the
offence abetted is
compoundable or
not.

Imprisonment
extending to a
quarter part of the
longest term, and
of any discription,
provided for the
offence, or fine, or
both.
Imprisonment
extending to half of
the longest term,
and of any description, provided
for the offence, or
fine, or both.
Imprisonment of
either description
for 3 years, or fine,
or both.

Not bailable.

Ditto

Abetment of an
offence, punishable
with imprisonment,
if the offence be not
committed in
consequence o the
abetment.
If the abettor the
person abetted be a
public servant
whose duty it is to
prevent the offence.

117

118

205

Abetting the
commission of an
offence by the
public, or by more
than ten persons.
Concealing a design
to commit an offence

Ditto

4

5

6

7

Imprisonment of
either description

8
friable.

Ditto

The Court by
which the
offence
abetted is
friable.
Ditto

206

The Code of Criminal Procedure, 1898
1

119

A public servant
concealing a design
to commit an offence
which it is his duty
to prevent, if the
offence be
committed.
If the offence be
punishable with
death or 3[Imprisonment for life]
If the offence be not
committed.

120

1
2
3
4

2
punishable with
death or 1[Imprisonment for life] if
the offence be
committed.
If the offence be not
committed.

Concealing a design

Subs.
Subs.
Subs.
Subs.

by
by
by
by

3

4

[Ss. 555-559]
5

6

Ditto

Ditto

2[Bailable]

Ditto

Ditto

Ditto

According as the
offence abetted
is compoundable or not.

Ditto

Ditto

Ditto

Not bailable

Ditto

May arrest
without warrant
if arrest for the
offence abetted
may be made
without warrant, but not
otherwise.
Ditto

According as a
warrant or
sumissumons
may e for the offence abetted.

4[Bailable]

According as the
offence abetted is
compoundable or
not.

Ditto

1[According

Act xxv of 1974, w.e.f. 13.4.1972.
Cr.P.C. (Amdt) Act, 1923.
Act XXV of 1974, w.e.f. 13.4.1972.
Act 18 of 1923, S. 159.

as

Ditto

7
for 7 years and
fine.

8

Imprisonment of
either description
for 3 years and
fine.
Imprisonment
extending to half of
the longest term,
and of any description, provided
for the offence, or
fine, or both.
Imprisonment of
either description
for 10 years.

Ditto

Imprisonment
extending to a
quarter part of the
longest term, and
of any description,
provided for the
offence, or fine, or
both.
Imprisonment

The Court by
which the
offence
abetted is
triable.

Ditto

Ditto

Ditto

[Ss. 196-197]
1

The Code of Criminal Procedure, 1898

2
to commit an offence
punishable with imprisonment, if the
offence be
committed.

3

If the offence be not
committed.

May arrest
without warrant
if arrest for the
offence abetted
may be made
without
warrant, but not
otherwise.

Criminal conspiracy
to commit an offence
punishable with
death, transportation
or rigorous imprisonment for a term
of two years or upwards.

May arrest
without warrant
if arrest for the
offence which is
the object of the
conspiracy may
be made
without warrant, but not
otherwise.

4

According as a
warrant or
summons may
issue for the
offence abetted.

207
5
the offence concealed is bailable
or not.]

2[Bailable]

6

According as the
offence abetted is
compoundable or
not.

8

Ditto

3CHAPTER

120B

1
2
3

Subs. by Act XXV of 1974, w.e.f. 13.4.1972.
Subs. by Act 18 of 1923, S. 159.
Ins. by Act 8 of 1913.

VA. CRIMINAL CONPIRACY
According as a
According as the
Not compoundable.
warrant or
offence which is
summons may
the object of the
issue for the ofconspiracy is
fence which is
bailable or not.
the object of the
conspiracy.

7
extending, to a
quarter part of the
longest term, and
of any description,
provided for the
offence, or fine, or
both.
Imprisonment
extending to
one-eighth part of
the longest term,
and of the
description,
provided for the
offence, or fine, or
both.
The same
punishment as that
provided for the
abetment of the
offence which is
the object of the
conspiracy.

Court of
Session when
the offence
which is the
object of the
conspiracy is
triable
exclusively
by such
Court: in the
case of all
other
offences

208

The Code of Criminal Procedure, 1898
1

121

121A

122

1
2
3
4
5
6
7

2

3

[Ss. 555-559]

4

Summons

5

Bailable

6

Any other criminal
conspiracy.

Shall not arrest
without a
warrant.

Ditto

Waging or attempting to wage war,
or abetting the
waging of war,
against 2[Pakistan.]
Conspiring to
commit certain
offences against the
State.

Shall not arrest
without
warrant.

Ditto

Ditto

Not bailable.

Ditto

Collecting arms, etc.,
with the intention of
waging war against
7[Pakistan.]

Ditto

Ditto

Ditto

Ditto

CHAPTER VI.-OFFENCES AGAINST THE STATE
Warrant
Not bailable.
Not compoundable.

7

[Imprisonment of
either description
for six months or
fine, or both.
Death, or
3[Imprisonment

for

8
Court of
Session,1 or
Magistrate of
the first class.
Magistrate of
the first class.

Court of
Session.

life, and 4[fine].

The words "Presidency Magistrate" omitted by A. O., 1949, Sch.
Subs. by A. O., 1961, Art. 2 and Sch.
Subs. by Act XXV of 1974, w.e.f. 13.4.1972.
Subs. for "forfeiture of property" by Act 18 of 1923, s. 159.
Subs. by Act XXV of 1974, w.e.f. 13.4.1972.
Subs. by Act 18 of 1923.
Subs. by A. O., 1961, Art. 2 and Sch.

5[Imprisonment

for
life or any shorter
term, or
imprisonment of
either description
for 10 years 6[and
fine].
Transportation for
life, or
imprisonment of
either description

Court of
Session.

Ditto

[Ss. 196-197]
1

4
5
6
7

4

5

6

7
for 10 years and
1[fine].
Imprisonment of
either description
for 10 years, and
fine.
Rigorous
imprisonment for
10 years, and fine.

8

Shall not arrest
without
warrant.

Warrant

Not bailable

Not compoundable.

2123A

Condemnation of the
State and advocacy
of abolition of its
sovereignty.
Defiling or
unauthorse-dly
removing the
National Flag of
Pakistan from
Government
building etc.
Assaulting 4[President], Governor,
etc., with intent to
compel or restrain
the exercise of any
lawful power.
Sedition

Shall not arrest
without
warrant.

Warrant

Not bailable

Not compoundable.

May arrest
without warrant

Ditto

Ditto

Ditto

Imprisonment of
either description
for 3 years, or fine,
or both.

Magistrate of
the first class.

5[Shall

not arrest
arrest without
warrant.

Ditto

Ditto

Ditto

Imprisonment of
either description
for 7 years, and
fine.

Court of
Session.

Shall not arrest
without
warrant.

Warrant

Not bailable

Not compoundable.

6[Imprisonment

7Court

124A

3

3

Concealing with
intent to facilitate a
design to wage war.

124

2

2

209

123

3123B

1

The Code of Criminal Procedure, 1898

Subs. for "forfeiture of property" by Act 18 of 1923.
For its application to the NWFP see NWEFP Acts 10 of 1937 and 8 of 1939
Added by Ordinance (XLIII of 1984)
Subs. by A. O., 1961, Art. 2.
Subs. by Ordinance (XLIII of 1984)
Subs. by Act XXV of 1974, w.e.f. 13.4.72
Subs. by Law Reforms Ord., 1972.

for
for life or for any
term and fine, or

Court of
Session.

Court of
Session.

of
Session, or
Magistrate of

210

The Code of Criminal Procedure, 1898
1

125

126

127

1
2
3

2

Waging war against
any Asiatic Power in
alliance or at peace
with 1[Pakistan], or
abetting the waging
of such war.
Committing depredation on the
territories of any
Power in alliance or
at peace with
3[Pakistan].
Receiving property
taken by war or
depredation
mentioned in
sections 125 and 126.

Subs. by A.O., 1961.
Subs. by Act XXV of 1974.
Subs. by A. O., 1961.

3

[Ss. 555-559]

4

5

6

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

7
imprisonment of
either description
for 3 years and
fine, or fine.

2[Imprisonment

for
life] fine, or
imprisonment of
either description
for 7 years and
fine, or fine.
Imprisonment of
either description
for 7 years and fine

Ditto

8
the first class
specially
empowered
by the
Provincial
Government
in that behalf
on the
recommende
dat-ion of the
High Court.
Court of
Session

Court of
Session

Ditto

[Ss. 196-197]
1
128

129

2
3
4
5

2
Public servant
voluntarily allowing
prisoner of State or
war in his custody to
escape.
Public servant
negligently suffering
prisoner of State or
war in his custody to
escape.
Aiding escape of,
rescuing or
harbouring, such
prisoner, or offering
any resistance to the
recapture of such
prisoner.

130

1

The Code of Criminal Procedure, 1898

131

Abetting mutiny, or
attempting to seduce
an officer, soldier,3
from his allegiance
or duty.

132

Abetment of mutiny,
if mutiny is
committed in

Subs.
Subs.
Subs.
Subs.
Subs.

by
by
by
by
by

3
Ditto

211

4
Ditto

5
Ditto

6
Ditto

Ditto

Ditto

Ditto

Ditto

Shall not arrest
without
warrant.

Warrant

Not bailable.

Not compoundable.

CHAPTER VII.-OFFENCES RELATING TO THE ARMY AND NAVY
May arrest
Warrant
Not bailable
Not compoundable.
without warrant.

Ditto

Ditto

Act XXV of 1974.
Act XXV of 1974.
the Repealing and Amending Act, 1927.
Act XXV of 1974.
Act XXV of 1974.

Ditto

Ditto

7
1[Imprisonment

8
for

life, or
imprisonment of
either description
for 10 years, and
fine.
Simple
imprisonment for 3
years and fine.

Ditto

Magistrate of
the first class.

2[Imprisonment

for
life, or
imprisonment of
either description
for 10 years, and
fine.

Court of
Session.

4[Imprisonment

Court of
Session.

for
life, or
imprisonment of
either description
for 10 years, and
fine.
Death, or
5[Imprisonment for
life, or

Court of
Session.

212

The Code of Criminal Procedure, 1898
1

133

134

135

136

137

1
2
3
4

Subs.
Subs.
Subs.
Subs.

2
consequence thereof.

3

[Ss. 555-559]

4

5

6

Abetment of an
assault by an officer,
soldier, 1[Sailor or
airman] on his
superior officer,
when in the execution of his office.
Abetment of such
assault, if the assault
is committed.

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Abetment of the
desertion of an
officer, soldier,
2[sailor or airman].
Harbouring such an
officer, soldier
3[sailor or airman
who has deserted.
Deserter concealed
on board
merchant-vessel,
through negligence
of master or person
in charge thereof.

Ditto

Ditto

Bailable

Ditto

Ditto

Ditto

Ditto

Ditto

Shall not arrest
with out
warrant.

Summons

Ditto

Ditto

by
by
by
by

the Repealing and Amending Act, 1927.
the Repealing and Amending Act, 1927. (10 of 1927), S.2 and Sch. I for “or sailor”.
the Repealing and Amending Act, 1927.
Ord. LXXXVI of 2002.

7
imprisonment of
either description
for 10 years, and
fine.
Imprisonment of
either description
for 3 years, and
fine.

Imprisonment of
either description
for 7 years, and
fine.
Imprisonment of
either description
for 2 years, or fine,
or both.
Ditto

Fine of 4[1, 500
rupees

8

Magistrate of
first class.

Court of
Session.

Magistrate of
the first or
second class.
Ditto

Ditto

[Ss. 196-197]
1
138

140

143

Joining an unlawful
assembly armed
with any deadly
weapon.
Joining or continning
in an unlawful
assembly, knowing
that it has been

145

2
3
4
5
6

2
Abetment of act of
insubordination by
an officer, soldier,
1[sailor or airman] if
the offence be committed in consequence.
Wearing the dress or
carrying any token
used by a soldier,
2[sailor or airman]
with intent that it
may be believed that
he is such a soldier,
3[sailor or airman].
Being member of an
unlawful assembly.

144

1

The Code of Criminal Procedure, 1898

Subs.
Subs.
Subs.
Subs.
Subs.
Subs.

by
by
by
by
by
by

213

3
May arrest
without
warrant.

4
Warrant

6

Ditto

5
Ditto

7
Imprisonment of
either descrip-tion
for 6 months, or
fine, or both.

8
Magistrate of
the first or
second class.

May arrest
without warrant.

Summons

Bailable

Not compoundable.

Imprisonment of
either descrip-tion
for 3 months or
fine of 4[1,500
rupees

5[Any

Imprisonment of
either description
for 6 months
Imprisonment of
either description
for 2 years

6Executive

Imprisonment of
either description
for 2 years

Ditto

CHAPTER VIII.—OFFENCE AGAINST THE PUBLIC TRANQUILLITY
May arrest
Summons
Bailable
Not compoundable.
without
warrant.
Ditto
Warrant
Ditto
Ditto

Ditto

Ditto

Ditto

Ditto

the Repealing and Amending Act, 1927. (10 of 1927), S.2 and Sch. I for “or sailor”.
the Repealing and Amending Act, 1927, “or sailor”.
the Repealing and Amending Act, 1927, “or sailor”.
Ord. LXXXVI of 202.
Law Reforms Ord., 1972.
Legal Reforms Ord., 1996.

Judicial
Magistrate.

Magistrate
Ditto

214

The Code of Criminal Procedure, 1898
1

1[147

4

5

Ditto

Ditto

Ditto

6

According as the
offence is
committed with
another
compoundable
offence or not Ditto
Ditto

7

8

Ditto

Ditto

Imprisonment of
either descrip-tion
for 3 years, or fine,
or both.
Imprisonment of
either description
for 3 years, or fine,
or both.

Magistrate of
the first class.

Rioting, armed with
a deadly weapon.

Ditto

Ditto

Ditto

149

If an offence be
committed by any
member of an
unlawful assembly,
every other member
of such assembly
shall be guilty of the
offence.
Hiring, engaging or
employing persons
to take part in an unlawful assembly.

According as
arrest may be
made without
warrant for the
offence or not.

According a
warrant or
summa may
issue for the
offence.

According as the
offence is
bailable or not.

Ditto

May arrest
without warrant.

According as the
offence is
bailable or not.

Ditto

The same as for the
offence.

The Court by
which the
offence is
friable.

Knowingly joining
or continuing in any
assembly of five or
more persons after it
has been
commanded to

May arrest
without warrant.

According the
offer committed
by the person
hire engaged
employed
Summons

Bailable

Ditto

The same as for a
member of such
assembly, and for
any offence committed by any
member of such

[2Any
Executive
Magistrate.

151

2

3

148

150

1

2
commanded to
dispersre.
Rioting

[Ss. 555-559]

Entries 147 & 148 substituted by the Act (VI of 2004) w.e.f. 12-10-2004.
Subs. by Legal Reforms Ord., 1996.

The Court by
which the
offence is
friable.

[Ss. 196-197]
1
152

4

4

5

6

7
assembly.
Imprisonment of
either description
for 6 months, or
fine, or both.
Imprisonment of
either description
for 1 year, or fine,
or both.

8

Bailable

Ditto

May arrest
without warrant
May arrest
without warrant

Warrant
Summons

Bailable
Bailable

Not compoundable.
Not compoundable.

If not committed

Ditto

Summons

Ditto

Ditto

153A

2[Promoting

enmity
between classes.

Ditto

Warrant

Not bailable.

Ditto

3153B

Inducing students,
etc., to take part in
political activity.
Owner or occupier
of land not giving
information of riot,
etc.,
Person for whose
benefit or on whose
behalf a riot takes
place not using all
lawful means to

May arrest
without warrant

Summons

Bailable

Not compoundable

Imprisonment of
either descrip-tion
for 6 months, or
both.
Imprisonment of
either description
for 5 years and fine
Ditto

Shall not arrest
without warrant

Summons

Bailable

Ditto

Fine of 4[3,000

Magistrate of
the first or
second class.

Ditto

Ditto

Ditto

Ditto

Fine

Ditto

155

3

3

Warrant

154

2

2
disperse.
Assaulting or
obstructing public
servant when
suppressing riot, etc.
Wantonly giving
Provocation with
intent to cause riot, if
rioting be committed

215

May arrest
without warrant.

153

1

The Code of Criminal Procedure, 1898

Subs. by Legal Reforms Ord., 1996.
Subs. by Act VI of 1973.
Inst. by PPC (Second Amdt). Ord. 1962.
Subs. by Ord. LXXXVI of 2002.

Magistrate of
the first class.

[1Any
Judicial
Magistrate.

Ditto

Magistrate of
the first class.
Any Judicial
Magistrate

216

The Code of Criminal Procedure, 1898
1

4

5

6

7

8

Ditto

Ditto

Ditto

Ditto

Ditto

May arrest
without warrant

Ditto

Ditto

Ditto

Ditto

Being hired to take
part in an unlawful
assembly or riot.
Or to go armed.

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either Description
for 6 months, or
fine, or both.
Ditto

Ditto

Warrant

Ditto

Ditto

Ditto

160

Committing affray

Shall not arrest
without
warrant.

Summons

Ditto

Ditto

Imprisonment of
either description
for 2 years, or fine,
or both.
Imprisonment of
either descrip-tion
for one month, or
fine of 1[300
rupees, or both.

161

Being or expecting to
be a public servant,
and taking a gratification other than
legal remuneration
in respect of an
official act.-

157

158

2

3
Ditto

156

1

2
prevent it.
Agent of owner or
occupier for whose
benefit a riot is
committed not using
all lawful means to
prevent it.
Harbouring persons
hired for an
unlawful assembly.

[Ss. 555-559]

CHAPTFR IX.-OFFENCES BY OR RELATING TO PUBLIC SERVANTS
Shall not arrest
Summons
Bailable
Not compoundable
without
warrant.

Subs. by Ord. LXXXVI of 2002.
Subs. by Law Reforms Ord., 1972.

Imprisonment of
either description
for 3 years or fine
of both.

Ditto

[2Any
Judicial
Magistrate.

Magistrate of
the first class.

[Ss. 196-197]
1
162

163

164

165

3[165A

166

1
2
3

The Code of Criminal Procedure, 1898

2
Taking a
gratification in order
by corrupt or illegal
means to influence a
public servant.
Taking a
gratification for the
exercise of personal
influence with a
public servant.
Abetment by public
servant of the
offences defined in
the last two preceding clauses with
reference to himself.
Public servant
obtaining any
valuable thing,
without consideration from a
person concerned in
any proceeding or
business transacted
by such public
servant.
Abetment of offences
under sections 161
and 165.
Public servant

217

3
Shall not arrest
without
warrant.

4
Summons

Bailable

6
Not compoundable.

7
Imprisonment of
either description
for 3 years, or fine,
or both.

8
Magistrate of
the first class

Ditto

Ditto

Ditto

Ditto

Simple
imprisonment for1
year, or fine, or
both.

Magistrate of
the first class.

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 3 years, or fine,
or both.

Magistrate of
the first class

Ditto

Ditto

Ditto

Ditto

1[Ditto]

2[Ditto]

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Simple

Ditto

Subs. by Criminal Law Amdt. Act, 1953.
Subs. by Criminal Law Amdt. Act, 1953.
Art. 165A, ins. by Act 37 of 1953.

5

218

The Code of Criminal Procedure, 1898
1

167

168

2
Disobeying a
direction of the
law with intent
to cause injury
to any person.
Public servant
framing an incorrect document
with intent to cause
injury.
Public servant
unlawfully engaging
in trade.

3

4

3

6

7
imprisonment for1
year, or fine, or
both.

8

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 3 years or fine,
or both.

Magistrate of
the first class.

Ditto

Ditto

Ditto

Ditto

Simple
imprisonment for1
year, or fine, or
both.
Simple
imprisonment for
and confiscation of
property, if
purchased.
Imprisonment of
either description
for 2 years, or fine,
or both.
Imprisonment of
either description
for 3
months, or fine of
[2600 rupees, or
both.

Magistrate of
the first class.

Public servant
unlawfully buying
or bidding for
property.

Ditto

Ditto

Ditto

Ditto

170

Personating public
servant.

May arrest
without
warrant.

Warrant

Ditto

Ditto

Wearing garb or
carrying token used
by public servant
with fraudulent
intent.

Ditto

Summons

3[CHAPTER

2

5

169

171

1

[Ss. 555-559]

Ditto

Ditto

IXA.-OFFENCES RELATING TO ELECTIONS

Subs. by Law Reforms Ord., 1972
Subs. by Ord. LXXXVI of 2002.
Ins. by the Indian Elections and Inquiries Act, 1920.

Magistrate of
the first class.

1[Any

Judicial
Magistrate.
Ditto

[Ss. 196-197]
1
171E

Bailable

5

6
Not compoundable.

7
Imprisonment of
either description
for one year, or
fine, or both or if
treating only, fine
only.
Imprisonment of
either description
for one years, or
fine, or both.
Fine

8
Magistrate of
the first class.

Ditto

Ditto

Ditto

Ditto

171G

False statement in
connection with an
election.
Illegal payments in
connection with
elections.
Failure to keep
election accounts.
Inducing any person
not to participate
any election or
referendum etc.

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Fine of 1[1,500
rupees]

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto.

May arrest
without
warrant.

Warrant

Not bailable

Ditto

172

4

4
Summons

Ditto

2171J

3

3
Shall not arrest
without
warrant.

False statement in
connection with an
election.

171I

2

2
Bribery

219

171F

171H

1

The Code of Criminal Procedure, 1898

Imprisonment of
either description
for 3 years, or fine
of five lac rupees,
or both.
CHAPTER X.-CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
Absconding to avoid
Shall not arrest
Summons
Bailable
Not
Simple
service of
without
compoundable.imprisonment for 1
summons or
warrant.
month, or fine of
3[1,500 rupees, or
other proceeding
from a public
both.

Subs. by Ord. LXXXVI of 2002.
Inst. by Ord., LIV of 1984, dated 5.12.1984.
Subs. by Ord. LXXXVI of 2002.
Subs. by Legal Reforms Ord., (XL of 1996)

Ditto

Court of
Session or
Magistrate of
the first class.

4[Any

Magistrate.

220

The Code of Criminal Procedure, 1898
1

173

174

1
2
3
4
5

2
servant.
If summons or
notice require
attendance in
person, etc., in a
Court of Justice.
Preventing the
service or the
affixing of any
summons or notice,
or the removal of it
when it has been
affixed, or preventing a proclamation.
If summons, etc.,
require attendance in
person, etc., in a
Court of Justice.
Not obeying a legal
order to attend at a
certain place in
person or by agent,
or departing
therefrom without
authority.
If the order require

Subs.
Subs.
Subs.
Subs.
Subs.

by
by
by
by
by

3

[Ss. 555-559]

4

5

6

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ord. LXXXVI of 2002.
Ord. LXXXVI of 2002.
Ord. LXXXVI of 2002.
Ord. LXXXVI of 2002.
Legal Reforms Ord., (XL of 1996)

Ditto

Ditto

Ditto

7

8

Simple
imprisonment for 6
months, or fine of
1[3,000 rupees, or
both.
Simple
imprisonment for1
month, or fine of
2[1, 500 rupees, or
both.

Ditto

Simple
imprisonment for6
months, or fine of
3[3,000 rupees, or
both.
Simple
imprisonment for 1
month, or fine of
4[1,500 rupees, or
both.

Ditto

Simple

ExMagistrate of
the first or
second class.

5[Any

Executive
Magistrate.

Ditto

[Ss. 196-197]
1

175

The Code of Criminal Procedure, 1898

2
personal
attendance, etc.,
in a Court of
Justice.
2If it be a
proclamation issued
under section 87 of
the Code.
Intentionally
omitting to produce
a document to a public
servant by a person legally bound to
produce or deliver
such document.

If the document is
required to be
produced in or
delivered to a Court
of Justice.

1
2
3
4
5

3

221

4

5

6

7
imprisonment for 6
months, or fine of
1[3,000 rupees, or
both.
Imprisonment for
three years.

Ditto

Ditto

Ditto

Ditto

Shall not arrest
without
warrant.

Summons

Bailable

Not compoundable.

Simple
imprisonment for 1
month, or fine of
3[1,500 rupees, or
both.

Ditto

Ditto

Ditto

Ditto

Simple
imprisonment for6
months, or fine of
5[3,000 rupees, or
both.

Subs. by Ord. LXXXVI of 2002.
Inst. by Ord., XII of 1972.
Subs. by Ord. LXXXVI of 2002.
The words "Presidency Magistrate" and by implication the word "or" omitted by A. O., 1949.
Subs. by Ord. LXXXVI of 2002.

8

Ditto

The Court in
which the
offence is
committed,
subject to the
provisions of
Chapter
XXXV; or, if
not
committed in
a Court, a 4**
Ex.
Magistrate of
the first or
second class.
Ditto

222

The Code of Criminal Procedure, 1898
1

176

177

178

1
2
3
4

2
Intentionally
omitting to give
notice or information
to a public servant
by a person legally
bound to give such
notice or
information.
If the notice or
information required
respects the
omission of an
offence, etc.
3[If the notice or
information is
required by an
order passed
under subsection (1)
of section 565 of this
Code.
Knowingly
furnishing false in
formation to a public
servant.
If the information
required respects the
commission of an
offence, etc.
Refusing oath when

3

[Ss. 555-559]

4

5

6

7
Simple
imprisonment for 1
month, or fine of
1[1,500 rupees] or
both.

8
Executive
Magistrate of
the first
class.

Ditto

Ditto

Simple
imprisonment for 6
months, or fine of
2[3,000 rupees, or
both.
Imprisonment of
either description
for 6
months, or fine of
4[3,000
rupees, or both.

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either descrip-tion
for 2 years, of fine,
or both.
Simple

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Subs. by Ord. LXXXVI of 2002.
Subs. by Ord. LXXXVI of 2002.
Ins by the Criminal Law (Arndt.) Act. 1939.
Subs. by Ord. LXXXVI of 2002.

Ditto

The Court in

[Ss. 196-197]
1

179

180

1
2
3

The Code of Criminal Procedure, 1898

2
duly required to take
oath by a public
servant.

Being legally bound
to state truth, and
refusing to answer
questions.
Refusing to sign A
statement made to a
public
servant when
legally required
to do so.

3

223

4

5

6

7
imprisonment for 6
months, or fine of
1[3,000 rupees, or
both.

Ditto

Ditto

Ditto

Ditto

Ditto

Shall not arrest
without warrant

Summons

Bailable

Not compoundable

Simple
imprisonment for 3
months, or fine of
3[1,500
rupees, or both.

Subs. by Ord. LXXXVI of 2002.
Subs. by Legal Reforms Ord., (XL of 1996)
Subs. by Ord. LXXXVI of 2002.

8
which the
offence is
committed,
subject to the
provisions of
Chapter
XXXV; or, if
not
committed in
a Court, a 2***
Ex.
Magistrate of
the first or
second class.
Ditto

The Court in
which the
offence is
committed,
subject to the
provisions of
Chapter
XXXV; or, if
not
committed in

224

The Code of Criminal Procedure, 1898
1

181

Knowingly stating to
a public servant on
oath as true that
which is false.
Giving false
information to a
public servant in
order to cause
him to use his
lawful power to
the injury or annoyance of any
person.
Resistance to the
taking of property
by the lawful
authority of a public
servant.
Obstructing sale of
property offered for
sale by authority of a
public servant.

182

183

184

1
2
3
4
5

2

Subs.
Subs.
Subs.
Subs.
Subs.

by
by
by
by
by

3

[Ss. 555-559]

4

5

6

7

Ditto

Warrant

Ditto

Ditto

Ditto

Summons

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 1 month, or fine
of 5[1,500 rupees,
or both.

Ditto

Legal Reforms Ord., (XL of 1996)
Legal Reforms Ord., (XL of 1996)
Ord. LXXXVI of 2002.
Legal Reforms Ord., (XL of 1996)
Ord. LXXXVI of 2002.

Imprisonment of
either description
for 3 years, and
fine,
Imprisonment of
either description
for 6
months, or fine of
3[3,000 rupees, or
both.

8
a
Court, a 1***
Magistrate of
the first or
second class.
2ExMagistrate of
the first of
second class
4ExMagistrate of
the first or
second class.

[Ss. 196-197]
1
185

2186

187

1
2
3
4
5

The Code of Criminal Procedure, 1898

2
Bidding, by a person
under a
legal incapacity
to purchase it,
for property at
a lawfully authorized sale, or
bidding without
intending to perform
the obligations
incurred thereby.
Obstructing public
servant in discharge
of his
public functions.

3

225

4

5

6

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Omission to assist
public servant when
bound by law to
give such assistance.

Ditto

Ditto

Ditto

Ditto

Wilfully neglecting
to aid a public
servant who
demands aid in the
execution of process,
the prevention of of

Ditto

Ditto

Ditto

Ditto

Subs. by Ord. LXXXVI of 2002.
Declared non-cognizable by No. 1(3) (1) 69, dt. 14.3.69.
Subs. by Ord. LXXXVI of 2002.
Subs. by Ord. LXXXVI of 2002.
Subs. by Ord. LXXXVI of 2002.

7
Imprisonment of
either description
for 1
month, or fine of
1[600
rupees, or both.

Imprisonment of
either description
for 3
months, or fine of
3[1,500 rupees, or
both.
Simple
imprisonment for 1
month, or fine of
4[600
rupees, or both.
Simple
imprisonment for 6
months, or fine of
5[1,500
rupees, or both.

8
Ditto

Ditto

Ditto

Ditto

226

The Code of Criminal Procedure, 1898
1

1188

189

4190

1
2
3
4

2
fences, etc.
Disobedience to an
order lawfully promulgated
by a public servant,
if such disobed-ience
causes obstruction,
annoyance or injury
to persons
lawfully employed.
If such disobedience
causes danger to
human life, health or
safety, etc.
Threatening a public
servant
with injury to
him, or one in
whom he is in
terested, to in
duce him to do
or forbear to do
any official act.
Threatening any
person to induce
him to refrain from
making a legal for
protection form

Declared cognizable and
Subs. by Ord. LXXXVI of
Subs. by Ord. LXXXVI of
Declared cognizable and

3

[Ss. 555-559]

4

5

6

7

8

Shall not arrest
without
warrant.

Summons

Bailable

Not compoundable.

Simple
imprisonment for 1
month, or fine of
2[600 rupees, or
both.

Executive
Magistrate of
the first or
second class.

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 6 months, or
fine of 3[3,000
rupees, or both.
Imprisonment of
either description
for 2 years, or fine,
or both.

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for I year, or fine,
or both.

Ditto

non-bailable vide No. Judl. 1-3 (1) / 69, dated 14.3.1969.
2002.
2002.
non-bailable vide No. Judl. 1-3 (1) / 69, dated 14.3.1969.

Ditto

[Ss. 196-197]

The Code of Criminal Procedure, 1898

1

2

3

227

4

5

6

7

8

injury.
193

Giving or fabricating
false evidence in a
judicial proceeding.
Giving or fabricating
false evidence in any
other case.

194

Giving or fabricating
false
evidence with
intent to cause
any person to
be convicted of a
capital offence.
If innocent person be thereby
convicted and
executed.
Giving or fabricating
false evidence with
in
tent to procure
conviction of an
offence punish
able with 3[Impirsonment] for

195

1
2
3
4

Subs.
Subs.
Subs.
Subs.

by
by
by
by

CHAPTER XI.-FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
Shall not arrest
Warrant
Bailable
Not
Imprisonment of
without
compoundable.either description
warrant.
for 7 years, and
fine.
Ditto
Ditto
Ditto
Ditto
Imprisonment of
either description
for 3 years, and
fine.
2[Imprisonment for
Ditto
Ditto
Not bailable.
Ditto
life, or rigorous
imprisonment for
10 years, and fine.

Ditto

Ditto

Ditto

Ditto

Ditto

4[Not

Ord., XII of 1972.
Act XXV of 1974.
Act XXV of 1974 w.e.f. 14.4.1972.
Amending Act, 1903 (1 of 1903) for “Bailable”.

bailable.]

Court of
Session,
Magistrate of
the first class.
1[Magistrate
of the first
class]
Court of
Session.

Ditto

Death, or as above

Ditto

Ditto

The same as for the
offence.

Ditto

228

The Code of Criminal Procedure, 1898
1

196

197

198

199

200

201

2
life or with imprisonment for
7 years or upwards.
Using in a judicial
proceeding evidence
known
to be false or
fabricated.
Knowingly issuing
or signing a false
certificate relating to
any fact of which
such certificate is by
law admissible in
evidence.
Using as a true
certificate one
known to be false in
a material point.
False statement
made in any
declaration which is
by law receivable as
evidence.
Using as true any
such declaration
known to be false.
Causing
disappearance of
evidence of an of
fence committed, or
giving false
information
touching it to screen
the offe-nder, if a

3

[Ss. 555-559]

4

5

6

7

8

Not compoundable
-

The same as for
giving or
fabricating false
evidence.

Court of
Session, or
Magistrate of
the first class.

Ditto

According as
The offence. Of
giving such
evidence is
bailable or not.
Bailable

Ditto

The same as for
giving false
evidence

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 7 years, and
fine.

Court of
Session.

Shall not arrest
without
warrant.

Warrant

Ditto

[Ss. 196-197]
1

202

203

204

205

1

The Code of Criminal Procedure, 1898

2
capital offence.
If punishable with
1[Imprison-ment] for
life or
imprisonment
for 10 years.
If punishable with
less than 10 years
imprisonment.

Intentional omission
to give information
of an offence by a
person legally
bound to inform.
Giving false
information
respecting an offence
committed.
Secreting or
destroying any
document to prevent its production
as evidence.
False personation for
the purpose of any
act or proceeding in
a suit or criminal
prosecution, or for

3

229

4

5

6

7

8

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 3 years and
fine.

Magistrate of
the first class.

Ditto

Ditto

Ditto

Ditto

Magistrate of
the first or
second class,
by which the
offence is
triable.

Ditto

Summons .

Bailable

Ditto

Imprisonment for a
quarter of the
longest term, and
of the description
provided for the
offence or fine, or
both.
Imprisonment of
either description
for 6 months, or
fine, or both.

Ditto

Warrant

Ditto

Ditto

Ditto

Shall not arrest
without
warrant.

Warrant

Bailable

Not compoundable
-

Imprisonment of
either description
for 2 years or fine,
or both.
Imprisonment of
either description
for 2 years, or fine,
or both.

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 3 years, or fine,
or both.

Magistrate of
the first class,

Subs. by Act XXV of 1974 w.e.f. 14.4.1972.

Magistrate of
the first or
second class.

Magistrate of
the first class.

230

The Code of Criminal Procedure, 1898
1

206

207

208

209

210

2
becoming bail or
security.
Fraudulent removal
or concealment, etc.,
of property to
prevent its seizure as
a forfeiture, or in
satisfaction of a fine
under sentence or in
execution of a
decree.
Claiming property
without right, or
practicing deception
touching any right to
it, to prevent its
being taken as a
forfeiture, or in
satisfaction of a fine
under sentence, or in
execution of a
decree.
Fraudulently
suffering a decree to
pass for a sum not
due, or suffering
decree to be
executed after it has
been satisfied.
False claim in a
Court of Justice.

Fraudulently
obtaining a decree

3

[Ss. 555-559]

4

5

6

7

8

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 2 years, or fine,
or both.

Magistrate of
the first or
second class.

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 2 years, and
fine.
Imprisonment of
either description

Ditto

[Ss. 196-197]
1

211

212

The Code of Criminal Procedure, 1898

2
for a sum not due or
causing a decree to
be executed after it
has been satisfied.
False charge of
offence made with
intent to injure.
If offence charged be
punishable with
imprisonment for 7
years or upwards.
If offence charged be
capital, or
punishable with
1[Imprisonment] for
life.
Harbouring an
offender, if the
offence be capital.
If punishable with
for
life, or with
imprisonment for 10
years.
If punishable with
imprisonment for 1
year and not for 10
years.

3

231

4

5

6

2
3

8

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Shall not arrest
without
warrant.

Warrant

Bailable

Not
compoundable.-

Imprisonment of
either description
for 7 years, and
fine.
Imprisonment of
either description
for 7 years, and
fine.

Court of
Session, or
Magistrate of
the first class.
Court of
Session.

May arrest
without
warrant.

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 5 years, and
fine.
Imprisonment of
either description
for 3 years, and
fine.

Court of
Session, or
Magistrate of
the first class.
3[Magistrate
of the first
class.

Ditto

Ditto

Ditto

Ditto

Imprisonment for a
quarter of the
longest term, and
of the description
provided for the

Magistrate of
the first class,
or Court by
which the
offence is

2[imprison-ment]

1

7
for 2 years, or fine,
or both.

Subs. by Act XXV of 1974 w.e.f. 14.4.1972.
Subs. by Act XXV of 1974 w.e.f. 14.4.1972.
Words *Presidency Magistrate* and by implication word “or” omitted. Ibid.

232

The Code of Criminal Procedure, 1898
1

213

Taking gift, etc, to
screen an off-ender
from punishment, if
the offence be
capital.
If punishable with
2[imprison-ment] for
life or with
imprisonment for 10
years.
If with
imprisonment for
less than 10 years.

214

1
2
3
4

2

Offering gift or
restoration of
property in
consideration of
screening offender, if
the offence be
capital.
If punishable with
4[imprisonment] for

Subs.
Subs.
Subs.
Subs.

by
by
by
by

3

[Ss. 555-559]

4

5

6

7
offence, or fine, or
both.
Imprisonment of
either description
for 7 years and
fine.

8
traiable.

1[May

arrest
without
warrant.

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 3 years, and
fine.

Court of
Session,
Magistrate of
he first class.

Ditto

Ditto

Ditto

Ditto

Magistrate of
the first class,
or Court by
which the
offence is
triable.

3[Shall

not arrest
without
warrant.]

Ditto

Ditto

Ditto

Imprisonment for a
quarter of the
longest term,
and of the
description
provided for the
offence,
or fine, or both.
Imprisonment of
either description
for 7 years, and
fine.

Ditto

Ditto

Ditto

Ditto

the Code of Criminal Procedure (Amdt.) Act, 1923.
Act XXV of 1974.
the Code of Criminal Procedure (Amdt.) Act, 1923.
Act XXV of 1974.

Imprisonment of
either description

Court of
Session.

Court of
Session.

Magistrate of
the first class.

[Ss. 196-197]
1

215

216

1
2
3

The Code of Criminal Procedure, 1898

2
life, or with
imprisonment for 10
years.
If with
imprisonment for
less than 10 years.

Taking gift to help to
recover moveable
property of which a
person has been
deprived by an
offence, without
causing apprehension of of fender.
Harbouring an
offender who has
escaped from
custody, or whose
apprehension has
been ordered, if the
offence be capital.
If punishable with
2[imprison-ment for
life, or with
imprisonment for 10
years.

3

233

4

5

6

Ditto

Ditto

Ditto

Ditto

1[May

arrest
without warrant

Warrant

Bailable

Not compoundable.

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Subs. by the Code of Criminal Procedure (Arndt.) Act, 1923.
Subs. by Ord., XII of 1972.
Subs. by Ord., XII of 1972.

7
for 3 years, and
fine.

8

Imprisonment for a
quarter of the
longest term, and
of the description,
provided for the
offence, or fine, or
both.
Imprisonment of
either description
for 2 years, or fine,
or both.

Magistrate of
the first class,
or Court by
which the
offence is
triable.

Ditto

Imprisonment of
either description
for 7 years, and
fine.

Court of
Session,
Magistrate of
the first class.

Ditto

Imprisonment of
either description
for 3 years, with or
without fine.

3[Magistrate

Magistrate of
the first class.

of the first
class.

234

The Code of Criminal Procedure, 1898
1

3

4

5

6

Ditto

Ditto

Ditto

Ditto

7
Imprisonment for a
quarter of the
longest term, and
of the description,
provided for the
offence, or fine, or
both.
Rigorous
imprisonment for 7
years, and fine.

8
Magistrate
of the first
class, or
Court by
which the
offence is
triable.
Court of
Session, or
Magistrate of
the first class.
Magistrate of
the first or
second class.

216A

Harbouring robbers
or dacoits

Ditto

Ditto

Ditto

Ditto

217

Public servant
Disobeying a
direction of law with
intent to save person
from punishment, or
property from
forfeiture.
Public servant
framing an incorrect
record or writing
with intent to save
person from
punishment, or
property from
forfeiture.
Public servant in a
judicial proceeding
corruptly making
and pronouncing an
order, report,
verdict or decision

Shall not arrest
without
warrant.

Summons

Ditto

Ditto

Imprisonment of
either description
for 2 years, or fine,
or both.

Ditto

Warrant

Ditto

Ditto

Imprisonment of
either description
for 3 years, or fine,
or both.

1[Magistrate

Imprisonment of
either description
for 7 years, or fine,
or both.

Ditto

218

219

1

2
If with
imprisonment for 1
year, And not for 10
years.

[Ss. 555-559]

Subs. by Ord., XII of 1972.

Ditto

Ditto

Ditto

Ditto

of the first
class.]

[Ss. 196-197]
1

220

221

222

1
2

The Code of Criminal Procedure, 1898

2
which he
knows to be
contrary to law.
Commitment for
trial or confinement
by a person having
authority, who
knows that he is
acting contrary to
law.
Intentional omission
to apprehend on the
part of a public servant bound by law
to apprehend an
offender, if the
offence be capital.
If punishable with
1[imprison-ment]for
life, or imprisonment
for 10 years.
If with
imprisonment for
less than 10 years.
International
omission to
apprehend on the
part of a public
servant bound by
law to apprehend

3

235

4

5

6

7

8

Shall not arrest
without
warrant.

Warrant

Bailable

Not compoundable.

Imprisonment of
either description
for 7 years, or fine,
or both.

Court of
Session.

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 7 years, with or
without fine.

Ditto

Ditto

Ditto

Ditto

Ditto

Magistrate of
the first or
second class.

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Not bailable

Ditto

Imprisonment of
either description
for 3 years, with or
without fine.
Imprisonment of
either description
for 2 years, with or
without fine.
2[Imprisonment for
life, or
imprisonment of
either description
for 14 years, with
or without fine.

Subs. by Act XXV of 1974, w.e.f. 14.4.1972.
Subs. by Act XXV of 1974, w.e.f. 14.4.1972.

Magistrate of
the first or
second class.
Court of
Session.

236

The Code of Criminal Procedure, 1898
1

223

224

225

1
2
3

2
person under
sentence of a Court
of Justice if under
sentence of death.
If under sentence of
1[imprisonment, 2***
imprisonm-ent 3***
for 10 years or
upwards.
If under sentence Of
imprisonment for
less than 10 years or
lawfully committed
to custody.
Escape from
confinement
negligently suffered
by a public servant.
Resistance or
obstruction by a
person to his lawful
apprehension.
Resistance or
obstruction to the
lawful apprehension
of another person, or
rescuing him from
lawful custody.
If charged with an
offence punishable

3

[Ss. 555-559]

4

5

6

7

8

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 7 years, with or
without fine.

Ditto

Ditto

Ditto

Bailable

Ditto

Imprisonment of
either description
for 3 years, or fine,
or both.

Magistrate of
the first class.

Ditto

Summons

Ditto

Ditto

Magistrate of
the first or
second class.

May arrest
without
Warrant

Ditto

Ditto

Ditto

May arrest
without
warrant.

Warrant

Bailable

Not compoundable

Simple
imprisonment for2
years, or fine, or
both.
Imprisonment of
either description
for 2 years, or fine,
or both.
Imprisonment of
either description
for 2 years, or fine,
or both.

Ditto

Ditto

Not bailable.

Ditto

Imprisonment of
either description

Magistrate of
the first class.

Subs. by Act XXV of 1974, w.e.f. 14.4.1972.
The words “penal servitude”, omitted by the Criminal law (Extinction of Discriminatory Privileges) Act, 1949.
The word “or penal servitude” omitted, ibid.

Ditto

Magistrate of
the first or
second class.

[Ss. 196-197]
1

225A

1
2
3
4

The Code of Criminal Procedure, 1898

2
with
1[imprisonment] for
life, or imprisonment for 10 years.
If charged with a
capital offence.

3

237

4

5

6

Ditto

Ditto

Ditto

Ditto

If the person is
sentenced to
transportation for
life, or to
2[imprisonment for
life], 3*** imprisonment for 10 years
or upwards.
If, under sentence of
death.

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Omission to apprehend, or sufferance
of escape, on part of
public servant' in
cases not otherwise
provided for(a) in case of

Ditto

Ditto

Ditto

Ditto

Shall not arrest

Ditto

Bailable

Ditto

7
for 3 years and
fine.

8

Court of
Session.

Ditto

Imprisonment of
either description
for 7 years, and
fine.
Ditto

Ditto

4[Imprisonment]

Ditto

Ditto

for life, or
imprisonment of
either description
for 10 years and
fine
Ditto

Imprisonment of

Subs. by Act XXV of 1974.
Ibid.
The word “penal servitude,” omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (2 of 1950).
Subs. by Act XXV of 1974.

Magistrate of

238

The Code of Criminal Procedure, 1898
1

2
intentional omission
or sufferance;

3
without warrant

(b) in case of
negligent Omission
or sufferance.

Ditto

Summons

Ditto

Ditto

Resistance or
Obstruction to
lawful
apprehension, or
escape or rescue in
cases not otherwise
provided for.
Omitted by
Ordinance XII of
1972.
Violation of
condition of
remission of
punishment.

May arrest
without warrant

Warrant

Ditto

Ditto

----

----

----

Shall not arrest
without
warrant.

Summons

228

Intentional insult or
interruption to a
public servant sitting
in any stage of a
judicial proceeding.

Shall not arrest
without
warrant.

229

Personation of a

Ditto

225 B

226

227

1

[Ss. 555-559]

Subs. by Ord. LXXXVI of 2002.

4

5

6

7
either description
for 3 years, or both
class.
Simple
imprisonment for2
years, or fine, or
both.
Imprisonment of
either description
for 6 months, or
fine, or both

8
the first class.

----

----

----

Ditto

Ditto

The Court by
which the
original
offence was
triable.

Summons

Bailable

Not compoundable.

Punishment of
original sentence,
or if part of the
punishment has
been undergone
the residue.
Simple
imprisonment for 6
months, or fine of
1[3,000 rupees], or
both.

Ditto

Ditto

Ditto

Imprisonment of

Magistrate of
the first or
second class
Ditto

The Court in
which the
offence is
committed,
subject to the
provisions of
Chapter
XXXV.
Magistrate of

[Ss. 196-197]
1

231

232

233

234

235

1
2
3

The Code of Criminal Procedure, 1898

2
juror or assessor.

Counterfeiting, or
performing any part
of the process of
counterfeiting, coin.
Counterfeiting, or
performing any part
of the process of
counterfeiting
1[Pakistan coin].
Making buying or
selling instrument
for the purpose of
counterfeiting coin.
Making, buying or
selling instrument
for the purpose of
counterfeiting 3[Pakistan coin].
Possession of
Instrument or
material for the
purpose of using the
same for counterfeiting coin.

3

239

4

5

6

7
either description
for 2 years, or fine,
or both.

CHAPTER XII.-OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS
May arrest
Warrant
Not bailable.
Not compoundable.
Imprisonment of
without
either description
warrant.for 7 years, and
fine.
2[Imprisonment for
Ditto
Ditto
Ditto
Ditto
life, or
imprisonment of
either description
for 10 years, and
fine
Ditto
Ditto
Ditto
Ditto
Imprisonment of
either description
for 3 years, and
fine.
Ditto
Ditto
Ditto
Ditto
Imprisonment of
either description
for 7 years, and
fine.
Ditto

Ditto

Ditto

Ditto

Subs. by A. O., 1961, Art 2 and Sch., for "the Queen's coin" (with effect from the 23rd March, 1956).
Subs. by Act XXV of 1974.
Subs. by A. O., 1961, Art 2 and Sch., for "the Queen's coin" (with effect from the 23rd March, 1956).

Imprisonment of
either description
for 3 years, and
fine.

8
the first class.

Court of
Session,

Ditto

Magistrate of
the first class

Court of
Session.

Magistrate of
the first class.

240

The Code of Criminal Procedure, 1898
1

3

4

5
6

4

5

6

Ditto

Ditto

Ditto

Abetting in
2[Pakistan] the
counterfeiting out of
3[Pakistan] of coin.

Ditto

Ditto

Ditto

Ditto

237

Import or export of
counterfeit coin,
knowing the same to
be counterfeit.
Import or export of
counterfeits Of
5[Pakistan Coin],
knowing the same to
be counterfeit.

Ditto

Ditto

Ditto

Ditto

May arrest
without
warrant.

Warrant

Not bailable.

Not compoundable.

Having any
counterfeit coin
known to be such

Ditto

Ditto

Ditto

Ditto

239

2

3
Ditto

236

238

1

2
If 1[Pakistan coin].

[Ss. 555-559]

Subs. by the Central Laws (Statue Reform) Ordinance, 1960, S.3. and 2nd Sch. (w.e.f. 14th October
Capital of the Federation which has been subs. by A.O., 1949, Arts. 3(2) and 4, for “British India”.
Subs. by the Central Laws (Statue Reform) Ordinance, 1960, S.3. and 2nd Sch. (w.e.f. 14th October
Capital of the Federation which has been subs. by A.O., 1949, Arts. 3(2) and 4, for “British India”.
Subs. by the Central Laws (Statue Reform) Ordinance, 1960, S.3. and 2nd Sch. (w.e.f. 14th October
Capital of the Federation which has been subs. by A.O., 1949, Arts. 3(2) and 4, for “British India”.
Subs. by the Central Laws (Statue Reform) Ordinance, 1960, S.3. and 2nd Sch. (w.e.f. 14th October
Capital of the Federation which has been subs. by A.O., 1949, Arts. 3(2) and 4, for “British India”.
Subs. by A. O., 1961, Art 2 and Sch., for "the Queen's coin" (with effect from the 23rd March, 1956).
Subs. by Act XXV of 1974, w.e.f. 13.4.1972.

7
Imprisonment of
either description
for 10 years, and
fine.
The punishment
provided for
abetting the
counterfeiting of
such coin with in
4[Pakistan].
Imprisonment of
either description
for 3 years, and
fine.
6[Imprisonment for
life, or
imprisonment of
either description
for 10 years, and
fine.
Imprisonment of
either description
for 5 years, and

8
Court of
Session.

Ditto

Magistrate of
the first class.

Court of
Session.

Court of
Session,
Magistrate of

1955), for “the Provinces and the
1955), for “the Provinces and the
1955), for “the Provinces and the
1955), for “the Provinces and the

[Ss. 196-197]
1

240

241

242

243

244

1
2
3

The Code of Criminal Procedure, 1898

2
when it came into
possession, and
delivering, etc., the
same to any person.
The same with
respect to 1[Pakistan
coin].
Knowingly
delivering to another
any counterfeit coin
as genuine which,
when first possessed, the deliverer
did not know to be
counterfeit.
Possession of
counterfeit coin by a
person who knew it
to be counterfeit
when he became
possessed there of.
Possession of
2[Pakistan coin] by a
person who knew it
to be counterfeit
when he became
possessed thereof.
Person employed in
a Mint causing coin

3

241

4

5

6

7
fine.

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

8
the first class.

Imprisonment of
either description
for 10 years, and
fine.
Imprisonment of
either description
for 2 years, or fine
of ten times the
value of the coin
counterfeited, or
both.

Ditto

Ditto

Imprisonment of
either description
for 3 years, and
fine.

Magistrate of
the first class.

Ditto

Ditto

Imprisonment of
either description
for 7 years, and
fine.

3[Court

Ditto

Ditto

Ditto

Court of
Session.

Subs. by A. O., 1961, Art. 2 and Sch for "the Queen's coin" (with effect from the 23rd March, 1956)
Subs. by A. O., 1961, Art. 2 and Sch. for "Queen's coin" (with effect from the 23rd March, 1956).
Subs. by Ord., XII of 1972.

Magistrate of
the first or
second class.

of
Session or
Magistrate of
the first class.

242

The Code of Criminal Procedure, 1898
1

245

246

247

248

249

250

1
2
3

2
to be of a different
weight or
composition from
that fixed by law.
Unlawfully taking
from a Mint any
coining instrument.
Fraudulently
diminishing the
weight or altering
the composition of
any coin.
Fraudulently diweight menihhiog
the ing the com- or
alter- Position of
1[Pakistan coin].
Altering appearance
of any coin with
intent that it shall
Pass as a coin of
a different description.
Altering appearance
of 3[Pakistan coin]
with intent that it
shall pass as a coin
of a different
description.
Delivery to another

3

[Ss. 555-559]

4

5

6

7

8

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 3 years, and
fine.

Magistrate of
the first class.

May arrest
without
warrant.

Warrant

Not bailable.

Not compoundable

Imprisonment of
either description
for 7 Years, and
fine.

Court of
Session,
Magistrate of
the first class.

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 3 years and
fine.

2[Magistrate

of the first
class].

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 7 years and
fine.

Court of
Session, or
Magistrate of
the first class.

Ditto

Ditto

Ditto

Ditto

Imprisonment of

Ditto

Subs. by A. O., 1961, Art. 2 and Sch., for "the Queen's coin" (with effect from the 23rd March, 1956)
Subs. by Ord., XII of 1972.
Subs. by A. O., 1961, Art. 2 and Sch., for "the Queen's coin" (with effect from the 23rd March, 1956)

[Ss. 196-197]
1

251

252

253

254

1
2
3
4

Subs.
Subs.
Subs.
Subs.

The Code of Criminal Procedure, 1898

2
of coin Possessed
with other of coin
the knowledge that
it is altered.
Delivery of
1[Pakistan coin]
possessed with the
knowledge that it is
altered.
Possession of altered
coin by a
person who knew it
to be altered when
he became Possessed
thereof
Possession of
3[Pakistan coin by a
person who knew it
to be
altered when he
became possessed
thereof.
Delivery to another
of coin as genuine
which, or fine of ten
times the when first
possessed, the deliverer did not know
to be altered.

by
by
by
by

3

243

4

5

6

7
either description
for 5 years, and
fine.

8

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 10 years, and
fine.

Ditto

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 3 years, and
fine.

2[Magistrate

of the first
class].

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 5 years, and
fine.

4[Court

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 2 years, value
of the coin.

Magistrate of
the first or
second class.

A. O., 1961, Art. 2 and Sch., for "Queen's coin" (with effect from the 23rd March, 1956).
Ord., XII of 1972.
A. O., 1961, Art. 2 and Sch., for "Queen's coin" (with effect from the 23rd March, 1956).
Ord., XII of 1972.

of
Session, or
Magistrate of
the first
class].

244

The Code of Criminal Procedure, 1898
1

255

256

257

258
259

260

261

1
2
3

2
Counterfeiting a
Government stamp.

3
Ditto

[Ss. 555-559]

4
Ditto

5
1[Ditto]

6
Ditto

7
2[Imprisonment

for

life or
imprisonment of
either description
for 10 years, and
fine.
Imprisonment of
either description
for 7 years, and
fine.

8
Court of
Session.

Having possession
of an instrument or
material for the
purpose of
coupterfeiting a
Government stamp.
Making, buying or
selling instrument
for the purpose of
counterfeiting a
Government stamp.
Sale of counterfeit
Government stamp.
Having posses tern
of counterfeit
Government stamp.

Ditto

Ditto

Ditto

Ditto

May arrest
without warrant

Warrant

Bailable

Not compoundable.

Imprisonment of
either description
for 7 years, and
fine

Court of
Session.

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Using as genuine a
Government stamp
known to be
counterfeit.
Effacing any writing
from a substance
bearing a

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 7 years,
or fine, or both.
Imprisonment of
either description
for 3 years,

Court of
Session,
Magistrate of
the first class.
Ditto

Subs. by Act LVII of 1973.
Subs. by Act XXV of 1974.
Subs. by Ord., XII of 1972.

Ditto

3[Magistrate

of the first
class.]

[Ss. 196-197]
1

262

263

3

4

5

6

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Fictitious stamps

Ditto

264

Fraudulent use of
false instrument for
weighing

CHAPTER XIII.-OFFENCES RELATING TO WEIGHTS AND MEASURES
Shall not arrest
Summons
Bailable
Not compoundable
without
warrant.

266

267

2

2
Government stamp,
or removing from a
document a stamp
used for it with
intent to cause loss
to Government.
Using a Governmeat stamp known
to have been before
used.
Erasure of mark
denoting that stamp
has been used.

245

263A

265

1

The Code of Criminal Procedure, 1898

Fraudulent use of
false weight or
measure.
Being in possession
of false weights or
measures for fraudulent use.
Making or selling
false weights or
measures for

7
or fine, or both.

Imprisonment of
either description
for 2 years, the or
fine, or both.
Imprisonment of
either description
for 3 years or fine,
or both.
Fine of 1[600
rupees

8

Magistrate of
first or
second class.
Magistrate of
the first class.

Magistrate of
the first class.

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 1 year, fine, or
both.
Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Subs. by Ord. LXXXVI of 2002.
Subs. by Legal Reforms Ord., (XL of 1996).

2Executive

Magistrate of
or the first or
second class.
Ditto

246

The Code of Criminal Procedure, 1898
1

269

270

271

272

273

274

1

[Ss. 555-559]

2
3
4
5
6
7
fraudulent use.
CHAPTER XIV.-OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS
Negligently doing
May arrest
Summons
Bailable
Not compoundable
Imprisonment of
any act known to be
without warrant
either description
likely to spread
for 6 months, or
infection of any
fine, or both.
disease dangerous to
life.
Malignantly doing
Ditto
Ditto
Ditto
Ditto
Imprisonment of
any act known to be
either description
likely to spread
for 2 years,
infection of any
or fine, or both.
disease dangerous to
life.
Knowingly
Shall not arrest
Ditto
Ditto
Ditto
Imprisonment of
disobeying any
without
either description
quarantine rule.
warrant.
for 6 months, or
fine, or both.
Adulterating food or
Ditto
Ditto
Ditto
Ditto
Imprisonment of
drink intended for
either description
for 6 months, or
sale, so as to make
the same noxious.
fine or 1[3,000
rupees, or both.
Selling any food
Ditto
Ditto
Ditto
Ditto
Ditto
drink as food and
drink, knowing the
same to be noxious.
Adulterating any
Ditto
Ditto
Ditto
Ditto
Ditto
drug or medical
preparation in
tended for sale so as
to lessen its efficacy,

Subs. by Ord. LXXXVI of 2002.

8

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

[Ss. 196-197]
1

275

276

277

278

279

1
2
3

The Code of Criminal Procedure, 1898

2
or to change its operation, or to make it
noxious.
Offering for sale or
issuing from a
dispensary any drug
or medical
preparation known
to have been
adulterated.
Knowingly selling
or issuing from a
dispensary any drug
or medical preparation as a different
drug or medical
preparation.
Defiling the water of
a public spring or
reservoir.

Making atmosphere
noxious to health.

3

247

4

5

6

7

8

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

May arrest
without
warrant.

Ditto

Ditto

Ditto

2[Any

Shall not arrest
without
warrant.
-

Ditto

Imprisonment of
either description
for 3 months, or
fine of 1[1,500
rupees, or both.
Fine of 3[1,500
rupees

Ditto

Ditto

CHAPTER XIV
OFFENCES AFFECTING THE PUBLIC HEALTH, SAFTEY CONVENIENCE, DECENCY AND MORALS
Driving or riding on
May arrest
Summons
Bailable
Not compoundable.
Imprisonment of

Subs. by Ord. LXXXVI of 2002.
Subs. by Legal Reforms Ord., (XL of 1996).
Subs. by Ord. LXXXVI of 2002.

Executive
Magistrate.]

Ditto

1[Ex.

248

The Code of Criminal Procedure, 1898
1

280

281

282

283

284

3
1
2
4
5

Subs.
Subs.
Subs.
Subs.
Subs.

2
a public way so
rashly or negligently
as to endanger
human life, etc.
Navigating any
vessel so rashly or
negligently as to
endanger human
life, etc.
Exhibition of a false
light, mark or buoy.

3
without
warrant.

Conveying for hire
any person by water,
in a vessel in such a
state, or so loaded,
as to endanger his
life.
Causing danger
obstruction or injury
in any public way or
line of navigation.
Dealing with any
poisonous substance

by
by
by
by
by

[Ss. 555-559]

4

5

6

7
either description
for 1[two years] or
fine of 2[3,000
rupees, or both.
Ditto

8
Magistrate of
the first or
second class.]

Imprisonment of
either description
for 7 years, or fine,
or both.
Imprisonment of
either description
for 6 months, or
fine of 4[3,000
rupees, or both.

Court of
Session.

Ditto

Ditto

Ditto

Ditto

Ditto

Warrant

Ditto

Ditto

Ditto

Summons

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Fine of 5[600
rupees.

Ditto

Shall not arrest
without

Ditto

Ditto

Ditto

Imprisonment of
either description

Ditto

Legal Reforms Act (XL of 1996).
Ord. III of 1980.
Ord. LXXXVI of 2002.
Ord. LXXXVI of 2002.
Ord. LXXXVI of 2002.

Executive
Magistrate of
the first or
second class.

Executive
Magistrate of
the first or
second class.

[Ss. 196-197]
1

285

286
287

288

289

1
2
3

The Code of Criminal Procedure, 1898

249

2
so as to endanger
human life, etc.

3
warrant.

Dealing with fire or
any combustible
matter so as to
endanger human
life, etc.
So dealing with any
explosive substance.
So dealing with any
machinery.

May arrest
without
warrant.

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Shall not arrest
without warrant

Ditto

Ditto

Ditto

Ditto

A person omitting to
guard against probable danger to
human life by the
fall of any building
over which he has a
right entitling him to
pull it down or
repair it.
A person omit- ting
to take order with
any animal in his
possession, so as to
guard against
danger to hurt man
life, or of grievous

Ditto

Ditto

Ditto

Ditto

Ditto

Executive
Magistrate of
the first or
second class.
Ditto

May arrest
without warrant

Summons

Bailable

Not compoundable

Imprisonment of
either description
for 6 months, or
fine of 3[3,000
rupees, or both.

Subs. by Ord. LXXXVI of 2002.
Subs. by Ord. III of 1980.
Subs. by Ord. LXXXVI of 2002.

4

5

Ditto

6

Ditto

7
for 6 months, or
fine of 1[3,000
rupees, or both.
Ditto

8

2[Any

Executive
Magistrate.

Any
Magistrate.

250

The Code of Criminal Procedure, 1898
1

290

291

Continuance of
Nuisance after
injunction to
discontinue.
Sale, etc., of obscene
books, etc.

292

2
3
4

3

4

5

6

Ditto

Ditto

Fine of 1[600
rupees

Ditto

Ditto

Ditto

Ditto

Ditto

Warrant

Ditto

Ditto

Simple
imprisonment for 6
months, or fine, or
both.
Imprisonment of
either description
for 3 months, or
fine, or both.
3[Imprisonment of
either description
for 6 months, or
fine, or both.]
Imprisonment of
either description
for 3 months, or
fine, or both.
Imprisonment of
either description
for 6 months, or
fine, or both.
Fine of 4[3,000
rupees

Executive
Magistrate of
the first or
second class
Executive
Magistrate of
the first class.

etc., of
obscene objects to
young persons.]

Ditto

Ditto

Ditto

Ditto

294

Obscene songs

Ditto

Ditto

Ditto

Ditto

294A

Keeping a lottery
office.

Shall not arest
without
warrant.

Summons

Ditto

Ditto

Publishing proposals
relating to lotteries.

Ditto

Ditto

Ditto

Ditto

Destroying, dam-

May arrest

by
by
by
by

8

Ditto

2[Sale,

Subs.
Subs.
Subs.
Subs.

7

Shall not arrest
without
warrant.
May arrest

293

295

1

2
hurt, from such animal.
Committing a public
nuisance.

[Ss. 555-559]

CHAPTER XV.-OFFENCES RELATING TO RELIGION
Summons
Bailable
Not compoundable.

Ord. LXXXVI of 2002.
the Obscene Publications Act, 1925 (8 of 1925).
Legal Reforms Act (XL of 1996).
Ord. LXXXVI of 2002.

Imprisonment of

Ditto

[Any
Executive
Magistrate.
Ditto

Ditto

1*

**

[Ss. 196-197]
1

2[295A

4[295B
5[295C

296

297

1
2
3
4
5
6
7
8
9

The Code of Criminal Procedure, 1898

2
aging or defiling a
place of worship or
sacred object with in
tent to insult the
religion of any class
of persons.
Maliciously insulting
the religion or the
religious beliefs of
any class.
Defiling, etc. of copy
of Holy Quran.
Use of derogatory
remarks, etc., in
respect of the Holy
Quran

3
without
warrant.

Causing a
disturbance to an
assembly engaged in
religious worship.
Trespassing in place
of worship or

251

4

5

Shall not arrest
without warran.

Warrant

May arrest
without warrant
Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

6[May

arrest
without war-

7[Summons]

8[Bailable]

9[Not

1[May

2[Summons]

arrest
without

Omitted by A. O., 1949.
Inst. by Act XXV of 1927.
Subs. by Cr. Law (Third Amdt). Ord.,
Inst. by Ord. (I of 1962).
Inst. by Act (III of 1986).
Sub. By Act (XXV of 1927).
Ins. By Ord., XLV of 1980, dated 18.9.1980.
Ins. By Ord., XLV of 1980, dated 18.9.1980.
Ins. By Ord., XLV of 1980, dated 18.9.1980.

Not bailable.

6

7
either description
for 2 years, or fine,
or both.

Ditto

8
Magistrate of
the first or
second class.

3[Magistrate

of the first
class].

compoundable.]

3[Bailable]

4[Not

compoundable

Imprisonment for
life.
Death, or
imprisonment for
life, and fine.

Imprisonment of
either description
for one year, or
fine, or both.
Imprisonment of
either description

Court of
Session.
Court of
Session
which shall
be presided
over by a
Muslim].
Magistrate of
the first or
second class.]
Magistrate of
the first or

252

The Code of Criminal Procedure, 1898
1

5298A

6298B

7298C

302

1
2
3
4
5
6
7
8

2
sepulture, disturbing
funeral with
intention to wound
the feelings or to
insult the religion of
any person, or
offering indignity to
a human corpse.
Use of derogatory
remarks, etc. in
respect of holy
personages.
Misuse of epithets,
descriptions and
titles, etc., reserved
for certain holy
personage or places.
Person of Qadiani
group etc. calling
himself a Muslim or
preaching or
propagating his
faith.
Qatl-e-amd

3
warrant.]

[Ss. 555-559]

4

5

6

Make arrest
without
warrant.

Ditto

Ditto

Not compoundable

Ditto

Ditto

Not bailable

Ditto

Ditto

Ditto

Ditto

Ditto

8CHAPTER XVI.-OFFENCES AFFECTING THE HUMAN BODY
May arrest
Warrant
Not bailNot compoundable.

7
for one year, or
fine, or both.

8
second class.

Imprisonment of
either description
for 3 years, and
fine or both.
Imprisonment
either description
for 3 years and
fine.

Ditto

Ditto

Ditto

Ditto

Qisas, or death,

Court of

Subs. by Act 25 of 1927.
Ins. By Ord., XLV of 1980, dated 18.9.1980.
Ins. By Ord., XLV of 1980, dated 18.9.1980.
Ins. By Ord., XLV of 1980, dated 18.9.1980.
Inst. by Ord., XLV of 1980.
Subs. by Ord., XX of 1984.
Subs. by Ord., XX of 1984.
Ss. 302 to 338C subs. by Cr.L. (Amdt). Ord., (XVII of 1992) Ord., (XCIX of 1995), Ord., (CXIII of 1996) and (II of 1997)

[Ss. 196-197]
1

303

308

3[310A

1
2
3

The Code of Criminal Procedure, 1898
2

3
without warrant

253

4

5

6

(a) Qatl under Ikrah

Ditto

Ditto

Ditto

Ditto

(b) Causing of ikrahi-tam for
commission of qatl.

Ditto

Ditto

Ditto

Ditto

(c) Qatl under ikrahe-naqis

Ditto

Ditto

Ditto

Ditto

(d) Causing ikrah-inaqis for the
commission of qatl.
Qatl-i-amd not liable
to qisas

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

1[Giving

Shall not arrest
without warrant

Warrant

Not bailable

Not compoundable

a female
forcefully in

Added by Crl. Law Amendment Act, 2004 (I of 2005).
Subs for the words “fourteen years” by the Criminal Law (Amdl.) Act, 2004 (I of 2005) dt. 10.1.2005.
Inst. By the Criminal Law (Amdl.) Act, 2004 (I of 2005) dt. 10.1.2005.

7
imprisonment for
life or
imprisonment upto
twenty-five years
1[but shall not be
less than ten
years.]
Imprisonment of
either description
for twenty-five
years but not less
than ten years.
Punishment
provided for the
kind of qatl
committed.
Punishment
provided for the
kind of qatl
committed.
Imprisonment of
either description
for ten years.
Diyat, and
imprisonment of
either description
for 2[twenty] five
years.
Imprisonment of
either description

8
Session.

Count of
Session.

Count of
Session.

Count of
Session.

Count of
Session.
Count of
Session.

Court of
session or

254

The Code of Criminal Procedure, 1898
1

1
2

2
marriage or
otherwise in badal-esulh, wanni or swara

3

[Ss. 555-559]

4

5

6

311

Qatl-i-amd when
waived/bompoun
ded.

Ditto

Ditto

Ditto

Compoundable

312

Ditto

Ditto

Ditto

Ditto

316

Qatl-i-amd after
compounding of
qisas etc.
Qatl Shibh-i-amd.

Ditto

Ditto

Ditto

Ditto

319

Qatl-i-Khata.

Ditto

Ditto

Bailable

Ditto

Entries relating to columns (2) to (8) subs. By Criminal Law Amendment Act, 2011
Subs. By the Criminal Law (Amdl.) Act, 2004 (I of 2005) dt. 10.1.2005.

7
which may extend
to seven years but
shall not be les
than three years
and fine of rupees
500,000/2[Death or
imprisonment for
life or
imprisonment of
either description
upto fourteen
years but shall not
be less than ten
years if the offence
has been
committed in the
name of on the
pretext of karo
kari, siyath kari or
similar other
customs or
practices.]
Qisas or diyat,

Diyat, and
imprisonment of
either description
for fourteen years.
Diyat, and

8
magistrate of
first class.]

Court of
Session.

Court of
Session.
Court of
Session.

Court of

[Ss. 196-197]
1

1

The Code of Criminal Procedure, 1898
2

3

255

4

5

6

320

Qatl-i-Khata by rash
or negligent driving.

May arrest
without
warrant.

Warrant

Bailable

Compoundable

322

Qatl-bis-Sabab

Ditto

Ditto

Not bailable

Ditto

324

Atempt to qatl-i-amd

Ditto

Ditto

Ditto

Ditto

325

Attempt to commit
suicide

Ditto

Ditto

Bailable

Ditto

327

Being a thug

Ditto

Ditto

Not bailable

Ditto

Words. Inst. by the Criminal Law (Amdt). Act, 2004 (I of 2005) dt. 10.1.2005.

7
imprisonment of
either description
for five years.
Diyat, and
imprisonment of
either description
for ten years.
DIyat
Imprisonment of
either description
for ten years 1[but
shall not be less
than fine years if
the offence has
been committed in
the name or on the
pretext of karo
kari, siyah kardi or
similar other
customs or
practices] and fine,
qisas, or arsh in
case of hurt and
imprisonment upto
seven years.
Simple
imprisonment 1
year or fine or
both.
Imprisonment
for life and fine.

8
Session.

Court of
Session.

Court of
Session.
Court of
Session.

Magistrate of
first or
second
Class.
Court of
Sessions

256

The Code of Criminal Procedure, 1898
1

328

329

1

2
Exposure and
abandonment of
child under twelve
years by
parent or person
having
care of it with
intention oh wholy
abondoning it.
Concealment of birth
by secret disposal of
dead body

3

[Ss. 555-559]

4

5

6

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Bailable

Ditto

334

Itiaf-i-udw

Ditto

Ditto

Not bailable

Compoundable

336

Itlaf-i-salahiyyat-iudw

Ditto

Ditto

Ditto

Ditto

1[336B

Hurt caused by
Corrosive
Substances

Ditto

Ditto

Ditto

Not Compoundable

337A

i. Shajjah-I-Khafifa

Shall not arrest

Summons

Bailable

Ditto

Inserted by the Criminal Law (Second Amendment ) Act, 2011

7
Imprisonment of
either
description for 7
years or fine or
both.

8
Court of
Session
or Magistrate
of first Class.

Imprisonment of
Either description
for 2
years or fine or
both.
Qisa or arsh and
imprisonment of
either description
for
10 years .
Qisa or arsh and
imprisonment of
either description
for 10 years .
Life Imprisonment
or Imprisonment
of either
description for not
less than 14 years
and a minimum
fine of one million
rupees
Qisa or arsh and

Magistrate of
first Class.

Court of
Sessions

Ditto

Magistrate of

[Ss. 196-197]
1

1

The Code of Criminal Procedure, 1898

257

2

3
without warrant

4

5

6

ii. Shajjah-i-mudihah

May arrest
without warrant

Warrant

Not bailable

Ditto

iii. Shajjah-Ihashimah

Ditto

Ditto

Ditto

Ditto

iv. Shajjah-Imudihahnaqqliah

Ditto

Ditto

Ditto

Ditto

v. Shajjah-I-ammah

Ditto

Ditto

Ditto

Ditto

vi. Shajjah-Idamighah

Ditto

Ditto

Ditto

Ditto

Act II of 1997 but en years in the Text. Legislature to remove the disparity.

7
imprisonment of
either
description for
10 years .
Qisa or arsh and
imprisonment of
either
description for 5
years .
Arsh and
imprisonment of
either
description for 7
years .
Arsh and
imprisonment of
either
description for
10 years .
Arsh and
imprisonment of
either
description for
1[fourteen years.
(But 10 years in the
text.
Qisa or arsh and
imprisonment of
either
description for
14 years .

8
first Class.

Court of
Session or
Magistrate of
first Class.
Ditto

Ditto

Ditto

Ditto

258

The Code of Criminal Procedure, 1898
2

3

[Ss. 555-559]

1
337-D

Jaifah

Ditto

Ditto

4
Ditto

5
Ditto

6

337-F

I. Damiyah

Shall not arrest
without warrant

Summons

Bailable

Ditto

ii. Badiah

May arrest
without warrant

Warrant

Not bailable

Ditto

iii. Mutalahimah

Ditto

Ditto

Ditto

Ditto

iv. Mudibah

Ditto

Ditto

Ditto

Ditto

v. Hashimah

Ditto

Ditto

Ditto

Ditto

7
Arsh,
imprisonment of
either
description for
10 years and
punishment
povided forItlafI-Udw and ItlafI-Salahiyyat-I-udw
if caused.
Daman, and
imprisonment of
either
description for 1
year .
Daman, and
imprisonment of
either
description for 3
years .
Daman, and
imprisonment of
either
description for 3
years .
Daman, and
imprisonment of
either
description for 5
years .
Daman, and
imprisonment of
either
description for 5
years .

8
Ditto

Magistrate of
first Class.

Ditto

Ditto

Court of
Session
or Magistrate
of
first Class.
Ditto

[Ss. 196-197]
1

The Code of Criminal Procedure, 1898

2
vi. Munaqqilah

3

259

4

5

6

Ditto

Ditto

Ditto

Ditto

337G

Hurt by rash or
negligent driving

Ditto

Ditto

Bailable

Ditto

337H

I. Hurt by rash or
negligent act

Ditto

Ditto

Ditto

Ditto

ii. A rash or
negligent
act to endander
human
life or personal
safety
of others.
Hurt by mistake
(khata)

Shall not arrest
without warrant

Summons

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

337J

Hurt by means of a
poison

May arrest
without warrant

Warrant

Not bailable

Ditto

337K

Hurt for extorting

Ditto

Ditto

Ditto

Ditto

337I

7
Daman, and
imprisonment of
either
description for 7
years .
Arsh, or daman,
and
imprisonment of
either
description for 5
years .
Arsh, or daman,
and
imprisonment of
either
description for 3
years .
Imprisonment of
either
description for 3
month, or with
fine, or with both.

Arsh or daman
for the kind of
hurt caused.
Arsh or daman
provided for the
kind of hurt
caused and
imprisonment of
either discription
for 10 years.
Arsh or daman

8
Ditto

Magistrate of
first Class.

Magistrate of
First or
second
Class.

Ditto

260

The Code of Criminal Procedure, 1898
1

337L

1

2
confession, etc.

3

[Ss. 555-559]

4

5

6

(a) Hurt other than
specified in sections
here-to-before

Ditto

Ditto

Ditto

Ditto

(b) Other hurts not
covered here-tobefore

Shall not arrest
without warrant

Summons

Bailable

Ditto

337M

Hurt not liable to
qisas

Ditto

Ditto

Ditto

Ditto

337N

Hurts where qisas
can
not be enforced.

May arrest
without warrant

Warrant

Not bailable

Ditto

Added by the Criminal Law (Amdt). Act, 2004 (I of 2005) dt. 10.1.2005.

7
provided for the
kind of hurt
caused and
imprisonment of
either discription
for 10 years.
Daman, and
imprisonment of
either
description for 7
years .
Daman, and
imprisonment of
either
description for 2
years .
Arsh, tazir and
punishment
provided for the
kind of hurt caused
Arsh, tazir and
punishment
provided for the
kind of hurt caused
1[but ta’zir shall
not be less than
one-third of the
maximum
imprisonment
provided for the
offence where the
offender is a

8

Magistrate of
first Class.

Ditto

Court of
Session or
Magistrate of
first Class.

[Ss. 196-197]
1

338-A

338-C

The Code of Criminal Procedure, 1898
2

3

261

4

5

6

(a) Isqat-i-Hamal
with
consent.

Ditto

Ditto

Ditto

Ditto

(b) Isqat-i-Hamal
with
out consent.

Ditto

Ditto

Ditto

Ditto

lsqat-i-janin

Ditto

Ditto

Ditto

Ditto

7
previous convict,
habitual or
hardened,
desperate or
dangeroud
criminal or if the
committed by him
in the name or on
the pretext of karo
kari, siyah kari or
similar other
customs or
practices.]
Imprisonment of
either
description for 3
years and
punishment
provided for the
kind of hurt or
death if caused.
Imprisonment of
either
description for 3
to 10 years and
punishment
provided for the
kind of hurt or
death if caused.
Diyat, tazir and
imprisonment of
either
description for 7
years and
punishment

8

Ditto

Ditto

Court of
Session
or Magistrate
of
first Class.

262

The Code of Criminal Procedure, 1898
1

2
3
4
5
6

3

4

5

6

OF WRONGFUL RESTRAINT & WRONGFUL CONFINEMENT
Summons
Bailable
Ditto

341

Wrongfully restraing
any person

Ditto

342

Wrongfully
confining
any person

Ditto

Ditto

Ditto

Ditto

343

Wrongfully
confining
for three or more
days

Ditto

Ditto

Ditto

4[Compounda

Wrongfully
confining
for ten or more days

Ditto

344

1

2

[Ss. 555-559]

Subs.
Subs.
Subs.
Subs.
Subs.
Subs.

by
by
by
by
by
by

Ditto

Ditto

ble when
permission
is given by
the court
before
which a
prosecution
is pending.
6[Not compoundable

7
provided for the
kind of hurt or
death if caused.

8

Simple
imprisonment
for 1 month or
fine of 1[1,500
rupees or both.
Imprisonment of
either
description for 1
year, or with fine
of 3[3,000 rupees,
or with both .
Imprisonment of
either
description for 5[3
years] or with
fine, or with both

2[Any

Imprisonment of
either
description for 3

Magistrate of
First or
second

Ord. LXXXVI of 2002.
Law Reforms Ordinance, 1972. Item 210 (vii).
Ord. LXXXVI of 2002.
the Code of Criminal Procedure (Amdt). Act, 1923 (18 of 1923 (18 of 1923), S. 159, for the original entry.
Ord. III of 1980, dated 3-2-1980.
the Code of Criminal Procedure (Amdt). Act, 1923.

judicial
Magistrate

Magistrate of
First or
second
Class.

Ditto

[Ss. 196-197]
1

2

3

263

4

5

6

345

Keeping a person in
wrongful
confinment
knowing that a writ,
has been issued for
his
liberation

Shall not arrest
without warrant

Ditto

Ditto

Ditto

346

Wrongful
confinement
in secret

May arrest
without warrant

Ditto

Ditto

1[Compounda

Wrongful
confinement
for the purpose of
extorting property or
constraining to an
illegal act.
Wrongful
confinement
for the purpose of
extorting confession
or
information or
compelling for
restoration of

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

347

348

1

The Code of Criminal Procedure, 1898

Subs. by the Code of Criminal Procedure (Amdt). Act, 1923.

ble when
permission
is given by
the court
before
which a
prosecution
is pending.
Compounda
ble

Ditto

7
years, and fine .
Imprisonment of
either
description for 2
years, in
addition to
imprisonment
under any other
section.
Ditto

8
Class.
Ditto

Ditto

Imprisonment of
either
description for 3
years, and fine .

Magistrate of
First or
second
Class.

Ditto

Magistrate of
First Class.

264

The Code of Criminal Procedure, 1898
1

2

3

[Ss. 555-559]

4

5

6

7

8

property
Assault or use of
criminal force
otherwise
than on grave
provocation

Shall not arrest
without warrant

Ditto

353

Assault or use of
criminal force to
deter public servant
from
discharge of his
duty.
Assault or use of
criminal force to
woman with intent
to
outrage her
modesty.
Assault or use of
criminal force to
woman and
stripping
her of her clothes
Assault or criminal
force with intent to
dishonour a person,
otherwise than on
grave and sudden

May arrest
without warrant

Warrant

Ditto

Not compoundable

Ditto

Ditto

Ditto

Ditto

Ditto

Shall not arrest
without warrant

Summons

354

3354-A

355

1
2
3

Of Criminal Force and Assault
Ditto

352

Subs. by Ord. LXXXVI of 2002.
Subs. by Law Reforms Ordinance, 1972.
Added by Ord., XXIV of 1984.

Ditto

Imprisonment of
either
description for 3
months, and fine
of 1[1,500 rupees or
both .
Imprisonment of
either
description for 2
years or fine or
both .

2[Any

judicial
Magistrate

Ditto

Ditto

Ditto

Not bailable

Ditto

Death or
imprisonment
for life, and fine

Court of
Session

Bailable

Compounda
ble

Imprisonment of
either
description for 2
years, or fine or
both .

Magistrate of
First or
second
Class.

Magistrate of
First or
second
Class.

[Ss. 196-197]
1

2
provocation.
Assault or criminal
force in attempt to
commit theft of
property worn or
carried by a person.
Assault or use of
criminal force in
attempting
wrongfully
to confine person.

356

357

358

1
2
3
4
5
6
7
8

The Code of Criminal Procedure, 1898

Assault or use of
criminal force on
grave and sudden
provocation.

363

Kidnapping

364

Kidnapping or
abducting in order to
murder

Subs.
Subs.
Subs.
Subs.
Subs.
Subs.
Ibid.
Subs.

by
by
by
by
by
by

3

4

5

6

7

8

May arrest
without warrant

Warrant

Not bailable

Not compoundable

Ditto

1[Any

Ditto

Ditto

Bailable

2[Compounda

Imprisonment of
either
description for 1
year, or fine of
3[3,000 rupees or
both .
Simple
imprisonment
for 1 month or
fine of 4[600
rupees or both.

Ditto

Imprisonment of
either
description for 7
year, or fine.
8[Imprisonment
for life] or
rigorous

Court of
Session 6** or
Magistrate of
first Class.
Court of
Session

Shall not arrest
without warrant

Summons

ble when
permission is given
by the court before
which a prosecution
is pending.
Compounda
ble

Ditto

Of Kidnapping, Abduction, Slavery and Forced Labour
5[Not Bailable]
May arrest
Warrant
Not compouwithout warrant
ndable

Ditto

Ditto

Law Reforms Ordinance, 1972.
the Code of Criminal Procedure (Amdt). Act, 1923.
Ord. LXXXVI of 2002.
Ord. LXXXVI of 2002.
Ord., (XXXIII of 1969).
the Code of Criminal Procedure (Amdt). Act, 1923.

by Act XXV of 1974.

265

7[Not

bailable]

Ditto

judicial
Magistrate]

Ditto

266

The Code of Criminal Procedure, 1898
1

2

1[364-A

365

3365-A

5[365B

1
2
3
4
5

3

[Ss. 555-559]

4

5

6

Kidnapping or
abducting a person
under the age of
2[fourteen]

Ditto

Ditto

Ditto

Ditto

Kidnapping or
abducting with
intent secretly and
wrongfully
to confine person
Kidnapping or
abducting for
extorting property,
valuable
security, etc or
compelling any
person……….
Kidnapping or
abducting or
inducing woman to
compel for marriage

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

7
imprisonment
for 10 years and
fine.
Death or
imprisonment
for life or rigorous
imprisonment
for a term which
may extend to
14 years and
shall not be less
than 7 years.
Imprisonment of
either
description for 7
year, or fine.
4[Imprisonment

for life and
forfieture of
property.

Ditto

Ditto

Ditto

Ditto

Inst. by Act No. VI of 1973.
Subs. by Act III of 1990.
Subs. by Act XXV of 1974.
Inst by Ord., XIV of 1990.
Inst. the Protection of Women (Criminal Laws Amendment) Act (VI of 2006), dated 2nd December, 2006.

Imprisonment for
life and fine.

8

Ditto

Court of
Session
or Magistrate
of first Class.
Court of
Session

Court of
Session.

[Ss. 196-197]
1
366

1[366-A

366-B

367

2[367A

368

369

1
2

The Code of Criminal Procedure, 1898

2
etc.
Kidnapping or
abducting a woman
to compel her
marriage or to cause
her defilement, etc.
Procuration of minor
girl
Importation of girl
from
foreign country
Kidnapping or
abducting in order to
subject person to
grievous hurt,
slavery, etc.
Kidnapping or
abducting in order to
subject person to
unnatural lust.
Concealing or
keeping in
confinement,
kidnapped or
abducted person
Kidnapping or
abducting child with
intent to take
property
from the person of

3

267

4

5

6

7

8

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 10 years, and
fine.

Court of
Session.

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto]

Ditto

Ditto

Ditto

Ditto

Death or rigorous
imprisonment,
which may extend
to twenty-five
years and fine.
Punishment for
kidnaping or
abduction.

Ditto

Ditto

Ditto

Ditto

Inst. by the Indian Penal Code (Amdt). Act, 1923.
Inst. the Protection of Women (Criminal Laws Amendment) Act (VI of 2006), dated 2nd December, 2006.

Imprisonment of
either
description for 7
year, or fine.

Court of
Session
or Magistrate
of first Class.
Ditto

268

The Code of Criminal Procedure, 1898
1
370

371

3
4

4

5

6

7

8

Shall not arrest
without warrant

Ditto

Bailable

Ditto

Ditto

Court of
Session.

May arrest
without warrant

Ditto

Not bailable

Ditto

1[Imprisonment

Ditto

Selling person for
purpose of
prostitution, etc.

Ditto

Ditto

Ditto

Ditto

3[371B

Buying person for
purpose of
prostitution, etc.

Ditto

Ditto

Ditto

Ditto

372

Selling or letting to
hire a minor for
purposes
of
prostitution, etc.
Buying or obtaining
possession of a
minor for the same
purposes.
Unlawful
compulsory labour.

May
without
warrant.

Warrant

Not bailable

Not compoundable.

Ditto

Ditto

Ditto

Ditto

May arrest
without –
warrant.]

Ditto

Not Bailable

Not
Compoundable.

4374

2

3

2[371A

373

1

2
this child.
Buying or disposing
of
any person as a slave
Habitual dealing in
slaves

[Ss. 555-559]

arrest

Subs. by Act XXV of 1974, w.e.f. 13.4.1972.
Inst. the Protection of Women (Criminal Laws Amendment) Act (VI of 2006), dated 2nd December, 2006.
Inst. the Protection of Women (Criminal Laws Amendment) Act (VI of 2006), dated 2nd December, 2006.
Subs. by Ord. XXXIII of 1969.

for life] or
imprisonment of
either
description for
10 year, or fine.
Imprisonment
which may extend
to twenty-five
years and fine.
Imprisonment
which may extend
to twenty-five
years and fine.
Imprisonment of
either description
for 10 years, and
fine.
Ditto

Imprisonment of
either description
for 5 year, or fine,

Ditto

Ditto

Court
of
Session,
or
Magistrate of
the first class,
Ditto

Any Judicial
Magistrate.

[Ss. 196-197]
1

The Code of Criminal Procedure, 1898
2

3

269

4

5

6

7

8

or both.
1[Of

1
2
3

2[376

Rape.

May arrest
without warrant

Warrant

Rape]
Not bailable

377

Unnatural Of lences.

May
without
warrant.

Warrant

Of Unnatural Offences
Not bailable

379

Theft

380

Theft in a buildwithout warranting,
tent or vessel.

arrest

Not compoundable

Death or
imprisonment not
less than ten years
or more than
twenty-five years
and fine.
Death or
imprisonment for
life, if the offence
committed by two
or more persons in
furtherance of
common intention.

Court of
Session.

Not
compoundable.-

3[Imprisonment

for
life] or imprisonment of either
description for 10
years, and fine.

Court
of
Session,
or
Magistrate of
the first class.

Imprisonment of
either description
for 3 years, or fine,
or both.
Imprisonment of
either description
for 7 years and
fine.

Any Judicial
Magistrate.

CHAPTFR XVII.-OFFENCES AGAINST PROPERTY OF THEFT
May
arrest Warrant
Not bailable
Not compoundable.
without warrant

Ditto

Ditto

Ditto

Ditto

Inst. the Protection of Women (Criminal Laws Amendment) Act (VI of 2006), dated 2nd December, 2006.
Inst. the Protection of Women (Criminal Laws Amendment) Act (VI of 2006), dated 2nd December, 2006.
Subs. by Act XXV of 1974, w.e.f. 13.4.1972.

Ditto

270

The Code of Criminal Procedure, 1898
1

381

2

3
4

3

4

5

6

7

Ditto

Ditto

Ditto

Ditto

Ditto

1[381A

Theft of a car or
other motor vehicle.

May arrest
without warrant

Warrant

Not bailable

Not compoundable

Imprisonment of
either description
of 7 years or fine.

382

Theft,
preparation
having been made
for causing death, or
hurt, or restraint, or
fear of death, or of
hurt or of restraint,
in order to the
committing of such
theft, or to retiring
after committing it,
or
to
retaining
property taken by it.

May
without
warrant.

arrest

Warrant

Not bailable.

Not compoundable.

Rigorous
imprisonment for
10 years, and fine

2[384

Extortion

Shall not arrest
without
warrant-

Warrant

Not compoundable.

Ditto

Ditto

Imprisonment of
either description
for 3 years, or fine,
or both.
Imprisonment of

4[385

1

2
Theft by clerk or
servant of property
in possession of
master or employer.

[Ss. 555-559]

Putting or

Of Extortion
Bailable

Ditto

Ditto

8
Court
of
Session,
or
Magistrate he
first
or
second class.
Court of
Session, or
Magistrate he
first class.
Court
of
Session,
or
Magistrate of
the first class.

3[***]

Magistrate of
the first or
second class.
Ditto

Inst. by Act I of 1996.
This item has been amended in its application to the Province of Sind by the Code of Criminal Procedure (Sind Amdt.) Act, 1950) so as to
substitute words “May arrest without warrant” in Col. 3.
Omitted by Ord., XX of 1972.
This item has been amended in its application to the Province of Sind by the Code of Criminal Procedure (Sind Amdt.) Act, 1950) so as to
substitute words “May arrest without warrant” in Col. 3.

[Ss. 196-197]
1

1[386

2[387

388

389

1

2

3
4

The Code of Criminal Procedure, 1898

2
attempting to put in
fear of injury, in
order to commit
extortion.
Extortion by putting
a person (in fear of
death or grievous
hurt.
Putting or attempting to put a
person in fear of
death or grievous
hurt in order to
commit extortion.
Extortion by threat
of accusation of an
offence punishable
with death,
3[Imprisonment for
life] or
imprisonment for 10
yeas.
If the offence
threatened be an
unnatural offence.
Putting a person in
fear of accusation of

3

271

4

5

6

7
either description
for 2 years, or fine,
or both.

8

Imprisonment of
either description
for 10 years, and
fine.
Imprisonment of
either description
for 7 years, and
fine.

Court
Session.

Ditto

Ditto

Not bailable.

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Bailable.

Ditto

Imprisonment of
either description
for 10 years and
fine.

Ditto

Ditto

Ditto

Ditto

Ditto

4[Imprisonment

for

Ditto

Imprisonment of
either description

Ditto

of

Ditto

life]
Ditto

Ditto

Ditto

Ditto

This item has been amended in its application to the Province of Sind by the Code of Criminal Procedure (Sind Amdt.) Act, 1950) so as to
substitute words “May arrest without warrant” in Col. 3.
This item has been amended in its application to the Province of Sind by the Code of Criminal Procedure (Sind Amdt.) Act, 1950) so as to
substitute words “May arrest without warrant” in Col. 3.
Subs. by Act XXV of 1974, w.e.f. 13.4.1972.
Subs. Act LVII of 1972.

272

The Code of Criminal Procedure, 1898
1

392

393

394

395

1
2
3
4

2
offence punishable
with death,
1[imprisonment for
life] or with
imprisonment for 10
years, in order to
commit extortion.
If the offence be an
unnatural offence.

3

[Ss. 555-559]

4

Ditto

Ditto

5

2[Ditto]

6

Ditto

7
for 10 years, and
fine.

3[Imprisonment

for

8

Ditto

life]

Robbery

May
without
warrant.

arrest

Warrant

If committed on the
highway
between
sunset and sunrise.
Attempt to commit
robbery.

Ditto

Ditto

Ditto

Person voluntarily
causing hurt in
committing or at
tempting to commit
robbery, or any other
person jointly
concerned in such
robbery.
Datcoity

Of Robbery and Dacoity
Not bailable.

Not compoundable.

Rigorous
imprisonment for
10 years, and fine.

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Rigorous
imprisonment for
14 years, and fine.
Rigorous
imprisonment for 7
years, and fine.
4[imprisonment for
life] or rigorous
imprisonment for
10 years, and fine.

Ditto

Ditto

Ditto

Ditto

Ibid.
For the words “bailable” word “Ditto” subs. by Act LVII of 1973.
Subs. by Act LVII of 1973.
Subs. by Act XXV of 1974, w.e.f. 13.4.1972.

Ditto

Court
of
Session,
or
Magistrate of
the first class
Ditto

Ditto

Ditto

Court

of

[Ss. 196-197]
1
396

The Code of Criminal Procedure, 1898
2

Murder in dacoity.

3
Ditto

273

4
Ditto

5
Ditto

6
Ditto

7
Death,
1[imprisonment

397

398

399

400

401

402

1
2

Ibid.
Ibid.

Robbery or dacoity,
with attempt to
cause death or
grievous hurt.
Attempt to commit
robbery or dacoity
when armed with
deadly weapon.
Making preparation
to commit dacoity.

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Belonging to a gang
of persons associated
for the purpose of
habitually committing dacoity.
Belonging to a
wandering gang of
persons associated
for the purpose of
habitually
committing thefts.
Being one of five or
more persons
assembled for the

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

for
life] or rigorous
imprisonment for
10 years, and fine.
Rigorous
imprisonment for
not less than 7
years.
Ditto

8
Session.
Ditto

Ditto

Ditto

Rigorous
imprisonment for
10 years, and fine.
2[imprisonment for
life] or rigorous
imprisonment for
10 years, and fine.

Ditto

Ditto

Rigorous
imprisonment for 7
years, and fine.

Court
of
Session,
Magistrate of
the first class.

Ditto

Ditto

Court
Session.

Ditto

of

274

The Code of Criminal Procedure, 1898
1

3
4
5

4

5

6

7

8

Imprisonment of
either description
for 2 years, or fine,
or both.

Any Judicial
Magistrate.

Imprisonment of
either description
for 3 years, and
fine.

2[***]

Ditto

3[Imprisonment

of
either description
for 7 years, and
fine.]

4Court

Not compoundable

Imprisonment

1[***]

Dishonest
misappropriation of
moveable property,
or converting it to
one's own use.

Shall not arrest
warrant.-

404

Dishonest
misappropriation of
property, knowing
that it was in
possession of a
deceased person at
his death, and that it
has not since been in
the possession of any
person legally entitled to it.
If by clerk or person
employed by
deceased.

Ditto

Of Criminal Misappropriation of Property
1[Compoundable
Warrant
Bailable
when permission is
given by the Court
before which the
prosecution
is
pending.]
Ditto
Ditto
Not compoundable.

Ditto

Ditto

406

2

3

403

5*

1

2
purpose of
committing dacoity.

[Ss. 555-559]

*

*
*
Criminal breach or

*
May

*
arrest

*
Warrant

Ditto

*

*
Not bailable.

Court
of Session, or
Magistrate of
the first or
second class

of
Session,
or
Magistrate of
the first or
second class.

*

Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (I8 of 1923), s. 159, for the original entry.
Words “Court of Session” or omitted by law Reforms Ord., 1972.
Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923, S. 159, for the original entry.
Subs. by Ord., XII of 1972.
Figure “405” rep. by Act XVIII of 1923.

of

[Ss. 196-197]
1

The Code of Criminal Procedure, 1898
2

407

Criminal breach of
trust by a carrier,
wharfinger, etc.

Ditto

Ditto

Ditto

Ditto

408

Criminal breach of
trust by a clerk or
servant.

Ditto

Ditto

Ditto

Ditto

7
either description
for 1[3] years, or
fine, or both.
Imprisonment of
either description
for 7 years, and
fine.
Ditto

409

Criminal breach of
trust by public
servant or by banker,
merchant or agent,
etc.

Ditto

Ditto

Ditto

Ditto

3[Imprisonment

411

Dishonestly
receiving
stolen
property, knowing it
to be stolen.
Dishonestly
receiving
stolen
property, knowing
that it was obtained
by dacoity.

May
without
warrant.

trust.

412

2
1
3
4
5

3
without
warrant.

275

4

arrest

May
arrest
without warrant

5

6

Of the Receiving of Stolen Property
Warrant
Not bailable.
Not compoundable

Warrant

Words “Court of Session or” omitted by law Reform Ord., 1972.
Sentence enhanced to 7 years by Ord., XXXIII of 1981.
Subs. by Act XXV of 1974, w.e.f. 13.4.1972.
Words “Court of Session or” omitted by law Reform Ord., 1972.
Subs. by Act XXV of 1974, w.e.f. 13.4.1972.

Not bailable

Not compoundable

for
life]
or
imprisonment of
either description
for 10 years, and
fine.
Imprisonment of
either description
for 3 years, or fine,
or both.
5[Imprisonment for
life] or rigorous
imprisonment for
10 years, and fine.

8
Magistrate of
the first or
second class.
Court
of
Session,
or
Magistrate of
the first class.
Court
of
Session.
or
Magistrate of
the first or
second class.
Court
of
Session,
or
Magistrate of
the first class.

4[Magistrate

of the first or
second class.
Court
Session

of

276

The Code of Criminal Procedure, 1898
1

413

2
3
4

3

4

5

Ditto

Ditto

Ditto

Ditto

Ditto

Assisting
in
concealment
or
disposal of stolen
property, knowing it
to be stolen.

Ditto

Ditto

417

Cheating

Shall not arrest
without
warrant.

Warrant

418

Cheating. a person
whose interest the
offender was bound,
either by law or by
legal contract, to
protect.
Cheating by
personation.

Ditto

Ditto

Ditto

May arrest
without
warrant.-

Ditto

3[Not

Subs.
Subs.
Subs.
Subs.

by
by
by
by

6

Ditto

414

419

1

2
Habitually dealing
in stolen

[Ss. 555-559]

Of Cheating
Bailable

bailable]

Compoundable
when given by the
court before which
the prosecution is
pending.
2[Compoundable.
when permission is
given by the Court
before which the
prosecution
is
pending.]
4[Compoundable
when permission is
given by the Court
before which the
prosecution
is
pending.]

Act XXV of 1974, w.e.f. 13.4.1972.
the Code of Criminal Procedure (Amdt.) Act, 1923, S. 159, for the original entry.
Ord., XXXII of 1981, S. 3(b).
the Code of Criminal Procedure (Amdt.) Act, 1923, S. 159, for the original entry.

7
1[Imprisonment

8

for
life]
or
imprisonment of
either description
for 10 years, and
fine.
Imprisonment
description for 3
years or fine or
both.

Ditto

Imprisonment of
either description
for 1 year, or
permission is fine,
or both.
Imprisonment of
either description
for 3 years, or fine,
or both.

Magistrate of
the first or
second class.

Ditto

Ditto

Magistrate of
the first or
second class.

Magistrate of
the first or
second class.

[Ss. 196-197]
1
420

421

422

423

424

1

The Code of Criminal Procedure, 1898

2
Cheating and
thereby dishonestly
inducing delivery of
property, or the
making, alteration or
destruction of a
valuable security.
Fraudulent removal
or concealment of
property, etc., to
prevent distribution
among creditors.
Fraudulently
preventing from
being made available
for his creditors a
debt or demand due
to the offender.
Fraudulent
execution of deed of
transfer containing a
false statement of
consideration.
Fraudulent removal
or
concealment
petty, of him sell; or
and other person, or
assisting
in
the
doing thereof, or
dishonestly releasing
demand or claim to

3
Ditto

277

4
Ditto

5
Ditto

6
1[Compoundable

when permission is
given by - before
which
the
prosecution
is
pending.
Of Fraudulent Deeds and Disposition of Property
Shall not arrest Warrant
Bailable
Not
without
Compoundable.warrant.

7
Imprisonment of
either description
for 7 years, and
fine.

8
Court
of
Session,
or
Magistrate of
the first class.

Imprisonment of
either description
for 2 years, or fine
or both.

Magistrate of
the first or
second class.

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923, S. 159, for the original entry.

278

The Code of Criminal Procedure, 1898
1

3

4

5
Of Mischief
Bailable

6

7

8

Imprisonment of
either description
for 3 months, or
fine, or both.

Any
Magistrate.

Imprisonment of
either description
for 2 years, or fine,
or both

Magistrate of
the first or
second class.

426

Mischief

Shall not arrest
without
warrant.

Summons

427

Mischief, and
thereby causing
damage to the
amount of 50 rupees
or upwards.
Mischief by killing,
poisoning, maiming
or rendering use less
any animal of the
value of 10 rupees or
upwards.Mischief by killing,
poisoning, maiming
or rendering useless
any elephant, camel,
horse, etc., whatever
may be its value or
any other animal of
the value of 50
rupees or upwards,
Mischief by causing
diminution of supple
of water for
agricultural
purpose,, etc.

Ditto

Ditto

Ditto

Compoundable.
When the only loss
or damage caused
is loss or damage to
a private person.
Ditto

May arrest
without
warrant.

Ditto

Ditto

Not compoundable.

Ditto

Ditto

Warrant

Bailable

Not compoundable.

Imprisonment of
either description
for 5 years, or fine,
or both.

Court of
Session,
Magistrate of
the first or
second class.

Ditto

Ditto

1[Compoundable

Ditto

Ditto

428

429

430

1

2
which he is entitled.

[Ss. 555-559]

May
without
warrant.

Ditto

Subs. by Ord., XXXII of 1981, S. 3(b0

arrest

when permission is
given by the Court
before which the
prosecution
is

[Ss. 196-197]
1
431

2
Mischief by injury to
public road, bridge,
navigable river, or
navigable channel,
and considering it
impassable or less
safe for travelling or
conveying property.
Mischief by causing
inundation or
obstruction to public
drain age, attended
with damage.
Mischief by
destroying or
moving or rendering
less useful a
lighthouse or
sea-mark, or by
exhibiting false
lights.
Mischief by
destroying or
moving, etc, a landmark fixed by public
authority.
Mischief by fire or
explosive substance
with intent to cause
damage to amount
of 100 rupees or up-

432

433

434

435

1

The Code of Criminal Procedure, 1898

Ibid.

3

279

4

5

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Shall not arrest
without
warrant.

May arrest
without
warrant.

6
pending.]
1[Not
compoundable.]

7

8

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 7 years, or fine,
or both.

Court of
Session.

Ditto

Ditto

Ditto

Imprisonment of
either description
for 1 year, or fine,
or both.

Magistrate of
the first or
second class

Ditto

Ditto

Ditto

Imprisonment of
either description
for 7 years, and
fine.

Court of
Session, or
Magistrate of
the first class.

280

The Code of Criminal Procedure, 1898
1

436

437

May
without
warrant.

4

arrest

5

6

warrant

Not bailable

Not compoundable.

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

440

Mischief committed
after
preparation
made for causing
death, or hurt, etc.

Ditto

Ditto

Ditto

Ditto

447

Criminal trespass

May

439

2

3

Mischief with intent
to destroy or make
unsafe a decked
vessel or a vessel of
20 tons burden.
The mischief
described in the last
section when
committed by fire or
any explosive substance.
Running vessel
ashore with intent to
commit theft, etc.

438

1

2
wards, or, in case of
agricultural produce,
10 rupees or upwards.
Mischief by fire Or
explosive
substance
with
intent to destroy,
a house, etc.

[Ss. 555-559]

arrest

Subs. by Act XXV of 1974, w.e.f. 13.4.1972.
Ibid.

Summons

Of Criminal Trespass
Bailable

Compoundable.

7

1[Imprisonment

8

for
life] or
imprisonment of
either description
for 10 years, and
fine
Imprisonment of
either description
for 10 years, and
fine.

Court of
Session.

2[Imprisonment

for
life] or
imprisonment of
either description
for 10 years, and
fine.
Imprisonment of
either
description for 10
years, and fine.
Imprisonment of
either description
for 5 years, and
fine.

Ditto

Imprisonment of

Any Judicial

Ditto

Ditto

Court
of
Session,
or
Magistrate of
the class.

[Ss. 196-197]
1

2

3
4

4

5

6

7
either description
for 3 months, or
fine of 1[1,500
rupees] or both.
Imprisonment of
either
description for one
year or fine of
2[3,000 rupees] or
both.
3[Imprisonment for
life] or rigorous
imprisonment for
10 years, and fine.

8
Magistrate.

House-trespass.

Ditto

Warrant

Ditto

Ditto

449

House-trespass in
order to the
commission of an
offence punishable
with death.
House-trespass in
order to the
commission of an
offence punishable
with transportation
for life.
House-trespass in
order to the
commission of
offence punishable
with
imprisonment.

Ditto

Ditto

Not bailable.

Not compoundable.

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 10 years, and
fine.

Ditto

Ditto

Ditto

Bailable

4[Compoundable

Imprisonment of
either description
for 2 years,
permission and
fine.

Any Judicial
Magistrate.

451

2

3
without
warrant.

281

448

450

1

The Code of Criminal Procedure, 1898

Subs.
Subs.
Subs.
Subs.

by
by
by
by

when given by the
Court before
whichc the
prosecution is
pending.]

Ord. LXXXVI of 2002.
Ord. LXXXVI of 2002.
Act XXV of 1974, w.e.f. 13.4.1972.
the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 159, for the original entry.

Ditto

Court
Session.

of

282

The Code of Criminal Procedure, 1898
1

452

453

454

455

1
2
3

[Ss. 555-559]

2
If the offence is
theft.

3
May
arrest
without
warrant.

4
Warrant

compoundable.]

7
Imprisonment of
either description
for 7 years and
fine.

House trespass,
having made
preparation for
causing hurt,
assault, etc.
Lurking house
trespass or
house-breaking.

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 2 years, and
fine.
Imprisonment of
either description
for 3 years. and
fine.

Lurking housetrespass or
house-breaking in
order to the
commission of an
offence punishable
with
imprisonment.
If the offence is
theft.

Ditto

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 10 years, and
fine.

Lurking
house-trespass or
house-breaking

Ditto

Ditto

Ditto

Ditto

Ditto

Ibid.
Words “Court of Session or” omitted by law Reform Ord., 1972.
Subs. by Ord., XII of 1972.

5
Not bailable.

6
1[Not

8
Court
of
Session,
or
Magistrate of
the first or
second class.
Ditto

Magistrate of
the first or
second class.
2[***]

Magistrate of
the first or
second class.

3[Court

of
Session
of
Magistrate of
the first or
second class.]
Court
of
Session
or
Magistrate of

[Ss. 196-197]
1

456

457

458

459

1
2
3

The Code of Criminal Procedure, 1898

2
after preparation
made for causing
hurt, assault, etc.,
Lurking
house-trespass
house-breaking by
night.
Lurking
house-trespass or
house breaking by
night in order to
the commission of
an offence punishable with imprisonment.
If the offence is
theft.

Lurking
house-trespass or
house-breaking by
night, after
preparation for
causing hurt, etc.
2[Hurt] caused
whilst committing
lurking house
trespass - or

3

283

4

5

6

7

8
the first class.

Imprisonment of
either description
for 3 years, and
fine.
Imprisonment of
either description
for 5 years, and
fine.

Magistrate of
the first or
second class

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 14 years, and
fine
Ditto

Ditto

Ditto

Ditto

Ditto

3[Imprisonment

Subs. by Ord., XII of 1972.
Subs. by Ord., XII of 1972.
Subs. by Act XXV of 1974, w.e.f. 13.4.1972.

for
life]
or
imprisonment of
either description

1[Court

of
Session
or
Magistrate of
the
first
class.]

Ditto

Court
of
Session,
or
Magistrate of
the first class.

Court
Session

of

284

The Code of Criminal Procedure, 1898
1

2
house-breaking.

460

2[Qatl

or
hurt]
caused by one of
several
persons
jointly concerned
house breaking by
night, etc.

May
without
warrant.

461

Dishonestly
Breaking open or
unfastening any
closed receptacle
containing or supposed to contain
property.
Being entrusted
with any closed

462

1
2
3
4

3

Subs.
Subs.
Subs.
Subs.

by
by
by
by

Act
Act
Act
Act

[Ss. 555-559]

4

arrest

5

6

Warrant

Not bailable

Not compoundable

Ditto

Ditto

Bailable

Ditto

Ditto

Ditto

Ditto

Ditto

XXV of 1974, w.e.f. 13.4.1972.
II of 1997.
XXV of 1974, w.e.f. 13.4.1972.
XXV of 1974, w.e.f. 13.4.1972.

7
for ten years, and
fine. 1[and shall
also be liable to all
kinds
of
Qatl
committed by him
or hurt caused or
attempted
to
cause]
3[Imprisonment for
life] or
imprisonment of
either description
for ten years, and
fine. 4[and shall
also be liable to all
kinds of Qatl
committed by him
or hurt caused or
attempted to
cause]
Imprisonment of
either description
for 2 years, or fine,
or both.

Imprisonment of
either description

8

Court of
Session.

Magistrate of
the first or
second class.

Magistrate of
the first or

[Ss. 196-197]
1

2
receptacle
containing or supposed to contain
any property, and
fraudulently
opening the same.

3

285

4

5

6

1Chapter XVII A
OFFENCES RELATING TO OIL AND GAS
arrest Warrant
Not bailable
Not compoundable

462B

Tampering
with
Petroleum
Pipelines etc.

May
without
warrant.

462C

Tampering
auxiliary
distribution
pipelines
petroleum

Ditto

Ditto

Ditto

Ditto

with
or
of

462D

Tampering
with
gas
meter
by
domestic
consumer, etc.

Shall not arrest
without
warrant.

Ditto

Bailable

Not compoundable

462E

Tampering
with
gas
meter
by
industrial
of
commercial
consumer, etc.
Damaging
or
destructing
the

May
arrest
without warrant

A warrant shall
ordinarily issue
in
the
first
instance

Not bailable

Ditto

Ditto

Ditto

Ditto

Not compoundable

462F

1

The Code of Criminal Procedure, 1898

.

nd

Inserted new chapter by Criminal Law Amendment Act, No. XX dated 2 December 2011

7
for 3 years, or fine,
or both.

8
second class.

Rigorous
imprisonment for
14 years but not
less than 7 years
and fine upto 10
million rupees.
Rigorous
imprisonment for
10 years but not
less than 5 years
and fine upto 3
million rupees.
Imprisonment
upto 6 months or
fine
upto
100
thousand rupees or
both.
Imprisonment for
10 years but not
less than 5 years or
fine upto 5 million
rupees or both.
Rigorous
imprisonment for

Court
Sessions

of

Court
Sessions

of

Magistrate of
first class

Court
Sessions

of

Court
Sessions

of

286

The Code of Criminal Procedure, 1898
1

465

466

467

1
2

2
transmission
or
transportation lines
etc.

3

4

[Ss. 555-559]
5

6

7
14 years but not
less than 7 years
and fine not less
than 1 million
rupees.

CHAPTER XVIII
OFFENCES RELATING TO DOCUMENTS AND TO TRADE OR PROPERTY MARKS
Forgery
Shall not arrest Warrant
Bailable
Not compoundable
Imprisonment of
without
either description
warrant.
for 2 years, or fine,
or both.
Forgery of a record
Ditto
Ditto
Not bailable
Ditto
Imprisonment of
of a Court of Justice
either description
or of a Register of
for 7 years, and
Births, etc. kept by
fine.
a public servant.
1[Imprisonment for
Forgery of a
Ditto
Ditto
Ditto
Ditto
valuable security,
life]
or
will, or authority to
imprisonment of
make or transfer
either
any valuable securdescription for 10
ity, or to receive
years,
any money, etc.
and fine.
When the valuable
May arrest
Ditto
Ditto
Ditto
Ditto
security is a
without
warrant.
promissory note of
the 2[Central
Government].

Subs. by Act XXV of 1974, w.e.f. 13.4.1972.
Subs. by A. O., 1937, for "G. of I".

8

Magistrate of
the first class.

Court
Session.

Ditto

Ditto

of

[Ss. 196-197]
1
468

469

471

472

1
2
3
4

Subs.
Subs.
Subs.
Subs.

by
by
by
by

The Code of Criminal Procedure, 1898

287

2
Forgery for the
Purpose of
cheating.

3
Shall not arrest
without
warrant.

Forgery for the
purpose of
harming the
reputation of any
person, or knowing
that it is likely to be
used for that
purpose.
Using as genuine a
forged document
which is known to
be forged.

Ditto

Ditto

Bailable

Ditto

Shall not arrest
without warrant
-

Warrant

Bailable

Not compoundable.

Punishment
forgery of
document.

When the forged
document is a
promissory note of
the 2[Central
Government.
Making or
counterfeiting a
seal, plate, etc.,
with intent to
commit a forgery
punishable un der
section 467 of the

May arrest
without warrant.

Ditto

Ditto

Ditto

Ditto

Shall not arrest
without
warrant.-

Ditto

3[Not

Ditto

4[Imprisonment

Ord., XII of 1972.
A.O., 1937, for “G. of I.”
Ord., XII of 1992.
Act XXV of 1974, w.e.f. 13.4.1972.

4
Ditto

5
Ditto

6
Ditto

bailable]

7
Imprisonment of
either description
for 7 years, and
fine.
Imprisonment of
either description
for 3 years, and
fine.

for
such

for
life]
or
imprisonment of
either description
for 7 years, and
fine.

8
1[Magistrate

of the
class.]

first

Ditto

Same Court
as that by
which
the
forgery
is
triable.
Court
of
Session.

Ditto

288

The Code of Criminal Procedure, 1898
1

473

474

2
Pakistan Penal
Code, or possessing
with like intent any
such seal, plate etc.,
knowing the same
to be counterfeit.
Making or
counterfeiting a
seal, plate etc., with
intent to commit a
forgery punishable
otherwise than
under section 467
of the Pakistan
Penal Code, or
possessing with
like intent any such
seal, plate, etc.,
knowing the same
to be counterfeit.
Having possession
of a document,
knowing it to be
forged, with intent
to use it as genuine;
if the document is
one
of
the
description
mentioned
in
section 466 of the
Pakistan
Penal
Code.

3

[Ss. 555-559]

4

5

6

7

8

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 7 years and
fine.

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

[Ss. 196-197]
1

475

476

1
2

Ibid.
Ibid.

The Code of Criminal Procedure, 1898

2
If the document is
one of the
description
mentioned in
section 467 of the
Pakistan Penal
Code.
Counterfeiting
a
device or mark
used
for
authenticating
documents
described in section
467 of the Pakistan
Penal Code, or
possessing
counterfeit
marked
material.
Counterfeiting a
device or mark
used for
authenticating
documents other
than those described in section
467 of the Pakistan
Penal Code, or
possessing counterfeit marked material.

3

289

4

5

6

7

8

Ditto

Ditto

Ditto

Ditto

1[Imprisonment

for
life]
or
imprisonment of
either description
for 7 years, and
fine.

Ditto

Shall not arrest
without
warrant.

Warrant

Bailable

Not
compoundable.-

2[Imprisonment

for
life]
or
imprisonment of
either description
for 7 years, and
fine.

Court
Session.

Ditto

Ditto

Not bailable

Ditto

Imprisonment of
either description
for 7 years, and
fine.

Ditto

of

290

The Code of Criminal Procedure, 1898
1

477

477A

482

483

484

1
2
3
4

2
Fraudulently
destroying or
defacing or
attempting to
destroy or deface,
or secreting, a will
etc.
Falsification of
accounts.

Using a false trade
or property mark
with intent to
deceive or injure
any the Court
person.
Counterfeiting a
trade or property
mark used by
another, with intent
to cause damage or
in jury.
Counterfeiting a
property mark
used by a public
servant, or any

3

[Ss. 555-559]

4

5

6

7

8

Ditto

Ditto

Ditto

Ditto

1[Imprisonment

for
life]
or
imprisonment of
either description
for 7 years, and
fine.

Ditto

Ditto

Ditto

2[Bailable]

Ditto

3[Imprisonment

of
life]
or
either
description for 7
years, or fine, or
both.]

[Court
of
Session,
or
Magistrate of
the
first
class.]

4[Compoundable

Imprisonment of
either description
for 1 year, or fine,
or both.

Magistrate of
the first or
second class.

Shall not arrest
without
warrant.

Of Trade and Property Marks
Warrant
Bailable

when permission is
given by before
which the prosecution is pending.]

Ditto

Ditto

Ditto

Imprisonment of
either description
for 2 years, or fine,
or both.

Ditto

Ditto

Ditto

Summons

Ditto

Not compoundable.

Imprisonment of
either description
for 3 years, and
fine.

Magistrate of
the first class.

Ibid.
Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 159, for the original entry.
Ibid.
Ibid.

[Ss. 196-197]
1

485

486

487

1
2

Ibid.
Ibid.

The Code of Criminal Procedure, 1898

2
mark used by him
to denote the
manufacture,
quality, etc., of any
property.
Fraudulently
making or having
possession of any
die, plate or other
instrument
for
counterfeiting any
public or private
property
or
trade-mark.
Knowingly selling
goods marked with
a counterfeit
property or
trade-mark.
Fraudulently
making a false
mark upon any
package or
receptacle
containing goods,
with intent to cause
it to be believed
that it contains
goods which it
does not contain,
etc.

3

291

4

5

6

7

8

Shall not arrest
without
warrant.

Summons

Bailable

Not
Compoundable.

Imprisonment of
either description
for 3 years, or fine,
or both.

Magistrate of
the first class.

Ditto

Ditto

Ditto

1[Compoundable

Imprisonment of
either description
for 1 year or fine,
or both.

Magistrate of
the first or
second class.

Imprisonment of
either description
for 3 years, or fine,
or both.

or Magistrate
of he first or
second class.

Ditto

Ditto

Ditto

with permission of
the Court before
which the prosecution is pending.]
2[Not
compoundable.]-

292

The Code of Criminal Procedure, 1898
1

488
489

489A

489B

489C

489D

1
2
3

2
Making use of any
such false mark.
Removing,
destroying or
defacing any
property-mark
with intent to cause
injury.
Counterfeiting
currency-notes
bank-notes.

Using as genuine
forged or counterfeit
currency-notes or
bank notes.
Possession of
forged or
counterfeit
currency-notes or
bank notes.
Making or
possensing
instruments or
materials for
forging or

or

3

[Ss. 555-559]

Ditto

Ditto

Ditto

6
Not compoundable.

Ditto

Ditto

Ditto

Ditto

May
arrest
without
warrant.-

4

5

1[Of Currency-Notes and Bank-Notes]
Warrant
Not bailable.
Not compoundable.
-

7

8

Ditto

Ditto

Imprisonment of
either description
for 1 year, or fine,
or both.

Magistrate of
the first or
second class.

2[Imprisonment

of
life]
or
imprisonment of
either description
for 10 years, and
fine.
Ditto

Court
Session

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Bailable

Ditto

Imprisonment of
either description
for 7 years, or fine,
or both.

Ditto

May arrest
without warrant

Warrant

Not bailable.

Not compoundable.

3[Imprisonment

Court
Session.

This portion was ins. by the Currency Notes Forgery Act, 1899 (XII of 1899).
Subs. by Act XXV of 1974, w.e.f. 13.4.1972.
Ibid.

of
life]
or
imprisonment of
either description
for 10 years and

of

Ditto

of

[Ss. 196-197]
1

1[489E

2[489F

3[489F

4[489G

1
2
3

4

The Code of Criminal Procedure, 1898

2
counterfeiting
currency notes or
bank-notes.
Making or using
documents
resembling
currency notes or
bank-notes.
Counterfeiting or
using documents
resembling
National Prize
Bounds or
unauthorized sale
Dishonestly issuing
a cheque for
repayment of loan
etc.
Counterfeiting or
using documents
resembling Prize
Bonds or
unauthorized sale
et.c., thereof.

3

293

4

5

6

7

8

fine.

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 1 year, or fine,
or both.

Magistrate of
the first class.

Ditto

Ditto

Ditto

Ditto

Imprisonment of
either description
for 5 years, or fine
of 1,00,000 rupees
or both.

Court
of
Session
or
Magistrate of
the first class.

Ditto

Ditto

Ditto

Ditto

Magistrate of
the first class.

Ditto

Ditto

Ditto

Not compoundable

Imprisonment of
either description
for 3 years or with
fine, or with both.
Imprisonment for
seven years, and
fine.

Inst. by Act VIII of 1976.
Inst. by Ordi. LXXII of 1995.
Inst. by Ord. LXXXVI of 2002.
Inst. by Criminal Law (Amendment) Act, 2012 (XXIII of 2012),dated 6.12.2012.

Court
of
Sessions or
Magistrate of
first class.

294

The Code of Criminal Procedure, 1898

*
491

*
493

1
2
3

CHAPTER XIX.-CRIMINAL BREACH OF CONTRACTS OF SERVICE
*
*
*
*
*
*
*
*
Bailable
Compoundable.
Being bound to Shall not arrest Summons
attend
on
or without
supply the wants warrant.
of a person who is
helpless
from
youth, unsoundness of mind or
disease,
and
voluntarily
omitting to do so.
*
*
*
*
*
*
*
*
*
CHAPTER XX.-OFFENCES RELATING TO MARRIAGE
Not bailable
Not
A man by deceit Shall not arrest Warrant
compoundable.
causing a woman without
not
lawfully warrant
married to him to
believe that she is
law fully married
to him and to cohabit with him in
that belief.
May arrest
Warrant
Not bailable
Not
Cohabitation
without
compoundable
caused by a man
warrant.
deceitfully
inducting a belief
of lawful.
marriage.

*

1

3

[Ss. 555-559]

[493A

Imprisonment of
either description
for 3 months, or
2[600
fine
of
rupees] or both.

Magistrate of
the first or
second class.

Imprisonment of
either description
for 10 years, and
fine.

Court of
Session.

Rigorous
imprisonment
which
may
extend to twentyfive years and
fine.

Court
Session.

Entries relating to sections 490 and 492 rep. by the Federal Laws (Revisions and Declaration) Act, 1951 (XXVI of 1951).
Subs. by Ordinance LXXXI of 2002.
Inst. the Protection of Women (Criminal Laws Amendment) Act (VI of 2006), dated 2nd December, 2006.

of

[Ss. 196-197]
494

495

496

9

1
2
3
4
5
6
7
8
9

496A

The Code of Criminal Procedure, 1898

295
3[Compoundable
with Permission of
the Court ; before
which
the
prosecution
is
pending.]
6[Not
compoundable.]

Imprisonment of
either description
for 7 years, and
fine.

4[Court
of
Session,
or
Magistrate of
the first class.]

Imprisonment of
either description
for 10 years, and
fine.

7[Court
Session.]

Bailable
[Not bailable
N.W.F.P.]

Ditto

Imprisonment of
either description
for 7 years, and
fine.

Ditto

Not bailable

Not

Imprisonment of

Court

Marrying again
during the
lifetime of a
husband or wife.

1[Shall
not
arrest without
warrant]

Ditto

Bailable
[Not bailable
N.W.F.P.]

Same offence with
concealment
of
the
former
marriage from the
person
with
whom subsequent
marriage
is
contracted.
A person with
fraudulent
intention going
through the ceremony of being
married knowing
that he is not there
by law fully
married.
Enticing or taking

Ditto

Ditto

5

Ditto

Ditto

2

[Not Bailable]

8

May arrest

Warrant

Word “Ditto” subs. bythe Protection of Women (Criminal Laws Amendment) Act (VI of 2006), dated 2nd December, 2006.
NWFP Act XXVI of 1950.
Sub. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 159, for the original entry.
Ibid.
Subs. by Act LVII of 1973.
Sub. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 159, for the original entry.
Ibid.
NWFP Act XXVI of 1950.
Entries relating to sections 490 and 492 rep. by the Federal Laws (Revisions and Declaration) Act, 1951 (XXVI of 1951).

of

of

296

2
3
4

[Ss. 555-559]

away or detaining
with criminal
intent a woman.

without
warrant.

496B

Fornication

Shall not arrest
without
warrant.

Summons

Bailable

Not
compoundable

496C

False accusation
of Fornication

Shall not arrest
without
warrant

Summons

Bailable

Not
compoundable

497

Adultery

1[May
arrest
without
warrant.

Warrant

Bailable
2[Not
bailable
N.W.F.P.]

Compoundable.-

498

Enticing or taking
away or detaining
with a criminal
intent a married
woman.
Prohibition of
depriving woman
from inheriting

Ditto

Ditto

Ditto

Ditto

Shall not arrest
without
warrant

Warrant

Not bailable

Not
compoundable

4

1

The Code of Criminal Procedure, 1898

[498A

compoundable

Subs. by ord. XII of 1972.
NWFP Act XXVI of 1950.
Subs. by ord. XII of 1972.
Inserted new entries by Criminal Law Amendment) Act, 2011

either description
which
may
extend to seven
years and fine.
Imprisonment
which
may
extend to five
years and fine not
exceeding
ten
thousand rupees.
Imprisonment
which
may
extend to five
years and fine not
exceeding
ten
thousand rupees.
Imprisonment of
either description
for 5 years, or
fine, or both.
Imprisonment of
either description
for 3[3] years, or
fine, or both
Imprisonment of
either description
for a term which

Session
or
Magistrate of
the first class.
Magistrate of
the first class.

Magistrate of
the first class.

Court
of
Session
or
Magistrate of
the first class.
Magistrate of
the first or
second class.

Court of
sessions

[Ss. 196-197]

The Code of Criminal Procedure, 1898

297

property

498B

Prohibition of
forced marriages

Ditto

Ditto

Ditto

Ditto

498C

Prohibition of
marriage with the
Holy Quran

Ditto

Ditto

Ditto

Ditto

1[500

Defamation

Shall not arrest
without
warrant.

Warrant

Bailable

Compoundable.-

501

Printing or
engraving matter

Ditto

Ditto

Ditto

Ditto

may extend to ten
years but not be
less than five
years or with a
fine, of rupees
10,00,000/- or
both.”
Imprisonment of
either description
which may
extend to seven
years and but
shall not be less
than three years
and fine of rupees
500,000/Imprisonment of
either description
which may
extend to seven
years but shall
not be less than
three years and
fine of rupees
500,000/-

Court of
sessions or
magistrate of
first class

Ditto ]

CHAPTER XXI.-DEFAMATION

1

Subs. by the Act (IX of 2004), dt. 30.11.2004.

Simple
imprisonment for 2
years, or fine, or
both.
Imprisonment for 2
years, or fine, or

Court
Session,

Ditto

of

298

502

The Code of Criminal Procedure, 1898
knowing it to be
defamatory.
Sale of printed or
engraved substance
containing
defamatory matter,
knowing it to
contain such
matter.

504

Insult intended to
provoke a breach of
the peace.

505

False statement,
rumour, etc.
circulated with
intent to cause
mutiny or offence
against the public
peace.
Criminal
intimidation.

3506

If threat be to cause
death or grievous
hurt, etc.

1
2
3
4
5

[Ss. 555-559]
both.

Shall not arrest
without
warrant.

Warrant

Bailable

Compoundable

Simple
imprisonment for 2
years, or fine, or
both.

CHAPTER XXII.-CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE
Shall not arrest Warrant
Bailable
Compoundable.
Imprisonment of
without
either description
warrant. for 2 years, or fine,
or both.
1[May
2Imprisonment
arrest Ditto
Not bailable.
Not compoundable.
of
without
either description
warrant.]
for 7 years, or fine,
or both.

4[Shall not arrest
without
warrant]

Ditto

Bailable

Compoundable.

Ditto

Ditto

Ditto

Not compoundable.

Declared cognizable/non-bailable by No. Judl. 1-3(1)/69, dt. 14.3.69.
Ibid.
Ins. By Act Vi of 2006.
Subs. by Act VI of 1973, w.e.f. 28.7.1973. First part non-cognizable and bailable.
Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923, S. 159, for the original entry.

5Imprisonment

of
either description
for 2 years, or fine,
or both.
[Imprisonment of
either description
for 7 years, or fine,
or both.

Magistrate
of
the first class.

Any Magistrate.

Magistrate
of
the first class.

Magistrate
of
the
first
or
second class.]
Court
of
Session,
or
Magistrate
of
the first class.

[Ss. 196-197]
507

The Code of Criminal Procedure, 1898

299

Criminal
intimidation by
anonymous
communication or
having taken
precaution to
conceal whence the
threat comes.
Act caused by
inducing a person
to believe that he
will be rendered an
object of Divine
displeasure.

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

106

Uttering
any
word or making
any
gesture
intended to insult
the modesty of a
woman, etc.

Shall not arrest
without
warrant.

Warrant

Bailable

510

Appearing in a
Public place etc., in
a state of
intoxication, and
causing annoyance
to any person.

Ditto

Ditto

Ditto

[Compoundable.
when permission
is given by the
Court
before
which
the
prosecution
is
pending.]
107[Not
compoundable.]-

511

Attempting
to
commit
offences

According as
the offence is

508

1

509

[Compoundable

Imprisonment of
either description
for 2 years, in
addition to the
punishment under
above section.

Magistrate
of
the first class.

Imprisonment of
either description
for 1 year, or fine,
or both.

Magistrate
of
the
first
or
second class.

Simple
imprisonment
for1 year, or fine,
or both.

Magistrate of
the first class.

Simple
imprisonment for
24 hours, or fine
of 2[30 rupees] or
both.

Any
Judicial
Magistrate.

1[Imprisonment
or imprisonment

The Court by
which the

CHAPTER XXIII-ATTEMPTS TO COMMIT OFFENCES

1
2

According
as
the offence is

According
as
the
offence

Subs. by the Criminal Law (Amendment) Act (I of 2010), dated 2.2.2010.
Subs. by Ord., LXXXVI of 2002.

Compoundable
when the offence

300

The Code of Criminal Procedure, 1898

2
1
3
4
5

contemplated
by the offender
is bailable or
not.

punishable
with
1imprisonment
or
imprisonment, and
in such attempt
doing
any
act
Towards
the
commission of the
offence.

one in respect
of which the
police
may
arrest without
warrant or not.

one in Respect
of
which
a
summons
or
warrant
shall
ordinarily
issue.

If punishable with
death,
transportation
or
imprisonment for 7
years or upwards.
If punishable with
imprisonment
for 3 ears and
upwards, but less
than 7.

May
arrest
without
warrant.

Warrant

Not bailable.

Ditto

Ditto

Except in cases
5[the
under
Arms Act, 1878,
section
13],
which shall be
bailable.

4OFFENCES

Note:

[Ss. 555-559]
attempted is
compoundable.-

not exceeding half
of the longest
term, and of any
description
provided for the
offence,- or fine,
3[daman] or both.

offence
attempted is
triable.

Not
compoundable.

Ditto

Court
Session.

Ditto

Ditto

Magistrate of
the first class.

AGAINST OTHER LAWS

of

Although through Act LII of 1973 i.e. West Pakistan Arms “Amendment Act, 1973 the punishment under section 13 of the Arms Ordinance has
been enhanced from 3 years to 7 years, yet the relevant column of the Schedule 2 as amended by Ordinance IX of 1971 was not ameded and as such
the legal position is that the “Offences against other Laws” punishable with 3 years, not exceeding 7 years are not bailable with 3 years, not
exceeding 7 years are not bailable except offence punishable under section 13 of the Arms Ordinance, 1965. 1983 P.Cr.L.J. 1296.
If punishable with
Shall not arrest
Summons
Bailable
Ditto
Ditto
Magistrate of
imprisonment for 1
without
the first or
year and upwards,
warrant.
second class.
but less than 3

Ibid.
Subs. by Act XXV of 1974, w.e.f. 13.4.1972.
Inst. by Act II of 1997.
Subs. by the Code of Criminal Procedure (Amdt.) Ord., (X of 1979).
For the words “the Arms Act, 1879, Section 19” the words “Section 13 of the W.P. Arms Ord., 1965” were subs. by Code of Criminal
Procedure (Amdt). Ord., (IX of 1971).

[Ss. 196-197]

The Code of Criminal Procedure, 1898

years.
If punishable with
imprisonment for
less than 1 year, or
with fine 1[Daman]
only.
2[Section Zina 5 of
Ordinance VII of
19798]

Section 7 Qazf of
Ordinance VIII of
1979

301

Ditto

Ditto

Ditto

Ditto

Ditto

Any
Judicial
Magistrate.

Shall not arrest
without
warrant

Summons

Bailable

Not
compoundable

Court
Session

of

Shall not arrest
without
warrant

Summons

Bailable

Not
compoundable

Stoning to death
in case of Muhsan
and
if
not
Muhsan
whipping
not
exceeding
one
hundred stripes.
Whipping
numbering eighty
stripes.

Court
Session.

of

Notes
Any offence under any law punishable with imprisonment for a term not exceeding three years or with fine or both, bailable unless specifically made non
bailable NLR 1999 Criminal Lah. 1.

*****

1
2

Inst. by Ord., XXX of 1991.
Inst. by the Protection of Women (Criminal Laws Amendment) Act (VI of 2006), 2nd December, 2006.

302

The Code of Criminal Procedure, 1898

[Ss. 555-559]