A. Classes of Criminal Courts
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 [Repealed].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.
93-B. Sending of warrants for execution outside Pakistan.
93-C. Service and execution in Pakistan of processes received from 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.
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
E-- Miscellaneous
PART IV
PREVENTION OF OFFENCES
CHAPTER VIIl
OF SECURITY FOR KEEPING THE PEACE AND FOR GOOD
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.
126-A.Security for un-expired period of bond.
144. Power to issue order absolute at once tri urgent cases of nuisance or apprehended danger.
PART VI
PROCEEDINGS IN PROSECUTIONS
CHAPTER XV
A-Place of Inquiry or trial
OF INQUIRY INTO CASES TRIABLE BY THE COURT OF SESSION OR HIGH COURT
206 to 220. (Omitted)
Form Of Charges
Joinder of charges
249-A. Power of Magistrate to acquit accused at any stage.
Frivolous Accusations in cases tried by Magistrate
250. False, frivolous or vexatious accusations. 250-A. Special summons in case of petty offences.
251-259. [Omitted].
265-A. Trials before Court of Session to be conducted by Public Prosecutors.
265-B. Procedure in cases triable by High Courts and Courts of Session.
265-C. Supply of statements and documents to the accused.
265-D. When charge is to be framed.
265-E. Plea.
265-F. Evidence for prosecution.
265-G. Summoning up by prosecutor and defence.
265-H. Acquittal or conviction.
265-1. Procedure in case of previous conviction.
265-J. Statement under Section 164 admissible. .
265-K. Power of Court to acquit accused at any stage.
265-L. Power of Advocate-General to stay prosecution.
265-M. Time of holding sittings.
265-N. Place of holding sittings.
266--336. [Omitted].
366. Sentence of death.
562.
402-B. Certain restrictions on the exercise of powers by Provincial Government. 402-C. Remission or commutation of certain sentences not to be without consent.
403. Person once convicted or acquitted not to be tried for same offence.
432--434. [Omitted].
443-463. [Omitted].
466. Procedure on accused appearing before Magistrate or Court.
488-490. [Omitted}.
491. Power to issue directions of the nature of a habeas corpus. 491-A. [Omitted]
516-A. Order for custody and disposal of property pending trial in certain cases.
[Omitted]
538- Attachment not illegal, person making same not trespasser for defect or want of form in proceedings. CHAPTER XLVI MISCELLANEOUS
Previously convicted offenders
565. Order for notifying address of previously convicted offender. SCHEDULE I.-[Repealed].
SCHEDULE II.-Tabular Statement of Offences.
SCHEDULE III.- Ordinary Powers of Provincial Magistrates.
SCHEDULE IV. Additional Powers with which Magistrates may be invested.
SCHEDULEV. Forms.
[22nd March, 1899]
Preamble: Where as it is expedient to consolidate and amend the law relating to criminal Procedure, it is hereby enacted as follows.
PRELIMINARY
1. Short Title and Commencement: (1) This Act may be called the Code of Criminal Procedure, 1898; and it shall come into force on the first day of July 1898.
(2) Extent: It extends to the whole of, Pakistan but, in the absence of any specific provision to the contrary, nothing herein, contained shall affect any special or local law, new in force, or any special jurisdiction or power conferred or any special form of procedure prescribe by any other law for the time being in force.
(2) Expressions in former Acts: In every enactment passed before this Code comes into force, the expressions "Officer exercising (or 'having') the powers (or the full powers) of a Magistrate," “Subordinate Magistrate First Class" and "Subordinate Magistrate, Second class" shall respectively be deemed to mean "Magistrate of the First class", "Magistrate
of the Second Class" and Magistrate of the Third Class".
And the expression “joint Sessions Judge” shall mean "Additional Sessions Judge".
4. Definitions: (1) In this Code the following words and expressions have the following meanings, unless a different intention appears from the subject or content:-
(a)"Advocate-General”: "Advocate-General” includes also a Government Advocate or, where there is no Advocate-General or Government Advocate, such officer as the Provincial Government may, from time to time, appoint in this behalf.
(m-a) "Magistrate" means a Judicial Magnate and includes a Special Judicial Magistrate appointed under Sections 12 and 14.
Clause m-a inserted. by Ordinance, XXXVII of 2001, dt.l3-8-2001.
(2): Words referring to acts: Words which refer to acts done, extend also to illegal omissions; and
words to have same meaning as in Pakistan Penal Code: All words and expressions used herein and defined in the Pakistan Penal Code, and not herein before defined, shall be deemed to have the meanings respectively attributed to them by that Code.
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.
CONSTITUTION AND POWER OF CRIMINAL COURTS AND OFFICES
CHAPTER II
A.------Classes of Criminal Courts
6. Classes of Criminal Courts and Magistrates: (1) Besides the High Courts and the Courts constituted under any law other than this Code for the time being in force, there shall be two classes of Criminal Courts in Pakistan, namely:-
[(2) There shall be the following classes of Magistrate, namely:-
(iii) Magistrate of the Third Class,]
S. 6 subs by them 2 of Punjab Notification No. SO(J-ll) 1-8/75 (P-v), dated ^f-3-1996 for Punjab and by same ltem No. of Islamabad Notification No. S.R.O. 255(1)/96. dated ;8-4"1996 for Islamabad only.
Sub Section (2) Subs. by Ordinance, XXXVII of 2001, dt.l3-8-2001.
B.----Territorial Divisions
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.
8. Power to divide districts into sub-divisions: (1) The Provincial Government may divide any district into sub-divisions, or make any portions of any such district a subdivision and may alter the limits of any sub-division.
(2) [Omitted by the Ordinance XXXVII of 2001 dt. 13-8-2001.]
C. —Courts and offices
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) Local limits of their jurisdiction: Except as otherwise provided .by .such definition, the jurisdiction and powers of such persons shall extend throughout such district.
Words ins. by Ordinance, XXXVII of 2001, dt.l3-8-2001.
(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term as the Provincial Government may, in consultation with the High Court, by general or special order, direct.
Sec. 14 substituted by Item No.6 Punjab Notification No. SO(J-II) 1-8/75 (P-V), dated 21.3.1996 for Punjab and by same Item No. of Islamabad Notification No. S.R.O. 255(1)96, dated 8.4.1996 for Islamabad only.
15. Benches of Magistrates: (1) The Provincial Government may direct any two or more 9[judicial Magistrates] in any place to sit together as a Bench, an may by order invest such Bench with any of the powers conferred.
or conferable by or under this Code on a Magistrate of First, Second or Third Class, and direct it to exercise such powers in such cases. or, such classes only, and within such local limits, as the Provincial Government thinks fit.
(2) Powers exercisable by Bench in absence of special direction: Except as otherwise provided by any order under this section, every such Bench shall have the powers conferred by this Code on a Magistrate of the highest class to which any one of its members, who is present taking part in the proceedings as a member of the Bench, belongs, and as far as practicable shall, for the purposes of this code, be deemed to be a Magistrate of such class.
16. Power to frame rules for guidance of Benches: The Provincial Government, may, from time to time make rules consistent with this Code for the guidance of Magistrate, Benches in any district respecting the following subjects:-
17. Subordination of Magistrates and Benches to Sessions Judge: (1) all Magistrates appointed under section 12, 13 and 14 and all Benches constituted under section 15, shall be subordinate to the Sessions Judge and he may, from time to time, make rules or give special orders consistent with this Code and any rules framed by the provincial government under Section 16, as to the distribution of business among such Magistrates and Benches.
(2) All Executive Magistrates appointed under sections 13 and 14 shall be Subordinate to the district Magistrate and he may, from time to time, make rules or give social orders consistent with this Code and any rules framed by the Provincial Government under section 16 as to the distribution of business among such Magistrates.
(2-A) Every Executive Magistrate (other than a Sub-Divisional Magistrate) in a subdivision shall also be subordinate to the Sub-Divisional Magistrate, subject, however to the general control of the District Magistrate.
Sub-sections (1) and (2) subs. by Item No.9(I) of Punjab Notification No.SO(J-II) 1-8/75 ((P-V), dated 21.3.1996 for Punjab and by same item No. of Islamabad Notification No.S.R.O. 255(I)/96, dated 8.4.1996 for Islamabad only.
D------Courts of Presidency Magistrates.
18 to 21: Appointment of Presidency Magistrates, Benches, Local limites of jurisdiction, Chief Presidency Magistrate: [Omitted by A.O., 1949, Sched.]
E.----Justices of the Peace
22. Justice of the peace for the mufassil: Provincial Government, so far as regards the territories subject to its Administration, may by notification in the official Gazette, appoint such persons resident within Pakistan and not being the subjects of an foreign State as it thinks fit to be Justices of the peace within and for the local area mentioned in such notification.
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 integrity and suitability it satisfied to be a justice of the peace for a local area to be specified in the notification, and more than one Justice of the Peace may be appointed for the same local area.
22-A. Powers of Justices of the Peace: A Justice on the Peace for any local area shall, for the purpose of making an arrest have within such area all the powers of a police officer referred to in section 54 and an officer-in-charge of a police station referred to in section
55.
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 tranquillity.
a) issue a certificate as to the identity of any person residing within such area, or b) verify any document brought before him by any such person, or
c) attest any such document required by or under any law for the time being in force to be attested by a Magistrate, and until the contrary is proved, any certificate so issued shall be presumed to be correct and any document so verified shall be deemed to be duly verified, and any document so attested shall be deemed to have been as fully attested as if he had been a Magistrate.
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 incharge 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 nder 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), Section 4]
25. Ex-Officio Justices of the Peace: In virtue of their respective officers, the judges of the High Court are Justices of the Peace within and for whole of Pakistan, Sessions Judges 17[***] are Justices of the Peace within and for the whole of the territories administered by the Provincial Government under which they are serving.
F-----Suspension and Removal
26 and 27. [Suspension and removal of Judges and Magistrates. Suspension and removal of Justices of the Peace]: [Rep. by A.O. 1937].
CHAPTER III
POWERS OF COURTS
A----Descritpion of offences cognizable by each Court.
28. Offences under Penal Code: Subject to the other provisions of this Code any offence under the Pakistan Penal Code may be tried--
© by any other Court by which such offence is shown in the eighth column of the Second Schedule to be triable.
Proviso: [Omitted by the Ordinance, XXXVII of 2001, dt. 13-8-2001.]
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.
Proviso: [Omitted by the Ordinance, XXXVII of 2001, dt. 13-8-2001.]
29-A [Omitted by (Act II of 1950).]
29-B. Jurisdiction in the cases of juveniles: Any offence, other than one punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before a Court is under the age of fifteen years, may be tried by any Judicial Magistrate specially empowered by the Provincial Government to exercise the powers conferred by Section 8, sub-section (1) of the Reformatory School Act, 1897, or, in any area in which the said Act is not applicable, by any other law providing for the custody, trial or punishment of youthful offenders, by any Magistrate empowered by or under such law to exercise all or any of the powers conferred thereby.
Section 29-B subs. by Item No.12 of Punjab Notification No.SO(J-II) 1-8/75(P.V), dated 21.3.1996 for Punjab and by same Item No. of Islamabad Notification No.S.R.O. 255(I)/96, dated 8.4.1996 for Islamabad only.
[30. Offences not punishable with death: Notwithstanding anything contained in Sections 28 and 29, the Provincial Government may invest any Magistrate of the First Class with power to try as a Magistrate all offences not punishable with death.]
Sec. 30 subs. by ordinance, XXXVII of 2001, dt: 13.8.2001.
B.---Sentences which may be passed by Courts of various Classes.
32. Sentences which Magistrates may pass: (1) The Courts of Magistrates may pass the following sentences namely:-
a) First | Courts of Magistrates of the Class; | Imprisonment for a term not exceeding three years including such solitary confinement as is authorized by law; Fine not exceeding forty five thousand rupees; arsh: daman whipping |
b) | Courts of Magistrates of the Second class; | Imprisonment for a term not exceeding one year including such solitary confinement as is authorised by law; Fine not exceeding fifteen thousand rupees; |
c) | Courts of Magistrates of the Third Class; | Imprisonment for a term not exceeding one month; Fine not exceeding three thousand rupees. |
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 authorised by law in case of such default:
(2) .The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awarded by the Magistrate under Section
32.
(2) Maximum term of punishment: In the case of consecutive sentences, sentences, it shall not be necessary for the Court, by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court:
Provided as follows:-
(3) For the purpose of appeal, the aggregate of consecutive sentence passed under this section in case of conviction for several offences at one trial shall be deemed to be a single sentences.
C---Ordinary and Additional Powers
Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001.
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.
Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001.
GENERAL PROVISIONS
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 [Justice of the Peace] or police officer reasonably demanding his aid,--
[Words inserted by Item No. 21 of Punjab Notification No. SO (J-ll) 1-8/75 (P.V.), dated 21-3-1996 for Punjab and by same Item No. of Islamabad Notification No. S.R.O. 255(l)/96, dated 8-4-1996 for Islamabad only].
165. 168, 170, 231, 232, 255, 302, 303, 304, 304,304-A, 364-A, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402. 435, 436, 449, 450, 456, 457, 458, 459, 460 and 489-A, shall, in the absence of reasonable excuse, the burden of proving which shall lie upon the person so aware, forthwith give information to the nearest Magistrate [Justice of the Peace] or police officer of such commission or intention.
Words subs- by Law Reforms Ordinance (XII of 1972).
Words inserted by Item No. 22 (//) of Punjab Notification No. SO (J-ll) 1-8/75 (P.V.), dated 21-3-1996 for Punjab and by same Item No of Islamabad Notification No. S.R.O. 255<1)/96, dated 8-4-1996 for Islamabad only.
Words inserted by Item No. 23 of Punjab Notification No. SO(J-11) l-5/75 (P.V.), dated 21-3-1996 for Punjab and by same Item No. of Islamabad Notification No. S:RO. 255(1)/96, dated 8-4-1996 for Islamabad only.
Subject to rules in this behalf to be made by the Provincial Government, the [District officer (Revenue)] from time to time' appoint one or more persons with his or their consent to perform the duties of a village-headman under this section whether a village-headman has or has not been appointed for that village under any other law. Words subs by Ordinance, XXXVIl of 2001, (dt. 13-8-2001).
CHAPTER V
OFARREST,ESCAPE AND RETAKING
A—Arrest generally
of an offence punishable with death or with [imprisonment for life]. Words subs, by Criminal Procedure (Amendment) Act, XXV of 1974
whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail.
The officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person and place in safe custody all articles, other than necessary wearing apparel, found upon him.
B.—Arrest without Warrant
54. When police may arrest without warrant: (1) Any police-officer may, without an order from a Magistrate and without a warrant arrest--
first, any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of his having been so concerned;
secondly, any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house breaking;
thirdly, any person who has been proclaimed as an offender either under this Code or by order of the Provincial Government;
fourthly, any person in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing ;
fifthly, any person who obstructs a police-officer while in the execution of his duty, or who has; escaped, or attempts to escape, from lawful custody ;
sixthly, any person reasonably suspected of being a deserter from the armed forces of Pakistan;
seventhly, any person who has been concerned in, or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been concerned in, any act committed at any place out of Pakistan, which, if committed in Pakistan, would have been punishable as an offence and for which he is under any law relating to extradition or otherwise liable to be apprehended or detained in custody in Pakistan;
eighthly, any released convict committing a breach of any rule made under Section 565, sub-section (3);
ninthly, any, person for whose arrest a requisition has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.
(2) [Omitted byA.0., 1949, Sch.].
55. Arrest of vagabonds, habitual robbers, etc.: (1) Any officer Incharge of a police station may in like manner, arrest or cause to be arrested--
56. Procedure when police officer deputes subordinate to arrest without warrant: (1) When any officer incharge of a police-station or any police-officer making an investigation under-Chapter XIV requires any officer subordinate, to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully, be arrested without a warrant, he shall deliver to the officer required to make the arrest, an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made. The officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.
(2) [Omitted by the AO., 1949, Sch.]
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 refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.
furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having
jurisdiction.
Words inserted by Law Reforms Ordinance, XII of 1972.
58. Pursuit of offenders into other jurisdiction: A police-officer may, for the purpose pf arresting without warrant any person whom he is authorized to arrest under this Chapter pursue such person into anyplace in Pakistan.
[Explanation: In this section, '''police-officer' includes a police-officer acting under this Code as in, force in Azad Jammu and Kashmir].
Explanation added by Code of Criminal Procedure (Amendment) Act, VIII of 1993
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.
[Provided that in the application of this sectionto the districts where the local Government elections have not been held or the Zila-Nazim has not assumed charge of office, any reference in this section to the Zila Nazim shall be read as a reference to the District Coordination Officer in relation to such districts: .
Provided further that the aforesaid proviso shall cease to have effect and shall be deemed to have been repealed at the time when Local Governments are installed in the districts As aforesaid.]
Substituted by Ordinance XXXVII of 2001, dt. 13.8.2001 Proviso added by Ordinance XLIII of 2001, dt. 29.8.2001
CHAPTER VI
OF PROCESSES TO COMPEL APPEARANCE
A -----Summons
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 Provincial Government may prescribe in this behalf by an officer of the Court issuing, it or other public servant:
[provided that the Court may, at the request of the complainant or the accused, allow him to serve the summons on his own witnesses.]
(3) [Omitted by A.O., 1949, Sch.] Proviso added by Law Reforms Ordinance. 1972.
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) Such signature shall be evidence of due service.
case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in manner provided by section 69 and section 70) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.
(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court.
B.---Warrant of Arrest
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.
(2) Continuance of warrant of arrest: Every such warrant shall remain in force until cancelled by the Court which issued it, or until it is executed.
76. Court may direct security to be taken: Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person execute a a bond with sufficient sureties for his attendance before the court at a specified time and thereafter, until otherwise directed by the Court, the officer to the warrant is directed shall take such security and shall release such person from custody.
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 .police-officer is immediately available, direct it to any other person or persons, and such person or persons shall execute the same.
(2) Warrants to several persons: When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more, of them.
78. Warrant may be directed to landholders, etc.: (1) A [Magistrate of the First Class] may direct a warrant to any landholder, farmer or manager of land within the district or sub-division for the arrest of any escaped convict, proclaimed offender or person who has been accused of a non-bailable offence, and who has eluded pursuit.
Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001
[Explanation : In this section, "warrant of arrest" includes a warrant of arrest issued under this Code as in force in Azad Jammu and Kashmir]
Explan. added by Code of Criminal Procedure (Amendment) Act. Vlll of 1993.
83. Warrant forwarded for execution outside jurisdiction: (1) When a warrant is to be executed outside the local limits of the jurisdiction of the Court issuing the same such Court may, instead of directing such warrant to a police-officer, forward the same by post or otherwise to any Magistrate or District Superintendent of Police within the local limits of whose jurisdiction it is to be executed.
(2) The Magistrate or District Superintendent to whom such warrant is so forwarded shall endorse his name thereon and, if practicable, cause it to be executed in manner hereinbefore provided within the local limits of his jurisdiction.
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 locate limits of the jurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement either to a Magistrate or to a police-officer not below the rank of an officer-in-charge of a police station, within the local limits of whose jurisdiction the warrant is to be executed.
Provided that, if the offence is bailable, and such person is ready and willing to give bail to the satisfaction of such Magistrate, or District Superintendent or a direction has been endorsed under Section76 on the warrant and such person is ready and willing to give the security required by such direction, the Magistrate, or District Superintendent shall take such bail or security as the case may be, and forward the bond to the Court which issued the warrant:
[provided further that, if the offence is not bailable or no direction has been: endorsed under Section 76 on the warrant, the Sessions .Judge of the sessions division in which the person is arrested may, subject to the provisions of Section 497 and for sufficient reasons, release, the person on an interim bail on such bond or security, as the Sessions Judge thinks fit and direct the person to appear by a specified date before the Court which issued the warrant and forward the bond to that Court]
2nd Proviso added by Law Reforms Ordinance, XII of 1972
(2) Nothing in this section shall be deemed to prevent a police-officer from taking security under Section 76.
[86-A. Procedure for removal in custody to Tribal Areas: Where a person, arrested under Section 85 is to be removed in custody to, any place in the Tribal Areas, he shall be produced before a Magistrate within the local limits of whose jurisdiction the arrest was made, and such Magistrate in directing the removal shall hear the case in the same manner and have the same jurisdiction and powers, as nearly as may be, including the powers to order the production of evidence, as it the person arrested were charged with an offence committed within the jurisdiction of such Magistrate, and such Magistrate shall direct the removal of the arrested person in custody if he is satisfied that the evidence produced before him raises a strong or probable presumption that the person arrested committed the offence mentioned in the warrant.
Section 86-A added by Law Reforms Ordinance, XII of 1972.
C.—Proclamation and Attachment
87. Proclamation for person absconding: (1) If any Court is satisfied after taking evidence that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.
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.
(6-A) If any claim is preferred to or objection made, to the attachment of any property attached under this section within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under this section, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part :
Provided that any claim preferred or objection made within the period allowed by this subsection may, in the event of the death of the claimant or objector, be continued by his legal representative.
(6-B) Claims or objections under sub-section (6-A) may be preferred, or made in the Court by which the order of attachment is issued or, if the claim or objection is in respect of property attached under an order endorsed by a [Sessions Judge] in accordance with the provisions of sub-section (2) in the Court of such Magistrate.
(6-C) Every such claim or objection shall be inquired into by the Court [or Magistrate] in which it is preferred or made.
Proviso: [Omitted by Ordinance, XXXVII of 2001, dt. 13-8-2001.]
(6-D) Any person whose claim or objection has been disallowed in whole or in part by an order under sub-section (6-A) may within a period of one year from the date of such order, institute a suit to establish the right which he claims in respect of the property in dispute; but subject to the result of such suit, if any, the order shall be conclusive.
(6-E) If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment.
(7) If the proclaimed person does not appear within the time specified in the proclamation, the property under attachment shall be at the disposal of the Provincial Government but it shall not be sold until the expiration of Six months from the date of the attachment and until any claim preferred or objection made under sub-section (6-A) has been disposed of under that sub-section, unless if is subject to speedy and natural decay, or the Court considers that the sale would be for the benefit of the owner, in either of which cases the Court may cause it to be sold whenever it thinks fit.
Subs./ins. by Ordinance, XXXVII of 2001, dt. 13-8-2001.
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 Provincial Government, under sub-section (7) of Section 88 appears voluntarily or is apprehended and brought before the Court by whose order the property was attached; or the Court to which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding, execution of the warrant and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property or, if the same has been sold, the net proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue of the property, shall after satisfying thereout all costs incurred in consequence of the attachment, be delivered to him.
D.—Other Rules regarding Processes
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 other than a juror or assessor, issue, after recording its reasons in writing, a warrant for his 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: (1) Where a Court in Pakistan desires that a summons issued by it to an accused person shall be served at any place outside Pakistan within the local limits of the jurisdiction of a Court established or continued by the authority of the Federal Government in exercise of its foreign jurisdiction it shall send such summons, in duplicate, by post or otherwise, to the presiding officer of that Court to be served.
(2) The provisions of Section 74 shall apply in the case of a summons sent for service under this section as if the presiding officer of that Court to whom it was sent were a Magistrate in Pakistan,
93-B. Sending of warrants for execution outside Pakistan: Notwithstanding anything contained in Section 82, where a Court in Pakistan desires that a warrant, issued by it for the arrest of an accused person shall be executed at any place outside Pakistan within the local limits of the jurisdiction of a Court established or continued by the authority of the Federal Government in exercise of its foreign jurisdiction, it may send such Warrant, by post or otherwise, to the presiding officer of that Court to be executed.
93-C. Service and execution in Pakistan of processes received from outside Pakistan: (1) Where a Court has received for service or execution a summons to, or a warrant for the arrest of, an accused person issued by a Court established or continued by the authority of the Federal Government in exercise of its foreign jurisdiction, outside Pakistan it shall cause the same to be served or executed as if it were a summons or warrant received by it from a Court in Pakistan for service or execution within the local limits of its jurisdiction-
(2) Where any warrant of arrest has been so executed the person arrested shall so far as possible be dealt with in accordance with the procedure prescribed by Sections 85 and 86.]
Sections 93-A--93-C added by Code of Criminal Procedure (Amendment) Act. XIV of 1914.
CHAPTER VII
OF PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS AND
OTHER MOVABLE PROPERTY AND FOR THE DISCOVERY OF
PERSONS WRONGFULLY CONFINED
A—Summons to produce
94. Summons to produce document or other thing: (1) Whenever any Court, or, any officer incharge of a police-station considers that the production of any document or other thing is necessary or desirable for the purposes of ,any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it or to produce it, at the time and place stated in the summons or order:
Provided that no such officer shall issue any such order requiring the production of any document or other thing which is in the custody of a bank or banker as defined in the Banker's Books Evidence Act, 1891 (XVII of 1891), and relates, or might disclose any information which relates to the bank account of any person except--
95. Procedure as to letters and telegrams: (1) If any document, parcel or thing in such custody is, in the opinion of any Magistrate, High Court or Court of Session wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Code, such Magistrate or Court may require the Postal or Telegraph Authorities, as the case may be, to deliver such document, parcel or thing to such person as such Magistrate or Court directs.
(2) If any such document, parcel or thing is, in the opinion of any Other Magistrate, or District Superintendent of Police wanted for any such purpose he may require the Postal or Telegraph Department, as the case may be, to cause search to be made for and to detain such document, parcel or thing pending the orders of any such Court.
B. —Search-warrants
96. When search warrant may be issued: (1) Where any Court has reason to believe that a person to whom a summons or order under Section 94 or a requisition under Section 95, sub-section (1), has been or might be addressed, will not or would not produce the document or thing as required by such summons or requisition,
or where such document or thing is not known to the Court to be in the possession of any person,
or where the Court considers that the purposes of any inquiry, trial or other proceedings under this Code will be served by a general search or inspection,
it may issue a search-warrant; and the person to whom such warrant is directed, may Search or inspect in accordance therewith and the provision hereinafter contained, [Omitted by the Ordinance XXXVII of 2001, dt. 13.8.2001]
(1) If a Magistrate of the First Class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property,
or for the deposit or sale or manufacture of forged documents, false seals or counterfeit stamps, [bank notes, currency notes] or coins or instruments or materials for counterfeiting coin or stamps, [bank notes or currency notes] for forging, or that any forged documents, false seals or counterfeit stamps, [bank notes, currency notes] or coins, or instruments or materials for counterfeiting coins or Stamps or [bank notes. currency notes] for forging, are kept or deposited in any place, .
or for the deposit, sale, manufacture or production of any obscene object such as is referred to in Section 292 of the Pakistan Penal Code or that any such obscene objects are kept or deposited in any place ;
he may by his warrant authorize any police-officer above the rank of a constable-
Words subs. by Law Reforms Ordinance, (XII of 1972)
99. Disposal of things found in search beyond jurisdiction: When, in the execution of a search-warrant at any place beyond the local limits of the jurisdiction of the Court which issued the same any of the things for which search is made are found, such things together with the list of the same, prepared under the provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant unless such place is nearer to the Magistrate having jurisdiction herein than to such Court, in which case the list and things shall be immediately taken before such Magistrate; and unless there be good cause to the contrary, such Magistrate shall make an order authorizing them to he taken to such Court.
99-A. Power to declare certain publications forfeited and to issue search-warrants for the same: (1) Where-
Substituted by Law Reforms Ordinance (XlI of 1972).
Inserted by Anti-Islamic Activities of Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance (XX of 1984).
33. Inserted by Anti-Islamic Activities of Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance (XX of 1984),
99-B. Application to High Court to set aside order of forfeiture: (1) Any person having any interest in any newspaper, book or other document, In respect of which an order of forfeiture has been made under Section 99-A [or any other law for the time being in force] may, within two months from the date of such order, apply, to the High Court to set aside such order on the ground that the issue of the newspaper, or the book or other document in respect of which the order was made, did not contain any treasonable or seditious or other matter of such a nature as is referred to in sub-section (1) of Section 99-A.
[(2) Nothing in subsection (1), shall apply to a case where the order of forfeiture has been made--
(a) in respect of a newspaper, book or other document printed outside Pakistan ; or
(b} in respect of a newspaper, book or other document on the conviction in respect of such newspaper, book or other document, of the author or editor thereof for any of the offences referred to in sub-section (1) of Section 99-A.]
99-C. [Omitted by Law Reforms Ordinance, XII of 1972].
99-D. Order of [High Court] setting aside forfeiture: (1) On receipt of the application, the [High Court] shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made,: contained treasonable or seditious or other matter of such a nature as is referred to in sub-section
99-E. Evidence to prove nature or tendency of newspaper: On the hearing of any such application with reference to any newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper, in respect or which the order of forfeiture was made.
99-F. Procedure in High Court: Every High Court shall as soon as conveniently may be, frame rules to regulate the procedure in the case of such applications, the amount of the costs thereof and the execution of orders passed thereon, and until such rules are framed, the practice of such Courts in proceedings other than suits and appeals shall apply, so far as may be practicable to such applications.
99-G. Jurisdiction barred: No order passed or action taken under Section 99-A shall be called in question in any Court otherwise than in accordance with the provisions of Section 99-B.
C.—Discovery of persons wrongfully confined
100. Search for persons wrongfully confined: If any Magistrate of the First Class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.
D. -Genera/ Provisions relating to Searches
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.
E. —Miscellaneous
PART IV
PREVENTION OF OFFENCES
CHAPTER VIII
OPSECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
A. —Security for keeping the Peace on Conviction
106. Security for keeping the peace on conviction: (1) Whenever any person accused of any offence punishable under Chapter VIll of the Pakistan Penal Code, other than an offence punishable under Section 143, Section 149, Section 153-A or Section 154 thereof, or of .assault or other offence involving a breach of the peace, or of abetting the same, or any person accused of committing criminal intimidation, is convicted of such offence before a High Court, a Court of Session, or the Court of a Magistrate of the First Class,
and such Court is of opinion that it is necessary to require such person to; execute a bond for keeping the peace, such Court may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means, with or without sureties, for keeping the peace during such period/not exceeding three years, as it thinks fit to fix.
exercising its powers of revision. Words subs. by Law Reforms Ordinance (XII of 1972).
B-Security for keeping the peace in other cases and security for good behaviour
107. Security for keeping the peace in other cases: Whenever [Magistrate of the First Class] is informed that any person is likely to commit a breach of the peace, disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity, the Magistrate if in his opinion there is sufficient ground for proceeding may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace for such period not exceeding one year as the Magistrate thinks fit to fix.
Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001.
108. Security for good behaviour from persons disseminating seditious matter: Whenever [Magistrate of the First Class] has information that there is within the limits of his jurisdiction any person who, within or without such limits, either orally or in writing or in any other manner intentionally disseminates or attempts to disseminate, or in any wise abets the dissemination of-
such Magistrate if in his opinion there is sufficient ground for proceeding may (in manner hereinafter provided) require such person to show cause why he should not be ordered to execute a bond with or without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit to fix.
No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, [the provisions of the Press and Publications Ordinance, 1960, the West Pakistan Press and Publications Ordinance, 1963, or any other law relating to Press and Publication for the time being in force] with reference to any matters contained in such publication, except by the order or under the authority of the Provincial Government or some officer empowered by the Provincial Government in this behalf.
Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001 Words subs. by Law Reforms Ordinance (XIl of 1972).
109. Security for good behaviour from vagrants and suspected persons: Whenever a [Magistrate of the First Class] receives information-
such Magistrate may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding [three years,] as the Magistrate thinks fit to fix.
Subs. by Ordinance, XXXVtl of 2001, dt. 13-8-2001.
Substituted for the words "one year" by Item 44 (ii) of Punjab Notification No. SO(J-11) 1-8/75 (P-V), dated 21-3-1996 for
Punjab and by same Item No- of Islamabad Notification No. S.R.O. 255(i)/96, dated 8-4-1996 for Islamabad only,
110. Security for good behaviour from habitual offenders: Whenever a [Magistrate of the First Class] receives information that, any person within the local limits of his jurisdiction—
such Magistrate may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit to fix.
Subs by Ordinance, XXXVII of 2001, dt. 13-8-2001.
[(2) Such inquiry shall be made, as nearly as may be practicable, in the manner prescribed in Chapter XX for conducting trial and recording evidence except that no charge need be framed].
Sub-sec. (2) substituted by Law Reforms Ordinance (XII of 1972).
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;
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.
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.
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.
Provided that the period (if any) for which any person is imprisoned for failure to give security shaft not exceed three years.
(3-A) If security has been required in the course of the same proceedings from two or more persons in respect of any one of whom the proceedings are referred to the Sessions Judge under sub-section (2), such reference shall also include the case of any other of such persons who has been ordered to give security, and the provisions of sub-sections
124. Power to release persons imprisoned for failing to give security: (1) Whenever the [Sessions Judge] is of opinion that any person imprisoned for failing to give security under this Chapter may be released without hazard to the community or to any other person, he may order such person to be discharged.
Unless such person then gives security in accordance with the terms of the original order for the unexpired portion of the term for which he was in the first instance committed or ordered to be detained (such portion being deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date on which, except for such conditional discharge, he would have been entitled to release), the [Sessions Judge] may remand such person to prison to undergo such unexpired portion.
A person remanded to prison under this sub-section shall, subject to the provisions of Section 122 be released at any time on giving security in accordance with the terms of the original order for the unexpired portion aforesaid to the Court or Magistrate by whom such order was made, or to its or his successor.
Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001.
125. Power to District Magistrate to cancel any bond for keeping the peace or good behaviour: The [Sessions Judge] may, at any time, for Sufficient reasons to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under this Chapter by order of any Court in his district riot superior to his Court.
Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001.
126. Discharge of sureties: (1) Any surety for the peaceable Conduct or good behaviour of another person may at any time apply to [concerned Magistrate of the First Class] to cancel any bond executed under this Chapter within the local limits of his jurisdiction.
(2) On such application being made, the Magistrate shall issue his summons or warrant, as he thinks fit, requiring the person for whom such surety is bound to appear or to be brought before him.
Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001.
[126-A. Security for unexpired period of bond: When a person for whose appearance a warrant or summons has been issued under the proviso to sub-section (3) of Section 122 or under Section 126, sub-section (2), appears or is brought before him, the Magistrate shall cancel the bond executed by such person and shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the same description as the original security. Every such order shall, for the purposes of Sections 121, 122, 123 and 124 be deemed to be an order made under Section 106 or Section 118, as the case may be.]
S. 126-A. inst. by Code of Criminal Procedure (Amendment) Act, XVIII of 1923.
CHAPTER IX
UNLAWFUL ASSEMBLIES AND MAINTENANCE OF PUBLIC PEACE
AND SECURITY
127. Assembly to disperse on command of Magistrate or police officer: (1) Any officer incharge of a police station may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse; and it shall thereupon be the duty of the members of such assembly to disperse accordingly.
(2) [Omitted by A.O., 1949, Sch.]
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 officer incharge of a police-station, may proceed to disperse such assembly by force and may require the assistance of any male person, not being an officer, soldier, sailor or airman in the Armed Forces of Pakistan and, acting as such, for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, in order to, disperse such assembly or that they may be punished according to law:
[provided that for diapering any assembly, firing shall not be resorted to except under the specific directions of an officer of the police not below the rank of an Assistant Superintendent or Deputy Superintendent of Police.]
Proviso added by the Ordinance. XXXVII of 2001. dt. 13-8-2001.
(2) Every such officer shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons.
Sub-sec: (1) substituted by Code of Criminal Procedure (Amendment) Act, XLIX of 1975. Subs. & ins. by Ordinance, XXXVII) of 2001, dt. 13-8-2001.
131. Power of commissioned military officers to disperse assembly: When the public security is manifestly endangered by any such assembly, and when [no police officer of the highest rank not below an Assistant Superintendent, or Deputy Superintendent, of Police] can be communicated with, any commissioned officer of the Pakistan Army may disperse such assembly by military force, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that they may be punished according to law; but if, white, he is acting under this section, it becomes practicable for him to communicate with [a Police officer not below the rank of Assistant Superintendent or Deputy Superintendent of Police.] he shall do so, and shall thenceforward obey the instructions of the [such Police officer] as to whether he shall or shall not continue such action.
[131-A. Power to use military force for public security and maintenance of law and order: (1) If the Provincial Government is satisfied that, for the public security, protection of life and property, public peace and the maintenance of law and order, it is necessary to secure the assistance of the armed forces; the Provincial Government may require, with the prior approval of the Federal Government, or the Federal Government may, on the request of the Provincial Government, direct, any officer of the armed forces or civil armed forces to render such assistance with the help of the forces under his command, and such assistance shall include the exercise of powers specified in Sections 46 to 49, 53,54, 55
Section 131-A inserted by Code of Criminal Procedure (Second Amendment) Ordinance, LXI of 1996, Section 3. Subs. & ins. by Ordinance, XXXVII) of 2001, dt. 13-8-2001.
132. Protection against prosecution for acts done under this Chapter: No prosecution against any person for any act purporting to be done under this Chapter shall be instituted in any Criminal Court, except with the sanction of the Provincial Government; and
Provided that no such prosecution shall be instituted in any Criminal Court against any officer or [sailor or airman in the armed forces] except with the sanction of the Federal Government.
Words inserted by Code of Criminal Procedure (Second Amendment) Order, LXt of 1996, Section 5.
[l32-A. Definitions: In this Chapter--
S. 132-A inserted by Code of Criminal Procedure (Amendment) Act, XUX of 1975, Sections-
CHAPTER X
PUBLIC NUISANCES
133. Conditional order for removal of nuisance: (1) Whenever a [Magistrate of the First Class] considers, on receiving a police-report or other information and on taking such evidence (if any) as he thinks fit, that any unlawful obstruction or nuisance should be removed from any way, river or channel which is or may be lawfully used by the public, or from any public place, or
that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and: that in consequence of such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated, or that the construction of any building, or the disposal of any substance, as is likely to occasion conflagration or explosion, should be prevented or stopped, or
that any building, tent or structure, or any tree is in such a condition that it is likely to fait and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary, or
that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public, or
that any dangerous animal should be destroyed, confined or otherwise disposed of,
such Magistrate may make a conditional order requiring the person causing-such obstruction or nuisance or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order,
to remove such obstruction or nuisance; or
to desist from carrying on, or to remove or regulate in such manner as maybe directed, such trade or occupation, or
to remove such goods or merchandise, to regulate the keeping thereof in such manner as may be directed; or
to prevent or stop the erection of, or to remove, repair or support, such building, tent or structure; or
to remove or support such tree, or to alter the disposal of such substance; or
to fence such tank, well or excavation, as the case may be; or .
to destroy, confine or dispose of such dangerous animal in the manner provided in the said order;
or, if he objects so to do,
to appear before himself or some other [Magistrate of the First Class] or Second Class, at a time and place to be fixed by the order, and move to have the order set aside or modified in the manner hereinafter provided.
(2) No order duty made by a Magistrate under this section shall be called in question in any Civil Court.
Explanation : A "public place" includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes.
Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001.
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.
(2) If such order cannot be so served, it shall be notified by proclamation published in such manner as the Provincial Government may by rule direct, and a copy thereof shall be stuck up at such place or places as may be fittest for conveying the information to such person.
135. Person to whom order is addressed to obey or show cause or claim jury: The person against whom such order is made shall
Words subs. by Law Reforms Ordinance, XII of 1972.
138. Procedure when he claims Jury : (1) On receiving an application, under Section 135 to appoint a jury, the Magnate shall;
139. Procedure where jury finds Magistrate's order to be reasonable: If the jury or a majority of the jurors find that the order of the Magistrate is reasonable and proper as originally made, or subject to a modification which the Magistrate accepts, the Magistrate shall make the order absolute, subject to such modification (if any).
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.
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 w not, issue such an injunction to the person against whom the order was made, as is required to obviate or prevent such danger or injury pending the determination of the matter.
143. Magistrate may prohibit repetition or continuance of public nuisance: A [Magistrate of the First Class]; may order any person not to repeat or continue a public nuisance, and defined in the Pakistan Penal Code or any special or Local law.
Subs by Ordinance, XXXVII of 2001, dt. "13-8-2001,
CHAPTER XI
TEMPORARY ORDERS IN URGENT CASES OF NUINANCE OR
APPREHANDED DANGER
144. Power to issue order absolute at once in urgent cases of nuisance or apprehended danger: (1) in cases where, in the opinion of [the Zila Nazim upon the written recommendation of the District Superintendent of Police or Executive District Officer] there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable.
[the Zila Nazim] may, by a written order stating the material facts of the case and served in manner provided by Section 134, direct any person to abstain from a certain act or take certain order with certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, or clanger to human life, health or safety, or a disturbance of the public tranquillity, or a riot, or an affray.
[(7) In the application of sub-sections (1) to (6) to the districts where the local Government elections have not been held, or the Zila Nazim has not assumed charge of office, any reference in those provisions to the Zila Nazim shall be read as a reference to the District Coordination Officer in relation to such districts:
Provided that this sub-section shall cease to have effect, and shall be deemed to have been repealed, at the time when local Governments are installed in the districts as aforesaid.]
Subs. by Ordinance. XXXVII of 2001, dt. 13-8-2001.
Sub-section (7) 2 Proviso added by Ordinance, XLMI of 2001, . dt. 29-8-2001.
CHAPTER XII
DISPUTES AS TO IMMOVABLE PROPERTY
145. Procedure where dispute concerning land, etc., is likely to cause breach of peace: (1) Whenever a [Magistrate of the First Class] is Satisfied from a police report or other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof within the local limits of his jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, within a time to be fixed by such Magistrate and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.
Provided that, if it appears to the Magistrate that any party has within two months next before the date of such order been forcibly and wrongfully dispossessed, he may treat the party so dispossessed as if he had been in possession at such date:
Provided also, that if the Magistrate considers the case one of emergency, he may at any time attach the subject of dispute, pending his decision under this section.
Subs. & omitted by Ordinance, XXXVII of 2001, dt-13-8-2001.
146. Power to attach subject of dispute: (1) If the Magistrate decides that none of the parties was then in such possession, or is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach it until a competent, Court has determined the rights of the parties thereto, or the person entitled to possession thereof:
Provided that the Magistrate who had attached the subject of dispute may withdraw the attachment of any item if he is satisfied that there is no longer any likelihood of a breach of the peace in regard to the subject of dispute.
(2) When the Magistrate attaches the subject of dispute. he may, if he thinks fit and if no receiver of the property, the subject of dispute, has been appointed by any Civil Court appoint a receiver thereof, who, subject to the control of the Magistrate, shall have all the powers of a receiver appointed under the Code of Civil Procedure, 1908:
Provided that, in the event of a receiver of the property, the subject of dispute, being subsequently appointed by any Civil Court, possession shall be made over to him by the receiver appointed by the Magistrate, who shall thereupon be discharged.
147. Dispute concerning rights of use of immovable property, etc.: (1) Whenever any [Magistrate of the First Class] is satisfied, from a police-report or other information that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of any land or water as explained in Section 145, sub-section (2) (whether such rights be claimed as an easement or otherwise) within the local limits of his Jurisdiction, he may make an order in writing stating the grounds of his being so satisfied and requiring the parties concerned in such dispute to attend the Court in person or by pleader within a time to be fixed by such Magistrate and to put in writing statements of their respective claims, and shall thereafter inquire into the matter in the manner provided in Section 145, and the provisions of that section shall, as far as may be, be applicable in the case of such inquiry.
Subs, by Ordinance, XXXVII of 2001. dt. 13-8-2001.
148. Local inquiry: (1) Whenever a local inquiry is necessary for the purposes of this Chapter, 44[a Sessions Judge] may depute any Magistrate subordinate to him to make the inquiry and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.
Subs. by Ordinance, XXXVIl of 2001, dt. 13-8-2001
CHAPTER XIII
PREVENTIVE ACTION OF THE POLICE
(2) If he finds in such place any weights, measures or instruments for weighing which are raise, he may seize the same, and shall forthwith give information of such seizure to a Magistrate having jurisdiction.
PART V
INFORMATION TO POLICE AND THEIR POWERS TO INVESTIGATE
CHAPTER XIV
Words subs. by Law Reforms Ordinance. XH of 1972.
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-office in any such case shall at any stage be called in question on the ground that the case was one, which such officer was not empowered under this section to investigate.
Any Magistrate empowered under Section 190 may order such an investigation as above mentioned.
[(4) Notwithstanding anything contained in sub-sections (2) or (3) no police-officer shall investigate an offence under Section 497 or Section 498 of the Pakistan Penal Code, except upon a complaint made by the husband of the woman, or, in his absence by some person who had the care of such woman on his behalf at the time when such offence was committed.]
Sub-section (4) added by Law Reforms Ordinance, XII of 1972.
157. Procedure where cognizable offence suspected: (1) If from information received or otherwise, an officer incharge of a police-station has reason to suspect the commission of an offence which he is empowered under Section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police-report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the Provincial Government may, by general or special order, prescribe in this behalf to proceed, to the spot, to investigate the facts and circumstance of the case, and, if necessary, to take measures for the 'discovery and arrest of the offender:
Provided as follows: --
158. Reports under Section 157 how submitted: (1) Every report sent to a Magistrate under Section 157 snail, if the Provincial Government so, directs, be submitted through such superior officer of police as the Provincial Government, by general or special order, appoints in that behalf.
(2) Such superior officer may give such instructions to the officer incharge of the police-station as he thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate.
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 re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination:
Provided further, that, if the Court is of opinion that any part of any such statement is not relevant to the subject-matter of the Enquiry or trial or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interests, it shall record such opinion (but-not the reasons therefore) and shall exclude such part from the copy of the statement furnished to the accused.
(2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of Section 32, clause (1) of the Evidence Act, 1872 or to affect the provisions of Section 27 of that Act.
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.
(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.
[(1-A) Any such statement may be recorded by such Magistrate in the presence of the accused, and the accused given an opportunity of cross-examining the witness making the statement],
voluntarily; and when he records any confession, he shall make a memorandum at the foot of such record to the following effect:--
"I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him-
(Signed) A.B. Magistrate.
Explanation: It is not necessary that the Magistrate receiving and recording a confession or statement should be a Magistrate having Jurisdiction in the case.
Sub-section (1-A) added by Law Reforms Ordinance, XII of 1972.
165. Search by police-officer: (1) whenever an officer incharge of a police-station or a police-officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place within the limits of the police-station of which he is incharge, or to which he is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station:
Provided that no such officer shall search, or cause search to be made, for anything which is in the custody of a bank or banker as defined in the Bankers' Books Evidence Act, 1891 (XVIII of 1891), and relates, or might disclose any information which relates, to the bank account of any person except, --
Provided; that he shall pay for the same unless the Magistrate for Some special reason thinks fit to furnish it free of cost.
166. When officer incharge of police station may require another to issue search warrant: (1) An officer incharge of a police-station or a police-officer not being below the rank of sub-inspector making an investigation, may require an officer incharge of another police-station, whether in the same or a different district, to cause a search to be made in any place, in any case In which the former officer might cause such search to be made, within the limits of his own station.
Provided that he shall pay for the, same unless the Magistrate for some special reasons 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 nearest Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the game time forward the accused to such Magistrate.
Explanation : [Omitted by the Ordinance, XXXVII of 2001, dt. 13-8-2001.]
[(4) The Magistrate, giving such order shall forward copy of his order, with his reasons for making it, to the Sessions Judge].
[(5) Notwithstanding anything contained in Sections 60 and 61 or hereinbefore to the contrary, where the accused forwarded under sub-section (2) is a female, the Magistrate shall not except—in the cases involving QatI or dacoity supported by reasons to be recorded in writing, authorise-the detention of the accused in police custody, and the police officer making an investigation shall interrogate the accused referred to in subsection (1) in the prison in the presence of an officer of jail and a female police officer.
Provided that the accused shall not be kept out of the prison while in the custody of the police between sunset and sunrise].
Word subs. by Law Reforms Ordinance, XII of 1972.
Sub-sec. (4) subs. by Law Reforms Ordinance, XII of 1972.
Sub-sections (5) to (7) added by Code of Criminal Procedure (Second Amendment) Act. XX of 1994, 8.2,
171. Complainants and witnesses not to be required to accompany police-officer:
No complainant or witness on his way to the Court of Magistrate shall be required to accompany a police officer.
Complainants and witnesses not to be subjected to restraint: Or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond.
Reseusant complainant witness may be forwarded in custody: .Provided that, if any complainant or witness refuses to attend or to execute a bond as directed in Section 170, the officer |incharge of the police-station may forward him in custody to the Magistrate who may detain him in custody until he executes such bond, or until the hearing of the case is completed.
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 ©f the circumstances ascertained through his investigation.
(2) Any Criminal Court may send for the police-diaries of a case under inquiry or trial in such Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial. Neither the accused nor his agents shall be entitled to call for such diaries, nor shaft he or they be entitled to see them merely because they are referred to by the Court; but, if they are used by the police-officer who made them, to refresh his memory, or if the Court uses them for the purpose of contradicting such police-officer, the provisions of the Evidence Act, 1872, Section 161 or Section 145, as the case may be, shall apply.
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 incharge of the police-station shall [through the Public Prosecutor]--
[provided that, where investigation is not completed within a period of fourteen days from the date of recording of the first information report under Section 154, the officer incharge of the police station shall, within three days of the expiration of such period, forward to the Magistrate through the Public Prosecutor, an interim report in the form prescribed by the Provincial Government stating therein the result of the investigation made until then and the Court shall commence the trial on the basis of such interim report, unless, for reasons to be recorded, the Court decides that the trial should not so commence],
Provided that the same shall be paid for unless the Magistrate for some special reason thinks fit to furnish it free of cost.
[(5) Where the officer incharge of a police station forwards a report under sub-section (1), he shall along with the report produce the witnesses in the case, except the public servants, and the Magistrate shall bind such witnesses for appearance before him or some other Court on the date fixed for trial.]
Words added by Code of Criminal Procedure (Amendment) Act, XXV of 1992, S.2(i).
Proviso added by ibid., S. 2 (ii), dated 12-12-1992.
Sub-section (5) added by Code of Criminal Procedure (Amendment) Act, XXV of 1992.
174. Police to inquire to report in suicide, etc.: (1) The officer incharge of a police station or some other police officer specially empowered by the Provincial Government in that behalf, on receiving information that a person-
175. Power to summon persons: (1) A police-officer proceeding under Section 174 may, by order in writing summon two or more persons a& aforesaid for the purpose of the said investigation and any other person, who appears to be acquainted with the facts of the case. Every person so summoned shall be abound to attend and to answer truly, all questions other than Questions the answers to which would have a tendency to expose him to a criminal charge, or to a penalty or forfeiture.
(2) If the facts do not disclose a cognizable offence to which Section 170 applies, such persons shall not be required by the police officer to attend a Magistrate's Court.
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 disinterred and examined.
PART VI
PROCEEDINGS IN PROSECUTIONS
CHAPTER XV
OF THE JURISDICTION OF THE CRIMINAL COURTS OF INQUIRIES AND
TRIALS
A-Place of Inquiry or Trial
Notwithstanding anything contained in Section 177, the Provincial Government may direct that any cases or class of cases [in any district sent for trial to a Court of Session may be tried in any sessions division]:
[Provided that such direction is not repugnant to any direction previously issued by the High Court under Section 526 of the Code or any other law for the time being in force].
179. Accused triable in district where act is done or where consequence ensues:
When a person is accused of the commission of offence by reason of anything, which has been done, and of any consequence which has ensued, such offence may be inquired into or tried by a Court within the local limits of whose jurisdiction any such thing has been done, or any such consequence has ensued.
Illustrations
Words subs. by Law Reforms Ordinance, XII of 1972. Proviso subs. by Law Reforms Ordinance, XII of 1972.
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
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.
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 ah offence was committed, or where an offence
is committed partly in one local area and partly in another, or where an offence is a continuing one, and continues to be committed in more local areas than one, or where it consists of several acts done in different local areas.
it may be inquired into or tried .by a Court having jurisdiction over any of such local areas.
(2) Where two or more Courts not subordinate to the same High Court have taken cognizance of the same offence the High Court within the local limits of whose appellate criminal jurisdiction the-proceedings were first commenced may direct the trial of such offender to be held in any Court subordinate to it, and if so decides, all other proceedings; against such person in, respect of such offence shall be discontinued. If Such High Court, upon the matter, having been brought to its notice, does not so decide, any other High Court/within the local limits of whose appellate criminal jurisdiction such proceedings are pending may give a like direction, and upon its so doing all other such proceedings shall be discontinued.
186. Power to issue summons or warrant for offence committed beyond local jurisdiction: (1) When a Magistrate of the First Class Sees reason to believe that any person within the local limits of his jurisdiction has committed without such limits (whether, within or without Pakistan an offence which cannot under the provisions of Sections 177 to 184 (both inclusive), or any other law for the time being in force, be inquired into or tried within such local limits, but is under some law for the time being in force triable in Pakistan, such Magistrate may inquire into the offence as if it had been committed within such local limits and compel such person in manner hereinbefore provided to appear before him, and send such person to the Magistrate having jurisdiction to inquire into or try such offence, of, if such offence is bailable, take a bond with or without sureties for his appearance before such Magistrate.
(2) Magistrate's procedure on arrest: When there are more Magistrate then one, having such jurisdiction and the Magistrate acting under this section cannot satisfy himself as to the Magistrate to or before whom such person should be sent or bound to appear, the case shall be reported for the orders of the High Court.
187. Procedure where warrant issued by subordinate Magistrate: (1) If the person has been arrested under a warrant issued under Section 186 [the Magistrate issuing warrant shall send the arrested person to the Sessions Judge] to whom he is subordinate, unless the Magistrate having jurisdiction to inquire into or try such offence issues his warrant for the arrest of such person, in which case the person arrested shall be delivered to the police officer executing such warrant or shall be sent to the Magistrate by whom such warrant was issued.
(2) If the offence, for which the person arrested is alleged or suspected have committed, is one, which may be inquired into or tried by any Criminal-Court in the same district other than that of the Magistrate acting under Section 186, such Magistrate shall send person to such Court.
Words subs. by Law Reforms Ordinance, XII of 1972.
188. Liability for offences committed: When a citizen of Pakistan commits an offence at any place without and beyond the limits of Pakistan, or
Outside Pakistan : When a servant of the State (whether a citizen of Pakistan or not) commits an offence in [a tribal area], or
when any person commits an offence on any ship or aircraft registered in Pakistan where it may be,
he may be dealt with in respect of such offence as if it had been committed at any place within Pakistan at which he may be found:
Political Agents to certify fitness of inquiry into charge: Provided that notwithstanding anything in any of the preceding sections of this Chapter no charge as to any such offence shall be inquired into in Pakistan unless the Political Agent, if there is one, for the territory in which the offence is alleged to have been committed, certifies that in his opinion, the charge ought to-be inquired into in Pakistan; and, where there is no Political Agent, the sanction of the Federal Government shall be required :
Provided, also, that any proceedings taken against any person under this section which would be a bar to subsequent proceedings against such person for the same offence if such offence had been committed in Pakistan shall be a bar to further proceedings against him under the Extradition Act, 1972 (XXI of 1972) in respect of the same offence in any territory beyond the limits of Pakistan.
Words substituted by Federal Laws (Revision and Declaration) Ordinance, XXVII of 1981.
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) All Magistrates of the First Class, or any other Magistrate specially empowered by the Provincial Government on the recommendation of the High Court, may take cognizance of any offence-
that such offence has been committed which he may try or send to the Court of Session for trial and]
7[(2) A Magistrate taking cognizance under sub-section (1)of an .offence triable exclusively by a Court of Session shall, without recording any evidence, send the case to the Court of Session for trial].
Sub-Section (1) Subs. by the Ordinance, XXXVII of 2Q01, dt. 13-8-2001.
Sub-section (3) renumbered (Sub-Section (2)) as sub-section (2) by the Ordinance, XXXVII of 2001, dt. 13-8-2001 –
[191. Transfer on application of accused: When a Magistrate takes cognizance of an offence under sub-section (1), clause (c) of the preceding section, the accused shall, before any evidence is taken be informed that he is entitled to have the case tried by another Court, and, if the accused, or any of the accused if there be more than one, objects to being tried by such Magistrate, the case shall instead of being tried by such Magistrate, be sent to the Sessions Judge.
Section 191 subs. by Item No. 71 of Punjab Notification No. SO(J-II) 1- 8/75 (P-V), dated 21-3-1996 for Punjab and by same Item No. of Islamabad Notification No. S.R.O. 255 (1), dated 8-4-1996 for Islamabad only.
(2) Additional Sessions Judges and Assistant Sessions Judges shall try such cases only as the Provincial Government by general or special order may direct them to try or as the Sessions Judge of the division by general or special order may make over-to them for trial.
Words subs. by Law Reforms Ordinance, XII of 1992. Subs. by the Ordinance. XXXVII of 2001, dt. 13-8-2001-
194. Cognizance of offences by High Court : (1) The High Court may take cognizance of any offence is in manner hereinafter provided.
Nothing herein contained shaft be deemed to affect the provisions of any Letters Patent or Order by which a High Court is constituted or continued, or any other provision of this Code.
(2) [Omitted by Federal Laws (Revision and Declaration) Ordinance XXVII of 1981].
195. (1) No Court shall take cognizance: --
196. 199. 200, 205, 206, 207, 208, 209, 210, 211 and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, except, on the complaint in writing of such Court or of some other Court to which such Court is subordinate; or
Provided that--196. Prosecution for offences against the State: No Court shall take cognisance of any offence punishable under Chapter VI or IX-A of the Pakistan Penal Code (except Section 127), or punishable under Section 108-A, or Section 153-A or Section 294-A, or Section 295-A or Section 505 of the same Code, unless upon complaint made by order of or under authority from, the Federal Government or the Provincial Government concerned, or some officer empowered in this behalf by either of the two Governments.
196-A. Prosecution for certain classes of criminal conspiracy: No Court shall take cognizance of the offence of criminal conspiracy punishable under Section 120-B of the Pakistan Penal Code,
Provided that where the criminal conspiracy is one to which the provisions of sub-section (4) of Section 195 apply no such consent shall be necessary.
Subs. by the by the Ordinance, XXXVII of 2001, dt, 13-8-2001
196-B. Preliminary inquiry in certain cases: In the case of any offence in respect of which the provisions of Section 196 or Section 196-A apply, [officer in-charge of the investigation in the district] may, notwithstanding anything contained in those sections or in any other part of this Code, order a preliminary investigation by a police-officer not being below the rank of inspector, in which case such police-officer shall have the powers referred to in Section 155, sub-section (3).
Subs. by the by the Ordinance, XXXVII of 2001, dt. 13-8-2001
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 save by or with the sanction of the Federal Government or a Provincial Government, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction--.
198. Prosecution for breach of contract, defamation and offences against marriage:
No Court shall take cognizance of an offence falling under Chapter XIX or Chapter XXI of the Pakistan Penal Code or under Sections 493 to 496 (both inclusive) of the same Code, except upon a complaint made by some person aggrieved by such offence:
Provided that, where the person so aggrieved is a woman who, according to the customs and mariners of the country, ought not to be compelled to appear in public, or were such person is under the age of eighteen years or is an idiot or lunatic, or is from sickness or infirmity unable to make a complaint, some other person may, with the leave of the Court, make a complaint on his or her behalf:
Provided further that where the husband aggrieved by an offence under Section 494 of the said Code is serving in any of the armed forces of Pakistan under conditions, which are certified by the commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other person authorised by the husband in accordance with the provisions of sub-section (I)1 of Section 199-B may, with the leave of the Court, make a complaint on his behalf.
[198-A. Prosecution for defamation against public servants in respect of their conduct in the discharge of public functions: (1) Notwithstanding anything contained in this Code, when any offence falling under Chapter XXI of the Pakistan Penal Code (Act XLV of 1860) is alleged to have beam committed against the President, the Prime Minister, a Federal Minister, Minister of State, Governor, Chief Minister or Provincial Minister or any public servant employed in connection with the affairs of the Federation or of a Province, in respect of his conduct in the discharge of his public functions, a Court of Session may take cognizance of such offence, without the accused being committed to it for trial, upon a complaint in writing -made by the Public Prosecutor.
Section 198-A inst. by Criminal Procedure (Amendment) Act, XXV of 1974, S-7.
[199. Prosecution for adultery or enticing a married woman ; No Court shall take cognizance of an offence under Section 497 or Section 498 of the Pakistan Penal Code, except--
Provided that, where such husband is under the age of eighteen years, or is an idiot or lunatic, or is from sickness or infirmity unable to make a complaint, some other person may, with the-leave of the Court, make a complaint on his behalf:
Provided further that where such husband is serving in any of the armed forces of Pakistan, under conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person and where for any reason no complaint has been made by a person having care of the woman as aforesaid, some other person authorised by the husband in accordance with the provisions of sub-section (1) of Section 199-B may, with the leave of the Court, make a complaint on his behalf.]
S. 199 subs. by Law Reforms Ordinance, XII of 1972.
[199-A. Objection by lawful guardian to complaint by person other than person aggrieved : When in any case falling under Section 198 or Section 199 the person on whose behalf the complaint is ought to be made is under the age of eighteen years or is a lunatic, and the person applying for leave has not been appointed or declared, by competent authority to be the guardian of the person of the said minor or lunatic, and the Court is satisfied that there is a guardian, so appointed or declared, notice shall be given to such guardian, and the Court shall, before granting the application give him a reasonable opportunity of objecting to the granting thereof.]
S. 199-A Inst. by the Code of Criminal Procedure (Second Amendment) Act, XVIII of 1923.
[199-B. Form of authorisation under second proviso to Section 198 or 199: (1) The authorisation of a husband given to another person to make a complaint on his behalf under the second proviso to Section 198 or the second proviso to Section 199 shall be in writing, shall be signed or, otherwise attested by the husband, shall contain a statement to the effect that he has been informed of the allegations upon which the complaint is to be founded, shall be" countersigned by the Officer referred to in the said provisos, and shall be accompanied by a certificate signed by that officer to the effect that leave of absence for the purpose of making a complaint in person cannot for the time being be granted to the husband.]
(2) Any document purporting to be such an authorisation and complying with the provisions of sub-section (1), and any document purporting to be a certificate required by that sub- section shall, unless the contrary is proved, be presumed to be genuine and shall be received in evidence.
Section 199-B inst. By the Code of Criminal Procedure (Second Amendment) Act, XVIII of 1943.
CHAPTERXVI
OF COMPLAINTS TO MAGISTRATES
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:
Words added by Law Reforms Ordinance. XII of 1972
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.
[202. Postponement of issue of process : (1) Any Court, on receipt of a complaint of an offence of which it is authorised to take cognizance; or which has been sent to it under Section 190, sub-section (3), or referred to it under Section 191 or-Section 192, may, if it thinks fit, for reasons to be recorded, postpone tbe4ssueor process for compelling the attendance of the person complained against, and either inquire into the case itself or direct any inquiry or investigation to be made by [any Justice of the Peace or by] a police officer or by such other person as it thinks fit, for the purpose of ascertaining the truth or falsehood of file complaint:
Provided that save, where the complaint has been made by a Court, no such direction shall be made unless the complainant has been examined on oath under the provisions of Section 200.
Section 202 Substituted by item No. 79 (ii) of Punjab Notification No. SO(J-II) 1-8/75 (P-V), dated 21.3.1996 for Punjab and by same Item No. of Islamabad Notification No. S.R.O. 255 (I)/96, dated 8-4-1996 for Islamabad only.
203. Dismissal of complaints: [The Court], before whom a complaint is made or to whom it has been transferred, 2s[or sent] may dismiss the complaint, if, after considering the Statement on oath (if any) of the complainant and the result of the investigation or inquiry (if any) under Section 202 there is in his judgment no sufficient ground for proceeding. In such cases he shall briefly record his reasons for so doing.
Words subs. by Law Reforms Ordinance, XII of 1972.
CHAPTER XVII
OF THE COMMENCEMENT OF PROCEEDINGS BEFORE [COURT]
204. Issue of process: (1) If in the opinion of a [Court] taking cognizance of an offence there is sufficient ground of proceeding, and the case appears to be one in which, according to the fourth column of the Second Schedule, a summons should issue in the first instance, [it] shall issue his summons for the attendance of the accused. If the case appears to be one in which, according to that column, a warrant should issue in the first instance, [it] may issue a warrant, or, if [Court] or if [it] thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such [Court] if as if it has no jurisdiction itself some other Court having jurisdiction.
Words added by Item No. 79-A of Punjab Notification No. SO(J-ll) 1-8/75 (P-V), dated 21-3-1996 for Punjab and by same Item No- of Islamabad Notification No. SRO No. 255 (l)/96, dated 8-4-1996 for Islamabad only.
Words inserted/subs. by Law Reforms Ordinance, XIl of 1972.
205. Magistrate may dispense with personal attendance of the accused. (1) Whenever a magistrate issues a summons, he may, if he sees reasons so to do, dispense with the personal attendance of the accused, and permit him to appear by his pleader.
(2) But the Magistrate inquiring into or trying the case may, in his discretion at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in manner hereinbefore provided.
CHAPTER XVHI
OF INQUIRY INTO CASES TRIABLE BY THE COURT OF SESSION OR
HIGH COURT
206 to 220. [Omitted by Law Reforms Ordinance, XII of 1972].
CHAPTER XIX
OF THE CHARGE
Form of Charges
221. Charge to state offence: (1) Every charge under this Code shall state the offence with which the accused is charged.
intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in the charge, if such statement has been omitted, the Court may add it any time before sentence is passed.
Illustrations
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 that purpose.
Illustrations
Illustrations
(2) Every such alteration or addition shall be read and explained, to the accused.
(2) If the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the, conviction.
Illustration
A is convicted of an offence, under Section 196 of the Pakistan Penal Code, upon a charge which omits to state that he knew the evidence, which he corruptly used or attempted to use ;as true or genuine, Was false or fabricated, if the Court thinks it probable that A had such knowledge, and that he was misled in his defence by the omission from the charge of the statement that he had it, it shall direct a new trial upon an amended charge but if it appears probable from the proceedings that A had no such knowledge, it shall quash the conviction.
Word inserted by Law Reforms Ordinance, XII of 1972.
Joinder of charges
233. Separate charged for distinct offences: For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately except in the cases mentioned in Sections 234, 235, 236 and 239.
Illustrations
A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt.
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-
Illustrations
to sub-section (1)—
The separate charges referred to in illustrations (a) to (h) respectively may be tried at the same time.
to sub-section (2)-
to sub-section (3)-236. When it is doubtful what offence has been committed: If a single act or series of acts is of such a nature that it is doubtful which of several offences, the facts which can be proved will constitute the accused may be charged with having committed all or any of such offences, and any number or such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences.
Illustrations
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), Section 63].
Illustration
A is charged with theft. It appears that he committed the offence of criminal breach of trust, or that of receiving stolen goods. He may be convicted of criminal breach of trust or of receiving stolen goods (as the case may be) though he was not charged with such offence.
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.
Illustrations
239. What persons may be charged jointly: The following persons may be charged and tried together, namely;
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 than one, is framed against the same person and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges- Such withdrawal shall have effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court of setting aside the conviction) may proceed with the inquiry into or trial of the charge or charge so withdrawn.
CHAPTER XX
OF THE TRIAL OF CASES BY MAGISTRATES
241. Procedure in trial of cases: The following procedure shall be observed by Magistrates in the trial of cases.
[241 -A. Supply of statements and documents to the accused : (1) In all cases instituted upon police report, except those tried summarily or punishable with fine or imprisonment not exceeding six months, copies of statements of all witnesses recorded under Sections 161 and 164 and of the inspection-note- recorded by an investigating officer on his first visit to the place of occurrence, shall be supplied free of cost to the accused not less than seven days before the commencement of the trial:
Provided that, if any part of the statement recorded under Section 161 is such that its disclosure to the accused would be inexpedient in the public interest, such part of the statement shall be excluded from the copy of the statement furnished to the accused.
Provided that the provisions of this sub-section shall not apply in any case in which the complaint has been made by a Court or by a public servant acting or purporting to act in discharge of his official duties],
Section 241-A added by Law Reforms Ordinance, XIl of 1972.
Words subs- by Law Reforms Ordinance, XII of 1972.
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 tn any case in which the complaint has been made by a Court.
(2)The Magistrate may, if he thinks fit on the application of the complainant or accused issue a summons to any witness directing him to attend or to produce any document or other thing.
(3) The Magistrate may, before summoning any witness on such application, require that his reasonable expenses, incurred in attending for the purposes of the trial, be deposited in Court:
provided that it shall not be necessary for the accused to deposit any such expenses in Court in cases where he is charged with an offence punishable with imprisonment exceeding six months.
244-A. Statement made under Section 164: The statement of a witness duty recorded under Section 164, if it was made in the presence of the accused and if he had notice of it and was given, an opportunity of cross-examining the witness, may in the discretion of the Court, if such witness is produced and examined, be treated as evidence in case for all purposes subject to the provisions of the Qanun-e-Shahadat, 1984.
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 he shall if he finds the accused guilty, pass sentence upon him according to taw.
245-A. Procedure in cases of previous convictions: In a case where a previous conviction is charged under the provisions of Section 221, sub-section (7), and the accused does not admit that he had been previously convicted as alleged in the charges the Magistrate may, after he has convicted the accused under Section 243, or under Section 245, sub-section (2), take evidence in respect of the alleged previous conviction, and if he does so, shall record a finding thereon.
Provided that, where the complainant is a public servant and his personal attendance, is not required, the Magistrate may dispense with his attendance, and proceed with the cage:
Provided further that nothing in this section shall apply where the offence of which the accused is charged is either cognizable or non-compoundable.
248. Withdrawal of complaint: If a complainant, at any time before a final order is:
passed -in any case under this Chapter satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused.
249. Power to stop proceeding when no complaint: In any case instituted otherwise than upon complaint, a Magistrate of the First Class, or with the previous-sanction of the Sessions Judge, any other Magistrate may for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment either of acquittal or conviction; and may thereupon release the accused.
249-A. Power of Magistrate to acquit accused at any stage: Nothing in this Chapter shall be deemed to prevent a Magistrate from acquitting an accused at any stage of the case if after hearing the prosecutor and the accused and for reasons to be recorded, he considers that the charge is groundless or that there is no probability of the accused being convicted of any offence.
Frivolous Accusations in cases tried by Magistrate
250. False, frivolous or vexatious accusations: (1) If in any case instituted upon complaint or upon information given to a police-officer or to a Magistrate, one or more persons is or are accused before Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is heard acquits all or any of the accused, and is of opinion that the accusation against them or any of them was false and either frivolous or vexatious, the Magistrate may, by his order of acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused or to each or any of such accused when there are more than one, or if such person is not present direct the issue of a summons to him to appear and show cause as aforesaid.
(2) The Magistrate shall record and consider any cause which such complainant or informant may show and if he is satisfied that the accusation was false and either frivolous or vexatious may, for reasons to be recorded, direct that compensation to such amount not exceeding twenty-five thousand rupees or, if the Magistrate is a Magistrate Of the Third Class not exceeding two thousand and five hundred rupees as he may determine be paid, by such complainant or informant to the accused or to each or any of them.
(2-A) The compensation payable under sub-section (2) shall be recoverable as an arrear of land-revenue.
(2-B) When any person is imprisoned under sub-section (2-A) the provisions of Sections 68 and 69 the Pakistan Penal Code shall, so far as may be, apply.
(2-C) No person who has been directed to pay compensation under this section shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made or information given by him:
Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter.
250-A. Special summons in case of petty offences: (1) Any Magistrate of the fif9t 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 t6 plead guilty to the charge on his behalf and to pay the fine :
Provided that the amount of the fine specified in such summons shall not be less than twenty-five per cent. nor more than fifty per cent. of the maximum fine provided for such offence.
(2) Sub-section (1) shall not apply to an offence punishable under the Motor Vehicles Ordinance, 1965 (Ordinance XIX of 1965), or under any other law, which provides for the accused person being convicted in his absence on a plea of guilty.
CHAPTER XXI
OF THE TRIAL QF WARRANT CASES
BY MAGISTRATES
251 & 259. [Omitted by Law Reforms Ordinance, XII of 1972].
CHAPTER XXII
OF SUMMARY TRIALS
260. Power to try summarily: (1) Notwithstanding anything contained in this Code--
261. Power to invest Bench of Magistrates invested with less powers: The Provincial Government may on the recommendation of: High Coon 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:-
262. Procedure prescribed in Chapter XX applicable : (1) In trials under this Chapter, the procedure prescribed 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 ties, 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 :--
CHAPTER XXII-A
TRIALS BEFORE HGHH COURTS AND COURTS OF SESSION
265-A. Trials before Court of Session to he conducted by Public Prosecutors: In every trial before a Court of Session, initiated upon a police report, the prosecution shaft 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--
Provided that, If arty part of a statement recorded under Section 161 or Section 464 is such that its disclosure to the accused would be inexpedient in the public interest, such part of the statement shall be excluded from the copy of the statement furnished to the accused.
265-D When charge 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.
265-J. Statement under Section 164 admissible: The statement of a witness duly recorded under Section 164, if it was made in the presence of the accused and if he had notice of it and was given an opportunity of cross-examining the witness, may, in the discretion of the Court, if such witness is produced and examined, be treated as evidence in the case for all purposes Subject to the provisions of the Qanun-e-Shahadat 1984.
265-K. Power of Court to acquit accused at any stage: Nothing in this Chapter shall be deemed to prevent a Court from acquitting an accused at any stage of the case, if, after nearing the prosecutor and the accused and for reasons to be recorded, it considers that there is not probability of the accused being convicted of any offence.
265-L. Power of Advocate-General to stay prosecution: At any stage of any trial before a High Court under this Code, before the sentence is passed, the Advocate-General may, if he thinks fit inform the Court on behalf of Government that he will not prosecute the accused upon the charge; and thereupon alt proceedings against the accused shall be stayed, and he shall be discharged of and from the same. But such discharge shall not amount to an acquittal unless the presiding Judge otherwise directs.
265-M. Time of holding sittings: For the exercise of its original criminal jurisdiction, every High Court shall hold sittings on such days and at such convenient intervals as the Chief Justice of such Court from time to time appoints.
265-N, Place of holding sittings: (1) The High Court shall hold its sittings at the place at which it held them immediately before the commencement of the Law Reforms Ordinance. 1972, or at such other place (if any) as the Provincial Government may direct.
CHAPTER XXIII
OF THE TRIALS BEFORE HIGH COURT AND COURTS OF SESSION
266 to 336. Omitted by Law Reforms Ordinance XIl of 1972
CHAPTER XXIV
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
337. Tender of pander 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. 369. 401, 435 and 477-A, [officer incharge 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:
provided that no person shall be tendered pardon who is involved in an offence relating to hurt or qatl without permission of the victim or as the case may be of the heirs of the victim.
Proviso: [Omitted by Federal Laws (Revision and Declaration) Ordinance XXVII of 1981].
(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 all pay for the same unless the Magistrate for some special reason thinks fit to furnish it free of cost.
Subs. by Ordinance, XXXVII of 2001. dt 13-8-2001.
338. Power to grant tender of 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 [officer-in-charge of the prosecution in the district] to tender a pardon on the same condition to such person: Provided that no person shall be tendered pardon who is involved in an offence relating to hurt or qatl; without permission of the victim or. as the base may be, of the heirs of the victim.
Subs. by Ordinance, XXXVII of 2001. dt 13-8-2001.
339. Commitment of person to whom pardon has been tendered: (l) Where a pardon has-been tendered under Section 337 or Section 388, 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.
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 are instituted under this Code in any such Court, may of right be defended by a pleader. .
(iii) he has given evidence against any other person charged wither tried for the same offence.
(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 offence: (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:-
Offence | Sections of the Pakistan Penal Code applicable | Persons by whom offence may be compounded. |
Uttering words, etc., with deliberate intent to wound the religious feelings of any person. | 296 | The person whose religious feelings are intended to be wounded. |
Wrongfully restraining or confining any person. | 241, 342 | The person restrained or confined. |
Assault or use Of criminal force. | 352, 355, 358 | The person assaulted or to whom criminal force is used. |
Unlawful compulsory labour. | 374 | The person compelled to labour. |
Mischief when the only loss or damage caused is loss or damage to a private person. | 426, 427 | The person to whom the loss or damage is caused. |
Criminal trespass | 447 | The person in possession of the property trespassed upon. |
House-trespass | 448 | |
Dishonestly issuing a cheque for repayment of loan or fulfilment of an obligation. | 489-F | The person in whose favour cheque issued. |
Criminal breach of contract of service. | 490, 491, 492 | The person with whom the offender has contracted. |
Adultery | 497 | The husband of the woman. |
Enticing or taking away or detaining with criminal intent | 498 |
a married woman | ||
Defamation | 500 | The person defamed. |
Printing or engraving matter knowing it to be defamatory. | 501 | |
Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter. | 502 | |
Insult intended to provoke a breach of the peace. | 504 | The person insulted. |
Criminal intimidation except when the offence is punishable with Imprison-ment for seven years. | 506 | The person intimidated. |
Act caused by making a person believe that he wilt be an object of divine displeasure. | 508 | The person against whom the offence was committed. |
Offence | Sections of the Pakistan Penal Code applicable | Persons by whom offence may be compounded. |
Qatl-i-amd | 302 | By the heirs of the victim. |
Qatt under ikram-i-tam | 303 | Ditto |
Qatl-i-amd not liable to qisas | 308 | Ditto |
Qatt-i-Shibh-i-amd | 316 | By the heirs of the victim. |
Qatt-i-khata | 319 | Ditto |
Qatl-i-khata by rash or negligent driving. | 320 | Ditto |
Qatl-bis-sabab | 322 | Ditto |
Attempt to commit Qati-i-amd | 324 | The person against whom the offence was committed, |
Itlaf-i-udw | 334 | The person to whom is caused, |
Itlaf-i-Satahiyyat-i-udw | 336 | Ditto |
Shajjah of any kinds | 337-A | Ditto |
Jaifah | 337-D | Ditto |
Ghayr-jaifah of any kind | 337-F | Ditto |
Hurt by rash or negligent driving | 337-G | Ditto |
Hurt by rash or negligent act | 337-H | Ditto |
Hurt by mistake | 337-I | Ditto |
Hurt by means of a poison. | 337-J | Ditto |
Hurt to extort confession or to compel restoration of property | 337-k | Ditto |
Other hurts | 337-L | Ditto |
Hurt not liable to qisas | 337-M | Ditto |
Cases in which qisas for hurt cannot be enforced | 337-N | Ditto |
Isqat-i-haml | 338-A | The Victim or the heirs of the victim, as the case may be. |
Isqat-janin | 338-C | The Victim or the heirs of the victim, as the case may be. |
Wrongfully confining a person for three days or more | 343 | The person confined |
Wrongfully confining a person in secret- | 346 | Ditto |
Assault or criminal force in attempting wrongfully to confine a person | 357 | The person assaulted or to whom the force was used. |
Dishonest misappropriation of property | 403 | The owner of the property misappropriated: |
Cheating | 417 | The person cheated. |
Cheating a person whose interest the offender was bound, by law or by legal contract, to protect. | 418 | Ditto |
Cheating by personation | 419 | Ditto |
Cheating and dishonestly inducing delivery of property or the making, alteration or destruction of a valuable security. | 420 | Ditto |
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. | 430 | The person to whom the loss or damage is caused. |
House-trespass to commit an offence (other than theft) punishable with imprisonment. | 451 | The person in possession of the house trespassed upon. |
Using a false trade or property mark. | 482 | The person to whom loss or injury is caused by such use. |
Counterfeiting a trade or property mark used by another. | 483 | The person whose trade or property mark is counterfeited. |
Knowingly selling or exposing or possessing for sale or for trade or manufacturing purpose, goods marked with counterfeit trade or property mark. | 486 | Ditto |
Marrying again during the lifetime of a husband or wife. | 494 | The husband or wife of the person so marrying. |
Uttering words or sounds or making gestures or exhibiting any object intending to insult the modesty of a woman or intruding upon the privacy of a woman. | 509 | The woman whom it is, intended to insult or whose, privacy is intruded upon. |
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 ease 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.
Proviso: [Omitted by Law Reforms Ordinance, XII of 1972].
(2) When any person is sent for trial to the Court of Session or High Court, under subsection (1), any other person accused jointly with him in the trial shall be similarly sent for trial.
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 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 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.
350. Conviction or 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 an^ recommence the inquiry or trial;
Provided that—
350-A. Changes in constitution of Benches: No order or judgment of a Bench of Magistrates shall be invalid by reason only of a change having occurred in the constitution of the Bench in any case in which the Bench by which such order or judgment is passed, is duly constituted under Sections 15 and 16, and the Magistrates constituting ;the same have been present on the Bench throughout the proceedings.
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, form 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 after a trial has been begun the proceedings in respect of such person shall be commenced afresh, and the witnesses reheard-
352. Courts 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:
Provided that the Presiding Judge or Magistrate may, if he thinks tit, order at any stage of any inquiry into or trial of, any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Court.
CHAPTER XXV
OF THE MODE OF TAKING AWRECORDING EVIDENCE IN INQUIRIES
AND TRIALS
356. Record in other cases: (1) |n 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 nearing and under his personal direction and superintendence and shall be signed by the Magistrate or Sessions Judge.
(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 persona! direction and superintendence, and an authenticated translation of such evidence in the language of the Court or in English shall form part of the record.
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 Session 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 the Court, although such language is not his mother tongue.
(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: (I) 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.
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.
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--
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-paints, 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.
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.
369- Court not to alter judgment: Save as otherwise provided by this Code or by any other law for the time being in force or in the case of a High Court, by the letters Patent of such High Court, no Court when it has signed its judgment, shall alter or review the same, except to correct a clerical error.
Provided that this sub-section shall not apply, to cases tried summarily or where the accused is convicted, of an offence under any law other than the Pakistan Penal Code.
(2) Case of person sentenced to death: When the accused is sentenced to death by a Sessions judge, such Judge shall further inform him of the period within which, if he wishes to appeal, his appeal should be preferred.
Subs. by the by the Ordinance, XXXVII of 2001, dt. 13-8-2001
CHAIPTER XXVII
OF THE SUBMISSION OF SENTENCES, FOR CONFIRMATION
376. Power to High Court to confirm sentence or annul conviction : In any case submitted under Section 374 the High Court--
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.
562: [Rep. by Probation of Offenders Ordinance, XLV of 1960, Section 16].
CHAPTER XXVIII
OF EXECUTION
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--
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.
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 92(shall] ,take into consideration the period, if any, during which such accused was detained in custody for such offence.
382-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 offence by him or on his behalf.
383. Execution of sentences of transportation or imprisonment in other cases :
Where the accused is sentenced to imprisonment for life or imprisonment in cases other than those provided for by Section 381 and Section 382-A the Court passing 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.
Provided that no such warrant shall be executed by the arrest or detention in prison of the offender.
Subs. & omitted by Ordinance, XXXVII of 2001, dt. 13-8-2001.
conditioned for his appearance before the Court on the date or dates on or before which payment of the fine or the installments
thereof, as the case may be, is to be made and if the amount of the fine or of any installment, as the case may be, is not realised on or before the latest date on
which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution at once.
(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 non-recovery of which imprisonment may be awarded and the money is not Paid forthwith; and, if the person against whom the order has been made, of being - required to enter info a bond such as is referred to in that sub-section, fails to do so the Court may at once pass sentence of imprisonment.
392. Mode of inflicting punishment: (1) In the case of a person of 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, and 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.
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 :
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 toe 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 sentence 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 imprisonment for life shall take effect according to the following rules, that is to say :
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 103 (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 :
Proviso : [Omitted by Criminal Procedure (Amendment) Act, XXV of 1974] :
Provided further, that where a person who has been sentenced to imprisonment by an order under Section 123 in default of furnishing security is. whilst undergoing such sentence, sentenced to, imprisonment for an offence committed prior to the making ,,o{ such order, the latter sentence shall commence immediately.
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, brio a sentence of imprisonment for life and the person undergoing the sentence is after its execution to undergo a further substantive sentence, or further substantive sentences, of imprisonment, or transportation, effect shall not be given to the award of imprisonment in default of payment of the tine until the person has undergone the further sentence or sentences.
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.
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 ah 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.
402. Power to commute punishment : (1) The Provincial Government may, without the consent of the person sentenced, commute any one of the following sentences or any other mentioned after it:-
death imprisonment for life, rigorous imprisonment for a term not exceeding that to which he might have been sentenced, simple imprisonment for a like term, fine.
(2) Nothing in this section snail affect the provisions of Section 54-or Section 56 of the Pakistan Penal Code.
402-A. Sentence of death: The powers conferred by Sections 401 and 402 upon the provincial Government may, in the case of sentences of death, also be exercised by the President.
402-B. Certain restrictions on the exercise of powers by Provincial Government :
Notwithstanding anything contained in Section 401 or Sector 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.
402-C. Remission or commutation of certain sentences not to be without consent : Notwithstanding anything contained in Section 401, Section 402, Section 402-A or Section 402-B, 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.
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 whiles such conviction or acquittal remains in force, not W 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.
Explanation : The dismissal of a complaint, the stopping of proceedings under Section 249, or the discharge of the accused is not an acquittal for the purposes of this section.
Illustrations
PART VII
OF APPEAL, REFERENCE AND REVISION
CHAPTER XXXI
OFAPPEALS
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. He from the sentences of the former Court.
[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 (3-A) of Section 123].
Section 406 & Proviso subs. by Ordinance, XXXVII of 2001, dt, 13-8-2001
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 which order to the Court of Session.
Any person convicted on a trial held by an Assistant Sessions Judge, a District Magistrate or a Judicial Magistrate, or any person sentenced under Section 349 may appeal to the Court of Session :
Provided as follows:
409. Appeals to Court of Session how heard: Subject to the provisions of this section, an-appeal to-.the Court of Session or Sessions 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 appeal as the Provincial Government may, by general or special order, direct or as the Sessions Judge of the Division may make over to him :
Provided further that no such appeal shall be heard by an Assistant Sessions Judge unless the appeal is of a person convicted on a trial held by any Magistrate of the Second Class or Third Class.
411-A. Appeal from sentence of High Court: (1) Except in cases in which an appeal ties to the Supreme Court under Article 185 of the 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-
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 that, 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]
4l7. 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 any Court other than a High Court.
418. Appeal on what matters admissible: (1) An appeal may tie on a matter of fact as well as matter of law.
(2) [Omitted by Law Reforms Ordinance, XII of 1972.]
Explanation : The alleged severity of a sentence shall for the purpose of this section, be deemed to be a matter of law.
Provided that no appeal presented under Section 419 shall be dismissed unless the appellant or his pleader has had a reasonable opportunity of being heard in support of the same.
(2) Before dismissing an appeal under this section, the Court may calf for the record of the case, but shall not be bound to do so.
(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-A) [Omitted by Ordinance, LIV of 2001.]
(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.
(2-A) 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 be released J3n bail, for a period sufficient in the Opinion of the Court to enable him to present the appeal and obtain the orders of the Appellate Court under sub-section (1) and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.
(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 parson is in confinement, that he be released on bail.
(3) When the appellant is ultimately sentenced to imprisonment, or imprisonment for life the time during which he is so released shall be excluded in computing the term for which he is so sentenced.
20. Sub-sec. (2-B) inst. by the Code of Criminal Procedure (Second Amendment) Act, 4 of 1946, S. 2.
(4) The taking of evidence under this section shall be subject to the provisions of Chapter XXV, as if it were an inquiry.
XXXII.
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 finally abate on the death of the appellant
CHAPTER XXXII
OF REFERENCE AND REVISION 432-433. [Omitted by AO.1949, Sch.]
Explanation: All Magistrates shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section.
436. Power to order further inquiry: On examination any record under Section-435 or otherwise (a) the High Court may direct the Sessions Judge to require [any] Magistrate subordinate to him to make, and the Sessions Judge himself may direct any Judicial Magistrate subordinate to him to make, further inquiry into any complaint which has been dismissed under Section 203 or sub-section (3) of Section 204, or into the case of any person accused of an offence who, has been discharged ;
(6) the High Court or the Sessions, Judge may direct [any Magistrate] to make further Inquiry into any proceedings to, which an order of discharge or release has been made under Section 119:
Provided that no Court shall make any direction under this section for enquiry into the case of a person Who has been released or discharged under Section 119 unless such person has had an opportunity of showing cause why such direction should not be made.]
Subs. by Ordinance. XXXVII of 2001, dt. 13-8-2001.
PART VIII
SPECIAL PROCEEDINGS
CHAPTER XXXIII
443 to 463. [Omitted by the Criminal Law (Execution of Discriminatory Privileges) Act, 1949, II of 1950, Schedule.]
CHAPTER XXXIV
LUNATICS
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 distract or such other medical officer as the Provincial Government directs, and thereupon shall examine such surgeon or other officer as a witness, and shall reduce the examination to writing.
(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 sent for trial before Court of Session or High Court being lunatic: (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 of unsound mind and incapable 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.
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 Inspector-General of certain functions: The Provincial Government may empower the officer incharge of the jail in which a person is confined under the provisions of Section 466 or this section, to discharge at! or any of the functions of the inspector General of Prisons under Section 473 or Section 474.
(2) Such Commission shall make forma! 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--
and the Inspecting Officer referred to in sub-section (1), clause (b) certifies at anytime to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shaft call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court; and, upon such production, the Magistrate or Court shall proceed in accordance with the provisions of Section 468, and the certificate of the inspecting officer shall be receivable as evidence.
CHAPTER XXXV
PROCEEDINGS IN CASE OF CERTAIN OFFENCES AFFECTING THE
ADMINISTRATION OF JUSTICE
476. Procedure in cases mentioned in Section 195: 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.
476-B. [Omitted by Law Reforms Ordinance, XII of 1972].
477. [Rep. by the Code of Criminal Procedure (Amendment) Act 1923, XVIII of 1923, S. 129
478-479. [Omitted by Law Reforms Ordinance, XII Of 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) [Omitted by Act, II of 1950, Sch.]
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.
If any witness or person called to produce a document or thing before a Criminal Court refuses to answer such questions 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 he 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. Appeals from convictions in contempt cases: (1) Any person sentenced by any Court under Section 480 or Section 485 may; not withstanding anything hereinbefore contained, appeal to the Court to which decrees or orders made in such Court are ordinarily appealable.
487. Certain Judges and Magistrates not to try offences referred to in Section 195 when committed before themselves: (1) Except as provided1 in Sections 4761, 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) [Omitted by taw Reforms Ordinance XII of 1972]
CHAPTER XXXVI
[SECTIONS 488TO 490]: [Omitted by Federal Laws (Revision and Declaration) Ordinance, XXVII of 1981.]
CHAPTER XXXVII
DIRECTIONS OF THE NATURE OF A HABEAS CORPUS
491. Power to issue directions of the nature of a habeas corpus : (1) Any High Court may, whenever it thinks fit, direct--
491-A. Powers of High Court outside the limits of appellate jurisdiction; [Omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (If 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 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.
Subs. by the Ordinance, XXXVII of 2001, dt. 13-8-2001.
495. Permission to conduct prosecution: (1) 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 be 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 specialty empowered by the Provincial Government in this behalf, shall! be entitled to do so without such permission.
CHAPTER XXXIX
OF BAIL
Provided, further that' nothing-in this section shall be deemed to affect the provisions of Section 107, sub-section (4), or Section 117, sub-section (3).
Provided that the Court may direct .that any person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be released on bail,
provided further that a person accused of an offence as aforesaid shall not be release on ball unless the prosecution has been given notice to show cause why he should not be so released:
Proviso : [Omitted by the Ordinance, LIV of 2001.]
498. Power to direct admission to bah or reduction of bail: The amount of every bond executed under this Chapter shad 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 riot, direct that any person be admitted to bail, or that the bail required by a police officer or Magistrate be reduced.
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) If 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 released; and, when he is in jail, the Court admitting him to bail shall issue an order of release to the officer incharge 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.
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 a Court of Session or the High Court that the examination of a 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 Court may dispense with such attendance and may issue a commission to any Magistrate of the First Class, within the local limits of whose jurisdiction, such witness resides, to take the evidence of such witness.
(2) [Omitted by Federal Laws (Revision and Declaration) Ordinance, XXVII of 1981].
(2-A) When the witness resides- in an area in or in relation to which the President has Extra-Provincial Jurisdiction Within the meaning of the Extra-Provincial Jurisdiction Order, 1949 (G.G.O. No- 5 of 1949), the commission may be issued to such Court or officer in the area as may be recognised by the President by notification in the official Gazette as a Court or officer to which or to whom commissions may be issued under this sub-section and within the local limits of whose jurisdiction the witness resides.
(2-B) When the witness resides in the United Kingdom or any other country of the Commonwealth or in the Union of Burma 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 Federal Government by notification in the Official Gazette.
504.[Omitted byA,Q.,1949, Sch.].
505. Parties may examine witnesses : (1) The parties to any proceeding under this Code in which a commission is issued may, respectively forward any interrogatories in writing which the Magistrate or Court directing the commission may think relevant to the issue and when the commissions is directed to a Magistrate or officer mentioned in Section 503, such Magistrate or the officer to Whom the duty executing such commission has been delegated shall! examine the witness upon such interrogations.
(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.
(2) Any deposition so taken, if it satisfies the conditions prescribed by Article 47 of Qanuni-Shahadat, 1984, may also be received in evidence at any subsequent stage of the case before another Court.
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 reasonable sufficient for the execution and return of the commission.
508-A. Application of this Chapter to commissions issued in Burma : The provisions of sub-section (3) of Section 503, and so much of Sections 505 and 507 as relate to the execution of commission and its return by the Magistrate or officer to whom the commission is directed shall apply in respect of commissions issued by any Court or Judge having authority in this behalf in the United Kingdom or in any other country of the Commonwealth or in the Union of Burma or any other country in which reciprocal arrangement in this behalf exists under the law in force in that country relating to commissions for the examination of witnesses, as they apply to commissions issued under Section 503 or Section 506.
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.
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 of send 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, expanse or inconvenience which, under the circumstance's of the case, would be unreasonable,
(2) Record of evidence when offender unknown : if it appears that an offence punishable with death or imprisonment for life has been committed by some person or persons unknown, the High Court may direct that any Magistrate of the First Class shall hold an inquiry and examine any witnesses 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
certified copy is so used, the Court shall presume that such offence was committed by him unless the contrary is proved.
Subs. by the Ordinance, XXXVII of 2001, dt. 13-8-2001.
514-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 become 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 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, it 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. Pond 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.
[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].
Subs. by the Ordinance, XXXVII of 2001, dt. 13-8-2001.
516. Power to direct levy of amount due on certain recognizance : 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 producer 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 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 deposed of.
provided that, if the property consists of explosives substance, the Court shall not order It to be sold or handed over to any person other than a Government Department or office dealing with, or to an authorised dealer in such substances:
Provided further that if the property is a dangerous drug, intoxicant, intoxicating liquor or any ; other narcotic substance seized or taken into custody under the Dangerous Drugs Act, 1930 (II of 1930), the Customs Act, 1969 (IV of 1969), the Prohibition (Enforcement of Hadd) Order, 1979 (P.O. 4 of 1979), or any other law for the time being in force, the Court may, either on. an application or of its own motion and under its supervision and control, obtain and prepare such number of samples of the property as it may deem fit for safe custody and production before it or any other Court and cause destruction of the remaining portion of the property under a certificate issued by it in that Behalf:
Provided also that such samples shall be deemed to be Whole of the property in an inquiry or proceeding in relation to such offence before any authority or Court.
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 whiter any offence appear to have been committed or which has been used for the commission of any offence.
Explanation : In this section the term "property" includes in the case of property regarding which an offence appear to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.
Subs. by the Ordinance. XXXVII of 2001, dt. 13-8-2001;
518. Order may take form of reference in lieu of itself passing an order under Section 517: The Court may direct the property to be delivered to [a Magistrate of the First Class] who shall in such cases deal with if as if it had been seized by the police and the Seizure had been reported to him in the manner hereinafter mentioned.
Subs. by the Ordinance. XXXVII of 2001, dt. 13-8-2001;
(2) The Court may, in like manner on a conviction under Pakistan Penal Code, Section 272, Section 273, Section 274 or Section 275, order 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) When ever a person is convicted of an offence of cheating or forgery or of an offence] attended by criminal force or show of force or by criminal intimidation and it appears to the Court that by such cheating forgery, force of Show of force of criminal intimidation any person has been dispossessed of any immovable, property the Court may, if it thinks fit when convicting such person or at any time within one month from the date of the conviction order the person dispossessed] to be restored to the possession of the same, whether such property is in the possession or under the control of the person convicted or of any other person to Whom it may have been transferred for any consideration or Otherwise.
522-A. Power to restore possession of movable property: (1) Whenever a person convicted of an offence of criminal misappropriation, of property or 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 thinks fit, when convicting such person of at any time within the month from the date of the convection, order the person dispossessed or deprived of the property, where such property can be identified, to be restored to the possession of such property, whether such property is in the possession or under the control of the person convicted or of any other person to whom it may have been transferred for any consideration or otherwise.
523. Procedure by police upon seizure of property taken under Section 51 or stolen:
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 [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.
Subs. by the Ordinance. XXXVII of 2001, dt. 13-8-2001;
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—
(iii) that any particular case or appeal be transferred to and tried before itself; or
526-A. High Court to transfer for trial to itself in certain cases : [Omitted by Code of Criminal Procedure (Amdt.) Ordinance, XX of 1969. S. 2].
527. Power of Provincial Government to transfer cases and appeals : (1) The Provincial Government may, by notification in the 5o[0fficial 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 wit! 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 re-call any ease 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 ha-s made over to any Additional Sessions Judge.
(1-B) Where a Sessions Judge withdraws or re-calls a case under sub-section (1) or recalls 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 the Code to another Court for trial or hearing, as the case may be.
(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 may refer it for inquiry or trial to. any, other such Magistrate competent to inquire into or try the same.
Explanation :[Omitted by legal Reforms Act, XXXIII of 1997.
[528-A. Powers of District Magistrate for transfer of cases etc. : Omitted by the Ordinance, XXXVII of 2001, dt. 13-8-2001.]
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 :---
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:-
(2) The provisions of this section apply to Courts of Appeal, Reference and Revision.
(2) If the Court of appeal prevision 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.
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 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 of record in Pakistan.
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 applicant 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-
An affidavit to be used before any Court other than a High Court under the section may be sworn or affirmed in the manner prescribed in Section 539, or before any Magistrate.
Affidavits under this section shall be confined to, and shall state separately, such facts as the deponent is able to prove from his own Knowledge and such facts, as he has reasonable grounds to believe to be true, and in the latter case, the deponent shall clearly state the grounds of such belief.
Proviso : [Omittedty Law Reforms Ordinance, XIl of 1972].
540. Power to summon material witness or examine person present: Any Court may, at any stage of any inquiry, trial 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. Provi9lon 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.
(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.
544-A. Compensation of the heirs to the person killed, etc.: (1) 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.
545. Power of Court to pay expenses of compensation out of fine : (T) Whenever under any law in force for the time being a Criminal Court imposes a fine 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--
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 544-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--
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 fried by Court-martial :
(1) The Federal Government may make rules-consistent with this Code and the 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 treated 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 a Court 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.
Subs. by the Ordinance,XXXVM of 2001,-Cft; 13-8-2001
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 S for a breach of the Excise Laws. A is disqualified, from trying this case as a Magistrate.
2) When there is any doubt as to who is the successor-in-office of any Magistrate, the District Magistrate 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.
Previously convicted offenders
565. Order for notifying address of previously convicted offender : (1) When any person having been convicted-
SCHEDULE I
Enactments Repealed ; .[Rep. by the Repealing and Amending Act, X of 1914 S. 3 and Schedule II].
SCHEDULE – II
Explanatory Note - The entries in the second and seventh columns of this schedule headed respectively "Offence" and "Punishment" under the PPC are not intended as definitions of the offences and punishments described in the several corresponding sections of PPC or even abstracts of those sections, but merely as references to the subject of the sections, the number of which is given in the first column.
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
---|---|---|---|---|---|---|---|
Sec. | Offences | Whether the police may arrest without warrant or not | Whether a warrant or a summon shall ordinarily be issued in the first instance. | Whether bailable or not | whether compoundable or not | Punishment under the PPC | By what Court triable |
109 | Punishment of abetment if the Act abetted committed in consequence and where no express provision is made for its punishment. | May arrest without warrant if arrest for the offence abetted may be made without warrant but not otherwise. | 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 abetted. | The Court by which the offence abetted is triable. |
110 | Punishment of abetment if person abetted does act with different intention from that of abettor. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
111 | Liability of abettor when one act abetted and different act done | Ditto | Ditto | Ditto | Ditto | The same punishment as for the offence intended to be abetted. | Ditto |
113 | Liability of abettor for an effect caused by the act abetted different from that intended by the abettor | Ditto | Ditto | Ditto | Ditto | The same punishment as for the offence committed. | Ditto |
114 | Abettor present when offence is committed | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
115 | Abetment of offence punishable with death or imprisonment for life if offence not committed | Ditto | Ditto | Not bailable | Ditto | Imprison of either description for 7 years and fine. | Ditto |
If act causing harm be done in consequence | Ditto | Ditto | Ditto | Ditto | Imprison of either description for 14 years and fine. | Ditto | |
116 | Abetment of offence punishable with imprisonment if the offence be not committed in the consequence of abetment. | Ditto | Ditto | According as the offence abetted is bailable or not. | Ditto | Imprisonment extending to quarter part of the longest term, and of any description provided for the offence, or fine or both. | Ditto |
If abettor or person abetted be a public servant whose duty it is to prevent offence | Ditto | Ditto | Ditto | Ditto | Imprisonment extending to half of the longest term, and of any description provided for the offence, or fine or both. | Ditto | |
117 | Abetting commission of offence by the public or by more than ten persons | Ditto | Ditto | Ditto | Ditto | Imprison of either description for 3 years or fine, or both. | Ditto |
118 | Concealing design to-commit offence punishable with death or imprisonment for life if offence be committed if offence be not committed | Ditto | Ditto | Not bailable | Ditto | Imprison of either description for 7 years and fine. | Ditto |
119 | Public servant concealing design to commit offence which it is his duty to prevent, if the offence be committed. | Ditto | Ditto | According as the offence abetted is bailable or not. | Ditto | Imprisonment extending to half of the longest term, and of any description provided for the offence, or fine or both. | Ditto |
If Offence be punishable with death, etc. | Ditto | Ditto | Not bailable | Ditto | Imprison of either description for 10 years . | Ditto | |
If offence be not committed | Ditto | Ditto | Bailable | Ditto | Imprisonment extending to quarter part of the longest term, and of any description provided for the offence, or fine or both. | Ditto | |
120 | Concealing design to commit offence punishable with imprisonment if the offence be committed | Ditto | Ditto | According as the offence concealed is bailable or not. | Ditto | Imprisonment extending to quarter part of the longest term, and of any description provided for the offence, or fine or both. | Ditto |
120 (cont.) | If offence be not committed | Ditto | Ditto | Bailable | Ditto | Imprisonment extending to one eighth part of the longest term, and of any description provided for the offence, or fine or both. | Ditto |
CRIMINAL CONSPIRACY
OF OFFENCES AGAINST THE STATE
121 | Waging or attempting to wage war or abetting waging of war against Pakistan | Shall not arrest without warrant | Warrant | Not bailable | Not compoundable | Death or imprisonment for life and fine. | Court of sessions. |
121A | Conspiring to commit certain offences against the State. | Ditto | Ditto | Ditto | Ditto | Imprison for life or imprisonment of either description for 10 years or fine. | Ditto |
122 | Collecting arms, etc., with intention of waging war against Pakistan | Ditto | Ditto | Ditto | Ditto | Imprison for life or imprisonment of either description for 10 years or fine. | Ditto |
123 | Concealing with intent to facilitate design to wage war | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 10 years and fine . | Ditto |
123A | Condemnation of the creation of the State, and advocacy of abolition of its sovereignty | Ditto | Ditto | Ditto | Ditto | Rigorous imprisonment for 10 years and fine. | Ditto |
123B | Defiling or unauthorisedly removing the National Flag of Pakistan from Government building, etc. | May arrest without warrant | Ditto | Ditto | Ditto | Imprisonment of either description for 3 years or fine or both. | Magistrate of First class. |
124 | Assaulting President, Governor, etc., with intention to compel or restrain the exercise of any lawful power | Shall not arrest without warrant | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years and fine. | Court of Session |
124A | Sedition | Ditto | Ditto | Ditto | Ditto | Imprisonment for life and fine, or imprisonment of either description for 3 years and fine or fine. | Court of Session or Magistrate of first class specially empowered by the Provincial Government in that behalf, on the recommendation of High Court. |
125 | Waging war against any Asiatic Power in alliance with Pakistan | Ditto | Ditto | Ditto | Ditto | Imprisonment for life and fine, or imprisonment of either description for 7 years and fine or fine. | Ditto |
126 | Committing depredation on territories of Power at peace with Pakistan | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years and fine and forfeiture of certain property. | Ditto |
127 | Receiving property taken by war or depredation mentioned in Sections 125 and 126 | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
128 | Public servant voluntarily allowing prisoner of State or war to escape | Ditto | Ditto | Ditto | Ditto | Imprisonment for life , or imprisonment of either description for 10 years and fine. | Ditto |
129 | Public servant negligently suffering such prisoner to escape | Ditto | Ditto | Ditto | Ditto | Simple imprisonment for 3 years and fine | Magistrate of First class. |
130 | Aiding escape of, rescuing or harbouring such prisoner | Ditto | Ditto | Ditto | Ditto | Imprisonment for life , or imprisonment of either description for 10 years and fine. | Court of Sessions |
---|
OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE
131 | Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty | May arrest without Warrant | Ditto | Ditto | Ditto | Imprisonment for life , or imprisonment of either description for 10 years and fine. | Ditto |
132 | Abetment of mutiny, if mutiny Is committed in consequence thereof | Ditto | Ditto | Ditto | Ditto | Death or imprisonment for life , or imprisonment of either description for 10 years and fine. | Ditto |
133 | Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 10 years and fine. | Magistrate of First class. |
134 | Abetment of such assault, if the assault is committed | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years and fine. | Court of Session |
135 | Abetment of description of soldier, sailor or airman | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 2 years or fine or both. | Magistrate of First or second class. |
136 | Harbouring deserter | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
137 | Deserter concealed on board merchant vessel through negligence of master | Shall not arrest without warrant | Summons | Ditto | Ditto | Fine of 500 Rupees. | Ditto |
138 | Abetment of act of insubordination by soldier, sailor or airman | May arrest without warrant | Warrant | Ditto | Ditto | Imprisonment of either description for 6 months or fine or both. | Ditto |
Wearing garb or carrying token used by soldier, sailor or airman May arrest without warrant
Summons Bailable
Not compoundable Imprisonment of either description for 3 months or fine of Rs. 500, or
Any judicial both.
Magistrate
OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY
142 | Being member of unlawful assembly | May arrest without warrant | Summons | Bailable | Not compoundable | Imprisonment of either description for 6 months or fine or both. | Any judicial Magistrate |
144 | Joining unlawful assembly armed with deadly weapon | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 2 years or fine or both. | Ditto |
145 | Joining or continuing In unlawful assembly, knowing it has been commanded to disperse | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
147 | Rioting | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
148 | Rioting, armed with deadly weapon | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 3 years or fine or both. | Magistrate of First class. |
149 | Every member of unlawful assembly guilty of offence committed in prosecution of common object | According as arrests may be made without warrant for the offence or not. | According as warrant or summons may issue for the offence. | According as offence is bailable or not | Ditto | Same as for the offence. | The Court by which the offence is triable. |
150 | Hiring, or conniving at hiring, of persons to Join unlawful assembly | May arrest without warrant | According to the offence committed by the hired, engaged or employed | Ditto | Ditto | The same as for a member of such assembly and for any offence committed by any member of such assembly. | Ditto |
151 | Knowingly joining or continuing in assembly of five or more persons after it has commanded to disperse | Ditto | Summons | Bailable | Ditto | Imprisonment of either description for 6 months or fine or both. | Any judicial Magistrate |
152 | Assaulting to obstructing public servant when suppressing riot, etc. | Ditto | Warrant | Ditto | Ditto | Imprisonment of either description for 3 years or fine or both. | Magistrate of First class. |
---|---|---|---|---|---|---|---|
153 | Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed | Ditto | Summons | Bailable | Not compoundable | Imprisonment of either description for 1 year or fine or both. | Any judicial Magistrate |
153A | Promoting enmity between different groups, etc. | Ditto | Warrant | Not bailable | Ditto | Imprisonment of either description for 5 years and fine. | Magistrate of First class. |
153B | Inducing students, etc., take part in political activity | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
154 | Owner or occupier of land on which an unlawful assembly is held | Shall not arrest without warrant | Summons | Bailable | Ditto | Fine of 1000 Rupees. | Magistrate of First or second class. |
155 | Liability of person for whose benefit riot is committed | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
156 | Liability of agent of owner or occupier for whose benefit riot is committed | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
157 | Harbouring persons hired for an unlawful assembly | May arrest without warrant | Ditto | Ditto | Ditto | Imprisonment of either description for 6 months or fine or both. | Ditto |
158 | Being hired to take part in an unlawful assembly or riot or to go armed | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
Or to go armed | Ditto | Warrant | Ditto | Ditto | Imprisonment of either description for 2 years or fine or both. | Ditto | |
160 | Committing affray | Shall not arrest without warrant | Summons | Ditto | Ditto | Imprisonment of either description for 1 month or fine or both. | Any judicial Magistrate |
OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS
161 | Public servant taking gratification other than legal remuneration in respect to an official act | Shall not arrest without warrant | Summons | Bailable | Not compoundable | Imprisonment of either description for 3 years or fine or both. | Magistrate of First class. |
165A | Abetment of offences defined in Sections 161 and 165 | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
166 | Public servant disobeying law, with intent to cause injury to any person | Ditto | Ditto | Ditto | Ditto | Simple imprisonment for 1 years or fine or both. | Ditto |
167 | Public servant framing an incorrect document with intent to cause injury | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 3 years or fine or both. | Magistrate of First class. |
168 | Public servant unlawfully engaging in trade | Ditto | Ditto | Ditto | Ditto | Simple imprisonment for 1 year or fine or both. | Magistrate of First class. |
169 | Public servant unlawfully buying or bidding for property | Ditto | Ditto | Ditto | Ditto | Simple imprisonment for 2 years or fine or both and confiscation of property, if purchased. | Ditto |
170 | Personating a public servant | May arrest without warrant | Warrant | Ditto | Ditto | Imprisonment of either description for 2 years or fine or both. | Any Magistrate |
171 | Wearing garb or carrying token used by public servant with fraudulent intent | Ditto | Summons | Ditto | Ditto | Imprisonment of either description for 3 months or fine of 200 Rupees or both. | Ditto |
171E | Bribery | Shall not arrest without warrant | Summons | Bailable | Not compoundable | Imprisonment of either description for one years or fine or both of if treating only, fine only. | Magistrate of First class. |
171F | Punishment for undue influence or personation at an election | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for one year or fine or both. | Ditto |
False statement in | |||||||
171 | connection with an | ||||||
G | election | Ditto | Ditto | Ditto | Ditto | Fine | Ditto |
171H | Illegal payments in connection with an election | Ditto | Ditto | Ditto | Ditto | Fine of 500 Rupees. | Ditto |
171-I | Failure to keep election accounts | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
171-J | Inducing any person not to participate in any election or referendum, etc. | May arrest without warrant | Warrant | Not bailable | Ditto | Imprisonment of either description for 3 years or fine of 5 lacs Rupees or both. | Court of Session or Magistrate of first class . |
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
172 | Absconding to avoid service of summons or other proceeding from a public servant. | Shall not arrest without warrant | Summons | Bailable | Not compoundable | Simple imprisonment for 1 month or fine of 500 rupees or both. | Any judicial Magistrate |
If Summons or notice requires attendance in person, etc. in a court of Justice. | Ditto | Ditto | Ditto | Ditto | Simple imprisonment for 6 months or fine of 1000 rupees or both. | Ditto | |
173 | Preventing service or the affixing of any summons or notice or the removal of it when it has been affixed, or preventing a proclamation. | Ditto | Ditto | Ditto | Ditto | Simple imprisonment for 1 month or fine of 500 rupees or both. | Magistrate of First or second class. |
If summons etc. required attendance in person etc. in a Court of justice. | Ditto | Ditto | Ditto | Ditto | Simple imprisonment for 6 months or fine of 1000 rupees or both. | Ditto | |
174 | Not obeying a legal order to attend at a certain place in person or by agent or departing there from without authority. | Ditto | Ditto | Ditto | Ditto | Simple imprisonment for 1 month or fine of 500 rupees or both. | Any judicial Magistrate |
If the order requires attendance in person, etc. in a court of Justice. | Ditto | Ditto | Ditto | Ditto | Simple imprisonment for 6 months or fine of 1000 rupees or both. | Ditto | |
---|---|---|---|---|---|---|---|
If it be a proclamation issued under Section 87 of this Code. | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 years . | Ditto | |
175 | Intentionally omitting to produce document to public servant by person legally bound to produce it or deliver such document | Ditto | Ditto | Ditto | Ditto | Simple imprisonment for 1 month or fine of 500 rupees or both. | The Court in which the offence is committed subject to the provisions of Chapter XXXV, or if not committed in a court, a magistrate of First or second Class |
176 | If the document is required to be produced in or delivered to a Court of justice. | Ditto | Ditto | Ditto | Ditto | Simple imprisonment for 6 months or fine of 1000 rupees or both. | Ditto |
Intentionally omitting to give notice or information to a public servant by a person legally bound to give such notice or information. | Ditto | Ditto | Ditto | Ditto | Simple imprisonment for 6 months or fine of 1000 rupees or both. | Magistrate of First or second class. | |
If the notice or information required respects the commission of an offence etc. | Ditto | Ditto | Ditto | Ditto | Simple imprisonment for 6 months or fine of 1000 rupees or both. | Ditto | |
If the notice or information required by an order passed under subsection (1) of Section 565 of this Code. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 6 months or fine of 1000 rupees or both. | Ditto | |
177 | Knowingly furnishing false information to | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
public servant. | |||||||
---|---|---|---|---|---|---|---|
If the information required respects the commission of an offence. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 2 years or fine, or both. | Ditto | |
178 | Refusing oath or affirmation when duly required to take oath by a public servant. | Ditto | Ditto | Ditto | Ditto | Simple imprisonment for 6 months or fine of 1000 rupees or both. | The Court in which the offence is committed subject to the provisions of Chapter XXXV, or if not committed in a court, a magistrate of First or second Class |
179 | Being legally bound to state truth and refusing to answer questions. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
180 | Refusing to sign statement made to a public servant when legally required to do so. | Ditto | Ditto | Ditto | Ditto | Simple imprisonment for 3 months or fine of 500 rupees or both. | Ditto |
181 | Knowingly statement to a public servant on oath as true that which is false. | Warrant | Imprisonment of either description for 3 years and fine. | Magistrate of First or second class. | |||
182 | 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. | Ditto | Summons | Ditto | Ditto | Imprisonment of either description for 6 months and fine of 1000 rupees, or both.. | Magistrate of First or second class. |
183 | Resistance to the taking of property by the lawful authority of a public servant | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
184 | Obstructing sale of property offered for sale by authority of public servant | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 1 month and fine of 500 rupees, or both.. | Ditto |
185 | Bidding by a person under a legal incapacity to purchase it for property at a lawfully authorised sale or bidding without intending to perform the obligations incurred thereby. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 1 month and fine of 200 rupees, or both.. | Ditto |
186 | Obstructing public servant in discharge of public functions | Ditto | Ditto | Ditto | Ditto | Simple imprisonment for 3 months or fine of 500 rupees or both. | Ditto |
187 | Omission to assist public servant when bound by law to give assistance | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 1 month and fine of 200 rupees, or both.. | Ditto |
Wilfully neglecting to aid a public servant who demands aid in the execution of process, the prevention of offence, etc. | Ditto | Ditto | Ditto | Ditto | Simple imprisonment for 6 months or fine of 500 rupees or both. | Ditto | |
188 | Disobedience to order lawfully promulgated by public servant if such disobedience causes obstruction, annoyance or injury to persons lawfully employed. | Ditto | Ditto | Not bailable | Ditto | Simple imprisonment for 1 month or fine of 200 rupees or both. | Ditto |
If such disobedience caused danger to human life, health or safety etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 6 month and fine of 1000 rupees, or both. | Ditto |
189 | Threatening a public servant with injury to him or one in whom he is interested to induce him to do any official Act | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 2 years or fine , or both. | Ditto |
190 | Threatening any person to induce him to refrain from making a legal application for protection from injury. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 1 year or fine , or both. | Ditto |
OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
193 | Giving or fabricating false evidence in a judicial process. | Shall not arrest without warrant | Warrant | Bailable | Not compoundable | Imprisonment of either description for 7 years and fine. | Court of Session or Magistrate of first class . |
194 | Giving or fabricating false evidence with intent to procure conviction of capital offence | Ditto | Ditto | Not bailable | Ditto | Imprisonment for life or rigorous imprisonment for 10 years and fine. | Court of Sessions |
If innocent person be thereby convicted and executed | Ditto | Ditto | Ditto | Ditto | Death or as above | Ditto | |
195 | Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or for a term of seven years or upwards | Ditto | Ditto | Ditto | Ditto | The same as for the offence. | Ditto |
200 | Using as true such declaration knowing it to be false | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
201 | Causing disappearance of evidence of an offender, committed or giving false information touching it to screen offender, if a capital offence. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years and fine. | Court of Session |
If punishable with imprisonment for life or for 10 years | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 3 years and fine. | Magistrate of first class. | |
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If punishable with less than ten years imprisonment | Ditto | Ditto | Ditto | Ditto | Imprisonment extending to quarter of the longest term, and of any description provided for the offence, or fine or both. | Magistrate of first class or the court by which the offence is triable. | |
202 | Intentional omission to give information of offence by person bound to inform | Ditto | Summons | Bailable | Ditto | Imprisonment for 6 months or fine, or both. | Magistrate of First or second class. |
203 | Giving false information respecting an offence committed | Ditto | Warrant | Ditto | Ditto | Imprisonment for 2 years or fine, or both. | Ditto |
204 | Secreting of destroying any document to prevent its production as evidence | Ditto | Ditto | Ditto | Ditto | Ditto | Magistrate of First. |
205 | False personation for purpose of act or proceeding in suit or criminal prosecution or for becoming bail or authority. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 3 years or fine, or both. | Ditto |
206 | Fraudulent removal or concealment of property to prevent its seizure as forfeited or in satisfaction of fine under sentence or in execution of a decree. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 2 years or fine, or both. | Magistrate of First or second class. |
207 | 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. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
---|---|---|---|---|---|---|---|
208 | Fraudulently suffering decree to pass for a sum not due or suffering decree to be executed after it has been satisfied. | Ditto | Ditto | Ditto | Ditto | Ditto | Magistrate of first class. |
209 | False claim in a Court of Justice | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 2 years and fine. | Ditto |
210 | Fraudulently obtaining decree to pass for sum not due or causing decree to be executed after it has been satisfied. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 2 years or fine, or both. | Ditto |
211 | False charge of offence made with intent to injure | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
If offence charged be punishable with imprisonment 7 years and upward. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years and fine. | Court of Session or Magistrate of first class . | |
If offence charged be capital or punishable with imprisonment for life. | Ditto | Ditto | Ditto | Ditto | Ditto | Court of Session | |
212 | Harbouring offender if the offence be capital. | May arrest without warrant | Ditto | Ditto | Ditto | Imprisonment of either description for 5 years and fine. | Court of Session or Magistrate of first class . |
212 (Cont d.) | If punishable with imprisonment for life, or with imprisonment for 10 years. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 3 years and fine. | Magistrate of first class . |
If punishable with imprisonment for one year and not for 10 years | Ditto | Ditto | Ditto | Ditto | Imprisonment extending to quarter of the longest term, and of any description provided for the offence, or fine or both. | Magistrate of first class or the court by which the offence is triable. | |
213 | Taking gift, etc., to screen an offender from punishment if the offence be capital | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years and fine. | Court of Session |
if punishable with imprisonment for life, or with imprisonment for 10 years | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 3 years and fine. | Magistrate of first Class. | |
If with imprisonment for less than10 years | Ditto | Ditto | Ditto | Ditto | Imprisonment extending to quarter of the longest term, and of any description provided for the offence, or fine or both. | Magistrate of first Class or the court by which the offence is triable. | |
214 | Offering gift or restoration of property in consideration of screening offender if the offence be capital. | Shall not arrest without warrant | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years and fine. | Court of Session |
214 (Cont d.) | if punishable with imprisonment for life, or with imprisonment for 10 years | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 3 years and fine. | Magistrate of first Class. |
If with imprisonment for less than10 years | Ditto | Ditto | Ditto | Ditto | Imprisonment extending to quarter of the longest term, and of any description provided for the offence, or fine or both. | Magistrate of first Class or the court by which the offence is triable. | |
215 | Taking gift to help to recover property of which a person has been deprived by an offence without causing apprehension of the offender. | May arrest without warrant | Ditto | Ditto | Ditto | Imprisonment of either description for 2 years or fine, or both. | Magistrate of first Class. |
216 | Harbouring offender who has escaped from custody or whose apprehension has been ordered, if the offence be capital. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years and fine. | Court of Session or Magistrate of first Class. |
If punishable with imprisonment for life, or with imprisonment for 10 years | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 3 years and fine. | Magistrate of first Class. | |
If with imprisonment for 1 year and not for 10 years | Ditto | Ditto | Ditto | Ditto | Imprisonment extending to quarter of the longest term, and of any description provided for the offence, or fine or both. | Magistrate of first Class or the court by which the offence is triable. | |
216A | Harbouring robbers or dacoits | Ditto | Ditto | Ditto | Ditto | Rigorous imprisonment for 7 years and fine. | Court of Session or Magistrate of first Class. |
217 | Public servant disobeying direction of law with intent to save persons from punishment or property from forfeiture | Shall not arrest without warrant | Summons | Ditto | Ditto | Imprisonment of either description for 2 years or fine, or both. | Magistrate of First or second class. |
218 | Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture | Ditto | Warrant | Ditto | Ditto | Imprisonment of either description for 3 years or fine, or both. | Magistrate of first Class. |
219 | Public servant in judicial proceeding corruptly making and announcing an order, report, verdict or decision which he know to be contrary to taw | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years or fine, or both. | Court of Sessions |
220 | Commitment for trial or confinement by person having authority who knows that he is acting contrary to law | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years or fine, or both. | Court of Sessions |
221 | Intentional omission to apprehend on the part of public servant bound by law to apprehend an offender if the offence be capital. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years or fine, or both. | Ditto |
If punishable with imprisonment for life, or with imprisonment for 10 years | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 3 years or fine, or both. | Magistrate of First Class. | |
If with imprisonment for less than10 years | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 2 years or fine, or both. | Magistrate of First or second Class. | |
222 | Intentional omission to apprehend on the part of public servant bound by law to apprehend person under sentence of a Court of Justice , if under sentence of death. | Ditto | Ditto | Not bailable | Ditto | Imprisonment for life or imprisonment of either description for 14 years with or without fine. | Court of Sessions |
222 (Cont d.) | If under sentence of imprisonment for life, or imprisonment for 10 years or upward. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years with or without fine. | Ditto |
---|---|---|---|---|---|---|---|
If with imprisonment for less than10 years or lawfully committed to custody. | Ditto | Ditto | Bailable | Ditto | Imprisonment of either description for 7 years with or without fine. | Magistrate of First Class. | |
223 | Escape from confinement or custody negligently suffered by public servant | Ditto | Summons | Ditto | Ditto | Simple imprisonment for 2 years or fine, or both. | Magistrate of First or second Class. |
224 | Resistance or obstruction by a person to his lawful apprehension | May arrest without warrant | Warrant | Ditto | Ditto | Imprisonment of either description for 2 years or fine, or both. | Ditto |
225 | Resistance or obstruction to lawful apprehension of another person or rescuing him from lawful custody | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 2 years or fine, or both. | Magistrate of First or second Class. |
If charged with an offence punishable with imprisonment for life, or with imprisonment for 10 years | Ditto | Ditto | Not bailable | Ditto | Imprisonment of either description for 3 years or fine, or both. | Magistrate of First Class. | |
If charged with a capital offence. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years or fine, or both. | Court of Sessions | |
If charged with an offence punishable with imprisonment for life, or with imprisonment for 10 years or upward. | Ditto | Ditto | Ditto | Ditto | Ditto | Court of Sessions |
225 (Cont d.) | If under sentence of death. | Ditto | Ditto | Ditto | Ditto | Imprisonment for life or imprisonment of either description for 10 years and fine. | Court of Sessions |
---|---|---|---|---|---|---|---|
225A | Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for | Ditto | |||||
In case of intentional omission of sufferance | Shall not arrest without warrant | Ditto | Bailable | Ditto | Imprisonment of either description for 3 years or fine, or both. | Magistrate of First Class. | |
In case of negligent omission of sufferance | Ditto | Summons | Ditto | Ditto | Imprisonment of either description for 2 years or fine, or both. | Magistrate of First or second Class. | |
225B | Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for | May arrest without warrant | Warrant | Ditto | Ditto | Imprisonment of either description for 6 months or fine, or both. | Ditto |
227 | Violation of condition of remission of punishment | Shall not arrest without warrant | Summons | Not bailable | Ditto | Punishment of original sentence or if the part of the punishment has been undergone, the residue. | The Court by which the original offence was triable. |
228 | Intentional insult or interruption to public servant sitting in any stage of a judicial proceeding. | Ditto | Ditto | Bailable | Ditto | Simple imprisonment for 6 months or fine of 1000 rupees, or both. | The Court in which the offence is committed subject to the provisions of Chapter XXXV. |
229 | Personation of a juror or assessor | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 2 years or fine, or both. | Magistrate of First Class. |
OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS
231 | Counterfeiting or performing any part of the process of counterfeiting coin. | May arrest without warrant | Warrant | Not bailable | Ditto | Imprisonment of either description for 7 years and fine. | Court of Sessions |
---|---|---|---|---|---|---|---|
232 | Counterfeiting or performing any part of the process of counterfeiting Pakistani coin. | Ditto | Ditto | Ditto | Ditto | Imprisonment for life or imprisonment of either description for 10 years and fine. | Court of Sessions |
233 | Making buying or selling instrument for the purpose of counterfeiting coin | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 3 years and fine. | Magistrate of First Class. |
234 | Making buying or selling instrument for the purpose of counterfeiting Pakistani coin | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years and fine. | Court of Sessions |
235 | Possession of instrument or material for the purpose of using the same for counterfeiting coin | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 3 years and fine. | Magistrate of First Class. |
If Pakistani coin | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 10 years and fine. | Court of Sessions | |
236 | Abetting in Pakistan the counterfeiting out of Pakistan of coin | Ditto | Ditto | Ditto | Ditto | The punishment provided for abetting the counterfeiting of such coin within Pakistan | Ditto |
237 | Import or export of counterfeit coin knowing the same to be counterfeit. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 3 years and fine. | Magistrate of First Class. |
238 | Import or export of counterfeits of Pakistani coin knowing the same to be counterfeit. | Ditto | Ditto | Ditto | Ditto | Imprisonment for life or imprisonment of either description for 10 years and fine. | Court of Sessions |
239 | Having any counterfeit coin known to be such when it came into possession and delivering etc. the same to any person. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 5 years and fine. | Court of Session or Magistrate of first Class. |
240 | The same with respect to Pakistani coin. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 10 years and fine. | Ditto |
241 | Knowing delivering to another any counterfeit coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 2 years or fine of ten times the value of the coin counterfeited or both. | Magistrate of First or second Class. |
242 | Possession of counterfeit coin by person who knew It to be counterfeit when he became possessed thereof | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 3 years and fine. | Magistrate of First Class. |
243 | Possession of Pakistan coin by person who knew it to be counterfeit when he became possessed thereof | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years and fine. | Court of Session or Magistrate of first Class. |
244 | Person employed in mint causing coin to be of different weight or composition from that fixed by law | Ditto | Ditto | Ditto | Ditto | Ditto | Court of Session |
245 | Unlawfully taking coining instrument from mint | Ditto | Ditto | Ditto | Ditto | Ditto |
246 | Fraudulently or dishonestly diminishing weight or altering composition of coin | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 3 years and fine. | Magistrate of First Class. |
247 | Fraudulently or dishonestly diminishing weight or altering composition of Pakistan coin | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years and fine. | Court of Session or Magistrate of first Class. |
248 | Altering appearance of coin with intent that ft shall pass as coin of different description | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years and fine. | |
249 | Altering appearance of Pakistan coin with intent that it shall pass as coin of different description | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years and fine. | Court of Session or Magistrate of first Class. |
250 | Delivery to another of coin, possessed with the knowledge that it is altered. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years and fine. | Ditto |
251 | Delivery of Pakistan coin possessed with knowledge that it is altered | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years and fine. | Ditto |
252 | Possession of altered coin by person who knew it to be altered when he became possessed thereof | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years and fine. | Magistrate of first Class. |
253 | Possession of Pakistan coin by person who knew it to be altered when he became possessed thereof | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years and fine. | Court of Session or Magistrate of first Class. |
254 | Delivery to another of coin as genuine which, when first possessed, the deliverer did not know to be altered. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 2 years and fine of ten times of the value of coin. | Magistrate of First or second Class. |
255 | Counterfeiting Government stamp | Ditto | Ditto | Ditto | Ditto | Imprisonment for life or imprisonment of either description for 10 years and fine. | Court of Sessions |
256 | Having possession of instrument or material for the purpose of counterfeiting Government stamp. | Ditto | Ditto | Bailable | Ditto | Imprisonment of either description for 7 years and fine. | Ditto |
257 | Making, buying or selling instrument for the purpose of counterfeiting Government stamp | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years and fine. | Ditto |
258 | Sale of counterfeit Government stamp | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
259 | Having possession of counterfeit Government stamp | Ditto | Ditto | Ditto | Ditto | Ditto | Court of Session or Magistrate of first Class. |
260 | Using as genuine a Government stamp known to be counterfeit | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years or fine or both. | Ditto |
261 | Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 3 years or fine or both. | Magistrate of first Class. |
262 | Using Government stamp known to have been before used | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 2 years or fine or both. | Magistrate of First or second Class. |
263 | Erasure of mark denoting that has been used | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 3 years or fine or both. | Magistrate of First . |
263A | Fictitious stamp | Ditto | Ditto | Ditto | Ditto | Fine of 200 rupees. | Magistrate of First Class. |
OF OFFENCES RELATING TO WEIGHTS AND MEASURES
264 | Fraudulent use of false instrument for weighing | Shall not arrest without warrant | Summons | Ditto | Ditto | Imprisonment of either description for 1years or fine or both. | Magistrate of First or second Class. |
265 | Fraudulent use of false weight or measure | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
266 | Being in possession of false weight or measures for fraudulent use. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
267 | Making or selling false weight or measures for fraudulent use. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
269 | Negligently doing any act knowingly likely to spread infection of disease dangerous to life | May arrest without warrant | Ditto | Ditto | Ditto | Imprisonment of either description for 6 months or fine or both. | Ditto |
270 | Malignantly doing any act knowingly likely to spread infection of disease dangerous to life | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 2 years or fine or both. | Ditto |
271 | Knowingly disobeying any quarantine rule | Shall not arrest without warrant | Ditto | Ditto | Ditto | Imprisonment of either description for 6 months or fine or both. | Ditto |
272 | Adulteration of food or drink intended for sale so as to make the same noxious | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 6 months or fine of 1000 rupees or both. | Ditto |
273 | Selling any food or drink as food and drink knowing the same to be noxious. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
274 | Adulteration any drug or medical preparation intended for sale so a to lessen its efficacy or to change its operation or to make it noxious | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
275 | Offering for sale or issuing from dispensary any drug or medical preparation known to have been adulterated. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
276 | Knowing, selling or issuing from dispensary any drug or medical preparations as a different drug or medical preparations | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
277 | Defiling the water of a public spring or reservoir. | May arrest without warrant | Ditto | Ditto | Ditto | Ditto | Ditto |
278 | Making atmosphere noxious to health | Shall not arrest without warrant | Ditto | Ditto | Ditto | Ditto | Ditto |
279 | Driving or riding on a public way so rashly or negligently as to endanger human life etc. | May arrest without warrant | Ditto | Ditto | Ditto | Imprisonment of either description for 2 years or fine of 1000 rupees or both. | Magistrate of First or second Class. |
280 | Navigating any vessel so rashly or negligently as to endanger human life etc. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
281 | Exhibition of false light, mark or buoy | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years or fine or both. | Court of Sessions |
282 | Conveying for hire any person by water in a vessel in such a state or so loaded as to endanger human | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 6 months or fine of 1000 rupees or both. | Magistrate of First or second Class. |
life. | |||||||
283 | Causing danger or obstruction or injury in any public way or line of navigation | Ditto | Ditto | Ditto | Ditto | Fine of 200 rupees. | Ditto |
284 | Dealing with any poisonous substance so as to endanger human life, etc. | Shall not arrest without warrant | Ditto | Ditto | Ditto | Imprisonment of either description for 6 months or fine of 1000 rupees or both. | Ditto |
285 | Dealing with fire or any combustible matter so as to endanger human life, etc. | May arrest without warrant | Ditto | Ditto | Ditto | Ditto | Any judicial Magistrate |
286 | So dealing with any explosive substance. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
287 | So dealing with any machinery. | Shall not arrest without warrant | Ditto | Ditto | Ditto | Ditto | Magistrate of First or second Class. |
288 | A person omitting to guard against probable danger to human life by the fall of any building over which he ha a right entitling him to pull it down or repair it. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
289 | A person omitting to take any order with animal in his possessing so as to guard against p danger to human life or of grievous hurt from such animal. | May arrest without warrant | Ditto | Ditto | Ditto | Ditto | Any judicial Magistrate |
290 | Committing a public nuisance. | Shall not arrest without warrant | Ditto | Ditto | Ditto | Fine of 200 rupees. | Ditto |
291 | Continuance of nuisance after injunction to discontinue. | May arrest without warrant | Ditto | Ditto | Ditto | Simple imprisonment 6 months or fine or both. | Magistrate of First or second Class. |
292 | Sale, etc., of obscene books, etc. | Ditto | Warrant | Ditto | Ditto | Imprisonment of either description for 3 months or fine or both. | Magistrate of First Class. |
293 | Sale, etc., of obscene objects to young person. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 6 months or fine or both. | Ditto |
294 | Obscene acts and songs | Shall not arrest without warrant | Ditto | Ditto | Ditto | Imprisonment of either description for 3 months or fine or both. | Any judicial Magistrate |
294A | . Keeping lottery office | Ditto | Summons | Ditto | Ditto | Imprisonment of either description for 6 months or fine or both. | Ditto |
Publishing products in relation to lotteries. | Ditto | Ditto | Ditto | Ditto | Fine of 1000 rupees. | Ditto | |
294B | Offering of prize in connection with trade, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 6 months or fine or both. | Any judicial Magistrate |
OFFENCES RELATING TO RELIGION
295 | Destroying, damaging or defiling place of worship, or sacred object with intent to insult the religion of any class | May arrest without warrant | Ditto | Bailable | Ditto | Imprisonment of either description for 2 years or fine or both. | Magistrate of First or second Class. |
295-A | Malicious insulting the religion or religious feelings of any class | Shall not arrest without warrant | Warrant | Not bailable | Ditto | Imprisonment of either description for 10 years or fine or both. | Magistrate of First or second Class. |
295-B | Defiling, etc., of Holy Qur'an | May arrest without warrant | Ditto | Ditto | Ditto | Imprisonment for life | Court of Session. |
295-C | Using derogatory remarks, etc., in respect of the Holy Prophet | May arrest without warrant | Ditto | Ditto | Ditto | Imprisonment for life and fine. | Court of Session which shall be presided over by a Muslim. |
296 | Causing disturbing to an assembly engaged in religious worship. | Ditto | Summons | Bailable | Ditto | Imprisonment of either description for 1 year or fine or both. | Magistrate of First or second Class. |
297 | Trespassing in place of worship or sculpture, disturbing funereal with intention to wound the feelings or to insult the religion of any person or offering indignity to human corpse, on burial places, etc. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
298 | Uttering any word or making any sound in hearing or making any gesture or placing any object in sight of any person with intention to wound his religious feelings | Shall not arrest without warrant | Ditto | Ditto | Compoundable | Ditto | Ditto |
298-A | Use of derogatory remarks, etc. in respect of holy personages | May arrest without warrant | Ditto | Ditto | Not compoundable | Imprisonment of either description for 3 years or fine or both. | Ditto |
298-B | Misuse of epithets, descriptions and titles, etc. reserved for certain holy personages or places | Ditto | Ditto | Not bailable | Ditto | Imprisonment of either description for 2 years and fine. | Ditto |
298-C | Person of Quadiani group, etc., calling himself a Muslim or preaching or | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
propagating his faith | |||||||
302 | Qatl-i-amd | Ditto | Warrant | Ditto | Ditto | Qisa or death, imprisonment for life or imprisonment up to 25 years. | Court of Sessions |
303 | Qatl committed under ikrah-i-tam. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 25 years but not less than 10 years. | Ditto |
Causing of ikrahi-tam for commission of qatl. | Ditto | Ditto | Ditto | Ditto | Punishment provided for the kind of qatl committed. | Ditto | |
Qatl committed under ikrah-inaqis. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto | |
Causing of ikrahi-naqis for commission of qatl | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 10 years. | Ditto | |
306 | Qatl-i-amd not liable to qisas | Ditto | Ditto | Ditto | Ditto | Diyat and imprisonment of either description for 14 years. | Ditto |
311 | Qatl-I- amd when waived or compounding | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 10 years. | Ditto |
312 | Qatl-i-amd after afterr compounding of qisas, etc | Ditto | Ditto | Ditto | Ditto | Qisa or diyat | Ditto |
316 | Qatl shibh-i-amd | Ditto | Ditto | Ditto | Ditto | Diyat and imprisonment of either description for 14 years. | Ditto |
319 | Qatl-i-khata | Ditto | Ditto | Bailable | Ditto | Diyat and imprisonment of either description for 5 years. | Ditto |
320 | Punishment for qatl-i-khata by rash or negligent driving | Ditto | Ditto | Ditto | Ditto | Diyat and imprisonment of either description for 10 years. | Ditto |
322 | Oatl-bis-sabab | Ditto | Ditto | Not bailable | Ditto | Diyat | Ditto |
324 | Attempt to commit qatl-i-amd | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 10 years and fine, qisas or arsh in case of hurt and imprisonment up to 7 years. | Ditto |
325 | Attempt to commit suicide | Ditto | Ditto | Bailable | Ditto | Simple imprisonment 1 year or fine or both. | Magistrate of First or second Class. |
327 | Being a thug | Ditto | Ditto | Not bailable | Ditto | Imprisonment for life and fine. | Court of Sessions |
328 | Exposure and abandonment of child under twelve years by parent or person having care of it with intention oh wholly abandoning it. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years or fine or both. | Court of Session or Magistrate of first Class. |
329 | Concealment of birth by secret disposal of dead body | Ditto | Ditto | Bailable | Ditto | Imprisonment of either description for 2 years or fine or both. | Magistrate of first Class. |
334 | Itiaf-i-udw | Ditto | Ditto | Not bailable | Compoundable | Qisa or arsh and imprisonment of either description for 10 years . | Court of Sessions |
336 | Itlaf-i-salahiyyat-iudw | Ditto | Ditto | Ditto | Ditto | Qisa or arsh and imprisonment of either description for 10 years . | Ditto |
337-A 337-A (Contd. ) | I. Shajjah-I-Khafifa | Shall not arrest without warrant | Summons | Bailable | Ditto | Qisa or arsh and imprisonment of either description for 10 years . | Magistrate of first Class. |
---|---|---|---|---|---|---|---|
ii. Shajjah-imudihah | May arrest without warrant | Warrant | Not bailable | Ditto | Qisa or arsh and imprisonment of either description for 5 years . | Court of Session or Magistrate of first Class. | |
iii. Shajjah-Ihashimah | Ditto | Ditto | Ditto | Ditto | Arsh and imprisonment of either description for 7 years . | Ditto | |
iv. Shajjah-Imudihahnaqqliah | Ditto | Ditto | Ditto | Ditto | Arsh and imprisonment of either description for 10 years . | Ditto | |
v. Shajjah-Iammah | Ditto | Ditto | Ditto | Ditto | Arsh and imprisonment of either description for 10 years . | Ditto | |
vi. Shajjah-Idamighah | Ditto | Ditto | Ditto | Ditto | Qisa or arsh and imprisonment of either description for 14 years . | Ditto | |
337-D | Jaifah | Ditto | Ditto | Ditto | Ditto | Arsh, imprisonment of either description for 10 years and punishment provided for ItlafI-Udw and Itlaf-ISalahiyyat-I-udw if caused. | Ditto |
337-F | I. Damiyah | Shall not arrest without warrant | Summons | Bailable | Ditto | Daman, and imprisonment of either description for 1 year . | Magistrate of first Class. |
337-F (Cont.) | ii. Badiah | May arrest without warrant | Warrant | Not bailable | Ditto | Daman, and imprisonment of either description for 3 years . | Ditto |
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iii. Mutalahimah | Ditto | Ditto | Ditto | Ditto | Daman, and imprisonment of either description for 3 years . | Ditto | |
iv. Mudibah | Ditto | Ditto | Ditto | Ditto | Daman, and imprisonment of either description for 5 years . | Court of Session or Magistrate of first Class. | |
v. Hashimah | Ditto | Ditto | Ditto | Ditto | Daman, and imprisonment of either description for 5 years . | Ditto | |
vi. Munaqqilah | Ditto | Ditto | Ditto | Ditto | Daman, and imprisonment of either description for 7 years . | Ditto | |
337-G | Hurt by rash or negligent driving | Ditto | Ditto | Bailable | Ditto | Arsh, or daman, and imprisonment of either description for 5 years . | Magistrate of first Class. |
337-H | I. Hurt by rash or negligent act | Ditto | Ditto | Ditto | Ditto | Arsh, or daman, and imprisonment of either description for 3 years . | Magistrate of First or second Class. |
ii. A rash or negligent act to endanger human life or personal safety of others. | Shall not arrest without warrant | Summons | Ditto | Ditto | Imprisonment of either description for 3 month, or with fine, or with both . | Ditto | |
337-I | Hurt by mistake (khata) | Ditto | Ditto | Ditto | Ditto | Arsh or daman for the kind of hurt caused. | Magistrate of first Class. |
337-J | Hurt by means of a poison | May arrest without warrant | Warrant | Not bailable | Ditto | Arsh or daman provided for the kind of hurt caused and imprisonment of either description for 10 years. | Court of Sessions |
337-K | Hurt for extorting confession, etc. | Ditto | Ditto | Ditto | Ditto | Arsh or daman provided for the kind of hurt caused and imprisonment of either description for 10 years. | Ditto |
337-L | (a) Hurt other than specified in sections here-tobefore | Ditto | Ditto | Ditto | Ditto | Daman, and imprisonment of either description for 7 years . | Court of Session or Magistrate of first Class. |
(b) Other hurts not covered here-to-before | Shall not arrest without warrant | Summons | Bailable | Ditto | Daman, and imprisonment of either description for 2 years . | Magistrate of first Class. | |
337-M | Hurt not liable to qisas | Ditto | Ditto | Ditto | Ditto | Arsh, tazir and punishment for the kind of hurt caused. | Ditto |
337-N | Hurts where qisas can not be enforced. | May arrest without warrant | Warrant | Not bailable | Ditto | Arsh, tazir and punishment for the kind of hurt caused. | Court of Session or Magistrate of first Class. |
338-A | (a) Isqat-i-Hamal with consent. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 3 years and punishment provided for the kind of hurt or death if caused. | Ditto |
(b) Isqat-i-Hamal with out consent. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 3 to 10 years and punishment provided for the kind of hurt or death if caused. | Ditto | |
338-C | lsqat-i-janin | Ditto | Ditto | Ditto | Ditto | Diyat, tazir and imprisonment of either description for 7 years and punishment provided for the kind of hurt or death if caused. | Court of Session or Magistrate of first Class. |
OF WRONGFUL RESTRAINT & WRONGFUL CONFINEMENT
341 | Wrongfully restraining any person | Ditto | Summons | Bailable | Ditto | Simple imprisonment for 1 month or fine of 500 rupees or both. | Any judicial Magistrate |
342 | Wrongfully confining any person | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 1 year, or with fine of 1000 rupees, or with both . | Magistrate of First or second Class. |
343 | Wrongfully confining for three or more days | Ditto | Ditto | Ditto | Compoundable when permission is given by the court before which a prosecution is pending. | Imprisonment of either description for 3 years, or with fine, or with both . | Ditto |
344 | Wrongfully confining for ten or more days | Ditto | Ditto | Ditto | Not compoundable | Imprisonment of either description for 3 years, and fine . | Magistrate of First or second Class. |
345 | Keeping a person in wrongful confinement knowing that a writ, has been issued for his liberation | Shall not arrest without warrant | Ditto | Ditto | Ditto | Imprisonment of either description for 2 years, in addition to imprisonment under any other section. | Ditto |
346 | Wrongful confinement in secret | May arrest without warrant | Ditto | Ditto | Compoundable when permission is given by the court before which a prosecution is pending. | Ditto | Ditto |
347 | Wrongful confinement for the purpose of extorting property or constraining to an illegal act. | Ditto | Ditto | Ditto | Compoundable | Imprisonment of either description for 3 years, and fine . | Magistrate of First or second Class. |
348 | Wrongful confinement for the purpose of extorting confession or information or compelling for restoration of property | Ditto | Ditto | Ditto | Ditto | Ditto | Magistrate of First Class. |
Of Criminal Force and Assault Of Kidnapping, Abduction, Slavery and Forced Labour
352 | Assault or use of criminal force otherwise than on grave provocation | Shall not arrest without warrant | Ditto | Ditto | Ditto | Imprisonment of either description for 3 months, and fine of 500 rupees or both . | Any judicial Magistrate |
353 | Assault or use of criminal force to deter public servant from discharge of his duty. | May arrest without warrant | Warrant | Ditto | Not compoundable | Imprisonment of either description for 2 years, or fine or both . | Magistrate of First or second Class. |
354 | Assault or use of criminal force to woman with intent to outrage her modesty. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
354A | Assault or use of criminal force to woman and stripping her of her | Ditto | Ditto | Not bailable | Ditto | Death or imprisonment for life, and fine | Court of Session |
clothes | |||||||
355 | Assault or criminal force with intent to dishonour a person, otherwise than on grave and sudden provocation. | Shall not arrest without warrant | Summons | Bailable | Compoundable | Imprisonment of either description for 2 years, or fine or both . | Magistrate of First or second Class. |
356 | Assault or criminal force in attempt to commit theft of property worn or carried by a person. | May arrest without warrant | Warrant | Not bailable | Not compoundable | Ditto | Any judicial Magistrate |
357 | Assault or use of criminal force in attempting wrongfully to confine person. | Ditto | Ditto | Bailable | Compoundable when permission is given by the court before which a prosecution is pending. | Imprisonment of either description for 1 year, or fine of 1000 rupees or both . | Ditto |
358 | Assault or use of criminal force on grave and sudden provocation. | Shall not arrest without warrant | Summons | Ditto | Compoundable | Simple imprisonment for 1 month or fine of 200 rupees or both. | Ditto |
363 | Kidnapping | May arrest without warrant | Warrant | Bailable | Not compoundable | Imprisonment of either description for 7 year, or fine. | Court of Session or Magistrate of first Class. |
364 | Kidnapping or abducting in order to murder | Ditto | Ditto | Not bailable | Ditto | Imprisonment for life or rigorous imprisonment for 10 years and fine. | Court of Session |
364A | Kidnapping or abducting a person under the age of fourteen | Ditto | Ditto | Ditto | Ditto | 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. | Ditto |
365 | Kidnapping or abducting with intent secretly and wrongfully to confine person | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 year, or fine. | Court of Session or Magistrate of first Class. |
365A | Kidnapping or abducting for extorting property, valuable security, etc or compelling any person………. | Ditto | Ditto | Ditto | Ditto | Death or imprisonment for life and forfeiture of property. | Court of Session |
366A | Procuration of minor girl | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
366B | Importation of girl from foreign country | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
367 | Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
368 | Concealing or keeping in confinement, kidnapped or abducted person | Ditto | Ditto | Ditto | Ditto | Punishment for kidnapping or abduction. | Court of Session or Magistrate of first Class. |
369 | Kidnapping or abducting child with intent to take property from the person of this child. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 year, or fine. | Ditto |
370 | Buying or disposing of any person as a slave | Shall not arrest without warrant | Ditto | Bailable | Ditto | Ditto |
371 | Habitual dealing in slaves | May arrest without warrant | Ditto | Not bailable | Ditto | Imprisonment for life or imprisonment of either description for 10 year, or fine. | Ditto |
372 | Selling or letting to hire a minor for purposes of prostitution, etc. | Ditto | Warrant | Not bailable | Not compoundable | Imprisonment for life or imprisonment of either description for 10 year, or fine. | Court of Session or Magistrate of first Class. |
373 | Buying or obtaining possession of a minor for purposes of prostitution, etc. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
374 | Unlawful compulsory labour | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 5 year, or fine or both. | Ditto |
Of Rape
376 | Rape: If the sexual intercourse was by a man with his own wife not being under 12 years of age. | Shall not arrest without warrant | Summons | Bailable | Not compoundable | Imprisonment of either description for 2 year, or fine or both. | Magistrate of first Class. |
---|---|---|---|---|---|---|---|
If the sexual intercourse was by a man with his own wife being under 12 years of age. | Ditto | Ditto | Ditto | Ditto | Imprisonment for life or imprisonment of either description for 10 year, or fine. | Court of Sessions | |
If any other case. | May arrest without warrant | Warrant | Not bailable | Ditto | Ditto | Ditto |
Of Unnatural Offences
377 | Unnatural offences | May arrest without warrant | Warrant | Not bailable | Not compoundable | Imprisonment for life or imprisonment of either description for 10 year, or fine. | Court of Sessions |
---|
OF OFFENCES AGAINST PROPERTY
Theft Of Extortion Of Robbery and Dacoity
378 | Theft | May arrest without warrant | Warrant | Not bailable | Not compoundable | Imprisonment of either description for 3 year, or fine or both. | Any judicial Magistrate |
380 | Theft in a building, tent or vessel. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 year, and fine. | Ditto |
381 | Theft by clerk or servant or property in possession of master or employer. | Ditto | Ditto | Ditto | Ditto | Ditto | Court of Session or Magistrate of First or Second Class. |
381A | Theft of a car or other motor vehicles | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 year, and fine. | Court of Session or Magistrate of First Class. |
382 | Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft or to retiring after committing it, or to retaining property taken by it. | Ditto | Ditto | Ditto | Ditto | Rigorous imprisonment for 10 years and fine. | Ditto |
384 | Extortion | Shall not arrest without warrant | Ditto | Bailable | Ditto | Imprisonment of either description for 3 year, or fine or both. | Magistrate of First or Second Class. |
385 | Putting or attempting to put in fear of injury in order to commit extortion. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 2 year, or fine or both. | |
386 | Extortion by putting a person in fear of death or grievous hurt | Ditto | Ditto | Not bailable | Ditto | Imprisonment of either description for 10 year, and fine. | Magistrate of First Class. |
387 | Putting or attempting to put in fear of death or grievous hurt in order to commit extortion. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 year, and fine. | Ditto |
388 | Extortion by threat of accusation of an offence punishable with death or imprisonment for life or imprisonment for 10 years, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 10 year, and fine. | Ditto |
If the offence threatened be an unnatural offence. | Ditto | Ditto | Bailable | Ditto | Imprisonment for life | Ditto | |
389 | Putting a person in fear of accusation of an offence punishable with death or imprisonment for life or imprisonment for 10 years in order to commit extortion. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 10 year, and fine. | Ditto |
389 (Cont.) | If the offence be an unnatural offence. | Ditto | Ditto | Ditto | Ditto | Imprisonment for life | Ditto |
392 | Robbery | May arrest without warrant | Warrant | Not bailable | Not compoundable | Rigorous imprisonment for 10 years, and fine | Court of Session or Magistrate of First Class. |
If committed on the highway between sunset and sunrise. | Ditto | Ditto | Ditto | Ditto | Rigorous imprisonment for 14 years, and fine | Ditto | |
393 | Attempt to commit robbery. | Ditto | Ditto | Ditto | Ditto | Rigorous imprisonment for 7 years, and fine | Ditto |
394 | Person voluntarily causing hurt in committing or attempting to commit robbery or any person jointly concerned in such robbery. | Ditto | Ditto | Ditto | Ditto | Imprisonment for life or rigorous imprisonment for 10 years, and fine | Ditto |
395 | Dacoity | Ditto | Ditto | Ditto | Ditto | Ditto | Court of Sessions |
396 | Murder in dacoity | Ditto | Ditto | Ditto | Ditto | Death, imprisonment for life or rigorous imprisonment for 10 years, and fine | Ditto |
397 | Robbery or dacoity, with attempt to cause death or grievous hurt. | Ditto | Ditto | Ditto | Ditto | Rigorous imprisonment for not more than 7 years, and fine | Ditto |
398 | Attempt to commit robbery or dacoity when armed with deadly weapon | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
399 | Making preparation to commit dacoity | Ditto | Ditto | Ditto | Ditto | Rigorous imprisonment for 10 years, and fine | Ditto |
400 | Belonging to a gang of persons associated for the purpose of habitually committing dacoity. | Ditto | Ditto | Ditto | Ditto | Rigorous imprisonment for not more than 7 years, and fine | Ditto |
401 | Belonging to a wandering gang of persons associated for the purpose of habitually committing dacoity. | Ditto | Ditto | Ditto | Ditto | Rigorous imprisonment for 7 years, and fine | Court of Session or Magistrate of First Class. |
402 | Being one of five or more persons assembled for the purpose of committing dacoity. | Ditto | Ditto | Ditto | Ditto | Ditto | Court of Sessions |
403 | Dishonest misappropriation of movable, property or converting it into one's own use. | Shall not arrest without warrant | Warrant | Bailable | Compoundable when permission is given by the court before which a prosecution is pending. | Imprisonment of either description for 2 year, or fine or both. | Any judicial Magistrate |
404 | Dishonest misappropriation of property knowing that it was in possession of deceased person at the time of his death and that it has not since been in the possession of any person legally entitled to it. | Ditto | Ditto | Ditto | Not compoundable | Imprisonment for life or rigorous imprisonment for 3 years, and fine | Magistrate of First or Second Class. |
405 | If by a person employed by the deceased. | Ditto | Ditto | Ditto | Ditto | Imprisonment for life or rigorous imprisonment for 7 years, and fine | Court of Session or Magistrate of First Class. |
Of Criminal Breach of Trust
406 | Criminal breach of trust | May arrest without warrant | Warrant | Not bailable | Not compoundable | Imprisonment of either description for 3 year, or fine or both. | Magistrate of First or Second Class. |
407 | Criminal breach of trust by carrier, what finger, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for life or rigorous imprisonment for 7 years, and fine | Court of Session or Magistrate of First Class. |
408 | Criminal breach of trust by clerk or servant | Ditto | Ditto | Ditto | Ditto | Ditto | Court of Session or Magistrate of First Class or second class. |
409 | Criminal breach of trust by public servant, or by banker, merchant or agent, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for life or imprisonment for 10 years, and fine | Court of Session or Magistrate of First Class. |
Of Receiving of Stolen Property Of Cheating Of Fraudulent Deeds and Dispossession of Property
411 | Dishonestly receiving stolen property knowing it to be stolen | Ditto | Warrant | Not bailable | Not compoundable | Imprisonment of either description for 3 year, or fine or both. | Magistrate of First or Second Class. |
412 | Dishonestly receiving stolen property knowing that it was obtained in a dacoity | Ditto | Ditto | Ditto | Ditto | Imprisonment for life or rigorous imprisonment for 10 years, and fine | Court of Session |
413 | Habitually dealing in stolen property | Ditto | Ditto | Ditto | Ditto | Imprisonment for life or imprisonment of either description for 10 year, and fine | Court of Session |
414 | Assisting in concealment or disposal of stolen property knowing it to be stolen. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 3 year, or fine or both. | Magistrate of First or Second Class. |
417 | Cheating | Shall not arrest without warrant | Warrant | Bailable | Compoundable when permission is given by the court before which a prosecution is pending. | Imprisonment of either description for 1 year, or fine or both. | Magistrate of First or Second Class. | |
418 | Cheating a person whose interest the offender either by law or by legal contract was bound to protect | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 3 year, or fine or both. | Ditto | |
419 | Cheating by personation | May arrest without warrant | Ditto | Not bailable | Ditto | Imprisonment of either description for 7 year, or fine or both. | Ditto |
420 | Cheating and thereby dishonestly inducing delivery of property, or the making or alteration or destruction of a valuable security. | Ditto | Ditto | Bailable | Ditto | Imprisonment of either description for 7 years, and fine. | Court of Session or Magistrate of First Class. |
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421 | Fraudulent removal or concealment of property to prevent distribution among creditors. | Shall not arrest without warrant | Warrant | Bailable | Not compoundable | Imprisonment of either description for 2 year, or fine or both. | Court of Session or Magistrate of First Class. |
422 | Fraudulently preventing from being made available for his creditors a debt or demand due to the offenders. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
423 | Fraudulent execution of deed of transfer containing false statement of consideration | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
424 | Fraudulent removal or concealment of property of himself or of any other person or assisting in the doing thereof, or dishonestly releasing any demand or claim to which he is entitled. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
Of Mischief
426 | Mischief | Ditto | Summons | Bailable | Compoundable when the only loss or damage caused is loss or damage to a private person. | Imprisonment of either description for 3 years, or fine or both. | Any judicial Magistrate |
427 | Mischief causing damage to the amount of fifty rupees or upward. | Ditto | Ditto | Ditto | Imprisonment of either description for 2 years, or fine or both. | Court of Session or Magistrate of First Class. |
428 | Mischief by killing, poisoning, maiming or rendering useless any animal of the value, of ten rupees or upward. | May arrest without warrant | Ditto | Ditto | Ditto | Ditto | |
429 | Mischief by killing, poisoning, maiming or rendering useless any elephant, camel, horse, etc. what ever may be, its value or any other animal of the value, of 50 rupees or upward. | Ditto | Warrant | Bailable | Not compoundable | Imprisonment of either description for 5 years, or fine or both. | Court of Session or Magistrate of First Class. |
430 | Mischief by causing diminution of supply of eater for agricultural purposes, etc. | Ditto | Ditto | Ditto | Compoundable when permission is given by the court before which a prosecution is pending. | Ditto | Ditto |
431 | Mischief by injury to public road, bridge, river or channel and rendering it impossible or less safe for travelling or conveying. | Ditto | Ditto | Ditto | Not compoundable | Ditto | Ditto |
432 | Mischief by causing Inundation or obstruction to public drainage attended with damage | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
433 | Mischief by destroying, moving or rendering less useful a light house or sea-mark or by exhibiting false lights. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years, or fine or both. | Court of Session |
434 | Mischief by destroying or moving, etc., a land-mark fixed by public authority | Shall not arrest without warrant | Ditto | Ditto | Ditto | Imprisonment of either description for 1 year, or fine or both. | Magistrate of First or Second Class. |
435 | Mischief by fire or explosive substance with intent to cause damage to amount of one hundred rupees or upward or (In case of agricultural produce) ten rupees or upward. | May arrest without warrant | Ditto | Not bailable | Ditto | Imprisonment of either description for 7 years, and fine . | Court of Session or Magistrate of First Class. |
436 | Mischief by fire or explosive substance with intent to destroy house, etc, | Ditto | Warrant | Ditto | Ditto | Imprisonment for life or imprisonment of either description for 10 year, and fine | Court of Sessions. |
437 | Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 10 years, and fine . | |
438 | The mischief described in Section 437 committed by fire or explosive substance | Ditto | Ditto | Ditto | Ditto | Imprisonment for life or imprisonment of either description for 10 year, and fine | |
439 | Running vessel aground or ashore with intent to commit theft, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 10 years, and fine . | |
440 | Mischief committed after preparation made for causing death or hurt | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 5 years, and fine . |
Of Criminal Trespass
447 | Criminal trespass | Ditto | Summons | Bailable | Compoundable | Imprisonment of either description for 3 months, and fine of 500 rupees or both. | Any judicial Magistrate |
---|---|---|---|---|---|---|---|
448 | House-trespass | Ditto | Warrant | Ditto | Ditto | Imprisonment of either description for 1 year, and fine of 1000 rupees or both. | Ditto |
449 | House-trespass in order to commit offence punishable with death | Ditto | Ditto | Not bailable | Not Compoundable | Imprisonment for life or rigorous imprisonment for 10 years, and fine | Court of Sessions. |
450 | House-trespass in order to commit offence punishable with imprisonment for life | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 10 years, and fine . | Ditto |
451 | House-trespass in order to commit offence punishable with imprisonment | Ditto | Ditto | Bailable | Ditto | Imprisonment of either description for 2 years, and fine . | Any judicial Magistrate |
If the offence is theft. | May arrest without warrant | Warrant | Not bailable | Not Compoundable | Imprisonment of either description for 7 years, and fine . | Court of Session or Magistrate of First or Second Class. | |
452 | House-trespass after preparation for hurt, assault, etc. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
453 | Lurking house-trespass or housebreaking | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years, and fine . | Magistrate of First or Second Class. |
454 | Lurking house trespass or housebreaking in order to commit offence punishable with imprisonment | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years, and fine . | Magistrate of First or Second Class. |
454 (Cont .) | If the offence is theft. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years, and fine . | Court of Session or Magistrate of First or Second Class. |
455 | Lurking house-trespass or housebreaking after preparation for hurt, assault, etc. | Ditto | Ditto | Ditto | Ditto | Ditto | Court of Session or Magistrate of First Class. |
456 | Lurking house-trespass or housebreaking by night. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years, and fine . | Magistrate of First or Second Class. |
457 | Lurking house-trespass or housebreaking by night in order to commit offence punishable with imprisonment | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years, and fine . | Court of Session or Magistrate of First Class. |
If the offence is theft. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years, and fine . | Ditto | |
458 | Lurking house-trespass or housebreaking by night after preparation for hurt, etc. | Ditto | Ditto | Ditto | Ditto | Ditto | Court of Session or Magistrate of First Class. |
459 | Hurt caused, whilst committing lurking house-trespass or house-breaking | Ditto | Ditto | Ditto | Ditto | Imprisonment for life or rigorous imprisonment for 10 years, and fine and shall also be liable to the kind of qatl committed by him or hurt caused or attempted to cause. | Court of Session |
460 | Qatl or hurt caused by one of several persons jointly concerned in lurking house-trespass or house breaking by night | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
461 | Dishonestly breaking open or unfastening any closed receptacle containing or supposed to contain property. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 2 years, or fine or both. | Magistrate of First or Second Class. |
462 | Being entrusted with any closed receptacle containing or supposed to contain property and fraudulently opening the same.. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 3 years, or fine or both. | Magistrate of First or Second Class. |
OF OFFENCES RELATING TO DOCUMENTS AND TO TRADE OR PROPERTY MARKS
465 | Forgery | Shall not arrest without warrant | Warrant | Bailable | Not Compoundable | Imprisonment of either description for 2 years, or fine or both. | Magistrate of First Class. |
466 | Forgery or record of Court or of justice register of birth, etc. kept by a public servant. | Ditto | Ditto | Not bailable | Ditto | Imprisonment of either description for 7 years, and fine . | Court of Session |
467 | Forgery of valuable security, will, or authority to make or transfer any valuable security or to receive any money, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for life and imprisonment of either description for 10 years, and fine . | Ditto |
When the valuable security is a promissory note of the Central Government. | May arrest without warrant | Ditto | Ditto | Ditto | Ditto | ||
468 | Forgery for the purpose of cheating | Shall not arrest without warrant | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years, and fine . | Court of Session or Magistrate of First Class. |
469 | Forgery for purpose of harming the reputation of any person or knowing that it is likely to be used for that purpose. | Ditto | Ditto | Ditto | Imprisonment of either description for 3 years, and fine . | Magistrate of First Class. | |
471 | Using as genuine a forged document which is known to be forged. | Warrant | Bailable | Not Compoundable | Punishment for forgery of such document. | Same as that by which the forgery is triable. | |
When the forged document is a promissory note of the Central Government. | May arrest without warrant | Ditto | Ditto | Ditto | Ditto | Court of Session | |
472 | Making or counterfeiting a seal plate, etc., with intent to commit forgery punishable under Section 467 of PPC, or possessing with like intent any such seal, plate etc. knowing the same to be counterfeit. | Shall not arrest without warrant | Ditto | Not bailable | Ditto | Imprisonment for life and imprisonment of either description for 7 years, and fine . | Ditto |
473 | Making or counterfeiting a seal plate, etc., with intent to commit forgery punishable otherwise than under Section 467 of PPC, or possessing with like intent any such seal, plate etc. knowing the same to be counterfeit. | Ditto | Ditto | Bailable | Ditto | Imprisonment of either description for 7 years, and fine . | Ditto |
474 | Having possession of document knowing it to be forged and intending to use it as genuine if the document is one the description mentioned in section 466 of the PPC. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
If the document is one the description mentioned in section 467 of the PPC. | Ditto | Ditto | Ditto | Ditto | Imprisonment for life and imprisonment of either description for 7 years, and fine . | Ditto | |
475 | Counterfeiting device or mark used for authenticating documents described in Section 467 of PPC, or possessing counterfeit marked material. | Ditto | Ditto | Ditto | Ditto | Ditto | Court of Session |
476 | Counterfeiting device or mark used for authenticating documents other than those described in Section 467 of PPC, or possessing counterfeit marked material. | Ditto | Ditto | Not bailable | Ditto | Imprisonment of either description for 7 years, and fine . | Ditto |
477 | Fraudulent destroying, defacing, or attempting to destroy or deface or secreting a will, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for life and imprisonment of either description for 7 years, and fine . | Ditto |
477A | Falsification of accounts | Ditto | Ditto | Bailable | Ditto | Imprisonment of either description for 7 years, or fine or both. | Court of Session or Magistrate of First Class. |
482 | Using a false trademark or property mark with intent to deceive or injure any body. | Ditto | Ditto | Ditto | Compoundable when permission is given by the court before which a prosecution is pending. | Imprisonment of either description for 1 year, or fine or both. | Magistrate of First or Second Class. |
483 | Counterfeiting a trade mark or property mark used by another with intent to deceive or injure any body. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 2 years, or fine or both. | Ditto |
484 | Counterfeiting a property mark used by a public servant or any mark used by him to denote the manufacture, quality, etc. of any property. | Ditto | Ditto | Ditto | Not compoundable | Imprisonment of either description for 3 years, and fine . | Magistrate of First Class. |
485 | Fraudulently making or possession of any die, plate or other instrument for counterfeiting any public or private trademark or property mark. | Ditto | Summons | Bailable | Ditto | Imprisonment of either description for 3 years, or fine or both. | Magistrate of First Class. |
486 | Knowingly selling goods marked with a counterfeit trademark or property mark. | Ditto | Ditto | Ditto | Compoundable when permission is given by the court before which a prosecution is pending. | Imprisonment of either description for 1 year, or fine or both. | Magistrate of First or Second Class. |
487 | 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.. | Ditto | Ditto | Ditto | Not compoundable | Imprisonment of either description for 3 years, or fine or both. | Ditto |
488 | Making use of any such false mark. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
489 | Removing, destroying, or defacing any property mark with intent to cause injury. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 1 year, or fine. | Ditto |
Of Currency-Notes and Bank-Notes
489A | Counterfeiting currency-notes or bank-notes | May arrest without warrant | Warrant | Not bailable | Not compoundable | Imprisonment for life and imprisonment of either description for 10 years, and fine . | Court of Session |
489B | Using as genuine, forged or counterfeit currency-notes or bank-notes | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
489C | Possession of forged or counterfeit currency-notes or bank notes | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years, or fine or both. | Ditto |
489D | Making or possessing instruments or materials for forging or counterfeiting currency notes or bank notes. | May arrest without warrant | Warrant | Not bailable | Not compoundable | Imprisonment for life and imprisonment of either description for 10 years, and fine . | Ditto |
489E | Making or using documents resembling currency-notes, or bank-notes | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for a year, or fine or both. | Magistrate of First. |
489F | Dishonestly issuing a cheque for repayment of loans etc. | Ditto | Ditto | Ditto | compoundable | Imprisonment of either description for three years, or fine or both. | Magistrate of First. |
CRIMINAL BREACH OF CONTRACTS OF SERVICE
491 | Being bound to attend on or supply the wants of a person who is helpless from youth, unsoundness of minor disease, and voluntarily omitting to do so. | Shall not arrest without warrant | Summons | Bailable | Compoundable | Imprisonment of either description for 3 months, and fine of 200 rupees or both. | Magistrate of First or Second Class. |
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OFFENCES RELATINGTO MARRIAGE
493 | A man by deceit causing a woman not lawfully married to him to believe that she is lawfully married to him and to cohabit with him in that behalf. | Ditto | Warrant | Not bailable | Not compoundable | Imprisonment of either description for 10 years, or fine or both. | Court of Session |
494 | Marrying again during lifetime of husband or wife | Ditto | Ditto | Bailable | Compoundable when permission is given by the court before which a prosecution is pending. | Imprisonment of either description for 7 years, and fine . | Court of Session or Magistrate of First Class. |
495 | Same offence with concealment of former marriage from person with whom subsequent marriage is contracted | Ditto | Ditto | Not bailable | Not compoundable | Imprisonment of either description for 10 years, and fine . | Court of Session |
496 | A man with fraudulent intention going through the ceremony of being married knowing that he is not thereby lawfully married. | Ditto | Ditto | Bailable | Ditto | Imprisonment of either description for 7 years, and fine . | Ditto |
497 | Adultery | May arrest without warrant | Ditto | Bailable | Compoundable | Imprisonment of either description for 5 years, or fine or both. | Court of Session or Magistrate of First Class. |
498 | Enticing or taking away or detaining with a criminal intent a marriage woman. | Shall not arrest without warrant | Ditto | Ditto | Ditto | Imprisonment of either description for 3 years, or fine or both. | Magistrate of First or Second Class. |
DEFAMATION
500 | Defamation | May arrest without warrant | Ditto | Ditto | Ditto | Rigorous imprisonment for 2 years, or fine or both. | Any Judicial Magistrate |
501 | Printing or engraving matter known to be defamatory | Ditto | Ditto | Ditto | Ditto | Ditto | Magistrate of the First. |
502 | Sale of printed or engraved substance containing defamatory matter knowing it to contain such matter. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
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CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE
504 | Insult intended to provoke breach of the peace. | Shall not arrest without warrant | Ditto | Ditto | Ditto | Imprisonment of either description for 2 years, or fine or both. | Any Judicial Magistrate |
505 | False statements rumour etc. circulated with intent to cause mutiny or offence against the public peace. | May arrest without warrant | Ditto | Not bailable | Not compoundable | Imprisonment of either description for 7 years, and fine . | Magistrate of the First. |
506 | Criminal intimidation | Shall not arrest without warrant | Ditto | Ditto | Compoundable | Imprisonment of either description for 2 years, or fine or both. | Magistrate of the First or Second Class. |
If threat be to cause death or grievous hurt, etc. | Ditto | Ditto | Ditto | Not compoundable | Imprisonment of either description for 7 years, or fine or both. | Court of Session or Magistrate of First Class. |
If threat be to cause death or grievous hurt, etc.
507 | Criminal intimidation by an anonymous communication or having taken precaution to conceal whence the threat comes. | Ditto | Ditto | Ditto | Ditto | Imprisonment of either description for 2 years, in addition to the punishment under above section. | Magistrate of the First Class. | |
508 | Act caused by inducing person to believe that he will be rendered an object of Divine displeasure | Ditto | Ditto | Ditto | Compoundable | Imprisonment of either description for 1 year, or fine or both. | Magistrate of the First or Second Class. |
Compoundable | |||||||
when | |||||||
permission is | |||||||
509 | Uttering any word or making any gesture intended to insult the modesty of a woman | Ditto | Ditto | Ditto | given by the court before which a prosecution is pending. | Simple imprisonment for 1 year, or fine or both. | Magistrate of the First Class. |
Appearing in a | |||||||
public place, etc. in | Simple | ||||||
a state of intoxication, and | imprisonment for 24 hours, or fine | ||||||
causing annoyance | Not | of 10 rupees or | Any Judicial | ||||
510 | to any person. | Ditto | Ditto | Ditto | compoundable | both. | Magistrate |
ATTEMPTS TO COMMIT OFFENCES
511 | Attempting to commit offences punishable with imprisonment for life or for a shorter terms, and in such attempt doing any act towards the commission of an offence. | Accordingly as the offence is one in respect of which the police may arrest without warrant or not. | Accordingly as the offence is one in respect of which a summon or warrant is ordinarily issued. | Accordingly as the offence is one in respect of which the police may arrest without warrant or not. | Compoundable when the offence attempted is compoundable. | Imprisonment not exceeding half of the longest term and of any description provided for the offence or fine (daman), or both. | Court by which the offence attempted is triable. |
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Offence against other laws
If punishable with death, imprisonment for life, imprisonment for more than 7 years, imputation of hand or foot or both hand or foot or with whipping exceeding 80 strips with or without any other of the said punishments. | May arrest without warrant | Warrant | Not bailable | Not compoundable | Ditto | Court of Session | |
If punishable with imprisonment for more than 3 years and upward but less than 7 years, or with whipping not exceeding 80 strips with or without imprisonment | Ditto | Ditto | Except in cases under The Arms Act 1878, Section 19, which shall be bailable. | Ditto | Ditto | Court of Session or Magistrate of First Class. |
If punishable with imprisonment for more than 1 years and upward but less than 3 years, or with whipping not exceeding 40 strips with or without imprisonment. | Shall not arrest without warrant | Summon s | Bailable | Not compoundable | Ditto | Magistrate of First Class. | |
If punishable with imprisonment for less than 1 year or with whipping not exceeding 10 strips with or without imprisonment or with fine only. | Ditto | Ditto | Ditto | Ditto | Ditto | Any Judicial Magistrate |
SCHEDULE III
(See Section 36)
Ordinary Powers of Provincial Magistrates
1. Ordinary Powers of a Magistrate of the Third Class
//. Ordinary Powers of a Magistrate of the Second Class
155.
///. Ordinary Power of a Magistrate of the First Class
1-a & 1ab Ins. by Ordinance, XXXVII of 2001, dt. 13-8-2001.
(3) Power to issue search warrant for discovery of persons wrongfully confined, Section
100.
(3-a) Power to require security for keeping peace, Section 107.
(3-ab) Power to require security for good behaviour from persons disseminating seditious
matter, Section 108.
(3-ac) Power to require security for good behaviour, Section 109.
(3-ad) Power to require security for good behaviour from habitual offenders, Section 110.
(3-ae) Power to discharge sureties Section 126.
(3-f) Power to acquire security, for un-expired period of bond, Section 126 A.
3-a to 3-f Ins. by Ordinance, XXXVII of 2001, dt. 13-8-2001
(7-a). Power to record statements and confessions during a police investigation, Section
164.
(7-aa) Power to authorise detention of a person in the custody of the police during a police
investigation Section 167.
(7-b) Power to hold inquests, Section 174.]
(8) Power to commit for trial, Section 206.
i3[(8-a) Power to hold inquests, Section 174.
(18-ab) Power to take cognisance of offences, Section 190.
18-a & 18-ab Ins. by Ordinance, XXXVII of 2001, dt. 13-8-2001
(12-ab) Power to dispose property where no claimant, Section 524. 12-ab Ins. by Ordinance, XXXVII of 2001, dt. 13-8-2001
(12-b) [Omitted by Ordinance XXXVII of 2001, dt. 13-8-2001.}
IV. Omitted by Ordinance, XXXVII of 2001, dt. 13-8-2001.
(7) Power to depute Subordinate Magistrate to make local inquiry, Section 148.
(8) Power to order police investigation into cognizable case, Section 156.
(9) Power to receive report of police officer and pass order Section 173.
(10) Repealed.
(11) Power to issue process for person within local jurisdiction who has committed an offence outside the local jurisdiction, Section 186.
(12) Power to entertain complaints, Section 190.
(13) Power to receive police reports, Section 190,
(14) Power to entertain cases without complaint, Section 190.
(15) Power to transfer cases to a Subordinate Magistrate, Section 192.
(16) Power to pass sentence on proceedings recorded by a Subordinate Magistrate, Section 349.
(17) Power to forward record of inferior Court to District Magistrate, Section 435 (2).
(18) Power to sell property alleged or suspected to have been stolen, etc., Section 524.
(19) Power to withdraw cases other than appeals, and to try or refer them for trial, Section
528.
V. Omitted by Ordinance, XXXVII of 2001, dt. 13-8-2001.
(1) The ordinary powers of a Sub-Divisional Magistrate. (1-a) [Omitted by Law Reforms (Amendment) Act, 1976].
(2) Power to require delivery of letters, telegrams, etc., Section 95.
(3) power to issue search-warrants for documents, in custody of postal or telegraph authorities, Section 96.
(4) Power to require security for good behaviour in case of sedition, Section 108.
(5) Power to discharge persons bound to keep the peace or to be of good behaviour, Section 124.
(6) Power to cancel bond for keeping the peace Section,125.
(6-a) Power to order preliminary investigation by police-officer not below the rank of inspector in certain cases, Section 196-B.
(7) Omitted.
(7-a) Power to tender pardon to accomplice at any stage of a case, Section 337,
(8) Omitted.
(9) [Omitted by Law Reforms (Amendment) Act, 1976]
(9-a) [Omitted by Law Reforms (Amendment) Act, 1976}
(10) [Omitted by Law Reforms (Amendment) Act, 1976]
(11) [Omitted by Law Reforms (Amendment) Act, 1976}
(12) [Omitted by Law Reforms (Amendment) Act, 1976]
(13) [Omitted by Law Reforms (Amendment) Act, 1976]
(14) [Omitted by Law Reforms (Amendment) Act, 1976]
(15) Repealed.
(17) Power to appoint person to be Public Prosecutor in particular case, Section 492(2).
(18) Power to issue commission for examination of witness, Sections 503, 506.
(19) Power to hear appeals from or revise orders passed under Sections 514, 515.
(20) Power to compel restoration of abducted female, Section 552.
SCHEDULE IV
(See Sections 37 and 38)
ADDITIONAL POWERS WITH WHICH PROVINCIAL MAGISTRATES MAY BE
INVESTED.
PART I
POWERS WITH WHICH A MAGISTRATE OF THE FIRST CLASS MAY BE INVESTED. | BY THE PROVINCIAL GOVERNMENT. | 1. Power to require security for, good behaviour in case of sedition, Section 108. 2. (2) to (6) Omitted by Ordinance XXXVII of 2001, dt. 13-8-2001. 7. Power to issue process for person within local jurisdiction who has |
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committed an offence outside the local jurisdiction, Section 186. 8. Power to take cognizance of offences upon complaint, Section 190. 9. Power to take cognizance of offences upon police reports, Section 190. 10. Power to take cognizance of offences without complaint, Section 190. 11. Power to try summarily, Section 260. 12. Power to hear appeals from convictions by Magistrates of the second and third classes, Section 407. 13. Power to sell property alleged or suspected, to have been stolen, etc. Section 524. 14. Repealed. 15. Power to try cases under Section – 124-A of the Pakistan Penal Code. |
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PART – II [Omitted by Ordinance XXXVII of 2001, dt. 13-8-2001]. SCHEDULE - V
(See Section 555)
FORMS 1-Summons to an Accused Person
(See Section 68)
To of WHEREAS your attendance is necessary to answer to a charge of (state shortly the
offence charged), you are hereby required to appear in person (or by pleader, as the case may be) before the (Magistrate). of on the day of Herein fail not. Dated this day of ,19
(Seal) (Signature)
II. Warrant of Arrest
(See Section 75) To (name and designation of the person or persons who is or are to execute, the warrant). WHEREAS of stands charged with the offence of (state the offence),
you are hereby directed to arrest the said , and to produce him before me. Herein fail not. Dated this day of ,19 (Seal) Signature
(See Section 76)
This warrant may be endorsed as follows:-
If the said …………. shall give bait himself in the sum of ……. with one surety in the sum
of ……. (or two sureties each in the sum of …… ) to attend before me on the ….. day of
and to continue so to attend until otherwise directed by me, he may be released.
Dated this day of ,19
(Signature)
III. Bond and bail-bond after arrest under a warrant
(See Section 86)
I, (name), of being brought before the Magistrate of my appearance to answer to the charge of ……. , do hereby bind myself to attend in the Court of ….. on the day of …. next, to answer to the said charge, and to continue so to attend until otherwise directed by the Court and, in case of my making default herein, I bind myself to forfeit, to Government the sum of rupees.
Dated this day of ,19
(Signature}
I do hereby declare myself surety for the above named of that he shall attend before in the Court of …… off the ….. day of …… next, to answer to the charge on which he has been arrested, and shall continue so to attend until otherwise directed by the Court; and, in case of his making default therein, I bind myself to forfeit to Government.
Dated this day of ,19 (Signature)
IV. Proclamation requiring the appearance of a person accused
(See Section 87)
WHEREAS complaint has been made before me that (name, description and address) has committed (or is suspected to have committed) the offence of ……, punishable under section …….of the Pakistan Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said (name) cannot be found, and whereas it has been shown to my satisfaction that the said (name) has absconded (or is concealing himself to avoid the service of the said warrant);
Proclamation is hereby made that the said …… of ….. is required to appear at (place) before this Court (or before me) to answer the said complaint on the day of .
Dated this day of ,19
(Seal) (Signature)
V. Proclamation Requiring the Attendance of Witness
(See Section 87)
WHEREAS complaint has been made before me that (name, description and address), has committee (or is suspected to have committed) the offence of (mention the offence concisely) and a warrant has been issued to compel the attendance of (name, description and address of witness), before this Court to be examines touching the matter of the said complaint; and whereas it has been returned to the said warrant that the said [name of witness) cannot be served, and it has been shown to my satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant);
Proclamation is hereby made that the said (name) is required to appear at (place) before the Court on the day of next at o'clock to be examined touching , the offence complained of.
Dated this day of ,19
(Seal) (Signature)
VI. Order of Attachment to compel the attendance of a Witness.
(See Section 88)
To the Police-officer in charge of the Police station WHEREAS a warrant has been duly issued to compel the attendance of (name, description and address) to testify concerning a complaint pending before this Court, and ft has been returned to the said warrant that it cannot be served; and whereas it has been shown to my satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant); and thereupon a proclamation has been or is being duly issued and published requiring the said ………. to appear and give evidence at the time and place mentioned therein.
The is to authorize and require you to attach by seizure the movable properly belonging to the said ……. to the value of rupees ……… which you may find within the District of ….. and to hold the said property under attachment pending the further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution.
Dated this day of ,19 (Seal) (Signature)
Order of attachment to compel the appearance of a person accused
(See Section 88)
To (name and designation of the person or persons who is or are to execute the warranty)
WHEREAS complaint has been made before me that (name, description and address) has committed (or is suspected to have committed) the offence of ……. punishable under section of the Pakistan Penal Code, and it has been returned to, a warrant of arrest thereupon issued that the said (name) cannot be found; and whereas it has been shown to my satisfaction that the said (name) has absconded (or is concealing himself to avoid the service of the said warrant), and thereupon a Proclamation has been or is being duly issued and published requiring the said ………. to appear to answer the said charge within …….. days; and whereas the said ……. is possessed of the following property other than land paying revenue to, Government in the village (or town) of …….. , in the District of ……... viz., ……., and an order has been made for the attachment thereof;
You are hereby required to attach the said property by seizure, and to hold the same under attachment pending the further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution.
Dated this day of ,19 (Seal) (Signature)
Order authorizing an attachment by the District Officer (Revenue) as Collector
(See Section 88)
To the District Officer (Revenue) of WHEREAS complaint has been made before me that (name, description and address) has committed (or is suspected to have committed) the offence of ……. , punishable under section …….. of the Pakistan Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said (name) cannot be found; and whereas it has been shown to my satisfaction that the said (name) has absconded (or is concealing himself to avoid the service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published requiring the said to appear to answer the said charge within days, and whereas the said is possessed of certain land paying revenue to Government in the village (or town) of in the District of ……….
You are hereby authorized and requested to cause the said land to be attached, and to be held under attachment pending the further order of this Court, and to certify without delay what you may have done in pursuance of this order.
Dated this day of ,19
(Seal) (Signature)
VII. Warrant in the first instance to bring up a witness
(See Section 90)
To (name and designation of the Police-Officer or other person or persons who is or are to execute, the warrant)
WHEREAS complaint has been made before me that of has (or is suspected to have) committed the offence of (mention the offence concisely), and it appears likely that (name and description of witness) can give evidence concerning the said complaint; and where as I have good and sufficient reason to believe that he will not attend as a witness on the hearing of the said complaint unless compelled to do so;
This is to authorise and require you to arrest the said (name) and on the day of to bring him before his Court, to be examined touching the offence complained of.
Given under my hand and the seal of this Court, the day of .19
(Seal) (Signature)
VIII. Warrant to search after information of a particular offence
(See Section 96)
To (name and designation of the Police-Officer or other person or persons who is or are to execute the warrant)
WHEREAS information has been laid (or complaint has been made) before me of the commission (or suspected commission) of the offence of (mention the offence concisely), and it has been made to appear to me that the production of (specify the thing clearly) is essential to the inquiry now being made (or about to be made) into the said offence or suspected offence;
This is to authorize and require you to search for the said (the thing specified) in the (describe the house or place or part thereof to which the search is to be confined) and, if found to produce the same forthwith before this Court; returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution.
Given under my hand and the seal of .the Court, this day of ,19
(Sea/) (Signature)
IX. - Warrant to search suspected Place of Deposit
(See Section 98)
To (name and designation of a Police-Officer above the rank of a Constable)
WHEREAS information has been laid before me, and on due inquiry thereupon had I have been led to believe that the (describe the house or other place) is, used as a place for the deposit (or sale) of stolen property (or if for either of the other purposes expressed in the section, state the purpose in the words of the section);-
This is to authorize and require you to enter the said house (or other place) with such assistance as shall be required, and to use if necessary, reasonable force for that purpose, and to search every part of the said house (or other place or if the search is to be confined to a part, specify the part clearly) and to seize and take possession of any property (or documents, or stamps, or seals, or coins or obscene objects, as the case may be) Add (when the case requires it) and also of any instruments and materials which you may reasonably believe to be kept for the manufacture of forged documents, or counterfeit stamps, or false seals, or counterfeit coin (as the case may be), and forthwith to bring before this Court such of the said things as may be taken possession of returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution.
Given under my hand and the seal of the Court, this
day of | ,19 |
(Seal) | (Signature) |
X. Bond to keep the peace |
(See Section 107)
WHEREAS I (name) inhabitant of (place), have been called upon to enter into a bound to keep the peace for the term of or until the completion of the inquiry in the matter of now pending in the Court of I hereby bind myself not to commit a breach of the peace, or do any act that may probably occasion a breach of the peace, during the said term or until the completion of the said inquiry, and in case of my making default therein, I hereby bind myself to forfeit to Government the sum of rupees ……………..
Dated this | day of | ,19 |
(Signature) | ||
XI - Bond for Good Behaviour | ||
(See Sections 108, 109 and 110) |
WHEREAS I (name) inhabitant of (place), have been called upon to enter into a bond to be of good behaviour to Government and to all the citizens of Pakistan for the term of (state the period) or until the completion of the inquiry in the matter of ……. now pending in the Court of …. I hereby bind myself to be of good behaviour to Government and to all the citizens of Pakistan during the said term or until the completion of the said inquiry; and in case of my making default therein, I bind myself to forfeit to Government the sum of rupees ………….
Dated this day of ,19
(Signature)
(Where bond with sureties is to be executed, add " We do not hereby declare ourselves sureties for the above named that he will be of good behaviour to Government and to all the citizens of Pakistan during the said term or until the completion of the said inquiry; and in the case of his making default therein, we bind ourselves, jointly and severally, to forfeit to Government the sum of rupees
Dated this day of ,19
(Signature)
XII.-Summons on information of probable Breach of the Peace
(See Section 114)
To of WHEREAS it has been made to appear to me by credible information that {state the substance of the information}, and that you are likely to commit a breach of the peace (or by which act a breach of the peace will probably be occasioned), you are hereby required to attend in person (or by a duly authorized agent) at the office of the Magistrate of on the day of ,19 at ten o'clock in the forenoon, to show cause why you should not be required to enter into a bond for rupees when sureties are required, add and also to give sureties by the bond of one (or two, as the case may be) surety (or sureties) in the sum of rupees (each if more than one) that you will keep the peace for the term of
Given under my hand and the seal of the Court this
Day of ,19 .
(Seal) (Signature)
XlII—Warrant of Commitment on Failure to find Security to keep the Peace
(See Section 123)
To the Superintendent (or Keeper) of the Jail at ………………….
WHEREAS (name and address) appeared before me in person (or by his authorized agent) on the day of in obedience to a summons calling upon him to show cause why he should not enter into a bond for rupees with one surety or a bond with two sureties each in rupees , that he, the said (name), would keep the peace for the period of months; and whereas an order was then made requiring the said (name) to enter into and find such security (state the security ordered when it differs from that mentioned in the summons), and he has failed to comply with the said order;
This is to authorize and require you, the said Superintendent (or Keeper), to receive the said (name), into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of (term of imprisonment) unless he shall in the meantime be lawfully ordered to be released and to return this warrant with an endorsement certifying the manner of its execution.
Given under my hand and the Court, this day of , 19.
(Seal) (Signature)
XIV - Warrant of commitment of Failure to find Security for Good Behaviour
(See Section 123)
To the Superintendent (or Keeper) of the Jail at ……………..
Whereas it has been made to appear to me that (name and description) has been and is lurking within the district of having no ostensible means of subsistence (or, and that he is unable to give any satisfactory account of himself); -
or
Whereas evidence of the general character of (name and description) has been adduced before me and recorded, from which it appears that he is an habitual robber (or, housebreaker, etc., as the case may be);
And Whereas an order has been recorded stating the same and requiring the said (name) to furnish security for his good behaviour for the term of (state the period) by entering into a bond with one surety (or two or more sureties, as the case may be), himself for rupees ……….., and the said surety (or each of the said sureties) for rupees ….. , and the said (name) has failed to comply with the said order and for such default has been adjudged imprisonment for (state the term) unless the said security be sooner furnished;
This is to authorize and require you, the said Superintendent (or Keeper) to receive the said (name) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of (term of imprisonment) unless he shall in the meantime be lawfully ordered to be released and to return this warrant with an endorsement certifying the manner of its execution.
Given under my hand and the seal of the Court, this day of ,19.
(Seal) (Signature)
XV—Warrant to discharge a Person imprisoned on Failure to give security
(See Sections 123 and 124)
To the Superintendent (or Keeper) of the Jail at (or, other officer in whose custody the person is).
WHEREAS (name and description of prisoner) was committed to your custody under warrant of the Court, dated the day …. of ….. and has since duly given security under section ….. of the Code of Criminal Procedure;
or and there have appeared to me sufficient grounds for the opinion that he can be released without hazard to the community;
This is to authorize and require you forthwith to discharge the said (name) from your custody unless he is liable to be detained for some other cause.
Given under my hand and the seal of the Court, this day of , 19 .
(Seal) {Signature}
XVI.—Order for the Removal of Nuisances
(See Section 133) To (name, description and address).
WHEREAS it has been made to appear to me that you have caused an obstruction for nuisance) to persons using the public roadway (or other public place) which, etc., (describe the road or public place), by, etc. (state what it is that causes the obstruction or nuisance), and that such obstruction (or nuisance still exists);
or
Whereas it has been made to appear to me that you are carrying on as owner, or manager, the trade or occupation of (state the particular trade or occupation and the place where it is carried on), and that the same is injurious to the public health (or comfort) by reason (state briefly in what manner the injurious effects are caused), and should be suppressed or removed to a different place;
Whereas it has been made to appear to me that you are the owner (or are in possession of or have the control over) a certain tank (or well or excavation) adjacent to the public way, (describe the thoroughfare); and that the safety of the public is endangered by reason of the said tank (or well or excavation) being without a fence (or insecurely fenced);
or
Whereas, etc., etc. (as the case may be),
I do hereby direct and require you within (state the time allowed) to (state what is required to be done to abate the nuisance) or to appear at in the Court of ……. on the day of next, and to show cause why this order should not be enforced.
or
I do hereby direct and require you within (state the time allowed) to cease carrying on the said trade or occupation at the said place, and not again to carry on the same, or to remove the say trade from the place where it is now carried on, or to appear, etc.;
or
I do hereby direct and require you within (state the time allowed) to put up a sufficient fence (state the kind of fence and the part to be fenced); or to appear etc.;
or
I do hereby direct and require you, etc., etc, (as the case may be).
Given under my hand and the seal of the Court this day of ,19 .
(Seal) (Signature)
XVII.—-Magistrate's Order constituting a Jury
(See Section 138)
WHEREAS on the day of ,19 an order was issued to (name) requiring him (state the effect of the order), and whereas the (name) has applied to me, by a petition, bearing date the day of for an order appointing a Jury to try whether the said recited order is reasonable and proper I do hereby appoint (the names, etc., of the five or more Jurors) to be the Jury to try and decide the said question, and do require the said Jury to report their decision within days from the date of this order at my office.
Given under my hand and the seal of the Court, this day of, 19.
(Seal) (Signature)
XVIII.—Magistrate's Notice and Peremptory Order after the Finding by a Jury.
(See Section 140)
To (name, description and address):
I hereby give you notice that the Jury duly appointed on the petition presented by you on the day of have found that the order issued on the day of requiring you (state substantially the requisition in the order) is reasonable and proper. Such order has been made absolute, and I hereby direct and require you to obey the said order within (state the time allowed), on peril of the penalty provided by the Pakistan Penal Code for disobedience thereto.
Given under my hand and the seal of the Court, this day of , 19 . (Seal) . (Signature)
XIX.— Injunction to provide against Imminent Danger pending Inquiry by Jury.
(See Section 142)
To (name, description and address).
Whereas the inquiry by a Jury appointed to try whether my order issued on the day of , 19 , is reasonable and proper is still pending, and it has been made to appear to me that the nuisance mentioned in the said order is attended with so imminent serious danger to the public as to render necessary immediate measures to prevent such danger, I do hereby, under the provisions of Section 142 of the Code of Criminal Procedure, direct and enjoin you forthwith to (state plainly what is required to be done as a temporary safeguard), pending the result of the local inquiry by the Jury.
Given under my hand and the seal of the Court, this day of , 19 .
(Seal) (Signature)
XX.— Magistrate's Order Prohibiting the Repetition, etc. of a nuisance
(See Section 143)
To (name, description and address).
Whereas it has been made to appear to me that, etc. (state the proper recital, guided by
Form No. XVI or Form No- XXI, (as the case may be).
I do hereby strictly order and adjoin you not to repeat the said nuisance by again placing
or causing or permitting to be placed, etc. (as the case may be).
Given under my hand and the seal of the Court, this day of , 19 .
(Seal) (Signature)
XXI.—Magistrate's Order to prevent Obstruction, Riot, etc.
(See Section 144) To (name, description and address).
Whereas it has been made to appear to me that you are in possession (or have the management) of (describe clearly the property), and that, in digging a drain on the said land, you are about to throw or place a portion of the earth and stones dug up upon the adjoining public road, so as to occasion risk of obstruction to persons using the road;
or
Whereas, it has been made to appear to me that you and a number of other persons (mention the class of persons) are about to meet and proceed in a religious procession along with public street, etc. (as the case may be), and that such procession in likely to lead to a riot or an affray;
or Whereas, etc., etc. (as the case may be);
I do hereby order you not to place or permit to be placed any of the earth or stones dug from land on any part of the said road;
or
I do hereby prohibit the procession passing along the said street, and strictly warn and enjoin you not to take any part in such procession (or as the case recited may require).
Given under my hand and the seal of the Court, this day of ,19 .
(Seal) (Signature)
XXII.-Magistrate's Order declaring Party entitled to retain Possession of Land, etc., in Dispute
(See Section 145)
It appearing to me on the grounds duly recorded, that a dispute, likely to induce a breach of peace, existed between (describe the parties by name and residence or residence only if the dispute be between bodies of villagers) concerning certain (state concisely the subject of dispute), situate within the local limits of my jurisdiction, all the said parties were called upon to give in a written statement of their respective claims as to the fact of actual possession of the said (the subject of dispute), and being satisfied by due inquiry had thereupon, without reference to the merits of the claim of either of the said parties to legal right of possession, that the claim of actual possession by the said (name or names or description) is true;
I do decide and declare that he is (or they are) is possession of the said (the subject of dispute) and entitled to retain such possession until ousted by due course of law, and do strictly forbid any disturbance of his (or their) possession in the meantime.
Given under my hand and the seal of the Court, this day of , 19 .
(Seal) (Signature)
Comments
Decision under S. 145(4) and order in Form XXII - Distinction. The decision under subsection (4) of S. 145. Criminal P.C. and an order in Form XXIl of Sch. V of the Code, are two different things. The decision under sub-section (4) of S. 145 is a decision relating to the actual and physical possession of the land in dispute and the order drawn up in Form XXII of Sch. V is a final order which is required to be drawn up not necessarily to embody the decision but to embody the directions of the Magistrate to the parties concerned. Whereas the decision only decides the question of actual physical possession, the order confers a right on the party from disturbing that possession without taking any steps in due course of law. .
XXlll.— Warrant of Attachment in the Case of a Dispute as to the Possession of
Land, etc.
(See Section 146)
To the Police-officer in charge of the Police-station at [or, To the Collector]
Whereas it has been made to, appeal to me that a dispute likely to induce a breach of the peace existed between (describe the parties concerned by name and residence, or residence only if the dispute be between bodies of villagers) concerning certain (state concisely the subject of dispute) state within the limits of my Jurisdiction; and the said parties were thereupon duly called upon to state in writing their respective claims as to the fact of actual possession of the said (the subject of dispute), and whereas, upon due inquiry into the said claims, I have decided that neither of the said parties was in possession of the said (the subject of dispute) [or I am unable to satisfy myself as to which of the said parties was in possession as aforesaid];
This is to authorise and require you to attach the said (the subject of dispute) by taking and keeping possession thereof, and to hold the same under attachment until the decree or order of a competent Court determining the rights of the parties, or the claim to possession, shall have been obtained, and to return this warrant with an endorsement certifying the manner of its execution.
Given under my hand and the seal of the Court, this day of , 19
(Seal) (Signature)
XXIV - Magistrate's Order Prohibiting the doing of anything on Land or Water
(See Section 147)
A dispute having arisen concerning the right of use of (state concisely the subject of dispute) situate within the limits of my jurisdiction, the possession of which land (or water) is claimed exclusively by (describe the person or persons), and it appearing to me, on due inquiry into the same, that the said land (or water) has been open to the enjoyment of such use by the public (or if by an individual or a class of persons, describe him or them) and (if the use can be enjoyed throughout the year) that the said use has been enjoyed within three months of the institution of the said inquiry (or if the use is enjoyable only at particular seasons, say "during the last of the seasons at which the same is capable of being enjoyed");
I do order that the said (the claimant or claimants of possession), or any one in their interest, shall not take (of retain) possession of the said land (or water) to the exclusion of the enjoyment of the right of use aforesaid, until he (or they) shall obtain the decree or order of a competent Court adjudging him (or them) to be entitled to exclusive possession.
Given under my hand and sea! of the Court, this day of 19 .
(Seal) (Signature)
XXV. Bond and Bail-bond on a Preliminary Inquiry before a Police Officer
(See Section 169)
I (name), of , being charged with offence of and after inquiry required to appear before the Magistrate of
or
and after inquiry called upon to enter into my own recognizance to appear when required, do hereby bind myself to appear at ,in the Court of , on the day, of next (or on such day as I may hereafter be required to attend) to answer further to the said charge, and in case of my making default herein, I bind myself to forfeit to Government the sum of rupees …………..
Dated this day of ,19.
(Signature)
XXVI. Bond to prosecute or give Evidence
(See Section 170)
I (name), of (place), do hereby bind myself to attend at , in the Court of , at O'clock on the day of next and then and there to prosecute (or to prosecute and give evidence) (or to give evidence) in the matter of a charge of against one A,B and in case of making default herein, I bind myself to forfeit to Government, the sum of rupees ……………..
Dated this day of ,19 .
(Signature)
XXVll—Notice of Commitment by Magistrate to Government Pleader.
Omitted by L.R.O., 1972, item 213. -
XXVIII --- CHARGES
(See Sections 221, 222, 223)
(i) Charges with one head
[Signature and seal of the Magistrate]
[To be substituted for (b)]:--
(2) That you, on or about the day of at , with the intention of inducing the President of Pakistan to refrain from exercising a lawful power as such [President], assaulted him, and thereby committed an offence punishable under Section 124 of the Pakistan Penal Code. and within the cognizance of the Court of Session [or High Court],
On Section 124.
On Section 325.
[Signature and seal of the Magistrate]
[ To be substituted for (b) ]: -
[2) First. That you on or about the day of at , committed murder by causing the death of , and thereby committed an offence punishable under Section 302 of the Pakistan Penal Code and within the cognizance of the Court of Session [or High Court]. On Section 302.
[In cases tried by Magistrate substitute “within my cognizance” for “within the cognizance of the Court of Session”, and in © omit "by the said Court”].
Secondly —That you on or about the day of at , by causing the death of committed culpable homicide not amounting the murder, and thereby committed an offence punishable under Section 304 of the Pakistan Penal Code, and within the cognizance of the Court of Session [or High Court].
(3)First ----That you, on or about the day of at committed theft, and thereby committed an offence punishable under Section 379 of the Pakistan Penal Code and within the cognizance of the Court of Session [or High Court]. On Section 379 & 382.
Secondly —That you, on or about the day of , at , committed theft having made preparation for causing death to a person in order to the committing of such theft, and thereby committed an offence punishable under Section 382 of the Pakistan, Penal Code and within the cognizance of the Court of Session [or High Court ].
Thirdly — That you, on or about the day of , at , committed theft having made preparation for causing restraint to a person in order to the effecting of your escape after the committing of such theft, and thereby committed an offence punishable under Section 382 of the Pakistan Penal Code, and within the cognizance of the Court of Session [or High Court.] .
Fourthly.—That you, on or about the day of , at , committed theft, having made preparation for causing fear of hurt to a person in order to the retaining of property taken by such theft and thereby committed an offence punishable under Section 382 of the Pakistan Penal Code, and within the cognizance of the Court of Session [or High Court].
(4) That you, on or about the day of , at , in the course of the inquiry into before stated in evidence that" " and that you, on at about the , day of , at in the course of the trial, of , before stated in the evidence that " ", one of which statements you either knew or believed to be false, or did not believe to be true, and thereby committed an offence punishable under Section 193 of the Pakistan Penal Code, and within the cognizance of the Court of Session [or High Court]. Alternative Charge. On Section 193.
[In cases tried by Magistrates substitute "within my cognizance" for "within the cognizance of the Court of Session" and in (c) omit "by the said Court"]
(III) Charges for Theft after previous Conviction
I, [name and office of Magistrate, etc.] hereby charge you (name of accused person) as follows:
That you, on or about the day of at , committed theft, and thereby committed an offence punishable under Section 379 of the Pakistan Penal Code and within the cognizance of the Court of Magistrate, Session [or High Court] as the case may be.
And you, the said (name or accused, stand further charged that you, before the committing of the said offence, that is to say on the day of , had been, convicted by the (state Court by which conviction was had) at of an offence punishable under Chapter XVII of the Pakistan Penal Code, with imprisonment for a term of three years, that is to say, the offence of house breaking by night (describe the offence in the words used in the section under which the accused was convicted), which conviction is still in force and effect, and that you are thereby liable to enhanced punishment under Section 75 of the Pakistan Penal Code.
And I hereby direct that you be tried, etc.
XXIX.-Warrant Commitment on a Sentence of Imprisonment or fine if passed by a Magistrate
(See Sections 254 and 258)
To the Superintendent [or Keeper) of the Jail at …………………..
Whereas on the day of , 19 (name of prisoner) the (1st, 2nd, 3rd, as the case may be) prisoner in case No. of the Calendar for 19, was convicted before me (name official designation) of the offence of (mention the offence or offences, concisely) under section (or sections) of the Pakistan. Penal Code (or of Act) was sentenced to (state the punishment fully and distinctly).
This is to authorize and require you, the said Superintendent (or Keeper), to receive the said prisoner's name) into your custody in the said Jail, together with this warrant, and there carry the aforesaid sentence into execution according to law.
Given under my hand and the seal of the Court, this day of 19 .
(Seal) (Signature)
XXX. Warrant of Imprisonment on Failure to recover Amends by Attachment and
Sale
(See Section -250)
To the Superintendent (or Keeper) of the Jail at ………….
Whereas (name and description) has brought against (name and description of the accused person) the complaint that (mention it concisely) and the same has been dismissed as false and frivolous (or vexatious), and the order of dismissal awards payment by the said (name of complainant) of the sum of rupees as amends, and whereas the said sum has not been paid and an order has been made for his simple imprisonment in Jail for the period of days, unless the aforesaid sum be sooner paid;
This is to authorize, and require you, the said Superintendent (or Keeper), to receive the said (name) into your custody, together with the warrant, and him safely to keep in the said Jail for the said period of (term of imprisonment), subject to the provisions of Section 69 of the Pakistan Penal Code, unless the said sum be sooner paid, and on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement Certifying the manner of its execution.
Given under my hand and the seal of the Court, this day of 19
(Seal) (Signature)
XXXI—Summons of Witness
(See Sections 69 and 252)
To of
Whereas complaint has been made before me that of has (or is suspected to have) committed the offence of (state the offence concisely with time and place) and it appears to me that you are likely to owe material evidence for the prosecution;
You are hereby summoned to appear before this Court on the day of next at ten O'clock in the forenoon, to testify what you know concerning the matter of the said complaint, and not to depart thence without leave of the Court; and you are hereby warned that, if you shall without just excuse neglect or refuse to appear on the said date a warrant will be issued to compel your attendance.
Given under my hand and the seal of the Court this day of ,19 .
(Seal) (Signature)
XXXII — Precept to District Magistrate to summon Jurors and Assessors
Omitted By LRO 1972, item 213
XXXIII.—Summons to Assessor or Juror
Omitted By LRO 1972, item 213
XXXIV.—Warrant of Commitment under Sentence of Death
(See Section 374)
To the Superintendent (or Keeper) of the Jail at ……………….
Whereas at the Session held before me on the day of 19 (name of prisoner), the (1st, 2nd, 3rd as the case may be), prisoner in case No. of the Calendar at the said Session, was duly convicted of the offence of culpable homicide amounting to murder under section of the Pakistan Penal Code, and sentenced to suffer death, subject to the confirmation of the said sentence by the Court of This is to, authorise and require you the said Superintendent (or Keeper), to receive the said (prisoner’s name) into your custody in the said Jail, together with this warrant, and him there safely to keep until you shall receive the further warrant or order of this Court, carrying into effect the order of the said Court.
Given under my hand and the seal of the Court, this, day of ,19 .
(Seal) (Signature)
XXXV.— Warrant of Execution on a Sentence of Death
(See Section 381)
To the Superintendent (or Keeper) of the Jail at ……………..
Whereas (name of prisoner, the 1st, 2nd. 3rd, as the case may be) prisoner in case No. ……………of the Calendar at the Session held before me on the day of ,19, has been by a warrant of this Court, dated the day has been by a warrant of this Court. dated the day of , committed to your custody under sentence of death; and Whereas the order of the Court of confirming the said sentence has been received by this Court;
This is to authorise and require you, the said Superintendent (or Keeper), to carry the said sentence into execution by causing the said to be hanged by the neck until he be dead, at (time and place of execution), and to return this warrant to the Court with an endorsement certifying that the sentence has been executed.
Given under my hand and the seal of the Court, this day of ,191.
(Seal) (Signature)
XXXVI.—Warrant after a Commutation of a Sentence
(See Sections 381 and 382)
To the Superintendent (or Keeper) of the Jail at …………………………
Whereas at a Session held on the day of , 19 , (name of prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. of the Calendar at the said Session, was convicted of the offence of punishable under section of the Pakistan Penal Code, and sentenced to and was thereupon committed to your custody and whereas by the order of the Court of (a duplicate of which is hereunto annexed) the punishment adjudged by the said sentence has been commuted to the punishment of transportation for life (or as the case may be); This is to authorize and require you, the said Superintendent (or Keeper), safely to keep the said prisoner's name) in your custody in the said Jail, as by law is required, until he shall be delivered over by you to the proper authority and custody for the purpose of his undergoing the punishment of transportation under the said order.
or
If the mitigated sentence is one of imprisonment, say, after the words, "custody in the said Jail", "and there to carry into execution the punishment of imprisonment under the said order according to law".
Given under my hand and the seal of the Court, this day Of 19 .
(Seal) (Signature)
XXXVll.—Warrant to levy a Fine by Attachment and Sale
(See Section 386 [(i) (a)])
to (name and designation of the Police-officer or other person or persons who is or are to execute the warrant).
WHEREAS (name and description of the offender) was on the day of 19 ,convicted before me of the offence of (mention the offence concisely)and sentenced to pay a fine of rupees and whereas the said (name), although required to pay the said fine, has not paid the same or any part thereof;
This is to authorize and require to attach any movable property belonging to the said (name) which may be found within the district of ; and, if within (state the number of days or hours allowed) next after such attachment the said sum shall not be paid (or forthwith), to sell the movable property attached, or so much thereof as shall be sufficient to satisfy the said fine, returning this Warrant, with an endorsement certifying what you have done under it, immediately upon its execution.
Given under my hand and the seal of Court, this day of , 19 .
(Sea/) (Signature)
XXXVll-A.-Bond for appearance of offender released pending realisation of fine
(See Section 388)
WHEREAS (name), inhabitant of (place), have been sentenced to pay a fine of rupees ……and in default of payment thereof to undergo imprisonment for ; and whereas
the Court has been pleased to order my release on condition of my executing a bond for
my appearance on the following date (or dates) namely:--
I hereby bind myself to appear before the Court of at O'clock [on the
following date (or dates) namely: ], and in Case of making default herein, I bind
myself to forfeit to Government, the sum of rupees.
Dated this day of , 19 .
(Signature)
Where a bond with sureties is to be executed, add--
We do hereby declare ourselves sureties for the above named that he will appear before the Court of on the following date (or dates), namely and, in case of his making default therein, we bind ourselves jointly and severally to forfeit to Government the sum of rupees
(Signature)
XXXVIII.—Warrant of Commitment in certain cases of Contempt when a Fine is imposed
(See Section 480)
To the Superintendent (or Keeper) of the Jail at: ……………………..
WHEREAS a Court held before me on this day (name and description of the offender) in the presence (or view) of the Court committed wilful contempt;
And Whereas for such contempt the said (name of offender) has been adjudged by the Court to pay a fine of rupees on in default to suffer simple imprisonment for the space of (state the number of months or days);
This is to authorize and require you, the Superintendent (or Keeper) of the said Jail, to receive this said (name of offender into your custody), together with this warrant and him safely to keep in the said Jail for the said period of (term of imprisonment), unless the said fine be sooner paid; and, on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of its execution.
Given under my hand and the seal of the Court, this day of ,19,
(Seal) (Signature)
XXXIX.—Magistrate's or Judge's Warrant of Commitment of witness refusing to answer
(See Section 485)
To (name of description of officer of Court)
WHEREAS (name and description), being summoned (or brought before this Court) as a witness and this day required to give evidence on an inquiry into an alleged offence refused to answer a certain question (or certain questions) put to him touching, this said alleged offence, and duly recorded, without alleging any just excuse for such refusal, and for his contempt has been adjudged detention in custody for (term of detention adjudged).
This is to authorize and require you, to take the said (name) into custody, and him safely to keep in your custody for the space of days, unless in the meantime he shall consent to be examined and to answer the questions asked of him, and on the last of the said days, or forthwith on such consent being known, to bring him before this Court to be dealt with according to law, returning this warrant with an endorsement certifying the manner of its execution.
Given under my hand and the seal of the Court, this day of ,19
(Seal) (Signature)
XL-Warrant of Imprisonment on Failure to pay Maintenance
(See Section 488)
[Omitted by Ord. XXVII of 1981]
XLI. Warrant to enforce the Payment of maintenance by Attachment and Sale
(See Section 488)
[Omitted By Ord. XXVII of 1981.]
XLII.—Bond and Bail bond on a Preliminary Inquiry before a Magistrate
(Omitted by LRO., 1972 item 273).
XLIII.—Warrant to discharge a Person Imprisoned on Failure to give Security
(See Section 500)
To the Superintendent (or Keeper) of the Jail at ……………
(or other officer in whose custody the person is)
WHEREAS (name and description of prisoner) was committed to your custody under warrant of this Court, dated the day of and has since with his surety (or sureties) duly executed a bond under Section 499 of the Code of Criminal Procedure; This is to authorize and require you forthwith to discharge the said (name) from your custody, unless he is liable to be detained for some other matter.
Given under my hand and the seal of the Court, this day of 19 .
(Seal) (Signature)
XLIV.—Warrant of Attachment to enforce a Bond
(See Section 514)
To the Police-officer Incharge of the Police-station at …………….
WHEREAS (name description and address of person) has failed to appear on (mention the occasion) pursuant to his recognizance, and has by such default forfeited to Government the sum of rupees (the penalty in the bond); and whereas the said (name of person) has on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him;
This is to authorize and require you to attach any movable property of the said (name) that you may find within the district of , by seizure and detention; and, if the said amount be not paid within three days, to sell the property so attached or so much of it as may be sufficient to realise the amount aforesaid, and to make return or what you have done under this warrant immediately upon its execution
Given under my hand and the seal of the Court, this day of 19 .
(Seal) (Signature)
XLV.-Notice to Surety on Breach of a Bond
(See Section 514)
To of Whereas on the day of , 19 , you became surety for (name) of (place) that he should appear before this Court on the day of and bound yourself in default thereof to forfeit the sum of rupees to Government and whereas the said (name) has failed to appear before this Court and by reason of such default you have forfeited the aforesaid sum of rupees.
You are hereby required to pay the said penalty or show cause, within days from this date, why payment of the said sum should not be enforced against you.
Given under my hand and the seal of the Court, this day of ,19 .
(Seal) (Signature)
XLVI.—Notice to Surety of Forfeiture of Bond of Good Behaviour
(See Section 514)
To
WHEREAS on the day of ,19, you became surety by a bond or (name) of (place) that he would be of good behaviour for the period of and bound yourself in default thereof to forfeit the sum of rupees to Government and whereas the said (name) has been convicted of the offence of (mention the offence concisely) committed since you became such surety, whereby your security bond has become forfeited;
Your are hereby required to pay the said penalty of rupees or to show cause within days why it should not be paid.
Given under my hand and the seal of the Court, this day of , 19 .
(Seal) | (Signature) | |
XLVII.—Warrant of attachment against a Surety | ||
To | of | (See Section 314) |
WHEREAS (name description and address) has bound himself as surety for the appearance of (mention the condition of the bond), and the said (name) has made default, and thereby forfeited to Government the sum of rupees , (the penalty in the bond),
This is to authorize and require you to attach any movable property of the said (name) which you may find within the district of , by seizure and detention; and, if the said amount be not paid within three days, to sell the property so attached, or so much of it as may be sufficient to realize the amount aforesaid, and make return of what you have done under this warrant immediately upon its execution.
Given under my hand and the seal of the Court, this day of ,19
(Seal) (Signature)
XLVIIl,—-Warrant of Commitment of the Surety of an Accused Person admitted to Bail
(See Section 514)
To the Superintendent (or Keeper) of the Civil Jail at ……………..
WHEREAS (name and description of surety) has bound himself as a surety for the appearance of (state the condition of the bond) and the said (name) has therein made default whereby the penalty mentioned in the said bond has been forfeited to Government and whereas the said (name, of surety) has, on due notice to him. failed to pay the said sum or show any sufficient cause why payment should not be enforced against him, and the same cannot be recovered by attachment and sale of movable property of his, and an order has been made for the imprisonment in the Civil Jail for (specify the period};
This is to authorize and require you the said Superintendent (or Keeper), to receive said (name) into your custody with this warrant and him safely to keep in the said Jail for the said (term of imprisonment), and to return this warrant with an endorsement certifying the manner of its execution.
Given under my hand and the seal of the Court, this day of , 19 .
(Seal) (Signature)
XLIX--Notice to the Principal of Forfeiture of a Bond to keep the Peace
(See Section 514) To (name, description and address)
WHEREAS on the day of , 19 , you entered into a bond not to commit, etc. (as in the bond), and proof of the forfeiture of the same has been given before me and duly recorded;
You are hereby called upon to pay the said penalty of rupees or to show cause before me within days why payment of the same should hot be enforced against you.
Given under my hand and the seal of the Court, this day of , 19 .
(Seal) (Signature)
L.-Warrant to attach the property of the Principal on Breach of a Bond to keep the Peace
(See Section 514) To (name and designation of Police-officer), at the Police-station of ……….
Whereas (name and description) did, on the day of 19 , enter into a bond for the sum of rupees binding himself not to commit a breach of the peace, etc. (as in the bond), and proof of the forfeiture of the said bond has been given before me and duly recorded;
and where as notice has been given to the said (name) calling upon him to show cause why the said sum should not be paid, and he has failed to do so or to pay the said sum; This is to authorise and require you to attach by, seizure movable property belonging to the said (name) to the value of rupees which you may find, within the district of and if the said sum be not paid within to sell the property so attached or so much of it as may be sufficient to realise the same; and to make return of what you have done under this warrant immediately upon its execution.
Given under my hand and the seal of the Court, this day of ,19
(Seal) (Signature)
LI-Warrant of Imprisonment on Breach of a Bond to keep the Peace .
(See Section 514)
To the Superintendent (or Keeper) of the Civil Jail at ………………….
Whereas proof has been given before me and duly recorded that (name and description) has committed a breach of the bond entered into by him to keep the peace, whereby he has forfeited to Government the sum of rupees ; and whereas the said (name) has failed to pay the said sum or to show cause why the said sum would not be paid, although duly called upon to do so and payment thereof can not be enforced by attachment of his movable property, and an order has been made for the imprisonment of the said (name) in the Civil Jail for the period of (term of imprisonment).
This is to authorize and require you, the said Superintendent (or Keeper) of the said Civil Jail, to receive the said (name) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of (term of imprisonment), and to return that warrant with an endorsement certifying the manner of its execution,
Given under my hand and the seal of the Court, this day of ,19
(Seal) (Signature)
Lll. Warrant of Attachment and sale on Forfeiture of Bond for Good Behaviour
(See Section 514)
To the Police-officer incharge of the Police-station at ……………….
WHEREAS (name, description and address) did on the day of ,19 , give security by bond in the sum of rupees for the good behaviour of (name, etc., of the principal) and proof has been given before me and duly recorded of the commission by the said (name) of the offence of whereby the said bond has been forfeited; and whereas notice has been given to the said (name) calling upon him to show cause why the said sum should not be paid, and he has failed to do so or to pay the said sum; This is to authorize and require to you to attach by seizure movable property belonging to the said (name) to the value of rupees which you may find within the district of and, if the said sum be not paid within , to sell the property so attached, or so much of it as may be sufficient to realise the same, and to make return of what you have done under this warrant immediately upon its execution.
Given under my hand and the seal of the Court, this day of ,19
(Seal) (Signature)
LIII.-Warrant of Imprisonment on Forfeiture of Bond for Good Behaviour
(See Section 514)
To the Superintendent (or Keeper) of the Civil Jail at ………………….
WHEREAS (name, description and address), did, on the day of , 19 , give security by bond in the sum of rupees for the good behaviour of (name etc, of the principal) and proof of the breach of the said bond has been given before me and duly recorded, whereby the said (name) has forfeited to Government the sum of rupees , and whereas he has failed to pay the said sum or to show cause why the said sum should not be paid although duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property, and an order has been made for the imprisonment of said (name) in the Civil Jail for the period of (term of imprisonment);
This is to authorise and require you, the Superintendent (or Keeper) to receive the said (name) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of (term of imprisonment), returning this warrant with an endorsement certifying the manner of its execution.
Given under my hand and the seal of the Court, this day of , 19 .
(Seal) (Signature)