- CODE OF CRIMINAL PROCEDURE
- CHAPTER XXIII
- CHAPTER XXIV
- CHAPTER XXV
- CHAPTER XXVI
- CHAPTER XXVIII
- CHAPTER XXIX
- CHAPTER XXX
- CHAPTER XXXI
- CHAPTER XXXII
- CHAPTER XXXIII
- CHAPTER XXXIV
- CHAPTER XXXV
- CHAPTER XXXVI
- CHAPTER XXXVII
- CHAPTER XXXVIII
- CHAPTER XXXIX
- CHAPTER XL
- CHAPTER XLI
- CHAPTER XLII
- CHAPTER XLIII
- CHAPTER XLIV
- CHAPTER XLV
- CHAPTER XLVI
CODE OF CRIMINAL PROCEDURE
(ACT V OF 1898) PART I PRELIMINARY CHAPTER-1 - Short title and Commencement: Extent.
- (Repealed)
- References to Code of Criminal Procedure and other repeated enactments. Expressions in former Acts.
- Definitions. Words referring to acts Words to have same meaning as in Pakistan Penal Code.
- Trial of offences under Penal Code. Trial of offences against other laws
PART II CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES CHAPTER II OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES
A. Classes of Criminal Courts
6. Classes of Criminal Courts and Magistrates.
B. Territorial Divisions - Sessions divisions and districts.
- Power to alter divisions and districts.
Existing divisions and districts maintained till altered.
- Power to divide districts into subdivisions. Existing sub-divisions districts maintained.
C—Courts and offices - Court of Session.
- District Magistrates.
- Officers temporarily succeeding to vacancies in office of District Magistrate.
- Subordinate Magistrates. Local limits of their jurisdiction.
- Power to put [Executive Magistrate] in charge of sub-divisions Delegation of powers to District Magistrate.
- Special Judicial and Executive Magistrates.
- Benches of Magistrates, Powers exercisable by Bench in absence of special direction.
- Power to frame rules for guidance of Benches.
- Subordination of Judicial Magistrates and Benches to Sessions Judge. Subordination of Executive Magistrates to District Magistrate. : Subordination of Executive Magistrates to Sub- Divisional Magistrate. Subordination of Assistant Sessions Judges to Sessions Judge
D.—Courts of Presidency Magistrates
18-21 [Omitted].
E.—Justices of the Peace
22. Justice-of the peace for the mufassil. Punjab Amendment
22. Appointment of Justices of the Peace. 22-A. Powers of Justices of the Peace. 22-B. Duties of Justices of the Peace. 23-24. [Repealed].
25. Ex-Officio Justices of the Peace.
F.—-Suspension and Removal
26-27 [Repeated].
CHAPTER III POWERS OF COURTS
A—Description of offences cognizable by each Court - Offences under Penal code
- Offences tinder other laws.
29-A. [emitted],
29-B. Jurisdiction in the cases of juveniles.
- Offences not punishable with death.
- B. Sentences which may be passed by Courts of various Classes.
- Sentences which High Court and Sessions Judges may pass.
- Sentences which Magistrates may pass.
- Power of Magistrates to sentence to imprisonment in default of fine.
- Higher powers of certain District Magistrates. 34-A. [Omitted].
- Sentence in case of conviction of several offences at one trial. Maximum term of punishment
- C. —Ordinary and Additional Powers
- Ordinary powers of Magistrates. .
- Additional powers Conferrable on Magistrates.
- Control of District Magistrate's investing power.
D.—Conferment, Continuance and Cancellation of Powers - Mode of conferring powers.
- Powers of officers appointed.
- Powers may be cancelled.
PART III GENERAL PROVISIONS CHAPTER IV OF AID AND INFORMATION TO THE MAGISTRATES, THE POLICE AND PERSONS MAKING ARRESTS - Public when to assist Magistrate and Police.
- Aid to person, other than police officer, executing warrant.
- Public to give information of certain offences.
- Village headman, accountants, landholders and others bound to report certain matters.
Appointment of village headmen by District Magistrate or Sub-Divisional, Magistrate in certain cases for purposes of this section.
CHAPTER V
OF ARREST, ESCAPE AND RETAKING
A.—Arrest generally - Arrest how made. . Resisting endeavour to arrest.
- Search of place entered by person sought to be arrested.
- Procedure where ingress not obtainable. Breaking open zenana.
- Power to break open doors and windows for purposes of liberation.
- No unnecessary restraint.
- Search of arrested persons.
- Mode of searching women.
- Power to seize offensive weapons.
B.--Arrest without Warrant - When police may arrest without warrant.
- Arrest of vagabonds, habitual robbers, etc.
- Procedure when police-officer deputes subordinate to arrest without warrant.
- Refusal to give name and residence.
- Pursuit of offenders into other jurisdiction.
- Arrest by private persons and procedure on such arrest.
- Person arrested to be taken before Magistrate or officer incharge of police-station.
- Persons arrested not to be detained more than twenty-four hours.
- Police to report apprehensions.
- Discharge of person apprehended.
64: Offence committed in Magistrate's presence. - Arrest by or in presence of Magistrate.
- Power, on escape, to pursue and retake.
- Provisions of Sections 47, 48 and 49 to apply to arrest
under Section 66.
CHAPTER VI OF PROCESSES To COMPEL APPEARANCE
A ---Summons - Form of summons. Summons by whom served.
- Summons how served. Signature of receipt for summons.
- Service when person summoned cannot be found.
- Procedure when service cannot be effected as before provided.
- Service on servant of State or of Railway Company.
- Service of summons outside local limits.
- Proof of service in such cases and when serving officer not present.
B:— Warrant of Arrest - Form of warrant of arrest. Continuance of warrant of arrest.
- Court may direct security to be taken. Recognizance to be forwarded.
- Warrants to whom directed Warrants to several persons.
- Warrant may be directed to landholders, etc.
- Warrant directed to police officer.
- Notification of substance of warrant.
- Person arrested to be bought before Court without delay.
- Where warrant may be executed.
- Warrant forwarded for execution outside / jurisdiction.
- Warrant directed to police officer for execution outside jurisdiction.
- Procedure on arrest of person against whom warrant issued.
- Procedure by Magistrate before whom person arrested is brought. 86-A. Procedure for removal in custody to Tribal Areas.
C.—Proclamation and Attachment - Proclamation for person absconding.
- Attachment of property of person absconding.
- Restoration of attached property.
D.—Other Rules regarding Processes - Issue of warrant in lieu of or in addition to summons.
- Power to take bond for appearance.
- Arrest by breach of bond for appearance.
- Provisions of this Chapter general applicable to summons and warrants of arrest.-
E— Special Rules regarding processes issued for service or execution outside Pakistan and processes received from outside Pakistan for service or execution within Pakistan
93-A. Sending of summons for service outside Pakistan.
93-B. Sending of warrants for execution outside Pakistan.
93-C. Service and execution in Pakistan of processes received from outside Pakistan.
CHAPTER VII
OF PROCESSES TO COMPELL THE PRODUCTION OF DOCUMENTS AND OTHER MOVABLE PPORERTYAND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED
A.—Summons to produce - Summons to produce document or other thing.
- Procedure as to letters and telegrams.
B-Search-warrants - When search warrant may be issued.
- Power to restrict warrant.
- Search of house suspected to contain stolen property, forged documents, etc.
- Disposal of things found in search beyond, jurisdiction.
99-A. Power to declare certain publications & forfeited and to issue search-warrants for the same,
99-B. Application to High Court to set aside order of forfeiture.
99-C. [Omitted].
99-D. Order of [High Court] setting aside forfeiture.
99-E. Evidence to prove nature or tendency of newspaper.
99-F. Procedure in High Court.
99-G. Jurisdiction barred.
C.—Discovery of persons wrongfully confined
100. Search for persons wrongfully confined.
D. General Provisions relating to Searches - Direction, etc. of search warrants.
- Persons incharge of closed place to allow search.
- Search to be made in presence of witnesses. Occupant of place searched may attend.
E-- Miscellaneous - Power to impound document, etc., produced.
- Magistrate may direct search in his presence.
PART IV
PREVENTION OF OFFENCES
CHAPTER VIIl
OF SECURITY FOR KEEPING THE PEACE AND FOR GOOD
BEHAVIOUR
A. —Security for keeping the Peace on Conviction
106. Security for keeping the peace on conviction.
B. —Security for Keeping the peace in other cases and security for good Behaviour - Security for keeping the peace in other cases. Procedure if Magistrate not empowered to act under sub-section (1),
- Security for good behaviour from persons disseminating seditious matter.
- Security for good behaviour from vagrants and suspected persons.
- –Security for good behaviour from habitual offenders.
- Proviso as to European vagrants: [Repeated].
- Order to be made.
- Procedure in respect of person present in Court.
- Summons or warrant in case of person not so present.
- Copy of order under Section 112 to accompany summons or warrant.
- Power to dispense with personal attendance.
- Inquiry as to truth of information
- Order to give security.
- Discharge of person informed against.
C.—Proceedings in all cases subsequent to order to furnish security - Commencement of period for which security is required.
- Contents of bond.
- Power to reject sureties.
- Imprisonment in default of security. Proceedings when to be laid before High Court or Court of Session. Kind of imprisonment.
- Power to release persons imprisoned for failing to give security.
125: Power to District Magistrate to conceal any bond for keeping the peace or good behaviour.
126. Discharge of sureties.
126-A.Security for un-expired period of bond.
CHAPTER IX
UNLAWFUL ASSEMBLIES
[AND MAINTENANCE OF PUBLIC PEACE AND SECURITY]
- Assembly to disperse or command of Magistrate or police-officer.
- Use of civil force to disperse.
- Use of military force.
- Duty of officer commanding troops required by Magistrate to disperse assembly.
- Power of commissioned,, military officer to disperse assembly.
131-A.Power to use military force for public security and maintenance of law and order.
- Protection against prosecution for acts done under this Chapter.
132-A. Definitions.
CHAPTER X
PUBUC NUISANCES
- Conditional order for removal of nuisance.
- Service or notification of order.
- Person to whom order is addressed to obey or show cause or claim Jury.
- Consequence of his failing to do so:
- Procedure where he appears to show cause.
- Procedure when he claims jury.
- Procedure where jury finds Magistrate's order to be reasonable. 139-A. Procedure where existence of public right is denied.
- Procedure on order being made absolute. Consequences of disobedience to order.
- Procedure on failure to appoint Jury or omission to return verdict.
- Injunction pending inquiry
- Magistrate may prohibit repetition or continuance of public nuisance.
CHAPTER XI
TEMPORARY ORDERS IN URGENT CASES OF NUISANCE OR
APPREHENDED DANGER
144. Power to issue order absolute at once tri urgent cases of nuisance or apprehended danger.
CHAPTER XII
DISPUTES AS TO IMMOVABLE PROPERTY
- Procedure where dispute concerning land. etc. is likely to cause breach of peace. Inquiry as to possession. Party in possession to retain possession until legally evicted.
- Power to attach subject of dispute.
- Dispute concerning rights .of use of immovable property, etc.
- Local inquiry. Order as to costs,
CHAPTER XIII.
PREVENTIVE ACTION OF THE POLICE
- Police to prevent cognisable offences.
- Information of design to commit such offences.
- Arrest to prevent such offences.
- Prevention of injury to public property.
- Inspection of weights and measures.
PART V
INFORMATION TO POLICE AND THEIR POWERS TO INVESTIGATE
CHAPTER XIV
- Information in cognisable cases.
- Information in non-cognisable cases. Investigation into non-cognisable eases.
- Investigation into cognizable cases.
- Procedure where cognizable offence suspected. Where local investigation dispensed with.
- Where police-officer incharge sees no sufficient ground for investigation.
- Reports under Section 157 how submitted.
- Power to hold investigation or preliminary inquiry.
- Police-officer's power to require attendance of witnesses. .
- Examination of witnesses by potted;
- Statements to police hot to be signed, use of such statements in evidence.
- No inducement to be offered.
- Power to record statements and confessions.
- Search by police officer.
- When officer incharge of police station may require another to issue search warrant.
- Procedure when investigation cannot be completed in twenty-four hours.
- Report of investigation by subordinate police officer.
- Release of accused when evidence deficient.
- Case to be sent to Magistrate when evidence is sufficient.
- Complainants and witnesses not to be required to accompany police-officer. Complainants and witnesses not to be subjected to restraint. Recusant complainant, witness may be forwarded in custody.
- Diary of proceedings in investigation.
- Report of police officer.
- Police to inquire to report in suicide, etc.
- Power to summon persons.
- Inquiry by Magistrate into cause of death. Power to disinter, corpses.
PART VI
PROCEEDINGS IN PROSECUTIONS
CHAPTER XV
OF THE JURISDISTION OF THE CRIMINAL COURTS OF INQUIRES AND
TRIALS
A-Place of Inquiry or trial - Ordinary place of inquiry and trial.
- Power to order, cases to be tried in different sessions divisions.
- Accused triable in district where act is done or where consequence ensues.
- Place of trial where act is offence by reason of relation to other offence.
- Being a thug or belonging to a gang of dacoits, escape from custody etc.
- Criminal misappropriation and criminal breach of trust.
Theft.
Kidnapping and abduction.
- 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.
- Offence committed on a journey.
- Offence against Railway, Telegraph, Post Office & Arms Act.
- High Court to decide in case of doubt, district where inquiry or trial shall take place.
- Power to issue summons or warrant for offence committed beyond local jurisdiction. Magistrate's procedure on arrest.
- Procedure where warrant issued by subordinate Magistrate.
- Liability of offences committed Outside Pakistan. Political Agents to certify fitness of inquiry into charges.
- Power to direct copies of depositions and exhibits to be received in evidence.
- B. -Conditions requisite for initiation of proceedings
- Cognizance of offence by Magistrates.
- Transfer on application of accused.
- Transfer of cases by Magistrate.
- Cognizance of offences by Courts of Session.
- Cognizance of offences by High Court.
- No Court shall take cognizance: Prosecution for contempt of lawful authority of public servants. Prosecution for certain offences against public justice. Prosecution for certain offences relating to documents given in evidence.
- Prosecution for offences against the State. 196-A. Prosecution for certain classes of criminal conspiracy. 196.-B. Preliminary inquiry in certain cases.
- Prosecution of Judges and public servants. Power of president or Governor as to prosecution.
- Prosecution for breach of contract, defamation and offences against marriage.
- 198-A. Prosecution for defamation against public servants in respect of their conduct in the discharge of public functions.
- Prosecution for adultery or enticing a married woman.
199-A. Objection by lawful guardian to complaint by person other than person aggrieved.
199-B. Form of authorisation under second proviso to Section 198 or 199.
CHAPTER XVI
OF COMPLAINTS TO MAGISTRATES
- Examination of complainant.
- Procedure by Magistrate not competent to take cognizance of the case.
- Postponement of issue of process.
- Dismissal of complaints.
CHAPTER XVII
OF THE COMMENCEMENT OF PROCEEDINGS BEFORE COURT
- Issue of process.
- Magistrate may dispense with personal attendance of accused.
CHAPTER XVIII
OF INQUIRY INTO CASES TRIABLE BY THE COURT OF SESSION OR HIGH COURT
206 to 220. (Omitted)
(ACT V OF 1898) PART I PRELIMINARY CHAPTER-1 - Short title and Commencement: Extent.
- (Repealed)
- References to Code of Criminal Procedure and other repeated enactments. Expressions in former Acts.
- Definitions. Words referring to acts Words to have same meaning as in Pakistan Penal Code.
- Trial of offences under Penal Code. Trial of offences against other laws
PART II CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES CHAPTER II OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES
A. Classes of Criminal Courts
6. Classes of Criminal Courts and Magistrates.
B. Territorial Divisions - Sessions divisions and districts.
- Power to alter divisions and districts.
Existing divisions and districts maintained till altered.
- Power to divide districts into subdivisions. Existing sub-divisions districts maintained.
C—Courts and offices - Court of Session.
- District Magistrates.
- Officers temporarily succeeding to vacancies in office of District Magistrate.
- Subordinate Magistrates. Local limits of their jurisdiction.
- Power to put [Executive Magistrate] in charge of sub-divisions Delegation of powers to District Magistrate.
- Special Judicial and Executive Magistrates.
- Benches of Magistrates, Powers exercisable by Bench in absence of special direction.
- Power to frame rules for guidance of Benches.
- Subordination of Judicial Magistrates and Benches to Sessions Judge. Subordination of Executive Magistrates to District Magistrate. : Subordination of Executive Magistrates to Sub- Divisional Magistrate. Subordination of Assistant Sessions Judges to Sessions Judge
D.—Courts of Presidency Magistrates
18-21 [Omitted].
E.—Justices of the Peace
22. Justice-of the peace for the mufassil. Punjab Amendment
22. Appointment of Justices of the Peace. 22-A. Powers of Justices of the Peace. 22-B. Duties of Justices of the Peace. 23-24. [Repealed].
25. Ex-Officio Justices of the Peace.
F.—-Suspension and Removal
26-27 [Repeated].
CHAPTER III POWERS OF COURTS
A—Description of offences cognizable by each Court - Offences under Penal code
- Offences tinder other laws.
29-A. [emitted],
29-B. Jurisdiction in the cases of juveniles.
- Offences not punishable with death.
- B. Sentences which may be passed by Courts of various Classes.
- Sentences which High Court and Sessions Judges may pass.
- Sentences which Magistrates may pass.
- Power of Magistrates to sentence to imprisonment in default of fine.
- Higher powers of certain District Magistrates. 34-A. [Omitted].
- Sentence in case of conviction of several offences at one trial. Maximum term of punishment
- C. —Ordinary and Additional Powers
- Ordinary powers of Magistrates. .
- Additional powers Conferrable on Magistrates.
- Control of District Magistrate's investing power.
D.—Conferment, Continuance and Cancellation of Powers - Mode of conferring powers.
- Powers of officers appointed.
- Powers may be cancelled.
PART III GENERAL PROVISIONS CHAPTER IV OF AID AND INFORMATION TO THE MAGISTRATES, THE POLICE AND PERSONS MAKING ARRESTS - Public when to assist Magistrate and Police.
- Aid to person, other than police officer, executing warrant.
- Public to give information of certain offences.
- Village headman, accountants, landholders and others bound to report certain matters.
Appointment of village headmen by District Magistrate or Sub-Divisional, Magistrate in certain cases for purposes of this section.
CHAPTER V
OF ARREST, ESCAPE AND RETAKING
A.—Arrest generally - Arrest how made. . Resisting endeavour to arrest.
- Search of place entered by person sought to be arrested.
- Procedure where ingress not obtainable. Breaking open zenana.
- Power to break open doors and windows for purposes of liberation.
- No unnecessary restraint.
- Search of arrested persons.
- Mode of searching women.
- Power to seize offensive weapons.
B.--Arrest without Warrant - When police may arrest without warrant.
- Arrest of vagabonds, habitual robbers, etc.
- Procedure when police-officer deputes subordinate to arrest without warrant.
- Refusal to give name and residence.
- Pursuit of offenders into other jurisdiction.
- Arrest by private persons and procedure on such arrest.
- Person arrested to be taken before Magistrate or officer incharge of police-station.
- Persons arrested not to be detained more than twenty-four hours.
- Police to report apprehensions.
- Discharge of person apprehended.
64: Offence committed in Magistrate's presence. - Arrest by or in presence of Magistrate.
- Power, on escape, to pursue and retake.
- Provisions of Sections 47, 48 and 49 to apply to arrest
under Section 66.
CHAPTER VI OF PROCESSES To COMPEL APPEARANCE
A ---Summons - Form of summons. Summons by whom served.
- Summons how served. Signature of receipt for summons.
- Service when person summoned cannot be found.
- Procedure when service cannot be effected as before provided.
- Service on servant of State or of Railway Company.
- Service of summons outside local limits.
- Proof of service in such cases and when serving officer not present.
B:— Warrant of Arrest - Form of warrant of arrest. Continuance of warrant of arrest.
- Court may direct security to be taken. Recognizance to be forwarded.
- Warrants to whom directed Warrants to several persons.
- Warrant may be directed to landholders, etc.
- Warrant directed to police officer.
- Notification of substance of warrant.
- Person arrested to be bought before Court without delay.
- Where warrant may be executed.
- Warrant forwarded for execution outside / jurisdiction.
- Warrant directed to police officer for execution outside jurisdiction.
- Procedure on arrest of person against whom warrant issued.
- Procedure by Magistrate before whom person arrested is brought. 86-A. Procedure for removal in custody to Tribal Areas.
C.—Proclamation and Attachment - Proclamation for person absconding.
- Attachment of property of person absconding.
- Restoration of attached property.
D.—Other Rules regarding Processes - Issue of warrant in lieu of or in addition to summons.
- Power to take bond for appearance.
- Arrest by breach of bond for appearance.
- Provisions of this Chapter general applicable to summons and warrants of arrest.-
E— Special Rules regarding processes issued for service or execution outside Pakistan and processes received from outside Pakistan for service or execution within Pakistan
93-A. Sending of summons for service outside Pakistan.
93-B. Sending of warrants for execution outside Pakistan.
93-C. Service and execution in Pakistan of processes received from outside Pakistan.
CHAPTER VII
OF PROCESSES TO COMPELL THE PRODUCTION OF DOCUMENTS AND OTHER MOVABLE PPORERTYAND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED
A.—Summons to produce - Summons to produce document or other thing.
- Procedure as to letters and telegrams.
B-Search-warrants - When search warrant may be issued.
- Power to restrict warrant.
- Search of house suspected to contain stolen property, forged documents, etc.
- Disposal of things found in search beyond, jurisdiction.
99-A. Power to declare certain publications & forfeited and to issue search-warrants for the same,
99-B. Application to High Court to set aside order of forfeiture.
99-C. [Omitted].
99-D. Order of [High Court] setting aside forfeiture.
99-E. Evidence to prove nature or tendency of newspaper.
99-F. Procedure in High Court.
99-G. Jurisdiction barred.
C.—Discovery of persons wrongfully confined
100. Search for persons wrongfully confined.
D. General Provisions relating to Searches - Direction, etc. of search warrants.
- Persons incharge of closed place to allow search.
- Search to be made in presence of witnesses. Occupant of place searched may attend.
E-- Miscellaneous - Power to impound document, etc., produced.
- Magistrate may direct search in his presence.
PART IV
PREVENTION OF OFFENCES
CHAPTER VIIl
OF SECURITY FOR KEEPING THE PEACE AND FOR GOOD
BEHAVIOUR
A. —Security for keeping the Peace on Conviction
106. Security for keeping the peace on conviction.
B. —Security for Keeping the peace in other cases and security for good Behaviour - Security for keeping the peace in other cases. Procedure if Magistrate not empowered to act under sub-section (1),
- Security for good behaviour from persons disseminating seditious matter.
- Security for good behaviour from vagrants and suspected persons.
- –Security for good behaviour from habitual offenders.
- Proviso as to European vagrants: [Repeated].
- Order to be made.
- Procedure in respect of person present in Court.
- Summons or warrant in case of person not so present.
- Copy of order under Section 112 to accompany summons or warrant.
- Power to dispense with personal attendance.
- Inquiry as to truth of information
- Order to give security.
- Discharge of person informed against.
C.—Proceedings in all cases subsequent to order to furnish security - Commencement of period for which security is required.
- Contents of bond.
- Power to reject sureties.
- Imprisonment in default of security. Proceedings when to be laid before High Court or Court of Session. Kind of imprisonment.
- Power to release persons imprisoned for failing to give security.
125: Power to District Magistrate to conceal any bond for keeping the peace or good behaviour.
126. Discharge of sureties.
126-A.Security for un-expired period of bond.
CHAPTER IX
UNLAWFUL ASSEMBLIES
[AND MAINTENANCE OF PUBLIC PEACE AND SECURITY]
- Assembly to disperse or command of Magistrate or police-officer.
- Use of civil force to disperse.
- Use of military force.
- Duty of officer commanding troops required by Magistrate to disperse assembly.
- Power of commissioned,, military officer to disperse assembly.
131-A.Power to use military force for public security and maintenance of law and order.
- Protection against prosecution for acts done under this Chapter.
132-A. Definitions.
CHAPTER X
PUBUC NUISANCES
- Conditional order for removal of nuisance.
- Service or notification of order.
- Person to whom order is addressed to obey or show cause or claim Jury.
- Consequence of his failing to do so:
- Procedure where he appears to show cause.
- Procedure when he claims jury.
- Procedure where jury finds Magistrate's order to be reasonable. 139-A. Procedure where existence of public right is denied.
- Procedure on order being made absolute. Consequences of disobedience to order.
- Procedure on failure to appoint Jury or omission to return verdict.
- Injunction pending inquiry
- Magistrate may prohibit repetition or continuance of public nuisance.
CHAPTER XI
TEMPORARY ORDERS IN URGENT CASES OF NUISANCE OR
APPREHENDED DANGER
144. Power to issue order absolute at once tri urgent cases of nuisance or apprehended danger.
CHAPTER XII
DISPUTES AS TO IMMOVABLE PROPERTY
- Procedure where dispute concerning land. etc. is likely to cause breach of peace. Inquiry as to possession. Party in possession to retain possession until legally evicted.
- Power to attach subject of dispute.
- Dispute concerning rights .of use of immovable property, etc.
- Local inquiry. Order as to costs,
CHAPTER XIII.
PREVENTIVE ACTION OF THE POLICE
- Police to prevent cognisable offences.
- Information of design to commit such offences.
- Arrest to prevent such offences.
- Prevention of injury to public property.
- Inspection of weights and measures.
PART V
INFORMATION TO POLICE AND THEIR POWERS TO INVESTIGATE
CHAPTER XIV
- Information in cognisable cases.
- Information in non-cognisable cases. Investigation into non-cognisable eases.
- Investigation into cognizable cases.
- Procedure where cognizable offence suspected. Where local investigation dispensed with.
- Where police-officer incharge sees no sufficient ground for investigation.
- Reports under Section 157 how submitted.
- Power to hold investigation or preliminary inquiry.
- Police-officer's power to require attendance of witnesses. .
- Examination of witnesses by potted;
- Statements to police hot to be signed, use of such statements in evidence.
- No inducement to be offered.
- Power to record statements and confessions.
- Search by police officer.
- When officer incharge of police station may require another to issue search warrant.
- Procedure when investigation cannot be completed in twenty-four hours.
- Report of investigation by subordinate police officer.
- Release of accused when evidence deficient.
- Case to be sent to Magistrate when evidence is sufficient.
- Complainants and witnesses not to be required to accompany police-officer. Complainants and witnesses not to be subjected to restraint. Recusant complainant, witness may be forwarded in custody.
- Diary of proceedings in investigation.
- Report of police officer.
- Police to inquire to report in suicide, etc.
- Power to summon persons.
- Inquiry by Magistrate into cause of death. Power to disinter, corpses.
PART VI
PROCEEDINGS IN PROSECUTIONS
CHAPTER XV
OF THE JURISDISTION OF THE CRIMINAL COURTS OF INQUIRES AND
TRIALS
A-Place of Inquiry or trial - Ordinary place of inquiry and trial.
- Power to order, cases to be tried in different sessions divisions.
- Accused triable in district where act is done or where consequence ensues.
- Place of trial where act is offence by reason of relation to other offence.
- Being a thug or belonging to a gang of dacoits, escape from custody etc.
- Criminal misappropriation and criminal breach of trust.
Theft.
Kidnapping and abduction.
- 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.
- Offence committed on a journey.
- Offence against Railway, Telegraph, Post Office & Arms Act.
- High Court to decide in case of doubt, district where inquiry or trial shall take place.
- Power to issue summons or warrant for offence committed beyond local jurisdiction. Magistrate's procedure on arrest.
- Procedure where warrant issued by subordinate Magistrate.
- Liability of offences committed Outside Pakistan. Political Agents to certify fitness of inquiry into charges.
- Power to direct copies of depositions and exhibits to be received in evidence.
- B. -Conditions requisite for initiation of proceedings
- Cognizance of offence by Magistrates.
- Transfer on application of accused.
- Transfer of cases by Magistrate.
- Cognizance of offences by Courts of Session.
- Cognizance of offences by High Court.
- No Court shall take cognizance: Prosecution for contempt of lawful authority of public servants. Prosecution for certain offences against public justice. Prosecution for certain offences relating to documents given in evidence.
- Prosecution for offences against the State. 196-A. Prosecution for certain classes of criminal conspiracy. 196.-B. Preliminary inquiry in certain cases.
- Prosecution of Judges and public servants. Power of president or Governor as to prosecution.
- Prosecution for breach of contract, defamation and offences against marriage.
- 198-A. Prosecution for defamation against public servants in respect of their conduct in the discharge of public functions.
- Prosecution for adultery or enticing a married woman.
199-A. Objection by lawful guardian to complaint by person other than person aggrieved.
199-B. Form of authorisation under second proviso to Section 198 or 199.
CHAPTER XVI
OF COMPLAINTS TO MAGISTRATES
- Examination of complainant.
- Procedure by Magistrate not competent to take cognizance of the case.
- Postponement of issue of process.
- Dismissal of complaints.
CHAPTER XVII
OF THE COMMENCEMENT OF PROCEEDINGS BEFORE COURT
- Issue of process.
- Magistrate may dispense with personal attendance of accused.
CHAPTER XVIII
OF INQUIRY INTO CASES TRIABLE BY THE COURT OF SESSION OR HIGH COURT
206 to 220. (Omitted)
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
6. Classes of Criminal Courts and Magistrates.
B. Territorial Divisions - Sessions divisions and districts.
- Power to alter divisions and districts.
Existing divisions and districts maintained till altered.
- Power to divide districts into subdivisions. Existing sub-divisions districts maintained.
C—Courts and offices - Court of Session.
- District Magistrates.
- Officers temporarily succeeding to vacancies in office of District Magistrate.
- Subordinate Magistrates. Local limits of their jurisdiction.
- Power to put [Executive Magistrate] in charge of sub-divisions Delegation of powers to District Magistrate.
- Special Judicial and Executive Magistrates.
- Benches of Magistrates, Powers exercisable by Bench in absence of special direction.
- Power to frame rules for guidance of Benches.
- Subordination of Judicial Magistrates and Benches to Sessions Judge. Subordination of Executive Magistrates to District Magistrate. : Subordination of Executive Magistrates to Sub- Divisional Magistrate. Subordination of Assistant Sessions Judges to Sessions Judge
D.—Courts of Presidency Magistrates
18-21 [Omitted].
E.—Justices of the Peace
22. Justice-of the peace for the mufassil. Punjab Amendment
22. Appointment of Justices of the Peace. 22-A. Powers of Justices of the Peace. 22-B. Duties of Justices of the Peace. 23-24. [Repealed].
25. Ex-Officio Justices of the Peace.
F.—-Suspension and Removal
26-27 [Repeated].
CHAPTER III POWERS OF COURTS
A—Description of offences cognizable by each Court - Offences under Penal code
- Offences tinder other laws.
29-A. [emitted],
29-B. Jurisdiction in the cases of juveniles.
- Offences not punishable with death.
- B. Sentences which may be passed by Courts of various Classes.
- Sentences which High Court and Sessions Judges may pass.
- Sentences which Magistrates may pass.
- Power of Magistrates to sentence to imprisonment in default of fine.
- Higher powers of certain District Magistrates. 34-A. [Omitted].
- Sentence in case of conviction of several offences at one trial. Maximum term of punishment
- C. —Ordinary and Additional Powers
- Ordinary powers of Magistrates. .
- Additional powers Conferrable on Magistrates.
- Control of District Magistrate's investing power.
D.—Conferment, Continuance and Cancellation of Powers - Mode of conferring powers.
- Powers of officers appointed.
- Powers may be cancelled.
PART III GENERAL PROVISIONS CHAPTER IV OF AID AND INFORMATION TO THE MAGISTRATES, THE POLICE AND PERSONS MAKING ARRESTS - Public when to assist Magistrate and Police.
- Aid to person, other than police officer, executing warrant.
- Public to give information of certain offences.
- Village headman, accountants, landholders and others bound to report certain matters.
Appointment of village headmen by District Magistrate or Sub-Divisional, Magistrate in certain cases for purposes of this section.
CHAPTER V
OF ARREST, ESCAPE AND RETAKING
A.—Arrest generally - Arrest how made. . Resisting endeavour to arrest.
- Search of place entered by person sought to be arrested.
- Procedure where ingress not obtainable. Breaking open zenana.
- Power to break open doors and windows for purposes of liberation.
- No unnecessary restraint.
- Search of arrested persons.
- Mode of searching women.
- Power to seize offensive weapons.
B.--Arrest without Warrant - When police may arrest without warrant.
- Arrest of vagabonds, habitual robbers, etc.
- Procedure when police-officer deputes subordinate to arrest without warrant.
- Refusal to give name and residence.
- Pursuit of offenders into other jurisdiction.
- Arrest by private persons and procedure on such arrest.
- Person arrested to be taken before Magistrate or officer incharge of police-station.
- Persons arrested not to be detained more than twenty-four hours.
- Police to report apprehensions.
- Discharge of person apprehended.
64: Offence committed in Magistrate's presence. - Arrest by or in presence of Magistrate.
- Power, on escape, to pursue and retake.
- Provisions of Sections 47, 48 and 49 to apply to arrest
under Section 66.
CHAPTER VI OF PROCESSES To COMPEL APPEARANCE
A ---Summons - Form of summons. Summons by whom served.
- Summons how served. Signature of receipt for summons.
- Service when person summoned cannot be found.
- Procedure when service cannot be effected as before provided.
- Service on servant of State or of Railway Company.
- Service of summons outside local limits.
- Proof of service in such cases and when serving officer not present.
B:— Warrant of Arrest - Form of warrant of arrest. Continuance of warrant of arrest.
- Court may direct security to be taken. Recognizance to be forwarded.
- Warrants to whom directed Warrants to several persons.
- Warrant may be directed to landholders, etc.
- Warrant directed to police officer.
- Notification of substance of warrant.
- Person arrested to be bought before Court without delay.
- Where warrant may be executed.
- Warrant forwarded for execution outside / jurisdiction.
- Warrant directed to police officer for execution outside jurisdiction.
- Procedure on arrest of person against whom warrant issued.
- Procedure by Magistrate before whom person arrested is brought. 86-A. Procedure for removal in custody to Tribal Areas.
C.—Proclamation and Attachment - Proclamation for person absconding.
- Attachment of property of person absconding.
- Restoration of attached property.
D.—Other Rules regarding Processes - Issue of warrant in lieu of or in addition to summons.
- Power to take bond for appearance.
- Arrest by breach of bond for appearance.
- Provisions of this Chapter general applicable to summons and warrants of arrest.-
E— Special Rules regarding processes issued for service or execution outside Pakistan and processes received from outside Pakistan for service or execution within Pakistan
93-A. Sending of summons for service outside Pakistan.
93-B. Sending of warrants for execution outside Pakistan.
93-C. Service and execution in Pakistan of processes received from outside Pakistan.
CHAPTER VII
OF PROCESSES TO COMPELL THE PRODUCTION OF DOCUMENTS AND OTHER MOVABLE PPORERTYAND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED
A.—Summons to produce - Summons to produce document or other thing.
- Procedure as to letters and telegrams.
B-Search-warrants - When search warrant may be issued.
- Power to restrict warrant.
- Search of house suspected to contain stolen property, forged documents, etc.
- Disposal of things found in search beyond, jurisdiction.
99-A. Power to declare certain publications & forfeited and to issue search-warrants for the same,
99-B. Application to High Court to set aside order of forfeiture.
99-C. [Omitted].
99-D. Order of [High Court] setting aside forfeiture.
99-E. Evidence to prove nature or tendency of newspaper.
99-F. Procedure in High Court.
99-G. Jurisdiction barred.
C.—Discovery of persons wrongfully confined
100. Search for persons wrongfully confined.
D. General Provisions relating to Searches - Direction, etc. of search warrants.
- Persons incharge of closed place to allow search.
- Search to be made in presence of witnesses. Occupant of place searched may attend.
E-- Miscellaneous - Power to impound document, etc., produced.
- Magistrate may direct search in his presence.
PART IV
PREVENTION OF OFFENCES
CHAPTER VIIl
OF SECURITY FOR KEEPING THE PEACE AND FOR GOOD
BEHAVIOUR
A. —Security for keeping the Peace on Conviction
106. Security for keeping the peace on conviction.
B. —Security for Keeping the peace in other cases and security for good Behaviour - Security for keeping the peace in other cases. Procedure if Magistrate not empowered to act under sub-section (1),
- Security for good behaviour from persons disseminating seditious matter.
- Security for good behaviour from vagrants and suspected persons.
- –Security for good behaviour from habitual offenders.
- Proviso as to European vagrants: [Repeated].
- Order to be made.
- Procedure in respect of person present in Court.
- Summons or warrant in case of person not so present.
- Copy of order under Section 112 to accompany summons or warrant.
- Power to dispense with personal attendance.
- Inquiry as to truth of information
- Order to give security.
- Discharge of person informed against.
C.—Proceedings in all cases subsequent to order to furnish security - Commencement of period for which security is required.
- Contents of bond.
- Power to reject sureties.
- Imprisonment in default of security. Proceedings when to be laid before High Court or Court of Session. Kind of imprisonment.
- Power to release persons imprisoned for failing to give security.
125: Power to District Magistrate to conceal any bond for keeping the peace or good behaviour.
126. Discharge of sureties.
126-A.Security for un-expired period of bond.
CHAPTER IX
UNLAWFUL ASSEMBLIES
[AND MAINTENANCE OF PUBLIC PEACE AND SECURITY]
- Assembly to disperse or command of Magistrate or police-officer.
- Use of civil force to disperse.
- Use of military force.
- Duty of officer commanding troops required by Magistrate to disperse assembly.
- Power of commissioned,, military officer to disperse assembly.
131-A.Power to use military force for public security and maintenance of law and order.
- Protection against prosecution for acts done under this Chapter.
132-A. Definitions.
CHAPTER X
PUBUC NUISANCES
- Conditional order for removal of nuisance.
- Service or notification of order.
- Person to whom order is addressed to obey or show cause or claim Jury.
- Consequence of his failing to do so:
- Procedure where he appears to show cause.
- Procedure when he claims jury.
- Procedure where jury finds Magistrate's order to be reasonable. 139-A. Procedure where existence of public right is denied.
- Procedure on order being made absolute. Consequences of disobedience to order.
- Procedure on failure to appoint Jury or omission to return verdict.
- Injunction pending inquiry
- Magistrate may prohibit repetition or continuance of public nuisance.
CHAPTER XI
TEMPORARY ORDERS IN URGENT CASES OF NUISANCE OR
APPREHENDED DANGER
144. Power to issue order absolute at once tri urgent cases of nuisance or apprehended danger.
CHAPTER XII
DISPUTES AS TO IMMOVABLE PROPERTY
- Procedure where dispute concerning land. etc. is likely to cause breach of peace. Inquiry as to possession. Party in possession to retain possession until legally evicted.
- Power to attach subject of dispute.
- Dispute concerning rights .of use of immovable property, etc.
- Local inquiry. Order as to costs,
CHAPTER XIII.
PREVENTIVE ACTION OF THE POLICE
- Police to prevent cognisable offences.
- Information of design to commit such offences.
- Arrest to prevent such offences.
- Prevention of injury to public property.
- Inspection of weights and measures.
PART V
INFORMATION TO POLICE AND THEIR POWERS TO INVESTIGATE
CHAPTER XIV
- Information in cognisable cases.
- Information in non-cognisable cases. Investigation into non-cognisable eases.
- Investigation into cognizable cases.
- Procedure where cognizable offence suspected. Where local investigation dispensed with.
- Where police-officer incharge sees no sufficient ground for investigation.
- Reports under Section 157 how submitted.
- Power to hold investigation or preliminary inquiry.
- Police-officer's power to require attendance of witnesses. .
- Examination of witnesses by potted;
- Statements to police hot to be signed, use of such statements in evidence.
- No inducement to be offered.
- Power to record statements and confessions.
- Search by police officer.
- When officer incharge of police station may require another to issue search warrant.
- Procedure when investigation cannot be completed in twenty-four hours.
- Report of investigation by subordinate police officer.
- Release of accused when evidence deficient.
- Case to be sent to Magistrate when evidence is sufficient.
- Complainants and witnesses not to be required to accompany police-officer. Complainants and witnesses not to be subjected to restraint. Recusant complainant, witness may be forwarded in custody.
- Diary of proceedings in investigation.
- Report of police officer.
- Police to inquire to report in suicide, etc.
- Power to summon persons.
- Inquiry by Magistrate into cause of death. Power to disinter, corpses.
PART VI
PROCEEDINGS IN PROSECUTIONS
CHAPTER XV
OF THE JURISDISTION OF THE CRIMINAL COURTS OF INQUIRES AND
TRIALS
A-Place of Inquiry or trial - Ordinary place of inquiry and trial.
- Power to order, cases to be tried in different sessions divisions.
- Accused triable in district where act is done or where consequence ensues.
- Place of trial where act is offence by reason of relation to other offence.
- Being a thug or belonging to a gang of dacoits, escape from custody etc.
- Criminal misappropriation and criminal breach of trust.
Theft.
Kidnapping and abduction.
- 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.
- Offence committed on a journey.
- Offence against Railway, Telegraph, Post Office & Arms Act.
- High Court to decide in case of doubt, district where inquiry or trial shall take place.
- Power to issue summons or warrant for offence committed beyond local jurisdiction. Magistrate's procedure on arrest.
- Procedure where warrant issued by subordinate Magistrate.
- Liability of offences committed Outside Pakistan. Political Agents to certify fitness of inquiry into charges.
- Power to direct copies of depositions and exhibits to be received in evidence.
- B. -Conditions requisite for initiation of proceedings
- Cognizance of offence by Magistrates.
- Transfer on application of accused.
- Transfer of cases by Magistrate.
- Cognizance of offences by Courts of Session.
- Cognizance of offences by High Court.
- No Court shall take cognizance: Prosecution for contempt of lawful authority of public servants. Prosecution for certain offences against public justice. Prosecution for certain offences relating to documents given in evidence.
- Prosecution for offences against the State. 196-A. Prosecution for certain classes of criminal conspiracy. 196.-B. Preliminary inquiry in certain cases.
- Prosecution of Judges and public servants. Power of president or Governor as to prosecution.
- Prosecution for breach of contract, defamation and offences against marriage.
- 198-A. Prosecution for defamation against public servants in respect of their conduct in the discharge of public functions.
- Prosecution for adultery or enticing a married woman.
199-A. Objection by lawful guardian to complaint by person other than person aggrieved.
199-B. Form of authorisation under second proviso to Section 198 or 199.
CHAPTER XVI
OF COMPLAINTS TO MAGISTRATES
- Examination of complainant.
- Procedure by Magistrate not competent to take cognizance of the case.
- Postponement of issue of process.
- Dismissal of complaints.
CHAPTER XVII
OF THE COMMENCEMENT OF PROCEEDINGS BEFORE COURT
- Issue of process.
- Magistrate may dispense with personal attendance of accused.
CHAPTER XVIII
OF INQUIRY INTO CASES TRIABLE BY THE COURT OF SESSION OR HIGH COURT
206 to 220. (Omitted)
6. Classes of Criminal Courts and Magistrates.
B. Territorial Divisions C—Courts and offices D.—Courts of Presidency Magistrates
18-21 [Omitted].
E.—Justices of the Peace
22. Justice-of the peace for the mufassil. Punjab Amendment
22. Appointment of Justices of the Peace. 22-A. Powers of Justices of the Peace. 22-B. Duties of Justices of the Peace. 23-24. [Repealed].
25. Ex-Officio Justices of the Peace.
F.—-Suspension and Removal
26-27 [Repeated].
A—Description of offences cognizable by each Court D.—Conferment, Continuance and Cancellation of Powers PART III GENERAL PROVISIONS CHAPTER IV OF AID AND INFORMATION TO THE MAGISTRATES, THE POLICE AND PERSONS MAKING ARRESTS Appointment of village headmen by District Magistrate or Sub-Divisional, Magistrate in certain cases for purposes of this section.
A.—Arrest generally B.--Arrest without Warrant 64: Offence committed in Magistrate's presence. under Section 66.
A ---Summons B:— Warrant of Arrest C.—Proclamation and Attachment D.—Other Rules regarding Processes E— Special Rules regarding processes issued for service or execution outside Pakistan and processes received from outside Pakistan for service or execution within Pakistan
93-A. Sending of summons for service outside Pakistan. A.—Summons to produce B-Search-warrants 99-A. Power to declare certain publications & forfeited and to issue search-warrants for the same,
99-B. Application to High Court to set aside order of forfeiture. C.—Discovery of persons wrongfully confined
100. Search for persons wrongfully confined.
D. General Provisions relating to Searches E-- Miscellaneous PART IV
PREVENTION OF OFFENCES A. —Security for keeping the Peace on Conviction
106. Security for keeping the peace on conviction.
B. —Security for Keeping the peace in other cases and security for good Behaviour C.—Proceedings in all cases subsequent to order to furnish security 125: Power to District Magistrate to conceal any bond for keeping the peace or good behaviour.
126. Discharge of sureties. 144. Power to issue order absolute at once tri urgent cases of nuisance or apprehended danger.
PART VI A-Place of Inquiry or trial OF INQUIRY INTO CASES TRIABLE BY THE COURT OF SESSION OR HIGH COURT
206 to 220. (Omitted)
Existing divisions and districts maintained till altered.
CHAPTER III POWERS OF COURTS
29-A. [emitted],
29-B. Jurisdiction in the cases of juveniles.
CHAPTER V
OF ARREST, ESCAPE AND RETAKING
CHAPTER VI OF PROCESSES To COMPEL APPEARANCE
93-B. Sending of warrants for execution outside Pakistan.
93-C. Service and execution in Pakistan of processes received from outside Pakistan.
CHAPTER VII
OF PROCESSES TO COMPELL THE PRODUCTION OF DOCUMENTS AND OTHER MOVABLE PPORERTYAND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED
99-C. [Omitted].
99-D. Order of [High Court] setting aside forfeiture.
99-E. Evidence to prove nature or tendency of newspaper.
99-F. Procedure in High Court.
99-G. Jurisdiction barred.
CHAPTER VIIl
OF SECURITY FOR KEEPING THE PEACE AND FOR GOOD
BEHAVIOUR
126-A.Security for un-expired period of bond.
CHAPTER IX
UNLAWFUL ASSEMBLIES
[AND MAINTENANCE OF PUBLIC PEACE AND SECURITY]
131-A.Power to use military force for public security and maintenance of law and order.
132-A. Definitions. CHAPTER X
PUBUC NUISANCES
CHAPTER XI
TEMPORARY ORDERS IN URGENT CASES OF NUISANCE OR
APPREHENDED DANGER
CHAPTER XII
DISPUTES AS TO IMMOVABLE PROPERTY
CHAPTER XIII.
PREVENTIVE ACTION OF THE POLICE
PART V
INFORMATION TO POLICE AND THEIR POWERS TO INVESTIGATE
CHAPTER XIV
PROCEEDINGS IN PROSECUTIONS
CHAPTER XV
OF THE JURISDISTION OF THE CRIMINAL COURTS OF INQUIRES AND
TRIALS
Theft.
Kidnapping and abduction.
199-A. Objection by lawful guardian to complaint by person other than person aggrieved.
199-B. Form of authorisation under second proviso to Section 198 or 199. CHAPTER XVI
OF COMPLAINTS TO MAGISTRATES
CHAPTER XVII
OF THE COMMENCEMENT OF PROCEEDINGS BEFORE COURT
CHAPTER XVIII