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  "title": "Code of Criminal Procedure (CrPC), 1898 (Under Review)",
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  "text": "Page 1 of 307 \r\n \r\n \r\n \r\n \r\n THE CODE OF CRIMINAL PROCEDURE, 1898 \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nCONTENTS \r\nPART I \r\nPRELIMINARY \r\nCHAPTER I \r\n1. Short title \r\nCommencement \r\nExtent \r\n2. [Repealed] \r\n3. References to Code of Criminal Procedure and other repealed enactments  \r\nExpressions in former Acts \r\n4. Definitions \r\nWords referring to acts \r\nWords to have same meaning as in Pakistan Penal Code \r\n5. Trial of offences under Penal Code \r\nTrial of offences against other laws \r\nPART II \r\nCONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES. \r\nCHAPTER II \r\nOF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES \r\nA.__ Classes of Criminal Courts \r\n6. Classes of Criminal Courts and Magistrates \r\nB.__ Territorial Divisions \r\n7. Sessions divisions and districts \r\nPower to alter divisions and districts \r\nExisting divisions and districts maintained till altered \r\n \r\n\r\n \r\nPage 2 of 307 \r\n \r\n8. Power to divide districts into sub-divisions  \r\nC.__ Courts and Offices \r\n9. Court of Session \r\n10. [Omitted] \r\n11. [Omitted] \r\n12. Sub-ordinate Magistrates \r\nLocal limits of their jurisdiction \r\n13. [Omitted] \r\n14. Special Judicial Magistrates \r\n14A. Appointment of Special Magistrate \r\n15. Benches of Magistrates. \r\nPowers exercisable by Bench in absence of special direction \r\n16. Power to frame rules for guidance of Magistrates and Benches \r\n17. Subordination of Magistrates and Benches to Session Judge \r\nSubordination of Assistant Sessions Judges to Sessions Judge \r\nD.__ Courts of Presidency Magistrates \r\n18-21. [Omitted] \r\nE.__ Justice of the Peace \r\n22. Appointment of Justices of the peace \r\n22A. Powers of Justices of the peace \r\n22B. Duties of Justices of the peace \r\n23-24. [Repealed] \r\n25. Ex-officio Justices of the peace \r\nF.__ Suspension and Removal. \r\n26-27. [Repealed] \r\n \r\nPage 3 of 307 \r\n \r\nCHAPTER III  \r\nPOWERS OF COURTS \r\nA.__ Description of offences cognizable by each Court \r\n28. Offences under Penal Code \r\n29. Offences under other laws \r\n29A. [Omitted] \r\n29B. Jurisdiction in the case of Juveniles \r\n30. Offences not punishable with death \r\nB.__ Sentences which may be passed by Courts of various classes \r\n31. Sentences which High Courts and Sessions Judges may pass \r\n32. Sentences which Magistrates may pass \r\n33. Power of Magistrate to sentence to imprisonment in default of fine \r\nProviso as to certain cases. \r\n34. Higher powers of certain Magistrates \r\n34A. [Omitted] \r\n35. Sentence in cases of conviction of several offences at one trial \r\nMaximum terms of punishment \r\nC.__ Ordinary and Additional Powers \r\n36. Ordinary powers of Magistrates \r\n37. Additional powers conferrable on Magistrates \r\n38. [Omitted] \r\nD.__ Conferment, Continuance and Cancellation of Powers \r\n39. Mode of conferring powers \r\n40. Powers of officers appointed \r\n41. Withdrawal of powers \r\nPART III  \r\nGENERAL PROVISIONS \r\nCHAPTER IV \r\nOF AID AND INFORMATION TO THE MAGISTRATES, THE POLICE AND PERSONS \r\nMAKING ARRESTS. \r\n42. Public when to assist Magistrate and Police \r\n \r\nPage 4 of 307 \r\n \r\n43. Aid to person other than police-officer, executing warrant \r\n44. Public to give information of certain offences \r\n45. Village-headmen, accountants, landholders and others bound to report certain matters \r\nAppointment of village-headmen *** in certain cases for purposes of this section \r\nCHAPTER V \r\nOF ARREST, ESCAPE AND RETAKING \r\nA.__ Arrest generally \r\n46. Arrest how made \r\nResisting endeavour to arrest \r\n47. Search of place entered by person sought to be arrested \r\n48. Procedure where ingress not obtainable \r\nBreaking open zanana \r\n49. Power to break open doors and windows for purposes of liberation \r\n50. No unnecessary restraint \r\n51. Search of arrested persons \r\n52. Mode of searching women \r\n53. Power to seize offensive weapons \r\n53A. Examination of person accused of rape, etc. by medical practitioner \r\nB.__ Arrest without warrant \r\n54. When police may arrest without warrant \r\n55. Arrest of vagabonds, habitual robbers, etc \r\n56. Procedure when police officer deputes subordinate to arrest without warrant \r\n57. Refusal to give name and residence \r\n58. Pursuit of offenders into other jurisdictions \r\n59. Arrest by private persons and procedure on such arrest \r\n60. Person arrested to be taken before Magistrate or officer in charge of police-station \r\n61. Person arrested not to be detained more than twenty-four hours \r\n62. Police to report apprehensions \r\n63. Discharge of person apprehended \r\n64. Offence committed in Magistrate's presence \r\n \r\nPage 5 of 307 \r\n \r\n65. Arrest by or in presence of Magistrate \r\n66. Power, on escape, to pursue and retake \r\n67. Provisions of sections 47, 48 and 49 to apply to arrests under section 66 \r\nCHAPTER VI \r\nOF PROCESSES TO COMPEL APPEARANCE \r\nA.__ Summons \r\n68. Form of summons \r\nSummons by whom served \r\n69. Summons how served \r\nSignature of receipt for summons \r\n70. Service when person summoned cannot be found \r\n71. Procedure when service cannot be effected as before provided \r\n72. Service on servant of State, Statutory body or Company \r\n73. Service of summons outside local limits \r\n74. Proof of service in such cases and when serving [person] not present \r\nB.__ Warrant of arrest \r\n75. Form of warrant of arrest \r\nContinuance of warrant of arrest \r\n76. Court may direct security to be taken \r\nRecognizance to be forwarded \r\n77. Warrants to whom directed \r\nWarrants to several persons \r\n78. Warrant may be directed to land-holders, etc \r\n79. Warrant directed to police-officer \r\n80. Notification of substance of warrant \r\n81. Person arrested to be brought before Court without delay \r\n82. Where warrant may be executed \r\n83. Warrant forwarded for execution outside jurisdiction \r\n84. Warrant directed to police-officer for execution outside jurisdiction \r\n85. Procedure on arrest of person against to whom warrant issued \r\n86. Procedure by Magistrate before whom person arrested is brought \r\n \r\nPage 6 of 307 \r\n \r\n86A. Procedure for removal in custody to Tribal Area \r\nC.__ Proclamation and Attachment \r\n87. Proclamation for person absconding \r\n88. Attachment of property of person absconding \r\n89. Restoration of attached property \r\nD.__ Other Rules regarding Processes \r\n90. Issue of warrant in lieu of, or in addition to summons \r\n91. Power to take bond for appearance \r\n92. Arrest on breach of bond for appearance \r\n93. Provisions of this Chapter generally applicable to summonses and warrants of arrest \r\nE.__ Special Rules regarding processes issued for service or execution outside [Pakistan] and \r\nprocesses received from outside [Pakistan] for service or execution within [Pakistan] \r\n93A. Sending of summons for service outside Pakistan \r\n93B. Sending of warrants for execution outside Pakistan \r\n93C. Service and execution in Pakistan of processes received from outside Pakistan \r\nCHAPTER VII \r\nOF PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS AND OTHER \r\nMOVEABLE PROPERTY, AND FOR THE DISCOVERY OF PERSONS WRONGFULLY \r\nCONFINED \r\nA.__ Summons to Produce \r\n94. Summons to produce document or other thing \r\n95. Procedure as to letters and telegrams \r\nB.__ Search Warrants \r\n96. When search-warrant may be issued \r\n97. Power to restrict warrant \r\n98. Search of house suspected to contain stolen property, forged documents, etc \r\n99. Disposal of things found in search beyond jurisdiction \r\n99A. Power to declare certain publications forfeited and to issue search-warrants for the same \r\n99B. Application to High Court to set aside order of forfeiture \r\n \r\nPage 7 of 307 \r\n \r\n99C. [Omitted] \r\n99D. Order of High Court setting aside forfeiture \r\n99E. Evidence to prove nature or tendency of newspapers \r\n 99F. Procedure in High Court \r\n99G. Jurisdiction barred \r\nC.__ Discovery of Persons wrongfully confined \r\n100. Search for persons wrongfully confined \r\nD.__ General Provisions relating to Searches \r\n101. Direction, etc., of search-warrants \r\n102. Persons in charge of closed place to allow search \r\n103. Search to be made in presence of witnesses \r\nOccupant of place searched may attend \r\nE.__ Miscellaneous \r\n104. Power to impound document, etc., produced \r\n105. Magistrate may direct search in his presence \r\n \r\nPART IV  \r\nPREVENTION OF OFFENCES \r\nCHAPTER VIII \r\nOF SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR \r\nA.­Security for keeping the Peace on Conviction \r\n106. Security for keeping the peace on conviction \r\nB.__ Security for keeping the Peace in other Cases and Security for Good Behaviour \r\n107. Security for keeping the peace in other cases \r\nProcedure of Magistrate not empowered to act under sub­section (1) \r\n108. Security for good behaviour from persons disseminating seditious matter \r\n109. Security for good behaviour from vagrants and suspected persons \r\n110. Security for good behaviour from habitual offenders \r\n111. [Repealed] \r\n112. Order to be made \r\n \r\nPage 8 of 307 \r\n \r\n113. Procedure in respect of person present in court \r\n114. Summons or warrant in case of person not so present \r\n115. Copy of order under section 112 to accompany summons or warrant \r\n116. Power to dispense with personal attendance \r\n117. Inquiry as to truth of information \r\n118. Order to give security \r\n119. Discharge of person informed against \r\nC.__ Proceedings in all Cases subsequent to Order to furnish Security \r\n120. Commencement of period for which security is required \r\n121. Contents of bond \r\n122. Power to reject sureties \r\n123. Imprisonment in default of security \r\nProceedings when to be laid before High Court or Court of Sessions \r\nKind of imprisonment \r\n124. Power to release persons imprisoned for failing to give security \r\n125. Power to District Magistrate to cancel any bond for keeping the peace or good behaviour \r\n126. Discharge of sureties \r\n126A. Security for unexpired period of bond \r\nCHAPTER IX  \r\nUNLAWFUL ASSEMBLIES [AND MAINTENANCE OF PUBLIC PEACE AND SECURITY] \r\n127. Assembly to disperse on command of Magistrate or police­officer \r\n128. Use of civil force to disperse \r\n129. Use of military force \r\n130. Duty of Officer Commanding troops required by Magistrate to disperse assembly \r\n131. Power of commissioned military officers to disperse assembly \r\n131A. Power to use military force for public security and maintenance of law and order \r\n132. Protection against prosecution for acts done under the chapter \r\n132A. Definitions \r\n \r\n \r\nPage 9 of 307 \r\n \r\nCHAPTER X   \r\nPUBLIC NUISANCES \r\n133. Conditional order for removal of nuisance \r\n134. Service or notification of order \r\n135. Person to whom order is addressed to obey or show cause or claim jury \r\n136. Consequence of his failing to do so \r\n137. Procedure where he appears to show cause \r\n138. Procedure where he claims jury \r\n139. Procedure where jury finds Magistrate's order to be reasonable \r\n139A. Procedure where existence of public right is denied \r\n140. Procedure on order being made absolute \r\nConsequences of disobedience to order \r\n141. Procedure on failure to appoint jury or omission to return verdict \r\n142. Injunction pending inquiry \r\n143. Magistrate may prohibit repetition or continuance of public nuisance \r\nCHAPTER XI \r\nTEMPORARY ORDERS IN URGENT CASES OF NUISANCE OR APPREHENDED \r\nDANGER. \r\n144. Power to issue order absolute at once in urgent cases of nuisance or apprehended danger \r\nCHAPTER XII \r\nDISPUTES AS TO IMMOVEABLE PROPERTY \r\n145. Procedure where dispute concerning land, etc, is likely to cause breach of peace \r\nInquiry as to possession \r\nParty in possession to retain possession until legally evicted \r\n146. Power to attach subject of dispute \r\n147. Disputes concerning rights of use of immovable property, etc \r\n148. Local inquiry \r\nOrder as to costs \r\nCHAPTER XIII  \r\nPREVENTIVE ACTION OF THE POLICE \r\n149. Police to prevent cognizable offences \r\n150. Information of design to commit such offences \r\n \r\nPage 10 of 307 \r\n \r\n151. Arrest to prevent such offences \r\n152. Prevention of injury to public property \r\n153. Inspection of weights and measures \r\nPART V \r\nINFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE \r\nCHAPTER XIV \r\n154. Information in cognizable cases \r\n155. Information in non-cognizable cases \r\nInvestigation into non-cognizable cases \r\n156. Investigation into cognizable cases \r\n156A. Investigation of offence under section 295C, Pakistan Penal Code \r\n156B. Investigation against a women accused of the offence of zina \r\n157. Procedure where cognizable offence suspected \r\nWhere local investigation dispensed with \r\nWhere police-officer in charge sees no sufficient ground for investigation \r\n158. Reports under section 157 how submitted \r\n159. Power to hold investigation of preliminary inquiry \r\n160. Police-officer's power to require attendance of witnesses \r\n161. Examination of witnesses by police \r\n161A. Legal representation of victim of rape, etc. \r\n162. Statement to police not to be signed; use of such statements in evidence \r\n163. No inducement to be offered \r\n164. Power to record statements and confessions \r\n164A. Medical examination of victim of rape, etc. \r\n164B. DNA test \r\n165. Search by police-officer \r\n166. When officer incharge of police-station may require another to issue search warrant \r\n167. Procedure when investigation cannot be completed in twenty-four hours \r\n168. Report of investigation by sub-ordinate police-officer \r\n169. Release of accused when evidence deficient \r\n \r\nPage 11 of 307 \r\n \r\n170. Case to be sent to magistrate when evidence is sufficient \r\n171. Complaints and witnesses not to be required to accompany police-officer \r\nComplainants and witnesses not to be subjected to restraint \r\nRecusant complainant or witness may be forwarded in custody \r\n172. Diary of proceedings in investigation \r\n173. Report of police-officer \r\n174. Police to inquire and report on suicide, etc \r\n174A. Grievous injury by burns \r\n175. Power to summon persons \r\n176. Inquiry by magistrate into cause of death \r\nPower to disinter corpses \r\nPART VI  \r\nPROCEEDINGS IN PROSECUTIONS \r\nCHAPTER XV \r\nOF THE JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS \r\nA.__ Place of Inquiry or Trial \r\n177. Ordinary place of inquiry and trial \r\n178. Power to order cases to be tried in different sessions divisions \r\n179. Accused triable in, district where act is done or where consequence ensues \r\n180. Place of trial where act is offence by reason of relation to other offence \r\n181. Being a thug or belonging to a gang of dacoits, escape from custody, etc. \r\nCriminal misappropriation and criminal breach of trust \r\nTheft \r\nKidnapping and abduction \r\n182. Place of inquiry or trial where scene of offence is uncertain or not in one district only or \r\nwhere offence is continuing or consists of several acts. \r\n183. Offence committed on a journey \r\n184. [Repealed] \r\n185. High Court to decide, in case of doubt, district where inquiry or trial shall take place \r\n186. Power to issue summons or warrant for offence committed beyond local jurisdiction \r\nMagistrate's procedure on arrest \r\n187. Procedure where warrant issued by subordinate Magistrate \r\n \r\nPage 12 of 307 \r\n \r\n188. Liability for offences committed outside Pakistan \r\nPolitical Agents to certify fitness of inquiry into charge \r\n189. Power to direct copies of depositions and exhibits to be received in evidence \r\nB.__ Conditions requisite for Initiation of Proceedings \r\n190. Cognizance of offences by Magistrates \r\n191. Transfer or commitment on application of accused \r\n192. Transfer of cases \r\n193. Cognizance of offences by Courts of Session \r\n194. Cognizance of offences by High Court \r\n195. Prosecution for contempt of lawful authority of public servants \r\nProsecution for certain offences against public justice \r\nProsecution for certain offences relating to documents given in evidence \r\n196. Prosecution for offences against the state \r\n196A. Prosecution for certain classes of criminal conspiracy \r\n 196B. Preliminary inquiry in certain cases \r\n197. Prosecution of Judges and public servants \r\nPower of President or Governor as to prosecution \r\n198. Prosecution for breach of contract, defamation and offences against marriage \r\n198A. Prosecution for defamation against public servants in respect of their conduct in the discharge \r\nof public functions \r\n199. Prosecution for adultery or enticing a married woman \r\n199A. Objection by lawful guardian to complaint by person other than person aggrieved \r\n199B. Form of authorisation under second proviso to section 198 or 199 \r\nCHAPTER XVI \r\nOF COMPLAINTS TO MAGISTRATES \r\n200. Examination of complainant \r\n201. Procedure by Magistrate not competent to take cognizance of the case \r\n202. Postponement of issue of process \r\n203. Dismissal of complaint \r\n203A. Complaint in case of Zina \r\n \r\nPage 13 of 307 \r\n \r\n203B.  \r\n203C. Complaint in case of fornication \r\nCHAPTER XVII \r\nOF THE COMMENCEMENT OF PROCEEDINGS BEFORE [COURTS] \r\n204. Issues of process \r\n205. Magistrate may dispense with personal attendance of accused \r\nCHAPTER XVIII \r\n[Omitted.] \r\nCHAPTER XIX \r\nOF THE CHARGE \r\nForm of Charges \r\n221. Charge to state offence \r\nSpecific name of offence sufficient description \r\nHow stated where offence has no specific name \r\nWhat implied in charge \r\nLanguage of charge \r\nPrevious conviction when to be set out \r\n222. Particulars as to time place and person \r\n223. When manner of committing offence must be stated \r\n224. Words in charge taken in sense of law under which offence is punishable \r\n225. Effect of errors \r\n226. [Omitted] \r\n227. Court may alter charge \r\n228. When trial may proceed immediately after alteration \r\n229. When new trial may be directed, or trial suspended \r\n230. Stay of proceedings if prosecution of offence in altered charge require previous sanction \r\n231. Re-call of witnesses which charge altered \r\n232. Effect of material error \r\nJoinder of Charges \r\n233. Separate charged for distinct offences \r\n234. Three offences of same kind within year may be charged together \r\n235. Trial for more than one offence \r\n \r\nPage 14 of 307 \r\n \r\nOffence falling within two definitions \r\nActs constituting one offence, but constituting when combined a different offence \r\n236. When it is doubtful what offence has been committed \r\n237. When a person is charged with one offence, he can be convicted of another \r\n238. When offence proved included in offence charged \r\n239. What persons may be charged jointly \r\n240. Withdrawal of remaining charges on conviction on one of several charges \r\nCHAPTER XX \r\nOF THE TRIAL OF [CASES] BY MAGISTRATES \r\n241. Procedure in trial of cases \r\n241A. Supply of statements and documents to the accused \r\n242. Charge to be framed \r\n243. Conviction on admission of truth of accusation \r\n244. Procedure when no such admission is made \r\n244A. Statement made under section 164 \r\n245. Acquittal \r\n245A. Procedure in case of previous convictions \r\n246. [Omitted] \r\n247. Non-appearance of complainant \r\n248. Withdrawal of complaint \r\n249. Power to stop proceeding when no complaint \r\n249A. Power of magistrate to acquit accused at any stage \r\nFrivolous Accusations in [cases tried by Magistrate] \r\n250. False, frivolous or vexatious accusations \r\n250A. Special Summons in case of petty offences \r\nCHAPTER XXI \r\n[Omitted.] \r\nCHAPTER XXII \r\nOF SUMMARY TRIALS \r\n260. Power to try summarily \r\n \r\nPage 15 of 307 \r\n \r\n261. Power to invest Bench of Magistrates invested with less powers \r\n262. Procedure [prescribed in Chapter XX] applicable \r\nLimit of imprisonment \r\n263. Record in cases where there is no appeal \r\n264. Record in appealable cases \r\n265. Language of record and Judgment \r\nBench may be authorized to employ clerk \r\nCHAPTER XXIIA \r\nTRIALS BEFORE HIGH COURTS AND COURTS OF SESSION \r\n265A. Trial before Court of Session to be conducted by Public Prosecutor  \r\n265B. Procedure in cases triable by High Courts and Courts of Session \r\n265C. Supply of Statements and documents to the accused \r\n265D. When charge is to be framed \r\n265E. Plea \r\n265F. Evidence for prosecution \r\n265G. Summing up by prosecutor and defence \r\n265H. Acquittal or conviction \r\n265I. Procedure in case of previous conviction \r\n265J. Statement under section 164 admissible \r\n265K. Power of Court to acquit accused at any stage \r\n265L. Power of Advocate General to stay prosecution \r\n265M. Time of holding sittings \r\n265N. Place of holding sittings \r\n266-336. [Omitted] \r\nCHAPTER XXIII \r\n[Omitted.] \r\nCHAPTER XXIV \r\nGENERAL PROVISIONS AS TO INQUIRIES AND TRIALS \r\n337. Tender of pardon to accomplice \r\n338. Power to grant or tender pardon \r\n \r\nPage 16 of 307 \r\n \r\n339. Commitment of person to whom pardon has been tendered \r\n339A. Procedure in trial of person under section 339 \r\n340. Right of person against whom proceedings are instituted to be defended and his competency \r\nto be a witness \r\n341. Procedure where accused does not understand proceedings \r\n342. Power to examine the accused \r\n343. No influence to be used to induce disclosures \r\n344. Power to postpone or adjourn proceedings \r\nRemand \r\nReasonable cause for remand \r\n344A. Conclusion of trial \r\n345. Compounding offences \r\n346. Procedure of magistrate in cases which he cannot dispose of \r\n347. Procedure when after commencement of trial, Magistrate finds case should be tried by Court \r\nof Session or High Court \r\n348. Trial of persons previously convicted of offences against coinage, stamp-law or property \r\n349. Procedure when magistrate cannot pass sentence sufficiently severe \r\n350. Conviction on evidence partly recorded by one presiding officer and partly by another \r\n350A. Changes in constitution of Benches \r\n351. Detention of offenders attending Court \r\n352. Courts to be open \r\nCHAPTER XXV \r\nOF THE MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND \r\nTRIALS. \r\n353. Evidence to be taken in presence of accused \r\n354. Manner of recording evidence \r\n355. Record in trials of certain cases by first and Second class Magistrates \r\n356. Record in other cases \r\nEvidence given in English \r\nMemorandum when evidence not taken down by the Magistrate or Judge himself \r\n357. Language of record of evidence \r\n \r\nPage 17 of 307 \r\n \r\n358. Option to Magistrate in cases under section 355 \r\n359. Mode of recording evidence under section 356 or section 357 \r\n360. Procedure in regard to such evidence when completed \r\n361. Interpretation of evidence to accused or his pleader \r\n362. [Omitted] \r\n363. Remarks respecting demeanour of witness \r\n364. Examination of accused how recorded \r\n365. Record of evidence in High Court \r\nCHAPTER XXVI  \r\nOF THE JUDGEMENT \r\n366. Mode of delivering judgment \r\n367. Language of judgment \r\nContents of judgment \r\nJudgement in alternative \r\n368. Sentence of death \r\n369. Court not to alter judgment \r\n370. [Omitted] \r\n371. Copy of judgment, etc, to be given to accused \r\nCase of person sentenced to death \r\n372. Judgment when to be translated \r\n373. Court of Session to send copy of finding and sentence to officer-in-charge of prosecution \r\nCHAPTER XXVII \r\nOF THE SUBMISSION OF SENTENCES FOR CONFIRMATION \r\n374. Sentence of death to be submitted by Court of Session \r\n375. Power to direct further inquiry to be made or additional evidence to be taken \r\n376. Power to High Court to confirm sentence or annul conviction \r\n377. Confirmation of new sentence to be signed by two Judges \r\n378. Procedure in case of difference of opinion \r\n379. Procedure in cases submitted to High Court for confirmation \r\n380. Procedure in cases submitted by Magistrate not empowered to act under section 562 \r\n \r\nPage 18 of 307 \r\n \r\nCHAPTER XXVIII  \r\nOF EXECUTION \r\n381. Execution of order passed under section 376 \r\n382. Postponement of capital sentence on pregnant woman \r\n382A. Postponement of execution of sentences of imprisonment under section 476 or for a period of \r\nless than one year \r\n382B. Period of detention to be considered while awarding sentence of imprisonment  \r\n382C. Scandalous or false and frivolous pleas to be considered in passing sentence \r\n383. Execution of sentences of imprisonment for life or imprisonment in other cases \r\n384. Direction of warrant for execution \r\n385. Warrant with whom to be lodged \r\n386. Warrant for levy of fine \r\n387. Effect of such warrant \r\n388. Suspension of execution of sentence of imprisonment \r\n389. Who may issue warrant \r\n390. Execution of sentence of whipping only \r\n391. Execution of sentence of whipping, in addition to imprisonment \r\n392. Mode of inflicting punishment \r\nLimit of number of stripes \r\n393. Not to be executed by instalments, Exemptions \r\n394. Whipping not to be inflicted if offender not in fit state of health \r\nStay of execution \r\n395. Procedure if punishment cannot be inflicted under section 394 \r\n396. Execution of sentences on escaped convicts \r\n397. Sentence on offender already sentenced for another offence \r\n398. Saving as to sections 396 and 397 \r\n399. Confinement of youthful offenders in reformatories \r\n400. Return of warrant on execution of sentence \r\n \r\n \r\n \r\nPage 19 of 307 \r\n \r\nCHAPTER XXIX \r\nOF SUSPENSIONS, REMISSIONS AND COMMUNICATIONS OF SENTENCES \r\n401. Power to suspend or remit sentences \r\n402. Power to commute punishment \r\n402A. Sentence of death \r\n402B. Certain restrictions on the exercise of powers by Provincial Government \r\n402C. Remission or commutation of certain sentences not to be without consent \r\n402D. Provincial Government not to interfere in sentences of rape \r\nCHAPTER XXX \r\nOF PREVIOUS ACQUITTALS OR CONVICTIONS \r\n403. Person once convicted or acquitted not to be tried for same offence \r\nPART VII \r\nOF APPEAL, REFERENCE AND REVISION \r\nCHAPTER XXXI  \r\nOF APPEALS \r\n404. Unless otherwise provided, no appeal to lie \r\n405. Appeal from order rejecting application for restoration of attached property \r\n406. Appeal from order requiring security for keeping the peace or for good behaviour \r\n406A. Appeal from order refusing to accept or rejecting a surety \r\n407. [Omitted] \r\n408. Appeal from sentence of Assistant Sessions Judge or [Judicial Magistrate] \r\n409. Appeals to Court of Session how heard \r\n410. Appeal from sentence of Court of Session \r\n411. [Omitted] \r\n411A. Appeal from sentence of High Court \r\n412. No appeal in certain cases when accused pleads guilty \r\n413. No appeal in petty cases \r\n414. No appeal from certain summary convictions \r\n414A. No appeal from certain summary convictions under the law relating to price control \r\n415. Proviso to sections 413 and 414 \r\n \r\nPage 20 of 307 \r\n \r\n415A. Special right of appeal in certain cases \r\n416. [Repealed] \r\n417. Appeal in case of acquittal \r\n418. Appeal on what matters admissible \r\n419. Petition of appeal \r\n420. Procedure when appellant in jail \r\n421. Summary dismissal of appeal \r\n422. Notice of appeal \r\n423. Powers of Appellate Court in disposing of appeal \r\n424. Judgments of subordinate Appellate Courts \r\n425. Order by High Court on appeal to be certified to lower Court \r\n426. Suspension of sentence pending appeals. Release of appellant on bail \r\n427. Arrest of accused in appeal from acquittal \r\n428. Appellate court may take further evidence or direct it to be taken \r\n429. Procedure where Judges of Court of Appeal are equally divided \r\n430. Finality of orders on appeal \r\n431. Abatement of appeals \r\nCHAPTER XXXII \r\nOF REFERENCE AND REVISION \r\n432-434. [Omitted] \r\n435. Power to call for records of inferior Courts \r\n436. Power to order further inquiry \r\n437. [Omitted] \r\n438. [Omitted] \r\n439. High Court's powers of revision \r\n439A. Sessions Judges powers of revision \r\n440. Optional with Court to hear parties \r\n441. [Omitted] \r\n \r\nPage 21 of 307 \r\n \r\n442. High Court's order to be certified to lower Court or Magistrate \r\nPART VIII  \r\nSPECIAL PROCEEDINGS \r\nCHAPTER XXXIII \r\n[Omitted.] \r\nCHAPTER XXXIV  \r\nLUNATICS \r\n464. Procedure in case of accused being lunatic \r\n465. Procedure in case of person [sent for trial] Court of Session or High Court being lunatic \r\n466. Release of lunatic pending investigation or trial \r\nCustody of lunatic \r\n467. Resumption of inquiry or trial \r\n468. Procedure on accused appearing before Magistrate or Court \r\n469. When accused appears to have been insane \r\n470. Judgment of acquittal on ground of lunacy \r\n471. Person acquitted on such ground to be detained in safe custody \r\nPower of Provincial Government to relieve Inspector General of certain functions \r\n472. [Repealed] \r\n473. Procedure where lunatic prisoner is reported capable of making his defence \r\n474. Procedure where lunatic detained under section 466 or 471 is declared fit to be released \r\n475. Delivery of lunatic to care of relative or friend \r\nCHAPTER XXXV \r\nPROCEEDINGS IN CASE OF CERTAIN OFFENCES AFFECTING THE \r\nADMINISTRATION OF JUSTICE \r\n476. Procedure in cases mentioned in section 195 \r\n476A. Forwarding of cases for trial by Courts having jurisdiction.  \r\n476B. [Omitted] \r\n477. [Repealed] \r\n478. [Omitted] \r\n479. [Omitted] \r\n480. Procedure in certain cases of contempt \r\n \r\nPage 22 of 307 \r\n \r\n481. Record in such cases \r\n482. Procedure where Court considers that case should not be dealt with under section 480 \r\n483. When Registrar or Sub-Registrar to be deemed a Civil Court within sections 480 and 482 \r\n484. Discharge of offender on submission of apology \r\n485. Imprisonment or committal of person refusing to answer or produce document \r\n486. Appeals from convictions in contempt cases \r\n487. Certain Judges and Magistrates not to try offences referred to in section 195 when committed \r\nbefore themselves \r\nCHAPTER XXXVI \r\n[Omitted.] \r\nCHAPTER XXXVII \r\nDIRECTIONS OF THE NATURE OF A HABEAS CORPUS \r\n491. Power to issue directions of the nature of a habeas carpus \r\n491A. [Omitted] \r\nPART IX  \r\nSUPPLEMENTARY PROVISIONS \r\nCHAPTER XXXVIII \r\nOF THE PUBLIC PROSECUTOR \r\n492. Power to appoint Public Prosecutors \r\n493. Public Prosecutor may plead in all Courts in cases under his charge.  \r\nPleaders privately instructed to be under his direction \r\n494. Effect of withdrawal from prosecution \r\n495. Permission to conduct prosecutions \r\nCHAPTER XXXIX  \r\nOF BAIL \r\n496. In what cases bail to be taken \r\n497. When bail may be taken in case of non-bailable offence \r\n498. Power to direct admission to bail or reduction of bail \r\n498A. No bail to be granted to a person not in custody, in court or against whom no case is \r\nregistered, etc. \r\n499. Bond of accused and sureties \r\n \r\nPage 23 of 307 \r\n \r\n500. Discharge from custody \r\n501. Power to order sufficient bail when that first taken is insufficient \r\n502. Discharge of sureties \r\nCHAPTER XL \r\nOF COMMISSIONS FOR THE EXAMINATION OF WITNESSES \r\n503. When attendance of witness may be dispensed with \r\n504. [Omitted] \r\n505. Parties may examine witnesses \r\n506. Power of Magistrate to apply for issue of commission \r\n507. Return of commission \r\n508. Adjournment of inquiry or trial \r\n508A. Application of this Chapter to Commissions issued in Burma \r\n \r\nCHAPTER XLI \r\nSPECIAL RULES OF EVIDENCE \r\n509. Deposition of medical witness.  \r\nPower to summon medical witness \r\n510. Report of Chemical Examiner, Serologist, etc. \r\n511. Previous conviction or acquittal how proved \r\n512. Record of evidence in absence of accused \r\nRecord of evidence when offender unknown \r\nCHAPTER XLII \r\nPROVISIONS AS TO BONDS \r\n513. Deposit instead of recognizance \r\n514. Procedure on forfeiture of bond \r\n514A. Procedure in case of insolvency or death of surety or when a bond is forfeited \r\n514B. Bond required from a minor \r\n515. Appeal from, and revision of, orders under section 514 \r\n516. Power to direct levy of amount due on certain recognizances \r\n \r\n \r\nPage 24 of 307 \r\n \r\nCHAPTER XLIII \r\nOF THE DISPOSAL OF PROPERTY \r\n516A. Order for custody and disposal of property pending trial in certain cases \r\n517. Order for disposal of property regarding which offence committed \r\n518. Order may take form of reference \r\n519. Payment to innocent purchaser of money found on accused \r\n520. Stay of order under section 517, 518 or 519 \r\n521. Destruction of libellous and other matter \r\n522. Power to restore possession of immoveable property \r\n522A. Power to restore possession of moveable property \r\n523. Procedure by police upon seizure of property taken under section 51 or stolen. \r\nProcedure where owner of property seized unknown \r\n524. Procedure where no claimant appears within six months \r\n525. Power to sell perishable property \r\nCHAPTER XLIV \r\nOF THE TRANSFER OF CRIMINAL CASES \r\n526. High Court may transfer case or itself try it \r\nNotice to Public Prosecutor of application under this section \r\nAdjournment on application under this section \r\n526A. [Omitted] \r\n527. Power of Provincial Government to transfer cases and appeals \r\n528. Sessions Judge may withdraw cases from Assistant Sessions Judge \r\nCHAPTER XLIV A \r\n[Omitted.] \r\nCHAPTER XLV \r\nOF IRREGULAR PROCEEDINGS \r\n529. Irregularities which do not vitiate proceedings \r\n530. Irregularities which vitiate proceedings \r\n531. Proceedings in wrong place \r\n532. [Omitted] \r\n533. Non­compliance with provisions of section 164 or 364 \r\n \r\nPage 25 of 307 \r\n \r\n534. [Omitted] \r\n535. Effect of omission to prepare charge \r\n536. [Omitted] \r\n537. Finding or sentence when reversible by reason of error or omission in charge or other \r\nproceedings \r\n538. Attachment not illegal, person making same not trespasser for defect or want of form in \r\nproceedings \r\nCHAPTER XLVI  \r\nMISCELLANEOUS \r\n539. Courts and persons before whom affidavits may be sworn \r\n539A. Affidavit in proof of conduct of public servant \r\n539B. Local inspection \r\n540. Power to summon material witness or examine person present \r\n540A. Provision for inquiries and trial being held in the absence of accused in certain cases \r\n541. Power to appoint place of imprisonment \r\nRemoval to criminal jail of accused or convicted persons who are in  confinement in civil jail, \r\nand their return to the civil jail \r\n542. [Repealed] \r\n543. Interpreter to be bound to interpret truthfully \r\n544. Expenses of complainants and witnesses \r\n544A. Compensation to the heirs of the person killed, etc. \r\n545. Power of Court to pay expenses or compensation out of fine \r\n546. Payments to be taken into account in subsequent suit \r\n546A. Order of payment of certain fees paid by complainant in non­cognizable cases \r\n547. Moneys ordered to be paid recoverable as fines \r\n548. Copies of proceedings \r\n549. Delivery to military authorities of persons liable to be tried by Court­martial \r\nApprehension of such persons \r\n550. Powers to police to seize property suspected to be stolen \r\n551. Powers of superior officers of police \r\n \r\nPage 26 of 307 \r\n \r\n552. Powers to compel restoration of abducted females \r\n553. [Repealed] \r\n554. Power of High Courts to make rules for inspection of records of subordinate Courts \r\nPower of High Courts to make rules for other purposes \r\n555. Forms \r\n556. Case in which Judge or Magistrate is personally interested \r\n557. Practising pleader not to sit as Magistrate in certain Courts \r\n558. Power to decide language of Courts \r\n559. Provision for powers of Judges and Magistrates being exercised by their successors in office \r\n560. Officers concerned in sales not to purchase or bid for property \r\n561. [Repealed] \r\n561A. Saving of inherent power of High Court \r\nFirst offenders \r\n562. Power of Court to release certain convicted offenders on probation of good conduct instead of \r\nsentencing to punishment \r\nConviction and release with admonition \r\n563. Provision in case of offender failing to observe conditions of his recognizances \r\n564. Conditions as to abode of offender \r\nPreviously convicted offenders \r\n565. Order for notifying address of previously convicted offender \r\nSCHEDULE I.__ [Repealed] \r\nSCHEDULE II.__ TABULAR STATEMENT OF OFFENCES \r\nSCHEDULE III.__ ORDINARY POWERS OF PROVINCIAL MAGISTRATES \r\nSCHEDULE IV.__ ADDITIONAL POWERS WITH WHICH MAGISTRATES MAY BE \r\nINVESTED \r\nSCHEDULE V.__ FORMS \r\n \r\n \r\n_____________ \r\n      \r\n \r\nPage 27 of 307 \r\n \r\n THE CODE OF CRIMINAL PROCEDURE, 1898 \r\n1ACT NO. V OF 1898 \r\n[22nd March, 1898] \r\nAn Act to consolidate and amend the law relating to the Criminal Procedure. \r\nWHEREAS it is expedient to consolidate and amend the law relating to Criminal Procedure; \r\nIt is hereby enacted as follows:__ \r\nPART I  \r\nPRELIMINARY  \r\nCHAPTER I \r\n1. Short title. commencement. __ (1) This Act may be called the Code of Criminal \r\nProcedure, 1898 ; and it shall come into force on the first day of July, 1898. \r\n(2) Extent. It extends to 2[the whole  of Pakistan]  ; but, in the absence of any specific \r\nprovision to the contrary, nothing herein contained shall affect any special or local law now in force, \r\nor any special jurisdiction or power conferred, or any special form of procedure prescribed, by any \r\nother law for the time being in force, 3[* * *]. \r\n3[*  *  *  *  *  *  *] \r\n1For Statement of Objects and Reasons, see Gazette of India, 1897, Pt. V, p. 363 ; for Report of the Select Committee, see ibid., 1898, Pt. V, p.19; \r\nand for Proceedings in Council, see ibid., 1897, Pt. VI, pp. 238 and 254; and ibid., 1898, pp. 22, 101 and 175. \r\nIt has been declared to be in force in__ \r\nBaluchistan, by the British Baluchistan Laws Regulation, 1913 (2 of 1913), s.3 and Sch. I. \r\nIt has been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950) ; and applied in \r\nthe Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I. p. 1499. \r\nIt has also been extended to the Excluded Area of Upper Tanawal other than Phulera by t he N.­W.F.P (Upper Tanawal) (Excluded Area) \r\nLaws Regulation, 1950, and declared to be in force in  that area with effect from 1st June, 1951, see N.­W.F.P. Gazette, Extraordinary, dated 1st June, \r\n1951. \r\nIt has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.­W.F.P., subject to certain \r\nmodifications, see N.­W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. \r\nExtended to the added area of the North­West Frontier Province ( see First Schedule t o (G.G.O. 1 of 1952), with effect from the 7th \r\nFebruary, 1952. see N.W.F.P. Gazette, 1952, Pt. I, p. 70.    \r\nIt has also been extended to the added areas mentioned in First Schedule of G.G.O. 13 of 1955, see Gazette of West Pakistan, 1957, Ext., p. \r\n555. \r\nAs to its application in certain districts on the Sindh Frontier , see the Sindh Frontier Regulation, 1872 (5 of 1872), s. 11, and the Sindh \r\nFrontier Regulation, 1892 (3 of 1892).   \r\nIt has been amended in its application to__ \r\n(i) the Punjab, by the Punjab Criminal Procedure (Election Offences) Amendment Act, 1936 (Punjab Act 1 of 1936) and the Code \r\nof Criminal Procedure (Punjab Amdt.) Act, 1940 (Punjab Act 11 of 1940), Punjab Ordinance 9 of 1971, and the Punjab \r\nOrdinance 10 of 1972. ; \r\nThe Code of Criminal P rocedure, 1898 (Act V of 1898) has been amended by the Law Reforms Ordinance, 1972, (XII of 1972). The date of \r\nenforcement of the provisions of the Law Reforms Ordinance, 1972 except those relating to separation of Judiciary in the different Provinces are as \r\nfollows:__ \r\n1. In the Punjab         26­12­1975 \r\n2. In N.W.F.P. (Except Tribal Areas)       26­12­1975 \r\n3. In Sind          24­12­1975 \r\n4. In Quetta Town, Cantonment Areas and Nasirabad Distt.of Baluchistan.    23­12­1975 \r\n(ii) N.­W.F.P., by the Criminal Procedure (Election Offences) (N.­W.F.P. Amdt). Act, 1937 (N.­W.F.P. Act 10 of 1937), the Code of Criminal \r\nProcedure (N.­W.F.P Amdt.) Act, 1940 (N.­W.F.P. Act 8 of 1940) ; \r\n(iii) The Province of West Pakistan by West Pakistan Act No. 11 of 1963, s.2 (with effect from the 12th July, 1963) West Pakistan Act No. \r\nXVII of 1964, s.2 (with effect from the 1st April, 1964) the West Pakistan Act VIII of 1968, and West Pakistan Ordinance XXXIII of 1969; \r\nand \r\n(iv) The Provisions of the Law Reforms Ordinance, 1972 (XII of 1972), relating to amendments in the Code of Criminal Procedure, 1898 (V \r\nof 1898), enforced w.e.f. 26­12­75 in Punjab and N.­W.F.P. (except Tribal Areas), w.e.f. 24­12­75 in sind w.e.f. 23­12­75 in Quetta Town \r\nCantonment Area and Nasirabad District of Baluchistan. \r\n2Subs. by the Central Laws (St atue Reform) Ordinance, 1960 (XXI  of 1960), s. 3 and 2 nd Sch., for “all the Provinces and the Capital of the \r\nFederation”, which had been subs. by A.O., 1949, Arts. 3(2) and 4, for “the whole of British India”. \r\n3The words “or shall apply to”, the original clauses (a), (b) and (c), and the proviso following as amended by the Devolution Act, 1920 ( XXXVIII \r\nof 1920), s.2 and Sch. I, and A.O., 1937, omitted by A.O., 1949, Sch. \r\n \r\nPage 28 of 307 \r\n \r\n2. [Repeal of enactments, notifications, e tc., under repealed Acts. Pending cases. ] Rep. by the \r\nRepealing and Amending Act, 1914 (X of 1914). \r\n3. References to Code of Criminal Procedure and other repealed enactments. __ (1) In every  \r\nenactment passed be fore this Code comes into force, in which refe rence is made to, or to any chapter or  \r\nsection of, the  Code  of Criminal Procedure, Act XXV of 1861 or Act X of 1872, or Act X of 1882, or to   \r\nany other enactment hereby repealed, such reference shall,  so far as may be  practicable, be  taken to be  made \r\nto this Code or to its corresponding Chapter or section. \r\n(2) Expressions in former Acts.  In every enactment passed before this Code comes into force the \r\nexpressions “Officer exercising (or ‘having’) the powers (or ‘the full powers’) of a Magistrate,” “Subordinate \r\nMagistrate, first class ,” and “Subordinate Magistrate, second class, ” shall respectively be deemed to mean \r\n“Magistrate of the first class,” “Magistrate of the second class” and “Magistrate of the third class” 1[* * * * * \r\n* *] 2[* * *] and the expression “Joint Sessions Judge” shall mean “Additional Sessions Judge”. \r\n4. Definitions.__ (1) In this Code the following words and expressions have the following \r\nmeanings, unless a different intention appears from the subject or content:__ \r\n(a) “Advocate General.” “Advocate General” includes also a Government Advocate, or, \r\nwhere there is no Advocate General or Government Advocate, such officer as the \r\n3[Provincial Government] may, from time to time, appoint in this behalf: \r\n(b) “Bailable offence.” “Non­bailable offence.” “bailable offence” means an offence \r\nshown as bailable in the second schedule, or which is made bailable by any other law \r\nfor the time being in force; and “non­bailable offence” means any other offence: \r\n(c) “Charge.” “charge” includes any head  of charge when the charge contains more  \r\nheads than  one: \r\n(d) 4[* * * * * * *] \r\n(e) 5[* * * * * * *] \r\n(f)  “Cognizable offence.” “Cognizable case.” “cognizable offence” means an offence \r\nfor, and “cognizable case” means a case in, which a police­officer, 6[* * *], may, in \r\naccordance with the second schedule , or under any law for the time being in force, \r\narrest without warrant: \r\n(g) 7[* * * * * * *] \r\n(h)  “Complaint.”  “Complaint” means the allegation made orally or in writing to a \r\nMagistrate, with a view to his taking action under this Code, that some person \r\nwhether known or unknown, has committed an offence, but it does not include the \r\nreport of a police­officer: \r\n \r\n1Omitted by Ord. No. XXXVII of 2001, s.2 . This Ord. came into force on 14 -08-2001 except in ICT in light of Ord.  XLV of 2001. All other \r\namendments of Ord. XXXVI of 2001 shall be read accordingly.  \r\n2The words and quotations ‘the expression “Magistrate of Police ” shall be deemed to mean “Presidency Magistrate,”, omitted by the Adaptation of \r\nCentral Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Sch. \r\n3Subs. by A.O., 1937, for “L.G.”. \r\n4Clause (d) rep. by the Repealing and Amending Act, 1923 (XI of 1923), s.3 and Sch. II. \r\n5Clause (e) omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch., \r\nEnforced in  Punjab, w.e.f. 26­12­75, see, Punjab Govt. Notifin. No. Judl. 1­3 (2)/75, dated 26­12­75, Ext., P.1419. \r\nEnforced in N.­W.F.P. w.e.f. 26­12­75, see, the N.­W.F.P. Govt. Notifin. No. S.O. Judl. Misc. (HD)/75, dated 30­12­75, Ext., P.484a.  \r\nEnforced in Sind, w.e.f. 23­12­75, see, Sind Govt. Notifin. No. S. Legis­4 (8)/75, dated 23­12­75, Ext. p. 1327­A. \r\nEnforced in Baluchistan, w.e.f. 23­12­75, see, Baluchistan Govt. Notifin. No. Legis­3/15/Law/75, dated 23­12­75, Ext., Issue No. 70. \r\n6The words “within or without the presidency­towns” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), \r\nSch. \r\n7Clause (g) defining “Commissioner of Police” omitted, ibid. \r\n \r\nPage 29 of 307 \r\n \r\n(i) 1[*  *  *  *  *  *  *] \r\n2[(j) “High Court. ” means the highest Court of criminal ap peal or revision for a \r\nprovince 3[and the Islamabad Capital Territory]:] \r\n(k) “Inquiry.” “inquiry” includes every inquiry other than a trial conducted under \r\nthis Code by a Magistrate or Court: \r\n(l) “Investigation.” “investigation” includes all the proceedings under this Code for \r\nthe collection of evidence conducted by a police­officer or by any person (other \r\nthan a Magistrate) who is authorised by a Magistrate in this behalf : \r\n(m) “Judicial p roceeding.” “judicial proceeding ” includes any proceeding in the \r\ncourse of which evidence is or may be legally taken on oath: \r\n4[(ma) “Magistrate” means a Judicial Magistrate and includes a Special Judicial \r\nMagistrate appointed under sections 12 and 14;] \r\n(n) “Non­cognizable offence. ” “Non­cognizable case. ” “non­cognizable offence ” \r\nmeans an offence for, and “non­cognizable case ” means a case in, which a \r\npolice­officer, 5[* * *], may not arrest without warrant: \r\n(o) “Offence.” “offence” means any act or omission made punishable by any law for \r\nthe time being in force;  \r\nit also includes any act in respect of which a complaint may be made under \r\nsection 20 of the Cattle­trespass Act, 1871 (I of 1871): \r\n(p) “Officer incharge of a police­station. ” “officer incharge of a police­station ” \r\nincludes, when the officer incharge of the police­station is absent from the \r\nstation­house or unable from illness or other cause to perform his duties, the \r\npolice­officer present at the station­house who is next in rank to such officer and \r\nis above the ra nk of constable or, when the 6[Provincial Government] so directs, \r\nany other police­officer so present: \r\n(q) “Place.” “place” includes also a house, building, tent and vessel: \r\n(r) “Pleader.” “pleader,” used with reference to any proceeding in any Court, mean s \r\na pleader 7[or a mukhtar] authorised under any law 8 for the time being in force to \r\npractise in such Court, and includes (1) an advocate, a vakil and an attorney of a \r\nHigh Court so authori sed, and (2) any 9[* * ] other person appointed with the \r\npermission of the court to act in such proceeding: \r\n \r\n1Clause (i) defining “European British subject” which was subs. by the Criminal Law Amendment Act, 1923 (XII of 1923), s.2. (1), for the original clause (i) has \r\nbeen omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), s. 2 and Sch. \r\n2Subs. by A.O., 1964, Art. 2 and Sch. for Clause (j) which had been subs. by Act 2 of 1950, Sch., for the original clause, as amended from time to time. \r\n3Added by the Islamabad High Court Act, 2010 (XVII of 2010), s. 14. \r\n4Ins. by ord. XXXVII of 2001, s. 3. \r\n5The words “within or without a presidency­town” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Sch. \r\n6Subs. by A.O., 1937, for “L.G.”. \r\n7Ins. by the Code of Criminal Procedure (Further Amendment) Act, 1923 (XXXV of 1923), s.2. \r\n8See the Legal Practitioners Act, 1846 (I of 1846); the Legal Practitioners Act, 1853 (XX of 1853); the Legal Practitioners Act, 1879 (XVIII of 1879); the Legal \r\nPractitioners Act, 1884 (IX of 1884); the Legal Practitioners  (Amendment) Act, 1908 (I of 1908) ; and Act XXXV of 1973. \r\nIn Baluchistan, see s. 20 (1) (c) of the Sch. to the British Baluchistan Criminal Justice Regulation, 1896 (VIII of 1896); in the N.­W.F.P., see s.9 of the N.­W.F.P. \r\nLaw and Justice Regulation , 1901 (VII of 1901) and the rules issued under that section in Gazette of India, 1902, Pt. II, p.5. \r\n9The words “Mukhtar or” rep. by the Code of Criminal Procedure (Further Amendment) Act, 1923 (XXXV of 1923), s.2. \r\n \r\nPage 30 of 307 \r\n \r\n(s) “Police­station.” “police­station” means any post or place declared, generally \r\nor specially, by the  1[Provincial Government] to be a police­station,  and \r\nincludes any local area specified by the 1[Provincial Government] in this \r\nbehalf: \r\n(t) “Public Prosecutor.” “Public Prosecutor” means any person appointed under \r\nsection 492, and includes any person acting under the directions of a Public \r\nProsecutor and any person conducting a prosecution on behalf of 2[the State] \r\nin any High Court in the exercise of its original criminal jurisdiction: \r\n(u) “Sub­division.” “sub­division” means a sub­division of a district: \r\n(v) 3[* * * * * * *] \r\n(w) 3[* * * * * * *] \r\n(2) Words referring to acts.  Words which refer to acts done, extend also to illegal \r\nomissions; and \r\nWords to have same meaning as in Pakistan Penal Code.  All words and expressions used \r\nherein and defined in the Pakistan Penal Code ( XLV of 1860), and not hereinbefore defined, shall be \r\ndeemed to have the meanings respectively attributed to them by that Code. \r\n \r\n5. Trial of offences under Penal Code. __ (1) All offences under the Pakistan Penal \r\nCode (XLV of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to \r\nthe provisions hereinafter contained. \r\n \r\n(2) Trial of offences against other laws . All offences under any other law shall be \r\ninvestigated, inquired into, tried, and otherwise dealt with according to the same provisions, but \r\nsubject to any enactment for the time being in force regulating the manner or place of investigating, \r\ninquiring into, trying or otherwise dealing with such offences. \r\nPART II \r\n[ \r\nCONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES \r\n________ \r\nCHAPTER II \r\nOF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES \r\nA.__ Classes of Criminal Courts \r\n4[6.  Classes of Criminal Courts and Magistrates. __ (1)  Besides  the  High  Court  and  the  \r\nCourts constituted under any law other than this Code for the time being in force, there shall be two \r\nclasses of Criminal Courts in Pakistan, namely:__ \r\nI. Courts of Session; \r\nII. Courts of Magistrates. \r\n \r\n1\r\nSubs. by A.O., 1937, for “L.G.”. \r\n2 Subs. by the Central Laws (Adaptation) Order, 1961 (P. O. No. 1 of 1961), Art. 2 and Sch., for “Her Majesty” (with effect from the 23rd March, \r\n1956). \r\n3 Clauses (v) and (w), omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n4\r\nSubs. by the Legal Reforms Act, 1997 (XXIII of 1997), s. 3. \r\n \r\n \r\nPage 31 of 307 \r\n \r\n1[(2) There shall be the following classes of Magistrate, namely:__ \r\n(i) Magistrate of the first class; \r\n(ii) Magistrate of the second class; and \r\n(iii)  Magistrate of the third class.]] \r\n \r\nB.__ Territorial Divisions \r\n \r\n7. Sessions divisions and districts .__ (1) 2[Each Province 3[***]] shall consist of \r\nsessions divisions: and every sessions division shall, for the purposes of this Code, be a district or \r\nconsist of districts. \r\n(2) Power to alter divisions and districts.  The 4[Provincial Government] may alter 5 the \r\nlimits, or, 6[* * *], the number, of such divisions and districts. \r\n(3) Existing divisions and districts maintained till altered . The sessions divisions and \r\ndistricts existing when this Code comes into force shall be sessions divisions and districts \r\nrespectively, unless and until they are so altered. \r\n(4) 7[* * * * * * *] \r\n8. Power to divide districts into sub­divisions. __ (1) The 4[Provincial Government] \r\nmay divide8 any district 9[* * * ] into sub­divisions, or make any portion of any such district a \r\nsub­division, and may alter the limits of any sub­division. \r\n(2) 10[* *  *  * * * *] \r\nC.__ Courts and Offices 9[* * *] \r\n9. Court of Session. __ (1) The 4[Provincial Government] shall establish a Court of \r\nSession for every sessions division, and appoint a judge of such Court. \r\n(2) The 4[Provincial Government] may, by general or special order in the official Gazette, \r\ndirect at what place or places the Court of Session shall hold its sitting; but, until such order is made, \r\nthe Courts of Session shall hold their sittings as heretofore. \r\n(3) The 4[Provincial Government] may also appoint Additional Sessions Judges , and \r\nAssistant Sessions Judges to exercise jurisdiction in one or more such Courts. \r\n \r\n1\r\nSubs. by Ord. No. XXXVII of 2001, s.4. \r\n2\r\nSubs. by the Central Laws (St atue Reform) Ordinance, 1960 (XXI  of 1960), s.3 and 2nd. Sch., ( with effect from the 14th  October, 1955), for \r\nthe words “Every province shall be a sessions division, or ”, as amended by the Federal Laws (Revisio n and Declaration) Act, 1951 (XXVI  of \r\n1951), s.3 and Sch II. \r\n3The words “(excluding the Presidency-towns)” rep. by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), s.3 and Sch II. \r\n4\r\nSubs. by A.O., 1937, for “L.G.”. \r\n5\r\nFor notifications, see the different local Rules and Orders. \r\n6\r\nThe words “with the previous sanction of the Governor General in Council” rep. by the Devolution Act, 1920 (XXXVIII of 1920), s.2 and Sch. I. \r\n7\r\nSub­section (4) rep. by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), s. 3 and Sch. II. \r\n8\r\nFor notifications, see the different local Rules and Orders. \r\nFor notification directing that__ \r\n    (i)  Phulera in the Area of the Upper Tanawal in the North West Frontier Province, shall form part of the Mansehra Sub­Division in the \r\nHazara   District, see N.W.F.P. Govt. Gazette, 1952, Pt. I, p. 305; and \r\n \r\n    (ii) the districts in the first column of the table therein shall be divided into the sub­division, see Gazette of Sindh, 1954, Pt. I, pp. 499 and 525. \r\n9\r\nThe words “outside the presidency­towns” rep. by Act XXVI of 1951, s. 3 and Sch. II. \r\n10\r\nOmitted by Ord. No. XXXVII of 2001, s. 5. \r\n \r\nPage 32 of 307 \r\n \r\n(4) A Sessions Judge of one sessions division may be appointed by the 1[Provincial \r\nGovernment] to be also an Additional Sessions Judge of another division, and in such case he may sit for \r\nthe disposal of cases at such place or places in either division as the 1[Provincial Government] may direct. \r\n(5) All Courts of Session existing when this Code comes into force shall be deemed to have \r\nbeen established under this Act. \r\n10. 2[* * * * * * *] \r\n11. 2[* * * * * * *] \r\n3[12. Sub­ordinate Magistrates.__ (1) The 1[Provincial Government ] may appoint as many \r\npersons as it thinks fit, 4[* * *] to be Magistrates of the first, second or third class in any district 5[* * *]; \r\nand 4[* * *], may, from time to time, define local areas within which such persons may exercise all or any \r\nof the powers with which they may respectively be invested under this Code. \r\n(2) Except as otherwise provided by such definition, the jurisdiction and powers of such \r\npersons shall extend throughout such district. \r\n13. 2[* * * * * * *] \r\n4[14. Special Judicial 2[* * * ] Magistrate.__ (1) The Provincial Government may, on the \r\nrecommendation of the High Court, confer upon any person 2[, including a former Executive Magistrate,]  \r\nall  or  any  of  the powers conferred or conferrable by or under this Code on a Judicial Magistrate in \r\nrespect to particular cases or to a particular class or particular classes of cases, or in regard to cases \r\ngenerally in any local area. \r\n(2) Such Magistrates shall be called Special Judicial Magi strates and shall be appointed for \r\nsuch term as the Provincial Government may, in consultation with the High Court, by general or special \r\norder, direct. \r\n(3) 2[* * * * * * *] \r\n(4) 2[* * * * * * *] \r\n(5) 2[* * * * * * *] \r\n6[14A. Appointment of Special Magistrates.__ (1) Notwithstanding anything contained in this \r\nCode or any other law for the time being in force or any judgement of any court including superior \r\ncourts, the Provincial Government may appoint Special Magistrates with the powers of a Magistrate First \r\nClass Exclusively for the trial of offences relating to price control under any Provincial law or Federal \r\nlaw for the time being in force. \r\n(2) The Provincial Government or any officer authorized by the Provincial Government in \r\nthis behalf may, from time to time , define local areas within which such Magistrates may exercise all or \r\nany of the powers with which they may respectively be invested under any Provincial law or Federal law \r\nrelating to price control.] \r\n1Subs. by A.O., 1937, for “L.G.”. \r\n2Omitted and Ins. by Ord. No. XXXVII of 2001, ss. 6­10. \r\n3For notification under this section, see Gaz. of P., 1957, Pt, VI, p.175. \r\n4Omitted and subs. by Law Reforms Ordinance, 1972 (XII of 1972), s. 2 & Sch. \r\n5The words “outside the presidency-towns” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and \r\nSch. \r\n6Ins. by Act No. III of 2006, s. 21. \r\n  \r\n \r\nPage 33 of 307 \r\n \r\n15. Benches of Magistrates. __ (1) The 1[Provincial Government] may direct  any  two  or  \r\nmore  2[Judicial Magistrates] in any place 3[* * * ] to sit together as a Bench, and may by order invest \r\nsuch Bench  with any of the powers conferred or conferrable by or under this Code on a Magistrate of the \r\nfirst, second or third class, and direct it to exercise such powers in such  cases, or, such classes of cases \r\nonly and within such local limits, as the 1[Provincial Government] thinks fit. \r\n(2)  Powers exercis eable by Bench in absence of special direction.  Except as otherwise \r\nprovided by any order under this section, every such Bench shall have the powers conferred by this Code \r\non a Magistrate of the highest class to which any one of its members, who is present taking part in the \r\nproceedings as a member of the Bench, belongs, and as far as practicable shall, for the purposes of  this \r\nCode, be deemed to be a Magistrate of such class. \r\n16. Power to frame rules for guidance of 3[Magistrates and] Benches.  The 1[Provincial \r\nGovernment] may, 2[* * * * * * *] from tim e to time, make rules 5 consistent with this Code for the \r\nguidance of 4[all Magistrates and] Magistrates’ Benches in any district respecting the following \r\nsubjects:__ \r\n(a) the classes of cases to be tried; \r\n(b) the times and places of sitting; \r\n(c) the constitution of the Bench for conducting trials; \r\n(d) the mode of settling differences of opinion which may arise between the \r\nMagistrates in session 4[;] \r\n4[(e) The mode and manner of conducting raids and trial on the spot.] \r\n17. 2[Subordination of 6[*] Magistrates and Benches to Sessions Judge. __ (1) All 6[*] \r\nMagistrates appointed under sections 12 and 14 4[,14A] and all Benches constituted under section 15, \r\nshall be  subordinate   to the Sessions Judge, and he may, from time to time, make rules or give  special \r\norders consistent with this Code and any rules framed by the Provincial Government under section 16, as \r\nto  the  distribution  of business among such Magistrates and Benches.] \r\n(2) 6[* * * * * * *] \r\n(2A) 6[* * * * * * *] \r\n(3) Subordination of Assista nt Sessions Judges to Sessions Judge.  All Assistant Sessions \r\nJudges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction, and he may, \r\nfrom time to time, make rules consistent with this Code as to the distribution of business  among such, \r\nAssistant Sessions Judges. \r\n(4) The Sessions Judge may also, when he himself is unavoidably absent or incapable of \r\nacting, make provision for the disposal of any urgent application by an Additional or Assistant Sessions \r\nJudge 7[*******] such Judge 7[* *] shall have jurisdiction to deal with any such application.  \r\n(5) 7[*  *  * * * * *] \r\n \r\nD.__ Courts of Presidency Magistrates. \r\n \r\n18 to 21.  [Appointment of Presidency Magistrates. Benches, Local limits of Jurisdiction. \r\nChief Presidency Magistrate.] Omitted by A.O., 1949, Sch. \r\n1Subs. by A.O., 1937, for “L.G.”. \r\n2Subs. by Law Reforms Ordinance, 1972 (XII of 1972), s.2 & Sch.  \r\n3The words “outside the presidency town” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and \r\nSch. \r\n4Ins., subs. and added by Act No. III of 2006, s .21. \r\n5For rules, see the different local Rules and Orders. \r\n6Omitted by Ordinance No. XXXVII of 2001, s. 11. \r\n7Omitted by Law Reforms Ordinance, 1972 (XII of 1972), s.2 & Sch. (for further clarity on this provision, the original source i.e. the Gazette \r\nNotification of Ordinance No. XXXVII of 2001 may be perused. \r\n \r\nPage 34 of 307 \r\n \r\nE.__ Justices of the Peace \r\n1[22. Appointment of Justices of the Peace.  The Provincial Government may, by \r\nnotification in the official Gazette, appoint , for such period as may be specified in the notification, \r\nand subject to such rules as may be made by it, any person who is a citizen of Pakistan and as to \r\nwhose integrity and  suitability it is satisfied to be a Justice of the Peace for a local area to be \r\nspecified in the notification, and more than one Justice of the Peace may be appointed for the same \r\nlocal area. \r\n22A. Powers of Justices of the Peace. __ (1) A Justice of the Pe ace for any local area shall, \r\nfor  the purpose of making an arrest, have within  such area all the powers of a police­officer referred \r\nto in  section 54 and of an officer in charge of a police­station referred to in section 55. \r\n(2) A Justice of the Peace m aking an arrest in exercise of any powers under sub­section \r\n(1) shall, forthwith, take or cause to be taken the person arrested before the officer incharge of the \r\nnearest police­station and furnish such officer with a report as to the circumstances of the arrest and \r\nsuch officer shall thereupon re­arrest the person. \r\n(3) A Justice of the Peace for any local area shall have powers, within such area, to call \r\nupon any  member of the police force on duty to aid him__ \r\n(a) in taking or preventing the escape of any  person who has participated in the \r\ncommission of any cognizable offence or against whom a reasonable \r\ncomplaint has been made or credible information has been received or a \r\nreasonable suspicion exists of his having so participated; and \r\n(b) in the preventio n of crime in general and, in particular, in the prevention of a \r\nbreach of the peace or a disturbance of the public tranquillity. \r\n(4) Where a member of the police force on duty has been called upon to render aid under \r\nsub­section (3), such call shall be deemed to have been made by a competent authority. \r\n(5) A Justice of the Peace for any local area may, in accordance with such rules as may be \r\nmade by the Provincial Government,__ \r\n(a) issue a certificate as to the identity of any person residing within such area, or \r\n(b) verify any document brought before him by any such person, or \r\n(c) attest any such document required by or under any law for the time being in \r\nforce to be attested by a Magistrate, \r\nand until the contrary is proved, any certificate so issued sh all be presumed to be correct and \r\nany document so verified shall be deemed to be duly verified, and any document so attested shall be \r\ndeemed to have been as fully attested as if he had been a Magistrate. \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch., for section 22, which has previously been amended by various enactments. \r\nEnforced in the Punjab w.e.f 20­12­82, see, Punjab Govt. Notification No. O.S. D(C)­ Home1­10­82 dated 12.12.82. \r\nEnforced in Sind w.e.f. 21­12­80, see, Sind Govt.  Notification No. VII (488) S.O.J/79, dated 21­12­80, Sind Gazette of 1980, Ext., Pt. I, p. 945­A, \r\nsection 22, clauses (a), (b) and (c) of sub­section 5 of section 22 and clauses (a) and (b) of section 22­B have been enforced. \r\nEnforced in Baluchistan w.e.f 1­2­83, see the Baluchistan Gazette, dated 6­2­83, Pt. I. p.2. Section 22, clauses (a), (b) and (c) of sub­section 5 of session \r\n22­A and clauses (a) and (b) of section 22­B have been enforced. \r\n \r\nPage 35 of 307 \r\n \r\n1[(6) An ex­officio Justice of the Peace may issue appropriate  directions to the police \r\nauthorities concerned on a complaint regarding­ \r\n(i) non­registration of a criminal case; \r\n(ii) transfer of investigation from one police officer to another; and \r\n(iii) neglect, failure or excess committed by a police authority in re lation to its \r\nfunctions and duties.] \r\n \r\n22B. Duties of Justices of the Peace. Subject to such rules as may be made by the Provincial \r\nGovernment, every Justice of the Peace for any local area shall__ \r\n \r\n(a)  on receipt of information of the occurrence of any incident involving a breach \r\nof the peace, or of the commission of any offence within such local area, \r\nforthwith make inquiries into the matter and report in writing the result of his \r\ninquiries to the neare st Magistrate and to the officer incharge of the nearest \r\npolice station; \r\n(b) if the offence referred to in clause (a) is a cognizable offence, also prevent the \r\nremoval of anything from, or the interference in any way with, the place of \r\noccurrence of the offence; \r\n(c) when so requested in writing by a police­officer making an investigation under \r\nChapter XIV in respect of any offence committed within such local area,__ \r\n(i) render all assistance to the police­officer in making such an \r\ninvestigation; \r\n(ii) record any statement made under expectation of death by a person in \r\nrespect of whom a crime is believed to have been committed.] \r\n23 and 24.  [Justices of the Peace for the Presidency­towns. Present Justices of the Peace.] \r\nRep. by the Criminal Law Amendment Act, 1923 (XII of 1923), s.4. \r\n1[25. Ex­ officio Justices of the Peace.  By virtue of their respective offices, the Sessions \r\nJudges and on nomination by them, the Additional Sessions Judges, are Justices of the Peace within \r\nand for whole of the District of the Province in which they are serving.] \r\nF.__ Suspension and Removal \r\n26 and 27. [Suspension and removal of Judges and Magistrates. Suspension and removal of \r\nJustices of the Peace.] Rep. by A.O., 1937. \r\n      __________ \r\nCHAPTER III  \r\nPOWERS OF COURTS \r\nA.__ Description of offences cognizable by each Court \r\n28. Offences under Penal Code. Subject to the other provisions of this Code any offence \r\nunder the Pakistan Penal Code (XLV of 1860) may be tried__ \r\n \r\n1Added & subs. by Ord. No. CXXXI of 2002, s. 2. \r\n \r\nPage 36 of 307 \r\n \r\n(a) by the High Court, or \r\n(b) by the Court of Session, or \r\n(c) by any other Court by which such offence is shown in the eighth column of the \r\nsecond schedule to be triable 1[.] \r\n   1[* * * * * * *] \r\nIllustration \r\nA is 2[tried by] the Sessions Court on a charge of culpable homicide. He may be convicted of \r\nvoluntarily causing hurt, an offence triable by a Magistrate. \r\n29. Offences under other laws. __ (1) Subject to the 3[other provisions of this Code], any \r\noffence under  any other law shall, when any Court is mentioned in this behalf in such law, be tried by \r\nsuch Court. \r\n(2) When no Court is so mentioned, it may be tried by the High Court or 4[subject as \r\naforesaid] by any Court constituted under this Code by which such offence is shown in the eighth column \r\nof the second schedule to be triable 1[.] \r\n1[* * * * * * *] \r\n3[29A. Trial of European British subjects by second  and third class Magistrates.] Omitted by the \r\nCriminal Law (Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), s.2 and sch. \r\n2[29B. Jurisdiction in the case of Juveniles.  Any offence, other than one punishable with death \r\nor imprisonment for life, committed by any person who at the date when he appears or is brought  before  \r\na  Court is under the age of fifteen years, may be tried by any Judicial Magistrate specially empowered by \r\nthe Provincial Government to exercise the powers conferred by section 8, sub­section (1), of the \r\nReformatory Schools Act, 1897, or, in any a rea in which the said Act is not applicable, by any other law \r\nproviding for the custody, trial or punishment of youthful offenders, by any Magistrate empowered by or \r\nunder such law to exercise all or any of the powers conferred thereby.] \r\n1[30. Offences not  punishable with death.  Notwithstanding anything contained in sections 28 \r\nand 29, the Provincial Government may invest any Magistrate of the first class with power to try as a \r\nMagistrate all offences not punishable with death.] \r\nB.__ Sentences which may be passed by Courts of various Classes. \r\n31. Sentences which High Courts and Sessions Judges may pass. __ (1) A High Court may \r\npass any sentence authorized by law. \r\n(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorized by law; \r\nbut any sentence of death passed by any such Judge shall be subject to confirmation by the High Court. \r\n(3) An Assistant Sessions Judge may pass any sentence authorised by law, except a sentence \r\nof death or of 6[* * *] imprisonment for a term exceeding seven years. \r\n \r\n1Subs. and omitted by Ord. No. XXXVII of 2001, s.13-15(w.e.f. 14-08-2001). \r\n2Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. (for further clarity on this provision, the original source i.e. the Gazette \r\nNotifications of Legal Reforms Act, 1997 (XXIII of 1997), and Ordinance No. XXXVIII of 2001 may be perused. \r\n3Subs. by the Criminal Law Amendment Act, 1923 (XII of 1923), ss. 5 & 6.  \r\n4Ins. by Act No. XVIII of 1923, s.5. \r\n6Rep. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s.2 and Sch., (w.e.f. 13­4­72). \r\n \r\nPage 37 of 307 \r\n \r\n32. Sentences which Magistrates may pass. __ (1) The Courts of Magistrates may pass the \r\nfollowing sentences, namely:__ \r\n \r\n(a) Courts \r\n1\r\n[* * *] of Magistrates of the first \r\nclass: \r\nImprisonment for a term not exceeding 2[Three \r\nyears] including such solitary confinement as is \r\nauthorized by law; Fine not exceeding 3[Forty five \r\nthousand] rupees; 4[arsh; daman;] Whipping. \r\n(b) Courts of Magistrates of the second \r\nclass: \r\nImprisonment for a term not exceeding 5[one year], \r\nincluding such solitary confinement as is authorized \r\nby law; \r\nFine not exceeding 3[fifteen thousand] rupees; 6[* * \r\n*] \r\n(c) Courts of Magistrates of the third class. Imprisonment for a term not exceeding one month; \r\nFine not exceeding 3[three thousand] rupees. \r\n(2) The Court of any Magistrate may pass any lawful sentence, combining any of the \r\nsentences which it is authorized by law to pass. \r\n(3) 7[* * * * * * *] \r\n33. Power of Magistrate to sentence to imprisonment in default of fine.__ (1) The Court of \r\nany Magistrate may award such terms of imprisonment in default of payment of fine as is authorized by \r\nlaw in case of such default: \r\nProvided that__ \r\n(a) the term is not in excess of the Magistrate’s powers under this Code; \r\n(b) in any case decided by a Magistrate where imprisonment has been \r\nawarded as part of the substantive sentence, the period of imprisonment \r\nawarded in default of payment of the fine shall not exceed one -fourth of \r\nthe period of imprisonment  which such Magistrate is competent to inflict \r\nas punishment for the offence otherwise than as imprisonment in default \r\nof payment of the fine. \r\n(2) The imprisonment awarded under this section may be in addition to a substantive \r\nsentence of imprisonment for the maximum term awarded by the Magistrate under section 32. \r\n \r\n34. Higher powers of certain 8[* * * ] Magistrates. The Court of a Magistrate, specially \r\nempowered under section 30, may pass any sentence authorized by law, except a sentence of death or of \r\n9[* * *] imprisonment for a term exceeding seven years. \r\n \r\n34A. 10[Sentences which Courts and Magistrates may pass upon European British subjects] \r\nOmitted by the Criminal Law (Extinction of Discriminatory Privile ges) Act, 1949(II of 1950), s. 2 and \r\nSch. \r\n1The words “of Presidency Magistrates and” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and \r\nSch. \r\n2Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 & Sch., for “two years”. \r\n3Subs. by Ord. No. LXXV of 2002, s. 3. \r\n4Ins. by Act No. II of 1997, s.11. \r\n5Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch., for “six months”. \r\n6The words “whipping (if specially empowered)” rep. by the whipping Act, 1909 (IV of 1909), s.8 and Sch. \r\n7Sub­section (3), rep. by the whipping Act, 1909 (4 of 1909), s.8 and Sch. \r\n8Ommitted by the Ord. No. XXXVII of 2001, s.16. \r\n9The words “transportation for a term exceeding seven years or ” omitted by the Criminal  Procedure (Amdt.) Act, 1974 (XXV  of 1974), s.2 and Sch., \r\n(w.e.f. 13­4­72). \r\n10Ins. by the Criminal Law Amdt. Act, 1923 (XII of 1923), s.7. \r\n \r\nPage 38 of 307 \r\n \r\n35. Sentence in cases of conviction of several offences at one trial. __(1) 1[When a person is \r\nconvicted at one trial of two or more offences, the Court may, subject to the provisions of section 71 of \r\nthe Pakistan Penal Code(XLV of 1860)] sentence him, for such offences, to the several punishments \r\nprescribed therefor which such Cou rt is competent to inflict; such punishments, when consisting of \r\nimprisonment 2[* * * ], to commence the one after the expiration of the other in such order as the Court \r\nmay direct, unless the Court directs that such punishments shall run concurrently. \r\n(2) In the case of consecutive  sentences, it shall not be necessary for the Court, by reason \r\nonly   of the aggregate punishment for the several offences being in excess of the punishment which it is \r\ncompetent to inflict on conviction of a single offence, to send the offender for trial before a higher Court: \r\nMaximum terms of punishment. Provided as follows:__ \r\n(a) in no case shall such person be sentenced to imprisonment for a longer period \r\nthan fourteen years; \r\n(b) if the case is tried by a Magistrate 3[* * * * * * *], the aggregate punishment shall \r\nnot exceed twice the amount of punishment which he is, in the exercise of his \r\nordinary jurisdiction, competent to inflict. \r\n(3) For the purpose of appeal, 4[the aggregate of consecutive] sentences passed under this \r\nsection in case of convictions for several offences at one trial shall be deemed to be a single sentence. \r\n5[* * * * * * *] \r\nC.__ Ordinary and Additional Powers \r\n36. Ordinary Powers of Magistrates.  All 3[6[* *] Magistrates] have the powers hereinafter \r\nrespectively conferred upon them and specified in the third schedule. Such powers are called their \r\n“ordinary powers”. \r\n6[37. Additional powers conferrable on Magistrates. __ On the recommendations of the High \r\nCourt, the Provincial Government may, in addition to the ordinary  powers,  invest  any  Magistrate with \r\nany powers specified in the Fourth Schedule.] \r\n38. 6[*  * * * * * *] \r\nD.— Conferment, Continuance and Cancellation of Powers \r\n39. Mode of conferring powers. __ (1) In conferring powers under this Code the 7[Provincial \r\nGovernment] may by order, empower persons specially by name or in virtue  of  their  office  or  classes \r\nof officials generally by their official titles. \r\n(2) Every such order shall take effect from the date on which it is communicated to the \r\nperson so empowered. \r\n1Subs. by Act No. XVIII of 1923, s.7, for “When a person is convicted at one trial of two or more distinct offences, the Court may”. \r\n2The words “or transportation” omitted by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974, s.2 and Sch., (w.e.f. 13­4­72). \r\n3Omitted & subs. by Ord. XII of 1972, s.2 & Sch. \r\n4Subs. by Act No. XVIII of 1923, s.7, for “aggregate”. \r\n5The Explanation and Illustration to section 35, rep. ibid. \r\n6Omitted and Subs. by Ord. No. XXXVII of 2001, ss.17­19. \r\n7Subs. by A.O., 1937, for “L.G.”. \r\n  \r\n \r\nPage 39 of 307 \r\n \r\n40. Powers of officers appointed.  Whenever any person holding an office in the service \r\nof Government who has been invested with any powers under this Code throughout any lo cal area is \r\n1[appointed] to an equal or higher office of the same nature, within a like local area under the same \r\n2[Provincial Government], he shall, unless the 2[Provincial Government] otherwise directs, or has \r\notherwise directed, 3[* *] exercise the same powers in the local area 4[in which] he is so 1[appointed]. \r\n \r\n5[41. Withdrawal of powers.__ The Provincial Government may, on the recommendations of \r\nthe High Court, withdraw all or any power s conferred by it under this Code on any person or \r\nMagistrate.] \r\n________ \r\nPART III \r\nGENERAL PROVISIONS \r\nCHAPTER IV \r\nOF AID AND INFORMATION TO THE MAGISTRATES, THE POLICE AND PERSONS \r\nMAKING ARRESTS. \r\n42. Public when to assist Magistrate and Police.  Every person is bound to assist a \r\nMagistrate 6[, Justice of the Peace] or police­officer reasonably demanding his aid, 7[* * *],__ \r\n(a) in the taking or preventing the escape of any other person whom such \r\nMagistrate or police­officer is authorized to arrest; \r\n(b) in the prevention or suppression of a breach of the peace, or in the prevention \r\nof any injury attempted to be committed to any railway, canal, telegraph or \r\npublic property. \r\n43. Aid to person other than police­officer, executing warrant.  When a warrant is \r\ndirected to a person other than a polic e­officer, any other person may aid in the execution of such \r\nwarrant, if the person to whom the warrant is directed be near at hand and acting in the execution of \r\nthe warrant. \r\n44. Public to give information of certain offences. __ 8[(1) Every person aware o f the \r\ncommission  of, or of the intention of any other person to commit, any offence punishable  under any \r\nof the  following sections  of the Pakistan Penal Code, namely, 121, 121A, 122, 123, 123A, 124, \r\n124A, 125, 126, 130, 143, 144, 145, 147, 148, 153A, 1 61, 162, 163, 164, 165, 168, 170, 231, 232, \r\n255, 302, 303, 304, 304A, 364A, 382, 392,   393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, \r\n450, 456, 457, 458, 459, 460 and 489A, shall, in the absence of reasonable excuse, the burden of \r\nproving which sh all lie  upon the  person so aware, forthwith  give information to the nearest \r\nMagistrate , Justice of the Peace or police­officer of such commission or intention.] \r\n \r\n1Subs. by the Act No. XVIII of 1923, s. 8, for “transferred”. \r\n2Subs. by A.O., 1937, for “L.G.”. \r\n3The words “continue to” rep. by Act No. XVIII of 1923, s. 8. \r\n4Subs. ibid., for “to which”. \r\n5Subs. by Ord. No. XXXVII of 2001, s. 20. \r\n6Subs., added and ins. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n7The words “, whether within or without the presidency­towns” omitted by the Central Laws (Adaptation) Order, 1961 (P. O. No. 1 of 1961), (with \r\neffect from the 2nd March, 1956). \r\n8Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch., for sub­section (1). \r\n  \r\n \r\nPage 40 of 307 \r\n \r\n(2) For the purposes of this section the term “offence” includes any act committed at any \r\nplace out of 1[Pakistan] which would constitute an offence if committed in 1[Pakistan]. \r\n45. Village­headman,  accountants,  landholders and others bound  to  report  certain \r\nmatters.__ (1)Every village­headman, village­accountant, village watchman, village police­officer, owner \r\nor occupier of land, and the agent of any such owner or occupier 2[in charge of the management of that \r\nland], and every officer employed in the collect ion of revenue or rent of land on the part  of 3[the  \r\n4[Government]] or the  Court of Wards, shall forthwith communicate to the nearest Magistrate 5[or \r\nJustice of the Peace] or to the officer incharge of the nearest police­station whichever is the nearer, any \r\ninformation which he may 6[possess] respecting__ \r\n(a) the permanent or temporary residence of any notorious receiver or vendor of \r\nstolen property in any village of which he is headman, accountant, watchman or \r\npolice­officer, or in which he owns or occup ies land, or is agent, or collects \r\nrevenue or rent; \r\n(b) the resort to any place within, or the passage through, such village of any person \r\nwhom he knows, or reasonably suspects to be a thug, robber, escaped convict or \r\nproclaimed offender; \r\n(c) the commissio n of, or intention to commit, in or near such village any \r\nnon­bailable offence or any offence punishable under section 143, 144, 145, 147 \r\nor 148 of the Pakistan Penal Code (XLV of 1860) ; \r\n(d) the occurrence in or near such village of any sudden or unnatural death or of any \r\ndeath under suspicious circumstances; 7[or the discovery in or near such village of \r\nany corpse or part of a corpse, in circumstances which lead to a reasonable \r\nsuspicion that such a death has occurred or the disappearance from such village of \r\nany person in circumstances which lead to a reasonable suspicion that a \r\nnon­bailable offence has been committed in respect of such person;] \r\n(e) the commission of, or intention to commit, at any place out  of 1[Pakistan] near \r\nsuch village  any act which, if committed in 1[Pakistan], would be an offence \r\npunishable under any of  the  followin g sections of the Pakistan  Penal  Code  \r\n(XLV  of  1860),  namely,  2[231,  232,  233,  234, 235, 236, 237, 238,] 302, 304, \r\n382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 43 5, 436, 449, 450, 457, 458, \r\n459 8[460, 489A, 489B, 489C and 489D]; \r\n(f) any matter likely to affect the maintenance of order or the prevention of crime or \r\nthe safety of person or property respecting which 9[any officer authorised by the \r\nProvincial Government], by general or special order made with the previous \r\nsanction of the 10[Provincial Government], has directed him to communicate \r\ninformation. \r\n \r\n1Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (XXI of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “the \r\nProvinces and the Capital of the Federation” which had been subs. by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of \r\n1949), Arts. 3(2) and 4, for “British India”. \r\n2Ins. by Act No. XVIII of 1923, s.9. \r\n3Subs. by A.O., 1937, for “Govt.”. \r\n4Subs. by the Central Laws (Adaptation) Order, 1961 (P. O. No. 1 of 1961), Art.2, for “Crown” (with effect from the 23rd March, 1956). \r\n5Ins. by Law Reforms Ordinance, 1972 (XII of 1972), s. 2 & Sch. \r\n6Subs. by Act No. XVIII of 1923, s. 9, for “obtain”. \r\n7Ins. ibid. \r\n8Subs. by Act No. XVIII of 1923, s.9, for “and 460”. \r\n9Subs. by Ord. No.  XXXVII of 2001, s. 21.  \r\n10Subs. by A.O., 1937, for “L.G.”. \r\n \r\nPage 41 of 307 \r\n \r\n(2) In this section__ \r\n(i) “village” includes village-lands; and \r\n(ii) the expression “proclaimed offender ” includes any person proclaimed as an \r\noffender by any Court or authority established or continued by the 1[Federal \r\nGovernment] 2[* * *] in any part of 3[Pakistan], in respect of any act which if \r\ncommitted in 4[Pakistan], would be punishable under any of th e following \r\nsections of the Pakistan Penal Code  (XLV of  1860),  namely,  302,  304, 382, \r\n392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459  \r\nand 460. \r\n(3) Appointment of Village­headmen 5[* * * * *] in certain cases for purposes of this \r\nsection. Subject to rules in this behalf to be made by the 6[Provincial Government], the 5[District \r\nOfficer (Revenue)] may from time to time appoint one or more persons 7[with his or their consent] \r\n8[to perform the duties of a village­ headman under this section whether a village­headman has or has \r\nnot been appointed for that village under any other law.]. \r\n        _________ \r\nCHAPTER V \r\nOF ARREST, ESCAPE AND RETAKING \r\nA.—Arrest generally \r\n46. Arrest how made.__ (1) In making an arrest the police officer or other person making \r\nthe same shall actually touch or confine the body of the person to be arrested, unless there be a \r\nsubmission  to the custody   by word or action. \r\n(2) Resisting endeavour to arrest. If such person forcibly resists the endeavou r to arrest \r\nhim, or attempts to evade the arrest, such police­officer or other person may use all means necessary \r\nto effect the arrest. \r\n(3) Nothing in this section gives a right to cause the death of a person who is not accused \r\nof an offence punishable with death or with 9[imprisonment for life]. \r\n47. Search of place entered by person sought to be arrested.  If any person acting \r\nunder a warrant of arrest, or any police­officer having authority to arrest, has reason to believe that \r\nthe person to be arrested ha s entered into, or is within, any place, the person residing in, or being in \r\ncharge of, such place shall, on demand of such person acting as aforesaid or such police­officer, \r\nallow him free ingress thereto, and afford all reasonable facilities for a search therein. \r\n \r\n1Subs. by the Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table, for “Central Government. \r\n2The words “or the Crown Representative” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949) , Art. 3 and \r\nSch. \r\n3Subs. ibid., for “India”. \r\n4Subs. by the Central Laws (St atue Reform) Ordinance, 1960 (XXI  of 1960), s. 3 and 2nd Sch. ( with effect from the 14th October, 1955 ), for “the \r\nProvinces and the Capital of the Federation”. \r\n5Omitted and subs. by Ord. No. XXXVII of 2001, s. 21. \r\n6Subs. by A.O., 1937, for “L.G.”. \r\n7Ins. by Act No. XVIII of 1923, s. 9. \r\n8Subs. ibid., for “to be village­headmen for the purposes of this section in any village for which there is no such headman appointed under any other \r\nlaw”. \r\n9Subs. by Act No. XXV of 1974, s.2 and ., Sch. for “transportation for life” (w.e.f 13­4­72). \r\n \r\n \r\nPage 42 of 307 \r\n \r\n48. Procedure where ingress not obtainable. If ingress to such place cannot be obtained \r\nunder section 47 it shall be lawful in an y case for a person acting under a warrant and in any case in \r\nwhich a warrant may issue, but cannot be obtained without affording the person to be arrested an \r\nopportunity of escape, for a police­officer to enter such place and search therein, and in order to \r\neffect an entrance into such place, to break open any outer or inner door or window of any house or \r\nplace, whether that of the  person to be  arrested or of any other person, if after notification of his \r\nauthority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance: \r\nBreaking open z anana. Provided that, if any such place is an apartment in the actual \r\noccupancy of a woman (not being the person to be arrested) who, according to custom, does not \r\nappear in public such person  or police­officer shall, before entering such apartment, give notice to \r\nsuch woman that she is at liberty to withdraw and shall afford her every reasonable facility for \r\nwithdrawing, and may then break open the apartment and enter it. \r\n49. Power to break open doors and windows for purposes of liberation.  Any \r\npolice­officer or other person authorized to make an arrest may break open any outer or inner door or \r\nwindow of any house or place in order to liberate himself or any other person who, having lawfully \r\nentered for the purpose of making an arrest, is detained therein. \r\n50. No unnecessary restraint.  The person arrested shall not be subjected to more \r\nrestraint than is necessary to prevent his escape. \r\n51. Search of arrested persons . Whenever a person is arres ted by a police­officer under \r\na warrant which does not provide for the taking of bail, or under a warrant which provides for the \r\ntaking of bail but the person arrested cannot furnish bail, and \r\nwhenever a person is arrested without warrant, or by a private person under a warrant, and \r\ncannot   legally be admitted to bail, or is unable to furnish bail, \r\nthe officer making the arrest or, when the arrest is made by a private person, the \r\npolice­officer to whom he makes over the person arrested, may search such per son, and place in safe \r\ncustody all articles, other than necessary wearing­apparel, found upon him. \r\n52. Mode of searching women.  Whenever it is necessary to cause a woman to be \r\nsearched, the search shall be made by another woman, with strict regard to decency. \r\n53. Power to seize offensive weapons.  The officer or other person making any arrest \r\nunder this Code may take from the person arrested any offensive weapons which he has about his \r\nperson, and shall deliver all weapons so taken to the Court or officer be fore which or whom the \r\nofficer or person making the arrest is required by this Code to produce the person arrested. \r\n1[53A. Examination of person accused of rape, etc. by medical practitioner. __ (1) When a \r\nperson is arrested on a charge of committing an off ence of rape, unnatural offence or sexual abuse or \r\nan attempt to commit rape, unnatural offence or sexual abuse under section 376,section 377 and \r\nsection 377B respectively and there are reasonable grounds for believing that an examination of the \r\narrested person will  afford  evidence as to the commission of such offence, it shall be lawful for a \r\nregistered medical practitioner employed in a hospital run by the Government or by a local authority \r\nto make such an examination of the arrested person and to use s uch force as is reasonably necessary \r\nfor that purpose. \r\n \r\n1Ins. by Act No. XLIV of 2016, s.  7. \r\n \r\nPage 43 of 307 \r\n \r\n(2) The registered medical prac titioner conducting examination under sub­section (1) shall, \r\nwithout delay,  examine such person and prepare a  report of his examination giving the following  \r\nparticulars, namely:__ \r\n(a) name and address of the accused and of the person by whom he was brought; \r\n(b) age of the accused; \r\n(c) marks of injury, if any, on person of the accused; \r\n(d) description of material taken from person of the accused for DNA profiling; and \r\n(e) other material particulars in reasonable detail. \r\n(3) The report under sub­section (2) shall state precisely the reasons for each conclusion \r\narrived at. \r\n(4) The exact time of commencement and completion of the examination under sub­section \r\n(1) shall also be noted in the report under sub­section (2). The registered medical prac titioner shall, \r\nwithout delay, forward the report to the investigating officer who shall forward it to the Magistrate \r\nthrough public prosecutor reffered to in section 173 as part of the report referred to in that section.] \r\nB.—Arrest without Warrant \r\n54. When police may arrest without warrant. __ (1) Any police­officer may, without an \r\norder from a Magistrate and without a warrant, arrest— \r\nfirst, any person who has been concerned in any cognizable offence or against whom a reasonable \r\ncomplaint has been made or credible information has been received, or a reasonable suspicion \r\nexists of his having been so concerned; \r\nsecondly, any person having  in his possession without lawful excuse, the burden of proving \r\nwhich excuse shall lie on such person, any implement of house­breaking; \r\nthirdly, any person who has been proclaimed as an offender either under this Code or by order of \r\nthe 1[Provincial Government] ; \r\nfourthly, any person in whose possession anything is found which may reasonably be suspected to \r\nbe stolen property 2[and] who may reasonably be suspected of having committed an offence \r\nwith reference to such thing ; \r\nfifthly, any person who obstruct s a police­officer while in the execution of his duty, or who   has \r\nescaped, or attempts to escape, from lawful custody ; \r\nsixthly, any person reasonably suspected of being a deserter from 3[the armed forces of Pakistan] \r\n4[* * *] 5[* * *] \r\n \r\n \r\n \r\n1Subs. by A.O., 1937, for “L.G.”. \r\n2Subs. by Act No. XVIII of 1923, s. 10, for “or”. \r\n3Subs. by the Central Laws (Adaptation) Order, 1961 (P. O. No. 1 of 1961), Art. 2 and Sch. (with effect from the 23rd March, 1956), for “Her Majesty’s \r\nArmy, Navy or Air Force”. \r\n4The words “or from any unit of [force of an Acceding State] declared under the Extradition Act, 1903, to be a unit desertion from which is an \r\nextradition offence” omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Second Schedule. \r\n5The words “or of belonging to Her Majesty’s Indian Marine Service and being illegally absent from that service” rep. by the Amending Act, 1934 \r\n(XXXV of 1934), s.2 and Sch. \r\n \r\nPage 44 of 307 \r\n \r\nseventhly, any person who has been concerned in, or against whom a reasonable complaint has \r\nbeen made or credible information has been received or a reasonable suspicion exists of his \r\nhaving been concerned in, any act committed at any place out of 1[Pakistan] which , if \r\ncommitted in 1[Pakistan], would have been punishable as an offence; and for which he is, \r\nunder any law relating to extradition 2[* * * ] or otherwise, liable to be apprehended or \r\ndetained in custody in 1[Pakistan] 3[*]; \r\neighthly, any released convict committing a breach of any rule made under section 565, \r\nsub­section (3); \r\n4[ninthly, any person for whose arrest a requisition has been received from another police­officer, \r\nprovided that the requisition specifies the person to be arrested and the offence o r other cause \r\nfor which the arrest is to be made and it appears therefrom that the person might lawfully be \r\narrested without a warrant by the officer who issued the requisition.] \r\n(2) 5[*  * * * * * *] \r\n655. Arrest of vagabonds, habitual robbers, etc. __ (1) Any officer in charge of a police­station \r\nmay, in like manner, arrest or cause to be arrested__ \r\n(a) any person found taking precautions to conceal his presence within the limits of \r\nsuch station, under circumstances which afford reason to believe that he is  taking \r\nsuch precautions with a view to committing a cognizable offence ; or \r\n(b) any person within the limits of such station who has not ostensible means of \r\nsubsistence, or who cannot give a satisfactory account of himself; or \r\n(c) any person who is by rep ute an habitual robber, house­breaker or thief, or an \r\nhabitual receiver of stolen property knowing it to be stolen, or who by repute \r\nhabitually commits extortion or in order to the committing of extortion habitually \r\nputs or attempts to put persons in fear of injury. \r\n(2) 5[* * * * * * *] \r\n56. Procedure when police officer deputes subordinate to arrest  without  warrant. __(1) \r\nWhen any officer in charge of a police­station 7[or any police­officer making an investigation under  \r\nChapter XIV] requires any officer subordinate to him to arrest without a warrant (otherwise than in his \r\npresence) any person who may lawfully  be  arrested without a  warrant,  he  shall deliver  to the officer \r\nrequired to make the arrest an order in  writ ing,  specifying the  person to be  arrested  and the offence or \r\nother cause for which the arrest is to be made. 7[The officer so required shall, before making the arrest, \r\nnotify to the person to be arrested the substance of the order and, if so required b y such person, shall \r\nshow him the order.] \r\n(2) 5[* * * * * * *] \r\n1Subs. by the Central Laws (St atue Reform) Ordinance, 1960 (XXI  of 1960), s.3 and 2nd Sch. ( with effect from the 14th October, 1955 ), for “the \r\nProvinces and the Capital of the Federation”.  \r\n2The words “or under the Fugitive Offenders Act, 1881, ” omitted by the Federal Laws (Revision and D eclaration) Ordinance, 1981 (XXVII of 1981), \r\ns.3 and Second Sch. \r\n3The word “and” rep. by the Repealing and Amending Act, 1927 (X of 1927), s.3 and Sch. II. \r\n4Ins. by Act No. XVIII of 1923, s.10. \r\n5Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch. \r\n6In the N.W.F.P., any police­officer may exercise the powers conferred by this section on a police­officer in charge of a police­station, see the N.W.F.P. \r\nLaw and Justice Regulation, 1901 (VII of 1901), s.13. \r\n7Ins. and added by Act No. XVIII of 1923, s. 11. \r\n  \r\n \r\nPage 45 of 307 \r\n \r\n57. Refusal to give name and residence. __(1) When any person who in the presence of a \r\npolice­officer has committed or has been accused of committing a non­cognizable offence  refuses, \r\non demand of such officer, to give his name and residence or gives a name or residence which such \r\nofficer has rea son to believe to be false,  he  may be  arrested by such officer  in  order  that his  \r\nname or residence may be ascertained. \r\n(2) When the true name and residence of such person have been ascertained, he shall be \r\nreleased on his executing a bond, with or w ithout sureties, to appear before a Magistrate 1[having \r\nJurisdiction,] if so required: \r\nProvided that, if such person is not resident in 2[Pakistan], the bond shall be secured by a \r\nsurety   or sureties resident in 2[Pakistan]. \r\n(3) Should the true name and r esidence of such person not be ascertained within \r\ntwenty­four hours from the time of arrest or should he fail to execute the bond, or, if so required , to \r\nfurnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having \r\njurisdiction. \r\n58. Pursuit of offenders into other jurisdictions.  A police­officer may, for the purpose \r\nof arresting without warrant any person whom he is authorized to arrest under this Chapter, pursue \r\nsuch person into any place in 2[Pakistan]. \r\n3[Explanation.__ In  this  section,  “police­officer”  includes  a  police­officer  acting  under  \r\nthis  Code  as in force in Azad Jammu and Kashmir.] \r\n59. Arrest by private persons and procedure on such arrest. __ 4[(1) Any private \r\nperson may arrest any person who in his view commits a non­bailable and cognizable offence, or any \r\nproclaimed offender, and without unnecessary delay, shall make over any person so arrested to a \r\npolice­officer, or, in the absence of a police­officer, take such person or cause him to be taken in \r\ncustody to the nearest police­station.] \r\n(2) If there is reason to believe that such person comes under the provisions of section 54, \r\na police­officer shall re­arrest him. \r\n(3) If there is reason to believe that he has committed a non­cognizable offence, and h e \r\nrefuses on the demand of a police­officer to give his name and residence, or gives a name or \r\nresidence which such officer has reason to believe to be false, he shall be dealt with under the \r\nprovisions of section 57. If there is no sufficient reason to believe that he has committed any offence, \r\nhe shall be at once released. \r\n60. Person arrested to be taken before Magistrate or officer in charge of \r\npolice­station. A police officer making an arrest without warrant shall, without unnecessary delay \r\nand subject to the provisions herein contained as to bail, take or send the person arrested before a \r\nMagistrate having jurisdiction in the case, or before the officer in charge of a police­station. \r\n61. Person arrested not to be detained more than twenty­four hours.  No \r\npolice­officer shall detain in custody a person arrested without warrant for a longer period than under \r\nall the circumstances of the case is reasonable, and such period shall not,   in  the  absence  of  a  \r\nspecial order of a Magistrate under section 167, exceed twenty­four hours exclusive of the time  \r\n1Ins. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n2Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (XXI of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “the \r\nProvinces and the Capital of the Federation”. \r\n3Added by Act No. VIII of 1993, s. 2 (w.e.f. 20­11­93. SRO­1106(1)/93, dated 16­11­93). \r\n4Subs. by Act No. XVIII of 1923, s. 12. \r\n \r\nPage 46 of 307 \r\n \r\nnecessary for the journey from the place of arrest to the Magistrate’s Court. \r\n62. Police to report apprehensions.  Officers in charge of police­stations shall report to \r\nthe 1[Zila Nazim, District Superintendent of Police and District Public Safety Commission set up \r\nunder the Police Act, 1861 (V of 1861), simultaneously], the cases of all persons arrested without \r\nwarrant, within the limits of their respective stations, whether such persons have bee n admitted to \r\nbail or otherwise 2[:] \r\n2[Provided that in the application  of this section to the districts where the local Government \r\nelections have not been held, or the Zila Nazim has not assumed charge of office, any reference in \r\nthis section to the Zila Nazim shall be read as a reference to the District Coordination Officer  in \r\nrelation to such districts: \r\nProvided further that the aforesaid proviso shall cease to have effect, and shall be deemed to \r\nhave been repealed, at the time when local Governments are installed in the districts as aforesaid.] \r\n63. Discharge of person appr ehended. No person who has been arrested by a \r\npolice­officer shall be discharged except on his own bond, or on bail, or under the special order of a \r\nMagistrate. \r\n64. Offence committed in Magistrate’s presence. When any offence is committed in the \r\npresence of a Magistrate within the local limits of his jurisdiction, he may himself arrest or order any \r\nperson to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail \r\ncommit the offender to custody. \r\n65. Arrest by or in prese nce of Magistrate.  Any Magistrate may at any time arrest or \r\ndirect the arrest, in his presence, within the local limits of his jurisdiction, of any person for whose \r\narrest he is competent at the time and in the circumstances to issue a warrant. \r\n66. Power, on escape, to pursue and retake.  If a person in lawful custody escapes or is \r\nrescued, the person from whose custody he escaped or was rescued may immediately pursue and \r\narrest him in any place in 3[Pakistan]. \r\n \r\n67. Provisions of sections 47, 48 and 49 to ap ply to arrests under section 66.  The \r\nprovisions of sections 47, 48 and 49 shall apply to arrests under section 66, although the person \r\nmaking any such arrest is not acting under a warrant and is not a police­officer having authority to \r\narrest. \r\n_________ \r\nCHAPTER VI \r\nOF PROCESSES TO COMPEL APPEARANCE \r\nA.__ Summons \r\n68. Form of summons.__ (1) Every summons issued by a Court under this Code shall  be  \r\nin writing in duplicate, signed and sealed by the presiding officer of such Court,  or  by  such  othe r \r\nofficer as the High Court may, from time to time, by rule, direct. \r\n \r\n1Subs. by Ord. No. XXXVII of 2001, s. 22. \r\n2Subs. and added by Ord. No.  XLIII of 2001, s. 2. \r\n3Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (XXI of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “the \r\nProvinces and the Capital of the Federation”. \r\n \r\nPage 47 of 307 \r\n \r\n(2) Summons by whom served. Such summons shall be served by a police­officer, or \r\nsubject to such rules as the 1[Provincial Government] may prescribe in this behalf, by an officer of \r\nthe Court issuing it or other public servant 2[:] 3[Provided that the Court may, at the request of the \r\ncomplainant or the accused, allow him to serve the summons on his own witnesses.] \r\n4[* * * * * * *] \r\n69. Summons how served. __ (1) The summons shall, if practicable, be served personally \r\non the person summoned, by delivering or tendering to him one of the duplicates of the summons. \r\n(2) Signature of receipt for summons.  Every person on who m a summon is so served \r\nshall 5[* * *] sign a receipt thereof on the back of the other duplicate. \r\n(3) Service of a summons on an incorporated company or other body corporate may be \r\neffected by serving it on the secretary, local manager or other principal o fficer of the corporation or \r\nby registered post letter addressed to the chief officer of the corporation in 6[Pakistan]. In such case \r\nthe service shall be deemed to have been effected when the letter would arrive in ordinary course of \r\npost. \r\n70. Service whe n person summoned cannot be found.  Where the person summoned \r\ncannot by the exercise of due diligence be found, the summons may be served by leaving one of the \r\nduplicates for him with some adult male member of his family, 7[* * *], and the person with whom \r\nthe summons is so left shall, 5[* * *] sign a receipt therefore on the back of the other duplicate. \r\n71. Procedure when service cannot be effected as before provided.  If service in the \r\nmanner mentioned in sections 69 and 70 cannot b y the exercise of due diligence be effected, the \r\nserving officer shall affix one of the duplicates of the summons to some conspicuous part of the \r\nhouse or homestead in which the person summoned ordinarily resides; and thereupon the summons \r\nshall be deemed to have been duly served. \r\n72. 8[Service on servant of State, Statutory Body or Company.]__(1) Where the person \r\nsummoned is in the active service  of the 9[State] or of a 10[11[a]statutory body or a company], the  \r\nCourt issuing the summons shall ordinarily send it in duplicate to the head of the  office  in  which  \r\nsuch person is employed; and such head shall thereupon cause the summons to be served in manner \r\nprovided by section 69, and shall return it to the Court under his signature with the endorsement \r\nrequired by that section. \r\n(2) Such signature shall be evidence of due service. \r\n \r\n73. Service of summons outside local limits.  When a Court desires that a summons \r\nissued by it sha ll be served at any place outside the local limits of its jurisdiction, it shall ordinarily \r\nsend such summons in  duplicate to a Magistrate within the local limits of whose jurisdiction the \r\nperson summoned resides or is, to be there served. \r\n1Subs. by A.O., 1937, for “L.G.”. \r\n2Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch., for “fullstop”. \r\n3Proviso added ibid. \r\n4Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch. \r\n5The words “if so required by the serving officer” omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n6Subs. by the Central Laws (St atue Reform) Ordinance, 1960 (XXI  of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “the \r\nProvinces and the Capital of the Federation”. \r\n7The words and commas “or, in a presidency­towns, with his servant residing with him” rep. by the Federal Laws (Revision and Declaration) Act, 1951 \r\n(XXVI of 1951), s.3 and II Sch. \r\n8Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch., for “Service on servant of State or of Railway Company”. \r\n9Subs. by the Central Laws (Adaptation) Order, 1961 (P. O. No. 1 of 1961), Art. 2 and Sch. (with effect from the 23rd March, 1956), for “Crown”. \r\n10Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch., for “Railway Company”. \r\n11Sic. “a” is superfluous. \r\n \r\nPage 48 of 307 \r\n \r\n74. Proof of service in such cases and when serving 1[person] not present. __(1) When \r\na summons issued by a Court is served outside the local limits of its jurisdiction, and in any case \r\nwhere  the  1[person] who has served a summons is not present at the hearing of the case, an \r\naffidavit, purporting to be  made  before a Magistrate , that such summons has been served, and a \r\nduplicate of the summons purporting to be endorsed (in manner provided by section 69 and section \r\n70) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible \r\nin evidence, an d the statements made therein shall be deemed to be correct unless and until the \r\ncontrary is proved. \r\n(2) The affidavit mentioned in this section may be attached to the duplicate of the \r\nsummons and returned to the Court. \r\nB.__ Warrant of Arrest \r\n75. Form of warrant of arrest.__(1) Every Warrant of arrest issued by a Court  under this \r\nCode  shall be in writing, signed by the presiding officer, or in the case of a Bench of Magistrates, by \r\nany member of such Bench; and shall bear the seal of the Court. \r\n(2) Continuance of warrant of arrest . Every such warrant shall remain in force until it \r\nis cancelled by the Court which issued it, or until it is executed. \r\n76. Court may direct security to be taken. __(1) Any Court issuing a warrant for the \r\narrest of any person may in its discretion direct by endorsement on the warrant that, if such person \r\nexecutes a bond with sufficient sureties for his attendance before the Court at a specified time and \r\nthereafter until otherwise directed by the Court, the officer to whom the warra nt is directed shall take \r\nsuch security and shall release such person from custody. \r\n(2) The endorsement shall state__ \r\n(a) the number of sureties; \r\n(b) the amount in which they and the person for whose arrest the warrant is \r\nissued, are to be respectively bound; and \r\n(c) the time at which he is to attend before the Court. \r\n(3) Recognizance to be forwarded. Whenever security is taken under this section the \r\nofficer to whom the warrant is directed shall forward the bond to the Court. \r\n77. Warrants to whom directed. __ (1) A warrant of arrest shall ordinarily be directed to \r\none or more police­officers, 2[* * * ]; but 3[any Court] issuing such a warrant may, if its immediate \r\nexecution is necessary and no police­officer is immediately available, direct it to any other pe rson or \r\npersons; and such person or persons shall execute the same. \r\n \r\n(2) Warrants to several persons. When a warrant is directed to more officers or persons \r\nthan one, it may be executed by all, or by any one or more, of them. \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch., for “officer”. \r\n2The words and commas “and, when issued by a Presidency Magistrate, shall always be so directed” omitted by Adaptation of Central Acts and \r\nOrdinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch. \r\n3Subs ibid., for “any other Court”. \r\n \r\nPage 49 of 307 \r\n \r\n78. Warrant may be directed to land­holders, etc. __ (1) A 1[Magistrate of the first \r\nclass] Magistrate may direct a warrant to any landholder, farmer or manager of land within his \r\ndistrict or sub­division for the arrest of any escaped convict, proclaimed offender or person who has \r\nbeen accused of a non­bailable offence, and who has eluded pursuit. \r\n(2) Such landholder, farmer or manager shall acknowledge in writing the receipt of the \r\nwarrant, and shall execute it if  the person for whose arrest it was issued, is in, or enters on, his land \r\nor farm, or the land under his charge. \r\n(3) When the person against whom such warrant is issued is arrested, he shall be made \r\nover with the warrant to the nearest police­officer, who shall cause him to be taken before a \r\nMagistrate having jurisdiction in the case, unless security is taken under section 76. \r\n79. Warrant directed to police­officer.  A warrant directed to any police­officer may \r\nalso be executed by any other police­officer wh ose name is endorsed upon the warrant by the officer \r\nto whom it is directed or endorsed. \r\n80. Notification of substance of warrant.  The police­officer or other person executing a \r\nwarrant of arrest shall notify the substance thereof to the person to be arres ted, and, if so required, \r\nshall show him the warrant. \r\n81. Person arrested to be brought before Court without delay.  The police­officer or \r\nother person executing a warrant of arrest shall (subject to the provisions of section 76 as to security) \r\nwithout unnecessary delay bring the person arrested before the Court before which he is required by \r\nlaw to produce such person. \r\n82. Where warrant may be executed.  A warrant of arrest may be executed at any place \r\nin 2[Pakistan].  \r\n3[Explanation.__   In this section, “warrant  of arrest ”  includes a  warrant  of arrest  issued \r\nunder this Code as in force in Azad Jammu and Kashmir.] \r\n83. Warrant forwarded for execution outside jurisdiction .__ (1) When a warrant is to \r\nbe executed outside the local limits of the jurisdiction of the Court issuing the same, such Court may, \r\ninstead of directing such warrant to a police­officer, forward the same by post or otherwise to any \r\nMagistrate or District Superintendent of Police 4[* * * ] within  the  local limits  of whose  \r\njurisdiction  it  is to be executed. \r\n(2) The Magistrate or District Superintendent 5[* * ] to whom such warrant is so \r\nforwarded shall endorse his name thereon and, if practicable, cause it to be executed in manner \r\nhereinbefore provided within the local limits of his jurisdiction. \r\n84. Warrant directed to police­officer for execution outside jurisdiction .__ (1) When  \r\na warrant directed to a police­officer is to be  executed beyond the  local limits  of the  jurisdiction  \r\nof  the Court issuing the same, he shall ordinarily  take  it  for  endorsement  either to a Magistrate or \r\nto a \r\n \r\n1Subs. by Ord. No. XXXVII of 2001, s.23. \r\n2Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (XXI of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “the \r\nProvinces and the Capital of the Federation”. \r\n3Added by Act No. VIII of 1993, s.3, (w.e.f. 20­11­93, SRO­1106(1)/93, dated 16­11­93). \r\n4The words “or the Commissioner of Police in a Presidency­town” omitted by Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of \r\n1949), Art. 3 and Sch. \r\n5The word “or Commissioner” omitted ibid. \r\n \r\nPage 50 of 307 \r\n \r\npolice­officer not below the rank of an officer in charge of a station, within the local limits of whose \r\njurisdiction the warrant is to be executed. \r\n(2) Such Magis trate or police­officer shall endorse his name thereon and such \r\nendorsement shall be sufficient authority to the police­officer to whom the warrant is directed to \r\nexecute the same within such limits, and the local police shall, if so required, assist such officer in \r\nexecuting such warrant. \r\n(3) Whenever there is reason to believe that the delay occasioned by obtaining the \r\nendorsement of the Magistrate or police­officer within the local limits of whose jurisdiction the \r\nwarrant is to be executed, will prevent such execution, the police­officer to whom it is directed may \r\nexecute the same without such endorsement in any place beyond the local limits of the jurisdiction of \r\nthe Court which issued it. \r\n1[* * * * * * *] \r\n85. Procedure on arrest of person against whom warrant issued.  When a warrant of \r\narrest is executed outside the district in which it was issued, the person arrested shall, unless the \r\nCourt which issued the warrant is within twenty miles of the place of arrest or is nearer than the \r\nMagistrate or District Superintendent of Police 2[* * *] within the local limits of whose jurisdiction \r\nthe arrest was made, or unless security is taken under section 76, be taken before such Magistrate 3[* \r\n*] or District Superintendent. \r\n86. Procedure by Magistrate before whom  person arrested is brought. __ (1) Such \r\nMagistrate or  District Superintendent 3[* *] shall, if the person arrested appears to be the person \r\nintended by the  Court  which issued the warrant, direct his removal in custody to such Court: \r\nProvided that, if the offence is bailable, and such person is ready and willing to give bail to  \r\nthe  satisfaction of such Magistrate, District Superintendent 3[* *], or a direction has been endorsed \r\nunder section 76 on the warrant and such person is ready  and willing to give the security required by \r\nsuch direction, the Magistrate, District Superintendent 3[* *] shall take such bail or security, as the \r\ncase may be, and forward the bond to the Court which issued the warrant 4[:] \r\n5[Provided further that, if t he offence is not bailable or no direction has been endorsed under \r\nsection 76  on the warrant, the Sessions Judge of the Sessions division in  which the  person is \r\narrested may,  subject  to  the provisions of section 497 and for sufficient reasons, release  the  person \r\non an interim bail on such bond  or security as the Sessions Judge thinks fit and direct the person to \r\nappear by a specified date before  the  Court which issued the warrant and forward the bond to that \r\nCourt.] \r\n(2) Nothing in this section shall be deemed to prevent a police­officer from taking security \r\nunder section 76. \r\n6[86A. Procedure for removal in custody to Tribal Area.  Where a person arrested under \r\nsection 85 is to be removed in custody to any place in the Tribal Areas, he shall be produced before a \r\nMagistrate within the local limits of whose jurisdiction the arrest was made, and such Magistrate in  \r\n \r\n1Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch. \r\n2The words “or the Commissioner of Police in a Presidency­town” omitted ibid. \r\n3The word “or Commissioner” omitted ibid. \r\n4Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch., for full­stop. \r\n5Proviso added ibid. \r\n6Ins. ibid. \r\n \r\nPage 51 of 307 \r\n \r\ndirecting the removal shall hear the case in the same manner and have the same jurisdiction and \r\npowers, as nearly as may be, including the power to order the production of evidence, as if the \r\nperson arrested were charged wit h an offence committed within the jurisdiction of such Magistrate; \r\nand such Magistrate shall direct the removal of the arrested person in custody if he is satisfied that \r\nthe evidence produced before him raises a strong or probable presumption that the pers on arrested \r\ncommitted the offence mentioned in the warrant.] \r\nC.—Proclamation and Attachment \r\n87. Proclamation for person absconding .__(1) If any Court 1[is satisfied after taking \r\nevidence] that any person against whom a warrant has been issued by it has abs conded or is \r\nconcealing himself so that such warrant cannot be executed, such Court may publish a written \r\nproclamation requiring him to appear at a specified place and at a specified time not less than thirty \r\ndays from the date of publishing  such  proclamation. \r\n(2) The proclamation shall be published as follows:__ \r\n(a) it shall be publicly read in some conspicuous place of the town or village in \r\nwhich such person ordinarily resides ; \r\n(b) it shall be affixed to some conspicuous part of the house or homestead  in \r\nwhich such person ordinarily resides or to some conspicuous place of such \r\ntown or village; and \r\n(c) a copy thereof shall be affixed to some conspicuous part of the Court­house. \r\n(3) A statement in writing by the Court issuing the proclamation to the effect that the \r\nproclamation was duly published on a specified day shall be conclusive evidence that the \r\nrequirements of this section have been complied with,  and that the proclamation was published on \r\nsuch day. \r\n88. Attachment of property of person abscond ing.__(1) The Court issuing a \r\nproclamation under section 87 may at any time order the attachment of any property, mov eable or \r\nimmovable, or both, belonging to the proclaimed person. \r\n(2) Such order shall authorize the attachment of any property belonging to  such person \r\nwithin the district in which it is made; and it shall authorize the attachment of any property belonging \r\nto such person without such district when endorsed by the 2[Sessions Judge] 3[* * * ] within whose \r\ndistrict such property is situate. \r\n(3) If the property ordered to be attached is a debt or other mov eable property, the \r\nattachment under this section shall be made— \r\n(a) by seizure; or \r\n(b) by the appointment of a receiver; or \r\n(c) by an order in writing prohibiting the delivery of such property t o the \r\nproclaimed person or to any one on his behalf; or \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch., for “has reason to believe (whether after taking evidence or not)”. \r\n2Subs. by Ord. No. XXXVII of 2001, s. 24. \r\n3The words “or Chief Presidency Magistrate” omitted by Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and \r\nSch. \r\n \r\nPage 52 of 307 \r\n \r\n(d) by all or any two of such methods, as the Court thinks fit. \r\n(4) If the property ordered to be attached is immov eable, the attachment under this \r\nsection shall, in the case of land paying revenue to 1[the Provincial Government], be made through \r\nthe 2[District Officer (Revenue)] in which the land is situate, and in all other cases__ \r\n(e) by taking possession ; or \r\n(f) by the appointment of a receiver; or \r\n(g) by an order in writing prohibiting the payment of rent or delivery of property \r\nto the proclaimed person or to any one on his behalf; or \r\n(h) by all or any two of such methods, as the Court thinks fit. \r\n(5) If the property or dered to be attached consists of live­stock or is of a perishable \r\nnature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the \r\nproceeds of the sale shall abide the order of the Court. \r\n(6) The powers, duties and liabi lities of a receiver appointed under this section shall be \r\nthe same as those of a receiver appointed under 3[Order XL of the Code of Civil Procedure, \r\n1908]4[(Act No. V of 1908)]. \r\n5[(6A) If any claim is preferred to, or objection made to the attachment of, any property \r\nattached under this section within six months from the date of such attachment, by any person other \r\nthan the proclaimed person, on the ground that the claimant or objector has an interest in such \r\nproperty, and that such interest is not liable to attachment under this section, the claim or objection \r\nshall be inquired into, and may be allowed or disallowed in whole or in part: \r\nProvided that any claim preferred or objection made within the period allowed by this \r\nsub­section may, in the event of th e death of the claimant or objector, be continued by his legal \r\nrepresentative. \r\n(6B) Claims or objections under sub­section (6A) may be preferred or made in the Court by \r\nwhich the order of attachment is issued or, if the claim or objection is in respect of property attached \r\nunder an order endorsed by a 2[Sessions Judge] 6[* * * ] in accordance with the provisions of \r\nsub­section (2), in the Court of such Magistrate. \r\n(6C) Every such claim or objection shall be inquired into by the Court 2[or Magistrate] in \r\nwhich it is preferred or made 2[.] \r\n2[* * * * * * *] \r\n(6D) Any person whose claim or objection has been disallowed in whole or in part by an \r\norder under sub­section (6A) may, within a period of one year from the date of such order, institute a \r\nsuit to establish the right which he claims in respect of the property in dispute; but subject to the \r\nresult of such suit, if any, the order shall be conclusive. \r\n \r\n1Subs. by A.O., 1937 for “Govt.”. \r\n2Subs. Ins. and Omitted by Ord. No. XXXVII of 2001, s. 24. \r\n3Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch., for “Chapter XXXVI of the Code of Civil Procedure”. \r\n4Subs. ibid., item 191, for “XIV of 1882”. \r\n5Ins. by Act No. XVIII of 1923, s. 13. \r\n6The words “or Chief Presidency Magistrate” omitted by Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and \r\nSch. \r\n \r\nPage 53 of 307 \r\n \r\n(6E) If the proclaimed person appears within the time specified in the proclamation, the \r\nCourt shall make an order releasing the property from the attachment.] \r\n(7) If the proclaimed person does not appear within the time specified in the \r\nproclamation, the property under attachment shall be at the disposal of 1[the Provincial Government], \r\nbut it shall not be sold until the expiration of six months from the date of the  attachment 2[and until \r\nany claim preferred or objection made under sub­section (6A) has been disposed of under that \r\nsub­section], unless i t is subject  to speedy and  natural decay, or the Court considers that the sale \r\nwould be for the benefit of the owne r, in either of which cases the Court may cause it to be sold \r\nwhenever it thinks fit. \r\n89. Restoration of attached property.  If, within two years from the  date  of the  \r\nattachment,  any person whose property is or has been at the disposal of 1[the Provinci al \r\nGovernment], under sub­section (7) of section 88, appears voluntarily or  is  apprehended and \r\nbrought before  the  Court  by whose order the property was attached, or the Court to which such \r\nCourt is subordinate, and proves to the satisfaction of such C ourt that he  did  not abscond or  \r\nconceal himself for  the  purpose of avoiding execution of the warrant, and that he had not such \r\nnotice of the  proclamation  as to  enable him to attend within the time  specified therein, such \r\nproperty, or,  if the same has been sold,  the nett proceeds of the sale, or, if part only thereof has been \r\nsold, the nett proceeds of the sale and  the residue of the property, shall, after satisfying thereout all \r\ncosts incurred in consequence of the attachment, be delivered to him. \r\nD.—Other Rules regarding Processes \r\n90. Issue of warrant in lieu of or in addition to summons.  A Court may, in any case in \r\nwhich it is empowered by this Code to issue a summons for the appearance of any person 3[* * * ] \r\nissue, after recording its reasons in writing, a warrant for his arrest— \r\n(a) if, either before the issue of such summons, or after the issue of the same but \r\nbefore the time fixed for his appearance, the Court sees reasons to believe that \r\nhe has absconded or will not obey the summons; or \r\n(b) if at such time he fails to appear and the summons is proved to have been duly \r\nserved in time to admit of his appearing in accordance therewith and no \r\nreasonable excuse is offered for such failure. \r\n91. Power to take bon d for appearance.  When any person for whose appearance or \r\narrest the officer presiding in any Court is empowered to issue a summons or warrant, is present in \r\nsuch Court, such officer may require such person to execute a bond, with or without sureties, for his \r\nappearance in such Court. \r\n92. Arrest by breach of bond for appearance.  When any person who is bound by any \r\nbond taken under this Code to appear before a Court, does not so appear, the officer presiding in such \r\nCourt may issue a warrant directing that such person be arrested and produced before him. \r\n93. Provisions of this Chapter generally applicable to summonses and warrants of \r\narrest. The provisions contained in this Chapter relating to a summons and warrant, and their issue, \r\nservice and execution, sha ll, so far as may be, apply to every summons and every warrant of arrest \r\nissued under this Code. \r\n \r\n1Subs. by A.O., 1937, for “Govt.”. \r\n2Ins. by Act No. XVIII of 1923, s. 13. \r\n3The words “other than a juror or assessor” omitted by the Law Reform Ordinance, 1972 (XII of 1972) s. 2 and Sch. \r\n \r\nPage 54 of 307 \r\n \r\n1[E. — Special Rules regarding processes issued for service or execution outside 2[Pakistan] \r\nand processes received from outside 2[Pakistan] for service or execution within 2[Pakistan]. \r\n193A. Sending of summons for service outside Pakistan.__ (1) Where a Court in 2[Pakistan] \r\ndesires that a summons issued by it to an accused person shall be served at any place outside \r\n2[Pakistan] within the local limits of the jurisdiction of a Court established or continued by the \r\nauthority of the 3[Federal Government] 4[in exercise of its foreign jurisdiction], it shall send such \r\nsummons, in duplicate, by post or otherwise, to the presiding officer of that Court to be served. \r\n(2) The provisions of section 74 shall apply in the case of a summons sent for service \r\nunder this section as if the presiding officer of the Court to whom it was sent were a Magistrate in \r\n2[Pakistan]. \r\n193B. Sending  of warrants for execution outside Pakistan.  Notwithstanding anything \r\ncontained in section 82, where a Court in 2[Pakistan] desires that a warrant issued by it for the arrest \r\nof an accused person shall be executed at any place outside 2[Pakistan] within the local limits of the \r\njurisdiction of a Court established or continued by the authority of the 3[Federal Government] 4[in \r\nexercise of its foreign jurisdiction], it may send such warrant, by post or otherwise, to the presiding \r\nofficer of that Court to be executed. \r\n193C. Service and execution in Pakistan of processes received from outside Pakistan. __ \r\n(1) Where a Court has received for  service  or execution a summons to, or a warrant for  the arrest \r\nof,   an accused person issued by a Court established or con tinued by the authority of the 3[Federal \r\nGovernment] 4[in exercise of its foreign jurisdiction],  outside  2[Pakistan], it shall cause the same to  \r\nbe served or executed as if it were a summons or warrant received by it from a Court in 2[Pakistan]  \r\nfor service or execution within the local limits of its jurisdiction. \r\n(2) Where any warrant of arrest has been so exec uted the person arrested shall so far as  \r\npossible be dealt with in accordance with the procedure prescribed by sections 85 and 86.] \r\nCHAPTER VII \r\nOF PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS AND OTHER \r\nMOVEABLE PROPERTY, AND FOR THE DISCOVERY OF PERSONS WRONGFULLY \r\nCONFINED. \r\nA.__Summons to produce \r\n94. Summons to produce document or other thing. __ (1) Whenever any Court, or 5[* * \r\n*], any officer in charge of a police­station considers that the production of any document or other \r\nthing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding \r\nunder  this Code  by  or before such Court or officer, such Court  may issue a summons, or such \r\nofficer a written order, to the person  in whose possession or power such document or thing is \r\nbelieved to be, requiring him to attend and produce  it, or to produce it, at the time and place stated in \r\nthe summons or order [:]6 \r\n \r\n1Heading E and sections 93A to 93C ins. by Act No. XIV of 1941, s. 2. \r\n2Subs. by the Central Laws (Statue Reform) Ord inance, 1960 (XXI of 1960), s. 3 and 2nd Sch. ( with effect from the 14th October, 1955 ), for “the \r\nProvinces and the Capital of the Federation”. \r\n3Subs. by Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table, for “Central Government”. \r\n4Subs. by the Central Laws (Adaptation) Order, 1961(P. O. No. 1 of 1961), Art. 2 and Sch. (with effect from the 23rd March, 1956), for “in any part of \r\nPakistan”. \r\n5The words “in any place beyond the limits of the towns of Calc utta and Bombay” omitted by Adaptation of Central Acts and Ordinances Order , 1949 \r\n(Order No. 4 of 1949), Art. 3 and Sch. \r\n6Subs. by Act No. III of 1968, s. 2, for full­stop (w.e.f. 21­5­68). \r\n \r\nPage 55 of 307 \r\n \r\n1[Provided that no such officer shall issue any such order requiring the production of any \r\ndocument or other thing which is in the custody of a bank or b anker as defined in the Bankers’  \r\nBooks Evidence Act , 1891 ( XVIII of 1891 ), and relates, or might disclose any information which \r\nrelates, to the bank account of any person except,__ \r\n(a) for the purpose of investigating an offence under sections 403, 406, 408 and \r\n409 and sections 421 to 424 (both inclusive) and sections 465 to 477A (both \r\ninclusive) of the Pakistan Penal Code, with the prior permission in writing of a \r\nSessions Judge ; and \r\n(b) in other cases, with the prior permission in writing of the High Court.] \r\n(2) Any person required under this section merely to produce a document or other thing \r\nshall be deemed to have complied with the requisition if he causes such document or thing to be \r\nproduced instead of attending personally to produce the same. \r\n(3) Nothing in this section shall be deemed to affect the Evidence Act, 1872 (I of 1872), \r\nsections 123 and 124, or to apply to a letter, postcard, telegram or other document or any parcel or \r\nthing in the custody of the Postal or Telegraph authorities. \r\n95. Procedure as to letters and telegrams.__ (1) If any document, parcel or thing in such \r\ncustody is,  in the opinion of any 2[*] Magistrate, 3[* * * ], High Court or Court of Session, wanted \r\nfor the purpose of any investigation, in quiry, trial or other proceeding under this Code, such \r\nMagistrate or Court may require the Postal or Telegraph authorities, as the case may be, to deliver \r\nsuch document, parcel or thing to such person  as such Magistrate or Court directs. \r\n(2) If any such document, parcel or thing is, in the opinion of any other Magistrate, 4[* * \r\n*] or District Superintendent of Police, wanted for any such purpose, he may require the Postal or \r\nTelegraph Department, as the case may be, to cause search to be made for and to detain such \r\ndocument, parcel or thing pending the orders of any such 2[* * *] Court. \r\nB.—Search­warrants \r\n96. When search­warrant may be issued .__ (1) Where any Court has reason to believe \r\nthat a person to whom a summons or order under section 94 or a requisition under section 95, \r\nsub­section (1), has been or might be addressed, will not or would not produce the document or thing \r\nas required by such summons or requisition, \r\nor where such document or thing is not known to the Court to be in the posse ssion of any \r\nperson, \r\nor where the Court considers that the purposes of any inquiry, trial or other proceeding under \r\nthis Code will be served by a general search or inspection, \r\nit may issue a search­warrant; and the person to whom such warrant is directed, may search \r\nor inspect in accordance therewith and the provision hereinafter contained. \r\n(2) 2[* * * * * * *] \r\n \r\n1Proviso added by Act No. III of 1968, s. 2 (w.e.f. 21­5­68). \r\n2Omitted by Ord. No. XXXVII of 2001, s. 25-27. \r\n3The words “Chief Presidency Magistrate” omitted by Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch. \r\n4The words “or of any Commissioner of Police” omitted ibid. \r\n  \r\n \r\nPage 56 of 307 \r\n \r\n97. Power to restrict warrant.  The Court may, if it thinks fit, specify in the  warrant the \r\nparticular place or part thereof to which only the search or inspection shall extend; and the person \r\ncharged with the execution of such warrant shall then search or inspect only the place or part so specified. \r\n98. Search of house suspected to contain stolen property, forged documents, etc. __ (1) If \r\na 1[* * * 2[* *] 1[*]] Magistrate of the first class, upon information and after such inquiry as he thinks \r\nnecessary, has reason to believe that any place is used for the deposit or sale of stolen property, \r\nor for the deposit or sale or manufacture of forged documents, false seals or counterfeit stamps 3[, \r\nbank notes, currency notes or coin or instruments or materials for counterfeiting coin, stamps, bank notes \r\nor currency notes] or for forging, \r\nor that any forged documents, false seals or counterfeit stamps 3[bank notes, currency notes or \r\ncoins or instruments or materials for counterfeiting coin, stamps, bank notes or currency notes] or for \r\nforging, are kept or deposited in any place, \r\n4[or 5[* * * ] for the deposit, sale, manufacture or production of any obscene object such as is \r\nreferred to in section 292 of the Pakistan Penal Code (XLV of 1860) or that any such obscene objects are \r\nkept or deposited in any place ;] \r\nhe may by his warrant authorize any police­officer above the rank of a constable__ \r\n(a) to enter, with such assistance as may be required, such place, and \r\n(b) to search the same in manner specified in the warrant, and \r\n(c) to take possession of any property, document s, seals, stamps 6[, bank notes, \r\ncurrency notes] or coins therein found which he reasonably suspects to be stolen, \r\nunlawfully obtained, forged, false or counterfeit, and also of any such instruments \r\nand materials 4[or of any such obscene objects] as aforesaid, and \r\n(d) to convey such property, documents, seals, stamps, 6[bank notes, currency notes,] \r\ncoins, instruments or materials 4[or such obscene objects] before a Magistrate, or \r\nto guard the same on the spot until the offender is taken before a Magistrate, or \r\notherwise to dispose thereof in some place of safety, and \r\n(e) to take into custody and carry before a Magistrate every person found in such \r\nplace who appears to have been privy to the deposit, sale or manufacture or \r\nkeeping of any such property, documents, seals, stamps, 6[, stamps*, bank notes or \r\ncurrency notes,] coins, instruments or materials 4[or such obscene objects] \r\nknowing or having reasonable cause to suspect the said property to have  been \r\nstolen or otherwise unlawfully obtained, or the said documents, seals, stamps, \r\ncoins, instruments or  materials  to  have been forged, falsified  or counterfeited, \r\nor the  said instruments   or  materials  to  have  been  or  to  be  intended  to  be  \r\nused  for \r\n \r\n \r\n \r\n \r\n \r\n1Omitted. by Ord. No. XXXVII of 2001, ss. 25­27. \r\n2The words “Presidency Magistrate” omitted, Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch.  \r\n3Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2. and Sch., for “or coin, or instruments or materials for counterfeiting coin or stamps”. \r\n4Ins. by the Obscene Publications Act, 1925 (VIII of 1925), s. 3. \r\n5The commas and words “, if a District Magistrate, or a Sub­divisional Magistrate, upon information and after such inquiry as he thinks necessary, has \r\nreason to believe that any place is used” omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2. and Sch.  \r\n6Ins. ibid.  \r\n*SIC. “stamps” is superfluous. \r\n \r\nPage 57 of 307 \r\n \r\ncounterfeiting coin 1[, stamps, bank notes or currency notes] or for forging 2[or the said obscene \r\nobjects to have been or to be intended to be sold, let to hire, distributed, publicly exhibited, \r\ncirculated, imported or exported]. \r\n(2) The provisions of this section with respect to__ \r\n(a) counterfeit coin, \r\n(b) coin suspected to be counterfeit, and \r\n(c) instruments or materials fo r counterfeiting coin, shall, so far as they can be \r\nmade applicable, apply respectively to__ \r\n(a) pieces of metal made in contravention of the Metal Tokens Act,1889 (I \r\nof 1889), or brought into 3[Pakistan] in contravention of any \r\nnotification for the time b eing in force under 4[section 16 of the \r\nCustoms Act, 1969]5[(IV of 1969)], \r\n(b) pieces of metal suspected to have been so made or to have been so \r\nbrought into 3[Pakistan] or to be intended to be issued in contravention \r\nof the former of those Acts, and \r\n(c) instruments or materials for making pieces of metal in contravention of \r\nthat Act. \r\n99. Disposal of things found in search beyond jurisdiction. When, in the execution of a \r\nsearch­warrant at any place beyond the local limits of the jurisdiction of the Court w hich issued the \r\nsame, any of the things for  which search is  made, are found, such things,  together with the list  of   \r\nthe same prepared under the provisions hereinafter contained, shall be immediately taken before the \r\nCourt issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction  therein  \r\nthan to such Court, in which case the list and things shall be immediately taken before such \r\nMagistrate; and, unless there be good cause to the contrary, such Magistrate shall make an ord er \r\nauthorizing them to be taken to such Court. \r\n6[99A. Power to declare certain publications forfeited and to issue search­warrants for  \r\nthe same.__ (1) Where__ \r\n(a) any newspaper, or book as defined in the 7[8[***]West Pakistan Press and \r\nPublications Ordinance, 1963, or any other law relating to press and \r\npublications for the time being in force,] or \r\n(b) any document, \r\n \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n2Ins. by the Obscene Publication Act, 1925 (VIII of 1925), s. 3. \r\n3Subs. by the Central Laws (St atue Reform) Ordinance, 1960 (XXI  of 1960), s. 3 and 2nd Sch. ( with effect from the 14th October, 1955 ), for “the \r\nProvinces and the Capital of the Federation”. \r\n4Subs. by the Legal Reforms (Amdt.) Act, 1976 (XXI of 1976), s. 2 and Sch. \r\n5Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch., item 192. \r\n6Ins. by the Press Law Repeal and Amendment Act, 1922 (XIV of 1922), s. 5 and Sch. III. \r\n7Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch, for “Press and Registration of Books Act, 1867”. \r\n8Omitted by the Legal Reforms (Amdt.) Act, 1976 (XXI of 1976), s. 2 and Sch. \r\n \r\n \r\nPage 58 of 307 \r\n \r\nwherever printed, appears to the 1[Provincial Government] to contain any 2[treasonable or] seditious \r\nmatter 3[or any matter which is prejudicial to national integration] 4[or any matter which promotes or \r\nis intended to promote feelings of enmity or hatred between different classes of 5[the citizens of \r\nPakistan]]. 6[or which is deliberately and maliciously intende d to outrage the religious feelings of \r\nany such class by insulting the religion or the religious beliefs of that class], 7[or any matter of the \r\nnature referred to in clause (jj) of sub­section (1) of section 24 of the West Pakistan Press and \r\nPublications O rdinance, 1963,  (W.P.XXX of 1963)] that is to say,  any matter the publication of \r\nwhich is punishable under 2[section 123A or] section 124A 4[or section 153A] 6[or section 295A] \r\n7[or section 298A or section 298B or section 298C]  of  the Pakistan Penal Code (XLV of 1860), the \r\n1[Provincial Government] may, by notification in  the 8[official Gazette], stating the grounds of its \r\nopinion,  declare every copy of the issue of the newspap er containing such matter, and every copy of \r\nsuch book or  other  document to be  forfeited  to 5[Government] ,and thereupon any police­officer \r\nmay seize the same wherever found in  9[Pakistan] and any Magistrate may by warrant authorize any \r\npolice­officer not below the rank of sub­inspector to enter upon and search for the  same  in  any \r\npremises where  any copy of such issue or any such book or other document may be or may be \r\nreasonably suspected to be. \r\n(2) In sub­section (1) “document” includes also any painting, drawing or photograph, or \r\nother visible representation. \r\n99B. Application to High Court to set aside order of forfeiture. __ 10[(1)] Any person \r\nhaving any interest in any newspaper, book or other document,  in  respect of which an order of \r\nforfeiture  has been made under section 99A, 11[or any other law for the time being in force] may, \r\nwithin two months from the date of such order, apply to the High Court to set aside such order on the  \r\nground that the issue of the newspaper, or the book or other d ocument, in respect of which the order \r\nwas made, did not contain any 12[treasonable or] 13[seditious or other matter of such a nature as is \r\nreferred to in sub­section (1) of section 99A]. \r\n14[(2) Nothing in sub­section (1) shall apply to a case where the order of forfeiture has been \r\nmade__ \r\n(a) in respect of a newspaper, book or other document printed outside Pakistan ; \r\nor \r\n(b) in respect of a newspaper, book or other document on the conviction, in \r\nrespect of such newspaper, book or other document, of the au thor or editor \r\nthereof for any of the offences referred to in sub­section (1) of section 99A.] \r\n99C. [Hearing by Special Bench.] Omitted by the Law Reforms Ordinance, 1 972(XII of \r\n1972), s. 2 and Sch. \r\n__________________________________________________________________________________________________________________________________________________________________________________________________ \r\n1Subs. by A.O., 1937, for “L.G.”. \r\n2Ins. by Act No. XIX of 1951, s. 2. \r\n3Ins. by the Criminal Law (Amdt.) Act, 1973 (6 of 1973), s. 3 (w.e.f. 31­1­73). \r\n4Ins. by Act No. XXXVI of 1926, s. 2. \r\n5Subs. by the Central Laws (Adaptation) Order , 1961(P. O. No. 1 of 1961) , Art. 2 and Sch., for “His Majesty’s subjects ” (with effect from the 23rd \r\nMarch, 1956). \r\n6Ins. by the Criminal Law Amendment Act, 1927 (XXV of 1927), s. 3. \r\n7Ins. by the Anti­Islamic Activities of the Qudiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, 1984 (XX of 1984), s.4. \r\n8Subs. by A. O., 1937, for “local official Gazette”.  \r\n9Subs. by t he Central Laws (St atue Reform) Ordinance, 1960 (XXI  of 1960), s. 3 and 2nd Sch. ( with effect from the 14th October, 1955 ), for “the \r\nProvinces and the Capital of the Federation”. \r\n10Re­numbered by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n11Ins. ibid. \r\n12Ins. by Act No. XIX of 1951, s. 3. \r\n13Subs. by Act No. XXXVI of 1926, s. 3.  \r\n14Added the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n  \r\n \r\nPage 59 of 307 \r\n \r\n99D. Order of High Court setting aside forfeiture.__ (1) On receipt of the application, the \r\n1[High Court] shall, if it is not satisfied that the issue of the newspaper, or the book or other \r\ndocument, in respect of which the application has been made, contained 2[treasonable or] 3[seditious \r\nor other matter of  such  a  nature as is] referred to in sub­section (1) of section 99A, set aside the \r\norder of forfeiture. \r\n(2) 4[* * * * * * *] \r\n99E. Evidence to prove nature or tendency of newspapers.  On the hearing of any such \r\napplication with reference to any newspaper, any copy of such newspaper may be given  in evidence \r\nin aid of the proof of the nature or tendency of the words, signs or visible representations contained \r\nin such newspaper, 5[in respect of which the order of forfeiture was made]. \r\n99F. Procedure in High Court.  Every High Court shall, as soon as conveniently may be, \r\nframe rules to regulate the procedure in the case of such applications, the amount of the costs thereof \r\nand the execution of orders passed thereon, and until such rules are framed, the practice of su ch \r\nCourts in proceedings other than suits and appeals shall apply, so far as may be practicable, to such \r\napplications. \r\n99G. Jurisdiction barred.  No order passed or action taken under section 99A shall be \r\ncalled in question in any Court otherwise than in accordance with the provisions of section 99B.] \r\nC.—Discovery of persons wrongfully confined \r\n100. Search for persons wrongfully confined.  If any 6[* *], Magistrate of the first class \r\n7[* * *] has reason to believe that any person is confined under such circum stances that the \r\nconfinement amounts to an offence, he may issue a search­warrant, and the person to whom such \r\nwarrant is directed may search for the person so confined; and such search shall be made in \r\naccordance therewith, and the person, if found, shall  be immediately taken before a Magistrate, who \r\nshall make such order as in the circumstances of the case seems proper. \r\nD.__ General Provisions relating to Searches \r\n101. Direction, etc., of search­warrants. The provisions of sections 43, 75, 77, 79, 82, 83 \r\nand 84 shall, so far as may be, apply, to all search­warrants issued under section 96, section 98, \r\n8[section 99A] or section 100. \r\n102. Persons in charge of closed place to allow search. __ (1) Whenever any place liable \r\nto search or inspection under this Chapter is closed, any person residing in, or being incharge of such \r\nplace shall, on demand of the officer or other  person executing the  warrant,  and on production of \r\nthe warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein. \r\n(2) If ingress into such place cannot be so obtained, the officer or other person executing \r\nthe warrant may proceed in manner provided by section 48. \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n2Ins. by Act No. XIX of 1951, s. 3. \r\n3Subs. by Act No. XXXVI of 1926, s. 4.  \r\n4Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n5Subs. by Act No. XXXVI of 1926, s. 5.  \r\n6Omitted by the Adaptation of Central Acts and Ordinances Order, 1949, Sch. \r\n7Omitted by Ord. No. XXXVII of 2001, s. 28. \r\n8Ins. by the Press Law Repeal and Amendment Act, 1922 (XIV of 1922), s. 5 and Sch. III. \r\n \r\n  \r\n \r\nPage 60 of 307 \r\n \r\n(3) Where any person in or about such place is reasonably suspected of concealing about \r\nhis person any article for which search should be made, such person may be searched.  If such person \r\nis a woman, the directions of section 52 shall be observed. \r\n103. Search to be made in presence of witnesses. __ (1) Before making a search under this \r\nChapter, the officer or other person about to make it shall call upon two or more respectable \r\ninhabitants of the locality in whi ch the place to be searched is situate  to attend and witness the  \r\nsearch 1[and may issue an order in writing to them or any of them so to do]. \r\n(2) The search shall be made in their presence, and a list of all things seized in the course \r\nof such search and of the places in which they are respectively found shall be prepared by such \r\nofficer or othe r person and signed by such witnesses; but no person witnessing a search under this \r\nsection shall be required to attend the Court as a witness of the search unless specially summoned by \r\nit. \r\n(3) Occupant of place searched may attend . The occupant of the place searched, or \r\nsome person in his behalf, shall, in every instance, be permitted to attend during the search, and a \r\ncopy of the list prepared under this section, signed by the said witnesses, shall be delivered to such \r\noccupant or person at his request. \r\n(4) When any person is searched under section 102, sub­section (3), a list of all things \r\ntaken possession of shall be prepared, and a copy thereof shall be delivered to such person at his \r\nrequest. \r\n2[(5) Any person who, without reasonable cause, refuses o r neglects to attend and witness a \r\nsearch under this section, when called upon to do so by an order in writing delivered or tendered to \r\nhim, shall be deemed to have committed an offence under section 187 of the Pakistan Penal Code \r\n(XLV of 1860).] \r\nE.—Miscellaneous \r\n104. Power to impound document, etc., produced.  Any Court may, if it thinks fit, \r\nimpound any document or thing produced before it under this Code. \r\n105. Magistrate may direct search in his presence.  Any Magistrate may direct a search \r\nto be ma de in his presence of any place for the search of which he is competent to issue a \r\nsearch­warrant. \r\nPART IV  \r\nPREVENTION OF OFFENCES \r\nCHAPTER VIII3 \r\nOF SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR. \r\nA.—Security for keeping the Peace on Conviction \r\n106. Security for keeping the peace on conviction. — (1) Whenever any person accused \r\nof  4[any offence punishable under Chapter VIII of the  Pakistan  Penal  Code  (XLV of 1860),  other      \r\n \r\n1Added by Act No. XVIII of 1923, s.14. \r\n2Added ibid. \r\n3Ss. 20 to 26 of the Sind Frontier Regulation, 1892 (3 of 1892), are to be read with and construed as part of this Chapter— see s. 27 of that Regulation  \r\nand s. 3, supra. \r\n4Subs. by Act No. XVIII of 1923, s.15. \r\n \r\nPage 61 of 307 \r\n \r\nthan an offence punishable under section 143, s ection 149, section 153A or section 154 thereof, or \r\nof] assault or other offence involving a breach of the peace, or of abetting the same, 1[* * *] or any \r\nperson accused of committing criminal intimidation, is convicted of such offence before a High \r\nCourt, a Court of Session, or the Court of 2[* * *] 3[* * *] a Magistrate of the first class, \r\nand such Court is of opinion that it is necessary to require such person to execute a bond for \r\nkeeping the peace, \r\nsuch Court may, at the time of passing sentence on such person, order him to execute a bond \r\nfor a sum proportionate to his means, with or without sureties, for keeping the peace during such \r\nperiod, not exceeding three years, as it thinks fit to fix. \r\n(2) If the conviction is set aside on appeal or otherwise, the bond so executed shall \r\nbecome void. \r\n(3) An order under this section may also be made by an Appellate Court 4[or by a Court] \r\nexercising its powers of revision. \r\nB.__ Security for keeping the Peace in other Cases and security for Good Behaviour. \r\n107. Security for keeping the peace in other cases. __ (1) Whenever a 2[* *], 3[Magistrate \r\nof the first class] is informed that any person is likely to commit  a breach  of the peace disturb  the \r\npublic tranquillity or to do any wrongful act that may probably occasion a breach of the peace, or \r\ndisturb the public tranquillity, the Mag istrate 5[if in his opinion there is sufficient ground for \r\nproceeding] may in manner hereinafter provided, require such  person  to  show cause why he should \r\nnot be ordered, to execute a bond, with or without sureties, for keeping the peace for such period  not \r\nexceeding 6[three years] as the Magistrate thinks fit to fix. \r\n(2) Proceedings shall not be taken under this section unless either the person informed \r\nagainst or the place where the breach of the peace or disturbance is apprehended, is within the local  \r\nlimits of such Magistrate’s jurisdiction, and no proceedings shall be taken before any Magistrate , \r\n3[except with the approval of the Sessions Judge], unless both the person informed against and the \r\nplace where the breach of the peace or disturbance is app rehended, are within the local limits of the \r\nMagistrate’s jurisdiction. \r\n(3) Procedure of Magistrate not empowered to act under sub­section (1).  When any \r\nMagistrate not empowered to proceed under sub­section (1) has reason to believe that any person is \r\nlikely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that \r\nmay probably occasion a breach of the peace or disturb the public tranquillity, and that such breach \r\nof the peace or disturbance cannot be prevented otherw ise than by detaining such person in custody,  \r\nsuch  Magistrate  may,  after recording his reasons, issue a warrant for his arrest (if he is not already \r\nin custody or before the Court), and may send him before a Magistrate empowered to deal with the \r\ncase, together with  a copy of  his reasons. \r\n \r\n1Omitted by Act No. XVIII of 1923, s. 15. \r\n2Omitted by by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), s. 3 and Sch. \r\n3Omitted and subs. by Ord. No. XXXVII of 2001, s. 29-30. \r\n4Subs. by the Law Reforms Ordinance, 1972, (XII of 1972) s. 2 and Sch. \r\n5Ins. by Act No. XVIII of 1923, s. 16. \r\n6Subs. by the Law Reforms Ordinance, 1972, (XII of 1972) s. 2 and Sch. \r\n \r\nPage 62 of 307 \r\n \r\n(4) A Magistrate before whom a person is sent under 1[sub­section (3)] may in his \r\ndiscretion detain such person in custody 2[pending further action by himself under this Chapter]. \r\n \r\n108. Security for good behaviour from persons disseminating seditious matter.   \r\nWhenever a 3[* * *] 4[Magistrate of the first class] has information that there is within the limits of \r\nhis jurisdiction any person who, within or without such limits, either orally or in writing 5[or in any \r\nother manner intentionally] disseminates or attempts to disseminate, or in anywise abets the \r\ndissemination of,— \r\n(a) any seditious matter, that is to say, any matter the publication of which is \r\npunishable under 6[section 123A or] section 124A of the Pakistan Penal Code  \r\n*(XLV of 1860), or \r\n(b) any matter the publication of whi ch is punishable under section 153A of the \r\nPakistan Penal Code *(XLV of 1860), or \r\n(c) any matter concerning a Judge which amounts to criminal intimidation or \r\ndefamation under the Pakistan Penal Code *(XLV of 1860), \r\nsuch Magistrate, 5[if in his opinion there is sufficient ground for proceeding] may (in manner \r\nhereinafter provided) require such person to show cause why he should not be ordered to execute a \r\nbond, with or without sureties, for his good behaviour for such period, not exceeding one year, as     \r\nthe Magistrate thinks fit to fix. \r\nNo proceedings shall be taken under this section against the editor, proprietor, printer or \r\npublisher of any publication registered under, 7[and edited, printed and published] in conformity with \r\n8[, the provisions of  9[***] the West Pakistan Press and Publications Ordinance, 1963, or any other \r\nlaw relating to press and publications for the time being in force] 5[with reference to any matters \r\ncontained in such publication] except by the order or under the authority of 10[* * *] the 11[Provincial \r\nGovernment] or some officer empowered 12[by the Provincial Government] in this behalf. \r\n109. Security for good behaviour from vagrants and suspected persons.  Whenever a \r\n13[* *] 4[Magistrate of the First Class receives] information__ \r\n(a) that any person is taking precautions to conceal his presence within the local \r\nlimits of such Magistrate’s jurisdiction, and that there is reason to believe that \r\nsuch person is taking such precautions with a view to committing any offence, \r\nor \r\n(b) that there is within such limits a person  who  has  no  ostensible  means   of \r\nsubsistence,  or  who  cannot   give   a   satisfactory  account  of  himself,  such \r\n \r\n1Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 16. \r\n2Subs. ibid. \r\n3Omitted by the Adaptation of Central Acts and Ordinances Order, 1949(O. No. 4of 1949), s.3 and Sch. \r\n4Subs. by Ord. No. XXXVII of 2001, s. 31-32. \r\n5Ins. by Act No. XVIII of 1923, s. 17. \r\n6Ins. by Act No. LXXIII of 1950, s. 2. \r\n7Subs. by Act No. XVIII of 1923, s. 17. \r\n8Subs. by the Law Reforms (Amdt.) Ordinance, 1975 (XXIV of 1975), s.2 and Sch. \r\n9Omitted by the Legal Reforms (Amdt.) Act, 1976 (XXI of 1976), s.2 and Sch. Item (8). \r\n10The words “the G.G. in C., or” rep. by A.O., 1937. \r\n11Subs. by A.O., 1937, for “L.G”. \r\n12Subs. ibid., for “by the G.G. in C.”. \r\n13Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4of 1949), s.3 and Sch. \r\n*For further clarity on this provisions, the original source i.e. the Gazette Notification of Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch., \r\nitem 195, may be perused.  \r\n \r\nPage 63 of 307 \r\n \r\nMagistrate may, in manner hereinafter provided, require such person to show cause why he should not be \r\nordered to execute a bond, with sureties, for his go od behaviour for such period, not exceeding 1[three \r\nyears] as the Magistrate thinks fit to fix. \r\n110. Security for good behaviour from habitual offenders.  Whenever a 2[* *], 3[Magistrate \r\nof the first class] receives information that any person within the local limits of his jurisdiction— \r\n(a) is by habit a robber, house­breaker, 4[*] thief 5[or forger,], or \r\n(b) is by habit a receiver of stolen property knowing the same to have been stolen, or \r\n(c) habitually protects or harbours thieves or aids, in the concealment or disposal of \r\nstolen property, or \r\n6[(d)  habitually commits, or attempts to commit, or abets the commission of, the \r\noffence of kidnapping, abduction, extortion, cheating or mischief, or any offence \r\npunishable under Chapter XII of the Pakistan Penal Code (XLV of 1860), or \r\nunder section 489A, section 489B, section 489C or section 489D of that Code, or] \r\n(e) habitually commits, or attempts to commit, or abets the commission  of, offences \r\ninvolving a breach of the peace, or \r\n(f) is so desperate and da ngerous as to render his being at large without security \r\nhazardous to the community, \r\nsuch Magistrate may, in manner hereinafter provided, require such person to show cause why he should \r\nnot be ordered to execute a bond, with sureties, for his good behaviou r for such period, not exceeding \r\nthree years, as the Magistrate thinks fit to fix. \r\n111. [Proviso as to European vagrants.] Rep. by the Criminal Law Amendment Act, 1923  (XII \r\nof 1923), s. 8. \r\n7, 8112. Order to be made.  When a Magistrate acting under section 107, section 108, section 109 \r\nor section 110 deems it necessary to require any person to show cause under such section, he shall make \r\nan order in writing, setting forth the substance of the information received, the  amount of the bond to be \r\nexecuted, the term for which it is to be in force, and the number, character and class of sureties (if any) \r\nrequired. \r\n7, 8113. Procedure in respect of person present in Court. If the person in respect of whom such \r\norder is made is  present in Court, it shall be read over to him or, if he so desires, the substance thereof \r\nshall be explained to him. \r\n8114. Summons or warrant in case of person not so present.  If such person is not present in \r\nCourt, the Magistrate shall issue a summons requiring him to appear, or, when such person is in  custody, \r\na warrant directing the officer in whose custody he is, to bring him before the Court: \r\n1Subs. by the Law Reforms Ordinance, 1972, (XII of 1972) s. 2 and Sch. \r\n2Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), s. 3 and Sch. \r\n3Subs. by Ord. No. XXXVII of 2001, s. 33. \r\n4Rep. by Act No. XVIII of 1923, s.18. \r\n5Ins. ibid. \r\n6Subs. ibid. \r\n7Ss. 112, 113, 115 and 117 do not apply to an enquiry under s. 22 of the Sindh Frontier Regulation, 1892 (3 of 1892), or under s. 42 of the Frontier \r\nCrimes Regulation, 1901 (3 of 1901). \r\n8Ss. 112 to 121 and 123 to 126 and s. 514 apply to all cases requiring security for good behaviour under s. 6 of the Punjab Frontier Crossing Regulation, \r\n1873 (7 of 1873). \r\n \r\nPage 64 of 307 \r\n \r\nProvided that whenever it appears to such Magistrate, upon the report of a police­officer or upon \r\nother information (the substance of which report or information shall be recorded by the Magistrate),  that \r\nthere is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot \r\nbe prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue \r\na warrant for his arrest. \r\n1, 2115. Copy of order under section 112 to accompany summons or warrant. Every summons \r\nor warrant issued under section 114 shall be accompanied by a copy of the order made under section 112, \r\nand such copy shall be delivered by the officer serving or executing such summons or warrant to the \r\nperson served with, or arrested under, the same. \r\n2116. Power to dispense with personal attendance.  The Magistrate may, if he sees sufficient \r\ncause, dispense with the personal attendance of any person called upon to show cause why he should not \r\nbe ordered to execute a bond for keeping the peace, and may permit him to appear by a pleader. \r\n1, 2117. Inquiry as to truth of information.__ (1) When an order under section 112 has been read \r\nor explained under section 113 to a person present in Court, or when any person appears or is brought \r\nbefore a Ma gistrate in compliance with, or in execution of, a summons or warrant, issued under section \r\n114, the Magistrate shall proceed to inquire into the  truth of the  information upon which action has been \r\ntaken, and  to take such further evidence as may appear necessary. \r\n3[(2) Such inquiry shall be made, as nearly as may be practicable, in the manner prescribed in \r\nChapter XX for conducting trials and recording evidence, except that no charge need be framed.] \r\n4[(3) Pending the completion of the inquiry under sub­section (1), the Magistrate, if he considers \r\nthat immediate measures are necessary for the prevention of a breach of the peace or disturbance of the \r\npublic tranquillity or the commission of any offence or for the public safety, may, for reasons to be \r\nrecorded in writing, direct the person in respect of whom the order under section 112 has been made to \r\nexecute a bond, with or without sureties, for keeping the peace or maintaining good behaviour until the \r\nconclusion of the inquiry, and may detain him in c ustody until such bond is executed or, in default of \r\nexecution, until the  inquiry is concluded : \r\nProvided that__ \r\n(a) no person against whom proceedings are not being taken under section 108, \r\nsection 109, or section 110, shall be directed to execute a bond  for maintaining \r\ngood behaviour, and \r\n(b) the conditions of such bond, whether as to the amount thereof or as to the \r\nprovision of sureties or the number thereof or the pecuniary extent of their \r\nliability, shall not be more onerous than those specified in th e order under section \r\n112.] \r\n4[(4)] For the purposes of this section the fact that a person is an habitual offender 4[or is so \r\ndesperate and dangerous as to render his being at large without security hazardous to the community] \r\nmay be proved by evidence of general repute or otherwise. \r\n \r\n \r\n1Ss. 112 to 121 and 123 to 126 and s. 514 apply to all cases requiring security for good behaviour under s. 6 of the Punjab Frontier Crossing Regulation, \r\n1873 (7 of 1873). \r\n2Ss. 112, 113, 115 and 117 do not apply to an enquiry under s. 22 of the Sindh Frontier Regulation, 1892 (3 of 1892), or under s. 42 of the Frontier \r\nCrimes Regulation, 1901 (3 of 1901). \r\n3Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch.  \r\n4Ins. and re-numbered by Act No. XVIII of 1923, s.  19. \r\n  \r\n \r\nPage 65 of 307 \r\n \r\n1[(5)] Where two or more persons have been associated together in the matter under inquiry, \r\nthey may be dealt with in the same or separate inquiries as the Magistrate shall think just. \r\n2118. Order to give security. __ (1) If, upon such inquiry, it is proved that it is necessary for \r\nkeeping the peace or maintaining good behaviour, as the case may be, that the person in respect of \r\nwhom the inquiry is made should execute a bond, with or without sureties the Magistrate shall make \r\nan order accordingly : \r\nProvided— \r\nfirst, that no person shall be ordered to give security of a nature different from, or of an \r\namount larger than, or for a period longer than, that specified in the order made under section 112 : \r\nsecondly, that the amount of every bond shall be fi xed with due regard to the circumstances \r\nof the case and shall not be excessive: \r\nthirdly, that when the person in respect of whom the inquiry is made is a minor, the bond \r\nshall be executed only by his sureties. \r\n2119. Discharge of person informed against. If, on an inquiry under section 117, it is not \r\nproved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, \r\nthat the person in respect of whom the inquiry is made, should execute a bond, the Magistrate shall \r\nmake an entry on the record to that effect, and if such person is in custody only for the purposes of \r\nthe inquiry, shall release him, or, if such person is not in custody, shall discharge him. \r\nC.—Proceedings in all Cases subsequent to Order to furnish Security \r\n2120. Commencement of period for which security is required. __ (1) If any person, in \r\nrespect of whom an order requiring security is made under section 106 or section 118, is, at the  time  \r\nsuch order is made, sentenced to, or undergoing a sentence of, impriso nment the period for which \r\nsuch  security  is  required shall commence on the expiration of such sentence. \r\n(2) In other  cases such period shall commence on the date of such order unless the \r\nMagistrate, for sufficient reason, fixes a later date. \r\n2121. Contents of bond. The bond to be executed by any such person shall bind him to keep \r\nthe peace or to be of good behaviour, as the case may be, and in the latter case the commission or \r\nattempt to commit, or the abetment of, any offence punishable with imprisonmen t, wherever it may \r\nbe committed, is a breach    of the bond. \r\n1[122. Power to reject sureties. __ (1) A Magistrate may refuse to accept any surety offered, \r\nor may reject any surety previously accepted by him or his predecessor under this Chapter on the \r\nground that such surety is an unfit person for the purposes of the bond : \r\nProvided that, before so refusing to accept or rejecting any such surety, he shall either himself \r\nhold an inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to \r\nbe made thereon by a Magistrate subordinate to him. \r\n \r\n \r\n1Re­numbered and subs. by Act No. XVIII of 1923, ss. 19-20. \r\n2Ss. 112 to 121 and 123 to 126 and s. 514 apply to all cases requiring security for good behaviour under s. 6 of the Punjab Frontier Crossing Regulation, \r\n1873 (7 of 1873). \r\n \r\nPage 66 of 307 \r\n \r\n(2) Such Magistrate shall, before holding the inquiry, give reasonable notice to the surety \r\nand to the person by whom the surety was offered and shall , in making the inquiry , record the \r\nsubstance of the evidence adduced before him. \r\n(3) If the Magistrate is satisfied, after considering the evidence so adduced either before \r\nhim or before a Magistrate deputed under sub­section (1), and the report of such Magistrate (if any) \r\nthat the surety is an unfit person for the purposes of the bond, he shall make an order refusing to \r\naccept or rejecting, as the case may be, such surety and recording his reasons for so doing: \r\nProvided that, before making an order rejecting any surety who has previously been accepted, \r\nthe Magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom \r\nthe surety is bound to appear or to be brought before him.] \r\n1123. Imprisonment in default of security.__ (1) If any person ordered to give security under \r\nsection 106 or section 118 does not give such security on or before the date on which the period for \r\nwhich such security is to be given commences, he shall, except in the case next hereinafter \r\nmentioned, be committed to prison, or, if  he is already in prison be detained in prison until such \r\nperiod expires or until within such period he gives the security to the Court or Magistrate who made \r\nthe order requiring it. \r\n(2) Proceedings when to be laid before High Court or Court of Sessions.  When such \r\nperson has been ordered by a Magistrate to give security for a period exceeding one year,  such \r\nMagistrate shall, if such person does not give such security as aforesaid, issue a warrant directing \r\nhim to be detained in prison pending the orders of the Sessions Judge 2[* * *] ;and the proceedings \r\nshall be laid, as soon as conveniently may be, before 3[such Judge]. \r\n(3) 3[The Sessions Judge], after examining such proceedings and requiring from the \r\nMagistrate any further information or evidence which 4[he] thinks necessary, may pass such order on \r\nthe case as 4[he] thinks fit: \r\nProvided that the period (if any) for which any person is imprisoned for failure to give \r\nsecurity shall not exceed three years. \r\n5[(3A) If security has been required in the course o f the same proceedings from two or more \r\npersons in respect of any one of whom the proceedings are referred to the Sessions Judge 6[* * * ] \r\nunder sub­section (2), such reference shall also include the case of any other of such persons who has \r\nbeen  ordered  to  give security, and the provisions of sub­sections (2) and (3) shall, in that event, \r\napply to the case of such other person also, except that the period (if any) for which he may be \r\nimprisoned shall not exceed the period for which he was ordered to give security. \r\n(3B) A Sessions Judge may in his discretion transfer any proceedings laid before him under \r\nsub­section (2) or sub­section (3A) to an Additional Sessions Judge or Assistant Sessions Judge and \r\nupon such transfer, such Additional Sessions Judge or Assistant Sessions Judge may exercise the \r\npowers of a Sessions Judge under this section in respect of such proceedings.] \r\n \r\n1Ss. 112 to 121 and 123 to 126 and s. 514 apply to all cases requiring security for good behaviour under s. 6 of the Punjab Frontier Crossing Regulation, \r\n1873 (7 of 1873). \r\n2Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), s. 3 and Sch. \r\n3Subs. ibid., for “such Court”. \r\n4Subs. ibid., for “ it “. \r\n5Ins. by Act No. XVIII of 1923, s. 21. \r\n6Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Sch. \r\n  \r\n \r\nPage 67 of 307 \r\n \r\n(4) If the security is tendered to the officer in charge of the jail, he shall forthwith refer \r\nthe matter to the Court or Magistrate who made the order, and shall await the orders of such Court or \r\nMagistrate. \r\n(5) Kind of imprisonment.  Imprisonment for failure to give security for keeping the \r\npeace shall be simple. \r\n(6) Imprisonment for failure to give security for good behaviour 1[shall, where the \r\nproceedings have be en taken under section 108 2[* * * ] be simple and, where the proceedings have \r\nbeen taken under 3[section 109 or] section 110], be rigorous or simple as the Court or Magistrate in \r\neach case directs. \r\n4124. Power to release persons imprisoned for failing to g ive security.__ (1) Whenever the \r\n5[Sessions Judge] 6[* * *] is of opinion that any person imprisoned for failing to give security under \r\nthis Chapter 7[* * * ] may be released without hazard to the community or to any other person, he \r\nmay order such person to be discharged. \r\n(2) Whenever any person has been imprisoned for failing to give security under this \r\nChapter, the 8[* * *] 5[Sessions Judge] may (unless the order has been made by some Court superior \r\nto his own) make an order reducing the amount of the security or the number of sureties or the time \r\nfor which security has been required. \r\n9[(3) An order under sub­section (1) may direct the discharge of such person either without \r\nconditions or upon any conditions which such person accepts: \r\nProvided that any condition imposed shall cease to be operative when the period for which \r\nsuch person was ordered to give security has expired.] \r\n10[(4) The 11[Provincial Government] may prescribe the conditions upon which a conditional \r\ndischarge may be made. \r\n(5) If any condition upon which any such person has been discharged is, in the opinion of \r\nthe 5[Sessions Judge] 12[* * * ] by whom the order of discharge was made or of his successor, not \r\nfulfilled, he may cancel the same. \r\n(6) When a conditional order of discharge has bee n cancelled under sub­section (5), such \r\nperson may be arrested by any police­officer without warrant, and shall thereupon be produced \r\nbefore the 5[Sessions Judge] 12[* * *]. \r\n \r\n \r\n1Subs. by Act No. XVIII of 1923, s.21.  \r\n2Rep. by Act No. X of 1926, s.2. \r\n3Ins. ibid. \r\n4Ss. 112 to 121 and 123 to 126 and s. 514 apply to all cases requiring security for good behaviour under s. 6 of the Punjab Frontier Crossing Regulation, \r\n1873 (7 of 1873). \r\n5Subs. by Ord. No. XXXVII of 2001, s. 34. \r\n6Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), s. 3 and Sch. \r\n7Rep. by Act No. XVIII of 1923, s. 22. \r\n8 Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), s. 3 and Sch. \r\n9Subs. by Act No. XVIII of 1923, s. 22. \r\n10Ins. ibid. \r\n11Subs. by A.O., 1937, for “L.G”. \r\n12Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), s. 3 and Sch. \r\n \r\n \r\nPage 68 of 307 \r\n \r\nUnless such person then gives security in accordance with the terms of the original order for \r\nthe unexpired portion of the term for which he was in the first instance committed or ordered to be \r\ndetained (such portion being deemed to be a period equal to th e period between the date of the  \r\nbreach of the conditions of discharge and the date on which, except for such conditional discharge,  \r\nhe would have been entitled to release), the 1[Sessions Judge] 2[* * * ] may remand such person to \r\nprison to undergo such unexpired portion. \r\nA person remanded to prison under this sub­section shall, subject to the provisions of section \r\n122, be released at any time on giving security in accordance with the terms of the original order for \r\nthe unexpired portion aforesaid to the Court or Magistrate by whom such order was made, or to its or \r\nhis successor.] \r\n3125. Power of District Magistrate to cancel any bond for keeping the peace or good \r\nbehaviour. The 4[* * *] 1[Sessions Judge] may at any time, for sufficient reasons to be record ed in \r\nwriting, cancel any bond for keeping the peace or for good behaviour executed under this Chapter by \r\norder of any Court in his district not superior to his Court. \r\n3126. Discharge of sureties.__ (1) Any surety for the peaceable conduct or good behaviour of \r\nanother person may at any time apply to a 5[* *  * ], 1[concerned Magistrate  of the  first class]  to  \r\ncancel any bond executed under this Chapter within the local limits of his jurisdiction. \r\n(2) On such application being made, the Magistrate shall issue his summons or warrant, \r\nas he thinks fit, requiring the person for whom such surety is bound to appear or to be brought before \r\nhim. \r\n6[126A.] 7[When a person for whose appearance a warrant or summons has been issued under \r\nthe proviso to sub­section (3) of section 122 or under section 126, sub­section (2), appears or is \r\nbrought before him, the Magistrate shall cancel the bond executed by such person] and shall order \r\nsuch person to give, for the unexpir ed portion of the term of such bond, fresh security of the same \r\ndescription as the original security. Every such order shall, for the purposes of sections 121, 122, 123 \r\nand 124, be deemed to be an order made under section 106 or section 118, as the case may be. \r\n                             _______ \r\nCHAPTER IX \r\nUNLAWFUL ASSEMBLIES 8[AND MAINTENANCE OF PUBLIC PEACE AND \r\nSECURITY]. \r\n127. Assembly to disperse on command of Magistrate or police­officer. __ (1) Any 9[* * \r\n*] officer in charge of a police -station may command any unlawful assembly, or any assembly of \r\nfive or more persons likely to cause a disturbance of the public peace, to disperse ; and it shall \r\nthereupon be the duty of the members of such assembly to disperse accordingly. \r\n \r\n1Subs. by Ord. No. XXXVII of 2001, s. 34­36. \r\n2Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), s. 3 and Sch. \r\n3Ss. 112 to 121 and 123 to 126 and s. 514 apply to all cases requiring security for good behaviour under s. 6 of the Punjab Frontier Crossing Regulation, \r\n1873 (7 of 1873). \r\n4Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), s. 3 and Sch. \r\n5Omitted, ibid. \r\n6Sub­Section (3) of s. 126 re­numbered as s. 126A by Act No. XVIII of 1923, s. 23. \r\n7Subs. ibid.  \r\n8Added by Ord. No. LXXXI of 2002, s. 2. \r\n9Omitted by Ord. No. XLIII of 2001, ss. 3­4. \r\n \r\n \r\nPage 69 of 307 \r\n \r\n(2) 1[* * * * * * *] \r\n128. Use of civil force to disperse. If, upon being so commanded, any such assembly does \r\nnot disperse, or if, without being so commanded, it conducts itself in such a manner as to show a \r\ndetermination not to disperse, any 2[* * *] officer in charge of a police­station, 3[* * *] , may proceed \r\nto disperse such assembly by force, and may require the assistance of any male person, not being an \r\nofficer 4[, soldier, sailor or airman in 5[the armed forces of Pakistan]] 6[* * * ]7[***], and acting as \r\nsuch, for the  purpose  of dispersing such assembly , and, if necessary, arresting and confining the \r\npersons who form part of it, in order to disperse such assembly or that they may be punished \r\naccording to law 8[:] \r\n8[Provided that for dispersing any assembly, firing shall not be resorted to except under th e \r\nspecific directions of an officer of the police not below the rank of an Assistant Superintendent or \r\nDeputy Superintendent of Police.] \r\n129. Use of military force. If any such assembly cannot be otherwise dispersed, and if it is \r\nnecessary for the public security that it should be dispersed, 8[the police officer of the highest rank \r\nnot below an Assistant Superintendent, or Deputy Superintendent of Police] who is pres ent may \r\ncause it to be dispersed by 9[the armed forces]. \r\n130. Duty of Officer Commanding troops required by Magistrate to disperse \r\nassembly.  10[(1) When 8[a police officer of the highest rank not below an Assistant Superintendent,  \r\nor  Deputy Superintendent, of Police] determines to disperse any such assembly by the armed forces, \r\nhe  may require  any officer thereof in command of any group of persons belonging to the armed \r\nforces to disperse such assembly with the help of the armed forces under his command  and to arrest \r\nand confine such persons forming part of it as the Magistrate 8[or such Police officer] may direct, or \r\nas it may be  necessary to arrest and confine in order to disperse the assembly or to have them \r\npunished according to law.] \r\n(2) Every such officer shall obey such requisition in such manner as he thinks fit, but in \r\nso doing he shall use as little force, and do as little injury to person and property, as may be \r\nconsistent with dispersing the assembly and arresting and detaining such persons. \r\n131. Power of commissioned military officers to disperse assembly.  When the public \r\nsecurity is manifestly endangered by any such assembly, and when 8[a police officer of the highest \r\nrank not below an Assistant Superintendent, or Deputy Superintendent, of Police] can be \r\ncommunicated with, any commissioned officer of 11[the Pakistan] Army may disperse such assembly \r\nby military force, and may arrest and confine any persons forming part of it, in order to disperse such \r\nassembly or that they may be punished according to law; but if, while he is acting under this section, \r\nit becomes practicable for him to communicate with 8[a police officer not below the rank of Assistant \r\nSuperintendent, or Deputy Su perintendent, of Police], he shall do so, and shall thenceforward obey \r\nthe instructions of 8[such Police officer] as to whether he shall or shall not continue such action. \r\n \r\n1Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), s. 3 and Sch. \r\n2Omitted by Ord. No. XLIII of 2001, ss. 3­4. \r\n3Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), s. 3 and Sch. \r\n4Subs. by the Amending Act, 1934 (XXXV of 1934), s. 2 and Sch. \r\n5Subs. by the Central Laws (Adaptation) Order, 1961(P. O. No. 1 of 1961), Art. 2 and Sch. (with effect from the 23rd March, 1956). \r\n6Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n7Omitted ibid., item (196).  \r\n8Subs, added and ins. by Ord. No. XXXVII of 2001, s. 38­41. \r\n9Subs. by Act No. XLIX of 1975, s.2. for “military force” (w.e.f 25­4­75). \r\n10Subs. ibid, s.3. \r\n11Subs. by the Central Laws (Adaptation) Order, 1961(P. O. No. 1 of 1961), Art. 2 and Sch. (with effect from the 23rd March, 1961). \r\n \r\nPage 70 of 307 \r\n \r\n \r\n1[131A.    Power to use military force for public security and maintenance of law and \r\norder.__ (1) If the Provincial Government is satisfied that, for the public security, protection of life \r\nand property, public  peace and the maintenance of law and order, i t is necessary to secure the \r\nassistance of the armed forces or  civil armed forces, the Provincial Government may required, with \r\nthe prior approval of the Federal Government, or the Federal Government may on its own or on the \r\nrequest of the Provincial Government, direct any officer of the armed forces or civil armed forces not \r\nbelow the rank of a JCO or equivelant to render such assistance with the help of the forces under his \r\ncommand, and such assistance shall include the exercise of powers specified in se ctions 46 to 49, 53, \r\n54, 55 (a) (c), 58, 61, 64 to 67, 102 and 103 for a particular area defined in the notification for a \r\nlimited period of thirty days extendable by another period of thirty days, as the circumstances may \r\nwarrant: \r\nProvided that such powers shall not included the powers of a Magistrate. \r\n(2) Every such officer shall obey such requisition or direction, as the case may be, and in \r\ndoing so may use such force as the circumstances may require. \r\n(3) In rendering assistance relating to exercise of p owers specified in sub­section (1), \r\nevery officer shall, as far as may be, follow the restrictions and conditions laid down in the Code.] \r\n132. Protection against prosecution for act done under th e Chapter. No prosecution \r\nagainst any person for any act purporting to be done under this Chapter shall be instituted in any \r\nCriminal Court, except with the sanction of the 2[Provincial Government] ; and__ \r\n(a) no 3[* *] police officer acting under this Chapter in good faith, \r\n(b) no officer acting under section 131 in good faith, \r\n(c) no person doing any act in good faith, in compliance with a requisition under \r\nsection 128 or section 130, 4[or section 131­A], and \r\n(d) no inferior officer, or soldier, 5[sailor or airman i n the armed forces], doing \r\nany act in obedience to any order which he was bound to obey, \r\nshall be deemed to have thereby committed an offence: \r\n6[Provided that no such prosecution shall be instituted in any Criminal Court against any \r\nofficer or 7[soldier, sailor or airman in the armed forces] except with the sanction of the 8[Federal \r\nGovernment].] \r\n \r\n \r\n1Ins. by Ord. No. LXXXI of 2002, s. 3. \r\n2Subs. by A.O., 1937, for “L.G.”. \r\n3Omitted by Ord. No. XXXVII of 2001, s. 42. \r\n4Ins. by Ord. No. LXXXI of 2002, s. 4. \r\n5Subs. by XLIX of 1975, s. 4. \r\n6Ins. by the Devolution Act, 1920 (XXXVIII of 1920), s.2 and Sch. I. \r\n7Subs. by Act No. XLIX of 1975, s. 4.  \r\n8Subs. by Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table.  \r\n  \r\n \r\nPage 71 of 307 \r\n \r\n1[132A. Definitions. In this Chapter,__ \r\n(a) the expression “armed forces ” means the military, naval and air forces, \r\noperating as land forces and includes 2[* * * ] any other armed forces of \r\nPakistan so operating ; \r\n3[(aa)  the expression “civil armed forces ” means t he Pakistan Rangers, Frontier \r\nCorps, Frontier Constabulary, Bal uchistan Constabulary, Pakistan Coast \r\nGaurds or any other force as the Federal Government may notify.] \r\n(b) “officer”, in relation to the armed forces, means a person commissioned, \r\ngazetted or i n pay as an officer of the armed forces and includes a junior \r\ncommissioned officer, a warrant officer, a petty officer and a \r\nnon­commissioned officer ; and \r\n(c) “soldier” includes a member of the force constituted under the Act referred to \r\nin clause (a).] \r\nCHAPTER X  \r\nPUBLIC NUISANCES \r\n4[133.  Conditional order for removal of nuisance. __ (1) Whenever a 5[Magistrate of the \r\nfirst class] considers, on receiving a police­report or other information and on taking such evidence \r\n(if any) as he thinks fit, \r\nthat any unlawful obstruction or nuisance should be removed from any way, river or channel \r\nwhich is or may be lawfully used by the public, or from any public place, or \r\nthat the conduct of any trade or occupation, or the keeping of any goods or merchandise, is \r\ninjurious to the health or physical comfort of the community, and that in consequence such trade or \r\noccupation should be prohibited or regulated or such goods or merchandise should be removed or the \r\nkeeping thereof regulated, or \r\nthat the construction of any bui lding, or the disposal of any substance, as likely to occasion \r\nconflagration or explosion, should be prevented or stopped, or \r\nthat any building, tent or structure, or any tree is in such a condition that it is likely to fall and \r\nthereby cause injury to per sons living or carrying on business in the neighbourhood or passing by, \r\nand that in consequence the removal, repair or support of such building, tent or structure, or the \r\nremoval or support of such tree, is necessary, or \r\nthat any tank, well or excavation adjacent to any such way or public place should be fenced in \r\nsuch manner as to prevent danger arising to the public, or \r\nthat any dangerous animal should be destroyed, confined or otherwise disposed of, \r\n \r\n \r\n1Ins. by Act No. XLIX of 1975, s. 5. \r\n2Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s.3 and Second Sch. \r\n3Ins. by Ord. No. LXXXI of 2002, ss. 4­5. \r\n4Subs. by Act No. XVIII of 1923, s. 24. \r\n5Subs. by Ord. No. XXXVII of 2001, s. 43. \r\n  \r\n \r\nPage 72 of 307 \r\n \r\nsuch Magistrate may make a conditional order requiring the person causing such obstruction or \r\nnuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or \r\nowning, possessing or controlling such building, tent, structure, substance, tank, well or ex cavation, \r\nor owning or possessing such animal or tree, within a time to be fixed in the order, \r\nto remove such obstruction or nuisance ; or \r\nto desist from carrying on, or to remove or regulate in such manner as may be directed, such \r\ntrade or occupation; or \r\nto remove such goods or merchandise, or to regulate the keeping thereof in such manner as \r\nmay be directed ; or \r\nto prevent or stop the erection of, or to remove, repair or support, such building, tent or \r\nstructure ; or  \r\nto remove or support such tree ; or \r\nto alter the disposal of such substance ; or \r\nto fence such tank, well or excavation, as the case may be ; or \r\nto destroy, confine or dispose of such dangerous animal in the manner provided in the said \r\norder ;  \r\nor, if he objects so to do, \r\nto appear before him self or some other 1[Magistrate of the first class], at a time and place to \r\nbe fixed by the order, and move to have the order set aside or modified in the manner hereinafter \r\nprovided. \r\n(2) No order duly made by a Magistrate under this section shall be calle d in question in \r\nany Civil Court. \r\nExplanation.__ A “public place ” includes also property belonging to the State, camping \r\ngrounds and grounds left unoccupied for sanitary or recreative purposes.] \r\n134. Service or notification of order. __(1) The order shall, if practicable, be served on the \r\nperson against whom it is made, in manner herein provided for service of a summons. \r\n(2) If such order cannot be so served, it shall be notified by proclamation, published in such \r\nmanner as the 2[Provincial Government] may b y rule direct, and a copy thereof shall be stuck up at \r\nsuch place or places as may be fittest for conveying the information to such person. \r\n135. Person to whom order is addressed to obey or show cause or claim jury.  The \r\nperson against whom such order is made shall__ \r\n(a) perform, within the time 3[and in the manner] specified in the order, the act \r\ndirected thereby ; or \r\n(b) appear in accordance with such order and either show cause against the same, \r\nor apply to the Magistrate by whom it was made to appoint a jury to try \r\nwhether the same is reasonable and proper. \r\n \r\n1Subs. by Ord. No. XXXVII of 2001, s.43. \r\n2Subs. by A.O., 1937. \r\n3Ins. by Act No. XVIII of 1923, s. 25. \r\n \r\nPage 73 of 307 \r\n \r\n136. Consequence of his failing to do so.  If such person does not perform such act or \r\nappear and show cause or apply for the appointment of a jury as required by section 135, he shall be \r\nliable to the penalty prescribed in that behalf in section 188 of the Pakistan Penal Code (XLV of \r\n1860), and the order shall be made absolute. \r\n137. Procedure where he appears to show cause. __ (1) If he appears and shows cause \r\nagainst the  order, the Magistrate shall take evidence in the matter 1[in the manner provided in \r\nChapter XX]. \r\n(2) If the Magistrate is satisfied that the order is not reasonable and proper, no further \r\nproceedings shall be taken in the case. \r\n(3) If the Magistrate is not so satisfied, the order shall be made absolute. \r\n138. Procedure where he claims jury.__ (1) On receiving an application un der section \r\n135 to appoint a jury, the Magistrate shall__ \r\n(a) forthwith appoint a jury consisting of an uneven number of persons not less \r\nthan five, of whom the foreman and one­half of the remaining members shall \r\nbe nominated by such Magistrate, and the other members by the applicant ; \r\n(b) summon such foreman and members to attend at such place and time as the \r\nMagistrate thinks fit; and \r\n(c) fix a time within which they are to return their verdict. \r\n(2) The time so fixed may, for good cause shown, be extended by the Magistrate. \r\n139. Procedure where jury finds Magistrate's order to be reasonable. __ (1) If the jury \r\nor a majority of the jurors find that the order of the Magistrate is reasonable and proper as originally \r\nmade, or subject to a modification which the  Magistrate accepts, the Magistrate shall make the order \r\nabsolute, subject to such modification (if any). \r\n(2) In other cases no further proceedings shall be taken under this Chapter. \r\n2[139A. Procedure where existence of public right is denied. __ (1) Where an order is made \r\nunder section 133 for the purpose of preventing obstruction, nuisance or danger to the public in  the  \r\nuse  of any  way, river, channel or place, the Magistrate shall, on the appearance before him of the \r\nperson against whom  the order was made, question him as to whether he denies the existence of any \r\npublic right in respect of the way, river, channel or place, and if he does so, the Magistrate shall, \r\nbefore proceeding under section 137 or section 138, inquire into the matter. \r\n(2) If in such inquiry the Magistrate finds that there is any reliable evidence in support of \r\nsuch denial, he shall stay the proceedings until the matter of the existence of such right has been \r\ndecided by a competent Civil Court ; and, if he finds that there is no such  evidence, he shall proceed \r\nas laid down in section 137 or section 138, as the case may require. \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n2Ins. by Act No. XVIII of 1923, s.26. \r\n \r\n  \r\n \r\nPage 74 of 307 \r\n \r\n(3) A person who has, on being questioned by the Magistrate under sub­section (1) failed \r\nto deny the existence of a public right of the nature therein referred to, or who, having made such \r\ndenial, has failed to adduce reliable evidence in support thereof, shall not in the subsequent \r\nproceedings be permitted to make any such denial, nor shall any question in respect of the existence \r\nof any such public right be inquired into by any jury appointed under section 138.] \r\n140. Procedure on order being made absolute. __ (1) When an order has been made \r\nabsolute under section 136, section 137 or section 139, the Magistrate shall give notice of the same \r\nto the person against whom the order was made, and shall further require him to perform the act \r\ndirected by the order within  a  time to be fixed in the notice, and  inform him that, in case of \r\ndisobedience, he will be liable to the penalty provided by section 188 of the Pakistan Penal Code \r\n(XLV of 1860). \r\n(2) Consequences of disobedience to order. If such act is not performed within the time \r\nfixed, the Magistrate may cause it to be performed, and may recover the costs of performing it, either \r\nby the sale of any building, goods or other property removed by his order, or by the distress and sale \r\nof any other moveable property of such person within or without the local limits of such Magistrate’s \r\njurisdiction. If such other property is without such limits, the order shall authorize its attachment and \r\nsale when endorsed by the Magistrate within the local limits of whose jurisdiction the property to be \r\nattached is found. \r\n(3) No suit shall lie in respect of anything done in good faith under this section. \r\n141. Procedure on failure to appoint jury or omission to return verdict.  If the \r\napplicant, by neglect or otherwise, prevents the appointment of the jury, or if from any cause the jury \r\nappointed do not return their verdict within the time fixed or within such further time as the \r\nMagistrate may in his discretion allow, the Magis trate may pass such order as he thinks fit, and such \r\norder shall be executed in the manner provided by section 140. \r\n142. Injunction pending inquiry.__ (1) If a Magistrate making an order under section 133 \r\nconsiders that immediate measures should be taken to prevent imminent danger or injury of a serious \r\nkind to the public, he may, whether a jury is to be, or has been, appointed or not, issue such an \r\ninjunction to the person against whom the order was made, as is required to obviate or prevent such \r\ndanger or injury pending the determination of the matter. \r\n(2) In default of such person forthwith obeying such injunction, the Magistrate may \r\nhimself use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent \r\nsuch injury. \r\n(3) No suit shall lie in respect of anything done in good faith by a Magistrate under this \r\nsection. \r\n143. Magistrate may prohibit repetition or continuance of public nuisance.  A \r\n1[Magistrate of the first class], may order any person not to repeat or continue a public nuisance, and \r\ndefined in the Pakistan Penal Code (XLV of 1860) or any special or local law. \r\n \r\n \r\n \r\n1Subs. by Ord. No. XXXVII of 2001, s.44. \r\n \r\n \r\nPage 75 of 307 \r\n \r\nCHAPTER XI \r\nTEMPORARY ORDERS IN URGENT CASES OF NUISANCE OR APPREHENDED \r\nDANGER \r\n144. Power to issue order absolute at once in urgent cases of nuisance or apprehended \r\ndanger.__ (1) In cases where, in the opinion of 1[the Zila Nazim upon the written recommendation of \r\nthe District Superintendent of Police or Executive District Officer] 2[ there is sufficient ground for \r\nproceeding under this section and] immediate prevention or speedy remedy is desirable, \r\n1[the Zila Nazim] may, by a written order stating the material facts of the case and served in \r\nmanner provided by section 134, direct any person to abstain from a certai n act or to take certain \r\norder with certain property in his possession or under his management, if 1[the Zila Nazim] considers \r\nthat such direction is  likely to prevent, or tends to prevent, obstruction, annoyance or injury, or risk \r\nof obstruction, annoyance or injury, to any person lawfully employed, or danger to human life, health \r\nor safety, or a disturbance of the public tranquillity, or a riot, or an affray. \r\n(2) An order under this section may, in case s of emergency or in cases where the \r\ncircumstances do not admit of the serving in due time of a notice upon the person against whom the \r\norder is directed, be passed, exparte. \r\n(3) An order under this section may be directed to a particular individual, or to the public \r\ngenerally when frequenting or visiting a particular place. \r\n(4) 1[The Zila Nazim ] may, 2[either on his own motion or on the application of any \r\nperson aggrieved], rescind or alter any order made under this section by himself 1[** * * * * *] or by \r\nhis predecessor in office. \r\n2[(5) Where such an appl ication is received, the 1[Zila Nazim] shall afford to the applicant \r\nan early opportunity of appearing before him either in person or by pleader and showing cause \r\nagainst the order ;  and, if the 1[Zila Nazim] rejects the application wholly or in part, he shall record \r\nin writing his reasons for so doing.] \r\n3[(6) No order under this section shall remain in force for more than two 1[consecutive days \r\nand not more than seven days in a month] from the making thereof ; unless, in cases of danger to \r\nhuman life, health   or safety, or a likelihood of a riot or an affray, the 4[Provincial Government], by \r\nnotification in the official Gazette, otherwise directs. \r\n5[(7) In the application of sub­sections (1) to (6) to the districts where the local \r\nGovernment elections have not been held, or the Zila Nazim has not assumed charge of office, any \r\nreference in those provisions to the Zila Nazim shall be read as a reference to the District \r\nCoordination Officer in relation to such districts: \r\nProvided that this sub­section shal l cease to have effect, and shall be deemed to have been \r\nrepealed, at the time when local Governments are installed in the districts as aforesaid.] \r\n \r\n1Subs. and omitted by Ord. No. XXXVII of 2001 s. 45. \r\n2Ins. by Act No. XVIII of 1923, s. 27.  \r\n3Re­numbered by Act No. XVIII of 1923, Section. 27.  \r\n4Subs. by A.O., 1937, for “L.G.”. \r\n5Added by Ord. No. XLIII of 2001, s.5. \r\n \r\n \r\nPage 76 of 307 \r\n \r\nCHAPTER XII \r\nDISPUTES AS TO IMMOVEABLE PROPERTY \r\n145. Procedure  where  dispute  concerning  land,  etc.,  is  likely  to  cause  breach  of  \r\npeace.__ (1) Whenever a 1[Magistrate of the First Class] is satisfied from a police­report or other \r\ninformation that a  dispute likely to cause a breach of the peace exists concerning any land or water \r\nor the boundaries thereof, within the local limits of his jurisdiction, he shall make an order in writing, \r\nstating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to \r\nattend his Court in person or by pleader,  within a time to be fixed by such Magistrate, and to put i n \r\nwritten statements of their respective claims as respects the fact of actual possession of the subject of \r\ndispute. \r\n(2) For the purposes of this section the expression “land or water ” includes buildings, \r\nmarkets, fisheries, crops or other produce of land, and the rents or profits of any such property. \r\n(3) A copy of the order shall be served in manner provided by this Code for the service of \r\na summons upon such person or persons as the Magistrate may direct, and at least one copy shall be \r\npublished by being affixed to some conspicuous place at or near the subject of dispute. \r\n(4) Inquiry as to possession.  The Magistrate shall then, without reference to the merits \r\nor the claims of any of s uch parties to a right to possess the subject of dispute, peruse the statements \r\nso put in,  hear the  parties, 2[receive all such evidence as may be] produced by them respectively, \r\nconsider the effect of such evidence, take such further evidence (if any) a s he thinks necessary, and, \r\nif  possible,  decide  whether any  and which of the parties was at the date of the order before \r\nmentioned in such possession of the said subject: \r\nProvided that, if it appears to the Magistrate that any party has within two mont hs next before \r\nthe date  of such order been forcibly and wrongfully dispossessed, he may treat the party so \r\ndispossessed as if he had been in possession at such date: \r\nProvided also, that if the Magistrate considers the case one of emergency, he may at any t ime \r\nattach the subject of dispute, pending his decision under this section. \r\n(5) Nothing in this section shall preclude any party so required to attend, or any other \r\nperson interested, from showing that no such dispute as aforesaid exists or has existed ; a nd in such \r\ncase the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, \r\nbut, subject to such cancellation, the order of the Magistrate under sub­section (1) shall be final. \r\n(6) Party in possession to retain possessi on until legally evicted.  If the Magistrate \r\ndecides that one of the parties was 2[or should under the first proviso to sub­section (4) be  treated as \r\nbeing]  in  such possession of the said subject, he shall issue an order declaring such party to be \r\nentitled to possession thereof until evicted therefrom in due course of law, and forbidding all \r\ndisturbance of such possession until such eviction 2[and when he proceeds under the first proviso to \r\nsub­section (4), may restore to possession  the  party forcibly and wrongfully dispossessed]. \r\n \r\n1Subs. by Ord. No. XXXVII of 2001, s. 46. \r\n2Subs. and ins. by Act No. XVIII of 1923, s. 28.   \r\n \r\nPage 77 of 307 \r\n \r\n1[(7) When any party to any such proceeding dies, the Magistrate may cause the legal \r\nrepresentative of the deceased party to be made a party to the proceeding and shall thereupon \r\ncontinue the inquiry, and if any question arises as to who the legal representative of a deceased party \r\nfor the purpose of such proceeding is, all persons claiming to be representatives of the deceased party \r\nshall be made parties thereto.] \r\n2[(8) If the Magistrate is of opinion that any crop or other produce of the property, the \r\nsubject of dispute in a proceeding under this section pending before him, is subject to speedy and \r\nnatural decay, he may make an order f or the proper custody or sale of such property, and, upon the \r\ncompletion of the inquiry, shall make such order for the disposal of such property, or the \r\nsale­proceeds thereof, as he thinks fit. \r\n(9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, \r\non the application of either party, issue a summons to any witness directing him to attend or to \r\nproduce any document or thing. \r\n(10) Nothing in this section shall be deemed to be in derogation of the powers of the \r\nMagistrate to proceed under section 107.] \r\n146. Power to attach subject of dispute. __ (1) If the Magistrate decides that none of the \r\nparties was then in such possession, o r is unable to satisfy himself as to which of them was then in  \r\nsuch possession of  the subject of dispute, he may attach it until a competent Court has determined \r\nthe rights of the parties  thereto, or the person entitled to possession thereof : \r\n3[Provided that 4[* * *  *] the Magistrate who has attached the subject of dispute may \r\nwithdraw the attachment of any time if he is satisfied that there is no longer any likelihood of a \r\nbreach of the peace in regard to the subject of dispute.] \r\n(2) When the Magistrate attaches the su bject of dispute, he may, if he thinks fit 3[and if \r\nno receiver of the property, the subject of dispute, has been appointed by any Civil Court] appoint a \r\nreceiver thereof, who, subject to the control of the Magistrate, shall have all the powers of a receiv er \r\nappointed under the 5[Code of Civil Procedure, 1908]6[(V of 1908)]: \r\n3[Provided that, in the event of a receiver of the property, the subject of dispute, being \r\nsubsequently appointed by any Civil Court, possession shall be made over to him by the receive r \r\nappointed by the Magistrate, who shall thereupon be discharged.] \r\n7[147. Disputes concerning rights of use of immov eable property, etc. __(1) Whenever \r\nany 4[Magistrate of the First Class] is satisfied, from a police­report or other information, that a \r\ndispute likely to cause a breach of the peace exists regarding any alleged right of user of any land \r\nor water as explained in  section 145, sub­section (2) (whether such rights be claimed as an \r\neasement or otherwise), within the local limits of his jurisdic tion, he may make an order in writing \r\nstating the grounds of his being so satisfied and requiring the parties concerned in such dispute to \r\nattend the Court in person or by pleader within a time  to    be fixed by such Magistrate and to put \r\nin written  \r\n \r\n1Subs. by Act No. XVIII of 1923, s. 28. \r\n2Ins. ibid. \r\n3Ins. by Act No. XVIII of 1923, s. 29. \r\n4Omitted and subs. by Ord. No. XXXVII of 2001, ss. 47­48. \r\n5Subs. by the Law Reforms (Amdt.) Act, 1976 (XXI of 1976), s.2 and Sch.  \r\n6Subs. ibid. \r\n7Subs. by Act No. XVIII of 1923, s. 30. \r\n \r\n \r\nPage 78 of 307 \r\n \r\nstatements of their respective claims, and shall thereafter inquire into the matter in the manner provided in \r\nsection 145, and the provisions of that section shall, as far as may be, be applicable in the case of such inquiry. \r\n(2) If it ap pears to such Magistrate that such right exists, he may make an order \r\nprohibiting any interference with the exercise of such right: \r\nProvided that no such order shall be made where the right is exercisable at all times of the \r\nyear, unless such right has bee n exercised within three months next before the institution of the \r\ninquiry, or where the right is exercisable only at particular seasons or on particular occasions, unless \r\nthe right has been exercised during the last of such seasons or on the last of such occasions before \r\nsuch institution. \r\n(3) If it appears to such Magistrate that such right does not exist, he may make an order \r\nprohibiting any exercise of the alleged right. \r\n(4) An order under this section shall be subject to any subsequent decision of a Civ il \r\nCourt of competent jurisdiction.] \r\n148. Local inquiry. __ (1) Whenever a local inquiry is necessary for the purposes of this \r\nChapter, any 1[a Sessions Judge] may depute any Magistrate subordinate to him to make the inquiry, \r\nand may furnish him with such written instructions as may seem necessary for his guidance, and may \r\ndeclare by whom the whole  or  any part of the necessary expenses of the inquiry shall be paid. \r\n(2) The report of the person so deputed may be read as evidence in the case. \r\n \r\n(3) Order as to costs.  When any costs have been incurred by any party to a proceeding \r\nunder this Chapter 2[* * * ] the Magistrate passing a decision under section 145 , section 146 or \r\nsection 147 may direct by whom such costs shall be paid, whether by such party or by any other \r\nparty to the proceeding, and whether in whole or in part or proportion. 3[Such costs may include any \r\nexpenses incurred in respec t of witnesses, and of pleaders’  fees, which the Court may consider \r\nreasonable.] \r\n  _______ \r\nCHAPTER XIII  \r\nPREVENTIVE ACTION OF THE POLICE \r\n149. Police  to  prevent cognizable offences. __ Every police­officer may interpose for the \r\npurpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable \r\noffence. \r\n150. Information of design to commit such offences.  Every police­officer receiving \r\ninformation of a design to commit any cognizable offence shall communicate such information to the \r\npolice­officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take \r\ncognizance of the commission of any such offence. \r\n151. Arrest to prevent such offences. __ A police­officer knowing of a design to commit \r\nany cognizable  offence may arrest, without orders from a Magistrate and without a warrant, the \r\nperson so designing, if it appears to such officer that the commission of the offence  cannot be \r\notherwise prevented. \r\n1Subs. by Ord. No. XXXVII of 2001, s. 49. \r\n2Omitted by Act No. XVIII of 1923, s.31. \r\n3Subs. ibid. \r\n \r\nPage 79 of 307 \r\n \r\n \r\n152. Prevention of injury to public property.  A police­officer may of his own authority \r\ninterpose to prevent any injury attempted to be committed in his view to any public property, \r\nmoveable or immoveable, or the removal or injury of any public landmark or buoy or other mark \r\nused for navigation. \r\n153. Inspection of weights and measures. __ (1) Any officer in charge of a police­station \r\nmay, without a warrant, enter any place within the limits of such station for the purpose of inspecting \r\nor searching for any weights or measures or instruments for weighin g, used or kept  therein, \r\nwhenever he  has reason to believe  that there are in such place any weights, measures or instruments \r\nfor weighing which are false. \r\n \r\n(2) If he finds in such place any weights, measures or instruments for weighing which are \r\nfalse, he may seize the same, and shall forthwith give information of such seizure to a Magistrate \r\nhaving jurisdiction. \r\n     _____ \r\nPART V \r\nINFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE \r\n_____ \r\nCHAPTER XIV \r\n154. Information in cognizable cases.  Every information relating to the commission of a \r\ncognizable offence if given orally to an officer in charge of a police­station, shall be reduced to \r\nwriting by him or under his direction, and be read over to the informant ; and every such information, \r\nwhether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, \r\nand the substance thereof shall be entered in a book to be kept by such officer in such form as the \r\n1[Provincial Government] may prescribe in this behalf 2[:] \r\n2[Provided that if the information is given by the woman against whom an offence under \r\nsection 336B, section 354, section 354A, section 376 or section 509 of the Pakistan Penal Code, \r\n1860 (Act XLV of 1860) is alleged to have been committed or attempted, than such information shall \r\nbe recorded by an investigating officer in presence of a female police officer or a female family \r\nmember or any other person with consent of the complainant, as the case may be: \r\nProvided further that if the information, given b y the woman against whom an offence under \r\nsection 336B, section 354, section 354A, section 376 or section 509 of the Pakistan Penal Code, \r\n1860 (Act XLV of 1860) is alleged to have been committed or attempted, is distressed such \r\ninformation shall be  record ed  by  an investigating officer at residence of the complainant or at a \r\nconvenient place of the complainant's choice in presence of  a  police  officer  or  family member or \r\nany other person with consent of the complainant, as the case may be.] \r\n155. Information in non­cognizable cases. __ (1) When information is given to an officer \r\nincharge of a police­station of the commission within the limits of such station of a non­cognizable \r\noffence, he shall enter in a book  to  be kept as aforesaid the substance of such information and refer \r\nthe informant to the Magistrate. \r\n \r\n1Subs. by A.O., 1937, for “L.G.”. \r\n2Added by Act No. XLIV of 2016, s. 8. \r\n \r\nPage 80 of 307 \r\n \r\n(2) Investigation into non­cognizable cases.  No police­officer shall investigate  a \r\nnon­cognizable case without the order of  a Magistrate of the first  or second class having power to try \r\nsuch case 1[or send the same for trial to the Court of Session]. \r\n(3) Any police­officer receiving such order may exercise the same powers in respect of the \r\ninvestigation (except the power to ar rest without warrant) as an officer in charge of a police­station may \r\nexercise in a cognizable case. \r\n156. Investigation into cognizable cases. _ (1) Any  officer in charge  of a police­station may,  \r\nwithout  the  order of a Magistrate, investigate any cognizable case which a Court having jurisdiction \r\nover the local area within the limits of such station would have power to inquire into or try under the \r\nprovisions of  Chapter  XV  relating to  the  place  of inquiry or trial. \r\n(2) No proceeding of a polic e­office in any such case shall at any stage be called in question \r\non the ground that the case was one which such officer was not empowered under this section to \r\ninvestigate. \r\n(3) Any Magistrate empowered under section 190 may order such an investigation as  \r\nabove­mentioned. \r\n2[(4) Notwithstanding anything contained in sub­sections (1), (2) or (3), no police­officer shall \r\ninvestigate an offence under section 497 or section 498 of the Pakistan Penal Code, except upon a \r\ncomplaint made by the husband of the woman , or, in his absence, by some person who had the care of \r\nsuch woman on his behalf at the time when such offence was committed.] \r\n3[156A. Investigation of offence under section 295 C, Pakistan Penal Code.__ Notwithstanding  \r\nanything  contained in this Code, no police officer below the rank of a Superintendent of Police shall \r\ninvestigate  the  offence  against any person alleged to have been committed by him under section 295 C \r\nof the Pakistan Penal Code, 1860 (Act XLV of 1860). \r\n156B.  Investigation against a woman accused of the offence of zina. __Notwithstanding \r\nanything contained in  this Code, where a person is accused of offence of zina under  the  Offence  of  \r\nzina  (Enforcement of Huddood) Ordinance, 1979 (VII of 1979), no police officer below the rank of a \r\nSuperintendent of Police shall investigate such offence nor shall such accused be arrested without \r\npermission of the court. \r\nExplanation.__ In this section ‘zina’ does not include ‘zina­bil­jabr’.] \r\n157. Procedure where cognizable  offence suspected. __(1) If, from information received or \r\notherwise, an officer in charge of a police­station has reason to suspect the commission of an offence \r\nwhich he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a \r\nMagistrate emp owered to take cognizance of such offence upon a police­report, and shall proceed in \r\nperson, or shall depute one of his subordinate officers 4[not being below such rank as the 5[Provincial \r\nGovernment] may, by general or special order, prescribe in this beh alf] to proceed, to the spot, to \r\ninvestigate the facts and circumstances of the case, 6[and, if necessary, to take measures] for the \r\ndiscovery and arrest of the offender: \r\n \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n2Added ibid. \r\n3Ins. by Act No. I of 2005, s. 13. \r\n4Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 32. \r\n5Subs. by A.O., 1937, for “L.G”. \r\n6Subs. by Act No. XVIII of 1923, s. 32. \r\n \r\nPage 81 of 307 \r\n \r\nProvided as follows :__ \r\n(a) Where local investigation dispensed with. when any information as to the \r\ncommission of any such offence is given against any person by name and the \r\ncase is not of a serious nature, the officer in charge of a police­station need not \r\nproceed in person or depute a subordinate officer   to make an investigation on \r\nthe spot; \r\n(b) Where police­officer in charge sees no sufficient ground for investigation.  \r\nif it appears to the officer in charge of a police­station that there is no \r\nsufficient ground for entering on an investigation, he shall not inves tigate the \r\ncase. \r\n(2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub­section (1), \r\nthe officer in charge of the police­station shall state in his said report his reasons for not fully \r\ncomplying with the requirements of that sub­s ection, 1[and, in the case mentioned in clause (b), such \r\nofficer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by \r\nthe  2[Provincial Government], the  fact that he will not investigate the case or cause it to be \r\ninvestigated.] \r\n158. Reports under  section 157 how submitted. __ (1) Every report sent to a Magistrate \r\nunder section  157 shall, if the 2[Provincial Government] so directs, be submitted through such \r\nsuperior officer of police as the 2[Provincial Government], by general or special order, appoints in \r\nthat behalf. \r\n(2) Such superior officer may give such instructions to the officer in charge of the \r\npolice­station as he thinks fit, and shall, after recording such instructions on such report, transmit the \r\nsame without delay to the Magistrate. \r\n159. Power to hold investigation of preliminary inquiry.  Such Magistrate, on receiving \r\nsuch report, may direct an investigation or, if he thinks fit, at once proceed, or depute any Magistrate \r\nsubordinate to him   to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the \r\ncase in manner provided in this Code. \r\n160. Police­officer’s power to require attendance of witnesses.  Any police­officer \r\nmaking an investigation under this Chapter may, by order in writing, require the attendance before \r\nhimself of any person being within the limits of his ow n or any adjoining station who, from the \r\ninformation given or otherwise, appears to be acquainted with the circumstances of the case; and \r\nsuch person shall attend as so required. \r\n \r\n161. Examination of witnesses by police.__ (1) Any police­officer making an investigation \r\nunder this Chapter 3[or any police­officer not below such rank as the 2[Provincial Government] may, \r\nby general or special order, prescribe in this behalf, acting on the requisition of such officer] may \r\nexamine orally any  person supposed to be acquainted with the facts and circumstances of the case  \r\n4[:] \r\n \r\n4[Provided that a statement of a woman against whom an offence under section 336B, section \r\n354, section 354A, section 376 or section 509 of the Pakistan Penal Code, 1860 (Act XLV of 1860) \r\nis alleged to have been committed or attempted, shall be recorded by an investigating officer in \r\npresence of a female police officer or a female family member or other person of her choice.] \r\n \r\n1Added. by Act No.  XVIII of 1923, s. 32. \r\n2Subs. by A.O., 1937, for “L.G”. \r\n3Ins. by the Act No. XVIII of 1923. \r\n4Subs. and added by Act No. XLIV of 2016, s.9. \r\n \r\nPage 82 of 307 \r\n \r\n(2) Such person shall be bound to answer all questions relating to such case put to him by \r\nsuch officer, other than questions the answers to which would have a tendency to expose him to a \r\ncriminal charge or to a penalty or forfeiture. \r\n1[(3) The police­officer may reduce into writing any statement made to him in the course of \r\nan examination under this section, and if he does so he shall make a separate record of t he statement, \r\nof each such person whose statement he records.] \r\n2[161A. Legal representation of victim of rape, etc. __ (1) Where an offence under section \r\n354A, section 376, section 377 or section 377B of the Pakistan Penal Code, 1860 (Act XLV of 1860) \r\nhas been committed or attempted to be committed, the police officer after recording the information \r\nunder section  154 shall inform the victim, against whom such offences have been committed or \r\nattempted to be committed, of his right to legal representation. \r\n(2) If the victim under sub­section (1) requires free legal aid the police officer shall \r\nprovide him the list of lawyers maintained by the Provincial Bar Councils for this purpose.] \r\n162. Statements to police not to be signed; use of such statements in evidence.__ 3[(1) \r\nNo statement made by any person to a police­officer in the course of an investigation under this \r\nChapter shall, if reduced into writing, be signed by the  person making it;  nor shall any such \r\nstatement or any record thereof, whether in a police­diary or otherwise, or any part of such statement \r\nor record, be used for any purpose (save as hereinafter provided) at any inquiry or trial in respect of \r\nany offence under investigation at the time when such statement was made: \r\nProvided that, when any witness is called for the prosecution in such inquiry or trial whose \r\nstatement has been reduced into writing as aforesaid, the Court shall on the request of the accused, \r\nrefer to such writing and direct that the accused be furnished with a copy thereof , in order that any \r\npart of such statement, if duly proved, may be used to contradict such witness in the manner \r\nprovided by section 145 of the Evidence Act, 1872 (I of 1872).  When any part of such statement is \r\nso used, any part thereof may also be used in  the re­examination of such witness, but for the purpose \r\nonly of explaining any matter referred to in his cross­examination: \r\nProvided, further that, if the Court is of opinion that any part of any such statement is not \r\nrelevant to the subject­matter of the  inquiry or trial or that its disclosure to the accused is not \r\nessential in the interests of justice and is inexpedient in the public interests, it shall record such \r\nopinion (but not the reasons therefor) and shall exclude such part from the copy of the st atement \r\nfurnished to the accused.] \r\n(2) Nothing in this section shall be deemed to apply to any statement falling within the \r\nprovisions of section 32, clause (1), of the Evidence Act, 1872 4[or to affect the provisions of section \r\n27 of that Act]. \r\n \r\n \r\n1Added by the Code of Criminal Procedure (Amdt.) Act, 1945 (II of 1945), s. 2. \r\n2Ins. by Act No. XLIV of 2016,s.10. \r\n3Subs. Act No. XVIII of 1923, s. 34. \r\n4Added by the Code of Criminal Procedure (Second Amdt.) Act, 1941 (XV of 1941), s. 2. \r\n \r\n \r\n \r\n \r\nPage 83 of 307 \r\n \r\n163. No inducement to be offered. __ (1) No police­officer or other person in authority \r\nshall offer or  make, or cause to be offered or made, any such inducement, threat or promise as is \r\nmentioned in  the  Evidence Act, 1872 (I of 1872), section 24. \r\n(2) But no police­officer or o ther person shall prevent, by any caution or otherwise, any \r\nperson from making in the course of any investigation under this Chapter any statement which he \r\nmay be disposed to make of his own free will. \r\n164. Power to record statements and confessions. __ (1) 1[2[* * * ], any Magistrate of the \r\nfirst class and any Magistrate of the second class specially empowered in this behalf by the \r\n3[Provincial Government] may, if he is not a police­officer] record any statement or confession made \r\nto him in the course of an investigation under this Chapter or at any time afterwards before the \r\ncommencement of the inquiry or trial. \r\n4[(1­A) Any such statement may be recorded by such Magistrate in the presence of the \r\naccused, and the accused given an opportunity of cross­examinin g the witness making the \r\nstatement.] \r\n(2) Such statements shall be recorded in such of the manners hereinafter prescribed for \r\nrecording evidence as is, in his opinion best fitted for the circumstances of the case.  Such \r\nconfessions shall be recorded and signed in the manner provided in section 364, and such statements \r\nor confessions shall then be forwarded to the Magistrate by whom the case is to be inquired into or \r\ntried. \r\n(3) 5[A Magistrate shall, before recording any such confession, explain to the person \r\nmaking it that he is not bound to make a confession and that if he does so it may be used as evidence \r\nagainst him and no Magistrate] shall record any such confession unless, upon questioning the person \r\nmaking it, he has reason to believe that it was made v oluntarily; and, when he records any \r\nconfession, he shall make a memorandum at the foot of such record to the following effect:__ \r\n6[I have explained to (name) that he is not bound to make a confession and that, if he does so, \r\nany confession he may make may be used as evidence against him and I believe] that this confession \r\nwas voluntarily made. It was taken in my presence and hearing, and was read over to the person \r\nmaking it and admitted by him to be correct, and it contains a full and true account of the statement \r\nmade by him. \r\n(Signed) A.B., \r\nMagistrate.] \r\nExplanation.__ It is not necessary that the Magistrate receiving and recording a confession or \r\nstatement should be a Magistrate having jurisdiction in the case. \r\n \r\n \r\n \r\n1Subs. by Act No. XVIII of 1923, s. 35. \r\n2Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949, Sch. \r\n3Subs. by A.O., 1937, for “L.G.”. \r\n4Added by the Law Reforms Ordinance, 1972 (XII of 1972) s.2 and Sch. \r\n5Subs. by Act No. XVIII of 1923, s. 35.  \r\n6Subs. ibid.  \r\n  \r\n \r\nPage 84 of 307 \r\n \r\n1[164A. Medical examination of victim of rape, etc. __ (1) Where an offence of committing \r\nrape, unnatural offence or sexual abuse or attempt to commit rape, unnatural offence or  sexual abuse  \r\nunder  section 376, section 377 or section 377B respectively of the  Pakistan Penal Code, 1860(Act  \r\nXLV of 1860)   is under investigation, the victim shall be examined by a registered medical \r\npractitioner, in the  case  of female victim by a female registered medical practitioner, immediately \r\nafter commission of such offence: \r\nProvided that in all cases, where possible, the female victim shall be escorted by a female \r\npolice officer or a family member from a place of her convenience to the place of medical \r\nexamination. \r\n(2) The registered medical practitioner to whom such victim is sent under sub­section (1) \r\nshall, without delay, examine the victim and prepare a report of examination giving the following \r\nparticulars, namely:__ \r\n(a) name and address of the victim and of the person by whom she was escorted; \r\n(b) age of the victim; \r\n(c) description of material taken from body of the victim for DNA profiling; \r\n(d) marks of injury, if any, on body of the victim; \r\n(e) general mental condition of the victim; and \r\n(f) other material particulars in reasonable detail. \r\n(3) The report under s ub­section (2) shall state precisely the reasons for each conclusion \r\narrived at. \r\n(4) The report under sub­section (2) shall specifically record that consent of the victim or \r\nof his or her natural or legal guardian to such examination had been obtained. \r\n(5) The exact time of commencement  and completion of the examination under \r\nsub­section (1) shall also be noted in the report. \r\n(6) The registered medical practitioner shall, without delay, forward the report to the \r\ninvestigation officer who shall forward it to  the Magistrate along with other requirements as \r\nspecified under clause (a) of sub­section (1) of section 173. \r\n(7) Nothing in this section shall be construed as rendering lawful any examination \r\nwithout consent of the victim or of any person authorized under sub­section (4). \r\nExplanation.__ In this section, “registered medical practitioner ” means a medical practitioner \r\nwho possesses any qualification recognized as such under the Pakistan Medical and Dental Council \r\nOrdinance, 1962 (XXXII of 1962) and whose name has accordingly been entered in the Register \r\nmaintained in this  behalf under the said Ordinance and has been authorized by the Government to \r\nconduct such examination. \r\n \r\n \r\n1Ins. by Act No. XLIV of 2016, s.11. \r\n \r\nPage 85 of 307 \r\n \r\n164B. DNA test. __ (1) Where an offence under  section 376, section 377 or section 377B of \r\nthe Pakistan Penal Code, 1860 (XLV of 1860) is committed or attempted to have been committed or \r\nis alleged to have  been committed, Deoxyribo Nucleic Acid (DNA) samples, where practicable, \r\nshall be collected from the victim with his or her consent or with the consent of his or her natural or \r\nlegal guardian and the accused during the medical examination conducted under section 164A within \r\noptimal time period of receiving information relating to commission of such offence. \r\n(2) The DNA sample collected under sub­section (1) shall at the earliest be sent for \r\ninvestigation to a forensic laboratory where these shall be properly examined and preserved: \r\nProvided that confidentiality of such examination shall at all times be observed.]. \r\n165. Search by police­officer. __ 1[(1) Whenever an officer in charge of a police­station or \r\na  police­officer making an investigation has reasonable grounds for believing that anything \r\nnecessary for  the  purposes of an investigation into any offence which he is authorised to investigate \r\nmay be  found in  any  place within the limits of the police­station of which he is in charge, or to \r\nwhich he is attached, and that such thing cannot in his opinion be otherwise obtained without undue \r\ndelay, such officer may, after recording in writing the grounds of his belief and specifying in such \r\nwriting, so far as possible, the thing for which search  is to be made, search, or cause search to be \r\nmade, for such thing in any place within the limits of such station 2[:] \r\n3[Provided that no such officer shall search, or cause search to be made, for anything which is \r\nin the custody of a bank or b anker as defined in the Bankers’  Books Evidence Act, 1891 (XVIII of \r\n1891), and relates, or might disclose any inform ation which relates, to the bank account of any \r\nperson except,__ \r\n(a) for the purpose of investigating an offence under sections 403, 406, 408 and \r\n409 and sections 421 to 424 (both inclusive) and sections 465 to 477A (both \r\ninclusive) of the Pakistan Penal Code, with the prior permission in writing of a \r\nSessions Judge; and \r\n(b) in other cases, with the prior permission in writing of the High Court.] \r\n(2) A police­officer proceeding under sub­section (1) shall, if practicable, conduct the \r\nsearch in person.] \r\n(3) If he is unable to conduct the search in person, and there is no other person competent \r\nto make the search present at the time, he may 4[after recording in writing his reasons for so doing] \r\nrequire any officer subordinate to him to make the search, and he shall deliver to such subordinate \r\nofficer an order in writing 5[specifying the place to be searched and, so far as possible, the thing for \r\nwhich search is to be made]; and such subordinate officer may thereupon search for such thing in \r\nsuch place. \r\n \r\n1Subs. by Act No. XVIII of 1923, s. 36. \r\n2Subs. by Act No. III of 1968, s. 3. (w.e.f. 21.5.68). \r\n3Added ibid. \r\n4Ins. by Act No. XVIII of 1923, s. 36. \r\n5Subs. ibid. \r\n  \r\n \r\nPage 86 of 307 \r\n \r\n(4) The provisions of this Code as to search­warrants 1[and the general provisions as to \r\nsearches contained in section 102 and section 103] shall, so far  as may be, apply to a search made \r\nunder this section. \r\n2[(5) Copies of any record made under sub­section (1) or sub­section (3) shall forthwith be \r\nsent to the nearest Magistrate empowered to take cogni zance of the offence and the owner or \r\noccupier of the place searched shall on application be furnished with a copy of the same by the \r\nMagistrate: \r\nProvided that he shall pay for the same unless the Magistrate for some special reason thinks \r\nfit to furnish it free of cost.] \r\n166. When officer in charge of police­station may require another to issue search \r\nwarrant.__ (1) An officer in charge of a police­station 3[or a police­officer not being below the rank \r\nof sub­inspector making an investigation] may require a n officer in charge of another police­station, \r\nwhether in the same or a different district, to cause a search to be made in any place, in any case in \r\nwhich the former officer might cause such search to be made, within the limits of his own station. \r\n(2) Such officer, on being so required, shall proceed according to the provisions of \r\nsection 165, and shall forward the thing found, if any, to the officer at whose request the search was \r\nmade. \r\n4[(3) Whenever there is reason to believe that the delay occasioned b y requiring an officer \r\nin charge of another police­station to cause a search to be made under sub­section ( 1) might result in \r\nevidence of the commission of an offence being concealed or destroyed, it shall be lawful for an \r\nofficer in charge of a police­sta tion or a police­officer making an investigation under this Chapter to \r\nsearch, or cause to be searched, any place in the limits of another police­station, in accordance with \r\nthe provisions of section 165,   as if such place were within the limits of his own station. \r\n(4) Any officer conducting a search under sub­section (3) shall forthwith send notice of \r\nthe search to the officer in charge of the police­station within the limits of which such place is \r\nsituate, and shall also send with such notice a copy of the list (if any) prepared under section 103, \r\nand shall also send to the nearest Magistrate empowered to take cognizance of the offence, copies of \r\nthe records referred to in section 165, sub­sections (1) and (3). \r\n(5) The owner or occupier of the place sear ched shall, on application, be furnished with a \r\ncopy of any record sent to the Magistrate under sub­section (4): \r\nProvided that he shall pay for the same unless the Magistrate for some special reason thinks \r\nfit to furnish it free of cost.] \r\n167. Procedure when investigation cannot be completed in twenty­four hours. __ (1) \r\nWhenever 5[any person is arrested and detained in custody, and it appears that the] investigation 6[* \r\n* *] cannot be completed  within the period of twenty­four hours fixed by section 61, an d there are \r\ngrounds for believing that the accusation or information is well­founded, the officer  in  charge  of  \r\nthe  \r\n \r\n1Subs. by Act No. III of 1968, s. 3. (w.e.f. 21­5­1968). \r\n2Ins., by Act No. XVIII of 1923, s.36. \r\n3Ins. ibid., s. 37. \r\n4Added ibid. \r\n5Subs. ibid., s. 38.  \r\n6Omitted ibid. \r\n \r\nPage 87 of 307 \r\n \r\npolice­station 1[or the police­officer making the investigation if he is not below the rank of \r\nsub­inspector] shall forthwith transmit to the nearest Magistrate a copy of the entries in the diary \r\nhereinafter prescribed relating to the case, and shall at the same time forw ard the accused 2[* *] to \r\nsuch Magistrate. \r\n3[* * * * * * *] \r\n(2) The Magistrate to whom an accused person is forwarded under this section may, \r\nwhether he has or has not jurisdiction to try the case from time to time authorize the detention of the \r\naccused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the \r\nwhole. If he has not jurisdiction to try the case or 4[send] it for trial, and considers further detention \r\nunnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction: \r\n5[Provided that no Magistrate of the third class, and no Magistrate of the second class not \r\nspecially empowered in this behalf by the 6[Provincial Government] shall authorise detention in the \r\ncustody of the police.] \r\n(3) A Magistrate authorizing under this section detention in the custody of the police shall \r\nrecord his reasons for so doing. \r\n7[(4) The Magistrate giving such order shall forward a copy of his order, with his reasons for \r\nmaking it, to the Sessions Judge.] \r\n8[(5) Notwithstanding anything contained in  sections 60 and 61 or hereinbefore to the \r\ncontrary, where  the accused forwarded under sub­section (2) is a female, the Magistrate shall not, \r\nexcept in the  cases involving qatl or dacoity supported by reasons to be recorded in writing, \r\nauthorise the detention of the  accused in police custody, and the police officer making an \r\ninvestigation shall interrogate the  accused referred to in sub­section (1) in the prison in the presenc e \r\nof an officer of jail and a female police­officer. \r\n(6) The officer in charge of the prison shall make appropriate arrangements for the \r\nadmission of the investigating police­officer into the prison for the purpose of interrogating the \r\naccused. \r\n(7) If for the purpose of investigation, it is necessary that the accused referred to in \r\nsub­section (1) be taken out of the prison, the officer incharge of the police station or the \r\npolice­officer making investigation, not below the rank of sub­inspector, shall appl y to the \r\nMagistrate in that behalf and  the Magistrate may, for the reasons to be recorded in writing, permit \r\ntaking of accused out of the prison in the company of a female police officer appointed by the \r\nMagistrate: \r\nProvided that the accused shall not be kept out of the prison while in the custody of the police \r\nbetween sunset and sunrise.] \r\n168. Report of investigation by subordinate police­officer.  When any subordinate \r\npolice­officer has made any investigation under this Chapter, he shall report the result of such \r\ninvestigation to the officer in charge of the police­station. \r\n1Ins. by Act No. XVIII of 1923, s. 37. \r\n2Omitted ibid. \r\n3Omitted by Ord. No. XXXVII of 2001, s.50. \r\n4Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n5Ins. by Act No. XVIII of 1923, s. 38.  \r\n6Subs. by A.O., 1937, for “L.G”. \r\n7Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n8Ins. by Act No. XX of 1994, s. 2. \r\n \r\nPage 88 of 307 \r\n \r\n169. Release of accused when evidence deficient.  If, upon an investigation under this \r\nChapter, it appears to the officer in charge of the police­station 1[or to the police­officer making the \r\ninvestigation] that there is not sufficient evidence or reasonable ground of suspicion to justify the  \r\nforwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him \r\non his executing a bond, with or without sureties, as such officer may direct, to appear, if and when \r\nso required, before a Magistrate empowered to take cognizance of the offence on a police­report and \r\nto try the accused or 2[send] him for trial. \r\n170. Case to be  sent to Magistrate  when evidence is sufficient. __ (1) If, upon an \r\ninvestigation under this Chapter, it appears to the officer in charge of the police­station that there i s \r\nsufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under \r\ncustody to a Magistrate empowered to take cognizance of the offence upon a police­report and to try \r\nthe accused or 2[send] him for trial or, if the offenc e is bailable and the accused is able to give \r\nsecurity, shall take security from him for his appearance before such Magistrate on a day fixed and \r\nfor his attendance from day to day before such Magistrate until otherwise directed. \r\n(2) When the officer in ch arge of a police­station forwards an accused person to a Magistrate \r\nor takes security for his appearance before such Magistrate under this section, he shall send to such \r\nMagistrate any weapon or other article which it may be necessary to produce before him , and shall \r\nrequire the complainant (if any) and so many of the persons who appear to such officer to be \r\nacquainted with the circumstances of the case as he may think necessary, to execute a bond to appear \r\nbefore the Magistrate as thereby directed and pros ecute or give evidence (as the case may be) in the \r\nmatter of the charge against the accused. \r\n(3) 3[* * * * * * *] \r\n(4) 4[* * * * * * *] \r\n(5) The officer in whose presence the bond is executed shall deliver a copy thereof to one of \r\nthe persons who executed it, and shall then send to the Magistrate the original with his report. \r\n171. Complainants and witnesses not to be required to accompany police­officer.  No \r\ncomplainant or witness on his way to the Court of the Magistrate shall be required to accompany a \r\npolice­officer, \r\nComplainents and witnesses not to be subjected to restraint. or shall be subjected to \r\nunnecessary restraint or inconvenience, or required to give any security for his appearance other than \r\nhis own bond: \r\nRecusant complainant  or witness may be forwarded in custody.  Provided that, if any \r\ncomplainant or witness refuses to attend or to execute a bond as directed in section 170, the officer in \r\ncharge of the police­ station may forward him in custody to the Magistrate, who may detain him in \r\ncustody until he executes such bond, or until the hearing of the case is completed. \r\n172. Diary of proceedings in investigation .__(1) Every police­officer making a n \r\ninvestigation under this Chapter shall day by day enter his proceedings in the investigation in a diary, \r\nsetting forth the time at which the information reached him the time at which he began and closed his \r\n \r\n1Ins. by Act No. XVIII of 1923, s. 39. \r\n2Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n3Omitted ibid. \r\n4Rep. by the code of Criminal Procedure (Amdt.) Act 1926 (II of 1926), s. 2. \r\n \r\nPage 89 of 307 \r\n \r\ninvestigation, the place or places visited by him, and a statement of the circumstances ascertained \r\nthrough his investigation. \r\n(2) Any Criminal Court may send for the police­diaries of a case under inquiry or trial in such \r\nCourt, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial. \r\nNeither the accused nor his age nts shall be entitled to call for such diaries, nor shall he or they be \r\nentitled to see them merely because they are referred to by the Court; but, if they are used by the \r\npolice­officer who made them, to refresh his memory, or if the Court, uses them for the purpose of \r\ncontradicting such police­officer, the provisions of the Evidence Act, 1872 (I of 1872), section 161 \r\nor section 145, as the case may be, shall apply. \r\n173. Report of police­officer. __1[(1) Every investigation under this Chapter shall be \r\ncompleted without unnecessary delay, and , as soon as it is completed, the officer in charge of the \r\npolice­station shall 2[,through the Public Prosecutor,]__ \r\n(a) forward to a Magistrate empowered to take cognizance of the offence on a \r\npolice­report a report, in the form prescribed by the 3[Provincial Government], \r\nsetting forth the names of the parties, the nature of the information and the \r\nnames of the persons who appear to be acquainted with the circumstances of \r\nthe case, and stating whether the accused (if arrested) has been forwarded in \r\ncustody, or has been released on his bond, and, if so, whether with or without \r\nsureties, and \r\n(b) communicate, in such manner as may be prescribed by the 3[Provincial \r\nGovernment], the action taken by him to the person, if any , by whom the \r\ninformation relating to the commission of the offence was first given 2[:]] \r\n2[Provided that, where investigation is not completed within a period of fourteen days from \r\nthe date of recording of the first information report under section 154, the officer in charge of the \r\npolice station shall, within three days of the expiration of such period, forward to the Magistrate \r\nthrough the Public Prosecutor, an interim report in the form prescribed by the Provincial Government \r\nstating therein the result  of the investigation made until then and the  Court shall commence the trial \r\non the basis of such interim report, unless, for reasons to be recorded, the Court decides that the trial \r\nshould not so commence.] \r\n(2) Where a superior officer of police has been appointed under section 158, the report \r\nshall, in any cases in which the 3[Provincial Government] by general or special order so directs, be \r\nsubmitted through that officer, and he may, pending the orders of the Magistrate, direct the officer in \r\ncharge of the police­station to make further investigation. \r\n(3) Whenever it appears from a report forwarded under this section that the accused has \r\nbeen released on his bond, the Magistrate shall make such order for the discharge of such bond or \r\notherwise as he thinks fit. \r\n4[(4) A copy of any report forwarded under this section shall, on application, be furnished to \r\nthe accused before the commencement of the inquiry or trial: \r\n \r\n1Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 40. \r\n2Added & subs.by Act No. XXV of 1992, s. 2. \r\n3Subs. by A.O., 1937, for “L.G.”. \r\n4Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 40. \r\n  \r\n \r\nPage 90 of 307 \r\n \r\nProvided that the same shall be paid for unless the Magistrate for some special reason thinks \r\nfit to furnish it free of cost.] \r\n1[(5) Where the officer in charge of a police­station forwards a report under sub­section (1), \r\nhe shall alongwith the report produce the witnesses in the case, except the public servants, and the \r\nMagistrate shall bind such witnesses for appearance before him or some other Court on the date fixed \r\nfor trial.] \r\n174. Police to inquire and report on suicide, etc. __ (1) The officer in charge of a \r\npolice­station or some other police­officer specially empowered by the 2[Provincial Government] in \r\nthat behalf, on receiving information that a person__ \r\n(a) has committed suicide, or \r\n(b) has been killed by another, or by an animal, or by machinery, or by an \r\naccident, or \r\n(c) has died under circumstances raising a reasonable suspicion that some other \r\nperson has committed an offence, \r\nshall immediately give intimation thereof to the nearest Magistrate empowered to hold inquests, and, \r\nunless otherwise directed by any rule prescribed by the 2[Provincial Government], 3[*******]  shall \r\nproceed  to  the place where the body of such deceased person is, and there, in the presence of two or \r\nmore respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report \r\nof the apparent cause of death, describing such wounds, fractures, bruises and other marks of injury \r\nas may be  found on the  body ,  and stating in what manner, or by what weapon or instrument (if \r\nany), such marks appear to have been inflicted. \r\n(2) The report shall be signed by such police­officer and other persons, or by so many  of \r\nthem as concur therein, and shall be forthwith forwarded to the 3[concerned] Magistrate. \r\n(3) When there is any doubt regarding the cause of death, or when f or any other reason \r\nthe police­officer considers it expedient so to do, he shall, subject to suc h rules as the  2[Provincial \r\nGovernment] may prescribe in this behalf, forward the body, with a view to its being examined, to \r\nthe nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the 2[Provincial \r\nGovernment], if the state of the weather and the distance admit of its being so forwarded without risk \r\nof such putrefaction on the road as would render such examination useless. \r\n(4) 4[* * * * * * *] \r\n3[(5) The Magistrates of the first class are empowered to hold inquests.] \r\n5[174A. Grievous injury by burns. __ (1) where a person, grievously injured by burns \r\nthrough fire, kerosene oil, acid, chemical or by any other way, is brought to a Medical Officer on \r\nduty designated by the Provincial Government for this purpose or, such incident is reported to the \r\n \r\n \r\n1Added by Act No. XXV of 1992, S. 2. \r\n2Subs. by A.O., 1937, for “L.G”. \r\n3 Omitted and Subs. by Ord. No. XXXVII of 2001, S. 51. \r\n4Omitted by A.O., 1949, Sch. \r\n5Ins. by Ord. No. LXIV of 2001, s.2. \r\n \r\nPage 91 of 307 \r\n \r\nOfficer­in­Charge of a Police Station, such Medical Officer on duty, or, as the case may be, \r\nOfficer­in­Charge of  a Police Station, shall immediately give intimation thereof to the nearest \r\nMagistrates Simultaneously, the Medical Officer on duty shall record the statement of the injured \r\nperson immediately on arrival so as to ascertain the circumstances and cause of the burn injuries. The \r\nstatement shall also be recorded by the Magistrate in case the injured person is still in a position to \r\nmake the statement. \r\n(2) The Medical Officer on duty, or, as th e case may be, the Magistrate, before recording \r\nthe statement under sub­section (1), shall satisfy himself that the injured person is not under any \r\nthreat or duress. The statement so recorded shall be forwarded to the Session Judge and also to the \r\nDistrict Superintendent of Police and Officer­in­Charge of the Police Station, for such action as may \r\nbe necessary under this Code. \r\n(3) If the injured person is unable, for any reason, to make the statement, before the \r\nMagistrate, his statement recorded by the Medical Officer on duty under sub­section (1) shall be sent \r\nin sealed cover to the Magistrate or the trial court if it is other than the Magistrate and may be \r\naccepted in evidence as a dying declaration if the injured person expires.] \r\n175. Power to summon persons.__ (1) A police­officer proceeding under section 174 may, \r\nby order in  writing summon two or more persons as aforesaid for the purpose of the said \r\ninvestigation, and any other person who appears to be ac quainted with the facts of the case. Every \r\nperson so summoned shall be bound to attend and to answer truly all questions other than questions \r\nthe answers to which would have a tendency to expose him to a criminal charge, or to a penalty or \r\nforfeiture. \r\n(2) If the facts do not disclose a cognizable offe nce to which section 170 applies, such \r\npersons shall not be required by the police­officer to attend a Magistrate’s Court. \r\n176. Inquiry by Magistrate into cause of death. __ (1) When any person dies while in the \r\ncustody of the police, the nearest Magistrate empowered to hold inquests shall, and, in any other case \r\nmentioned in section 174, clauses (a), (b) and (c) of sub­section (1), any Magistrate so empowered \r\nmay hold an inquiry  into the cause of death either instead of, or in addition to, the investigatio n held \r\nby the police­officer, and if he does so, he shall have all the powers in conducting it which he would \r\nhave in holding an inquiry into an offence. The Magistrate holding such an inquiry shall record the \r\nevidence taken by him in connection therewith in any of the manners hereinafter prescribed \r\naccording to the circumstances of the case. \r\n(2) Power to disinter corpses. Whenever such Magistrate considers it expedient to make \r\nan examination of the dead body of any person who has been already interred, in order to discover \r\nthe cause of his death, the Magistrate may, cause the body to be disinterred and examined. \r\nPART VI \r\nPROCEEDINGS IN PROSECUTIONS \r\n______ \r\n \r\nCHAPTER XV \r\nOF THE JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS. \r\nA.__ Place of Inquiry or Trial \r\n  \r\n \r\nPage 92 of 307 \r\n \r\n177. Ordinary place of inquiry and trial.  Every offence shall ordinarily be inquired into \r\nand tried by a Court within the local limits of whose jurisdiction it was committed. \r\n178. Power to order cases to be tried in different sessions divisions.  Notwithstanding \r\nanything contained in section 177, the 1[Provincial Government] may direct that any cases or class of \r\ncases 2[in any district sent for trial to a Court of Session may be tried in any sessions division]: \r\n3[Provided that such direction is not repugnant to any direction previously issued by the High \r\nCourt under section 526 of this Code or any other law for the time being in force.] \r\n179. Accused triable in, district where act is done or where consequence ensues.  When \r\na person is accused of the Co mmission of any offence by reason of anything which has been done, \r\nand of any consequence which has ensued, such offence may be inquired into or tried by a Court \r\nwithin the local limits of whose jurisdiction any such thing has been done, or any such conseq uence \r\nhas ensued. \r\nIllustrations \r\n(a) A is wounded within the local limits of the jurisdiction of Court X, and dies within the \r\nlocal limits of the jurisdiction of Court Z. The offence of the culpable homicide of A \r\nmay be inquired into or tried by X or Z. \r\n(b) A is wounded within the local limits of the jurisdiction of Court X, and is, during ten \r\ndays within the local limits of the jurisdiction of Court Y, and during ten days more \r\nwithin the local limits of the jurisdiction of Court Z, unable in the local limit s of the \r\njurisdiction of either Court Y, or Court Z, to follow his ordinary pursuits. The offence \r\nof causing grievous hurt to A may be inquired into or tried by X, Y or Z. \r\n(c) A is put in fear of injury within the local limits of the jurisdiction of Court X, and is \r\nthereby induced, within the local limits of the jurisdiction of Court Y, to deliver \r\nproperty to the person who put him in fear. The offence of extortion committed on A \r\nmay be inquired into or tried either by X or Y. \r\n(d) A is wounded in the 4[State of Junagadh], and dies of his wounds in 5[Karachi].  The \r\noffence of causing A’s death may be inquired into and tried in 5[Karachi]. \r\n180. Place of trial where act is offence by reason of relation to other offence.  When an \r\nact is an offence by reason of its relation to any other act which is also an offence or which would be \r\nan offence if the doer were capable of committing an offence, a charge of the first­mentioned offence \r\nmay be inquired into or tried by a Court within the local limits of whose jurisdict ion either act was \r\ndone. \r\n \r\n \r\n \r\n1Subs. by A.O., 1937, for “L.G”. \r\n2Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2. and Sch. \r\n3Subs. ibid. (for further clarity on this provision, the original source i.e. the Gazette Notification of Law Refo rms Ordinance, 1972 (XII of 1972 ), s. 2 \r\nand Sch., item 198 may be perused. \r\n4Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955). \r\n5Subs. ibid.  \r\n  \r\n \r\nPage 93 of 307 \r\n \r\nIllustrations \r\n(a) A charge of abetment may be inquired into or tried either by the Court within the local \r\nlimits of whose jurisdiction the abetment was committed, or by the Court within the \r\nlocal limits of whose jurisdiction the offence abetted was committed. \r\n(b) A charge of receiving or retaining stolen goods may be inquired into or tried either by \r\nthe Court within the local limits of whose jurisdiction the goods were stolen, or by \r\nany Court within the local limits of whose jurisdiction any of them were at any time \r\ndishonestly received or retained. \r\n(c) A charge of wrongfully concealing a person known to have been Kidnapped may be \r\ninquire into or tried by the Court within the local limits of whose jurisdiction the \r\nwrongful concealing, or by the Court within the local limits of whose juri sdiction the \r\nkidnapping, took place. \r\n \r\n181. Being a thug or belonging to a gang of dacoits, escape from custody, etc. __ (1) The \r\noffence of being a thug, of being a thug and committing murder, of dacoity, of dacoity with murder, \r\nof having belonged to a gang of dacoits, or of having escaped from custody, may be inquired into or \r\ntried by a Court within the local limits of whose jurisdiction the person charged is. \r\n(2) Criminal misappropriation and criminal breach of trust.  The offence of criminal \r\nmisappropriation or of criminal breach of trust may be inquired into or tried by a Court within the \r\nlocal limits of whose jurisdiction any part of the property which is the subject of the offence was \r\nreceived or retained by the accused person, or the offence was committed.  \r\n1[(3) Theft.  The offence of theft, or any offence which includes theft or the possession of \r\nstolen property, may be inquired into or tried by a Court within the local limits of whose jurisdiction \r\nsuch offence was committed or the property stolen was possessed by the thief or by any person who \r\nreceived or retained the same knowing or having reason to believe it to be stolen.] \r\n(4) Kidnapping and abduction.  The offence of kidnapping or abduction may be inquired \r\ninto or tried by a Court within the local l imits of whose jurisdiction the person kidnapped or \r\nabducted was kidnapped or abducted or was conveyed or concealed or detained. \r\n182. Place of inquiry or trial where scene of offence is uncertain or not in one district \r\nonly or where offence is continuing o r consists of several acts.  When it is uncertain in which of \r\nseveral local areas an offence was committed, or \r\nwhere an offence is committed partly in one local area and partly in another, or \r\nwhere an offence is a continuing one, and continues to be committ ed in more local areas than \r\none, or  \r\nwhere it consists of several acts done in different local areas, it may be inquired into or tried \r\nby a Court having jurisdiction over any of such local areas. \r\n \r\n \r\n1Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 42. \r\n  \r\n \r\nPage 94 of 307 \r\n \r\n183. Offence committed on a journey. An offence committed whilst the offender is in the \r\ncourse of performing a journey or voyage may be inquired into or tried by a Court through or into the \r\nlocal limits of whose jurisdiction the offender, or the person against whom, or the thing in respect of \r\nwhich, the offence was committed, passed in the course of that journey or voyage. \r\n184. [Offences against Railway, Telegraph, Post Office and Arms Acts.] Rep. by the \r\nFederal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), s. 3 and Second Schedule. \r\n \r\n1[185. High Court to decide, in case of doubt, district where inquiry or trial shall take \r\nplace.__ (1) Whenever a question arise s as to which of two or more Co urts subordinate to the same \r\nHigh Court ought to inquire into or try any offence, it shall be decided by that High Court. \r\n(2) Where two or more Courts not subordinate to the same High Court have taken \r\ncognizance of the same offence, the High Court within t he local limits of whose appellate criminal \r\njurisdiction the proceedings were first commenced, may direct the trial of such offender to be held in \r\nany Court subordinate to it, and if it so decides all other proceedings against such person in respect \r\nof such offence shall be discontinued. If such High Court, upon the matter having been brought to its \r\nnotice, does not so decide, any other High Court, within the local limits of whose appellate criminal \r\njurisdiction such proceedings are pending may give a like direction, and upon its so doing all other \r\nsuch proceedings shall be discontinued.] \r\n186. Power to issue summons or warrant for offence committed beyond local \r\njurisdiction. Magistrate’s procedure on arrest.__(1) When 2[*  *  *], 3[*  *  * * * * *] a Magistrate \r\nof the first class, sees reason to  believe that any person within the local limits of his jurisdiction has \r\ncommitted without such limits (whether within or without  4[Pakistan]) an offence which cannot, \r\nunder the provisions of sections 177 to 184  (both  inclusive), or any other law for the time being in \r\nforce, be inquired into or tried within  such local  limits, but is under some law for the time being in \r\nforce triable in 4[Pakistan], such Magistrate may inquire into the offence as if it  had  been committed \r\nwithin such local limits  and compel such person  in manner hereinbefore provided to appear before \r\nhim,  and send such person to the  Magistrate having jurisdiction to inquire into or try such offence, \r\nor, if  such offence  is  bailable,  take  a  bond with or without sureties for his appearance before such \r\nMagistrate. \r\n(2) When there are more Magistrates then one having such jurisdiction and the Magistrate \r\nacting under this section cannot satisfy himself as to the Magistrate to or before who m such person \r\nshould be sent or bound to appear, the case shall be reported for the orders of the High Court. \r\n187. Procedure where  warrant  issued  by subordinate Magistrate. __(1) If the person \r\nhas been arrested under a warrant issued under section 186 5[,the Magistrate issuing the warrant shall  \r\nsend the arrested person to the Sessions Judge] to whom he is sub­ordinate, unless the Magistrate \r\nhaving jurisdiction to inquire into or try such offence issues his warrant  for  the  arrest  of  such  \r\nperson, in  which case the person arrested shall be delivered to the police­officer executing such \r\nwarrant or shall be sent to the Magistrate by whom such warrant was issued. \r\n \r\n1Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 43. \r\n2Omitted by A.O., 1949, Sch. \r\n3Omitted by Ord. No. XXXVII of 2001, s. 52. \r\n4Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955). \r\n5Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch.  \r\n  \r\n \r\nPage 95 of 307 \r\n \r\n(2) If the offence which the person arrested is alleged or suspected to have committed is \r\none which may be inquired into or tried by any Criminal Court in the same district other than that of \r\nthe Magistrate acting under section 186, such Magistrate shall send person to such Court. \r\n188. 1[Liability for offences committed outside Pakistan. ] When a 2[citizen of Pakistan] \r\ncommits an offence at any place without and beyond the limits of 3[Pakistan], or \r\n4[* * * * * * *] \r\nwhen a servant of the 5[State (whether a citizen of Pakistan or not)] commits an offence in 6[a \r\ntribal area],7[ or \r\nwhen any person commits an offence on any ship or aircraft registered in 3[Pakistan] \r\nwherever it may be,] \r\nhe may be dealt with in respect of such offence as if it had been committed at any place \r\nwithin 3[Pakistan] at which he may be found: \r\nPolitical Agents to certify fitness of inquiry into charge.  Provided that 8[notwithstanding \r\nanything in any of the preceding sections of this Chapter] no cha rge as to any such offence shall be \r\ninquired into in 3[Pakistan] unless the Political Agent, if there is one, for the territory in which the \r\noffence is alleged to have been committed, certifies that, in his opinion, the charge ought to be \r\ninquired into in 3[Pakistan]; and, where there is no Political Agent, the sanction of the 9[Federal \r\nGovernment] shall be required: \r\nProvided, also, that any proceedings taken against any person under this section which would \r\nbe a bar to subsequent proceedings against such person for the same offence if such offence had been \r\ncommitted in 3[Pakistan] shall be a bar to further proceedings against him under 10[the 11[Extradition \r\nAct, 1972 (XXI of 1972)]], in respect of the same offence in any territory beyond the limits of \r\n3[Pakistan]. \r\n189. Power to direct copies of depositions and exhibits to be received in evidence.  \r\nWhenever any such offence as is referred to in section 188 is being inquired into or tried, the  \r\n12[Provincial Government]  may, if it  thinks fit, direct that copies of depositions made or exhibits \r\nproduced before the Political Agent  or  a judicial officer in or for the territory in which such offence \r\nis alleged to have been committed shall be received as evidence by the Court holding such inquiry or \r\ntrial in any case in which such Court might issue a commission for taking evidence as to the matters \r\nto which such depositions or exhibits relate. \r\n \r\n \r\n1Subs. by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956). \r\n2Subs. ibid. \r\n3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s. 2 and 2nd Sch. (with effect from the 14th October, 1955).  \r\n4Omitted by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956). \r\n5Subs. by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956). \r\n6Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XVII of 1981), s.2 and Second Sch. \r\n7Ins. by the offences on Ships and Aircraft Act, 1940 (IV of 1940), s. 3. \r\n8Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 44. \r\n9Subs. by F.A.O., 1975, Art. 2 and Sch.  \r\n10Subs. by the Repealing and Amending Act, 1927 (X of 1927), s.2 and Sch. I.  \r\n11Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XVII of 1981), s.2 and Second Sch. \r\n12Subs. by A.O., 1937, for “L.G.”. \r\n \r\n \r\n \r\nPage 96 of 307 \r\n \r\nB.__ Conditions requisite for Initiation of Proceedings \r\n190. Cognizance of offences by Magistrates. __ 1[(1) All Magistrates of the first class, or any \r\nother Magistrate specially empowered by the Provincial Government on the recommendation of the High \r\nCourt, may take cognizance of any offence__ \r\n(a) upon receiving a complaint of facts which constitute such offence; \r\n(b) upon a report in writing of such facts made by any police officer; \r\n(c) upon information received from any person other than a police officer, or upon his \r\nown knowledge or suspicion \r\n that such offence has been committed which he may try or send to the Court of Sessions \r\nfor trial.] \r\n 2[1[(2)] A Magistrate taking cognizance under sub-section (1) of an offence triable exclusively by \r\na Court of Session shall, without recording any evidence, send the case to the Court of Session for trial.] \r\n3[191. Transfer on application of the accused.__ When a Magistrate takes cognizance of an \r\noffence under sub­section (1), clause (c) of the preceding section, the accused shall, before any evidence \r\nis taken, be informed that he is entitled to have the case  tried by another Court, and, if  the  accused, or \r\nany of the  accused if there be more than one, objects to being tried by such Magistrate, the case shall, \r\ninstead of being tried by such Magistrate, be sent to 4[1[* * *] to the Sessions Judge 1[* * *]] for  transfer  \r\nto  another  Magistrate.] \r\n1[192.  T ransfer of cases. __ A  Session s Judge  may  empower  any  Judicial  Magistrate,  who  \r\nhas  taken  cognizance of any case, to transfer such case for trial to any other Judicial Magistrate in  his \r\ndistrict, and  such Magistrate may dispose of the case accordingly.] \r\n193. Cognizance of offences by Courts of Session. __ (1) Except as otherwise expressly \r\nprovided by this Code  or  by  any  other  law for  the  time  being in  force,  no  Court  of  Session  5shall \r\ntake  cognizance  of  any offence as a Court  of original jurisdiction, 6[unless the case has been sent to it \r\nunder section 190, sub­section 1[(2)]. \r\n(2) Additional Sessions Judges and Assistant Sessions Judges shall try such cases only as the \r\n7[Provincial Government] by general or special order may direct them to try, or 8[*   *   *] as the Sessions \r\nJudge of the division, by general or special order, may make over to them for trial. \r\n194. Cognizance of offences by High Court. __ (1) The High Court may take cognizance of \r\nany offence 9[* * *] in manner hereinafter provided. \r\n10[Nothing herein contained shall be deemed to affect the provisions of any Letters Patent or \r\nOrder by which a High Court is constituted or continued, or any other provision of this Code.] \r\n11[* * * * * * *] \r\n195. 12[(1) No Court shall take cognizance__ \r\n1Subs., re­numberred and omitted by Ord. No. XXXVII of 2001, s. 53­56. \r\n2Subs. by the Law Reforms Ord. 1972 (XII of 1972), s. 2 and Sch. \r\n3Subs. and omitted by Ord. No. XII of 1972, s.2 and Sch. \r\n4Subs. by the Legal Reforms Act, 1997 (XXIII of 1997), s. 3 item (14). \r\n5As to procedure of courts of se ssion in Balochistan, see British Balochistan Crinimal Justice Regulation, 1896(8 of 1896). This Procedure, however, \r\ndoes not affect the code in its application to European British Subjects, see the regulation referred to. \r\n6Subs. by Ordinance No. XII of 1972, s. 2 and Sch. \r\n7Subs. by A.O., 1937, for “L.G.”. \r\n8Omitted by the code of criminal proceudre (Amdt.) Act, 1923 (XVIII of 1923), s.46. \r\n9Omitted by Ordinance No. XII of 1972, s.2 and Sch. \r\n10Subs. by the Central Laws (Statute Reform) ord., 1960 (XXI of 1960), s.3. and 2nd sch. (w.e.f 14­10­1955).  \r\n11Omitted by Federal Laws (Revision and Declaration) Ordinance, 1981(XXVII of 1981), s. 3 and Second Sch. \r\n12Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 47. \r\n \r\n \r\nPage 97 of 307 \r\n \r\n(a) Prosecution for contempt of lawful authority of public servants. of any \r\noffence punishable under sections 172 to 1[187] of the Pakistan Penal Code \r\n(XLV of 1860), except on the complaint in writing of the public servant \r\nconcerned, or of some other public servant to whom he is subordinate; \r\n \r\n(b) Prosecution for certain offences against public justice . of any offence \r\npunishable under any of the following sections of the same Code, namely, \r\nsections 193, 194, 195, 196, 199, 200, 205, 206, 207, 208, 209, 210, 211 and \r\n228, when such offence is alleged to have been committed in, or in relation to, \r\nany proceeding in any Court, except on the complaint in writing of such Court \r\nor of some other Court to which such Court is subordinate; or \r\n \r\n \r\n(c) Prosecution for certain offences relating to documents given in evidence . \r\nof any offence described in section 463 or punishable under section 471 , \r\nsection 475 or section 476 of the same Code, when such offence is alleged to \r\nhave been committed by a party   to any proceeding in any Court in respect of \r\na document produced or given in evidence in such proceeding, except on the \r\ncomplaint in writing of such Court, or of some other Court to which such \r\nCourt is subordinate.]  \r\n \r\n(2) In clauses (b) and (c) of sub­section (1), the term “Court” 2[includes] a Civil, Revenue \r\nor Criminal Court, but does not include a Registrar or Sub­Registrar under the 3[Registration Act, \r\n1908]4[(XVI of 1908)]. \r\n \r\n4[(3) For the purposes of this section, a Court shall be deemed to be subordinate to the Court \r\nto which appeals ordinarily lie from the appealable decrees or sentences of such former Court, or in \r\nthe case of a Civ il Court from whose decrees no appeal ordinarily lies , to the principal Court having \r\nordinary original civil jurisdiction within the local limits of whose jurisdiction such Civil Court is \r\nsituate: \r\n \r\n \r\nProvided that__ \r\n \r\n(a) where appeals lie to more than one C ourt, the Appellate Court of inferior \r\njurisdiction shall be the Court to which such Court shall be deemed to be \r\nsubordinate; and \r\n \r\n(b) where appeals lie to a Civil and also to a Revenue Court, such Court shall be \r\ndeemed to be subordinate to the Civil or Rev enue Court according to the \r\nnature of the case or proceeding in connection with which the offence is \r\nalleged to have been committed.] \r\n \r\n6[(4)] The provisions of sub­section (1), with reference to the offences named therein, apply \r\nalso to 7[criminal conspiracies to commit such offences and to] the abetment of such offences, and \r\nattempts to commit them. \r\n (4) 8[* * * * * * *] \r\n (5) 8[* * * * * * *] \r\n (6) 8[* * * * * * *] \r\n \r\n1Subs. by Act XXXIX of 2022, s. 2. \r\n2Subs. by Act No. XVIII of 1923.  \r\n3Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n4Subs. ibid., item (199). \r\n5Subs. by Act No. XVIII of 1923, s. 47, for the original sub­section (7), renumbered as sub­section (3). \r\n6Re­numbered by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923) s. 47. \r\n7Ins. by the Criminal Law Amendement Act, 1913 (VIII of 1913), s. 4. \r\n8Omitted by Act No. XVIII of 1923, s. 47.\r\n  \r\n \r\nPage 98 of 307 \r\n \r\n1[(5) Where a complaint has been made under sub­section (1), clause (a), by a public \r\nservant, any authority to which such p ublic servant is subordinate may order the withdrawal of the \r\ncomplaint and, if it does so, it shall forward a copy of such order to the Court and, upon receipt \r\nthereof by the Court, no further proceedings shall be taken on the complaint.] \r\n2[196.  Prosecution for offences against the State.   No Court shall take cognizance of any \r\noffence punishable under Chapter VI 3[or IXA] of the Pakistan Penal Code (XLV of 1860) (except \r\nsection 127), or punishable under section 108A, or section 153A, or section 294A, 4[or section 295A] \r\nor section 505 of the same Code, unless upon complaint made by order of, or under authority from, 5[ \r\n6[Federal Government], or the Provincial Government concerned, or some officer empowered in this \r\nbehalf by either of the two Governments.] \r\n7[196A. Prosecution for certain classes of criminal conspiracy.  No Court shall take \r\ncognizance of the offence of criminal conspiracy punishable under section 120B of the Pakistan \r\nPenal Code, (XLV of 1860), \r\n(1) in a case where the object of the conspiracy is to commit either an illegal act other \r\nthan an offence, or a legal act by illegal means, or an offence to which the provisions of section 196 \r\napply, unless upon complaint made by order or under authority from 5[6[Federal Government], or the \r\nProvincial Government concerned, or some officer empowered in this behalf by  either of the two \r\nGovernments,] or \r\n(2) in a case where the object of the conspiracy is to commit any non­cognizable offence, \r\nor a cognizable offence not punishable with death, 8[imprisonment for life] or rigorous imprisonment \r\nfor a term of two  years or upwards, unless the 9[Provincial Government], or 10[a] 11[*  *  * ] \r\n10[Officer­in­charge  of  the prosecution in the district] empowered in this behalf by the 9[Provincial \r\nGovernment], has, by order  in writing, consented to the initiation of the proceedings: \r\nProvided that where the criminal conspiracy is one to which the provisions of sub­section \r\n12[(4)] of section 195 apply no such consent shall be necessary.] \r\n13[196B.  Preliminary inquiry in certain cases.   In the case of any offence in respect of \r\nwhich the provisions of section 196 or section 196A apply, 10[officer­in­charge of the investigation \r\nin the district] 14*  *  * may, notwithstanding anything contained in those sections or in any other part \r\nof this Code, order a preliminary investigation by a police­officer not being below the rank of \r\nInspector, in which case such police­officer shall have the powers referred to in section 155, \r\nsub­section (3).] \r\n \r\n1Ins. by Act No. XVIII of 1923, s. 47. \r\n2This section has been amended in Sind by the Code of Criminal Procedure (Sind Amdt.) Act, 1947 (Sind Act 43 of 1947), and in the N.W.F.P by the \r\nCriminal Procedure (Election Offences) (N.W.F.P. Amdt.) Act, 1938 (N.W.F.P. Act 8 of 1938). \r\nIn the Punjab this section has been amnended by the Punjab Criminal Procedure (Election Offences Amdt.) Act, 1936 (Punjab I of 1936). \r\n3Ins. by the Indian Elections Offences and Inquiries Act, 1920 (XXXIX of 1920), s.3. \r\n4Ins. by the Criminal Law Amendment Act, 1927 (XXV of 1927), s. 3. \r\n5The original words “the G.G. in C., the L.G., or some officer empowered by the G.G. in C. in this behalf” have successively been amended by A.O., \r\n1937 and the Code of Criminal Procedure (Amdt.) Ordinance, 1960 (XLVIII of 1960), ss. 2 and 3, respectively, to read as above. \r\n6Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\n7Ins. by the Criminal Law Amendment Act, 1913 (VIII of 1913) s. 5. \r\n8Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s.2 and Sch. (w.e.f 13­4­72). \r\n9Subs. by A.O., 1937, for “L.G.”. \r\n10Subs. by Ord. No. XXXVII of 2001, ss. 57­58. \r\n11Omitted by A.O., 1949, Sch. \r\n12Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s.48.  \r\n13Ins. ibid., s. 49. \r\n14Omitted by A.O., 1949, Sch. \r\n \r\n \r\nPage 99 of 307 \r\n \r\n197. Prosecution of Judges and public servants. __ 1[(1) When any person who is a  Judge  \r\nwithin the meaning of section 19 of the Pakistan Penal Code ( XLV of 1860 ), or when any \r\nMagistrate, or when any public  servant  who  is  not  removable  from  his  office  save  by  or  with  \r\nthe  sanction  of  2[the  3[Federal Government] or a Provincial Government], is accused of any \r\noffence alleged  to have  been committed by  him while acting or purporting to act in the discharge of \r\nhis official duty, no Court shall take cognizance of such offence except with the 4[previous sanction__ \r\n(a) in the case of a person employed in connection with the affairs of the \r\n5[Federation] of the 6[President] 7[*  *  *] ; and \r\n(b) in the case of a person employed in connection with the affairs of a Province, \r\nof the Governor of that Province 7[*  *  *]]. \r\n(2) Power of President or Governor as to prosecution .  8[The 6[President] or Governor, as \r\nthe case may be, 7[* * * ] may determine the person by whom, the manner in which, the offence or \r\noffences for which, the prosecution of such Judge, 9[Magistrate] or public servant is to be conducted, \r\nand may specify the Court before which the trial is to be held. \r\n(3)  10[* * * * * * *] \r\n11198. Prosecution for breach of contract, defamation and offences against marriage.  \r\nNo Court  shall take cognizance of an offence falling under Chapter XIX or Chapter XXI of the \r\nPakistan Penal Code (XLV of 1860) or under sections 493 to 496 (both inclusi ve) of the same Code, \r\nexcept upon a complaint  made by some person aggrieved by such offence: \r\n12[Provided that, where the person so aggrieved is a woman who, according to the customs \r\nand manners of the country, ought not to be compelled to appear in public , or where such person is \r\nunder the age of eighteen years or is an idiot or lunatic, or is from sickness or infirmity unable to \r\nmake a complaint, some other person may, with the leave of the Court, make a complaint on his or \r\nher behalf:] \r\n13[Provided further that where the husband aggrieved by an offence under section 494 of the \r\nsaid Code is serving in any of 14[the armed forces of Pakistan] under conditions which are certified \r\nby 15[the Commanding Officer] as precluding him from obtaining leave of absence t o enable him to \r\nmake a complaint in person, some other person authorised by the husband in accordance with the \r\nprovisions of sub­section of section 199B may, with the leave of the Court, make a complaint on his \r\nbehalf.] \r\n \r\n \r\n1Subs. by Act No. XVIII of 1923, s. 50.  \r\n2Subs. by A.O., 1949, Sch. \r\n3Subs. by F.A.O., 1975, Art. 2 and Table.  \r\n4Subs. by A.O., 1937. \r\n5Subs. by F.A.O., 1975, Art. 2 and Table.  \r\n6Subs. by A.O., 1961, Art. 2. (with effect from the 23rd March, 1956). \r\n7Omitted by G.G.O. XX of 1947, Art. 6. \r\n8Subs. by A.O., 1937.  \r\n9Ins. by Act No. XVIII of 1923, s. 50. \r\n10Omitted by A.O., 1949, Sch.   \r\n11This section has been amended in the N.W.F.P. by the N.W.F.P. Act No. 26 of 1950, s. 11.  \r\n12Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 51. \r\n13Added by the Code of Criminal Procedure (Second Amdt.) Act, 1943 (XXVIII of 1943), s.2. \r\n14Subs. by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956). \r\n15Subs. ibid. \r\n  \r\n \r\nPage 100 of 307 \r\n \r\n1[198A.  Prosecution  for  defamation  against  publ ic  servants  in  respect  of  their  \r\nconduct  in  the discharge  of public functions.__ (1)  Notwithstanding anything contained  in  this  \r\nCode,  when  any offence  falling under Chapter XXI of the Pakistan Penal Code ( XLV of 1860 ) is \r\nalleged to have be en committed against the President, the Prime Minister, a Federal Minister, \r\nMinister of State, Governor, Chief Minister or Provincial Minister or any public servant employed in \r\nconnection with the affairs of the Federation or of a Province, in respect of his  conduct in the \r\ndischarge of his public functions, a Court of Session may take cognizance of such offence, without \r\nthe accused being committed to it for trial, upon a complaint in writing made by the Public \r\nProsecutor. \r\n(2) Every such complaint shall set forth the facts which constitute the offence alleged, the \r\nnature of such offence and such other particulars as are reasonably sufficient to give notice to the \r\naccused of the offence alleged to have been committed by him. \r\n(3) No complaint under sub­section (1 ) shall be made by the Public Prosecutor except \r\nwith the previous sanction,__ \r\n(a) in the case of the President or the Prime Minister or a Governor, o f any \r\nSecretary to the Government authorised by him in this behalf; \r\n(b) in the case of a Federal Minister o r Minister of State, Chief Minister or \r\nProvincial Minister, of any Secretary to the Government authorised in this \r\nbehalf by the Government concerned; \r\n(c) in the case of any public servant employed in connection with the affairs of the \r\nFederation or of a Province, of the Government concerned. \r\n(4) No Court of Session shall take cognizance of an offence under sub­section (1), unless \r\nthe complaint   is made within six months from the date on which the offence is alleged to have been \r\ncommitted. \r\n(5) When the Court of Session takes cognizance of an offence under sub­section (1), then, \r\nnotwithstanding anything contained in this Code, the Court of Session shall try the case without the \r\naid of a jury or assessors and in trying the case shall follow the procedure presc ribed for the trial by \r\nMagistrates of warrant cases instituted otherwise than on a police report. \r\n(6) The provisions of this section shall be in addition to, and not in derogation of, those of \r\nsection 198.] \r\n2199. Prosecution for adultery or enticing a marr ied woman.  3[No Court shall take \r\ncognizance of an offence under section 497 or section 498 of the Pakistan Penal Code,  \r\nexcept__ \r\n(a) upon a report in writing made by a police­officer on the complaint of the \r\nhusband of the woman, or in his absence, by some person who had care of \r\nsuch woman on his behalf at the time when such offence was committed; or \r\n(b) upon a complaint made by the husband of the woman or, in his absence, made \r\nwith the leave of the Court by some person who had care of such woman on \r\nhis behalf at the time when such offence was committed.] \r\n \r\n1Ins. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s.2 and Sch. (w.e.f. 13­4­1974). \r\n2S. 199 has been omitted in the N.W.F.P. by the N.W.F.P. Act 26 of 1950, s.12. \r\n3Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n \r\nPage 101 of 307 \r\n \r\n1[Provided that, where such husband is under the age of eighteen years, or is an idiot or \r\nlunatic, or is from sickness or infirmity unable to make a complaint, some other person may, with the \r\nleave of the Court, make a complaint on his behalf:] \r\n2[Provided further that where such husband is serving in any of 3[the armed forces of \r\nPakistan] under conditions which are certified by his Commanding Officer as precluding him from \r\nobtaining  leave  of absence to enable him to make a complaint in  person, and where  for any reason \r\nno complaint  has been  made by a person having care of the woman as aforesaid, some other person \r\nauthorised by the husband in accordance with the provisions of sub­section (1) of sec tion 199B may, \r\nwith the leave of the Court, make a complaint on his behalf.] \r\n4[199A. Objection by lawful guardian to complaint by person other than person \r\naggrived. When in any case falling under section 198 or section 199, the person on whose behalf the \r\ncomplaint is sought to be made is under the age of eighteen years or is a lunatic, and the person \r\napplying for leave has not been appointed or declared by competent authority to be the guardian of \r\nthe person of the said minor  or lunatic, and the Court is s atisfied that there is a guardian so \r\nappointed or declared, notice shall be given to such guardian, and the Court shall, before granting the \r\napplication, give him a reasonable opportunity of objecting to the granting thereof.] \r\n5[199B. Form of authorisation  under second proviso to section 198 or 199. __ (1) The \r\nauthorisation of  a husband given to another person to make a complaint on his  behalf under the  \r\nsecond proviso to section  198 or the second proviso to section 199 shall be in writing, shall be \r\nsigned or otherwise attested by the husband, shall contain a statement to the effect that he has been \r\ninformed of the allegations upon which the complaint is to be founded, shall be countersigned by the  \r\nOfficer referred to in  the  said provisos, and shall be a ccompanied by a certificate signed by that \r\nOfficer to the effect that leave of absence for the purpose of making a complaint in person cannot for \r\nthe time being be granted to the husband. \r\n(2) Any document purporting to be such an authorisation and complyin g with the provisions \r\nof sub­section (1), and any document purporting to be a certificate required by that sub­section shall, \r\nunless the contrary is proved, be presumed to be genuine, and shall be received in evidence.] \r\n         ______ \r\nCHAPTER XVI \r\nOF COMPLAINTS TO MAGISTRATES \r\n200. Examination of complainant.__ 6[(1)] 7[* * *], a Magistrate taking cognizance of an \r\noffence on complaint shall at once examine the complainant upon oath, and the substance of the \r\nexamination shall be reduced to writing and shal l be signed by the complainant, and also by the \r\nMagistrate : \r\n \r\n1Ins. by Act No. XVIII of 1923, s. 52. \r\n2Added by Act No. XXVIII of 1943, s. 3. \r\n3Subs. by A.O., 1961, Art. 2 and Sch. (with effect from 23rd March, 1956). \r\n4Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 53. This section has been amended in  the N.W.F.P. by the N.W.F.P. \r\nAct 26 of 1950, s.  13. \r\n5Ins. by the Code of Criminal Procedure (Second Amdt.) Act 1943, (XXVIII of 1943), s. 4. This section has been omitted in the N.W.F.P. by the \r\nN.W.F.P. Act 26 of 1950, s.  13. \r\n6Re-numbered by Act XVII of 2017, s.3, only for ICT when notified. \r\n7Omitted by Act No. XVIII of 1923, s. 54. \r\n  \r\n \r\nPage 102 of 307 \r\n \r\nProvided as follows:__ \r\n(a) when the complaint is made in writing, nothing herein contained shall be deemed to \r\nrequire a Magistrate to examine the complainant before transferring the case under \r\nsection 192 1[, or sending it to the Court of Session] ; \r\n2[(aa)  when the complaint is mad e in writing , nothing herein contained shall be deemed to \r\nrequire the examination of a complainant in any case in which the complaint has been \r\nmade by a Court or by a public servant acting or purporting to act in the discharge of \r\nhis official duties;] \r\n(b) 4[* * * * * * *] \r\n3[(b) Where a complainant is a Court or a public servant, the Court or a public servant, \r\nas the case may be, shall not be liable to adjournment costs under sub-section (2)] \r\n (c)  when the case has been transferred under section 192 and the  Magistrate so \r\ntransferring it has already examined the complainant, the Magistrate to whom it is so \r\ntransferred shall not be bound to re­examine the complainant. \r\n3[(2) Subject to provisions of section 344, if on the date fixed for hearing in any proceedin gs, a \r\nparty to a case or any other person, despite service of notice, fails to appear or comply with any order of the \r\nCourt or mandatory provision of the code or any other law for the time being in force, seeks an \r\nadjournment for such purpose, the Court ma y, for sufficient cause and reasons to be recorded, grant such \r\nadjournment on the condition that such party or person shall pay to the other party, adjournment costs \r\nwhich shall not be less than ten thousand rupees per adjournment or such higher amount as may be \r\nprescribed from time to time.]  \r\n201. Procedure by Magistrate not competent to take cognizance of the case. __ (1) If the \r\ncomplaint has been made in writing to a Magistrate who is not competent to take cognizance  of the  case, he  \r\nshall  return the complaint for presentation to the proper Court with an endorsement to that effect. \r\n(2) If the complaint has not been made in writing, such Magistrate shall direct the complainant to \r\nthe proper Court. \r\n5[202. Postponement of issue of process. __ (1) Any Court, on receipt of a complaint of an offence of  \r\nwhich it is authorised to take cognizance, or which has been sent to it under section 190, sub­section (3), or \r\ntransferred to it under section 191 or section 192, may, if it  thinks fit, for reasons to be  record ed, postpone  \r\nthe issue of process for compelling the attendance of the person complained against ,  and either inquire  into \r\nthe case itself or direct any inquiry or investigation to  be made by 6[any Justice of the Peace , or by] a \r\npolice­officer, or by such other person as it thinks fit, for the purpose of ascertaining the truth or falsehood of \r\nthe complaint: \r\nProvided that, save where the complaint has been made by a Court, no such direction shall be made \r\nunless the complainant has been examined on oath under the provisions of section 200. \r\n(2) A Court of Session may, instead of directing an investigation under the provisions of \r\nsub­section (1), direct the investigation to be made by any Magistrate subordinate to it for the purpose of \r\nascertaining the truth or falsehood of the complaint. \r\n(3) If any inquiry or investigation under this section is made by a person not being a Magistrate, \r\n6[or Justice of the Peace] or a police­officer, such person shall exercise all the powers conferred by this Code \r\non an officer­in­charge of a police­station, except that he shall not have power to arrest without warrant. \r\n(4) Any Court inquiring into a case under this section may, if it thinks fit, take evidence of \r\nwitnesses on oath.]  \r\n1Added by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n2Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 54. \r\n3Ins. and added by Act XVII of 2017, s.3, only for ICT when notified. \r\n4Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (O. No. 4 of 1949), s. 3 and Sch.  \r\n5Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n6Ins. ibid. \r\n \r\nPage 103 of 307 \r\n \r\n203. Dismissal of complaint. The 1[Court] before whom a complaint is made or to whom \r\nit has been transferred 2[or sent] may dismiss the complaint, if, 3[after considering the statement on \r\noath (if any) of the complainant and the result of 4[the investigation] or inquiry 5[(if any)] under \r\nsection 202];  there is in  his judgment no sufficient ground for proceeding. In such cases he shall \r\nbriefly record his reasons for so doing. \r\n6[203A. Complaint in case of Zina.__ (1) No court shall take cognizance of an offence under \r\nsection 5 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), except on \r\na complaint lodged in a Court of competent jurisdiction. \r\n(2) The Presiding Officer of a Court taking cognizance of an offence on a complaint shall \r\nat once examine, on oath, the complainant and at least four Muslim, adult male eye­witnesses, about \r\nwhom the Court is satisfied having regard to the requirement of tazkiyah­al­shahood, that,  they are \r\ntruthful persons and abstain from major sins (kabair), of the act of penetration necessary to the \r\noffence: \r\nProvided that, if the accused is a non­Muslim, the eye­witnesses may be non­Muslims. \r\nExplanation.__ In this section “tazkiyah­al­shahood” means the mode of inquiry adopted by a \r\nCourt to satisfy itself as to the credibility of a witness. \r\n(3) The substance of the examination of the complainant and the eyewitnesses shall be \r\nreduced to writing and shall be signed by the complainant and the eye -witnesses, as the case may be, \r\nand also by the Presiding Officer of the Court. \r\n(4) If in the opinion of the Presiding Officer of a Court, there is sufficient ground for \r\nproceeding, the Court shall issue summons for the personal attendance of the accused. \r\n(5) The Presiding Officer of a Court before whom a complaint is made or to whom it has \r\nbeen transferred may dismiss the complaint, if, after considering the statements on  oath of the \r\ncomplainant and the four or more eye­witnesses there is, in his judgment, no sufficient ground for \r\nproceeding and in such case he shall record his reasons for so doing. \r\n203B.  Complaint in case of Qazf. __ (1) Subject to sub­section (2) of f section 6 of the \r\nOffence of Qazf (Enforcement of Hadd) Ordinance, 1979 (VIII of 1979), no Court shall take \r\ncognizance of an offence under section 7 of the said Ordinance, except on a complaint lodged in a \r\nCourt of competent jurisdiction. \r\n(2) The Presiding Officer of a Court taking cognizance of an offence on a complaint shall \r\nat once examine on oath the complainant and the witnesses as mentioned in section 6 of the Offence \r\nof Qazf (Enforcement of Hadd) Ordinance, 1979 (VIII of 1979) of the act of Qazf necessar y to the \r\noffence. \r\n(3) The substance of the, examination of the complainant and the witnesses shall be \r\nreduced to writing and shall be signed by the complainant and the witnesses, as the case may be, and \r\nalso by the Presiding Officer of the Court. \r\n1Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n2Ins. ibid. \r\n3Subs. by Act No. XVIII of 1923, s.55  \r\n4Subs. by the Code of Criminal Procedure (Amdt.) Act, 1926 (II of 1926), s. 5.  \r\n5Ins.ibid. \r\n6Ins. by Act No. VI of 2006, s. 8. \r\n \r\nPage 104 of 307 \r\n \r\n(4) If in the opi nion of the Presiding Officer of a Court, there is sufficient ground for \r\nproceeding the Court shall issue summons for the personal attendance of the accused. \r\n(5) The Presiding Officer of a Court before whom a complaint is made or to whom it has \r\nbeen transf erred may dismiss the complaint, if, after considering the statements on oath of the \r\ncomplainant and the witnesses there is, in his judgment, no sufficient ground for proceeding and in \r\nsuch case he shall record his reasons for so doing. \r\n203C.  Complaint in case of fornication.__ (1) No court shall take cognizance of an offence \r\nunder section 496A of the Pakistan Penal Code, except on a complaint lodged in a Court of \r\ncompetent jurisdiction. \r\n(2) The Presiding Officer of a Court taking cognizance of an offence shall at once \r\nexamine on oath the complainant and at least two eyewitnesses to the act of fornication. \r\n(3) The substance of the examination of the complainant and the eye­witnesses shall be \r\nreduced to writing and shall be signed by the complainant and the witnesses, as the case may be, and \r\nalso by the Presiding Officer of the Court. \r\n(4) If in the opinion of the Presiding Officer of a Court, there is sufficient ground for \r\nproceeding the Court shall issue a summons for the personal attendance of the accused: \r\nProvided that the Presiding Officer of a Court shall not require the accused to furnish any \r\nsecurity except a personal bond, without sureties, to ensure attendance before the Court in further \r\nproceedings. \r\n(5) The Presiding Officer of a Court before whom a complaint is made or to whom it has \r\nbeen transferred may dismiss the complaint, if, after considering the statements on oath of the \r\ncomplainant and the witnesses there is, in his judgment, no sufficient ground for proceeding and in \r\nsuch case he shall record his reasons for so doing. \r\n \r\n(6) Notwithstanding the foregoing provisions or anything contained in any other law for \r\nthe time  being  in force no complaint under this section shall be entertained against any person who \r\nis accused of zina under section 5 of the Offence of Zina  (Enforcement of Hudood) Ordinance, 1979 \r\n(Ordinance No. VII  of 1979)  and against whom a complaint under section 203A of this Code is \r\npending or has been dismissed or who has been acquitted or against any person who is a complainant \r\nor a victim in a case of rape, under any circumstances whatsoever.] \r\n          _____ \r\n \r\nCHAPTER XVII \r\nOF THE COMMENCEMENT OF PROCEEDINGS BEFORE 1[COURTS] \r\n204. Issus of process. __ (1) If in the opinion of a 2[Court] taking cognizance of an offence \r\nthere is sufficient ground for proceeding, and the case appears to be one in which, according to the \r\nfourth column of the second schedule, a summons should issue in the first instance, 3[it] shall issue  \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n2Subs. ibid. \r\n3Subs. ibid. \r\n  \r\n \r\nPage 105 of 307 \r\n \r\n*[his] summons for the attendance of the accused. If the case appears to be one in which, according to that \r\ncolumn, a warrant should issue in the first instance, 1[it] may issue a warrant, or, if 1[it] thinks fit, a \r\nsummons, for causing the accused to be brought or to appear at a certain time before such 2[Court] or \r\n(if 1[it] has not jurisdiction 3[itself]) some other 2[Court] having jurisdiction. \r\n(2) Nothing in this section shall be deemed to affect the provisions of section 90. \r\n(3) When by any law for the time being in force any process -fees or other fees are \r\npayable, no process shall be issued until the fees are paid, and, if such fees are not paid within a \r\nreasonable time, the 2[Court] may dismiss the complaint. \r\n205. Magistrate may dispense with personal attendance of accused. __(1) Whenever a  \r\nMagistrate issues a summons, he may, if he sees reason so to do, dispense with the personal \r\nattendance of the accused, and permit him to appear by his pleader. \r\n(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage \r\nof the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such \r\nattendance in manner hereinbefore provided. \r\n4CHAPTER XVIII.__ [Of Inquiry into Cases triable by the Court of Session or High Court.] \r\nOmitted by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n    ______ \r\nCHAPTER XIX  \r\nOF THE CHARGE \r\nForm of Charges \r\n221. Charge to state offence. __ Every charge under this Code shall state the offence with \r\nwhich the accused is charged. \r\n(2) Specific name of offence sufficient description. If the law which creates the offence \r\ngives it any specific name, the offence may be described in the charge by that name only. \r\n(3) How stated where offence has no specific name.  If the law which creates the \r\noffence does not give it any specific name, so much of the definition of the offence must be stated as \r\nto give the accused notice of the matter with which he is charged. \r\n(4) The law and section of the law against which the offence is said to have been \r\ncommitted shall be mentioned in the charge. \r\n(5) What implied in charge. The fact that the charge is made is equivalent to a statement \r\nthat every legal condition required by law to constitute the offence charged was fulfilled in the \r\nparticular case. \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n2Subs. ibid. \r\n3Subs. ibid.  \r\nChapter XVIII was previously amended by the Criminal Law Amendment Act, 1923 (12 of 1923), s. 9, A.O., 1949, Sch., Code of Criminal Procedure \r\n(Amdt.) Act, 1923 (XVIII of 1923), s. 57 and A.O, 1937. \r\n*Sic. should read “its”.  \r\n \r\nPage 106 of 307 \r\n \r\n1[(6) Language of charge. The charge shall be written either in English or in the language of \r\nthe Court.] \r\n(7) Previous conviction when to be set out.  If the accused 2[having been previously \r\nconvicted of any offence, is liable, by reason of such previous convicti on, to enhanced punishment,  \r\nor to punishment of a different kind, for a subsequent offence, and it is intended to prove such \r\nprevious conviction for the purpose of affecting the punishment which the Court may think fit to \r\naward for the subsequent offence,]  the fact, date and place of the previous conviction shall be stated \r\nin the charge. If such statement 3[has been omitted,] the Court may add it at any time before sentence \r\nis passed. \r\nIllustrations \r\n(a) A is charged with the murder of B. This is equivalent t o a statement th at A’s act fell \r\nwithin the definition of murder given in sections 299 and 300 of the Pakistan Penal \r\nCode (XLV of 1860) ; that it did not fall within any of the general exceptions of the \r\nsame Code; and that it did  not fall within any of the five exceptions to section 300, or \r\nthat, if it did fall within Exception 1, one or other of the three provisos to that \r\nexception apply to it. \r\n(b) A is charged, under section 326 of the Pakistan Penal Code  (XLV of 1860 ), with \r\nvoluntarily causing grievous hurt to B by means of an instrument for shooting. Th is is \r\nequivalent to a statement that the case was not provided for by section 335 of the \r\nPakistan Penal Code, and that the general exceptions did not apply to it. \r\n(c) A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation, or \r\nusing a false property­mark. The charge may state that A committed murder, or \r\ncheating, or theft, or extortion, or adultery, or criminal intimidation, or that he used a \r\nfalse property­mark, without reference to the definitions of those crimes contained in \r\nthe Pakistan Penal Code  (XLV of 1860) ; but the sections under which the offence is \r\npunishable must, in each instance, be referred  to in the charge. \r\n(d) A is charged, und er section 184 of the Pakistan Penal Code ( XLV of 1860 ) with \r\nintentionally obstructing a sale of property offered for sale by the lawful authority of a \r\npublic servant. The charge should be in those words. \r\n222. Particulars as to time P lace and person. __ (1) The charge shall contain such \r\nparticulars as to the time and place of the alleged offence, and the  person (if any) against  whom, or \r\nthe  thing (if any) in  respect of which, it was committed, as are reasonably sufficient to give the \r\naccused notice of the matter with which  he is charged. \r\n(2) When the accused is charged with criminal breach of trust or dishonest \r\nmisappropriation of money, it shall be sufficient to specif y the gross sum in respect of which the \r\noffence is alleged to have been committed, and the dates between which the offence is alleged to \r\nhave been committed, without specifying particular items or exact dates, and the charge so framed \r\nshall be deemed to be a charge of one offence within the meaning of section 234: \r\nProvided that the time included between the first and last of such dates shall not exceed one \r\nyear. \r\n \r\n1Subs. by A.O., 1949, Sch. \r\n2Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923) s. 61. \r\n3Subs. ibid. \r\n \r\nPage 107 of 307 \r\n \r\n223. When manner of committing offence must be stated.  When the nature of the case \r\nis such that the particulars mentioned in sections 221 and 222 do not give the accused sufficient \r\nnotice of the matter with which he is charged, the charge shall also contain such particulars of the \r\nmanner   in which the alleged offence was committed as will be sufficient for that purpose. \r\nIllustrations \r\n(a) A is accused of the theft of a certain article at a certain time and place. The charge \r\nneed not set out the manner in which the theft was effected. \r\n(b) A is accused of cheati ng B at a given time and place. The charge must set out the \r\nmanner in which A cheated B. \r\n(c) A is accused of giving false evidence at a given time and place.  The charge must set \r\nout that portion of the evidence given by A which is alleged to be false. \r\n(d) A is accused of obstructing B, a public servant, in the discharge of his public \r\nfunctions at a given time and place. The charge must set out the manner in which A \r\nobstructed B in the discharge of his functions. \r\n(e) A is accused of the murder of B at a giv en time and place. The charge need not state \r\nthe manner in which A murdered B. \r\n(f) A is accused of disobeying a direction of the law with intent to save B from \r\npunishment. The charge must set out the disobedience charged and the law infringed. \r\n224. Words i n charge taken in sense of law under which offence is punishable.  In \r\nevery charge words used in describing an offence shall be deemed to have been used in the sense \r\nattached to them respectively by the law under which such offence is punishable. \r\n225. Effect of errors. No error in stating either the offence or the particulars required to be \r\nstated in the charge, and no omission to state the offence or those particulars, shall be regarded at any \r\nstage of the case as material, unless the accused was in fa ct misled by such error or omission, and it \r\nhas occasioned a failure of justice. \r\nIllustrations \r\n(a) A is charged under section 242 of the Pakistan Penal Code (XLV of 1860 ), with \r\n“having been in possession of counterfeit coin, having known at the time when he \r\nbecame possessed thereof that such coin was counterfeit, ” the  word  “fraudulently” \r\nbeing omitted in the charge. Unless it appears that A was in fact misled by this \r\nomission, the error shall not be regarded as material. \r\n(b) A is charged with cheating B, and the manner in which he cheated B is not set out in \r\nthe charge, or is set out incorrectly. A defends himself, calls witnesses and gives his \r\nown account of the transaction. The Court may infer from this that the omission to set \r\nout the manner of the cheating is not material. \r\n(c) A is charged with cheating B, and the manner in which he cheated B is not set out in \r\nthe charge. There were many transactions between A and B, an d A had no means of \r\nknowing to which of them the charge referred, and offered no defence. The Court may \r\ninfer from such facts that the omission to set out the manner of the cheating was, in \r\nthe case, a material error. \r\n \r\nPage 108 of 307 \r\n \r\n(d) A is charged with the murder of Kh oda Baksh on the 21st January 188 2. In fact, the \r\nmurdered person’s name was Haider Baksh, and the date of the murder was the 20th \r\nJanuary 1882. A was never charged with any murder but one, and had heard the \r\n1[trial], which referred exclusively to the case of Haider Baksh.  The Court may infer \r\nfrom these facts that A was not misled, and that the error in the charge was \r\nimmaterial. \r\n(e) A was charged with murdering Haider Baksh on the 20th January 1882, and Kh oda \r\nBaksh (who tried to arrest him for that murder)  on the 21st January 1882.  When \r\ncharged for the murder of Haider Baksh, he was tried for the murder of Khoda Baksh. \r\nThe witnesses present in his defence were witnesses in the case of Haider Baksh. The \r\nCourt may infer from this that A was misled, and that the error was material. \r\n2226. [Procedure on commitment without charge or with imperfect charge.]  [Omitted by the \r\nLaw Reforms Ordinance, 1972 (XIl of 1972), s. 2 and Sch. \r\n227. Court may alter charge. __ (1) Any Court may alter or add to any  charge  at  any   \r\ntime before judgment is pronounced 3[* * *]. \r\n(2) Every such alteration or addition shall be read and explained to the accused. \r\n228. When trial may proceed immediately after alteration.  If the charge framed or \r\nalteration or addition made under 4[* * *] section 227 is such that proceeding immediately with the \r\ntrial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the \r\nprosecutor in the conduct of the case, the Court may, in its discretion, after such charge or alterat ion \r\nor addition has been framed or made, proceed with the trial as if the new or altered charge had been \r\nthe original charge. \r\n229. When new trial may be directed, or trial suspended.  If the new or altered or added \r\ncharge is such that proceeding immediately  with the trial is likely, in the opinion of the Court, to \r\nprejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or \r\nadjourn the trial for such period as may be necessary. \r\n230. Stay of proceedings if prosecution of of fence in altered charge require previous \r\nsanction.  If the offence stated in the new or altered or added charge is one for the prosecution of \r\nwhich previous sanction is necessary, the case shall not be proceeded with until such sanction is \r\nobtained, unless sanction has been already obtained for a prosecution on the same facts as those on \r\nwhich the new or altered charge is founded. \r\n231. Re­call of witnesses when charge altered.  Whenever a charge is altered or added to \r\nby the Court after the commencement of t he trial, the prosecutor and the accused shall be allowed to \r\nre­call or re­ summon, and examine with reference to such alteration or addition, any witness who \r\nmay have been examined, and also to call any further witness whom the Court may think to be \r\nmaterial. \r\n232. Effect of material error. __ (1) If any Appellate Court, or the High Court 5[,or the \r\nCourt of Session] in the exercise of its powers of revision  or  of its powers  under Chapter XXVII, is  \r\n1Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n2Section 226 was previously amended by A.O., 1961, Art 2 and Sch. \r\n3Omitted by the Law Reforms Ordinance, 1972 (XII of 1972) s. 2 and Sch. \r\n4Omitted ibid. \r\n5Ins. ibid. \r\n \r\n \r\nPage 109 of 307 \r\n \r\n  of opinion that any person convicted of an offence was misled in his defence by the absence of a \r\ncharge or by an error in the charge, it shall direct a new trial to be had upon a charge framed in \r\nwhatever manner it thinks fit. \r\n(2) If the Court is of opinion that the facts of the case are such that no valid charge cou ld \r\nbe preferred against the accused in respect of the facts proved, it shall quash the conviction. \r\nIllustration \r\nA is convicted of an offence, under section 196 of the Pakistan  Penal Code ( XLV of 1860), \r\nupon a charge which omits to state that he knew the evidence, which he corruptly used  or attempted \r\nto use as true or genuine, was false or fabricated. If the C ourt thinks it probable that A had such \r\nknowledge, and that he was misled in his defence by the omission from the charge of the statement \r\nthat he had it, it shall direct a   new trial upon an amended charge; but, if it appears probable from the \r\nproceedings that A had no such knowledge, it shall quash the conviction. \r\nJoinder of charges \r\n233. Separate charges for distinct offences.  For every distinct offence of which any \r\nperson is accused there shall be a separate charge, and every such charge shall be tried s eparately, \r\nexcept in the cases mentioned in sections 234, 235, 236 and 239. \r\nIllustration \r\nA is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A \r\nmust be separately charged and separately tried for the theft and causing grievous hurt. \r\n234. Three offences of same kind within year may be charged together. __ (1) When a \r\nperson  is  accused of more offences than one of the same kind committed within the space of twelve \r\nmonths from the first to the last of such offences, 1[whether in respect of the same person or not], he \r\nmay be charged with, and tried at one trial for, any number of them not exceeding three. \r\n(2) Offences are of the same kind when they are punishable with the same amount of \r\npunishment under the same section  of the Pakistan Penal Code ( XLV of 1860 ) or of any special or \r\nlocal law: \r\n2[Provided that, for the purpose of this section, an offence punishable under section 379 of \r\nthe Pakistan Penal Code ( XLV of 1860 ) shall be deemed to be an offence of the same kind as an \r\noffence  punishable  under section 380 of the said Code, and that an offence puni shable under any \r\nsection of the Pakistan Penal Code (XLV of 1860), or of any special or local law, shall be deemed to \r\nbe an offence of the same kind as an attempt to commit such offence, when such an attempt is an \r\noffence.] \r\n235. Trial for more than one off ence.__ (1) If, in one series of acts so connected together \r\nas to form the same transaction, more offences than one are committed by the same person, he may \r\nbe charged with, and tried at one trial for, every such offence. \r\n(2) Offence falling within two definitions. If the acts alleged constitute an offence \r\nfalling within two or more separate definitions of any law in force for the time being by which \r\noffences are defined or punished, the person accused of them may be charged with, and tried at one \r\ntrial for, each of such offences. \r\n1Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 62. \r\n2Ins., ibid. \r\n \r\nPage 110 of 307 \r\n \r\n \r\n(3) Acts constituting one offence, but constituting when combined a different \r\noffence.  If several acts, of which one or more than o ne would by itself or themselves constitute an \r\noffence, constitute when combined a different offence, the person accused of them may be charged \r\nwith, and tried at one trial for, the offence constituted by such acts when combined, and for any \r\noffence constituted by any one, or more, of such acts. \r\n(4) Nothing contained in this section shall affect the Pakistan Penal Code ( XLV of 1860), \r\nsection 71. \r\nIllustrations \r\nto sub­section (1)— \r\n(a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to C, a \r\nconstable in whose custody B was. A may be charged with, and convicted of, offences \r\nunder sections 225 and 333 of the Pakistan Penal Code (XLV of 1860). \r\n(b) A commits house­breaking by day with intent to commit adultery, and commits in the \r\nhouse so entered adultery with B’ s wife. A may be separately charged with, and \r\nconvicted of, offences under sections 454 and 497 of the Pakistan Penal Code ( XLV \r\nof 1860). \r\n(c) A entices B, the wife of C, away from C, with intent to commit adultery with B, and \r\nthen commits adultery with her. A may be separately charged with, and convicted of, \r\noffences under sections 498 and 497 of the Pakistan Penal Code (XLV of 1860). \r\n(d) A has in his possession several seals, knowing them to be counterfeit and intending to \r\nuse them for the purpose of committing several forgeries punishable under section \r\n466 of the Pakistan Penal Code. A may be separately charged with, and convicted of, \r\nthe possession of each seal under section 473 of the Pakistan Penal Code. \r\n(e) With intent to cause injury to B, A institutes a criminal proceeding against him, \r\nknowing that there is no just or lawful ground for such proceeding; and also falsely \r\naccuses B of having committed an offence, knowing that there is no just or lawful \r\nground for such charges. A may be separately charged with, and convicted of, two \r\noffences under section 211 of the Pakistan Penal Code. \r\n(f) A, with intent to cause injury to B, falsely accuses h im of having committed an \r\noffence, knowing that there is no just or lawful ground for such charge. On the trial, A \r\ngives false evidence against B, intending thereby to cause B to be convicted of a \r\ncapital offence. A may be separately charged with and convi cted of, offences under \r\nsections 211 and 194 of the Pakistan Penal Code. \r\n(g) A, with six others, commits the offences of rioting, grievous hurt and assaulting a \r\npublic servant endeavouring in the discharge of his duty as such to suppress the riot. \r\nA may be separately charged with, and convicted of, offences under sections 147, 325 \r\nand 152 of the Pakistan Penal Code. \r\n(h) A threatens B, C and D at the same time with injury to their persons with intent to \r\ncause alarm to them. A may be separately charged with, and convicted of, each of the \r\nthree offences under section 506 of the Pakistan Penal Code. \r\n \r\nPage 111 of 307 \r\n \r\nThe separate charges referred to in Illustrations (a) to (h) respectively may be tried at the \r\nsame time. \r\nto sub­section (2)__ \r\n(i) A wrongfully strikes B with a cane.  A may be separately charged with, and convicted \r\nof, offences under sections 352 and 323 of the Pakistan Penal Code. \r\n(j) Several stolen sacks of corn are made over to A and B, who know they are stolen \r\nproperty, for the purpose of concealing them. A and B t hereupon voluntarily assist \r\neach other to conceal the sacks at the bottom of a grain pit. A and B may be separately \r\ncharged with, and convicted of, offences under sections 411 and 414 of the Pakistan \r\nPenal Code. \r\n(k) A exposes her child with the knowledge t hat she is thereby likely to cause its death. \r\nThe child dies in consequence of such exposure. A may be separately charged with, \r\nand convicted of, offences under sections 317 and 304 of the Pakistan Penal Code. \r\n(l) A dishonestly uses a forged document as ge nuine evidence, in order to convict B, a \r\npublic servant, of an offence under section 167 of the Pakistan Penal Code. A may be \r\nseparately charged with, and convicted of, offences under sections 471 (read with \r\n466) and 196 of the same Code. \r\nto sub­section (3)__ \r\n(m) A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be \r\nseparately charged with, and convicted of, offences under sections 323, 392 and 394 \r\nof the Pakistan Penal Code. \r\n236. Where it is doubtful what offence has been committ ed. If a single act or series of \r\nacts is of such a nature that it is doubtful which of several offences the facts which can be proved \r\nwill constitute, the accused may be charged with having committed all or any of such offences, and \r\nany number of such charges  may be tried at once; or he may be charged in the alternative with \r\nhaving committed some one of the said offences. \r\nIllustrations \r\n(a) A is accused of an act which may amount to theft, or receiving stolen property, or \r\ncriminal breach of trust or cheating. He may be charged with theft, receiving stolen \r\nproperty, criminal breach of trust and cheating, or he may be charged with having \r\ncommitted theft, or receiving stolen property, or criminal breach of trust or cheating. \r\n(b) A states on oath before the Magistr ate that he saw B hit C with a club. Before the \r\nSessions Court A states on oath that B never hit C. A may be charged in the \r\nalternative and convicted of intentionally giving false evidence, although it cannot be \r\nproved which of these contradictory statements was false.  \r\n237. When a person is charged with one offence, he can be convicted of another. __ (1) \r\nIf, in the case mentioned in section 236, the accused is charged with one offence, and it appears in \r\nevidence that he committed a different offence for whi ch he might have been charged under the \r\nprovisions of that section, he may be convicted of the offence which he is shown to have committed, \r\nalthough he was not charged with it. \r\n \r\nPage 112 of 307 \r\n \r\n(2) 1[* * * * * * *] \r\nIllustration \r\nA is charged with theft. It appears that he committed the offence of criminal breach of trust, \r\nor that of receiving stolen goods. He may be convicted of criminal breach of trust or of receiving \r\nstolen goods (as the case may be) though he was not charged with such offence. \r\n238. When offence proved in cluded in offence charged. __ (1) When a person is charged \r\nwith an offence consisting of several particulars, a combination of some only of which constitutes, a  \r\ncomplete  minor  offence, and such combination is proved, but the remaining particulars are not  \r\nproved, he may be convicted of the minor offence, though he was not charged with it. \r\n(2) When a person is charged with an offence and facts are proved which reduce it to a \r\nminor offence, he may be convicted of the minor offence, although he is not charged with it. \r\n2[(2A) When a person is charged with an offence, he may be convicted of an attempt to \r\ncommit such offence although the attempt is not separately charged.] \r\n(3) Nothing in this section shall be deemed to authorize a conviction of any offence \r\nreferred to in section 198 or section 199 when no complaint has been made as required by that \r\nsection. \r\nIllustrations \r\n(a) A is charged, under section 407 of the Pakistan Penal Code (XLV of 1860), with \r\ncriminal breach of trust in respect of property entrusted to him as a carrier. It appears, \r\nthat he did commit criminal breach of trust under section 406 in respect of the \r\nproperty, but that it was not entrusted to him as a carrier. He may be convicted of \r\ncriminal breach of trust under section 406. \r\n(b) A is charged, under section 325 of the Pakistan Penal Code (XLV of 1860), with \r\ncausing grievous hurt. He proves that he acted on grave and sudden provocation. He \r\nmay be convicted under section 335 of that Code. \r\n3[239.  What persons may be charged jointly.   The following persons may be charged and \r\ntried together, namely:__ \r\n(a) persons accused of the same offence committed in the course of the same \r\ntransaction; \r\n(b) persons accused of an offence and persons accused of abetment, or of an \r\nattempt to commit such offence; \r\n(c) persons accused of more than one offence of the same kind, within the \r\nmeaning of section 234 committed by them jointly within the period of twelve \r\nmonths; \r\n(d) persons accused of different offences committed in the course of the same \r\ntransaction; \r\n1Omitted by the Code of Criminal Procedure (Amendment) Act, 1923 (XVIII of 1923), s. 63. \r\n2Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 64. \r\n3Subs. ibid., s. 65. \r\n \r\nPage 113 of 307 \r\n \r\n(e) persons accused of an offence which includes theft, extortion, or cr iminal \r\nmisappropriation, and persons accused of receiving or retaining, or assisting in \r\nthe disposal or concealment of, property possession of which is alleged to \r\nhave been transferred by any such offence committed by the first­named \r\npersons, or of abetmen t of or attempting to commit any such last­named \r\noffence; \r\n(f) persons accused of offences under sections 411 and 414 of the Pakistan Penal \r\nCode (XLV of 1860) or either of those sections in respect of stolen property \r\nthe possession of which has been transferred by one offence; and \r\n(g) persons accused of any offence under Chapter XI I of the Pakistan Penal Code \r\n(XLV of 1860 ) relating to counterfeit coin, and persons accused of any other \r\noffence under the said  Chapter relating to the same coin, or of abetment of or \r\nattempting to commit any such offence; \r\nand the provisions contained in the former  part of this Chapter shall, so far as may be, apply to all \r\nsuch charges.] \r\n \r\n240. Withdrawal of remaining charges on conviction on one of several charges.  When \r\na charge containing more heads than one is framed against the same person, and when a conviction \r\nhas been had on one or more of them, the complainant, or the officer conducting the prosecution, \r\nmay, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its \r\nown accord may stay the inquiry into, or trial of, such charg e or charges. Such withdrawal shall have \r\nthe effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case \r\nthe said Court (subject to the order of the Court setting aside the conviction) may proceed with the \r\ninquiry into or trial of the charge or charges so withdrawn. \r\n_______ \r\nCHAPTER XX \r\nOF THE TRIAL OF 1[CASES] BY MAGISTRATES \r\n241. 2[Procedure in trial of cases].  The following procedure shall be observed by \r\nMagistrates in the trial of 1[cases]. \r\n3[241A. Supply of statements and documents to the  accused. __ (1) In all cases instituted \r\nupon police report, except those tried summarily or punishable with fine or imprisonment not \r\nexceeding six months,  copies  of  statements  of  all  witnesses  recorded  under  section s  161  and  \r\n164  and  of  the  inspection   note recorded by an investigation officer on his first visit  to the  place  \r\nof occurrence, shall be  supplied free of cost to the accused not less than seven days before the \r\ncommencement of the trial: \r\nProvided that, if any part of a statement recorded under section 161 is such that its disclosure \r\nto the accused would be inexpedient in the public interest, such part of the statement shall be \r\nexcluded from the copy of the statement furnished to the accused. \r\n \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch.  \r\n2Subs. ibid. \r\n3Ins. ibid. \r\n \r\n \r\nPage 114 of 307 \r\n \r\n (2) In all cases instituted upon a complaint in writing, the complainant shall__ \r\n(a) state in the petition of complaint the substance of the accusation, the names of \r\nhis witnesses and the gist of the evidence which he is likely to adduce at the \r\ntrial; and \r\n(b) within three days of the order of the Court under section 204 for issue of \r\nprocess to the accused, file in the Court for supply to the accused, as many \r\ncopies of the complaint and any other document which he has filed with his \r\ncomplaint as the number of the accused: \r\nProvided that the provisions of this sub­section shall not apply in any case in which the \r\ncomplaint has been made by a Court or by a public se rvant acting or purporting to act in the \r\ndischarge of his official duties]. \r\n1[242. Charge to be framed.  When the accused appears or is brought before the Magistrate, \r\na formal charge shall be framed relating to the offence of which he is accused and he shall be asked \r\nwhether he admits that he has committed the offence with which he is charged.] \r\n243. Conviction on admission of truth of accusation.  If the accused admits that he has \r\ncommitted the offence 2[with which he is charged], his admission shall be recorded as nearly as \r\npossible in the words used by him; and, if he shows no sufficient cause why he should not be \r\nconvicted, the Magistrate 3[may convict] him accordingly. \r\n244. Procedure when no such admission is made. __ (1) 4[If the Magistrate does not \r\nconvict the accused under the preceding section or] if the accused does not make such admission, the \r\nMagistrate shall proceed to hear the complainant (if any), and take all such evidence as may be \r\nproduced in support of the prosecution, and also to hear the accused and take all such evidence as he \r\nproduces in his defence: \r\n4[Provided that the Magistrate shall not be bound to hear any person as complainant in any \r\ncase in which the complaint has been made by a Court.] \r\n5[(2) The Magistrate may, if he thinks fit, on the application of the complainant or accused, \r\nissue a summons to any witness directing him to attend or to produce any document or other thing.] \r\n(3) The Magistrate may, before summoning any witness on such application, require that \r\nhis reasonable expenses, incurred in attending for the purposes of the trial, be deposited in Court [:]6 \r\n7[Provided that it shall not be necessary for the accused to deposit any such expenses in Court \r\nin cases where he is charged with an offence punishable with imprisonment exceeding six months.] \r\n8[244A. Statement made under section 164. The statement of a witness duly recorded under \r\nsection 164, if it was made in the presence of the accused and if he had notice of it and was given an \r\nopportunity of cross­examining the witness, may, in the discretion  of  the  Court,  if  such  witness is   \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (XII of 1972) s.2 and Sch. \r\n2Subs. ibid. \r\n3Subs. by the Code of Criminal Procdure (Amdt.) Act, 1923 (XVIII of 1923), s. 66. \r\n4Ins. ibid, s. 67. \r\n5Subs. by the Law Reforms Ordinance, 1972 (XII of 1972) s.2 and Sch. \r\n6Subs. ibid. \r\n7Added ibid. \r\n8Ins. ibid. \r\n \r\n \r\nPage 115 of 307 \r\n \r\nproduced and examined, be treated as evidence in the case for all purposes subject to the provisions of the \r\nEvidence Act, 1872.] \r\n245. Acquittal.__ (1) If the Magistrate upon taking the evidence referred to in section 244 and \r\nsuch further evidence (if any) as he may, of his own motion, cause to be produced, and (if he  thinks  fit)  \r\nexamining the accused, finds the accused not guilty, he shall record an order of acquittal. \r\n1[(2) Where the Magistrate does not proceed in accordance with the provisions of secti on 349 2[* \r\n* *], he shall, if he finds the accused guilty, pass sentence upon him according to law.] \r\n3[245-A. Procedure in case of previous convictions.  In a case where a previous conviction is \r\ncharged under the provisions of section 221, sub­section (7), and the accused does not admit that he ha s \r\nbeen previously convicted as alleged in the charge, the Magistrate may, after he has convicted the \r\naccused under section 243, or under section 245, sub­section (2), take evidence in respect of the alleged \r\nprevious conviction, and, if he does so, shall record a finding thereon.] \r\n246. [Finding not limited by compliant or summons.] Omitted by the Law Reforms Ordinan ce, \r\n1972 (XII of 1972), s.2. and Sch. \r\n247. Non­appearance of complainant.  If the summons has been issued on complaint, and \r\nupon the day appointed for the appearance of the accused, or any day subsequent thereto to which the \r\nhearing may be adjourned, the co mplainant does not appear, the Magistrate shall, notwithstanding \r\nanything herein before contained, acquit the accused, unless for some reason he thinks proper to adjourn \r\nthe hearing of the case to some other day: \r\nProvided that, where the complainant is a p ublic servant and his personal attendance is not \r\nrequired, the Magistrate may dispense with his attendance, and proceed with the case 4[:] \r\n 5[Provided further that nothing in this section shall apply where the offence of which the accused \r\nis charged is either cognizable or non­compoundable.] \r\n248. Withdrawal of complaint. If a complainant, at any time before a final order is passed in \r\nany case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him \r\nto withdraw his complaint the Magistrate may permit him to withdraw the same, and sh all thereupon \r\nacquit the accused. \r\n249. Power to stop proceedings when no complainant.  In any case instituted otherwise than \r\nupon complaint, 6[* * * ] a Magistrate of the first class, or with the previous sanction of the 7[Sessions \r\nJudge 8[*******]], any other Magistrate, may for reasons to be recorded by him, stop the proceedings at \r\nany stage without pronouncing any judgment either of acquittal or conviction, and may thereupon release \r\nthe accused. \r\n9[249A. Power of Magistrate to acquit accused at any stage.  Nothing in this Chapter shall be \r\ndeemed to prevent a Magistrate from acquitting an accused at any stage of the case if, after hearing the \r\nprosecutor   and the accused and for reasons to be recorded, he considers that the charge is groundless or \r\nthat there is no probability of the accused being convicted of any offence.] \r\n1Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923) s. 68.  \r\n2Omitted by the Law Reforms Ordinance, 1972 (XII of 1972) s.2 and Sch. \r\n3Ins. ibid. \r\n4Subs. ibid.  \r\n5Added ibid. \r\n6Omitted by A.O. 1949, Sch. \r\n7Subs. by the Law Reforms Ordinance, 1972 (XII of 1972) s.2 and Sch. \r\n8Omitted by Ord. No. XXXVII of 2001, s.59 (14-08-2001). \r\n9Ins. by the Code of Criminal Procedure (Amdt.) Ord. 1977 (XXXVI of 1977), s.2 (w.e.f 30­10­77). \r\n  \r\n \r\nPage 116 of 307 \r\n \r\nFrivolous Accusations in 1[Cases tried by Magistrate] \r\n250. False, frivolous or vexatious accusations. __ 2[(1) If in any case instituted upon \r\ncomplaint or upon information given to a police­officer or to a Magistrate, one or more persons is or \r\nare accused before a Magistrate  or any  offence  triable  by  a  Magistrate,  and  the  Magistrate  by  \r\nwhom  the  ca se  is  heard  3[* *  *] acquits all or any of the accused, and is of opinion that the  \r\naccusation against  them or any of them was  false and either frivolous or vexatious, the Magistrate \r\nmay, by his order of 3[* * * ] acquittal, if  the  person  upon whose  complaint or information the \r\naccusation was made is present, call upon hi m forthwith to show cause why he  should not  pay \r\ncompensation to such accused or to each or any of such accused when there  are more than one, or, if \r\nsuch person is not present dire ct the issue of a summons to him to appear and show cause as \r\naforesaid. \r\n \r\n(2) The Magistrate shall record and consider any cause which such complainant or \r\ninformation may  show and if he is satisfied that the accusation was false and either frivolous or \r\nvexatious may, for reasons to be recorded, direct that compensation to such amount not exceeding \r\n4[twenty five thousand rupees]* or, if the Magistrate is a Magistrate of the third class, not exceeding \r\n4[two thousand and five hundred rupees] , as he may determi ne, be paid by such complainant or \r\ninformant to the accused or to each or any of them. \r\n \r\n5[(2A) The   compensation   payable   under   sub­section (2)   shall   be   recoverable   as   an   \r\narrear   of land revenue.] \r\n \r\n(2B) When any person is imprisoned under sub­section (2A), the provisions of sections 68 \r\nand 69 of the Pakistan Penal Code (XLV of 1860) shall, so far as may be, apply. \r\n(2C) No person who has been directed to pay compensation under this section shall, by \r\nreason of such order, be exempted fr om any civil or criminal liability in respect of the complaint \r\nmade or information given by him: \r\nProvided that any amount paid to an accused person under this section shall be taken into \r\naccount in awarding compensation to such person in any subsequent civ il suit relating to the same \r\nmatter.] \r\n(3) A complainant or informant who has been ordered under 6[sub­section (2)] by a \r\nMagistrate of the second or third class to pay compensation 7[or has been so ordered by any other \r\nMagistrate to pay compensation exceedi ng fifty rupees] may appeal from the order, in so far as the \r\norder relates to the payment of the compensation, as if such complainant or informant had been \r\nconvicted on a trial held by such Magistrate. \r\n(4) When an order for payment of compensation to an accused person is made in a case \r\nwhich is subject to appeal under sub­section (3), the compensation shall not be paid to him before the \r\nperiod allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the \r\n” \r\n1Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch.  \r\n2Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s.69 \r\n3Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch.  \r\n4Subs by Ord. No. VI of 1980, s.2. \r\n5Subs. ibid. \r\n6Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s.69. \r\n7Subs. ibid. \r\n*“One hundred thousand rupees” as subs. by Act XVII of 2017, s.3 only for ICT when notified. \r\n  \r\n \r\nPage 117 of 307 \r\n \r\nappeal has been decided 1[and, where such order is made in a  case which is not so subject to appeal, \r\nthe compensation shall not be paid before the expiration of one month from the date of the order]. \r\n(5) 2[* * * * * * *] \r\n3[250A. Special summons in case of petty offences. __ (1) Any Magistrate of the first class \r\nspecially empowered in this behalf by the Provincial Government taking cognizance of any offence \r\npunishable only with fine shall, except for reasons to be recorded in writing, issue summons to the  \r\naccused requiring him  either to appear before him on a specified date in person or by an advocate or, \r\nif he desires to plead guilty to the charge, without appearing before the Magistrate, to transmit to the \r\nMagistrate before the specified date,  by registered post or through a messenger, the said plea in \r\nwriting and the amount of fine specified in the summons or, if he desires to appear by an advocate \r\nand to plead guilty to the charge, to authorise, in writing, such advocate to plead guilty to the charge \r\non his behalf and to pay the fine: \r\nProvided that the amount of the fine specified in such summons shall not be less than \r\ntwenty­five percent nor more than fifty per cent of the maximum fine provided for such offence. \r\n(2) Sub­section (1) shall not apply to an offence punishable under the Motor Vehicles \r\nOrdinance, 1965 (W.P. Ordinance XIX of 1965), or under any other law which provides for the \r\naccused person being convicted in his absence on a plea of guilty.] \r\n4CHAPTER XXI. __ [OF  THE  TRIAL  OF  WARRANT  CASES  BY  MAGISTRATES.]  \r\nOmitted by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\nCHAPTER XXII \r\nOF SUMMARY TRIALS \r\n5260. Power to try summarily.__ (1) Notwithstanding anything contained in this Code,__ \r\n(a) 6[* * * * * * *] \r\n(b) any  Magistrate  of  the  first  class  specially  empowered  in  this  behalf  by \r\nthe 7[Provincial Government], and \r\n(c) any Bench of Magistrates invested with the powers of a Magistrate of the first \r\nclass and especially empowered in this behalf by the 7[Provincial \r\nGovernment], \r\nmay, if he or they think fit, try in a summary way all or any of the following offences:__ \r\n(a) offences not punishable with death, transportation or imprisonment for a term \r\nexceeding six months; \r\n(b) offences relating to weights and measures under sections 264, 265 and 266 of \r\nthe Pakistan Penal Code (XLV of 1860); \r\n \r\n1Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s.69. \r\n2Omitted ibid. \r\n3Ins. by Act No. XXV of 1992, s.3. \r\n4This chapter was previously amended by Act 18 of 1923, s.70. \r\n5For notifn. Conferring powers on the Additional City Magistrate, Karachi, to try cases summarily under this section, see Gaz. of P., 1957, Pt. VI, p.6 \r\n6Omitted by the Law Reforms Ordinance, 1972, (XII of 1972), s.2 and Sch. \r\n7Subs. by A.O., 1937, for ‘’L.G.”, \r\n \r\nPage 118 of 307 \r\n \r\n(c) hurt, under section 1[clause (i) of section 337A] of the same Code; \r\n(d) theft, under sections 379, 380 or 381 of the same Code, where the value of the \r\nproperty stolen does not exceed 1[ten thousand rupees] ; \r\n(e) dishonest misappropriation of property under section 403 of the same Code, \r\nwhere the value of the property misappropriated does not exceed 1[ten \r\nthousand rupees] ; \r\n(f) receiving or retaining stolen property  under section 411 of the same code, \r\nwhere the value of such property does not exceed 1[ten thousand rupees] ; \r\n(g) assisting in the concealment or disposal of stolen property, under section 414 \r\nof the same Code, where the value of such property does not exceed 1[ten \r\nthousand rupees] ; \r\n(h) mischief, under section 427 of the same Code; \r\n(i) house­trespass, under section 448, and offences under sections 451, 2[453, \r\n454], 456 and 457 of the same Code ; \r\n(j) insult with intent to provoke a breach of the peace, under section 504, and \r\ncriminal intimidation, under section 506, of the same Code; \r\n3[(jj)  offence of personation at an election under section 171F of the same Code;] \r\n(k) abetment of any of the foregoing offences; \r\n(l) an attempt to commit any of the foregoing offences, when such attempt is  an \r\noffence; \r\n(m) offences under section 20 of the Cattle­trespass Act, 1871 (I of 1871) : \r\n4[* * * * * * *] \r\n(2) When in the course of a summary trial it appears to the Magistrate or Bench that the \r\ncase is one which is of a character which renders it undesir able that it should be tried summarily, the \r\nMagistrate or Bench shall recall any witnesses who may have been examined and proceed to re­hear \r\nthe case in manner provided by this Code. \r\n261. Power   to   invest   Bench   of   Magistrates   invested   with   less   powers.   The   \r\n5[Provincial Government] may  6[, on the recommendation of the High Court,] confer on any Bench \r\nof Magistrates invested with the powers of a Magistrate of the second or third class power to try \r\nsummarily all or any of the following offences:__ \r\n \r\n1Subs. by Ordinance No. LXXXV of 2002, s. 4. \r\n2Ins. by the Amending Act, 1903 (I of 1903), s.3 and Sch., II, Pt. II. \r\n3Ins. by the Code of Criminal Procedure (Amdt.) Act, 1957 (XLIII of 1957), s.2. \r\n4Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n5Subs. by A.O., 1937, for “L.G”. \r\n6Ins. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch.  \r\n  \r\n \r\nPage 119 of 307 \r\n \r\n(a) offences against the Pakistan Penal Code (XLV of 1860), sections 277, 278, \r\n279, 285, 286, 289, 290, 292, 293, 294, 1[337A (i), 337L (2), 337H (2)], 341, \r\n352, 426, 2[447 and 504] ; \r\n(b) offences against Municipal Acts, and the conservancy clauses of Police Acts \r\nwhich are punishable only with fine or with imprisonment for a term not \r\nexceeding one month 3[with or without fine] ; \r\n(c) abetment of any of the foregoing offences ; \r\n(d) an attempt to commit any of the foregoing offences, when such att empt is an \r\noffence.  \r\n262. Procedure 4[prescribed in Chapter XX] applicable. __ 5[(1)  In  trials  under  this  \r\nChapter,  the procedure  prescribed in Chapter XX shall be followed, except as hereinafter \r\nmentioned.] \r\n(2) Limit of imprisonment . No sentence of imprisonment for a term exceeding three \r\nmonths shall be passed in the case of any conviction under this Chapter. \r\n263. Record in cases w here there is no appeal.  In cases where no appeal lies, the \r\nMagistrate or Bench of Magistrates need not record the evidence of the witnesses or frame a formal \r\ncharge; but he or they shall enter in such form as the 6[Provincial Government] may direct the \r\nfollowing particulars :__ \r\n(a) the serial number; \r\n(b) the date of the commission of the offence; \r\n(c) the date of the report or complaint; \r\n(d) the name of the complainant (if any) ; \r\n(e) the name, parentage and residence of the accused ; \r\n(f) the offence complained of and the offence (if any) proved, and in cases \r\ncoming under clause (d), clause (e), clause (f) or clause (g) of sub­section (1) \r\nof section 260 the value of the property in respect of which the offence has \r\nbeen committed ; \r\n(g) the plea of the accused and his examination (if any); \r\n(h) the finding, and, in the case of a conviction, a brief statement of the reasons \r\ntherefor ; \r\n(i) the sentence or other final order; and \r\n(j) the date on which the proceedings terminated. \r\n \r\n1Subs. by Ord. No. LXXXV of 2002, s. 5. \r\n2Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s.75.  \r\n3Ins. ibid., s. 75. \r\n4Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch.  \r\n5Subs. ibid. \r\n6Subs. by A.O., 1937, for “L.G”.  \r\n \r\nPage 120 of 307 \r\n \r\n1[264. Record in appealable cases. In every case tried summarily by a Magistrate or Bench \r\nin which an appeal lies, such Magistrate or Bench shall record the substance of the evidence and also \r\nthe particulars mentioned in section 263 and shall, before passing any sentence , record a judgment in \r\nthe case.] \r\n265. Language of record  and Judgment. __ (1) Records made under section 263 and \r\njudgments recorded under section 264 shall be written by the presiding officer, either in English or in \r\nthe language  of  the Court, or, if the C ourt to which such presiding officer is immediately \r\nsubordinate so directs, in such officer’s mother­tongue. \r\n(2) Bench may be authorized to employ clerk . The 2[Provincial Government] may \r\nauthorize any Bench of Magistrates empowered to try offences summaril y to prepare the aforesaid \r\nrecord or judgment by means of an officer appointed in this behalf by the Court to which such Bench \r\nis immediately subordinate, and the record or judgment so prepared shall be signed by each member \r\nof such Bench present taking part in the proceedings. \r\n(3) If no such authorization be given, the record prepared by a member of the Bench and \r\nsigned as aforesaid shall be the proper record. \r\n(4) If the Bench differ in opinion, any dissentient member may write a separate judgment. \r\n     ______ \r\n \r\n3[CHAPTER XXIIA \r\nTRIALS BEFORE HIGH COURTS AND COURTS OF SESSION \r\n265A. Trial before Court of Session to be conducted by Public Prosecutor.__ In every trial \r\nbefore a Court of Session, initiated upon a police report, the prosecution shall be conducted by the \r\nPublic Prosecutor. \r\n265B. Procedure in cases triable by High Courts and Courts of Session. __ The following \r\nprocedure shall be observed by the High Courts and the Courts of Session in the trial of cases triable \r\nby the said Courts. \r\n265C.  Supply of statements and documents to the accused. __ (1) In all cases instituted \r\nupon police report, copies of the following documents shall be supplied free o f cost to the accused \r\nnot later than seven days before the commencement of the trial, namely:__ \r\n(a) the first information report ; \r\n(b) the police report ; \r\n(c) the statements of all witnesses recorded under sections 161 and 164; and \r\n(d) the inspection note recorded by an investigation officer on his first visit to the place of \r\noccurrence and the note recorded by him on recoveries made, if any: \r\n \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch.  \r\n2Subs. by A.O, 1973, for “L.G”. \r\n3Subs. by the Code of Criminal Procedure (Amdt.) Act, 1976 (XLIV of 1976), s.2. \r\nThe Code of Crimnal Procedure (Amdt.) Act, 1976 (XLIV of 1976), i.e Chapter XXII­A only shall apply to the Provincially Administerd Tribal Area of \r\nN.W.F.P. by N.W.F.P. notfn NO. 13/27­HD (TA­I)77, dated 22­6­78, see, N.W.F.P., Gazette, Extraordinary, page 11. \r\n \r\nPage 121 of 307 \r\n \r\nProvided that, if arty part of a statement recor ded under section 161 or section 164 is such \r\nthat its disclosure to the accused would be inexpedient in the public interest, such part of the \r\nstatement shall be excluded from the copy of the statement furnished to the accused. \r\n(2) In all cases instituted upon a complaint in writing,__ \r\n(a) the complainant shall__ \r\n(i) state in the petition of complaint the substance of the accusation, the \r\nnames of his witnesses and the gist of the evidence which he is likely \r\nto adduce at the trial; and \r\n(ii) within three days of the order of the Court under section 204 for issue \r\nof process to the accused, file in the Court for supply to the accused as \r\nmany copies of the complaint and any other document which he has \r\nfiled with his complaint as the number of the accused; \r\n(b) copies of the complaint and any other documents which the complainant has \r\nfiled therewith and the statement s under section 200 or section 202 shall be \r\nsupplied free of cost to the accused not later than seven days before the \r\ncommencement of the trial. \r\n265D.  When charge is to be framed. __ If, after persuing the police report or, as the case \r\nmay be, the complaint, and all other documents and statements filed by the prosecution, the Court is \r\nof opinion that there is ground for proceeding with the trial of the acc used it shall frame in writing a \r\ncharge against the accused. \r\n265E.  Plea.__ (1) The charge shall be read and explained to the accused, and he shall be \r\nasked whether he is guilty or has any defence to make. \r\n(2) If the accused pleads guilty, the Court shall record the plea, and may in its discretion \r\nconvict him thereon. \r\n265F.  Evidence for prosecution. __ (1) If the accused does not plead guilty or the Court in \r\nits discretion does not convict him on his plea, the Court shall proceed to hear the complainant (if  \r\nany) and take all such evidence as may be produced in support of the prosecution: \r\nProvided that the Court shall not be bound to hear any person as complainant in any case in \r\nwhich the complaint has been made by a Court. \r\n(2) The Court shall ascertain from the Public Prosecutor or, as the case may be, from the \r\ncomplainant, the names of any persons likely to be acquainted with the facts of the case and to be \r\nable to give evidence for the prosecution, and shall summon such persons to give evidence before it. \r\n(3) The Court may refuse to summon any such witness, if it is of opinion that such \r\nwitness is being called for the purpose of vexation or delay or defeating the ends of justice.  Such \r\nground shall be recorded by the Court in writing. \r\n(4) When the examinatio n of the witnesses for the prosecution and the examination (if \r\nany) of the accused are concluded, the accused shall be asked whether he means to adduce evidence. \r\n(5) If the accused puts in any written statement, the Court shall file it with the record. \r\n \r\nPage 122 of 307 \r\n \r\n(6) If the accused, or any one of several accused, says that he means to adduce evidence, \r\nthe Court shall call on the accused to enter on his defence and produce his evidence. \r\n(7) If the accused, or any one of several accused, after entering on his defence, a pplies to \r\nthe Court to issue any process for compelling the attendance of any witness for examination or the \r\nproduction of any document or other thing, the Court shall issue such process unless it considers that \r\nthe application is made for the purpose of v exation or delay or defeating the ends of Justice.  Such \r\nground shall be recorded by the Court in writing. \r\n265G.  Summing up by prosecutor and defence. __ (1) In cases where the accused, or any \r\none of several accused, does not adduce evidence in his defence, the Court shall, on the close of the \r\nprosecution case and examination (if any) of the accused, call upon the  prosecutor to sum up his  \r\ncase whereafter the accused shall make a reply. \r\n(2) In cases where the accused, or any of the several accused, examines evidence in his \r\ndefence, the Court shall, on the close of the defence case, call upon the accused to sum up the case \r\nwhereafter the prosecutor shall make a reply. \r\n265H. Acquittal or conviction. __ (1) If in any case under this Chapter in which a  c harge  \r\nhas  been framed the Court finds the accused not guilty, it shall record an order of acquittal. \r\n(2) If in any case under this Chapter the Court finds the accused guilty the Court shall, \r\nsubject to the provisions of section 265I, pass a sentence upon him according to law. \r\n265I. Procedure in case of previous conviction. __ (1) In a case where, by reason of a \r\nprevious conviction, the accused has been charged under section 221, sub­section (7), the Court, after \r\nfinding the accused guilty of the offence  c harged and recording a  conviction,  shall record the  plea  \r\nof the accused in relation to such part of the charge. \r\n(2) If the accused admits that he has been previously convicted as alleged in the charge, \r\nthe Court may pass a sentence upon him according to law, and if the accused does not admit that he \r\nhas been previously convicted as alleged in the charge, the Court may take evidence in respect of the \r\nalleged previous conviction, and shall record a finding thereon, and then pass sentence upon him \r\naccording to law. \r\n265J. Statement under section 164 admissible. __ The statement of a witness duly recorded \r\nunder section 164, if it was made in the presence of the accused and if he had notice of it and was \r\ngiven an opportunity of cross­examining the witness, may, in the discretion of the Court, if such \r\nwitness is produced and examined, be treated as evidence in the case for all purposes subject to the \r\nprovisions of the Evidence Act, 1872 (II of 1872). \r\n265K. Power of Court to acquit accused at any stage. __ Nothing in this Chapter shall be \r\ndeemed to prevent a Court from a cquitting an accused at any stage of the case, if, after hearing the \r\nprosecutor and the accused and for reasons to be recorded, it considers that there is no probability of \r\nthe accused being convicted of any offence. \r\n265L. Power of Advocate­General to stay  prosecution.__ At any stage of any trial before a \r\nHigh Court under this Code, before the sentence is passed, the Advocate­General may, if he thinks \r\nfit, inform the Court on behalf of Government that he will not prosecute the accused upon the charge; \r\nand thereupon all proceedings against the accused shall be stayed, and he  shall be discharged of and  \r\n  \r\n \r\nPage 123 of 307 \r\n \r\nfrom the same. But such discharge shall not amount to an acquittal unless the presiding judge \r\notherwise directs. \r\n265M. Time of holding sittings. __ For the exercise of its original criminal jurisdiction, every \r\nHigh Court shall hold sittings on such days and at such convenient intervals as the Chief Justice of \r\nsuch Court from time to time appoints. \r\n265N. Place of holding sittings. __ (1) The High Court shall hol d its sittings at the place at \r\nwhich it held them immediately before the commencement  of the  Law Reforms Ordinance, 1972, or \r\nat  such other place  (if any) as the Provincial Government may direct. \r\n(2) But the High Court may, from time to time with the co nsent of the Provincial \r\nGovernment, hold sittings at such other places within the local limits of its appellate jurisdiction as \r\nthe High Court appoints. \r\n(3) Such officer as the Chief Justice directs shall give prior notice in the official Gazette \r\nof all sittings intended to be held for the exercise of the original criminal jurisdiction of the High \r\nCourt.] \r\n \r\nCHAPTER XXIII. __ [OF TRIALS BEFORE HIGH COURTS AND COURTS OF \r\nSESSIONS.] Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n      ______ \r\n \r\nCHAPTER XXIV \r\nGENERAL PROVISIONS AS TO INQUIRIES AND TRIALS \r\n337. Tender of pardon to accomplice. __ 1[(1) In the case of any offence triable \r\nexclusively by the High Court or Court of Session, or any offence punishable with imprisonment \r\nwhich may extend  to ten years, or  any offence punishable under section 211 of the Pakistan Penal \r\nCode (XLV of 1860) with imprisonment which may extend to seven years, or any offence unde r any \r\nof the following sections of the Pakistan Penal Code ( XLV of 1860 ), namely, sections 216A, 369, \r\n401, 435 and 477A the 2[officer­in­charge of the prosecution in the d istrict] may,  at any stage of  the \r\ninvestigation or inquiry into, or the trial of the offence, with   a view to obtaining the evidence of any \r\nperson supposed to have been directly or indirectly concerned in or privy to the offence, tender a \r\npardon to such person on condition of his making a full and true disclosure of the whole of the \r\ncircumstances within his knowledge relative to the offence and to every other person concerned, \r\nwhether as principal or abettor, in the commission thereof 4[:] \r\n3[* * * * * * *] \r\n4[Provided that no person shall be tendered pardon who is involved in an offence relating to \r\nhurt or qatl without permission of the victim or, as the case may be, of the heirs of the victim.] \r\n(1A) Every Magistrate who tenders a pardon under sub­section ( 1) shall record his reason \r\nfor so doing, and shall, on application made by the accused, furnish him with a copy of such record: \r\n \r\n1Subs. by the Code of Criminal Procedure (Amdt.) Act 1923 (XVIII of 1923), s.86. \r\n2Subs. by Ord. No. XXXVII of 2001, s.60. \r\n3Omitted by Ord. No. XXVII of 1981, s.3 and second Sch. \r\n4Subs. and added by Act No. II of 1997, s.12. \r\n \r\n \r\nPage 124 of 307 \r\n \r\nProvided that the accused shall pay for the same unless the Magistrate for some special \r\nreason thinks fit to furnish it free of cost.] \r\n1[(2)  Every person accepting a tender under this section shall be examined as a witness in the \r\nsubsequent trial, if any.] \r\n2[(2A) In every case where a person has accepted a tender of pardon a nd has been examined \r\nunder sub­ section (2), the Magistrate before whom the proceedi ngs are pending shall, if he is \r\nsatisfied that there are reasonable grounds for believing that the accused is guilty of an offence, \r\ncommit him for trial to the Court of Session or High Court, as the case may be.] \r\n(3) Such person, 3[unless he is already on bail], shall be detained in custody until the \r\ntermination of the trial 4[* * *]. \r\n(4)   5[* * * * * * *] \r\n6[338. Power to grant or tender pardon. __ At any time before the judgment is passed, the \r\nHigh Court or the Court of Session trying the case may, with the view of obtaining on the trial the \r\nevidence of any person supposed to have been directly or indirectly concerned in, or privy to , any \r\nsuch offence, tender, or order the 7[officer­in­charge of the prosecution in the district] to tender, a \r\npardon on the same condition to such person 8[:]] \r\n8[Provided that no person shall be tendered pardon who is involved in an offence relating to \r\nhurt or qatl without permission of the victim or, as the case may be, of the heirs of the victim.] \r\n339. Commitment of person to whom pardon has been tendered. __ (1) Where a pardon \r\nhas been tendered under section 3 37 or section 3 , and 9[the Public Prosecutor certifies t hat in his \r\nopinion] any  person who has accepted such tender has, either by wilfully concealing anything \r\nessential or by giving false evidence, not complied with the condition on which the tender was made \r\n10[such person may be] tried for the offence in  respect of which the pardon was so tendered, or for \r\nany other offence of which he appears to have been guilty in connection with the same matter: \r\n9[Provided that such person shall not be tried jointly with any of the other accused, and that \r\nhe shall be ent itled to plead at such trial that he has complied with the conditions upon which such \r\ntender was made; in which case it shall be for the prosecution to prove that such conditions have not \r\nbeen complied with.] \r\n(2) The statement made by a person who has accepted a tender of pardon may be given in \r\nevidence against him 11[at such trial]. \r\n(3) No prosecution for the offence of giving false evidence in respect of such statement \r\nshall be entertained without the sanction of the High Court. \r\n \r\n1Subs. by the Federal Laws (Revision and Declaration) Ord., 1981(XXVII of 1981), s.3 and 2nd Sch.  \r\n2Ins. by Act No. XVIII of 1923, s. 86. \r\n3Subs. ibid. \r\n4Omitted ibid. \r\n5Omitted ibid. \r\n6Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2. and Sch.  \r\n7Subs. by Ord No. XXXVII of 2001, s .61. \r\n8Subs. & added by Act No. II of 1997, s.13. \r\n9Ins., subs. and added by Act No. XVIII of 1923, s.87. \r\n10Subs. ibid. \r\n11Subs. ibid. \r\n \r\n \r\nPage 125 of 307 \r\n \r\n1[339A. Procedure in trial of person under section 339. __ (1) The Court trying under \r\nsection 339 a person who has accepted a tender of pardon shall, before the evidence of the witnesses \r\nfor the prosecution     is taken, ask the accused whether he pleads that he has complied with the \r\nconditions on which the tender of the pardon was made. \r\n(2) If the accused does so plead, the Court shall record the plea and proceed with the trial, \r\nand shall, before judgment is passed in the case, find whether or not the accused has complied with \r\nthe conditions of the pardon, and, if it is found that he has so complied, the Court shall, \r\nnotwithstanding anything contained in this Code, pass Judgment of acquittal.] \r\n2[340. Right of person against whom proceedings are instituted to be defended and his \r\ncompetency to be a witness. __ (1) Any person accused of an offence before a Criminal Court, or \r\nagainst whom proceedings are instituted under this Code in any such Court, may of right be defended \r\nby a pleader. \r\n3[(2) Any person accused of an offence before a Criminal Court or against whom \r\nproceedings are instituted under this Code in any such Court  shall, if he does not plead guilty, give \r\nevidence on oath in disproof of the charges or allegations made against him or any person charged or \r\ntried together with him at the same trial: \r\nProvided that he shall not be asked, and, if asked, shall not be requi red to answer, any \r\nquestion tending   to show that he has committed or been convicted of any offence other than the \r\noffence with which he is charged or for which he is being tried, or is of bad character, unless__ \r\n(i) the proof that he has committed or bee n convicted of such offence is \r\nadmissible in evidence to show that he is guilty of the offence with which he is \r\ncharged or for which he is being tried; or \r\n(ii) he has personally or by his pleader asked questions of any witness for the \r\nprosecution with a vi ew to establishing his own good character, or has given \r\nevidence of his good character; or \r\n(iii) he has given evidence against any other person charged with or tried for the \r\nsame offence.] \r\n341. Procedure where accused does not understand proceedings. If the accused, though \r\nnot insane, cannot be made to understand the proceedings, the Court may proceed with the 4[* * *] \r\ntrial; and, in the case of a Court other than a High Court, 4[* * * ] or if such trial results in a \r\nconviction, the proceedings shall b e forwarded to the High Court with a report of the circumstances \r\nof the case, and the High Court shall pass thereon such order as it thinks fit. \r\n342. Power to examine the accused. __ (1) For the purpose of enabling the accused to \r\nexplain any circumstances appearing in the evidence against him, the Court may, at any stage of any \r\ninquiry or trial without previously warning the accused, put such questions to him as the Court \r\nconsiders necessary, and  shall, for the purpose aforesaid, question him generally on t he case after \r\nthe witnesses for the prosecution  have been examined and before he is called on for his defence. \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n2Subs. by Act No. XVIII of 1923, s.89. \r\n3Subs. by the Code of Criminal Procedure (Amdt.) Ordinance, 1985 (XII of 1985), s.2.  \r\n4Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n \r\nPage 126 of 307 \r\n \r\n(2) The accused shall not render himself liable to punishment by refusing to answer such \r\nquestions, or by giving false answers to them; but the Court 1[* * *] may draw such inference from \r\nsuch refusal or answers as it thinks just. \r\n(3) The answers given by the accused may be taken into consideration in such inquiry or \r\ntrial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence \r\nwhich such answers may tend to show he has committed. \r\n2[(4) Except as provided by sub­section (2) of section 340, no oath shall be administered to \r\nthe accused.] \r\n343. No influence to be used to induce disclosures.  Except as provided in sections 337 \r\nand 338, no influence, by means of any promise or threat or otherwise, shall be used to an accused \r\nperson to induce him to disclose or withhold any matter within his knowledge. \r\n344. Power to postpone or adjourn proceedin gs.__ (1) If, from the absence of a witness, \r\nor any other reasonable cause, it becomes necessary or advisable to postpone the commencement of, \r\nor adjourn any inquiry or trial, the Court may, if it thinks fit, by order  in  writi ng,  stating the  \r\nreasons th erefor, from time to time, postpone or adjourn the same on such terms  3[including \r\nadjournment costs] as it  thinks fit,  for  such  time as it considers reasonable, and may by a warrant \r\nremand the accused if in custody : \r\nRemand. Provided that no Magistrate  shall remand an accused person to custody under this \r\nsection for a term exceeding fifteen days at a time. \r\n(2) Every order made under this section by a Court other than a High Court shall be in \r\nwriting signed by the presiding Judge or Magistrate. \r\nExplanation.__ Reasonable cause  for remand .  If sufficient evidence has been obtained to \r\nraise a suspicion that the accused may have committed an offence, and it appears likely that further \r\nevidence may be obtained by a remand, this is a reasonable cause for a remand. \r\n4[344A. Conclusion of trial. __ The Court shall, upon taking cognizance of a case under \r\nsections 354A, 376, 377 and 377B of the Pakistan  Penal Code,  1860  (Act XLV  of 1860),  decide \r\nthe case within three months failing which the matter shall be brought by the Court to the notice  of  \r\nthe Chief Justice of the High Court concerned for appropriate directions.] \r\n345. Compounding offences. __ (1) The offences punishable under the sections of the \r\nPakistan Penal Code (XLV of 1860) 5[specified] in the first two columns of the table next following \r\nmay be compounded by the persons mentioned in the third column of that table:__ \r\n \r\n \r\n1Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch.  \r\n2Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s.3 and Second Scheduled. \r\n3Ins. by Act No. XVII of 2017, s.3, only for ICT when notified. \r\n4Ins. by Act No. XLIV of 2016, s.12. \r\n5Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s.90. \r\n  \r\n \r\nPage 127 of 307 \r\n \r\nOffence. Sections of \r\nPakistan Penal \r\nCode applicable. \r\nPersons by whom offence may \r\nbe compounded. \r\nUttering words, etc., with deliberate intent \r\nto wound the religious feelings of any \r\nperson. \r\n298 The person whose religious \r\nfeelings are intended to be \r\nwounded. \r\n1[*  *  * * *  * *] \r\nWrongfully restraining or \r\nconfining any person. \r\n341, 342 The person restrained or \r\nconfined. \r\nAssault or use of criminal force. 352,355,358 The person assaulted or to \r\nwhom criminal forces is used. \r\nUnlawful compulsory labour.. 374 The person compelled to labour. \r\nMischief, when the only loss or damage \r\ncaused is loss or damage to a private person \r\n426, 427 The person to whom the loss or \r\ndamage is caused. \r\nCriminal trespass .. .. 447 The person in possession of \r\nthe property trespassed upon. House­trespass .. .. 448 \r\n2[Dishonestly issuing a cheque for \r\nrepayment of loan or fulfillment of an \r\nobligation. \r\n489­F The person in whose favour  \r\ncheque issued.] \r\nCriminal breach of contract of service .. .. .. 490, 491, 492 The person with whom the  \r\noffender has contracted. \r\nAdultery ..  ..  .. 497  \r\nThe husband of the woman. \r\nEnticing or taking away or detaining with \r\ncriminal intent a married woman ..  .. \r\n498  \r\n \r\n \r\nDefamation ..  ..  .. \r\n \r\n \r\n500 \r\n \r\n \r\n \r\n \r\nThe person defamed. \r\nPrinting or engraving matter, \r\nknowing it to be defamatory. \r\n \r\n \r\n501 \r\nSale of printed or engraved  substance \r\ncontaining defamatory matter, knowing it \r\nto contain such matter. \r\n \r\n \r\n502 \r\nInsult intended to provoke a \r\nbreach of the peace. \r\n \r\n504 The person insulted. \r\nCriminal intimidation except when the \r\noffence is punishable with imprisonment \r\nfor seven years. \r\n \r\n506 The person intimidated. \r\n3[Act caused by making a person believe \r\nthat he will be an object of divine \r\ndispleasure. \r\n508 The person against whom the \r\noffence was committed.]. \r\n \r\n1Omitted by Act II of 1997, s. 14. \r\n2Ins. by Ord No. LXXXV of 2002, s.6. \r\n3Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 90. \r\n  \r\n \r\nPage 128 of 307 \r\n \r\n1[(2) 2[Subject to sub­section (7) , the] offences punishable under the sections of the Pakistan \r\nPenal Code (XLV of 1860) specified in the first two columns of the table next following may, with the \r\npermission of the Court before which any prosecution for such offence is pending, be compounded by the \r\npersons mentioned in the third column of that table:__ \r\n \r\n1Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 90.  \r\n2Subs. by Act No. XLIII of 2016, s.8. \r\n3Ins. by Act No. VI of 04, s. 2. \r\n4Subs. by Act No. II of 1997, s.14. \r\n5Subs. and added by Act No. XLIII of 2016. \r\n6Added and subs. by Act No. I of 2005, s. 14. \r\n \r\nOffence Sections of the \r\nPakistan Penal Code \r\napplicable \r\nPersons by whom offence may be \r\ncompounded \r\n3[Rioting 147 The person against whom the offence was \r\ncommitted or the heirs of such person, as the \r\ncase may be, if the offence was committed \r\nalongwith another compoundable offence \r\nRioting armed with deadly weapon 148 Ditto] \r\n4[Qatl­i­amd 302 5[by the heirs of the victim, subject to the \r\nprovisions of section 311.]. \r\nQatl under ikrah­i­tam 303 Ditto. \r\nQatl­i­amd not liable to qisas 308 Ditto. \r\nQatl­i­Shibh­i­amd 316 6[By the heirs of the victim] \r\nQatl­i­khata 319 Ditto \r\nQatl­i­khata by rash or negligent \r\ndriving. \r\n320 Ditto \r\nQatl­bis­sabab 322 Ditto \r\nAttempt to commit qatl­i­amd 324 The person against whom the \r\noffence was committed. \r\nItlaf­i­udw 334 The person to whom hurt is caused \r\nItlaf­i­Salahiyyat­i­udw 336 Ditto \r\nShajjah of any kind 337A Ditto \r\nJaifah 337D Ditto \r\nGhayr­jaifah of any kind 337F Ditto \r\nHurt by rash or negligent driving 337G Ditto \r\nHurt by rash or negligent act 337H Ditto \r\nHurt by mistake 337I Ditto \r\nHurt by means of a poison 337J Ditto \r\nHurt to extort confession or to \r\ncompel restoration of property \r\n337K Ditto \r\nOther hurts 337L Ditto \r\nHurt not liable to qisas 337M Ditto \r\n \r\nPage 129 of 307 \r\n \r\nCases in which qisas for hurt cannot be \r\nenforced \r\n337N Ditto \r\nIsqat­i­haml 338A The victim or the heirs of the victim, as the \r\ncase may be. \r\nIsqat­i­janin 338C The victim or the heirs of the victim, as the \r\ncase may be.] \r\nWrongfully confining a person \r\nfor three days or more. \r\n343 The person confined. \r\nWrongfully confining a person in secret. 346 Ditto. \r\nAssault or criminal force in attempting \r\nwrongfully to confine a person. \r\n357 The person assaulted or to whom the force was \r\nused. \r\nDishonest misappropriation of property 403 The owner of the property misappropriated. \r\nCheating .. .. .. 417 The person cheated. \r\nCheating a person whose interest the \r\noffender was bound, by law or by legal \r\ncontract, to protect \r\n418 Ditto \r\nCheating by personation .. .. .. 419 Ditto \r\nCheating and dishonestly  inducing \r\ndelivery of property or the making, \r\nalteration or  destruction of a valuable \r\nsecurity. \r\n420 Ditto \r\nMischief by injury to work of irrigation \r\nby wrongfully diverting water when the \r\nonly loss or damage caused is loss or \r\ndamage to a private person \r\n430 The person to whom the loss or damage is \r\ncaused. \r\nHouse­trespass to commit an  offence \r\n(other than theft)  punishable with \r\nimprisonment. \r\n451 The person in possession of the house \r\ntrespassed upon. \r\nUsing a false trade or property mark. 482 The person to whom loss or injury is caused by \r\nsuch use. \r\nCounterfeiting a trade or property mark \r\nused by another. \r\n483 The person whose trade or property mark is \r\ncounterfeited. \r\nKnowingly selling, or exposing or \r\npossessing for sale or for trade or \r\nmanufacturing purpose, goods marked \r\nwith a counterfeit trade or property \r\nmark. \r\n486 Ditto. \r\nMarrying again during the lifetime of a \r\nhusband or wife. \r\n494 The husband or wife of the person so marrying. \r\nUttering words or sounds or making \r\ngestures or exhibiting any object \r\nintending to insult the modesty of a \r\nwoman or intruding upon the privacy of \r\na woman. \r\n509 The woman whom it is intended to insult or \r\nwhose privacy is intruded upon.] \r\n \r\n \r\nPage 130 of 307 \r\n \r\n1\r\n[(2a) Where an offence under Chapter XVI of the Pakistan Penal Code, 1860 (Act XLV of \r\n1860), has been committed in the name or on the pretext of karo kari, siyah kari  or similar other \r\ncustoms or practices, such offence may be waived or compounded subject to such conditions as the \r\nCourt may de em fit to impose with the consent of the parties having regard to the facts and \r\ncircumstances of the case.] \r\n(3) When any offence is compoundable under this section, the abetment of such offence \r\nor an attempt to commit such offence (when such attempt is itself an offence) may be compounded in \r\nlike manner. \r\n(4) When the person who would otherwise be competent to compound an offence under \r\nthis section is 2[under the age of eighteen years or is] an idiot or a lunatic, any person competent to \r\ncontract on his behalf may 3[with the permission of the Court] compound such offence. \r\n4[(5)  when the accused has been convicted and an appeal is pending, no composition for \r\nthe offence shall be allowed without the leave of the Court before which the appeal is to be heard.] \r\n3[(5A)  A High Court acting in the exercise of its powers of revision under section 439 5[,and \r\na Court of Session so acting under section 439­A,] may allow any person to compound any offence \r\nwhich he is competent to compound under this section.] \r\n(6)  The composition of an offence under this section shall have the effect of an acquittal \r\nof the accused 2[with whom the offence has been compounded.] \r\n6[(7)  No offence shall be waived or compounded save as provided by this section and \r\nsection 311 of the Pakistan Penal Code, 1860 (Act V of 1860).] \r\n7[346. Procedure of Magistrate in cases which he cannot dispose of. __ (1) If, in the  course  \r\nof  an inquiry or trial before a Magistrate in any district, the evidence appears to him to warrant a \r\npresumption that the case is one which should be tried, or sent for trial to the Court of Session  or the  \r\nHigh  Court, by some other Magistrate in such district, he shall stay proceedings and submit the case, \r\nwith a brief report explaining its nature,  to  the  Sessi ons  Judge  or  to  such  other  Magistrate,  \r\nhaving  jurisdiction,  as  the  Sessions Judge directs. \r\n(2) The Magistrate to whom the case is submitted may, if so empowered, either try the \r\ncase himself or send the case for trial to the Court of Session or the High Court.] \r\n8[347. Procedure when after commencement of trial,  Magistrate finds case should be \r\ntried by Court of Session or High Court. __ If in any trial before a Magistrate, before signing \r\njudgment, it appears to him at any stage of the proceeding that the case is one which ought to be tried \r\nby the Court of Session or High Court, he shall send the case to the Court of Session or High Court, \r\nfor trial.] \r\n \r\n1Ins. by Act No. I of 2005, s.14. \r\n2Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923, (XVIII of 1923), s. 90. \r\n3Ins. ibid. \r\n4Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n5Ins. ibid. \r\n6Subs. by Act No. XLIII of 2016, s.8. \r\n7Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch.  \r\n8Subs. ibid. \r\n  \r\n \r\nPage 131 of 307 \r\n \r\n348. Trial of persons previously convicted of offences against coinage, stamp­law or  \r\nproperty.__ 1[(1)] Whoever, having been convicted of an offence punishable under Chapter  XII or \r\nChapter XVII of the Pakistan Penal Code (XLV of 1860) with imprisonment for a term of three years \r\nor  upwards,  is  again accused of any offence punishable under either of those  chapters with \r\nimprisonment  for a  term of three  years or upwards, shall 2[if the Magistrate before whom the case \r\nis pending is satisfied that there  are sufficient grounds 3[for the trial of the accused by the Court of \r\nSession or High Court, as the case may be, send the accused for trial to such Court] unless the \r\nMagistrate 4[is competent to try the case  and] is of  opinion that he can himself pass an adequate \r\nsentence if the accused is convicted: \r\n5[* * * * * * *] \r\n6[(2) When any person is sent for trial to the Court of Session or High Court under \r\nsub­section (1), any other person accused jointly with him in the trial shall be similarly sent for trial.] \r\n349. Procedure when Magistrate cannot pass sentence sufficiently severe. __ (1)  \r\nWhenever  a Magistrate of the second or third class, hav ing jurisdiction, is of opinion, after hearing \r\nthe evidence for the prosecution and the accused, that the accused is guilty,  and that he ought  to \r\nreceive a punishment different in kind from, or more severe than, that which such Magistrate is \r\nempowered to inflict, or that he ought to be required to execute a bond under section 106, he may \r\nrecord the opinion and submit his proceedings, and forward the accused, 7[to a Magistrate of the first \r\nclass specially empowered in this behalf by the Provincial Government] to whom he is subordinate. \r\n8[(1A) When more accused than one are being tried together , and the Magistrate considers it \r\nnecessary to proceed under sub­section (1) in regard to any of such accused, he shall forward all the \r\naccused who are in his opinion guilty to the 7[Magistrate empowered under sub­section (1)].] \r\n(2) The Magistrate to whom the proceedings are submitted may, if he thinks fit, examine \r\nthe parties and recall and examine any witness who has already given evidence in the case and may \r\ncall for and take any further evidence, and shall pass such Judgment, sentence or order in the case as \r\nhe thinks fit, and as is according to law: \r\nProvided that he shall not inflict a punishment more severe than he is empowered to inflict \r\nunder sections 32 and 33. \r\n9[350. Conviction on evidence partly recorded by one presiding officer and partly by \r\nanother.__ (1) Whenever any Sessions Judge or Magistrate, after having heard and recorded the \r\nwhole or any part of the evidence in an inquiry or a trial, ceases to  exercise jurisdiction therein, and \r\nis succeeded by another Sessions Judge or Magistrate who has and who exercises such jurisdiction, \r\nthe Sessions Judge or Magistrate so succeeding may act on the evidence  so recorded by his \r\npredecessor, or partly recorded  by his predecessor  and partly recorded by himself; or he may \r\nre­examine the witnesses and recommence the inquiry or trial : \r\n \r\n \r\n \r\n1Renumbered by Act No. XVIII of 1923, s.92. \r\n2Ins. ibid. \r\n3Subs. by Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n4Subs. by Act No. XVIII of 1923, s. 92. \r\n5Omitted by Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n6Subs. ibid. \r\n7Subs. by Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n8Ins. by Act No. XVIII of 1923, s.93. \r\n9Subs. by the Code of Criminal Procedure (Second Amendment) Ordinance, 1980 (VIII of 1980), s.2. \r\n \r\n \r\nPage 132 of 307 \r\n \r\nProvided that— \r\n(a) Where the conviction was held before a Sessions Judge, the High Court; and \r\n(b) where the conviction was held before a Magistrate, the High Court or the \r\nCourt of Session, \r\nmay, whether there be an appeal or not, set aside any conviction passed on evidence \r\nnot wholly recorded by the Sessions Judge or Magistrate before whom the conviction was \r\nheld, if such Court is of opinion that the accused has been materia lly prejudiced thereby, and \r\nmay order a new inquiry or trial.] \r\n(2) Nothing in this section applies to cases in which proceedings have been stayed under \r\nsection 346 1[or in which proceedings have been submitted to a 2[Magistrate specially empowered] \r\nunder section 349]. \r\n1[(3) When a case is transferred under the provisions of this Code from one Magistrate to \r\nanother, the former shall be deemed to cease to exercise jurisdiction therein and to be succeeded by \r\nthe latter within the meaning of sub­section (1).] \r\n3[350A. Changes in constitution of Benches.  No order or judgment of a Bench of \r\nMagistrates shall be invalid by reason only of a change having occurred in the constitution of the \r\nBench in any case in which the Bench by which such order or judgment is passed is duly constituted \r\nunder sections 15 and 16, and the Magistrates constituting the same have been present on the Bench \r\nthroughout the proceedings.] \r\n351. Detention of offenders attending Court. __ (1) Any person attending a Criminal \r\nCourt, although not under  arrest or upon a summons, may be detained by such Court for the purpose \r\nof inquiry into  or trial of any  offence  of which such Court can take cognizance and which, from the \r\nevidence, may appear to have been committed, and may be proceeded against as th ough he had been \r\narrested or summoned. \r\n(2) When the detention takes place 4[* * *] after a trial has been begun the proceedings in \r\nrespect of such person shall be commenced afresh, and the witnesses re­heard. \r\n352. Courts to be open.  5[(1)] The place in which any Criminal Court is held for the \r\npurpose of inquiring into or trying any offence shall be deemed an open Court, to which the public \r\ngenerally may have access, so far as the same can conveniently contain them: \r\nProvided that the presiding Judge or Magistrate may, if he thinks fit, order at any stage of any \r\ninquiry into, or trial of, any particular case, that the public generally, or any particular person, shall \r\nnot have access to, or be or remain in, the room or building used by the Court. \r\n5[(2) Notwithstanding anything contained in sub­section (1), the trial of offences under \r\nsections 354A, 376, 376A, 377 and 377B of the Pakistan Penal Code, 1860 (Act XLV of 1860) shall \r\nbe conducted in camera: \r\n \r\n1Added by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s.94. \r\n2Subs. by Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n3Ins. Act No. XVIII of 1923, s. 95. \r\n4Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n5Added by Act No. XLIV of 2016, s.13. \r\n  \r\n \r\nPage 133 of 307 \r\n \r\nProvided that the Presiding Officer, if he thinks fit, or on an application made by either of the \r\nparties, allow any particular person to have access to, or be or remain in, the Court. \r\n(3) Where any proceeding are held under sub­sect ion (2), the Government may adopt \r\nappropriate measures, including holding of the trial through video link or usage of screens, for \r\nprotection of the victim and the witnesses. \r\n(4) Where any proceedings are held under sub­section (2), it shall not be lawful for any \r\nperson to print or publish or broadcast any matter in relation to any such proceedings, except  with \r\npermission of the Court.] \r\n        ______ \r\nCHAPTER XXV \r\nOF THE MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND \r\nTRIALS \r\n353. Evidence to be taken  in presence of accused.  Except as otherwise expressly \r\nprovided, all evidence taken under 1[Chapters XX, XXI, XXII and XXIIA] shall be taken in the \r\npresence of the accused, or, when his personal attendance is dispensed with, in presence of his \r\npleader. \r\n354. Manner of recording evidence.  In inquiries and trials (other than summary trials) \r\nunder this Code by or before a Magistrate 2[* * * ] or Sessions Judge, the evidence of the witnesses \r\nshall be recorded in the following manner. \r\n355. 3[Record in trials of certain cases by first and Second class Magistrates]. __(1)4[in  \r\ncases tried under Chapter XX or Chapter XXII] by a Magistrate  of the first or second class and in all \r\nproceedings under section 514 (if not in the course of a trial), the Magistrate shall mak e a \r\nmemorandum of the substance of the evidence of each witness as the examination of the witness \r\nproceeds. \r\n(2) Such memorandum shall be written and signed by the Magistrate with his own hand, \r\nand shall form part of the record. \r\n(3) If the Magistrate is prevented from making a memorandum as above required, he shall \r\nrecord the reason of his inability to do so, and shall cause such memorandum to be made in writing \r\nfrom his dictation in open Court, and shall sign the same, and such memorandum shall form part of  \r\nthe record. \r\n \r\n356. Record in other cases.__ (1) 5[In trials before Courts of Session and in inquiries under \r\nChapter XII], the evidence of each witness shall b e taken down in writing in the language of the \r\nCourt by the Magistrate or Sessions Judge, or in his presence and hearing and under his personal \r\ndirection and superintendence and shall be signed by the Magistrate or Sessions Judge. \r\n(2) Evidence given in English . When the evidence of such witness is given in English, \r\nthe Magistrate or Sessions Judge ma y take it down in that language with his own hand, and, unless \r\nthe accused is familiar with English, or the language of the Court is English, an authenticated \r\ntranslation of such evidence in the language of the Court shall form part of the record. \r\n1Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n2Omitted by A.O., 1949, Sch. \r\n3Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n4Subs. ibid. item (120). \r\n5Subs. ibid. item (121). \r\n \r\nPage 134 of 307 \r\n \r\n1[(2A) When the evidence of such witness is  given in any other language, not being English, \r\nthan the language of the Court, the Magistrate or Sessions Judge may take it down in that language \r\nwith his own hand, or cause it to be taken down in that language in his presence and hearing and \r\nunder his p ersonal direction and superintendence, and an authenticated translation of such evidence \r\nin the language of the Court or in English shall form part of the record.] \r\n(3) Memorandum when evidence not taken down by the Magistrate or Judge \r\nhimself. In cases in which the evidence is not taken down in writing by the Magistrate or Sessions \r\nJudge, he shall, as the examination of each witness proceeds, make a memorandum of the substance \r\nof what such witness deposes; and such memorandum shall be written and signed by the Magistrate \r\nor Sessions Judge with his own hand, and shall form part of the record. \r\n(4) If the Magistrate or Sessions Judge is prevented from making a memorandum as \r\nabove required, he shall record the reason of his inability to make it. \r\n357. Language of record of evidence.__ (1) The 2[Provincial Government] may direct that \r\nin any district or part of a district, or in proceedings before any Court of Session, or before any \r\nMagistrate or class of Magistrates the evidence of each witness shall, in the cases referred to in \r\nsection 356, be taken down by the Sessions Judge or Magistrate with his own hand and in his \r\nmother­tongue, unless he is prevented by any sufficient reason from taking down the evidence  of \r\nany witness, in  which case  he  shall record the  r eason  of his inability to do so and shall cause the \r\nevidence to be taken down in writing from his dictation in open Court. \r\n(2) The evidence so taken down shall be signed by the Sessions Judge or Magistrate, and \r\nshall form part of the record: \r\nProvided that  the 2[Provincial Government] may direct the Session Judge or Magistrate to \r\ntake down the evidence in the English language or in the language of the Court, although such \r\nlanguage is not his mother­tongue. \r\n \r\n358. Option to Magistrate in cases under section 3 55. In cases of the kind mentioned in \r\nSection 355, the Magistrate may, if he thinks fit, take down the evidence of any witness in the \r\nmanner provided in section 356, or, if within the local limits of the jurisdiction of such Magistrate \r\nthe 2[Provincial Government] has made the order referred to in section 357, in the manner provided \r\nin the same section. \r\n359. Mode of recording evidence under section 356 or section 357. __ (1) Evidence taken \r\nunder section 356 or section 357 shall not ordinarily be taken down i n the form of question and \r\nanswer, but in the form of a narrative. \r\n(2) The Magistrate or Sessions Judge may, in his discretion, take down, or cause to be \r\ntaken down, any particular question and answer. \r\n360. Procedure in regard to such evidence when completed.__ (1) As the evidence of \r\neach witness  taken under section 356 or section 357 is completed, it shall be read over to him in the \r\npresence of the accused, if in attendance, or of his pleader, if he appears by pleader, and shall, if \r\nnecessary, be corrected. \r\n \r\n \r\n \r\n1Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 96. \r\n2Subs. by A.O., 1937, for “L.G”. \r\n \r\nPage 135 of 307 \r\n \r\n(2) If the witness denies the correctness of any part of the evidence when the same is read \r\nover to him, the Magistrate or Ses sions Judge may, instead of correcting the evidence, make a  \r\nmemorandum thereon of the objection made to it by the witness, and shall add such remarks as he \r\nthinks necessary. \r\n(3) If the evidence is taken down in a language different from that in which it ha s been \r\ngiven and the witness does not understand the language in which it is taken down, the evidence so \r\ntaken down shall be interpreted to him in the language in which it was given, or in a language which \r\nhe understands. \r\n361. Interpretation of evidence to  accused or his pleader. __ (1) Whenever any evidence \r\nis given in a language not understood by the accused, and he is present in person, it shall be \r\ninterpreted to him in open Court in a language understood by him. \r\n(2) If he appears by pleader and the evide nce is given in a language other than the \r\nlanguage of the Court, and not understood by the pleader, it shall be interpreted to such pleader in \r\nthat language. \r\n(3) When documents are put in for the purpose of formal proof, it shall be in the \r\ndiscretion of the Court to interpret as much thereof as appears necessary. \r\n362. [Record of evidence in Presidency Magistrate's Court.] Omitted by A.O., 1949, Sch. \r\n \r\n363. Remarks respecting demeanour of witness.  When a Sessions Judge or Magistrate \r\nhas recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks \r\nmaterial respecting the demeanour of such witness whilst under examination. \r\n364. Examination of  accused how recorded.__ (1) Whenever the accused is examined \r\nby any Magistrate, or by any Court other than a High Court 1[* * *] 2[* * *] ,3[* * *], the whole of \r\nsuch examination, including every question put to him and every answer given  by him,  shall be  \r\nrecorded in full, in the language in which he is examined, or, if  that is not practicable, in the \r\nlanguage of the Court or in English: and such record shall be shown or  read to him,  or,  if  he  does \r\nnot understand  the language in which it is written, shall be interpreted to him in a language  which \r\nhe understands,  and he shall be at liberty to explain or add to his answers. \r\n(2) When the whole is made conformable to what he declares is the truth, the record shall \r\nbe signed by the accused and the Magistrate or Judge of such Court, and such Magistrate or Judge \r\nshall certify under his own hand that the examination was taken in his presence and hearing and that \r\nthe record contains a full and true account of the statement made by the accused. \r\n(3) In cases in which the examination of the accused is not recorded by the Mag istrate or \r\nJudge himself, he shall be bound, 4[*  *  * ] as the examination proceeds, to make a memorandum \r\nthereof in the language of the Court, or in English, if he is sufficiently acquainted with the latter \r\nlanguage; and such memorandum shall be written a nd signed by the Magistrate or Judge with his \r\nown hand,  and shall be annexed to the record. If the Magistrate or Judge is unable to make a \r\nmemorandum as above required, he shall record the reason of such inability. \r\n1Omitted by A.O., 1961, Art. 2 and Sch., (with effect from the 23rd March, 1956). \r\n2Rep. by the Repealing and Amending Act, 1919 (XVIII of 1919). \r\n3Rep. by the Repealing and Amending Act, 1923 (XI of 1923), s.3 & sch. II. \r\n4Rep. by the code of Criminal Procedure (Second Amdt.) Act 1923 (XXXVII of 1923), s.2. \r\n \r\n \r\n \r\nPage 136 of 307 \r\n \r\n(4) Nothing in this section shall be deemed to apply to the examination of an accused \r\nperson under section 263 1[*  *  *]. \r\n \r\n365. Record of evidence in High Court.  Every High Court 2[* * *] 3[*] 4[* * *] 5[* * *] \r\n6[shall] from time to time, by general rule prescribe the manner in which evidence shall be taken \r\ndown in cases coming before the Court, 7[and the evidence shall be taken down in accordance with \r\nsuch rule]. \r\n    ______ \r\n \r\nCHAPTER XXVI  \r\nOF THE JUDGMENT \r\n366. Mode of delivering judgment. __ (1) The judgment in every trial in any Criminal \r\nCourt of original jurisdiction shall be pronounced, or the substance of such judgment shall be \r\nexplained,__ \r\n(a) in open Court either immediately after the termination of the tri al or at some \r\nsubsequent time of which notice shall be given to the parties or their pleaders, \r\nand \r\n(b) in the language of the Court, or in some other language which the accused or \r\nhis pleader understands: \r\nProvided that the whole judgment shall be read out by the presiding Judge, if he is requested \r\nso to do either by the prosecution or the defence. \r\n(2) The accused shall, if in custody, be brought up, or, if not in custody, be required by \r\nthe Court to attend, to hear judgement delivered, except where his pers onal attendance during the \r\ntrial has been dispensed with and the sentence is one of fine only or he is acquitted, in either of \r\nwhich cases it may be delivered in the presence of his pleader. \r\n(3) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason \r\nonly of the absence of any party or his pleader on the day or from the place notified for the delivery \r\nthereof, or of any omission to serve, or defect in serving, on the parties or their pleaders, or any of \r\nthem, the notice of such day and place. \r\n(4) Nothing in this section shall be construed to limit in any way the extent of the \r\nprovisions of section 537. \r\n367. Language of judgment. Contents of judgment.__ (1) Every such judgment shall, \r\nexcept as otherwise  expressly provided by this Code, be  written by the  presiding officer of the  \r\nCourt  8[or  from the dictation of such presiding officer] in  the language  of the Court,  or  in   \r\nEnglish; and  \r\n \r\n1Omitted by A.O, 1949, Sch.  \r\n2Omitted by A.O., 1961, Art. 2 and Sch., (with effect from the 23rd March, 1956). \r\n3Rep. by the Lower Burma Courts Act, 1900 (VI of 1900). \r\n4Rep. by Act No. 18 of 1919. \r\n5Rep. by Act No. XI of 1923, s.3 and Sch. II. \r\n6Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 99. \r\n7Subs. ibid. \r\n8Ins. ibid., s.100. \r\n \r\n \r\nPage 137 of 307 \r\n \r\nshall contain the point or points for determination, the decision thereon and the reasons for the \r\ndecision; and shall be dated and signed by the presiding officer in open Court at the time of \r\npronouncing it 1[and where it is not written by the presiding officer with his own hand, every page of \r\nsuch judgment shall be signed by him]. \r\n(2) It shall specify the offence (if any) of which, and the section of the Pakistan Penal \r\nCode (XLV of 1860) or other law under which, the accused is convicted, and the punishment to \r\nwhich he is sentenced. \r\n(3) Judgment in alternative . When the conviction is under the Pakistan Penal Code \r\n(XLV of 1860 ) and  it is doubtful under which of two sections, or under which of tw o parts of the \r\nsame section, of that Code the offence falls, the Court shall distinctly express the same, and pass \r\njudgment in the alternative. \r\n(4) If it be a judgment of acquittal, it shall state the offence of which the accused is \r\nacquitted and direct that he be set at liberty. \r\n(5) If the accused is convicted of an offence punishable with death, and the Court \r\nsentences him to any punishment other than death, the Court shall in its judgment state the reason \r\nwhy sentence of death was not passed 2[.] \r\n3[* * * * * * *] \r\n4[(6) For the purposes of this section, an order under section 118 or section 123, \r\nsub­section (3), shall be deemed to be a judgment.] \r\n368. Sentence of death. __ (1) When any person is sentenced to death, the sentence shall \r\ndirect that he be hanged by the neck till he is dead. \r\n(2) 5[* * * * * * *] \r\n369. Court not to alter judgment.  6[Save as otherwise provided by this Code or by any \r\nother law for the time being in force or, in the case of a High Court 7[*  *  *], by the Letters Patent of \r\nsuch High Court, no Court], when it has signed its judgment, shall alter or review the same, except \r\n8[*   *   *] to correct a clerical error. \r\n370. [Presidency Magistrate's judgment.] Omitted by A.O. 1949, Sch. \r\n \r\n \r\n \r\n1Added by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s.100. \r\n2Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n3Omitted ibid. \r\n4Added by Act No. XVIII of 1923, s. 100.   \r\n5Omitted by the Criminal Procedure (Amdt.) Act, 1974, (XXV of 1974), s.2 and Sch., (w.e.f . 13­4­1972) \r\n6Subs. by Act No. XVIII of 1923, s. 101.   \r\n7Omitted by the Central Laws (Statute Reform ) Ordinance, 1960 (XXI of 1960) s.3 and 2nd Sch. (with effect from the 14th October, 1955). \r\n8Rep. by Act No. XVIII of 1923, s.101. \r\n \r\n \r\n  \r\n \r\nPage 138 of 307 \r\n \r\n371. Copy of Judgment, etc., to be given to accused 1[* *].__ 2[(1)  In  every  case  where  \r\nthe  accused  is convicted of an offence, a copy of the judgment shall be given to him at the time of  \r\npronouncing the judgment, or, when the accused so desires, a translation of the judgment  in his own \r\nlanguage, if practicable, or in the language of the Court, shall be given to him without delay. Such \r\ncopy or translation shall be given free of cost: \r\n3[Provided that this sub­section shall not apply to cases tried summarily.]] \r\n(2) 4[* * * * * * *] \r\n(3) Case of person sentenced to death.  When the accused is sentenced to death by a \r\nSessions Judge, such Judge shall further inform him of the period within which, if he wishes to \r\nappeal, his appeal should be preferred. \r\n372. Judgment when to be translated.  The original judgment shall be filed with the \r\nrecord of proceedings, and, where the original is recorded in a different language from that of the \r\nCourt, and the accused so requires, a translation thereof into the language of the Court shall be added \r\nto such record. \r\n \r\n373. Court of Session to send copy of finding and sentence to 5[officer­in­charge of \r\nprosecution]. In cases tried by the Court of Session, the Court shall forward a copy of its finding and \r\nsentence (if any) to the 5[officer­in­charge of prosecu tion in the district] within the local limits of \r\nwhose Jurisdiction the trial was held. \r\n    _______ \r\nCHAPTER XXVII \r\nOF THE SUBMISSION OF SENTENCES FOR CONFIRMATION \r\n374. Sentence of death to be submitted by Court of Session.  When the Court of Session \r\npasses sentence of death, the proceedings shall be submitted to the High Court and the sentence shall \r\nnot be executed unless it is confirmed by the High Court. \r\n375. Power to Direct further inquiry to be made or additional evidenc e to be taken. __ \r\n(1) If when such proceedings are submitted the High Court thinks that a further inquiry should be \r\nmade into,  or  additional evidence taken upon, any point bearing upon the guilt or innocence  of the  \r\nconvicted person, it may make such inquiry or take such evidence itself, or direct it to be made or \r\ntaken by the Court of Session. \r\n6[(2) Unless the High Court otherwise directs, the presence of the convicted person may be \r\ndispensed with when such inquiry is made or such evidence is taken.] \r\n(3) When the inquiry and the evidence (if any) are not made and taken by the High Court, \r\nthe result of such inquiry and the evidence shall be certified to such Court. \r\n \r\n \r\n1Omitted by the Law Reforms Ord. 1972 (XII of 1972), s.2 and Sch. \r\n2Subs. ibid. item (124) \r\n3Subs. by Ord. No. XV of 02, s.2. \r\n4Omitted ibid. \r\n5Subs. by Ord. XXXVII of 2001, s.62. \r\n6Subs. by the Law Reforms Ord. 1972 (XII of 1972), s.2 and Sch. \r\n \r\nPage 139 of 307 \r\n \r\n376. Power of High Court to confirm sentence or annul conviction.  In any case \r\nsubmitted under section 374, 1[*  *  *] the High Court__ \r\n(a) may confirm the sentence, or pass any other sentence warranted by law, or \r\n(b) may annul the conviction, and convict the accused of any offence of which the  \r\nSessions Court might have convicted him, or order a new trial on the same or \r\nan amended charge, or  \r\n(c) may acquit the accused person: \r\nProvided that no order of confirmation shall be made under this section until the period \r\nallowed for preferring an appeal has expired, or, if an ap peal is presented within such period, until \r\nsuch appeal is disposed of. \r\n377. Confirmation of new sentence to be signed by two Judges.  In every case so \r\nsubmitted, the confirmation of the sentence, or any new sentence or order passed by the High Court, \r\nshall, when such Court consists of two or more judges, be made, passed and signed by at least two of \r\nthem. \r\n378. Procedure in case of difference of opinion.  When any such case is heard before a \r\nBench of Judges and such Judges are equally divided in opinion, the case, will their opinions \r\nthereon, shall be laid before another Judge, and such Judge, after such hearing as he thinks fit, shall \r\ndeliver his opinion, and the judgment or order shall follow such opinion. \r\n379. Procedure in cases submitted to High Court for confirmation. In cases submitted \r\nby the Court of Session to the High Court for the confirmation of a sentence of death, the proper \r\nofficer of the High Court shall, without delay, after the order of confirmation or other order has been \r\nmade by the High Court, send a copy of the order, under the seal of the High Court and attested with \r\nhis official signature, to the Court of Session. \r\n2[380. Procedure in cases submitted by Magistrate not empowered to act under section \r\n562. Where proceedings are submitted to a Magistrate of the first class 3[***] as provided by section \r\n562, such Magistrate may thereupon pass such sentence or make such order as he might have passed \r\nor made if the case had originally been heard by him, and, if he thinks further inquiry or addition al \r\nevidence on any point to be necessary, he may make such inquiry or take such evidence himself or \r\ndirect such inquiry or evidence to be made or taken. \r\nCHAPTER XXVIII  \r\nOF EXECUTION \r\n381. Execution of order passed under section 376. When a sentence of death passed by a \r\nCourt of Session is submitted to the High Court for confirmation, such Court of Session shall, on \r\nreceiving the order of confirmation or other order of the High Court thereon, cause such order to be \r\ncarried into effect by issuing a warrant or taking such other steps as may be necessary 4[:] \r\n \r\n1Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and sch. \r\n2Rep. by Probation of Offenders Ordinance, 1960 (LXV of 1960).  \r\n3Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and 2nd  Sch. \r\n4Subs. by Act No. II of 1997, s.14. \r\n  \r\n \r\nPage 140 of 307 \r\n \r\n1[Provided that the sentence of death shall not be executed if the heirs of the deceased pardon \r\nthe convict or enter into a compromise with him even at the last moment before execution of the \r\nsentence]. \r\n382. Postponement of capital sentence on pregnant woman.   If a woman sentenced to \r\ndeath is found to be pregnant, the High Court shall order the execution of the sentence to be \r\npostponed, and may, if it thinks fit, commute the sentence to 2[imprisonment for life]. \r\n3[382-A. Postponement of execution of sentences of imprisonment under section 476 or \r\nfor a period of less than one year. __ Notwithstanding anything contained in section 383 or 391, \r\nwhere the accused__ \r\n(a) is awarded any sentence of imprisonment under section 476, or \r\n(b) is sentenced in cases other than those provided for in section 381, to \r\nimprisonment whether with or without fine or whipping, for a period of less \r\nthan one year, \r\nthe sentence shall n ot, if the accused furnishes bail to the satisfaction of the Court for his \r\nappearance at such time and place as the Court may direct, be executed, until the  expiry  of \r\nthe period prescribed for making an appeal against such sentence, or, if an appeal is m ade \r\nwithin  that time, until the sentence of imprisonment is confirmed by the Appellate  Court, \r\nbut the sentence shall  be executed as soon as practicable after the  expiry  of  the  period  \r\nprescribed  for  making  an  appeal, or, in case of an appeal, as  soon as practicable after the \r\nreceipt of the order of the Appellate Court confirming the sentence. \r\n382-B.  Period of detention to be considered while awarding sentence of imprisonment.__ \r\nWhere a Court decides to pass a sentence of imprisonment on an accus ed for an offence, it 4[shall] \r\ntake into consideration the period, if any, during which such accused was detained in custody for \r\nsuch offence.] \r\n382­C. Scandalous or false and frivo lous pleas to be considered in passing sentence. __In \r\npassing a sentence on an accused for any offence, a Court may take into consideration any \r\nscandalous or false and frivolous plea taken in defence by him or on his behalf.] \r\n383. Execution of sentences of 2[imprisonment for life] or imprisonment in other \r\ncases. Where the accused is sentenced to 2[imprisonment for life] or imprisonment in cases other \r\nthan those provided for by section 381, 5[and section 382­A], the Court passing the  sentence shall \r\nforthwith forward a warrant to the jail in which he is, or is to be, confined, and, u nless the accused is \r\nalready confined in such jail, shall forward him to such jail, with the warrant. \r\n384. Direction of warrant for execution. Every warrant for the execution of a sentence of \r\nimprisonment shall be directed to the officer in charge of the j ail or other place in which the prisoner \r\nis, or is to be, confined. \r\n \r\n1Added by Act No. II of 1997, s.15. \r\n2Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s.2 and Sch. (w.e.f 13.4.72)  \r\n3Ins. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch.  \r\n4Subs. by the Code of Criminal Procedure (Second Amdt.) Ordinance, 1979 (LXXI of 1979), s. 2. \r\n5Added by the Law Reforms (Amdt.) Act, 1972 (VIII of 1972), s. 4. \r\n6Ins. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n  \r\n \r\nPage 141 of 307 \r\n \r\n385. Warrant with whom to be lodged.  When the prisoner is to be confined in a jail, the \r\nwarrant shall be lodged with the jailor. \r\n1[386. Warrant for levy of fine. __ (1) Whenever an offender has been sentenced to pay a \r\nfine, the Court passing the sentence may tak e action for the recovery of the fine in either or both of \r\nthe following ways, that is to say, it may__ \r\n(a) issue a warrant for the levy of the amount by attachment and sale of any \r\nmovable property belonging to the offender; \r\n(b) issue a warrant to the 2[District Officer (Revenue)] authorising him to realise \r\nthe amount by execution according to civil process against the movable or \r\nimmovable property, or both, of the defaulter: \r\nProvided that, if the sentence directs that in default of payment of the fine the offender shall \r\nbe imprisoned, and if such offender has undergone the whole of such imprisonment in default, no \r\nCourt shall issue such warrant 3[* * *]. \r\n(2) The 4[Provincial Government] may make rules 5 regulating the manner in which \r\nwarrants under sub­section (1), clause (a), are to be executed, and for the summary determination of \r\nany claims made by any person other than the offender in respect of any property attached in \r\nexecution of such warrant. \r\n(3) Where the Courts issue a warrant to the  6[District Officer  (Revenue)]  under  \r\nsub­section (1), clause (b), such warrant shall be deemed to be a decree, and the Collector to be the \r\ndecree­ holder, within the meaning of the Code of Civil Procedure, 1908 (V of 1908), and the nearest \r\nCivil Court by which any decree for a like amount could be executed shall, for the purposes of the \r\nsaid Code, be deemed to be the Court which pas sed the decree, and all the provisions of that Code as \r\nto execution of decrees shall apply accordingly : \r\nProvided that no such warrant shall be executed by the arrest or detention in prison of the \r\noffender.] \r\n387. Effect of such warrant. 7[A warrant issued under section 386, sub­section (1), clause \r\n(a), by any Court] may be executed within the local limits of the jurisdiction of such Court, and it \r\nshall authorize the 8[attachment] and sale of any such property without such limits, when endorsed \r\nby the 6[*] Magistrate 9[* * *] within the local limits of whose jurisdiction such property is found. \r\n10[388. Suspension of execution of sentence of imprisonment. __ (1)  When  an  offender  has been \r\nsentenced to fine only and to imprisonment in default of payment of the  fine,  and the  fine  is not paid \r\nforthwith, the Court may— \r\n \r\n1Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 102. \r\n2Subs. by Ord. No. XXXVII of 2001, s.63. \r\n3Omitted by Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n4Subs. by A.O., 1937, for “L.G”. \r\n5For “Karachi” Rules for Recovery of Fines, 1960, see Gaz. of Karachi, 1960, Pt. II, pp. 83­84. \r\n6Subs. and omitted by Ord. No.  XXXVII of 2001, ss. 63­64 (w.e.f 14­08­2001). \r\n7Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 103. \r\n8Subs. ibid. \r\n9Omitted by A.O., 1949, Sch. \r\n10Subs. by the code of Criminal Procedure (Second Amdt.) Act, 1923 (XXXVII of 1923), s.3.  \r\n  \r\n \r\nPage 142 of 307 \r\n \r\n(a) order that the fine shall be payable either in full on or before a date not more \r\nthan thirty days from the date of the order, or in two or three instalments, of \r\nwhich the first shall be payable on or before a date not more than thirty days \r\nfrom the date of the order and the other or others at an interval or at in tervals, \r\nas the case may be, of not more than thirty days, and \r\n(b) suspend the execution of the sentence of imprisonment and release the \r\noffender, on the execution by the offender  of  a  bond,  with  or  without  \r\nsureties,  as  the  Court  thinks  fit, co nditioned for his appearance before the \r\nCourt on the date or dates on or before  which payment of the fine or the \r\ninstalments thereof, as the  case  may  be,  is  to  be  made; and if the amount \r\nof the fine or of any installment, as the case may be, is  no t realised on or \r\nbefore the latest date on which it is payable under the  order,  the  Court  may \r\ndirect the sentence of imprisonment to be carried into execution at once. \r\n(2) The provisions of sub­section (1) shall be applicable also in any case in which an \r\norder for the payment of money has been made on non­recovery of which imprisonment may be \r\nawarded and the money is not paid forthwith; and, if the person against whom the order has been \r\nmade, on being required to enter into a bond such as is referred to  in that sub­section, fails to do so, \r\nthe Court may at once pass sentence of imprisonment.] \r\n389. Who may issue warrant.  Every warrant for the execution of any sentence may be \r\nissued either by the Judge or Magistrate who passed the sentence, or by his successor in office. \r\n390. Execution of sentence of whipping only. When the accused is sentenced to whipping \r\nonly, the sentence shall 1[subject to the provisions of section 391] be executed at such place and time \r\nas the Court may direct. \r\n391. Execution of sentence of whipping, in addition to imprisonment. __ (1) When the \r\naccused__ \r\n2[(a)  is sentenced to whipping only and furnishes bail to the satisfaction of the \r\nCourt for his appearance at such time and place as the Court may direct, or \r\n(b)  is sentenced to whipping in addition to imprisonment.] \r\nthe whipping shall not be inflicted until fifteen days from the date of the se ntence, or, if an appeal is \r\nmade within that time, until the sentence is confirmed by the Appellate Court, but the whipping shall \r\nbe inflicted as soon as practicable after the expiry of the fifteen days, or, in case of an appeal, as soon \r\nas practicable after the receipt of the order of the Appellate Court confirming the sentence. \r\n(2) The whipping shall be inflicted in the presence of the officer in  charge of the jail, \r\nunless the Judge or Magistrate orders it to be inflicted in his own presence. \r\n(3) No accused person shall be sentenced to whipping in addition to imprisonment when \r\nthe term of imprisonment to which he is sentenced is less than three months. \r\n \r\n1Ins. by the Criminal Law Amendment Act, 1923 (XII of 1923), s.21. \r\n2Subs. ibid., s. 22. \r\n  \r\n \r\nPage 143 of 307 \r\n \r\n392. Mode of inflicting punishment.__(1) In the case of a pers on of or over sixteen years \r\nof age whipping shall be inflicted with a light rattan not less than half an inch in diameter, in such \r\nmode, and on such part of the person, as the 1[Provincial Government] directs; and, in the case of a \r\nperson under sixteen years of age, it shall be inflicted in such mode, and on such part of the person, \r\nand with such instruments, as the 1[Provincial Government ] directs. \r\n(2) Limit of number of stripes.  In no case shall such punishment exceed thirty stripes \r\n2[and, in the case of a person under sixteen years of age, it shall not exceed fifteen stripes]. \r\n393. Not to be executed by instalments, Exemptions.__ No sentence of whipping shall be \r\nexecuted by instalments: and none of the following persons shall be punishable with whipping,           \r\nnamely :__ \r\n(a) females; \r\n(b) males sentenced to death or to 3[imprisonment for life], 4[* * * ], or to \r\nimprisonment for more than five years; \r\n(c) males whom the Court considers to be more than forty­five years of age. \r\n394. Whipping not to be inflicted if offender not in fit state of health. __ (1) The \r\npunishment  of whipping shall not be inflicted unless a medical officer, if present, certifies, or, if \r\nthere is not a medical officer  present, unless it appears to the Magistrate  or officer  present, that the \r\noffender is in   a fit state of health to undergo such punishment. \r\n(2) Stay of execution . If, during the execution of a sentence of whipping, a medical \r\nofficer certifies, or it appears to the Magistrate or officer present, that the offender is not in a fit state \r\nof health to undergo the remainder of the sentence, the whipping shall be finally stopped. \r\n395. Procedure if punishment cannot be inflicted under section 394.__ (1) In any case in \r\nwhich, under section 394, a sentence of whipping is, wholly or partially, prevented from being \r\nexecuted, the offender shall be  kept in  custody till the  Court which passed the  sentence  can revise \r\nit; and the said  Court may, at its discretion, either remit such sentence,  or sentence the offender in \r\nlieu of whipping, or in lieu of so much of the sentence of whipping as was not executed, to  \r\nimprisonment for any term not exceeding twelve mo nths, 5[or to a fine not exceeding five hundred \r\nrupees], which may be in addition to any other  punishment to which he  may have  been sentenced  \r\nfor the same offence. \r\n(2) Nothing in this section shall be deemed to authorize any Court to inflict imprisonme nt \r\nfor a term 5[or a fine of an amount] exceeding that to which the accused is liable by law, or that \r\nwhich the said Court is competent to inflict. \r\n396. Execution of sentences on escaped convicts. __ (1) When sentence is passed under  \r\nthis Code on an escaped convict, such sentence, if of death, fine or whipping, shall, subject to the \r\nprovisions hereinbefore contained, take effect immediately, and, if of imprisonment, 6[* * ] or \r\n3[imprisonment for life], shall take effect according to the following rules, that is to say :__ \r\n \r\n1Subs. by A.O., 1937, for “L.G”. \r\n2Ins. by the Whipping Act, 1909 (IV of 1909), s. 7. \r\n3Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch. (w.e.f. 13.4.72) \r\n4omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), sch. \r\n5Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 105. \r\n6Omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), Sch. \r\n \r\n \r\nPage 144 of 307 \r\n \r\n(2) If the new sentence is severer in its kind than the sentence which such convict was \r\nundergoing when he escaped, the new sentence shall take effect immediately. \r\n(3) When the new sentence is not severer in its kind than the sentence the convict was \r\nundergoing when he escaped, the new sentence shall take effect after he has suffered imprisonment, \r\n1[* 2[*  *]*  *] for a further period equal to that which, at the time of his escape, remained unexpired \r\nof his former sentence. \r\nExplanation.__ For the purposes of this section__ \r\n(a) 3[* * * * * * *] \r\n(b) a sentence of imprisonment with solitary confinement shall be deemed severer \r\nthan a sentence of the same description of imprisonment without solitary \r\nconfinement; and \r\n(c) a sentence of rigorous imprisonment shall be deemed severer than a sentence \r\nof simple imprisonment with or without solitary confinement. \r\n397. Sentence on offender already sentenced for another offence.  When a person \r\nalready undergoing a sentence of imprisonment, 2[* *] 4[imprisonment for life], is sentenced to \r\nimprisonment, 2[* *] 4[imprisonment for life], suc h imprisonment, 2[* * ] 4[imprisonment for life] \r\nshall commence at the expiration of the imprisonment, 2[* *] 4[imprisonment for life], to which he \r\nhas been prev iously sentenced, 5[unless the Court directs that the subsequent sentence shall run \r\nconcurrently with such previous sentence]: \r\n6[* * * * * * *] \r\n7[Provided, further, that where a person who has been sentenced to imprisonment by an order \r\nunder section 123 in  default of furnishing security is, whilst undergoing such sentence, sentenced to \r\nimprisonment for an offence committed prior to the making of such order, the latter sentence shall \r\ncommence immediately.] \r\n398. Saving as to sections 396 and 397. __(1) Nothing in section 39 6 or section 397 shall \r\nbe held to excuse any person from any part of the punishment to which he is liable upon his former \r\nor subsequent conviction. \r\n(2) When an award of imprisonment in default of payment of a fine is annexed to a \r\nsubstantive sentence of imprisonment, or to a sentence of 4[imprisonment for life] 8[* * * ], and the \r\nperson undergoing the sentence is after its execution to undergo a further su bstantive sentence, or \r\nfurther substantive sentences, of imprisonment,  9[or  4[imprisonment  for  life]],  effect  shall  not  be  \r\ngiven  to  the  award  of  imprisonment  in default of payment of the fine until the person has \r\nundergone the further sentence or sentences. \r\n \r\n1Omitted by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s.2 and Sch. (w.e.f 13­4­72). \r\n2Omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), Sch. \r\n3Omitted by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s.2 and Sch. (w.e.f 13­4­72). \r\n4\r\nSubs. ibid. \r\n5Ins. by Act No. XVIII of 1923, s. 106. \r\n6Omitted by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s.2 and Sch. (w.e.f 13­4­72). \r\n7Added by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 106. \r\n8Omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), Sch. \r\n9Subs. ibid. \r\n \r\n \r\nPage 145 of 307 \r\n \r\n399. Confinement of youthful offenders in reformatories. __ (1) When any person under \r\nthe  age  of fifteen years is sentenced by any Criminal Court to imprisonment for any offence, the \r\nCourt may direct that such person, instead of being imprisoned in a criminal jail, shall be confined in \r\nany reformatory established by  the  1[Provincial  Government]  as  a  fit  place  for  confinement,  in  \r\nwhich  there  are  means  of  suitable discipline and of training in some branch of useful industry or \r\nwhich is kept by a person willing to obey such rules  as  the  1[Provincial  Government]  prescribes  \r\nwith  regard  to  the  discipline  and  training  of  persons confined therein. \r\n(2) All persons confined under this section shall be subject to the rules so prescribed. \r\n(3) This section shall not apply to any place in which the Reformatory Schools Act, 1897 \r\n(VIII of 1897), is for the time being in force. \r\n400. Return of warrant on execution of sentence.  When a sentence has been fully \r\nexecuted, the officer executing it shall return the warrant to the Court from which it issued, with an \r\nendorsement under his hand certifying the manner in which the sentence has been executed. \r\nCHAPTER XXIX \r\nOF SUSPENSIONS, REMISSIONS AND COMMUTATIONS OF SENTENCES \r\n2401. Power to suspend or remit sentences. __ (1) When any person has been sentenced to \r\npunishment for  an  offence,  3[*  *  * ]  the  1[Provincial  Government]  may  at  any  time  without  \r\nconditions  or  upon  any conditions which the person sentenced accepts, suspend the execution of \r\nhis sentence or remit the whole or any part of the punishment to which he has been sentenced 4[:] \r\n4[Provided that the Provincial Government shall have no power to suspend or remit any \r\nsentence awarded to an offender under chapter XVI of the Pakistan Penal code if an offence has been \r\ncommitted by him in the name or on the pretext of karo kari, siyah kari  or similar other customs or \r\npractices]. \r\n(2) Whenever an application is made to 3[* * * ] the 1[Provincial Government] for the \r\nsuspension or remission of a sentence, 3[* * *] the 1[Provincial Government] , 5[* * *], may require  \r\nthe  presiding Judge  of  the Co urt before or by which the conviction was had or confirmed to state \r\nhis opinion as to whether the application should be granted or refused, together with his reasons for \r\nsuch opinion 6[and also to forward with the statement of such opinion a certified copy  of the record \r\nof the trial or of such record thereof as exists]. \r\n(3) If any condition on which a sentence has been suspended or remitted is, in the \r\n7[opinion of] the 1[Provincial Government], 5[* * * ], not fulfilled, 3[* * * ] the 1[Provincial \r\nGovernment] may cancel the suspension or remission, and thereupon the person in whose favour the \r\nsentence has been suspended or remitted may, if at large, be arrested by any police­officer without \r\nwarrant and remanded to undergo the unexpired portion of the sentence. \r\n \r\n1Subs. by A.O., 1937, for “L.G.”. \r\n2As regards conditional release of good conduct prisoners in the Punjab, see the Good Conduct Prisoners Probational Release Act, 1926 (Punjab Act 10 \r\nof 1926). The Chief Commissioner of Karachi shall exercise the powers co nferred as a Provincial Government under this section, subject to certain \r\nconditions, see Gaz. of P, 1953, Ext., P. 861. \r\n3Rep. by A.O, 1937. \r\n4Subs. and ins. by Act No. I of 2005, s.15. \r\n5Rep. ibid. \r\n6Added by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 107. \r\n7Subs. by the Repealing and Amending Ordinance, 1961 (I of 1961), s. 3 and 2nd Sch. \r\n  \r\n \r\nPage 146 of 307 \r\n \r\n(4) The condition on which a sentence is suspended or remitted under this section may be \r\none to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one \r\nindependent of his will. \r\n1[(4A) The provisions of the above sub­sections shall also apply to any order passed by a \r\nCriminal Court under any section of this Code or  of any other law, which restricts the liberty of any \r\nperson or imposes any liability upon him or his property.] \r\n(5) Nothing herein contained shall be deemed to interfere with the right of 2[3[the \r\nPresident] or of the 4[Federal Government] when such right is delegated to 5[it]] to grant pardons, \r\nreprieves, respites or remissions of punishment. \r\n1[(5A) Where a conditional pardon is granted by 3[the President] or, in virtue of any powers \r\ndelegated to 5[it], by the 4[Federal Government], any condition thereby imposed, of whatever nature, \r\nshall be deemed to have been imposed by a sentence of a competent Court under this Code and shall \r\nbe enforceable accordingly]. \r\n(6) The 6[* * * ] 7[Provincial Government] may, by general rules or special orders, give \r\ndirections a s to the suspension of sentences and the conditions on which petitions should be \r\npresented and dealt with. \r\n402.  Power  to  commute  punishment. __8[(1)]  The  6[*  *  * ] 7[Provincial Government]  \r\nmay,  without  the consent of the person sentenced, commute any one of the following sentences for \r\nany other mentioned after  it:__ \r\ndeath, 9[imprisonment for life] 10[* *], rigorous imprisonment for a term not exceeding that to \r\nwhich he might have been sentenced, simple imprisonment for a like term, fine. \r\n11[(2) Nothing in this section shall affect the provisions of section 54 or section 55 of the \r\nPakistan Penal Code (XLV of 1860).] \r\n12[402A. Sentences of death.  The powers conferred by sections 401 and 402 upon the \r\nProvincial Government may, in the case of sentence s of death, also be exercised by the 13[President] \r\n14[* * *]. \r\n15[402B. Certain restrictions on the exercise of powers by Provincial Government.  \r\nNotwithstanding anything contained in section 401 or section 402, the Provincial Government shall \r\nnot, except with the previous approval of the President, exercise the powers conferred thereby in a \r\ncase  \r\n \r\n1Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 107 \r\n2Subs. ibid.  \r\n3Subs. by A.O, 1961, Art.2 and Sch. (with effect from the 23rd March, 1956), \r\n4Subs. by F.A.O., 1975, Art 2 and Table. (w.e.f. 28.07.75). \r\n5Subs. by A.O., 1937, for “him”. \r\n6Rep. by A.O., 1937, for “G. G. in C. \r\n7Subs.by A.O., 1937, for “L.G”. \r\n8Re­numbered by Act No. XVIII of 1923, s. 108. The Chief Commissioner of Karachi shall exercise the powers conferred on a Provincial Government \r\nunder this section subject to certain conditions, see Gazette of Pakistan, Extra., 1953, p. 861. \r\n9Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch. (w.e.f. 13­4­72). \r\n10Omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), sch. \r\n11Ins. by Act No. XVIII of 1923, s. 108. \r\n12Ins. by A.O.,1937, of the G. of  I. Act, 1935, s. 295. \r\n13Subs. by A.O., 1961, Art. 2, for “Governor General” (with effect from the 23rd March, 1956). \r\n14Rep. by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), s. 3 and Sch. II. \r\n15Ins. by the Code of Criminal Procedure (Amdt.) Act, 1973 (LVII of 1973), s. 2 (w.e.f. 29­6­73). \r\n \r\nPage 147 of 307 \r\n \r\nwhere the President has passed any order s in exercise of his powers under the Constitution to grant \r\npardons, reprieves and respites or to remit, suspend or commute any sentence or of his powers under \r\nsection 402A.] \r\n1[402C. Remission or commutation of certain sentences not to be without consent.  \r\nNotwithstanding anything contained in section 401, section 402, section 402A or section 402B, the \r\nProvincial Government, the Federal Government or the President shall not, without the consent of the \r\nvictim or, as the case may be, of his heirs, suspend, re mit or commute any sentence passed under any of \r\nthe sections in Chapter XVI of the Pakistan Penal Code.] \r\n2[402D. Provincial Government not to interfere in sentences of rape. __ Notwithstanding \r\nanything contained in section 401, 402 or 402B, the Provincial G overnment shall not suspend, remit or \r\ncommute any sentence passed under section 376 of the Pakistan Penal Code (Act XLV of 1860).]  \r\nCHAPTER XXX \r\nOF PREVIOUS ACQUITTALS OR CONVICTIONS \r\n403. Person once convicted or acquitted not to be tried for same offence. __ (1) A person who \r\nhas once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such \r\noffence  shall, while such conviction or acquittal remains in force, not be liable to be tried again for the \r\nsame offence, nor on the same facts for any other offence for which a different charge from the one made  \r\nagainst  him  might have been made under section 236, or for which he might have been convicted under \r\nsection 237. \r\n(2) A person acquitted or convicted of any offence may be afterwards tried for any distinct \r\noffence for which a separate charge might have been made against him on the former trial under section \r\n235, sub­ section (1). \r\n(3) A person convicted of any offence constituted by any act causing consequences which, \r\ntogether with such act, constituted a different offence from that of which he was convicted, may be \r\nafterwards tried for such last­mentioned offence, if the consequences had not happened, or were not \r\nknown to the Court to have happened, at the time when he was convicted. \r\n(4) A person acquitted or convicted of any offence constituted by any acts may, \r\nnotwithstanding such acquittal or conviction, be subsequently charged with, and tried for, any other \r\noffence constituted by the same acts which he may have committe d if the Court by which he was first \r\ntried was not competent to try   the offence with which he is subsequently charged. \r\n(5) Nothing in this section shall affect the provisions of section 26 of the General Clauses \r\nAct, 1897 (X of 1897), or section 188 of this Code. \r\nExplanation.__ The dismissal of a complaint, the stopping of proceedings under section 249, 3[or \r\nthe discharge of the accused] is not an acquittal for the purposes of this section. \r\nIllustrations \r\n(a) A is tried upon a charge of theft as a servant and acquitted. He cannot afterwards, while \r\nthe acquittal remains in force, be charged with theft as a servant, or, upon the same facts, \r\nwith theft simply, or with criminal breach of trust. \r\n \r\n1Added by Act No. II of 1997, s. 16. \r\n2Ins. by Act No. XXVI of 2011, s.4. \r\n3Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n  \r\n \r\nPage 148 of 307 \r\n \r\n(b) A is tried upon a charge of murder and acquitted. There is no charge of robbery ; but \r\nit appears from the facts that A committed robbery at the time when the murder was \r\ncommitted ; he may afterwards be charged with, and tried for, robbery. \r\n(c) A is tried for causing grievous hurt and convicted. The person injured afterwards dies. \r\nA may be tried again for culpable homicide. \r\n(d) A is charged before the Court of Session and convicted of the culpable homicide of B.  \r\nA may not afterwards be tried on the same facts for the murder of B. \r\n(e) A is charged by a Magistrate of the first class with, and  convicted by him of, \r\nvoluntarily causing hurt to B. A may not afterwards be tried for voluntarily causing \r\ngrievous hurt to B on the same facts, unless the case comes within paragraph 3 of the \r\nsection. \r\n(f) A is charged by a Magistrate of the second class w ith, and convicted by him of, theft \r\nof property from the person of B. A may be subsequently charged with, and tried for, \r\nrobbery on the same facts. \r\n(g) A, B and C are charged by a Magistrate of the first class with, and convicted by him of, \r\nrobbing D. A, B  and C may afterwards be charged with, and tried for dacoity on the same \r\nfacts. \r\n     ______ \r\n \r\nPART VII \r\nOF APPEAL, REFERENCE AND REVISION \r\n______ \r\n \r\nCHAPTER XXXI \r\nOF APPEALS1 \r\n404. Unless otherwise provided, no appeal to lie.  No appeal shall lie from any judgment \r\nor order of a Criminal Court except as provided for by this Code or by any other law for the time \r\nbeing in force. \r\n405. Appeal from order rejecting application for restoration of attached property.  \r\nAny person whose app lication under section 89 for the delivery of property or the proceeds of the \r\nsale thereof has been rejected by any Court may appeal to the Court to which appeals ordinarily lie \r\nfrom the sentences of the former Court. \r\n2[406.  Appeal  from order  requiring  security  for  keeping  the  peace  or  for  good  \r\nbehaviour.__  Any person who has been ordered by a Magistrate under section 118 to give security \r\nfor keeping the peace or for good behaviour may appeal against such order to the Court of Session: \r\nProvided that nothing in this section shall apply to persons the proceedings against whom are \r\nlaid before a Sessions Judge in accordance with the provisions of sub­section (2) or sub­section (3A) \r\nof section 123.] \r\n \r\n \r\n1For periods of limitation, see the Limitation Act, 1908 (IX of 1908), s.3 and Sch. I, second division. \r\n2Subs. by Ord. No. XXXVII of 2001, s. 65. \r\n  \r\n \r\nPage 149 of 307 \r\n \r\n1[406A. Appeal from order refusing to accept or rejecting a surety. __ Any person aggrieved  \r\nby an  order refusing to accept or rejectin g a  surety under section 122 may appeal against  such order to \r\nthe  Court  of Session.] \r\n407. 1[* * * * * * *] \r\n408. Appeal from sentence of Assistant Sessions Judge or 1[Judicial Magistrate]. Any person \r\nconvicted on a trial held by an Assistant Sessions Judge, 1[or a Judicial Magistrate] 2[, Special \r\nMagistrate], or any person sentenced under section 349 3[* * *], may appeal to the Court of Session : \r\nProvided as follows :__ \r\n(a) 4[* * * * * * *] \r\n(b) When in any case an Assistant Sessions Judge  3[* * *]  passes any sentence of \r\nimprisonment for a term exceeding four years, 5[*  *  *]  the appeal 6[of all or any \r\nof the accused convicted at such trial] shall lie to the High Court ; \r\n(c) when any person is convicted by a Magistrate of an offence under section 124A of \r\nthe Pakistan Penal Code (XLV of 1860), the appeal shall lie to the High Court. \r\n1[409. Appeals to Court of Session how heard. __  Subject  to the  provision s of this section, an \r\nappeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional \r\nSessions Judge or an Assistant Sessions Judge : \r\nProvided that an Additional Sessions Judge shall hear only such appeals as the Provincial \r\nGovernment may, by general  or special order, direct or as the Sessions Judge of the division may make \r\nover to him: \r\nProvided further that no such appeal shall be heard by an Assistant Sessions Judge unless the \r\nappeal is of a person convicted on a trial held by any Magistrate of the second class or third class.] \r\n410. Appeal from sentence of Court of Session.  Any person convicted on a trial held by a \r\nSessions Judge, or an Additional Sessions Judge, may appeal to the High Court. \r\n411. [Appeal from sentence of Presidency Magistrate.] Omitted by A.O., 1949, Sch. \r\n7[411A.  Appeal  from sentence  of High  Court. __ (1)  8[Except  in  cases  in  which  an  appeal  \r\nlies  to  the Supreme  Court  under  9[Article  185]  of  the  Constitution]  any  person  convicted  on  a  \r\ntrial held  by  a  High Court in the exercise of its original criminal jurisdiction may, notwithstanding \r\nanything contained in section 418 or section 423, sub­section (2), or in the Letters Patent of any High \r\nCourt, appeal to the High Court__ \r\n \r\n \r\n \r\n1Subs. and omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch . (for further clarity on this provision, the original source i.e. the \r\nGazette Notification of Ordinance No. Law Reforms (Amdt.) Act, 1976 (XXI of 1976), s. 2 and Sch., item 20 may be perused. \r\n2Ins. by Act No. III of 2006, s. 21. \r\n3Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n4Omitted by the Criminal Law Amendment Act, 1923 (XII of 1923), s.23. \r\n5Omitted by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s.2 and Sch. (w.e.f 13­4­72). \r\n6Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923) s. 112. \r\n7Ins. by the Criminal procedure Amendment Act, 1943 (XXVI of 1943), s.2. \r\n8Subs. by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd Marach, 1956). \r\n9Subs. by F.A.O., 1975, Art. 2 and Sch. (w.e.f 14­8­73).  \r\n \r\nPage 150 of 307 \r\n \r\n(a) against the conviction on any ground of appeal which involves a matter of law \r\nonly ; \r\n(b) with the leave of the Appellate Court, or upon the certificate of the judge who \r\ntried case that it is a fit case for appeal, against the conviction on any ground \r\nof appeal which involves a matter of fact only, or a matter of mixed law and \r\nfact, or any othe r ground which appears to the appellate Court to be a \r\nsufficient ground of appeal ; and \r\n(c) with the leave of the Appellate Court, against the sentence passed unless the \r\nsentence is one fixed by law. \r\n(2) Notwithstanding anything contained in section 417, t he Provincial Government may \r\ndirect the public prosecutor to present an appeal to the High Court from any order of acquittal passed \r\nby the  High  Court  in  the exercise of its original criminal jurisdiction, and such appeal may, \r\nnotwithstanding anything contained in section 418, or section 423, sub­section (2), or in the Letters \r\nPatent of any High Court, but subject to the restrictions imposed by clause (b) and clause (c) of \r\nsub­section (1) of this section on an appeal against a conviction, lie on a matter  of fact as well as a \r\nmatter of law. \r\n(3) Notwithstanding anything elsewhere contained in any Act or Regulation, an appeal \r\nunder this section shall be heard by a Division Court of the High Court composed of not less than \r\ntwo judges,  being judges other than  the judge or judges by whom the original trial was held ; and if \r\nthe constitution of such a Division Court is impracticable, the High Court shall report the \r\ncircumstances to the Provincial Government which shall take action with a view to the transfer of the \r\nappeal under section 527 to another High Court. \r\n(4) Subject to such rules as may from time to time be made by 1[the 2[Supreme Court]] in \r\nthis behalf, and to such conditions as the High Court may establish or require, an appeal shall lie to \r\n1[the 2[Supreme Court]] from any order made on appeal under sub­section (1) by a Division Court of \r\nthe High Court in respect of which order the High Court declares that the matter is a fit one for such \r\nappeal.] \r\n412. No appeal in certain cases when accused pleads guilt y. Notwithstanding anything \r\nhereinbefore contained where an accused person has pleaded guilty and has been convicted by 3[a \r\nHigh Court,] a Court of Session 4[*  * * ] or Magistrate of the first class on such plea, there shall be \r\nno appeal except as to the extent or legality of the sentence. \r\n413. No appeal in petty cases.  Notwithstanding anything hereinbefore contained, there \r\nshall be no appeal  by  a  convicted  person  in  cases  in  which  5[a  High  Court  passes  a  sentence  \r\nof  imprisonment  not exceeding six months only or of fine not exceeding two hundred rupees only \r\nor in which] a Court of Session 6[* * *] passes a sentence of imprisonment not exceeding one month \r\nonly, or 7[in which a Court of Session or 8[a] Magistrate of the first class passes a sentence] of fine \r\nnot exceeding fifty rupees only 9[* * *]. \r\n1Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), s.4 and III Sch. \r\n2Subs. by A.O., 1964, Art.2 and Sch. \r\n3Ins. by the Criminal Procedure Amendment Act, 1943 (XXVI of 1943), s.3. \r\n4Omitted by A.O., 1949, Sch. \r\n5Ins. by the Code of Criminal Procedure Amendment Act, 1943 (XXVI of 1943), s.4. \r\n6Omitted by the Criminal Law Amendment Act, 1923 (XII of 1923), s. 24. \r\n7Ins. ibid. \r\n8Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch \r\n9Omitted by Act No. XII of 1923. \r\n  \r\n \r\nPage 151 of 307 \r\n \r\nExplanation.__ There is no appeal from a sentence of imprisonment  passed by such Court  or \r\nMagistrate  in default of payment of fine when no substantive sentence of imprisonment has also \r\nbeen passed. \r\n414. No appeal from certain  summary convictions. Notwithstanding anything \r\nhereinbefore contained, there shall be no appeal by a convicted person in any case tried summarily in \r\nwhich a Magistrate  empowered to act under section 260 passes a sentence 1[* * * ] of fine not \r\nexceeding 2[two thousand] rupees only 3[* * *]. \r\n2[414A. No appeal from certain summary convictions under the law relating to price \r\ncontrol.__ Notwithstanding anything contained in t his Code or any other law for the time being in \r\nforce, there shall be  no appeal by a convicted person in any case tried summarily in which a Special \r\nMagistrate appointed under section 14A passes a sentence of fine not exceeding five thousand rupees \r\nunder the Price Control and Prevention of Profiteering and Hoarding Act, 1977 (XXIX of 1977) or \r\nunder any other Federal law or Provincial law relating to price control.] \r\n415. Proviso to sections 413 and 414.  Any appeal may be brought against any sentence \r\nreferred to in section 413 or section 414 4[by which any punishment therein mentioned is combined \r\nwith any other punishment], but no sentence which would not otherwise be liable to appeal shall be \r\nappealable merely on the ground that the person convicted is ordered to find security to keep the \r\npeace. \r\nExplanation.__ A sentence of imprisonment  in default of payment of fine is not a sentence by \r\nwhich two  or more punishments are combined within the meaning of this section. \r\n5[415A. Special right of appeal in certain cases. Notwithstanding anything contained in this \r\nChapter, when more persons than one are convicted in one trial, and an appealable judgment or order \r\nhas been passed in respect of any of such persons, all or any of the persons convicted at such trial \r\nshall have a right of appeal.] \r\n416. [Saving of sentences on European British subjects.] Rep. by the criminal law \r\nAmendment Act, 1923 (XII of 1923), S.26. \r\n6[4l7.  Appeal in case of acquittal.__ (1)  Subject  to  the  provisions  of  sub­section  (4),  the  \r\nProvincial Government may, in any case, direct the Public Prosecutor to present an appeal to the \r\nHigh Court from an original or appellate order of acquittal passed by any Court other than a High \r\nCourt. \r\n(2) If such an order of acquittal is passed in any case instituted upon complaint and the \r\nHigh Court, on an application made to it by the complainant in this behalf, grants special leave to \r\nappeal from the order of acquittal, the complainant may present such an appeal to the High Court. \r\n7[(2A) A person aggrieved by the order of acquittal passed by any court , other than a High \r\nCourt, may, within thirty days, file an appeal against such order.] \r\n \r\n1Omitted by Act No. XII of 1923, s. 25. \r\n2Subs. and ins. by Act No. III of 2006, S.21. \r\n3Omitted by Act No. XII of 1923, s. 24 \r\n4Subs. by the Repleaing and Amending Act, 1945 (VI of 1945), s.3 and II Sch. \r\n5Ins. by the Code of Criminal Procedrue (Amdt.) Act, 1923 (XVIII of 1923), s. 114. \r\n6Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch. \r\n7Ins. by Act No. XX of 1994, S.3. \r\n  \r\n \r\nPage 152 of 307 \r\n \r\n(3) No application under sub­section (2) for the grant of special leave to appeal from an \r\norder of acquittal shall be entertained by the High Court after the expiry of sixty days from the  date \r\nof that order. \r\n(4) If, in any case, the application under sub­section (2) for the grant of special leave to \r\nappeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under \r\nsub­section (1).] \r\n1[(5) An appeal against  an order of conviction or acquittal under section s 354A, 376, 376A, \r\n377 or 377B of the Pakistan Penal Code, 1860 (Act XLV of 1860) shall be decided within six \r\nmonths.] \r\n2[418.  Appeal on what matters admissible.­  (1)] An appeal may lie on a matter of fact as \r\nwell as a matter of law 3* * *. \r\n(2) 4[* * * * * * *] \r\nExplanation.__ The  alleged severity of a sentence shall, for the purposes of this section, be \r\ndeemed to be   a matter of law. \r\n419. Petition of appeal.  Every appeal shall be made in the form of  a petition in writing \r\npresented by the appellant or his pleader, and every such petition shall (unless the Court to which it \r\nis presented otherwise directs) be accompanied by a copy of the judgment or order appealed aga inst          \r\n5[* * *]. \r\n420. Procedure when appellant in jail.  If the appellant is in jail, he may present his \r\npetition of appeal and the copies accompanying the same to the officer in charge of the jail, who \r\nshall thereupon forward such petition and copies to the proper Appellate Court. \r\n421. Summary dismissal of appeal.__ (1) On receiving the petition and copy under section \r\n419 or section 420, the Appellate Court shall pursue the same, and, if it considers that there is no \r\nsufficient ground for interfering, it may dismiss the appeal summarily: \r\nProvided that no appeal  presented under section 419 shall be dismissed unless the appellant \r\nor his pleader has had a reasonable opportunity of being heard in support of the same. \r\n(2) Before dismissing an appeal under this section, the Court may call for the record of \r\nthe case, but shall not be bound to do so. \r\n422. Notice of appeal.  If the Appellate Court does not dismiss the appeal summarily, it \r\nshall cause notice to be given to the appellant or his pleader, and to such officer as the 6[Provincial \r\nGovernment] may appoint in this behalf, of the time and place at which such appeal will be heard, \r\nand shall, on the application of such officer, furnish him with a copy of the grounds of appeal ; \r\nand, in cases of appeals under 7[section 411A, sub­section (2) or section 417], the Appellat e \r\nCourt shall cause a like notice to be given to the accused. \r\n \r\n1Added by Act No. XLIV of 2016, s.14. \r\n2Re­numbered by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 115. \r\n3Omitted by Ordinance XII of 1972, s.2 and Sch. \r\n4Omitted ibid. \r\n5Omitted ibid. \r\n6Subs. by A.O., 1937, for “L.G.” \r\n7Subs. by the Code of Criminal Procedure Amendement Act, 1943 (XXVI of 1943), s.5. \r\n \r\n \r\nPage 153 of 307 \r\n \r\n423. Powers of Appellate Court in disposing of appeal. __ (1) The Appellate Court  shall \r\nthen send for  the record of the case,  if such record is not already in Court. After perusing such \r\nrecord, and hearing the appellant or his pleader, if he appears, and the Public Prosecutor, if he \r\nappears, and, in case of an appeal under 1[section 411A, sub­section (2) or section 417], the accused, \r\nif he appears, the Court may, if it considers that there is no sufficient ground for interfering, dismiss \r\nthe appeal, or may­ \r\n(a) in an appeal from an order of acquittal, reverse such order and direct that \r\nfurther inquiry be made, or that the accu sed be retried or 2[sent for trial to the \r\nCourt of Session or the High Court] as the case may be, or find him guilty and \r\npass sentence on him according to law ; \r\n(b) in an appeal from a conviction, (1) reverse the finding and sentence, and \r\nacquit or dischar ge the accused, or order him to be retried by a Court of \r\ncompetent jurisdiction subordinate to such Appellate Court or 3[sent] for trial, \r\nor (2) alter the finding, maintaining the sentence, or, with or without altering \r\nthe finding, reduce the sentence, or,  (3) with or without such reduction and \r\nwith or without altering the finding, alter the nature of the sentence, but, \r\nsubject to the provisions of section 106, sub­section (3), not so as to enhance \r\nthe same ; \r\n(c) in an appeal from any other order, alter or reverse such order ; \r\n(d) make any amendment or any consequential or incidental order that may be just \r\nor proper. \r\n(2) 4[* * * * * * *] \r\n424. Judgments of subordinate Appellate Courts.  The rules contained in Chapter XXVI \r\nas to the judgment of a Criminal Court of original jurisdiction shall apply, so far as may be \r\npracticable, to the judgment of any Appellate Court other than a High Court: \r\nProvided that, unless the Appellate Court otherw ise­directs, the accused shall not be brought \r\nup, or required to attend, to hear judgment delivered. \r\n425. Order by High Court on appeal to be certified to lower Court. __ (1) Whenever a \r\ncase is decided  on appeal by the High Court under this Chapter, it sha ll certify its judgment or order \r\nto the  Court  by which the finding, sentence or order appealed against was recorded or passed. If the \r\nfinding, sentence or order was recorded or passed by a Magistrate other than the District Magistrate, \r\nthe certificate shall be sent through the District Magistrate. \r\n(2) The Court to which the High Court certifies its judgment or order shall thereupon \r\nmake such orders as are conformable to the judgment or order of the High Court ; and, if necessary, \r\nthe record shall be amended in accordance therewith. \r\n426. Suspension of sentence pending appeal. Release of appellant on bail.__ (1) Pending \r\nany appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in \r\nwriting, order that the execution of the sent ence or order appealed against be suspended and, also, if  \r\nhe is in  confinement, that he  be released on bail or on his own bond. \r\n1Subs. by the Code of Criminal Procedure Amendement Act, 1943 (XXVI of 1943), s.5.  \r\n2Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n3Subs. ibid. \r\n4Omitted ibid. \r\n \r\nPage 154 of 307 \r\n \r\n1[(1A) An Appellate Court shall, except where it is of the opinion that the delay in the \r\ndecision of appeal has been occasioned by an act or omission of the appellant or a ny other person \r\nacting on his behalf, order a convicted person to be released on bail who has been sentenced— \r\n(a) to imprisonment for a period not exceeding three years and whose appeal has \r\nnot been decided within a period of six months of his conviction; \r\n(b) to imprisonment for a period exceeding three years but not exceeding seven \r\nyears and whose appeal has not been decided within a period of one year of \r\nhis conviction; or \r\n(c) to imprisonment for life or imprisonment exceeding seven years and whose \r\nappeal has not been decided within a period of two years of his conviction: \r\nProvided that the provisions of the foregoing paragraphs shall not apply to a previously \r\nconvicted offender for an offence punishable with death or imprisonment for life or to a person w ho, \r\nin the opinion of the Appellate Court, is a hardened desperate or dangerous criminal or is accused of \r\nan act of terrorism punishable with death or imprisonment for life.] \r\n(2) The power conferred by this section on an Appellate Court may be exercised al so by \r\nthe High Court in the case of any appeal by a convicted person to a Court subordinate thereto. \r\n2[(2A) 3[Subject to the provisions of section 382A,] when any person other than a person \r\naccused of a non­bailable offence is sentenced to imprisonment by a Court, and an appeal lies from \r\nthat  sentence, the  Court may, if the convicted person satisfies the Court that he intends to present an \r\nappeal, order that he be released on bail for a period sufficient in the opinion of the Court to enable \r\nhim to present the appeal and obtain the orders of the Appellate Court under sub­section (1) and the \r\nsentence of imprisonment shall,  so  long as he is so released on bail, be deemed to be suspended.] \r\n4[(2B) Where a High Court is satisfied that a convicted person has been granted special leave \r\nto appeal to 5[the 6[Supreme Court]] against any sentence which it has imposed or maintained, 7[* * \r\n*it may if it so thinks fit order that pending the appeal the sentence or order appealed against be \r\nsuspended, and also, if the said person is in confinement, that he be released on bail.] \r\n(3) When the appellant is ultimately sentenced to imprisonment, 8[* * ] 9[imprisonment \r\nfor life], the time during which he is so released shall be excluded in computing the term for which \r\nhe is so sentenced. \r\n427. Arrest of accused in appeal from acquittal.  When an appeal is presented under \r\n10[section 411A, sub­section (2), or section 417], the High Court may issue a warrant directing that \r\nthe accused be arrested and brought before it or any subordina te Court, and the Court before which \r\nhe is brought may commit him to prison pending the disposal of the appeal, or admit him to bail. \r\n \r\n1Ins. by Act No. VIII of 2011, s. 2. \r\n2Ins. by the Code of Criminal Procedure (Amdt.) Act, 1945 (II of 1945), s.3. \r\n3Ins. by Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n4Ins by the Code of Criminal Procedure (Second Amdt.) Act, 1946 (IV of 1946), s.2. \r\n5Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), s.4 and III Sch. \r\n6Subs. by A.O, 1961, Art. 2 and Sch. (With effect from the 23rd March, 1956). \r\n7Rep. by Act No. XXVI of 1951, s.3 and Sch.II. \r\n8Rep., ibid. \r\n9Subs. by the Criminal Procedure (Amdt.) Act, 1974, (XXV of 1974), s.2 and Sch. (w.e.f 13­4­72). \r\n10Subs. by the Criminal Procedure Amendment Act, 1943 (XXVI of 1943), s.5. \r\n  \r\n \r\nPage 155 of 307 \r\n \r\n428. Appellate Court may take further evidence or direct it to be taken. __(1) In  \r\ndealing with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be \r\nnecessary, shall record its reasons, and may either take such evidence  itself,  or direct it t o be taken  \r\nby a Magistrate, or, when the Appellate Court is a High Court, by a Court of Session or a Magistrate. \r\n(2) When the additional evidence is taken by the Court of Session  or the Magistrate, it or \r\nhe shall certify such evidence to the Appellate Court, and such Court shall thereupon proceed to \r\ndispose of the appeal. \r\n(3) Unless the Appellate Court otherwise directs, the accused or his pleader shall be \r\npresent when the additional evidence is taken. 1[* * *]. \r\n(4) The taking of evidence under this section shall be subject to the provisions of Chapter \r\nXXV, as if it were an inquiry. \r\n429. Procedure where Judges of Court of Appeal are equally divided. When the Judges \r\ncomposing the Court of Appeal are equally divided in opinion, the case, with their opinions thereon, \r\nshall be laid before another Judge of the same Court, and such Judge, after such hearing (if any) as \r\nhe thinks fit, shall deliver his opinion, and the judgment or order shall follow such opinion. \r\n430. Finality of orders on appeal.  Judgments and orders passed by an Appellate Court \r\nupon appeal shall be final, except in the cases provided for in section 417 and Chapter XXXII. \r\n431. Abatement of appeals. Every appeal under 2[section 411­A, sub­section (2), or \r\nsection 417] shall finally abate on the death of the accused, and every other appeal under this Chapter \r\n(except an appeal from a sentence of fine) shall finally abate on the death of the appellant. \r\n \r\nCHAPTER XXXII \r\n______ \r\n \r\nOF REFERENCE AND REVISION \r\n432 and 433. [Reference by Presidency Magistrate to High Court. Disposal of case  \r\naccording  to  decision of High Court and direction as to costs.] Omitted by A.O.,1949, Schedule. \r\n434. [Power to reser ve questions arising in original jurisdiction of High Court and \r\nprocedure when question reserved.] Omitted by Criminal Procedure Amendment Act, 1943 (XXVI of \r\n1943), s. 6. \r\n435. Power to call for records of inferior Courts. __ (1) The High Court or any Sessions \r\nJudge 3[* * * * * * *]  may call for and examine the record of any proceeding before any inferior \r\nCriminal Court situate within the local limits of its or his jurisdiction for the purpose of satisfying \r\nitself or himself as to the correctness, legality or propriety of any finding, sentence or order recorded \r\nor passed, and as to the regularity of any proceedings of such inferior Court 4[and may, when calling \r\nfor such record, direct that the execution of any sentence be suspen ded and, if the accused is in \r\nconfinement, that he be released on bail or on his own bond pending the examination of the record]. \r\n \r\n \r\n \r\n1Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch.  \r\n2Subs. by the Criminal Procedure Amendment Act, 1943 (XXVI of 1943), s. 5.  \r\n3Omitted by Ord. No. XII of 1972, s.2 and Sch. \r\n4Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 116. \r\n \r\nPage 156 of 307 \r\n \r\n1[Explanation.__ All Magistrates, shall be deemed to be inferior to the Sessions Judge for the \r\npurposes of this sub­section.] \r\n(2)   1[*  * * * * * *] \r\n(3)   2[*  * * * * * *] \r\n(4)  1[*  * * * * * *] \r\n1[436. Power to order further inquiry. __ On examining any record under section 435 or \r\notherwise__ \r\n(a) the High Court may direct the Sessions Judge to require an judicial Magistrate \r\nsubordinate to him to make, and the Sessions Judge himself may direct 3[any] \r\nMagistrate subordinate to him to make,  further inquiry into any complaint \r\nwhich has been dism issed under section 203 or sub­ section (3) of section 204  \r\n4[***] \r\n(b) the High Court or the Sessions Judge may direct 3[any Magistrate] to make \r\nfurther inquiry into any proceeding in which an order of discharge or release \r\nhas been made under section 119: \r\n4[* * * * * * * *]] \r\n5[437. Power to order commitment]. Omitted by the Law Reforms Ordinance, 1972 (XII of \r\n1972), s. 2 and Sch. \r\n438.  1[* * * * * * *] \r\n439. High Court’s powers of revision. __ (1) In the case of any proceeding the record of \r\nwhich  has been called for by itself 6[* * * ] or which otherwise comes to its knowledge, the High \r\nCourt may,   in its discretion, exercise any of the powers conferred on a  Court of Appeal by sections \r\n7[*],  423,  4 26, 427 and 428 or on a Court by section 338, and may enhance the  sentence; and,  \r\nwhen the  Judges composing the Court of Revision are equally divided in  opinion,  the case shall be \r\ndisposed of in manner provided by section 429. \r\n(2) No order under this section shall be made to the prejudice of the accused unless he has \r\nhad   an opportunity of being heard either personally or by pleader in his own defence. \r\n(3) Where the sentence dealt with under this section has been passed by a Magistrate 1[* \r\n* *], the Court shall not inflict a greater punishment for the offence which, in the opinion of such \r\nCourt, the accused has committed than might have been inflicted for such offence by 8[* * * ] a \r\nMagistrate of the first class. \r\n \r\n1Subs. and omitted by the Law Reform Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n2Omitted by the Act No. XVIII of 1923, s. 116. \r\n3Subs. by Ordinance No. XXXVII of 2001, s.66. \r\n4Omitted by the Law Reforms (Amdt.) Act, 1976 (XXI of 1976), s. 2 and Sch. \r\n5This section which was originally numbered 436 was re­numbered 437, by Act 18 of 1923, s. 117. \r\n6Omitted by the Law Reform Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n7Omitted by Act No. XVIII of 1923, s. 119. \r\n8The Words “a Presidency Magistrate or” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch. \r\n \r\nPage 157 of 307 \r\n \r\n1[(4) Nothing in this section shall be deemed to authorise a High Court— \r\n(a) to convert a finding of acquittal into one of conviction; or \r\n(b) to entertain any  proceedings in revision with respect to an order made by the \r\nSessions Judge under section 439A.] \r\n(5) Where under this Code an appeal lies and no appeal is brought, no proceedings by \r\nway of revision shall be entertained at the instance of the party who could have appealed. \r\n2[(6) Notwithstanding anything contained in this section, any convicted person to whom an \r\nopportunity has been given under sub­section (2) of showing cause why his sentence should not be \r\nenhanced shall, in showing cause, be entitled also to show cause against his conviction.] \r\n3[439A. Sessions Judge ’s powers of revision. __ (1) In the case of any proceeding before a \r\nMagistrate the record of which has been called for by the Sessions Judge or which otherwise comes \r\nto his knowledge, the Sessions Judge may exercise any of the powers conferred on the High Court by \r\nsection 439. \r\n(2) An Additional Sessions Judge shall have and may exercise all the powers of a \r\nSessions Judge under this Chapter in respect of any case which may be transferred to him under any \r\ngeneral or special order of the Sessions Judge.] \r\n440. Optional with Court to hear parties. No party has any right to be heard either \r\npersonally or by pleader before any Court when exercising its powers of revision: \r\nProvided that the Court may, if it thinks fit, when exercising such powers, hear any party \r\neither personally or by pleader, and that nothing in this section shall be deemed to affect section 439, \r\nsub­section (2). \r\n441. [Statement by Presidency Magistrate of grounds of his decision  to be considered by \r\nHigh Court.] Omitted by A.O., 1949, Schedule. \r\n \r\n442. High Court’ s order to be certified to lower Court or Magistrate.  When a case is \r\nrevised under this Chapter by the High Court, it shall, in manner hereinbefore provided by section \r\n425, certify its decision or order to the Court by which the finding, sentence or order revised was \r\nrecorded or passed, and the Court or Magistrate to which the decision or order is so certified shall \r\nthereupon make such orders as are conformable to the decisi on so certified ; and, if necessary, the \r\nrecord shall be amended in accordance therewith. \r\n   _______ \r\n \r\n \r\nPART VIII  \r\nSPECIAL PROCEEDINGS \r\n_____ \r\n4CHAPTER XXXIII. __ [SPECIAL PROVISIONS RELATING TO CASES IN WHICH \r\nEUROPEAN AND PAKISTAN BRITISH SUBJECTS ARE CONCERNED.] Omitted by the \r\nCriminal Law (Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), Schedule. \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch. \r\n2Ins. by Act No. XVIII of 1923, s.119. \r\n3Ins. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch. \r\n4Chapter XXXIII (Sections 443 to 449) was subs. for the original Chapter XXXIII (sections 443 to 463) by the Criminal Law Amendment Act, 1923 \r\n(12 of 1923), s.27. \r\n \r\n \r\nPage 158 of 307 \r\n \r\nCHAPTER XXXIV \r\nLUNATICS \r\n464. Procedure in case of accused being lunatic. __ (1) When a Magistrate holding an \r\ninquiry or a  trial has reason to believe that the accused is of unsound mind and consequently \r\nincapable  of  making  his  defence, the Magistrate shall inquire into the fact of such unsoundness, \r\nand shall cause such person to be examined by the Civil Surgeon of the district or such other medical \r\nofficer as the 1[Provincial Government] directs, and thereupon shall examine such Surgeon or other \r\nofficer as a witness, and shall reduce the examination to writing. \r\n2[(1A) Pending such examination and inquiry, the Magistrate may deal with the accused in \r\naccordance with the provisions of section 466.] \r\n(2) If such Magistrate is of opinion that the accused is of unsound mind and consequently \r\nincapable of making his defence, he 2[shall record a finding to that effect and] shall postpone further \r\nproceedings in the case. \r\n465. Procedure   in  case   of  person  3[sent   for   trial]   Court   of  Session  or   High  \r\nCourt   being lunatic. __ 4[(1) If any person before a Court of Session or a  High Court appears to the \r\nCourt at his trial to be of unsound mind and consequently incapable of making his defence, the Court \r\nshall, in the first instance, try  the fact of such unsoundness and incapacity, and if the Court is \r\nsatisfied of the fact, it sha ll record a finding  to that effect and shall postpone further proceeding s in \r\nthe case.] \r\n(2) The trial of the fact of the unsoundness of mind and incapacity of the accused shall be \r\ndeemed to be part of his trial before the Court. \r\n466. Release of lunatic pending investigation or trial.__ (1) Whenever an accused person \r\nis found to be of unsound mind and incapable of making his defence, the Magistrate or Court, as the \r\ncase may be, 5[whether the case is one in which bail may be taken or not], may release him on \r\nsufficient security being given that he shall be properly taken care of and shall be prevented from \r\ndoing injury to himself or to any other person, and for his appearance when required before the \r\nMagistrate or Court or such officer as the Magistrate or Court appoints in this behalf. \r\n6[(2)  Custody of lunatic.  If the case is one in which, in the opinion of the Magistrate or \r\nCourt, bail should not be taken, or if sufficient security is not given, the Magistrate or Court, as the \r\ncase may be, shall order the accused to be detained in safe custody in such place and manner as he or \r\nit may think fit, and shall report the action taken to the 7[Provincial Government]: \r\n \r\nProvided that no order for the detention of the accused in a lunatic asylum shall be made \r\notherwise than in accordance with such rules as the 7[Provincial Government] may have made under \r\nthe Lunacy Act, 1912.] \r\n \r\n467. Resumption of inquiry or trial. __ (1) Whenever an inquiry or a  trial is  postponed \r\nunder section  464 or section 465, the Magistrate or  Court, as the case may be, may at any time \r\nresume the inquiry or trial, and require the accused to appear or be brought before such Magistrate or \r\nCourt. \r\n1Subs. by A.O., 1937, for “L.G”. \r\n2Ins. by Act No. XVIII of 1923, s.120 \r\n3Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n4Subs. ibid. \r\n5Subs. by Act No. XVIII of 1923, s.122. \r\n6Subs. ibid. \r\n7Subs. by A.O., 1937, for “L.G”. \r\n \r\nPage 159 of 307 \r\n \r\n(2) When the accused has been released under section 466, and the sureties for his \r\nappearance produce him to the officer whom the Magistrate or Court appoints in this behalf, the \r\ncertificate of such officer that the accused is capable of making his defence shall be receivable in \r\nevidence. \r\n468. Procedure on accused appearing before Magistrate or Court. __ (1) If, when the \r\naccused appears  or is again brought before the Magistrate or the Court, as the case may be, the \r\nMagistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed. \r\n(2) If the Magistrate or Court considers the accused 1[*] to be still incapable of making \r\nhis defence, the Magistrate or Court shall again act according to the provisions of section 464 or \r\nsection 465, as the case may be, 2[and if the accused is found to be of unsound mind and incapable of \r\nmaking his defence, shall deal with such accused in accordance with the provisions of section 466]. \r\n3[469. When accused appears to have been insane.  When the accused appears to be of \r\nsound mind at the time  of inquiry or trial, and the Magistrate or Court is satisfied from t he evidence \r\ngiven before him or it that there is reason to believe that the accused committed an act which, if he  \r\nhad been of sound mind,  would have been an offence, and that he was, at the time when the act was \r\ncommitted, by reason of unsoundness of min d, incapable of knowing the nature of the act or that it \r\nwas wrong or contrary to law, the Magistrate or Court shall proceed with the case.] \r\n470. Judgment of acquittal on ground of lunacy. Whenever any person is acquitted upon \r\nthe ground that, at the time at which he is alleged to have committed an offence, he was, by reason of \r\nunsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, \r\nor that it was wrong or contrary to law, the finding shall state specifically whe ther he committed the \r\nact or not. \r\n471. Person acquitted on such ground to be  detained in safe  custody. __ (1) Whenever \r\n4[the  finding] states that the accused person committed the act alleged, the Magistrate or Court \r\nbefore whom or which the trial has bee n held, shall, if such act would, but for the incapacity found, \r\nhave constituted an offence, order such person to be 5[detained] in safe c ustody in such place and \r\nmanner as the Magistrate or Court thinks fit, 6[and shall report the action taken to the 7[Provincial \r\nGovernment]] 8[*  * *]: \r\n6[Provided that no order for the detention of the accused in a lunatic asylum shall be made \r\notherwise than in accordance with such rules as the 7[Provincial Government] may have made under \r\nthe Lunacy Act, 1912.] \r\n(2) 9[* * * * * * *] \r\n(3) 9[* * * * * * *] \r\n \r\n \r\n1Omitted by Act No. XVIII of 1923, s. 123. \r\n2Added ibid. \r\n3Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n4Subs. by Act No. XVIII of 1923, s.124. \r\n5Subs. ibid. \r\n6Ins.ibid. \r\n7Subs. by A.O., 1937, for “L.G.”. \r\n8Rep. by the Repealing and Amending Act, 1914 (X of 1914), s.3 and Sch. II. \r\n9Rep. by the Lunacy Act, 1912 (IV of 1912), s.101 and Sch., II. \r\n \r\n \r\nPage 160 of 307 \r\n \r\n1[(2)] Power of Provincial Government to relieve Inspector General of certain \r\nfunctions.  The 2[Provincial Government] may empower the officer incharge of the jail in which a \r\nperson is confined under the provisions of section 466 or this section, to discharge all or any of the \r\nfunctions of the Inspector General of Prisons under 3[* *] section 473 or section 474. \r\n472. [Lunatic prisoner to be visited by Inspector General] Rep. by the Lunacy Act, 1912 \r\n(IV of 1912), S.101 and Schedule II. \r\n473. Procedure where lunatic prisoner is reported capable of making his defence.  If \r\nsuch person is 4[detained] under the provisions of section 466, and 5[in the case of a person det ained \r\nin a jail, the Inspector­ General of Prisons, or, in the case of a person detained in a  lunatic  asylum,  \r\nthe  visitors of such asylum or any two of them] shall certify that, in his or their opinion, such person \r\nis capable of making his defence, he shall be taken before the Magistrate or Court, as the case may \r\nbe, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such \r\nperson under the provisions of section 468 ;and  the certificate of such Inspector­General or visitors \r\nas aforesaid shall be receivable as evidence. \r\n474. Procedure where lunatic detained under section 466 or 471 is declared fit to be \r\nreleased.__ (1) If such person i s 6[detained] under the provisions of section 466 or section 471, and \r\nsuch Inspector General or visitors shall certify that, in his or their judgment, he may be 7[released] \r\nwithout danger of his doing injury to himself or to any other person, the 2[Provincial Government] \r\nmay thereupon order him to be 7[released] or to be detained in custody, or to be transferred to a \r\npublic lunatic asylum if he has not been already sent to such an asylum ; and, in case it orders him to \r\nbe transferred to an asylum, may appoi nt a Commission, consisting of a judicial and two medical \r\nofficers. \r\n(2) Such Commission shall make formal inquiry into the state of mind of such person, \r\ntaking such evidence as is necessary, and shall report to the 2[Provincial Government], which may \r\norder his 8[release] or detention as it thinks fit. \r\n9[475.  Delivery of lunatic to care of relative or friend. __ (1)  Whenever  any  relative  or  \r\nfriend  of  any person detained under the provisions of section 466 or section 471 desires that he shall \r\nbe delivered to his  care and custody, the 2[Provincial Government] may, upon the application of \r\nsuch relative  or fr iend and on his giving security to the satisfaction of such 2[Provincial \r\nGovernment] that the person delivered shall__ \r\n(a) be properly taken care of and prevented from doing injury to himself or to any \r\nother person, and \r\n(b) be produced for the inspection of such officer, and at such times and places, as \r\nthe 2[Provincial Government] may direct, and \r\n(c) in the case of a person detained under section 466, be produced when required \r\nbefore such Magistrate or Court, \r\norder such person to be delivered to such relative or friend. \r\n \r\n1Re­numbered by Act No. XVIII of 1923, s. 124. \r\n2Subs. by A.O, 1937, for “L.G”. \r\n3Rep. by Act No. X of 1914, s.3 and Sch. II. \r\n4Subs. by Act No. XVIII of 1923, s.125.  \r\n5Subs. ibid. \r\n6Subs. by Act No. XVIII of 1923, s. 126. \r\n7Subs. ibid. \r\n8Subs. by Act No. XVIII of 1923, s.126. \r\n9Subs. ibid., s. 127. \r\n \r\n \r\nPage 161 of 307 \r\n \r\n(2) If the person so delivered is accused of any offence the trial of which has been postponed \r\nby reason   of his being of unsound mind and incapable of making his defence, and the inspecting \r\nofficer referred to in sub­section (1), clause (b), certifies at any time to the Magistrate or Court that \r\nsuch person is capable of making his defence, such Magistrate or Court shall call upon the relative or \r\nfriend to whom such accused  was delivered to produce him before the Magistrate or Court ; and, \r\nupon such production, the Magistrate or Court shall proceed in accordance with the provisions of \r\nsection 468, and the certificate of the inspecting officer shall be receivable as evidence.]  \r\n    _______ \r\n \r\nCHAPTER XXXV \r\nPROCEEDINGS IN CASE OF CERTAIN OFFENCES AFFECTING THE \r\nADMINISTRATION OF JUSTICE \r\n1[476. Procedure in cases mentioned in section 195.__ (1) When any offence referred to in \r\nsection 195, sub­section (1), clause  (b) or clause (c), has been committed in , or in relation to, a \r\nproceeding in any Civil, Revenue or Criminal Court, the Court may take cognizance of the offence  \r\nand try the same in accordance with the procedure prescribed for summary trials in Chapter XXII. \r\n(2) When in any case tried under sub­section (1) the Court f inds the offender guilty, it \r\nmay, notwithstanding anything contained in sub­section (2) of section 262__ \r\n(a) pass any sentence on the offender authorised by law for such offence, except a \r\nsentence of de ath, or imprisonment for life, or imprisonment exceeding five \r\nyears, if such Court be a High Court, a Court of Session, a District Court or \r\nany Court exercising the power of a Court of Session or a District Court ; \r\n(b) sentence the offender to simple impri sonment for a term which may extend to \r\nthree months, or to pay a fine not exceeding 2[one thousand rupees] or both, if \r\nsuch Court be a Court of a Magistrate of the first Class, a Civil Court other \r\nthan a High Court, a District Court or a Court exercising t he powers of a \r\nDistrict Court, or a Revenue Court not inferior to the Court of Collector ; \r\n(c) sentence the offender to simple imprisonment for a term not exceeding one \r\nmonth, or to pay a fine not exceeding fifty rupees, or both, if such Court be a \r\nCriminal Court or a Revenue Court other than a Court referred to in clause (a) \r\nor clause (b). \r\n(3) The powers conferred on Civil, Revenue and Criminal Courts under this section may \r\nbe exercised in respect of any offence referred to in sub­section (1) and alleged t o have been \r\ncommitted in relation to any proceeding in such Court by the Court to which such former Court is \r\nsubordinate within the meaning of sub­section (3) of section 195. \r\n(4) Any person sentenced by any Court under this section may, notwithstanding any thing \r\nhereinbefore contained, appeal__ \r\n \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n2Subs. by the Law Reforms (Amdt.) Act, 1976 (XXI of 1976), s.2 and Sch.. (w.e.f 18­4­76). \r\n \r\n \r\n \r\nPage 162 of 307 \r\n \r\n(a) in the case of a sentence by the High Court, to the Supreme Court ; \r\n(b) in the case of a sentence by a Court of Session, or District Court, or a Court exercising \r\nthe powers of a Court of Session or a District Court, to the High Court ; and \r\n(c) in any other case, to the Sessions Judge. \r\n(5) The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals \r\nunder this section and the Appellate Court may alter the finding or reduce or enhance the sentence \r\nappealed against. \r\n476A. Forwarding of cases for trial by Courts having jurisdiction. __ (1) If the Court in \r\nany case considers that the person accused of any of the offences referred to in section 476, \r\nsub­section (1), and committed in, or in relation to, any proceedings before it, should not be tried \r\nunder that section, such Court may, af ter recording the facts constituting the offence and the \r\nstatement of the accused person, as  hereinbefore provided, forward the case to a Court having \r\njurisdiction to try the case, and may require  security to be given for the appearance of such accused \r\nperson before such Court, or, if sufficient security is not given, shall forward such person in custody \r\nto such Court. \r\n(2) The Court to which a case is forwarded under this section shall proceed to hear the \r\ncomplaint against the accused person in the manner hereinbefore provided.] \r\n476B. [Appeals.] Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n477. [Power of Court of Session as to such offences comitted before itself.]  Omitted by the \r\nCode of Criminal Procedure (Amendment) Act, 1923 (XVIII of 1923), s.129. \r\n478. [Power of Civil or Revenue Courts to complete inquiry and commit to High Court or \r\nCourt of Session.] Omitted by the Law Reforms Ordinance, 1972 (XII Of 1972), s. 2 and sch. \r\n479. [Procedure of Civil or Revenue Court in such case s.]  Omitted by the Law Reforms \r\nOrdinance 1972 (XII of 1972), s. 2 and sch. \r\n480. Procedure in certain cases of contempt.__ (1) When any such offence as is described  \r\nin  section 175, section 178, section 179, section 180 or section  228 of the Pakistan Penal Code (Act \r\nXLV of 1860 ) is committed in the view or presence of any Civil, Criminal or Revenue Court, the \r\nCourt may cause  the  offender 1[*  *  * ] to be detained in custody and at any time  before the rising \r\nof the Court on the same day  may, if it thinks fit, take cognizance of the offence and sentence the \r\noffender to fine not exceeding two hundred rupees, and, in default of payment, to simple \r\nimprisonment for a term which may extend to one month, unless such fine be sooner paid. \r\n(2) 2[* * * * * * *] \r\n481. Record in such cases. __ (1) In every such case the Court shall record the facts \r\nconstituting the offence, with the statement (if any) made by the offender, as well as the finding and \r\nsentence. \r\n(2) If the offence is under section 228 of the Pakistan Penal Code (Act XLV of 1860), the \r\nrecord shall show the nature and stage of the judicial proceeding in which the Court  interrupted or \r\ninsulted was sitting, and the nature of the interruption or insult. \r\n1Rep. by the Criminal Law Amendment Act, 1923 (XII of 1923), s. 29. \r\n2Omitted by Act No. II of 1950, s. 2 and Sch. \r\n \r\nPage 163 of 307 \r\n \r\n482. Procedure where Court considers that case should not be dealt with under \r\nsection 480.__ (1) If the Court in any case considers that a person accused of any of the offences \r\nreferred to in section 480 and committed in its view or presence should be imprisoned otherwise than \r\nin default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon \r\nhim, or such Court is for any other reason of opinion that the case should not be disposed of under \r\nsection 480, such Court, after recor ding the facts constituting the offence and the statement of the \r\naccused as hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the \r\nsame, and may require security to be given for the appear ance of such accused person before such \r\nMagistrate, or if sufficient security is not  given,  shall forward such person in custody to such \r\nMagistrate. \r\n(2) The Magistrate, to whom any case is forwarded under this section, shall proceed to \r\nhear the complaint against the accused person in manner hereinbefore provided. \r\n483. When Registrar or Sub­Registrar to be deemed a Civil Court within sections 480 \r\nand 482. When  the  1[Provincial  Government]  so  directs,  any  Registrar  or  any  Sub­ Registrar  \r\nappointed  under  the 2[Registration Act, 1908], 3[(XVI of 1908)] shall be deemed to be a Civil Court \r\nwithin the meaning of sections 480 and 482. \r\n484. Discharge  of offender  on submi ssion or  apology.   When any Court has under \r\nsection 480 3[or section 482] adjudged an offender to punishment 3[or forwarded him to a Magistrate \r\nfor trial] for refusing or omitting to do anything which he was lawfully required to do or for any \r\nintentional insult or interruption, the Court may, in its discretion, discharge the offender or remit the \r\npunishment on his submission to the order or requisition of such Court, or on apology being made to \r\nits satisfaction. \r\n485. Imprisonment or committal of person ref using to answer or produce document.  \r\nIf any witness or person called to produce a document or thing before a Criminal Court refuses to \r\nanswer such questions as are put to him or to produce any document or thing in his possession or \r\npower which the Court re quires him  to produce, and does not offer any reasonable excuse for such \r\nrefusal, such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment, \r\nor by warrant under the hand of the presiding Magistrate or Judge commit him to t he custody of an \r\nofficer of the Court for any term not exceeding seven days, unless in the meantime such person \r\nconsents to be examined and to answer, or to  produce  the document or thing. In the event of his \r\npersisting in his refusal, he may be dealt wit h according to the provisions of section 480 or section \r\n482, and, in the case of a 5[High Court], shall be deemed guilty of a contempt. \r\n486. Appeals from convictions in contempt cases. __ (1) Any person sentenced by any \r\nCourt under section 480 or section 48 5 may, notwithstanding anything hereinbefore contained, \r\nappeal to the Court to which decrees or orders made in such Court are ordinarily appealable. \r\n(2) The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals \r\nunder this section, and the Appellate Court may alter or reverse the finding, or reduce or reverse the \r\nsentence appealed against. \r\n(3)  6[* * * * * * *] \r\n \r\n1Subs. by A.O., 1937, for “L.G.”. \r\n2Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n3Ins. by the Repealing and Amending Act, 1914 (X of 1914), s.2 and Sch. I. \r\n4Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955). \r\n5Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch. \r\n \r\nPage 164 of 307 \r\n \r\nan appeal from such conviction by 1[a] Court of Small Causes shall lie to the Court of session \r\nfor the sessions division within which such Court is situate. \r\n(4) An appeal from such conviction by any office r as Registrar or Sub­Registrar \r\nappointed as aforesaid may, when such officer is also Judge of a Civil Court, be made to the Court to \r\nwhich it would, under the preceding portion of this section, be made if such conviction were a decree \r\nby such officer in h is capacity as such Judge, and in other cases may be made to the District Judge, \r\n2* * *. \r\n487. Certain Judges and Magistrates not to try offences referred to in section 195 \r\nwhen committed before themselves .__ (1) Except as provided in sections 3[476,] 4[*] 480 and 485, \r\nno Judge of a Criminal Court or Magistrate, other than a Judge of a High Court 5[* * *], shall try any \r\nperson for any offence referred to in section 195, when such offence is committed before himself or \r\nin contempt 6   of his authority, or is b rought under his notice as such Judge or Magistrate in the \r\ncourse of a judicial proceeding. \r\n(2) 7[* * * * * * *]  \r\n \r\n8[CHAPTER XXXVI. __ [Of the Maintenance of  Wives  and  Children.] Omitted by  the \r\nFederal Laws (Revision and Declaration) Ordinance, 1981(XXVII of 1981), s. 2 and Second \r\nSchedule. \r\n__________ \r\n \r\nCHAPTER XXXVII \r\nDIRECTIONS OF THE NATURE OF A Habeas Corpus \r\n491. Power  to  issue  directions  of   the  nature  of  a  habeas  co rpus.__ (1)  9[Any  \r\nHigh  Court]  may, whenever it thinks fit, direct__ \r\n(a) that a person within the limits of its 10[appellate criminal jurisdiction] be \r\nbrought up before the Court to be dealt with according to law; \r\n(b) that a person illegally or improperly detained in  public or private custody \r\nwithin such limits be set at liberty ; \r\n(c) that a prisoner detained in any jail situate within such limits be brought before \r\nthe Court to be there examined as a witness in any matter pending or to be \r\ninquired into in such Court; \r\n(d) that a prisoner detained as aforesaid be brought before a Court­martial or any \r\nCommissioners 11[* * * ] for trial or to be examined touching any matter \r\npending before such Court­martial or Commissioners respectively ; \r\n \r\n \r\n1Subs. by the Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch.  \r\n2Rep. by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), s. 3 and Sch. II. \r\n3Ins. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n4Omitted by Act No. XVIII of 1923, s. 130. \r\n5Rep. by the Lower Burma Courts Act, 1900 (VI of 1900). \r\n6As to trials for contempt of authority of a Criminal Court or Magistrate in Baluchistan, see the British Baluchistan Criminal Justice Regulation, 1896 \r\n(8 of 1896), Sch., Art. 16. \r\n7Omitted by the Law Reforms Ordinance, 1972 (XII of 1972) s. 2 and Sch. \r\n8This chapter containing sections 488­490 have been amended previously by various enactments. \r\n9Subs. by the Criminal Law Amendment Act, 1923 (XII of 1923), s. 30. \r\n10Subs. ibid. \r\n11The words “acting under the authority of any commission from the G.G in C.” rep. by A.O., 1937. \r\n \r\nPage 165 of 307 \r\n \r\n(e) that a prisoner within such limits be removed from one custody to another for \r\nthe purpose of trial; and \r\n(f) that the body of a defendant within such limi ts be brought in on the Sheriff’ s \r\nreturn of cepi corpus to a writ of attachment. \r\n1[(1A) The High Court may, b y general or special order published in the official Gazette, \r\ndirect that all or any of its powers specifed in clauses (a) and (b) of sub­section (1) shall, subject to \r\nsuch conditions, if any, as may be specified in the order, be exercisable also by— \r\n(a) a Sessions Judge; or \r\n(b) an Additional Sessions Judge,  \r\nwithin the territorial limits of a Session Division.] \r\n(2) 2[The High Court] may, from time to time, frame rules to regulate the procedure in \r\ncases under this section. \r\n3[(3)  Nothing in this section appl ies to persons detained under any law providing for \r\npreventive detention.] \r\n \r\n4491A. [Powers of High Court outside the limits of appellate jurisdiction.]  Omitted by the \r\nCriminal Law (Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), Schedule. \r\n______ \r\n          PART IX \r\nSUPPLEMENTARY PROVISIONS \r\n_________ \r\n \r\nCHAPTER XXXVIII \r\nOF THE PUBLIC PROSECUTOR \r\n \r\n492. Power to appoint Public Prosecutors. __(1)  The 4[* *] 5[Provincial  Government]  \r\nmay  appoint, generally, or in any case, or for any specified class of cases, in any local area, one or \r\nmore officers to be  called Public Prosecutors. \r\n(2) 6[* * *] 7[officer­in­charge of prosecution in the district] may, in the absence of the \r\nPublic Prosecutor, or where no Public Prosecutor has been appointed, appoi nt any other person, not \r\nbeing an officer of police below 8[such rank as the 5[Provincial Government] may prescribe in this \r\nbehalf] to be Public Prosecutor for the purpose of 9[any case]. \r\n \r\n \r\n1Ins. by Ord. No. VIII of 2002, s.2 \r\n2Subs. by the Criminal Law Amendment Act, 1923 (XII of 1923), s. 30. \r\n3Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s.3 and Second Sch. \r\n4The words “G.G in C. or the” rep. by A.O., 1937. \r\n5Subs. ibid., for “L.G.”. \r\n6Omitted by Act No. XVIII of 1923, s. 133. \r\n7Subs. by Ord. No. XXXVII of 2001, s. 67. \r\n8Subs. by Act No. XVIII of 1923, s. 133. \r\n9Subs. ibid. \r\n \r\nPage 166 of 307 \r\n \r\n493. Public Prosecutor may plead in all Courts in cases under his charge Pleaders \r\nprivately instructed to be under his direction.  The Public Pros ecutor may appear and plead \r\nwithout any written authority before any Court in which any case of which he has charge is under \r\ninquiry, trial or appeal, and if any private person instructs a pleader to prosecute in any Court any \r\nperson in any such case, the Public Prosecutor shall conduct the prosecution, and the pleader so \r\ninstructed shall act therein, under his directions. \r\n494. Effect of withdrawal from prosecution.  Any Public Prosecutor 1[* * * ] may, with \r\nthe consent of the Court, 2[* * *] before the judgment is pronounced, withdraw from the prosecution \r\nof any person 3[either generally or in respect of any one or more of the offences for which he is tried] \r\n; and upon such withdrawal,__ \r\n(a) if it is made before a charge has been framed, the accused shall be discharged \r\n3[in respect of such offence or offences] ; \r\n(b) if it is made after a charge has been framed, or when under this Code no \r\ncharge is required, he shall be acquitted 3[in respect o f such offence or \r\noffences]. \r\n495. Permission to conduct prosecution s.__ (1) Any Magistrate inquiring into or trying \r\nany case may permit the prosecution to be conducted by any person other than an officer of police \r\nbelow the rank to be prescribed by the 4[Provincial Government] in this behalf 5[* * *] but no person, \r\nother than the Advocate General, Standing Counsel, Government Solicitor, Public  Prosecutor or \r\nother officer generally or specially empowered by the 4[Provincial Government] in this behalf, shal l \r\nbe entitled to do so without such permission. \r\n(2) Any such officer shall have the like power of withdrawing from the prosecution as is \r\nprovided by section 494, and the provisions of that section shall apply to any withdrawal by such \r\nofficer. \r\n(3) Any person conducting the prosecution may do so personally or by a pleader. \r\n(4) An officer of police shall not be permitted to conduct the prosecution if he has taken \r\nany part in the investigation into the offence with respect to which the accused is being prosecuted. \r\nCHAPTER XXXIX  \r\nOF BAIL \r\n496. In what cases bail to be taken.  When any person other than a person accused of a \r\nnon­bailable offence is arrested or detained without warrant by an officer in  charge of a \r\npolice­station, or appears or is brought before a Co urt, and is prepared at any time  while  in  the \r\ncustody of such officer or at any stage of   the proceedings before such Court to give bail, such \r\nperson shall be released on bail : Provided that such officer or Court, if he or it thinks fit, may, \r\ninstead of taking bail from such person, discharge him on his executing a bond without sureties for \r\nhis appearance as hereinafter provided : \r\n \r\n1Rep. by Act No. XVIII of 1923, s. 134. \r\n2Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n3Ins. by Act No. XVIII of 1923, s. 134. \r\n4Subs. by A.O., 1937, for “L.G.”. \r\n5Rep. by the Devolution Act, 1920 (XXXVIII of 1920), s. 2 and Sch. I. \r\n \r\n \r\nPage 167 of 307 \r\n \r\n1[Provided, further, that nothing in this section shall be deemed to affect the provisions of \r\nsection 107, sub­section (4), or section 117, sub­section (3).] \r\n497. When bail may be taken in case of non­bailable offence. __ (1) When any person \r\naccused of any non­bailable offence is arrested or detained without warrant by an officer in charge of \r\na police station, or appears or is brought before a Court, he may be released on bail, but he shall not \r\nbe so released if there appea r  reasonable  grounds for  believing that  he  has been  guilty  of  2[an  \r\noffence  punishable  with  death  or 3[imprisonment for life or imprisonment for ten years]]: \r\n4[Provided that the Court may direct that any person under the age of sixteen years 5[or any \r\nwoman] or any sick or infirm person accused of such an offence be released on bail [:]6] \r\n5[Provided further that the Court shall, except where it is of the opinion that the delay in the \r\ntrial of the accused has been occasioned by an act or omission  of the accused or any other person \r\nacting on his behalf, direct that any person shall be released on bail— \r\n(a) Who, being accused of any offence not punishable with death, has been \r\ndetained for such offence for a continuous period exceeding one year or in  \r\ncase of a woman exceeding six months and whose trial for such offence has \r\nnot concluded; or \r\n(b) Who, being accused of an offence punishable with death, has been detained \r\nfor such offence for   a continuous period exceeding two years and in case of \r\nwoman e xceeding one year and whose tr ial for such offence has not \r\nconcluded: \r\nProvided further that the provisions of the foregoing proviso shall not apply to a previously \r\nconvicted offender for an offence punishable with death or imprisonment for life or to a per son who, \r\nin the opinion of the court, is a hardened, desperate or dangerous criminal or is accused of an act of \r\nterrorism punishable with death or imprisonment for life.]. \r\n(2)  If it appears to such officer or Court at any stage of the investigation, inqui ry or trial, \r\nas the case may be,  that  there  are  not  reasonable  grounds  for  believing  that  the  accused  has  \r\ncommitted  7[a  non­bailable offence], but that there are sufficient grounds for further inquiry into his \r\nguilt, the accused shall,  pend ing  such inquiry, be released on bail, or, at the discretion of such \r\nofficer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter \r\nprovided. \r\n8[(3) An officer or a Court releasing any person on bail under sub­section (1) or sub­section \r\n(2) shall record in writing his or its reasons for so doing. \r\n \r\n1Proviso ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 135. \r\n2Subs. ibid., s. 136, for “the offence of which he is accused”. \r\n3Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s.2 and Sch., for “transportation for life”. \r\n4Proviso and sub­sections (3) and (4) ins. by Act XVIII of 1923, s. 135. \r\n5Ins., omitted and added by the Act VIII of 2011, s. 3.  (for further clarity on the provisos of sub-section (1) of section 497, the original source i.e. the \r\nGazette Notifications of Act No. XVIII of 1923, Law Reforms Ordinance (XII of 1972), Act No. XXV  of 1974, Ordinance No. LXXI of 1979, \r\nOrdinance No. 1983, Act No. XIX of 1994, Ordinance No. LIV of 2001 and Act No. VIII of 2011 may be perused in the chronological sequence.  \r\n6Subs. by Act XXV of 1974, s.2 and Sch., for full­stop \r\n7Subs. by Act XVIII of 1923, s. 135 for “such offence”. \r\n8Sub­sections (3) and (4) ins. ibid.) s. 135. \r\n  \r\n \r\nPage 168 of 307 \r\n \r\n(4) If, at any time after the conclusion of the trial of a person accused of a non­bailable \r\noffence and before Judgment is delivered, the Court is of opinion that there are reasonable grounds \r\nfor believing that the accused is not guilty of any such offence, it shall release the accused, if he is in \r\ncustody on the execution by him of a bond without sureties for his appearance to hear judgment \r\ndelivered.] \r\n1[(5) A High Court or Court of Session and, in the case of a person released by  itself, any \r\nother Court may cause any person who has been released under this section to be arrested and may \r\ncommit him to custody.] \r\n498. Power to direct admission to bail or reduction of bail.  The amount of every bond \r\nexecuted under this Chapter shall be fixed with due regard to the circumstances of the case, and shall \r\nnot be excessive  ; and the High Court or Court of Session may, in any case, whether there be an \r\nappeal on conviction or not, direct that any person be admitted to bail, or that the bail req uired by a \r\npolice­officer or Magistrate be reduced. \r\n2[498A.  No bail to be granted to a person not in custody, in court or against whom no \r\ncase is registered, etc. Nothing in section 497 or section 498 shall be deemed to require or authorise \r\na Court to rel ease on bail, or to direct to be admitted to bail, any person who is not in custody or is \r\nnot present in court   or against whom no case stands registered for the time being and an order for \r\nthe release of a person on bail, or a direction that a person be admitted to bail, shall be effective only \r\nin respect of the case that so stands registered against him and is specified in the order or direction.] \r\n499. Bond of accused and sureties. __ (1) Before any person is released on bail or released \r\non his own bond, a bond for such sum of money as the police­officer or Court, as the  case  may be, \r\nthinks sufficient  shall be executed by such person, and, when he is released on bail, by one or more  \r\nsufficient sureties conditioned that such person shall attend at the time  and place mentioned in the \r\nbond, and shall continue so  to attend until otherwise directed by the police­officer or Court, as the \r\ncase may be. \r\n(2) If the case so require, the bond shall also bind the person released on bail to appear \r\nwhen called upon at the High Court, Court of Session or other Court to answer the charge. \r\n500. Discharge from custody.__ (1) As soon as the bond has been executed, the person for \r\nwhose appearance it has  been executed shall be released ; and, when he is in jail, the Court  \r\nadmitting him to bail shall issue an order of release to the officer incharge of the Jail, and such \r\nofficer on receipt of the order shall release him. \r\n(2) Nothing in this section, secti on 496 or section 497 shall be deemed to require the \r\nrelease of any person liable to be detained for some matter other than that in respect of which the \r\nbond was executed. \r\n501. Power to order sufficient bail when that first taken is insufficient.  If, throu gh \r\nmistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become \r\ninsufficient, the Court may issue a warrant of arrest directing that the person released on bail be \r\nbrought before it and may order him to find sufficien t sureties, and, on his failing so to do, may \r\ncommit him to Jail. \r\n \r\n1Subs. by Act No. XVIII of 1923, s. 136. \r\n2Ins. by Act No. XIII of 1976, s. 4 (w.e.f. 15­4­1976). \r\n \r\n \r\nPage 169 of 307 \r\n \r\n502. Discharge of sureties.__ (1) All or any sureties for the attendance and appearance of a  \r\nperson released on bail may at any time apply to a Magistrate to discharge the  bond, either wholly  \r\nor so far as  relates to the applicants. \r\n(2) On such application being made, the Magistrate shall issue his warrant of arrest \r\ndirecting that the person so released be brought before him. \r\n \r\n(3) On the appearance of such person pursuant to the warrant, or on his voluntary \r\nsurrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to \r\nthe applicants, and shall call upon  such person to find other sufficient sureties, and, if he falls to do \r\nso, may commit him to custody. \r\n________ \r\n \r\nCHAPTER XL \r\nOF COMMISSIONS FOR THE EXAMINATION OF WITNESSES \r\n503. When attendance of witness may be dispensed with. __ (1) Whenever, in the course \r\nof an inquiry, a trial or any other proceeding under this Code, it appears to 1[*   *   * ], 2[* * * ] a \r\nCourt of Session or the High Court that the examination of a witness is necessary for the ends of \r\nJustice, and that the atten dance of such witness cannot be procured without an amount of delay, \r\nexpense or inconvenience which, under the circumstances of the case, would be  unreasonable, such \r\n2[* *] Court  may dispense  with such attendance  and may issue a commission  to any  2[* * *] \r\nMagistrate  of  the  first  class,  within  the  local  limits  of whose jurisdiction such witness resides, \r\nto take the evidence of such witness. \r\n(2) 3[* * * * * * *] \r\n4[(2A) When the witness resides in an area in or in relation to which the President  has \r\nextra­provincial jurisdiction within the meaning of the Extra­Provincial Juris diction Order, 1949 \r\n(G.G.O. No. 5 of 1949) the commission may be issued to such Court or officer in the area as may be \r\nrecognised by the President by notification in the off icial Gazette has a Court or officer to which or \r\nto whom commissions may be issued under this sub­section and within the local limits of whose \r\njurisdiction the witness resides.] \r\n5[(2B) When the witness resides in the United Kingdom or any other country of the \r\nCommonwealth 6[* *  *] or in the Union of Burma, 7[or any other country in which reciprocal \r\narrangement in this behalf exists,] the commission may be issued to such Court or Judge having \r\nauthority in this behalf in that country as may be specified by th e 8[Federal Government] by \r\n9notification in the official Gazette.] \r\n \r\n \r\n1Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch. \r\n2Omitted by ord. No. XXXVII of 2001, s. 68. \r\n3Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s.3 and Second Sch. \r\n4Subs. by the Federal Laws (Revision and Declaration) Ordinance 1981 (XXVII of 1981), s.3 and Second Sch. \r\n5Subs. by Act No. XIV of 1950, s. 2. \r\n6Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch.  \r\n7Ins. by the Civil and Criminal Procedure Codes (Amdt.) Ordinance, 1962 (LXVII of 1962), s. 2. \r\n8Subs. by the Federal Adaptation Laws Order, 1975 (P.O. No. 4 of 1975), Art. 2 and Table. \r\n9For instances of notifications see Gaz of P., 1960, Ext., pp 461­462, ibid., 1963, Pt.I­p.20. \r\n \r\n \r\nPage 170 of 307 \r\n \r\n(3) The Magistrate or officer to whom the commission is issued, 1[* * * ] 2[* * * ] shall \r\nproceed to the place where the witness is or shall summon the witness bef ore him, and shall take \r\ndown his evidence in the same manner, and may for this purpose exercise the same powers, as in \r\ntrials of 3[cases] under this Code. \r\n4[(4) Where the commission is issued to such officer as is mentioned in sub­section (2A), \r\nhe may, in lieu of proceeding in the manner provided in sub­section (3), delegate his powers and \r\nduties under the commission to any officer subordinate to him whose powers are not less than those \r\nof a Magistrate of the first class in Pakistan.] \r\n504. [Commission in case of witness being within Presidency­town] Omitted by A,O.,1949, \r\nSchedule. \r\n505. Parties may examine witnesses. __(1) The parties to any proceeding under this Code \r\nin which a commission is issued, may respectively forward any interrogatories in writing wh ich the \r\nMagistrate or Court directing the commission may think relevant to the issue 5[and when the \r\ncommission is directed to a Magistrate or officer mentioned in section 503, such Magistrate or the \r\nOfficer] 6[to whom the duty  of executing such commission has been delegated ] shall examine the \r\nwitness upon such interrogations. \r\n(2) Any such party may appear before such Magistrate or 7[8[*******]officer] by pleader, \r\nor if not in custody, in person, and may examine, cross­examine and re­examine (as the case may  be) \r\nthe said witness. \r\n506. Power of 9[* * ] Magistrate to apply for issue of commission . Whenever, in  the  \r\ncourse  of an inquiry or a trial or any other proceeding under this Code before  any  Magistrate  10[*  \r\n*  *] 11[* * *] 10[* *] it appears that a commission ought to be issued for the examination of a witness \r\nwhose evidence is necessary for the ends of justice, and that the attendance of such  witness  cannot  \r\nbe  procured without an amount of delay, expense or inconvenience which, under the circumsta nces \r\nof the case, would be unreasonable, 12[such Magistrate 10[* * *] shall apply to the Sessions Judge 10[* \r\n* * * * * ]], stating the reasons for the application ; 12[and the Sessions Judge  10[* * *  * * * ]] may \r\neither issue a commission in the manner hereinbefore provided or reject the application. \r\n507. Return of commission. __(1) After any commission issued  under  section 503 or  \r\nsection  506 has been duly executed, 13[* * *] it shall be returned, together with the deposition of the \r\nwitness examined there under, to the Court out of which it issued ; and the commission,  the  return \r\nthereto and the deposition shall be open at all reasonable times to inspection of the parties, and may,  \r\nsubject to all just excep tions, be read in evidence in  the case by either party,  and shall form part of  \r\nthe record. \r\n \r\n1Omitted by the Federal Laws (Revision and Declaration) Ordinance 1981 (XXVII of 1981), s. 3 and Second Sch. \r\n2Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n3Subs ibid. \r\n4Subs. by the Federal Laws (Revision and Declaration) Ordinance 1981 (XXVII of 1981), s. 3 and Second Sch. \r\n5Subs. by Act No. XIV of 1950, s. 2. \r\n6Ins. by Act No. XVIII of 1950, s. 138. \r\n7Subs. by Act No. XXVII of 1943, s. 3.  \r\n8Amended by Act No. XIV of 1950. \r\n9Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n10Omitted by Ord. No. XXXVII of 2001, s. 69. \r\n11Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch.  \r\n12Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n13Omitted by Act No. XIV of 1950, s. 4. \r\n  \r\n \r\nPage 171 of 307 \r\n \r\n(2) Any deposition so taken, if it satisfies the conditions prescribed by section 33 of the \r\nEvidence Act, 1872 (1 of 1874), may also be received in evidence at any subsequent stage of the case \r\nbefore another Court. \r\n508. Adjournment of inquiry or trial.  In every case in which a commission is issued \r\nunder section 503 or section 506, the inquiry, trial o r other proceeding may be adjourned for a \r\nspecified time reasonably sufficient for the execution and return of the commission. \r\n \r\n1[508A. Application of this Chapter to commissions issued in Burma.  The provisions of \r\nsub­section (3) of section 503, 2[* * * ] and so much of sections 505 and 507 as  relate s  to  the  \r\nexecution of a commission and its return by the Magistrate or officer to whom the commission is \r\ndirected shall apply in respect of commissions issued  3[by any Court or  Judge  having authority in \r\nthis behalf in the United Kingdom or in any other country of the Commonwealth 4[* * * ] or in the  \r\nUnion of Burma 5[or any other country in which reciprocal arrangement in this behalf exists] under  \r\nthe law in force in that country] relating to commissions for the examination of witnesses, as they \r\napply to commissions issued under section 503 or section 506.] \r\n   _______ \r\n \r\nCHAPTER XLI  \r\n \r\nSPECIAL RULES OF EVIDENCE \r\n \r\n 509. Deposition of medical witness.__(1) The deposition of a Civil Surgeon or other \r\nmedical witness, taken and attested by a Magistrate in the presence of the  accused, or taken on \r\ncommission  under Chapter  XL, may be given in evidence in any inquiry, trial or other proceeding \r\nunder this Code,  although  the deponent is not called as a witness. \r\n(2) Power to summon medical witness.  The Court may, if it thinks fit, summon and \r\nexamine such deponent as to the subject-matter of his deposition. \r\n6[510.  Report of Chemical Examiner, Serologist etc.  Any document purporting to be a \r\nreport, under the hand of any Chemical Examiner or Assistant Chemical Examiner to Government or \r\nany Serologist, finger­print expert or firearm expert  7[or the chemist or pharmacist or the Forensic \r\nScientist or Hand-writing expert]  appointed by Government, 8[or of the Chief Chemist of the \r\nPakistan Security Printing Corporation, Limited,] upon any matter or thing duly submitted to him for \r\nexamination or analysis and report in the course of any proceeding under this Code, may,  without \r\ncalling him as a witness,  be used as evid ence in any inquiry, trial or other proceeding under this \r\nCode: \r\nProvided that the Court may, 9[if it considers necessary in the interest of justice], summon \r\nand examine the person by whom such report has been made.] \r\n \r\n511. Previous conviction or acquittal h ow proved . In any inquiry, trial or other \r\nproceeding under this Code, a previous conviction or acquittal may be proved, in addition to any \r\nother mode provided by any law for the time being in force__ \r\n \r\n \r\n1Ins. by Act No. XXXV of 1940, s.3. \r\n2Rep. by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), s.3 and Sch. II. \r\n3Subs. by Act No. XIV of 1950, s.5. \r\n4Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n5Ins. by the Civil and Criminal Procedure Codes (Amendment) Ordinance, 1962 (LXVII of 1962) s.2. \r\n6Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n7Ins. by Act No. XXXIII of 2022, s.2.  \r\n8Ins. by Ordinance No. V of 1983, s.2. \r\n9Subs. by the Law Reforms (Amdt.) Act, 1976 (XXI of 1976), s.2 and Sch. (w.e.f. 18­4­76). \r\n \r\nPage 172 of 307 \r\n \r\n(a) by an extract certified under the hand of the officer having the custody of the \r\nrecords of the Court in which such conviction or acquittal was had to be a \r\ncopy of the sentence or order ; or \r\n(b) in case of a conviction, either by a certificate signed by the officer in charge of \r\nthe jail in which the punishment or any part thereof was inflicted, or by \r\nproduction of the warrant of commitment under which the punishment was \r\nsuffered ; \r\ntogether with, in each of such cases, evidence as to the identity of the accused person with the person \r\nso convicted or acquitted. \r\n512. Record of evidence in absence of accused. __ (1) If it is proved that an accused \r\nperson has absconded, and that there is no immediate prospect of arresting him, the Court competent \r\nto tr y or 1[send for trial to the Court of Session or High Court] such person for the offence \r\ncomplained of may, in his absence, examine the witnesses (if  any) produced on behalf of the  \r\nprosecution, and record their depositions. Any such deposition may, on th e arrest of such person, be \r\ngiven in evidence against him on the inquiry into, or trial for, the offence with which he is charged, if \r\nthe deponent is dead or incapable of giving evidence or his attendance cannot be procured without an \r\namount of delay, expe nse or inconvenience which, under the circumstances of the case, would be \r\nunreasonable. \r\n(2) Record of evidence when offender unknown.  If it appears that an offence \r\npunishable with death or 2[imprisonment for life] has been committed by some person or perso ns \r\nunknown, the High Court may direct that any Magistrate of the first class shall hold an inquiry and \r\nexamine any witnesses who can give evidence concerning the offence. Any depositions so taken may \r\nbe given in evidence against any person who is subsequen tly accused of the offence, if the deponent \r\nis dead or incapable of giving evidence or beyond the limits of 3[Pakistan]. \r\n________ \r\n \r\nCHAPTER XLII  \r\n \r\nPROVISIONS AS TO BONDS \r\n \r\n 513. Deposit instead of recognizance.  When any person is required by any Court or \r\nofficer to execute a bond, with or without sureties, such Court or officer may, except in the case of a \r\nbond for good behaviour, permit him to deposit a sum of money or Government promissory notes  \r\n4[or furnish bank guarantee] to such amount as the Court or officer may fix, in lieu of executing such \r\nbond. \r\n5514. Procedure on forfeiture of bond. __ (1) Whenever it is proved to the satisfaction of the \r\nCourt by which a bond under this Code has been taken, or of the Court of a 6[*  *  * ] Magistrate of \r\nthe first class,  \r\nor, when the bond is for appearance before a Court, to the satisfaction of such Court,  \r\nthat such bond has been forfeited, the Court shall record the grounds of such proof, and may \r\ncall upon any person bound by such  bond to pay the penalty thereof, or to show c ause why it should \r\nnot be paid. \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n2Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s.2 and Sch. (w.e.f. 13­4­1972). \r\n3Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (XXI of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955). \r\n4Ins. by Act No. XXXVI of 2026, s.2 (Applicable only to the extent of ICT) \r\n5S. 514 applies to all cases requiring security for good behaviour under the Punjab Frontier Crossing Regulation, 1873 (7 of 1873), s.6. \r\n6Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch.  \r\n \r\nPage 173 of 307 \r\n \r\n(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to \r\nrecover the same by issuing a warrant for the attachment and sale of the moveable  1[or immovable] \r\nproperty belonging to such person or his estate if he be dead. \r\n(3) Such warrant may be executed within the local limits of the jurisdiction of the Court \r\nwhich issued it; and it shall authorize the 2[attachment] and sale of any moveable property belonging \r\nto such person without such limits, when endorsed by the 3[District Officer (Revenue)] 4[*   *   * ] \r\nwithin the local limits of whose jurisdiction such property is found. \r\n(4) If such penalty is not paid and cannot be recovered by such attachment and sale, th e \r\nperson so bound shall be liable, by order of the Court which issued the warrant, to imprisonment in \r\nthe civil jail for a term which may extend to six months. \r\n(5) The Court may, at its discretion, remit any portion of the penalty mentioned and \r\nenforce payment in part only 1[which shall not be more than half of surety amount of penalty]. \r\n(6) Where a surety to a bond dies before the bond is forfeited, his estate shall be \r\ndischarged from all liability in respect of the bond 5[* * *]. \r\n6[(7) When any person who has furnished security under section 106 or section 118 7[* * *] \r\nis convicted of an offence the commission of which constitutes a breach of the conditions of his \r\nbond,   or of a bond executed in lieu of his bond under section 514B,  a  certified  copy of the  \r\njudgment  of the Court by which he was convicted of such offence may be  used  as  evidence  in  \r\nproceedings under this section against his surety or sureties, and, if  such certified  copy is  so used,  \r\nthe  Court  shall presume that such offence was committed by him unless the contrary is proved.] \r\n8[514A. Procedure in case of insolvency or death of surety or when a bond is forfeited.  \r\nWhen any surety to a bond under this Code becomes insolvent or dies, or when any bond is forfeited \r\nunder the provis ions of section 514, the Court by whose order such bond was  taken, or a 9[* * * ] \r\nMagistrate of the first class, may order the person from whom such security was demanded to furnish \r\nfresh security in accordance with the directions of the original order, and ,  i f  such security is not \r\nfurnished, such Court or Magistrate may proceed as if there  had been a  default  in complying with \r\nsuch original order. \r\n514B. Bond required from a minor.  When the person required by any Court or officer to \r\nexecute a bond is a minor, such Court or officer may accept, in lieu thereof, a bond executed by a \r\nsurety or sureties only.] \r\n3[515. Appeals from, and revision of, orders under section 514. __ All orders passed by any \r\nMagistrate under section 514 shall be appealable to the Sessions Judge or, if no appeal is preferred \r\nagainst any such order, may be revised by the Sessions Judge.] \r\n516. Power to direct levy of amount due on certain recognizances. The High Court or \r\nCourt of Session may direct any Magistrate to levy the amount due on a bond to appear  and attend at \r\nsuch High Court or Court of Session. \r\n \r\n1 Ins. by Act No. XXXVI of 2026, s.3. (Applicable only to the extent of ICT.) \r\n2Subs. by Act No. XVIII of 1923, s. 139. \r\n3Subs. by Ord. No. XXXVII of 2001, s.70-71. \r\n4Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch. \r\n5Omitted by Act No. XVIII of 1923, s. 139. \r\n6Ins. ibid. \r\n7Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n8Ins. by Act No. XVIII of 1923, s. 140. \r\n9Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch. \r\n \r\nPage 174 of 307 \r\n \r\nCHAPTER XLIII \r\nOF THE DISPOSAL OF PROPERTY \r\n1[516A. Order for custody and disposal of property pending trial in certain cases.  When  \r\nany property regarding which any offence appears to have been committed, or which appears to have \r\nbeen used for the commission of any offence, is produced before any Criminal Court during any \r\ninquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property \r\npending the conclusion of the inquiry or trial, and, if the property is subject to speedy or natural \r\ndecay, may, after recording such evidence as it th inks necessary, order it to be sold or otherwise \r\ndisposed of 2[:]] \r\n3[Provided that, if the property consists of explosive substance, the Court shall not order it to \r\nbe sold or handed over to any person other than a Government department or office dealing w ith, or \r\nto an authorised dealer in, such substances 4[:] \r\n4[Provided further that if the property is a dangerous drug, intoxicant, intoxicating liquor or \r\nany other narcotic substance seized or taken into custody under the Dangerous Drugs Act, 1930 (II of \r\n1930), the Customs Act, 1969 (IV of 1969), the Prohibition (Enforcement of Hadd) Order, 1979 \r\n(P.O.  4 of 1979), or any other law for the time being in force, the Court may, either on an \r\napplication or of its own motion and under its supervision and control, obtain and prepare such \r\nnumber of samples of the property as it may deem fit for safe custody and production before it or any \r\nother court and cause destruction of the remaining portion of the property under a certificate issued \r\nby it in that behalf: \r\nProvided also that such samples shall be deemed to be whole of the property in an inquiry or  \r\nproceedings in relation to such offence before any authority or court.] \r\n517. Order for disposal of property regarding which offence committed.__ (1) When an \r\ninquiry or a trial in any Criminal Court is concluded, the Court may make such order as it thinks fit \r\nfor the disposal 5[by destruction, confiscation, or delivery to any person claiming to be entitled to \r\npossession  thereof  or  otherwise] of a ny property or document produced before it or in its custody \r\nor regarding which any offence appears to have been committed, or which has been used for the \r\ncommission of any offence. \r\n(2) When a High Court or a Court of Session makes such order and cannot th rough its \r\nown officers conveniently deliver the property to the person entitled thereto, such Court may direct \r\nthat the order be carried into effect by the 6[District Officer (Revenue)]. \r\n7[(3)  When an order is made under this section such order shall not,  except where the \r\nproperty is livestock or subject to speedy and natural decay, and save as provided by sub­section (4), \r\nbe carried out for one month, or, when an appeal is presented, until such appeal has been disposed of. \r\n \r\n \r\n1Ins. by Act No. XVIII of 1923, s. 141. \r\n2Subs. by the Criminal Laws (Amdt.) Ordinance, 1981 (XXXIII of 1981), s.3. \r\n3Added ibid. \r\n4Subs. & added. by Act No. VII of 1993, s. 3. \r\n5Ins. by Act No. XVIII of 1923, s. 142. \r\n6Subs. by Ord. No. XXXVII of 2001, s. 72. \r\n7Ins. by Act No. XVIII of 1923, s. 142. \r\n  \r\n \r\nPage 175 of 307 \r\n \r\n(4) Nothing in this section shall be deemed to prohibit any Court from delivering any \r\nproperty under the provisions of sub­section (1) to any person claiming to be entitled to the \r\npossession thereof, on his executing a bond with or with out sureties to the satisfaction of the Court , \r\nengaging to restore such property to the  Court if the order made under this section is modified or set \r\naside on appeal.] \r\nExplanation.__ In this section the term “property” includes in the case of property rega rding \r\nwhich an offence appear to have been committed, not only such property as has been originally in the \r\npossession or under the control of any party, but also any property into or for which the same may \r\nhave been converted or exchanged, and anything acq uired by such conversion or exchange, whether \r\nimmediately or otherwise. \r\n518. Order may take form of reference 1[* * * * *] . In lieu of itself passing an order \r\nunder section 517, the Court may direct the property to be delivered to 1[a Magistrate of the first \r\nclass] who shall in such cases deal with it as if it had been seized by the police and the seizure had \r\nbeen reported to him in the manner hereinafter mentioned. \r\n519. Payment to innocent purchaser of money found on accused.  When any person is \r\nconvicted of  any offence which includes, or amounts to, theft or receiving stolen property, and it is \r\nproved that any other person has bought the stolen property from him without knowing, or having \r\nreason to believe, that the same was stolen, and that any money h as on his arrest been taken out of \r\nthe possession of the  convicted person,  the Court may, on the application of such purchaser and on \r\nthe  restitution of the  stolen property to the  person entitled to the possession thereof, order that out \r\nof such money a sum not  exceeding the  price  paid by such purchaser be delivered to him. \r\n520. Stay of order under section 517,518 or 519.  Any Court of appeal, confirmation, \r\nreference or revision may direct any order under section 517, section 518, or section 519, passed by a \r\nCourt subordinate thereto, to be stayed pending consideration by the former Court, and may modify, \r\nalter or annul such order and make any further orders that may be just. \r\n521. Destruction of libellous and other matter. __ (1) On a convict ion under the Pakistan \r\nPenal Code (XLV of  1860), section 292, section 293 , section 501 or section 502, the Court may \r\norder the destruction of all the  copies of that thing in respect of which the conviction was had, and \r\nwhich are in the custody of the Court or remain in the possession or power of the person convicted. \r\n(2) The Court may, in like manner, on a conviction under the Pakistan Penal Code (XLV \r\nof 1860), section 272, section 273, section 274 or section 275, order the  food, drink, drug or medical \r\npreparation in  respect  of which the conviction was had to be destroyed. \r\n522. Power  to  restore  possession  of  immoveable  property.__ (1) Whenever  a  person \r\nis  convicted  of  an  offence,  2[of  cheating  or  forgery  or  of  an  offence]  attended  by  criminal  \r\nforce  3[or  show  of  force  or  by criminal  intimidation]  and  it  appears  to  the  Court  that  by such \r\n2[cheating forgery,] force  3[or show of force or criminal intimidation] any person has been \r\ndispossessed of any immoveable property,  the Court may, if it thinks fit, 3[when convicting such \r\nperson \r\n \r\n1Omitted and Subs. by Ord. No. XXXVII of 2001, s. 73. \r\n2Ins. by Ordinance No. XVII of 1984, s. 2. \r\n3Ins. by Act No. XVIII of 1923, s. 143. \r\n  \r\n \r\nPage 176 of 307 \r\n \r\nor at any time within one month from the date of the conviction] order 1[the person dispossessed] to \r\nbe restored to the possession of the same 2[, whether such property is in the possession or under the \r\ncontrol of the person convicted or of any other person to whom it may have been transferred for any \r\nconsideration or otherwise.] \r\n(2) No such order shall prejudice any right or interest to or in such immovable property \r\nwhich any person may be able to establish in a civil suit. \r\n3[(3)  An order under this section may be made by any Court of appeal, confirmation, \r\nreference or revision.] \r\n4[522A. Power to restore possession of moveable property. __ (1) Whenever a person is \r\nconvicted of an offence of criminal mis­appropriation of property or criminal breach of trust or \r\ncheating or forgery and it appears to the Court that, by such mis­app ropriation, breach of trust, \r\ncheating or forgery,  any person has  been dispossessed or otherwise deprived of any moveable \r\nproperty, the Court may, if thinks fit, when convicting such person o r at any time within one month \r\nfrom the date of the convection, order the person dispossessed or deprived of the property, where \r\nsuch property can be identified, to be restored to the possession of such property, whether such \r\nproperty is in the possession or under the control of the person convicted or of any other per son to \r\nwhom it may have been transferred for any consideration or otherwise. \r\n(2) Where the property referred to in sub­section (1) cannot be identified or has been \r\ndisposed of by the accused so that it may not be identified, the Court may order such compen sation \r\nto be paid to the person dispossessed or deprived of such property as it may determine in the \r\ncircumstances of the case. \r\n(3) No order referred to in sub­section (1) or sub­section (2) shall prejudice any right or \r\ninterest in any moveable property which any person may be able to establish in a civil suit.] \r\n523. Procedure by police upon seizure of property taken under section 51 or stolen. __ \r\n(1) The seizure by any police -officer of property taken under section 51, or alleged or suspected to \r\nhave been stolen, or  found under circumstances which create suspicion of the commission of any \r\noffence, shall be forthwith reported to a Magistrate, who shall make such order as he thinks fit \r\nrespecting the disposal of such property  or the delivery of such propert y to the person entitled to the \r\npossession thereof, or, if such person cannot be ascertained, respecting the custody and production of \r\nsuch property. \r\n5[(2)  Procedure where owner of property seized unknown .  If the person so entitled is \r\nknown, the Magistrate may order the property to be delivered to him on such conditions (if any) as \r\nthe Magistrate thinks fit. If such person is unknown, the Magistrate may detain it and shall, in such \r\ncase, issue a proclamation specifying the articles of which such property consists, and requiring any \r\nperson who may have a claim thereto, to appear before him and establish his claim within six months \r\nfrom the date of such proclamation. \r\n \r\n1Subs. by Act No. XVIII of 1923, s. 143. \r\n2Added by Ordinance No. XVII of 1984, s. 2. \r\n3Ins. by Act No. XVIII of 1923, s. 143.  \r\n4Ins. by Ordinance No. XVII of 1984, s. 3.  \r\n5Amended in its application to the Pronvice of Punjab­see West Punjab Ordinance 3 of 1948. \r\n \r\n \r\n \r\n \r\nPage 177 of 307 \r\n \r\n524. Procedure where no claimant appears within six months. __ (1)  If  no  person  \r\nwithin  such  period establishes his claim to such property, and if the person in  whose  possession \r\nsuch property was  found, is unable to show that it was legally acquired by him, such property shall \r\nbe at the disposal of the 1[Provincial  Government],  and  may  be  sold  under  the  orders  of  the  2[*  \r\n*],  3[Magistrate  of  the  First  Class] empowered by the 4[Provincial Government] in this behalf. \r\n(2) In the case of every order passed under this section, an appeal shall lie to t he Court to \r\nwhich appeals against sentences of the Court passing such order would lie. \r\n \r\n525. Power to sell perishable property.  If the person entitled to the possession of such \r\nproperty is unknown or absent and the property is subject to speedy and natural decay, 5[or if the \r\nMagistrate] to whom its seizure is reported is of opinion that its sale would be for the benefit of the \r\nowner, 6[or that the value of such p roperty is less than ten rupees ] the Magistrate may at  any time \r\ndirect it to be sold; and the provisions of sections 523 and 524 shall, as nearly as may be practicable, \r\napply to the nett proceeds of such sale. \r\n________ \r\n \r\nCHAPTER XLIV \r\nOF THE TRANSFER OF CRIMINAL CASES \r\n526. High Court may transfer case or itself try it.__ (1) Whenever it is made to appear to \r\nthe High Court:— \r\n(a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court \r\nsubordinate thereto, or \r\n(b) that some question of law of unusual difficulty is likely to arise, or \r\n(c) that a view of the place in or near which any offence has been committed may \r\nbe required for the satisfactory inquiry into or trial of the same, or \r\n(d) that an order under this section will tend to the general convenience of the \r\nparties or witnesses, or \r\n(e) that such an order is expedient for the ends of justice, or is required by any \r\nprovision of this Code; it may order__ \r\n(i) that any offence be inquired into or tried by an y Court not empowered \r\nunder sections 177 to 184 (both inclusive) , but in other respects \r\ncompetent to inquire into or try such offence; \r\n(ii) that any particular 7[*] case or appeal, or class of 8[*] cases or appeals, \r\nbe transferred from a Criminal Court subordinate to its authority to any \r\nother such Criminal Court of equal or superior jurisdiction; \r\n \r\n1Subs. by A.O., 1937, for “Govt.”. \r\n2Omitted by the Adaptation of Central Laws and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch. \r\n3Subs. by Ord. No. XXXVII of 2001, s. 74. (w.e.f. 14-08-2001). \r\n4Subs. by A.O., 1937, for “L.G.”. \r\n5Subs. by Act. No. XVIII of 1923, s. 144. \r\n6Ins. ibid. \r\n7Omitted by Act No. XVIII of 1923, s. 145. \r\n8Omitted ibid. \r\n \r\n \r\nPage 178 of 307 \r\n \r\n(iii) that any particular 1[*] case or appeal be transferred to and tried before \r\nitself; or \r\n(iv) that an accused person be 2[sent] for trial to itself or to a Court of \r\nSession. \r\n(2) When the High Court withdraws for trial before itself any case from any Court 3[* * \r\n*] it shall, 4[* * *] observe in such trial the same procedure which that Court would have observed if \r\nthe case had not been so withdrawn. \r\n(3) The High Court may act either on the report of the lower Court, or on the application \r\nof a party interested, or on its own initiative. \r\n(4) Every application for the exercise of the power conferred by this section shall be \r\nmade by motion, which shall, except whe n the applicant is the Advocate General, be supported by \r\naffidavit or affirmation. \r\n(5) When an accused person makes an application under this section, the High Court may \r\ndirect him to execute a bond, with or without sureties, conditioned that he will, if 5[so ordered] pay \r\n6[any amount which the High Court 7[may under this section award by way of Compensation] to the \r\nperson opposing the application.] \r\n(6) Notice to Public Prosecutor of application under this section . Every accused \r\nperson making any such application shall give to the Public Prosecutor notice in writing of the \r\napplication, together with a copy of  the grounds on which it  is made; and no order shall be made on \r\nthe merits of the application unless at least twenty­four hours have elapsed between the giving of \r\nsuch notice and the hearing of the application. \r\n8[(6A) Where any application for the exercise of the power conferred by this section is \r\ndismissed, the High Court may , if it is of opinion that the application was frivolous or vexatious, \r\norder the applicant to pay by way of 9[compensation] to any person who has opposed the application \r\n10[such sum not exceeding 11[five hundred rupees] as it may consider proper in the circumstances of \r\nthe case].] \r\n(7) Nothing in this section shall be deemed to affect any order made under section 197. \r\n12[(8) In an inquiry under Chapter VIII or any trial, the fact that any party intimates to  the \r\nCourt at any stage that he intends to make an application under this section shall not require the \r\nCourt to adjourn the case; but the Court shall not pronounce its final judgment   or order until the \r\napplication has been finally disposed of by the Hig h Court and, if the  application  is accepted by the \r\nHigh Court, the proceedings taken by the Court subsequent to the  intimation made  to it shall, at the \r\noption of the accused, be held afresh.] \r\n \r\n \r\n1Omitted by Act No. XVIII of 1923, s. 145. \r\n2Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n3Omitted by A.O., 1949, Sch. \r\n4The words figure and comma, “except as provided in section 267,” omitted by Ordinance XII of 1972, s. 2. and Sch. \r\n5Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 145, for “convicted”. \r\n6Subs. ibid., for “the costs of the Prosecutor”. \r\n7Subs. by the Code of Criminal Procedure (Amdt.) Act, 1932 (21 of 1932), s.2 for “has power under this section to award by way of costs”. \r\n8Sub­section (6A) ins. by Act XVIII of 1923, s. 145. \r\n9Subs. by Act 21 of 1932, s.2 for “costs”. \r\n10Subs. ibid., for “any expenses reasonably incurred by such person in consequence of the application”. \r\n11Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. For “two hundred and fifty rupees”. \r\n12Subs. by the Law Reforms (Amdt.) Act, 1976 (Act No. XXI of 1976), s. 2 and Sch.  \r\n \r\nPage 179 of 307 \r\n \r\n (10) If, before the argument (if any) for the admission of an appeal begins, or, in the case  \r\nof an appeal admitted, before the argument for the appellant begins, any party interested intimates to \r\nthe Court that he intends to make an application under this section, the Court shall, upon such party \r\nexecuting, if so required, a  bond  without  suret ies  of  an  amount  not  exceeding  1[five  hundred  \r\nrupees]  that  he  will  make  such application within a reasonable time to be fixed by the Court, \r\npostpone the appeal for such a period as will afford sufficient time for the application to be made and \r\nan order to be obtained thereon.] \r\n2[526A.  [High Court to transfer for trial to itself in certain cases.  Omitted by the Code of \r\nCriminal Procedure (Amdt.) Ordinance, 1969 (20 of 1969), S. 2 (w.e.f. 29­7­1969). \r\n527. Power   of   Provincial   Government   to   transfer   cases   and   appeals. __ (1)   \r\nThe   4[Provincial Government] may, by notification in 3 [official Gazette], direct the transfer of any \r\nparticular 5[*] case or appeal from one High Court to another High Court, or from any Criminal \r\nCourt subordinate to one High  Court, to any other Criminal Court of equal or superior jurisdiction \r\nsubordinate to another High Court, whenever it appears to 6[it] that such transfer will promote the \r\nends of justice, or tend to the general convenience of parties or witnesses : \r\n7[Provided that no case or appeal shall be transferred to a High Court or other Court in \r\nanother Province without the consent of the Provincial Government of that Province.] \r\n(2) The Court to which such case or appeal is transferred shall deal wi th the same as if it had \r\nbeen originally instituted in, or presented to, such Court. \r\n528. Sessions Judge may withdraw cases from Assistant Sessions Judge. __ 8[(1)  Any  \r\nSessions Judge may withdraw any case from, or recall any case which he has made over to, any \r\nAssistant Sessions Judge subordinate to him.] \r\n9[(1A) At any time before the trial of the case or the hearing of the appeal has commenced \r\nbefore the Additional Sessions Judge, any Sessions Judge may recall any case or appeal Which he \r\nhas made over to any Additional Sessions Judge. \r\n(1B) Where a Sessions Judge withdraws or recalls a case under sub­section (1) or recalls a \r\ncase or appeal under sub­section (1A), he may either try the case in his own Court or hear the appeal \r\n \r\n \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. For “two hundred rupees.” \r\n2This section has previously been amended by various enactments. \r\n3Subs. by A.O., 1937, for “G.G, in C”. \r\n4Subs. ibid., for “Gazette of India”. \r\n5The word “criminal” rep. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 146. \r\n6Subs. by A.O., 1937, for “him”. \r\n7Proviso ins., ibid. \r\n8Sub­section (1) ins. by Act XVIII of 1923, s. 147. \r\n9Sub­sections (1A) and (1B) ins. by the Code of Criminal Procedure (Amdt.) Act, 1946 (III of 1946), s.2. \r\n  \r\n \r\nPage 180 of 307 \r\n \r\nhimself, or make it over in accordance with the provisions of this Code to another Court for trial or \r\nhearing, as the case may be.] \r\n1[(1C) Any Sessions Judge may withdraw any case from, or recall any case which he ha s made \r\nover to, any Magistrate subordinate to him, and may refer it for inquiry or trial to any other such \r\nMagistrate competent to inquire into or try the same. \r\n2[* * * * * * *]] \r\n(2) 1[* * * * * * *] \r\n(3) 1[* * * * * * *] \r\n3[(4) Any Magistrate may recall any case made over by him under section 192, sub­section (2), \r\nto any other Magistrate and may inquire into or try such case himself.] \r\n4[(5)] A Magistrate making an order under [this] * 5[preceding sub­section ] shall record in \r\nwriting his reasons for making the same. \r\n(6) 6[* * * * * * *] \r\n528A. 7[* * * * * * *] \r\n \r\n8CHAPTER XLIVA. __ [SUPPLEMENTARY PROVISIONS RELATING TO EUROPEAN AND \r\nPAKISTAN BRITISH SUBJECTS AND OTHERS.]Omitted b y the Criminal Law (Extinction of  \r\nDiscriminatory Privileges) Act, 1949 (II of 1950), s. 2 and Schedule. \r\n   ______ \r\n  \r\n       CHAPTER XLV \r\nOF IRREGULAR PROCEEDINGS \r\n529. Irregularities which do not vitiate proceedings.  If any Magistrate not empowered by \r\nlaw to do any of the following things, namely:__ \r\n(a) to issue a search warrant under section 98; \r\n(b) to order, under section 155, the police to investigate an offence; \r\n(c) to hold an inquest under section 176; \r\n(d) to issue process, under section 186, for the apprehension of a person within the \r\nlocal limits of his jurisdiction who has committed an offence outside such limits; \r\n(e) to take cognizance of an offence under section 190, sub­section (1), clause (a) or \r\nclause (b) ; \r\n \r\n1Subs. by the Law Reforms (Amdt.) Act, 1976 (XXI of 1976), s. 27 and Sch. \r\n2Omitted by the Legal Reforms Act, 1997 (Act No. XXIII of 1997), s. 2. \r\n3Sub­section (4) ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s.147. \r\n4Original sub­sections (1), (2) and (3) were re­numbered as (2), (3) and (5) respectively, by Act No. XVIII of 1923, s. 137. \r\n5Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch., for “section”. \r\n6Sub­section (6) omitted by A.O., 1949, Sch. \r\n7Omitted by Ord. XXXVII of 2001, s.75. \r\n8Chapter XLIVA (ss. 528A to 528 D) was ins. by the Criminal Law Amendment Act, 1923 (XII of 1923), s.33. \r\n*Sic should read as ”the”. \r\n \r\n \r\n \r\nPage 181 of 307 \r\n \r\n(f) to transfer a case under section 192; \r\n(g) to tender a pardon under section 337 or section 338; \r\n(h) to sell property under section 524 or section 525;  or \r\n(i) to withdraw a case and try it himself under section 528; \r\nerroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground \r\nof his not being so empowered. \r\n530. Irregularities which vitiate proceedings. If any Magistrate, not being empowered by \r\nlaw in this behalf, does any of the following things, namely:__ \r\n(a) attaches and sells property under section 88; \r\n(b) issues a search­warrant for a letter, parcel or other thing in the Post Office, or \r\na telegram in the Telegraph Department; \r\n(c) demands security to keep the peace; \r\n(d) demands security for good behaviour; \r\n(e) discharges a person lawfully bound to be of good behaviour; \r\n(f) cancels a bond to keep the peace; \r\n(g) makes an order under section 133 as to a local nuisance; \r\n(h) prohibits, under section 143, the repetition or continuance of a public \r\nnuisance; \r\n(i) issues an order under section 144; \r\n(j) makes an order under Chapter XII;  \r\n(k) takes cognizance, under section 190, sub­section (1) clause (c), of an offence; \r\n(l) passes a sentence, under section 349, on proceedings recorded by another \r\nMagistrate; \r\n(m) calls, under section 435, for proceedings; \r\n(n) 1[* * * * * * *] \r\n(o) revises, under section 515, an order passed under section 514; \r\n(p) tries an offender; \r\n(q) tries an offender summarily; or \r\n \r\n1Clause (n) omitted by the Federal Law (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Second Sch. \r\n \r\n \r\nPage 182 of 307 \r\n \r\n(r) decides an appeal; \r\nhis proceedings shall be void. \r\n531. Proceedings in wrong place.  No finding, sentence or order of any Criminal Court \r\nshall be set aside merely on the ground that the inquiry, trial or other proceeding in the course of \r\nwhich it was arrived at or passed, took place in a wrong sessions division, district, sub­division or \r\nother local area, unless it appears that such error has in fact occasioned a failure of justice. \r\n1532. [When irregular commitments may be validated.] Omitted by the Law Reforms \r\nOrdinance, 1972 (XII of 1972), s.2 and Sch. \r\n533. Non­compliance with provisions  of section 164 or 364. __ (1) If any Court, before \r\nwhich a confession or other statement of an accused person recorded or purporting to be recorded \r\nunder section 164  or section 364 is tendered or has been received in evidence, finds that any of the \r\nprovisions of either of such sections have not been complied with by the Magistrate recording the \r\nstatement, it shall take evidence that such person duly made the statement recorded; and, \r\nnotwithstanding anything contained in the  Evidence  Act, 1872 (I of  1872), s ection 91, such \r\nstatement shall be admitted if the  error has not  injured the  accused as to his defence on the merits. \r\n(2) The provisions of this section apply to Courts of Appeal, Reference and Revision. \r\n2534. [Omission to give information unde r section 447.] Omitted by the Criminal Law \r\n(Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), Schedule. \r\n535. Effect of omission to prepare charge. __ (1) No finding or sentence pronounced or \r\npassed shall be deemed invalid merely on the ground that no charge was framed, unles s, in the \r\nopinion of the Court of appeal or revision, a failure of justice has in fact been occasioned thereby. \r\n(2) If the Court of appeal or revision thinks that a failure of justice has been occasioned \r\nby an omissio n to frame a charge, it shall order that a charge be framed, and that the trial be \r\nrecommenced from the point immediately after the framing of the charge. \r\n1536. [Trial by jury of offence triable with assessors.] Omitted by the Law Reforms \r\nOrdinance, 1972 (XII of 1972), s. 2 and Sch. \r\n3[537.  Finding or sentence when reversible by reason of error or omission in charge or \r\nother proceedings.__ Subject to the provisions hereinbefore contained, no finding, sentence or order \r\npassed by a Court of competent jurisdic tion shall be reversed or altered under Chapter XXVII or on \r\nappeal or revision   on account__ \r\n(a) of any error, omission or irregularity in the complaint , report by police­officer \r\nunder section 173, summons, warrant, charge, proclamation, order, judgment \r\nor other proceedings before or during trial or in any inquiry or other \r\nproceedings under this Code, or \r\n(b) of any error, omission or irregularity in the mode of trial, including any \r\nmisjoinder of charges, unless such error, omission or irregularity has in fact \r\noccasioned a failure of justice. \r\n \r\n \r\n1 Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n2The original s. 534 was subs. by the Criminal Law Amendment Act, 1923 (XII of 1923), s.34. \r\n3Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. for section 537, which has previously been amended by various enactments. \r\n \r\nPage 183 of 307 \r\n \r\nExplanation.__ In determining whether any error, omission or irregularity in any proceeding \r\nunder this Code has occasioned a failure of Justice, the Court sh all have regard to the fact whether \r\nthe objection could and should have been raised at an earlier stage in the proceedings.] \r\n1[* * * * * * *] \r\n \r\n538. Attachment not illegal, person making same not trespasser for defect or want of \r\nform in proceedings.   No 2[attachment] made under this Code shall be deemed unlawful, nor shall \r\nany person making the same be deemed a trespasser, on account of any defect or want of form in the \r\nsummons, conviction, writ of 2[attachment] or other proceedings relating thereto. \r\n                                                               _______ \r\nCHAPTER XLVI  \r\nMISCELLANEOUS \r\n \r\n539. Courts and persons before whom affidavits may be sworn.  Affidavits and \r\naffirmations to be used before any High Court or any officer of such Court may be sworn and \r\naffirmed before such Court 3[* * * ] or any Commissioner or other person appointed by such Court \r\nfor that purpose or any Judge, or any Commissioner for taking affidavits in any Court of Record in \r\n4[Pakistan] 5[* * *]. \r\n \r\n \r\n6[539A. Affidavit in proof of conduct of public servant. __ (1) When any application is \r\nmade  to  any Court in the course of any inquiry, trial or other proceeding under this Code, and  \r\nallegations are  made  therein respecting any public servant, the applicant may give evidence of the \r\nfacts alleged in the application  by affidavit, and the Court may, if it thinks fit, order that evidence \r\nrelating to such facts be so given. \r\n \r\n \r\nAn affidavit to be used before any Court other than a High Court under this section may be \r\nsworn or affirmed in the manner prescribed in section 539, or before any Magistrate. \r\n \r\nAffidavits under this section shall be confined to, and shall state separately, such facts as the \r\ndeponent is able to prove from his own knowledge and such facts as he has reasonable groun ds to \r\nbelieve to be true, and, in the latter case, the deponent shall clearly state the grounds of such belief. \r\n \r\n(2) The Court may order any scandalous and irrelevant matter in an affidavit to be struck \r\nout or amended.] \r\n \r\n7[539B. Local inspection. __ (1) Any Judge or Magistrate may at any stage of any inquiry, \r\ntrial or other proceeding, after due notice to the parties, visit and inspect any place in which an \r\noffence is alleged to have been committed, or any other place which it is in his opinion necessary to \r\nview for the purpose of properly appreciating the evidence given at such inquiry or trial, and shall \r\nwithout unnecessary delay record a memorandum of any relevant facts observed at such inspection. \r\n(2) Such memorandum shall form part of the record of th e case. If the Public Prosecutor, \r\ncomplainant or accused so desires, a copy of the memorandum shall be furnished to him free of cost \r\n8[.] \r\n1The illustration rep. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 148. \r\n2Subs. ibid., s. 149, for “distress”. \r\n3The words “or the [Clerk of the State]” omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch., The words in crotchets were subs. \r\nby A.O., 1961, Art. 2 and Sch., for “Clerk of the Crown” (w.e.f 23.3.1956). \r\n4Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s.3 and 2nd Sch., (with effect from the 14th October, 1955), for “the \r\nProvinces and the Capital of the Federation”, which had been subs. by A.O., 1949, Arts. 3(2) and 4, for “British India”. \r\n5Certain words omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s.3 and 2nd Sch. \r\n6S. 539A ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 150. \r\n7S. 539B ins. by Act XVIII of 1923, s.150. \r\n8Subs. by Ordinance XII of 1972, s.2 and Sch., for colon. \r\n \r\nPage 184 of 307 \r\n \r\n1[* * * * * * *] \r\n540. Power to summon material witness or examine person present.  Any Court may, at \r\nany stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, \r\nor examine any person in attendance, though not summoned as a witness, or recall and re -examine \r\nany person already examined; and the Court shall summon and examine or recall and re-examine any \r\nsuch person if his evidence appears to it essential to the just decision of the case. \r\n2[540A. Provision for inquiries and trial being held in the absence of accused in certain \r\ncases.__ (1) At any stage of an inquiry or trial under this Code, where two or more accused are before \r\nthe Court, if the Judge or Magistrate is satisfied, for reasons to be recorded, that any one or more of \r\nsuch accused is or are incapable of remaining before the Court, he may , if such accused is \r\nrepresented by a pleader, dispense with  his attendance and proceed with such inquiry or trial in his \r\nabsence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such \r\naccused. \r\n(2) If the accused in a ny such case is not represented by a pleader, or if the Judge or \r\nMagistrate considers his personal attendance necessary, he may, if he thinks fit, and for reasons to be \r\nrecorded by him, either adjourn such inquiry or trial, or order that the case of such a ccused be taken \r\nup or tried separately.] \r\n541. Power to appoint place of imprisonment. __ (1) Unless when otherwise provided by \r\nany law for the time being in force, the 3[Provincial Government] may direct in what place any \r\nperson liable to be imprisoned or committed to custody under this Code shall be confined. \r\n(2) Removal to criminal jail of accused or convicted persons who are in confinement \r\nin civil jail, and their return to the civil jail.  If any person liable to be imprisoned or committed to \r\ncustody und er this Code is in confinement in a civil jail, the Court or Magistrate ordering the \r\nimprisonment or committal may direct that the person be removed to a criminal jail. \r\n(3) When a person is removed to a criminal Jail under 4[sub-section (2)], he  shall, on  \r\nbeing released therefrom, be sent back to the civil Jail, unless either__ \r\n(a) three years have elapsed since he was removed to the criminal Jail, in which \r\ncase he shall be deemed to have been discharged from the civil Jail under \r\nSection 5[58 of the Code of Civil Procedure, 1908 6[(Act V of 1908)],]: or \r\n(b) the Court which ordered his imprisonment in the civil jail has certified to the \r\nofficer in charge of the criminal jail that he is entitled to be discharged under \r\nsection 5[58 of the Code of Civil Procedure, 1908 6[(Act V of 1908)]]. \r\n542. [Power of Presidency Magistrate to order prisoner in jail to be brought up for \r\nexamination.] Rep. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), S. 3 and \r\nII Schedule. \r\n543. Interpreter to be bound to i nterpret truthfully. When the services of an interpreter \r\nare required by any Criminal Court for the interpretation of any evidence or statement, he shall be \r\nbound to state the true interpretation of such evidence or statement. \r\n1Proviso omitted by Ordinance XII of 1972, s.2 and Sch. \r\n2Section 540A ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 151. \r\n3Subs. by A.O., 1937, for “L.G.”. \r\n4Subs. for “sub-section (1)” by the Repealing and Amending act, 1924 (VII of 1924), s.2 and Sch. I. \r\n5Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch., for “341-342 of the Code Civil Procedure”. \r\n6Subs. ibid., item 209 for “XVI of 1882”. \r\n \r\n \r\nPage 185 of 307 \r\n \r\n544. Expenses of complainants and witnesses.  Subject to any rules1 made by the \r\n2[Provincial Government], 3[* * *] any Criminal Court may, if it thinks fit, order payment, on the \r\npart of Government, of the reasonable expenses of any complainant or witness attending for the \r\npurposes of any inquiry, trial or other proceeding before such Court under this Code. \r\n4[544A. Compensation to the heirs of the person killed, etc. __ 5[(1) Whenever a person is \r\nconvicted of an offence in the commission whereof the death of, or hurt, injury, or mental anguish  or  \r\npsychological damage, to, any person is caused, or damage to or loss or destruction of any property \r\nis caused, the Court  shall, when convicting such person, unless for reasons to be recorded in writing \r\nit  otherwise  directs, order  the person convicted to pay to the heirs of the person whose death has \r\nbeen caused, or to t he person hurt or injured, or to the person to whom mental anguish or \r\npsychological damage has been caused, or to the owner  of the property damaged, lost or destroyed, \r\nas the case may be, such compensation as the Court may determine having regard to the \r\ncircumstances of the case.] \r\n(2) The compensation payable under sub-section (1) shall be recoverable as 6[an arrear of \r\nland revenue] and the Court may further order that, in default of payment 7[or of recovery as \r\naforesaid] the person ordered to pay such co mpensation shall suffer imprisonment for a period not \r\nexceeding six months, or if it be a Court of the Magistrate of the third class, for a period not \r\nexceeding thirty days. \r\n \r\n(3) The compensation payable under sub -section (1) shall be in addition to any s entence \r\nwhich the Court may impose for the offence of which the person directed to pay compensation has \r\nbeen convicted. \r\n \r\n \r\n(4) The provisions of sub -sections (2B), (2C), (3) and (4) of section 250 shall, as far as \r\nmay be, apply to payment of compensation under this section. \r\n \r\n \r\n(5) An order under this section may also be made by an Appellate Court or by a Court \r\nwhen exercising its powers of revision.] \r\n \r\n545. Power of Court to pay expenses or compensation out of fine.__ (1) Whenever under \r\nany law in force for the time being a Criminal Court imposes a fine or confirms in appeal, revision or \r\notherwise a sentence of fine, or a sentence of which fine forms a part, the Court may, when passing \r\njudgment, order the whole or any part of the fine recovered to be applied__ \r\n \r\n(a) in defraying expenses properly incurred in the prosecution; \r\n \r\n \r\n8[(b) in the payment to any person of compensation for any loss 9[, injury or mental \r\nanguish or psychological damage] caused by the offence, when substantial \r\ncompensation is, in the opinion of the Court, recoverable by such person in a \r\nCivil Court;] \r\n \r\n10[(c)  when any person is convicted of any offence which includes theft,  criminal \r\nmisappropriation, criminal breach of trust, or cheating, or of having \r\ndishonestly received  or  retained, or  of  having  voluntarily assisted in \r\ndisposing of, stolen  \r\n \r\n1For rules, see the different local Rules and Orders. \r\n2Subs. by A.O., 1937, for “L.G.”. \r\n3The words “with the previous sanction of the G.G; in C”. rep. by the Devolution Act, 1920 (XXXVIII of 1920), s. 2 and Sch. I. \r\n4Ins. by Ordinance XII of 1972, s.2 and Sch. \r\n5Subs. by the Code of Criminal Procedure (Amdt.) Ordinance, 1980 (VI of 1980), s.3, for subsection (1). \r\n6Subs. by the Code of Criminal Procedure (Amdt.) Ordinance, 1980 (VI of 1980), s.3, for “if it were a fine imposed by the Court”. \r\n7Ins. ibid. \r\n8Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 152, for the original clause (b). \r\n9Subs. by Ordinance VI of 1980, s.4, for “or injury”. \r\n10Clause (c) ins. Act No. XVIII of 1923, s. 152. \r\n \r\nPage 186 of 307 \r\n \r\nproperty knowing or having reason to believe the same to be stolen, in \r\ncompensating any bona fide  purchaser, of such property for the loss of the \r\nsame if such property is restored to the possession of the person entitled \r\nthereto.] \r\n(2) If the fine is imposed in a case which is subject to appeal, no such payment shall be \r\nmade before the period allowed f or presenting the appeal has elapsed, or, if an appeal be  presented, \r\nbefore  the  decision of  the appeal. \r\n546. Payments to be taken into account in subsequent suit.  At the time of awarding \r\ncompensation in any subsequent civil suit relating to the same ma tter, the Court shall take into \r\naccount any sum paid or recovered as compensation under section 1[544A or section] 545. \r\n2[546A. Order of payment of certain fees paid by complainant in non -cognizable cases.__ \r\n(1) Whenever any complaint of a non-cognizable offence is made to a Court, the Court, if it convicts \r\nthe accused, may in addition to the penalty imposed upon him, order him to pay to the complainant__ \r\n(a) the fee (if any) paid on the petition of complaint or for the examination of the \r\ncomplainant, and \r\n(b) any fees paid by the complainant for serving processes on his witnesses or on \r\nthe accused, \r\nand may further order that, in default of payment, the accused shall suffer simple imprisonment for a \r\nperiod not exceeding thirty days. \r\n(2) An order under this section may also be made by an Appellate Court, or by the High \r\nCourt, when exercising its powers of revision.] \r\n547. Moneys ordered to be paid recoverable as fines.  Any money (other than a fine) \r\npayable by virtue of  any order made under this Cod e 3[and the method of recovery of which is not \r\notherwise expressly provided for], shall be recoverable as if it were a fine. \r\n548. Copies of proceedings.  If any person affected by a Judgment or order passed by a \r\nCriminal Court desires to have a copy of 4[* * *] any order or deposition or other part of the record \r\nhe shall, on applying for such copy, be furnished therewith: \r\nProvided that he pays for the same, unless the Court, for some special reason, thinks fit to \r\nfurnish it free of cost. \r\n \r\n549. Delivery to military authorities of persons liable to be tried by Court -\r\nmartial.__(1) The 5[Federal Government] may make rules 6 consistent with this Code and the \r\n7[Pakistan Army Act, 1952 (XXXIX of 1952), the Pakistan Air Force Act, 1953 (VI of 1953) and the \r\nPakistan Navy Ordinance, 1961  (XXXV of 1961 ),] and  any  similar  law  for  the  time  being in \r\nforce as to the cases to which this Code applies, or by Court­Martial, and when any person is brought \r\n \r\n1Ins. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n2Section 546A ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s.153. \r\n3Ins. ibid., s. 154. \r\n4The words “the Judges charge to the jury or of” omitted by Ordinance 12 of 1972, s.2 and Sch. \r\n5Subs. by F.A.O., 1975, Art 2 and Table for “Central Government (w.e.f. 28-7-1975), which was previously amended by A.O., 1937 for “G.G. in C”. \r\n6For the Criminal Procedure (Military Offenders) Rules, 1958, see Gaz of P., 1958, Pt. I, pp. 463-464. \r\n7Subs. by the Code of Criminal Procedure (Amdt.) Ordinance, 1969, (XX of 1969), s. 3 for certain words (w.e.f. 29­7­1969). \r\n  \r\n \r\nPage 187 of 307 \r\n \r\nbefore a Magistrate and charged with an offence for which he is liable, 3[to be tried either by a Court \r\nto which this Code applies or by a Court­martial], such Magistrate shall hav e regard to such rules, \r\nand shall in  proper  cases deliver him, together with a statement of the offence of which he is \r\naccused, to the commanding   officer of the regiment, corps, 2[ship] or detachment, to which he \r\nbelongs, or to the commanding officer o f the nearest 4[military 2[, naval] or air­force station, as the \r\ncase may be], for the purpose of being tried by Court­martial. \r\n(2) Apprehension of such persons.  Every Magistrate shall, on receiving a written \r\napplication for that purpose by the commanding officer of any body of 5[soldiers, sailors or airmen] \r\nstationed or employed at any such place, use his utmost endeavours to apprehend and secure any \r\nperson accused of such offence. \r\n550. Powers to police to seize property suspected to be stolen.  Any police­officer may \r\nseize any property which may be alleged or suspected to have been stolen, or which may be found \r\nunder circumstances which create suspicion of the commission of any offence. Such police­officer, if \r\nsubordinate to the officer in  charge of a police­station, shall forthwith report the seizure to that \r\nofficer. \r\n551. Powers of superior officers of police. Police­officers superior in rank to an officer in \r\ncharge of a police­station may exercise the same powers, throughout the local area to w hich they are \r\nappointed, as may be exercised by such officer within the limits of his station. \r\n552. Powers to compel restoration of abducted females. Upon complaint made to a 6[* * \r\n*] 7[Sessions Judge] on oath of the abduction or unlawful detention of a wo man or of a female child \r\nunder the age of 8[sixteen] years, for any unlawful purpose, he may make an order for the immediate \r\nrestoration of such woman to her liberty, or of such female child to her husband, parent, guardian or \r\nother person having the lawfu l charge of such child, and may compel compliance with such order, \r\nusing such force as may be necessary. \r\n553. [Compensation to persons groundlessly given in charge in presidency­town.] Rep. by \r\nthe Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), s. 3 and Schedule II. \r\n554. Power of 9[*] High Courts to make rules for inspection of records of subordinate \r\nCourts.__ 10[With the previous sanction of the Provincial Government, any High Court] 11[* * * ] \r\nmay, from time to time, make rules for the inspection of the records of subordinate Courts. \r\n(2) Powers of 12[*] High Courts to make rules for other purposes . Every High Court \r\n13[* * *] may, from time to time, and with the previous sanction of the 14[Provincial Government],__ \r\n \r\n1Subs. by Act 10 of 1927, s.2 and Sch. I, for “military law”. \r\n2Ins. by the Amending Act, 1934 (XXXV of 1934), s.2 and Sch. \r\n3Subs. ibid., Sch. for “under the Army Act, section 141, or under the Air Force Act, section 41, to be tried by a Court­martial”. \r\n4Subs. by Act No. X of 1927, s.2 and Sch. I, for “military station”. \r\n5Sub.s by Act No. XXXV of 1934, s.2 and Sch., for “troops”. \r\n6The words “Presidency Magistrate or” omitted by A.O., 1949, Sch. \r\n7Subs. by ord. XXXVII of 2001, s.76. \r\n8Subs. by the Indian Criminal Law Amendment act, 1924 (XVIII of 1924), s.5, for “fourteen”. \r\n9The word “Chartered” omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Second Sch. \r\n10Subs. by A.O., 1937, for “with the Previous sanction of the G.G. in C., the High Court at Fort William, and, with the previous of the L.G., any other \r\nHigh Court”. \r\n11The words “within the meaning of the Government of India Act, 1935,” which had been subs. by A.O., 1949, Sch., for “established by Royal Charter” \r\nhave been omitted by the Central laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s.3 and 2nd Sch (with effect from the 14th October, 1955). \r\n12The word “other” omitted by Ordinance XXVII of 1981, s.3 and 2nd Sch. \r\n13The words “not being a High Court to which sub­section (1) applies which had been subs. by A.O., 1949, Sch. for “not established by Royal charter \r\n“omitted by Ordinance No. XXI of 1960, s. 3 and 2nd Sch. (with effect from the 14th October,1955). \r\n14Subs. by A.O., 1937 for “L.G.” \r\n \r\n \r\nPage 188 of 307 \r\n \r\n(a) make rules for keeping all books, entries and accounts to be kept in all \r\nCriminal Courts subordinate to it, and for the preparation and transmission of \r\nany returns or statements to be prepared and submitted by such Courts ; \r\n(b) frame forms for every proceeding in the said Courts for which it thinks that a \r\nform should be provided ; \r\n(c) make rules for regulating its own practice and proceedings and the practice \r\nand proceedings of all Criminal Courts subordinate to it; and \r\n(d) make rules for regulating the execution of warrants issued under this Code for \r\nthe levy of fines:  \r\nProvided that the rules and forms made and framed under this section shall not be \r\ninconsistent with this Code or any other law in force for the time being. \r\n(3) All rules made under this section shall be published in the 1[official Gazette]. \r\n555. Forms. Subject to the powers conferred by section 2[554], and by 3[Articles 202 and \r\n203] of the Constitution , the forms set forth in the fifth schedule , with such variation as th e \r\ncircumstances of each case require, may be used for the respective purposes therein mentioned, and \r\nif used shall be sufficient. \r\n556. Case in which Judge or Magistrate is personally interested.  No Judge or \r\nMagistrate shall, except with the permission of t he Court to which an appeal lies from his Court, try \r\n4[* * * ] any case to or in which he is a party, or personally interested, and no Judge or Magistrate \r\nshall hear an appeal from any judgment or order passed or made by himself. \r\nExplanation.__ A Judge or Magistrate shall not be deemed a  party,  or  personally  interested,  \r\nwithin the meaning of this section, to or in any case by reason only that he is a Municipal \r\nCommissioner or otherwise concerned therein in a public capacity, or by reason on ly that he has \r\nviewed the place in which an offence is alleged to have been committed,  or  any other  place  in \r\nwhich any other transaction material to the case is alleged to have occurred, and made an inquiry in \r\nconnection with the case. \r\nIllustration \r\nA, as Collector, upon consideration of information furnished to him, directs the prosecution \r\nof B for a breach of the Excise Laws. A is disqualified from trying this case as a Magistrate. \r\n557. Practising pleader not to sit as Magistrate in certain Courts.   No pleader who \r\npractises in the Court of any Magistrate in 5[* * *] district, shall sit as a Magistrate in such Court or \r\nin any Court within the jurisdiction of such Court. \r\n \r\n \r\n1Subs by A.O, 1937, for “local official Gazette”. \r\n2Subs. by the Amending Act, 1903 (I of 1903), for “553”. \r\n3The original words and figures “section 15 of the India High Courts Act 1861” have successively been subs. by the Amending Act, 1916 (XIII of \r\n1916), s.2 and Sch., A.O., 1937, A.O., 1961, Art.2 and Sch. (with effect from the 23rd March, 1956), A.O., 1964, and F.A.O., 1975, Art.2 and Sch., to \r\nread as above. \r\n4The words “or commit for trail” omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n5The words “Presidency­town or” rep. by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), s.3 and Sch.II. \r\n \r\n \r\nPage 189 of 307 \r\n \r\n558. Powers to decide language of Courts. The 1[Provincial Government] may determine \r\nwhat, for the purposes of this Code, shall be deemed to be the language of each Court within the \r\nterritories administered by such Government, other than 2[the High Courts]. \r\n3[559. Provision for powers of Judges and Mag istrates being exercised by  their \r\nsuccessors in office. __ (1) Subject to the other provisions of the Code, the powers and duties of a \r\nJudge or Magistrate may be exercised or performed by his successor in office. \r\n(2) When there is any doubt as to who is the  successor in office of any Magistrate, 4[* * \r\n*] 5[the Sessions Judge 6[* * *]] 7[* * *] shall determine by order in writing the Magistrate who shall, \r\nfor the purposes of this Code or of any proceedings or order thereunder, be deemed to be the \r\nsuccessor in office of such Magistrate. \r\n(3) When there is any doubt as to who is the successor in office of any Additional or \r\nAssistant Sessions Judge, the Sessions Judge shall determine by order in writing the Judge who shall, \r\nfor the purposes of this Code or of any proceedings or order thereunder, be deemed to be the \r\nsuccessor in office of such Additional or Assistant Sessions Judge.] \r\n560. Officers concerned in sales not to purchase or bid for property.  A public servant \r\nhaving any  duty to perform in connection with the sale of any property under this Code shall not \r\npurchase or bid for the property. \r\n561. [Special provisions with respect to offence of rape by a husband.] Rep. by  the Offence \r\nof Zina (Enforcement of Hadood), Ordinance, 1979 (VII of 1979), s.20. \r\n7[561A. Saving of inherent power of High Court.  Nothing in this Code shall be deemed to \r\nlimit or affect the inherent power of the High Court to make such order as may be necessary to give \r\neffect to any order under this Code, or to prevent abuse of the process of an y Court or otherwise to \r\nsecure the ends of justice.] \r\nFirst Offenders \r\n9 10[562. Power  of  Court  to  release  certain  convicted  offenders  on  probation  of  \r\ngood  conduct instead of sentencing to punishment. __ (1) When any person not under twenty­one \r\nyears of age is convicted of an offence punishable with imprisonment for not more than seven years, \r\nor when any person under twenty­one years of age or any woman is  convicted of an offence not \r\npunishable with death or 11[imprisonment] for life, and no previous conviction is proved against the \r\noffender, if it appears to the Court before which he is convicted, regard being had to the age, \r\ncharacter or anteced ents of the offender, and to the circumstances in which the offence was \r\ncommitted, that it is expedient that the offender should be released on probation of good conduct, the \r\nCourt may, instead of sentencing him  at once to any punishment, direct that he be released on his \r\nentering into a bond, with or without  \r\n \r\n1Subs. by A.O., 1937, for “L.G.” \r\n2Subs. by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956), for “the Courts which are High Courts for the Purposes of the \r\nGovernment of India Act, 1935”, which had been subs. by A.O., 1937, for “the High Courts establishes by Royal Charter”. \r\n3Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 155, for the original s. 559.  \r\n4The words “the Chief Presidency Magistrate in a Presidency­town, and” omitted by A.O., 1949, Sch.  \r\n5Subs. by ord. XII of 1972, s.2.sch. \r\n6Omitted. by ord. XXXVII of 2001, s.77. \r\n7The words “outside such towns” omitted by A.O., 1949, Sch.  \r\n8S. 561A ins. by the Code of Criminal Procedure (Amdt.) Act 1923 (XVIII of 1923), s. 156. \r\n9Ss. 380, 562, 563 and 564 have been rep. by the Probation of Offenders Ordinance, 1960 (45 of 1960), s. 16, only in its application to__ \r\n(i) the Provinces of West Pakistan with effect from the 1st July, 1961; see Gaz. of P., 1961, Ext., p.957, and \r\n10Subs. by Act No. XVIII of 1923, s.157, for the original s. 562. \r\n11Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s.3 and 2nd Sch., for “transportation”.  \r\n \r\nPage 190 of 307 \r\n \r\nsureties, to appear and receive sentence when called upon during such period (not exceeding three \r\nyears) as the Court may direct, and in the meantime to keep the peace and be of good behaviour: \r\nProvided that, where any first offender is convicted by a Magistrate of the third class, or a \r\nMagistrate of the second class not specially empowered by the 1[Provincial Government] in this \r\nbehalf, and the Magistrate is of opinion that the powers conferred by this section should be exercised, \r\nhe shall record his opinion to that effect, and submit the proceedings to a Magistrate of the first class \r\n2[* * * ] forwarding the accused to, or taking bail for his appearance before, such Magistrate, who \r\nshall dispose of the case in manner provided by section 380. \r\n3.4[(1A) Conviction and release with admonition . In any case in which a person is \r\nconvicted of theft, theft in a building, dishonest misappropriation, cheating or any offence under the \r\nPakistan Penal Code (XLV of 1860) punishable with not more than two year's imprisonment and no \r\nprevious conviction is  proved   against him, the Court before whom he is so convicted may, if it \r\nthinks fit, having regard to  the  age, character, antecedents or physical or mental condition of the \r\noffender and to the trivial nature of the offence or any extenuating  circumstances under which \r\noffence was committed, instead of sentencing him to any punishment, release him after due \r\nadmonition.] \r\n(2) An order under this section may be made by any Appellate Court or by the High \r\nCourt when exercising its power of revision. \r\n(3) When an order has been made under this section in respect of any offender, the High \r\nCourt may, on appeal when there is a right of appeal to such Court, or when exercising its power s of \r\nrevision, set aside such order, and in lieu thereof pass sentence on such offender according to law: \r\nProvided that the High Court shall not under this sub­section inflict a greater punishment than \r\nmight have been inflicted by the Court which the offender was convicted. \r\n(4) The provisions of sections 122, 126A and 406A sh all, so far as may be, apply in the \r\ncase of sureties offered in pursuance of the provisions of this section.] \r\n3563. Provision in case of offender failing to observe conditions of his recognizance. __ (1) \r\nIf the Court which convicted the offender, or a Court  which could have dealt with the offender in \r\nrespect of his original offence, is satisfied that the offender has failed to observe any of the \r\nconditions of his recognizance, it may issue a warrant for his apprehension. \r\n(2) An offender, when apprehended on any such warrant, shall be brought forthwith \r\nbefore the Court issuing the warrant, and such Court may either remand him in custody until the case \r\nis heard or admit him to bail with a sufficient surety conditioned on his appearing for sentences. Such \r\nCourt may, after hearing the case, pass sentence \r\n3564. Conditions as to abode of offender. __ (1) The Court, before directing the release of an \r\noffender under section 562, 5[sub section (1)], shall be  satisfied that  the  offender or his surety (if \r\nany) has a  f ixed place of abode or regular occupation in  the place for which the Court acts or in  \r\nwhich the offender is likely  to live during the period named for the observance of the conditions. \r\n \r\n \r\n1Subs. by A.O., 1937, for “L.G.”. \r\n2The words “or Sub­divisional Magistrate” omitted by Ordinance No. XXVII of 1981, s.3 and 2nd Sch. \r\n3Ss.380, 562, 563 and 564 have been rep. by the Probation of Offenders Ordinance, 1960 (XLV of 1960), s.16, only in its application to__ \r\n(i) the Province of West Pakistan with effect from the 1st July, 1961; \r\nsee Gaz. Of P., 1961 Ext., p.957, and   \r\n4Sub­section (1A) ins. by the Code of Criminal Procedure (Second Amdt.) Act, 1923 (XXXVII of 1923), s. 4. \r\n5Ins. by the Repealing and Amending Act, 1924 (VII of 1924), s.2 and Sch.I. \r\n \r\n \r\nPage 191 of 307 \r\n \r\n(2) Nothing in this section or in sections 562 and 563 shall affect the provisions of section 31 \r\nof the Reformatory School Act, 1897 (VIII of 1897). \r\nPreviously convicted offenders \r\n1[565. Order for notifying address of previously convicted offender.__ (1)  When  any  person  \r\nhaving been convicted__ \r\n(a)  by a Court in 2[Pakistan] of an offence punishable under section 215, section \r\n489A, section 489B, section 489C, or section 489D of the Pakistan Penal Code, \r\n(XLV of 1860), or of any offence punishable under Chapter XII or Chapter XVII \r\nof that Code, with im prisonment of either description for a term of three years or \r\nupwards, or \r\n(b) 3[* * * * * * *] \r\nis again convicted of any offence punishable under any of those sections or Chapters with imprisonment \r\nfor  a  term of  three  years  or  upwards  by  a  High  C ourt,  Court  of  Sessions,  4[*  * ],  5[***] or \r\nMagistrate of the first class, such Court or Magistrate may, if it or he thinks fit, at the  time  of  passing \r\nsentence  of  5[*  *]  imprisonment  on  such  person,  also  order  that  his residence  and  any change of \r\nor absence from such residence after release be notified as hereinafter provided for a term not exceeding \r\nfive years from the date of the expiration of such sentence. \r\n(2) If such conviction is set aside on appeal or otherwise, such order shall become void. \r\n(3) The 6[Provincial Government] may make rules to carry out the provisions of this section \r\nrelating to the notification of residence or change of or absence from residence by released convicts. \r\n(4) An order under this section may also be made by an Appellate Court or by the High Court \r\nwhen exercising its powers of revision. \r\n (5) 7[* * * * * * *] \r\n8[(5)] Any person charged with a breach of any such rule may be tried by a  Magistrate of \r\ncompetent jurisdiction in the district in which the place last notified by him as his place of residence is \r\nsituated.] \r\nSCHEDULE I.__ [Enactments Repealed.] Rep. by the Repealing and Amending Act, 1914 (X of \r\n1914), s. 3 and Schedule II. \r\nSub­section (1) of section 10 of the Criminal Law Amendment Act, 1932, provides that the \r\nProvincial Government may, by notification in the official Gazette declare that any offence punishable \r\nunder section  186, 188, 189, 190, 228, 295A, 298, 505, 506 or 5 07 of the Pakistan Penal Code, when \r\ncommitted in  any  area specified in the notification shall, notwithstanding anything contained in the \r\nCode of Criminal Procedure, 1898, be cognizable, and thereupon the Code of Criminal Procedure, 1898, \r\nshall, while such notification remains in force, be deemed to be amended accordingly. Sub­section (2) of \r\nsection 10 ibid provides that the Provincial Government may, in like manner  and  subject to the like \r\nconditions, \r\n \r\n1Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s.158, for the Original, s. 565. \r\n2Subs. by the Central Laws (St atue Reform) Ordinance, 1960 (XXI  of 1960), s.3 and 2nd Sch. ( with effect from the 14th October, 1955 ), for “the \r\nProvinces and the Capital of the Federation”, Which had been subs. by A.O, 1949, Arts. 3(2) and 4, for “British India.” \r\n3Clause (b) omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII  of 1981), s. 3 and Second Sch. Which has previously \r\nbeen amended by various enactments. \r\n4The words “Presidency Magistrate” omitted by A.O, 1949, Sch. \r\n5Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n6Subs. by A.O., 1937, for “L.G.”. \r\n7Sub­section (5) omitted by the Criminal Law Amendment Act, 1939 (XXII of 1939), s. 3. \r\n8The original sub-section (6) was re-numbered as sub-section (5), ibid. \r\n \r\nPage 192 of 307 \r\n \r\nand with the like effect, declare that an offence punishable under section 188 or section 506 of the \r\nPakistan Penal Code shall be non­bailable. \r\nIn exercise of the pow ers conferred by section 10 ibid, vide notification No. Judl­I­3(1)/69, \r\ndated March 14, 1969, the Governor of West Pakistan has declared that any offence punishable \r\nunder sections 186, 188, 189, 190, 228, 295A, 298, 505, 506 or 507 of the Pakistan Penal Co de \r\ncommitted in any place in West Pakistan, shall be cognizable. By another notification of even \r\nnumber and date, the Governor of West Pakistan has declared that an offence punishable under \r\nsection 188 or section 506 of the Pakistan Penal Code, committed i n any place in West Pakistan, \r\nshall be non­bailable. [See Gaz. of w.p., Ext., 1969. 421]. \r\n1SCHEDULE–II \r\nTABULAR STATEMENT OF OFFENCES \r\nEXPLANATORY NOTE.__ The entries in the second and seventh columns of this schedule, \r\nheaded respectively “Offence” and “Punishment under the Pakistan Penal Code ”, are not intended as \r\ndefinitions of the offences and punishments described in the several corresponding sections of the \r\nPakistan Penal Code, or even as abstracts of those sections, but merely as references to the s ubject of \r\nthe section, the number of  which is given in the first column. \r\n2[* * * * * * *] \r\nCHAPTER V. __ABETMENT \r\n \r\n \r\n1 \r\n \r\n2 \r\n \r\n3 \r\n \r\n4 \r\n \r\n5 \r\n \r\n6 \r\n \r\n7 \r\n \r\n8 \r\nSection. Offence. Whether the \r\npolice may \r\narrest without \r\nwarrant or not. \r\nWhether a \r\nwarrant or a \r\nsummons shall \r\nordinarily issue \r\nin the first \r\ninstance. \r\nWhether \r\nbailable or not. \r\nWhether \r\ncompound­ \r\nable or not. \r\nPunishment \r\nunder the \r\nPakistan Penal \r\nCode. \r\nBy what \r\nCourt \r\ntriable. \r\n109 Abetment of  any \r\noffence, if the act  \r\nabetted is committed \r\nin consequence, and \r\nwhere no  express \r\nprovision is made  \r\nfor its punishment \r\nMay arrest \r\nwithout warrant \r\nif arrest for the \r\noffence abetted \r\nmay be made \r\nwithout warrant, \r\nbut not \r\notherwise. \r\nAccording \r\nas a  warrant or  \r\nsummons may \r\nissue for the \r\noffence abetted. \r\nAccording \r\nas the offence \r\nabetted is \r\nbailable or not. \r\nAccording \r\nas the \r\noffence \r\nabetted is \r\ncompound­ \r\nable or not. \r\nThe same \r\npunishment \r\nas for the \r\noffence \r\nabetted. \r\nThe \r\nCourt by \r\nwhich \r\nthe \r\noffence \r\nabetted \r\nis triable. \r\n \r\n1This Schedule has been amended in its application to the N.W.F.P. by N.W.F.P. Acts 10 1937 and 8 of 1938. \r\n2The second paragraph of the EXPLANTORY NOTE rep. by the Federal Laws (Revision and Declaration) Act, 1951 (XVI of 1951), s. 3 and Sch.II. \r\n \r\n \r\nPage 193 of 307 \r\n \r\n110 Abetment of any offence, if \r\nthe person abetted does the \r\nact with a differen t intention \r\nfrom that of the abettor. \r\nMay arrest \r\nwithout \r\nwarrant if \r\narrest for \r\nthe of­ \r\nfence \r\nabetted \r\nmay be \r\nmade \r\nwithout \r\nwarrant, \r\nbut not \r\notherwise. \r\nAccording \r\nas a \r\nwarrant or \r\nsummons \r\nmay issue \r\nfor the \r\noffence \r\nabetted. \r\nAccording \r\nas the \r\noffence \r\nabetted is \r\nbailable or \r\nnot. \r\nAccording \r\nas the \r\noffence \r\nabetted is \r\ncompound­ \r\nable or not. \r\nThe same \r\npunishment \r\nas for the \r\noffence \r\nabetted. \r\nDitto \r\n111 Abetment of any offence, \r\nwhen one act is  abetted and a \r\ndifferent act is done;  subject \r\nto the proviso. \r\nDitto .. Ditto .. Ditto .. Ditto .. The same \r\npunishment \r\nas for the \r\noffence \r\nintended to \r\nbe abetted. \r\nDitto. \r\n113 Abetment of any offence, \r\nwhen an effect is caused by \r\nthe act abetted different from \r\nthat intended by the abettor. \r\nDitto.. Ditto.. Ditto.. Ditto.. The same \r\npunishment \r\nas for the \r\noffence \r\ncommitted. \r\nDitto.. \r\n114 Abetment of any offence, if \r\nabettor is present when \r\noffence is committed. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto. \r\n115 Abetment of an offence, \r\npunishable with death or \r\n1[imprisonment for life], if the \r\noffence be not committed in \r\nconsequence of the abetment. \r\nDitto .. Ditto .. Not \r\nbailable. \r\nDitto .. Imprisonment \r\nof either \r\ndescription \r\nfor 7 years \r\nand fine. \r\nDitto. \r\n \r\n1Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974) , s. 2 and Sch. for “transportation for life” (w.e.f. 13­4­1972). \r\n \r\n \r\nPage 194 of 307 \r\n \r\n If an act which causes harm \r\nbe done in consequence of \r\nthe abetment. \r\nMay arrests \r\nwithout \r\nwarrant if \r\narrest for \r\nthe offence \r\nabetted may \r\nbe made \r\nwithout \r\nwarrant, but \r\nnot \r\notherwise. \r\nAccording \r\nas a warrant  \r\nor \r\nsummons \r\nmay issue \r\nfor the \r\noffence \r\nabetted. \r\nNot \r\nbailable. \r\nAccording as \r\nthe offence \r\nabetted is \r\ncompoundable \r\nor not. \r\nImprisonment \r\nof either \r\ndescription for \r\n14 years and  \r\nfine. \r\nThe \r\ncourt by \r\nwhich \r\nthe \r\noffence \r\nabetted \r\nis \r\ntriable. \r\n116 Abetment of an offence, \r\npunishable with \r\nimprisonment, if the \r\noffence be not committed in \r\nconsequence of the \r\nabetment. \r\nDitto .. Ditto .. According \r\nas the \r\noffence \r\nabetted is \r\nbailable \r\nor not. \r\nDitto .. Imprisonment \r\nextending to a \r\nquarter part of \r\nthe longest \r\nterm, and of \r\nany \r\ndescription, \r\nprovided for \r\nthe offence, or \r\nfine, or both. \r\nDitto. \r\n If the abettor or the person \r\nabetted be a public servant \r\nwhose duty it is to prevent the \r\noffence. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nextending to \r\nhalf of the \r\nlongest term, \r\nand of any \r\ndescription, \r\nprovided for \r\nthe offence, or \r\nfine, or both. \r\nDitto. \r\n117 Abetting the commission of an \r\noffence by the public, or by \r\nmore than ten persons. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n3 years, or \r\nfine, or both. \r\nDitto. \r\n118 Concealing a design to commit \r\nan offence punishable with \r\ndeath or 1[imprisonment for \r\nlife] if the offence be \r\ncommitted. \r\nDitto  .. Ditto  .. Not \r\nbailable. \r\nDitto  .. Imprisonment \r\nof either \r\ndescription for \r\n7 years and  \r\nfine. \r\nDitto. \r\n \r\n1Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch. for “transportation for life” (w.e.f 13­04­72). \r\n  \r\n \r\nPage 195 of 307 \r\n \r\n If the offence be not \r\ncommitted. \r\nDitto .. Ditto .. 1[Bailable] Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n3 years and  \r\nfine. \r\nDitto. \r\n119 A public servant \r\nconcealing a design to \r\ncommit an offence \r\nwhich it is his duty to \r\nprevent, if the offence \r\nbe committed. \r\nDitto .. Ditto .. According as \r\nthe offence \r\nabetted is \r\nbailable or \r\nnot. \r\nDitto .. Imprisonment \r\nextending to \r\nhalf of the \r\nlongest term, \r\nand of any \r\ndescription, \r\nprovided for the \r\noffence, or fine, \r\nor both. \r\nDitto. \r\n If the offence be \r\npunishable with death or \r\n2[imprisonment for life]. \r\nDitto .. Ditto .. Not Bailable Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n10 years. \r\nDitto. \r\n If the offence be not \r\ncommitted. \r\nDitto.. Ditto.. 1[Bailable] Ditto.. Imprisonment \r\nextending to a \r\nquarter part of \r\nthe longest \r\nterm, and of \r\nany description, \r\nprovided for \r\nthe offence, or \r\nfine, or both. \r\nDitto.. \r\n120 Concealing a design to \r\ncommit an offence \r\npunishable with \r\nimprisonment, if the \r\noffence be committed. \r\nDitto .. Ditto  .. 1[According \r\nas the offence \r\nconcealed is \r\nbailable or \r\nnot.] \r\nDitto .. Imprisonment \r\nextending to a \r\nquarter part of \r\nthe longest \r\nterm, and of \r\nany description, \r\nprovided for \r\nthe offence, or \r\nfine, or both. \r\nDitto. \r\n \r\n1Subs. by the Code of Criminal Procedure (Admt.) Act, 1923 (XVIII of 1923), s. 159, for the original entry. \r\n2Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch. for “transportation for life” (w.e.f 13­04­72). \r\n  \r\n \r\nPage 196 of 307 \r\n \r\n If the offence be not \r\ncommitted. \r\nDitto  .. Ditto  .. 1[Bailable] Ditto  .. Imprisonment \r\nextending to \r\none‑eighth \r\npart of the \r\nDitto. \r\n     \r\n     longest term,  \r\n     and of the  \r\n     description,  \r\n     provided for  \r\n     the offence,  \r\n     or fine, or  \r\n     both.  \r\n2[CHAPTER VA. CRIMINAL CONSPIRACY \r\n120B Criminal conspiracy to \r\ncommit an offence pun­ \r\nishable with death, 3[*] or \r\nrigorous imprisonment for \r\na term of two \r\nyears or upwards. \r\nMay arrest \r\nWithout \r\nwarrant if \r\narrest for \r\nthe offence \r\nwhich is the \r\nobject of the \r\nconspiracy \r\nmay be made \r\nwithout \r\nwarrant, \r\nbut not \r\notherwise. \r\nAccording \r\nas a warrant \r\nor \r\nsummons \r\nmay issue \r\nfor the \r\noffence \r\nwhich is \r\nthe object \r\nof the cons­ \r\npiracy. \r\nAccording \r\nas the offence \r\nwhich is the \r\nobject of the \r\nconspiracy \r\nis bailable or \r\nnot. \r\nNot com­ \r\npoundable. \r\nThe same \r\npunishment \r\nas that \r\nprovided for \r\nthe abetment \r\nof the offence \r\nwhich is the \r\nobject of the \r\nconspiracy. \r\nCourt of \r\nSession \r\nwhen the \r\noffence \r\nwhich is \r\nthe object \r\nof the \r\nconspiracy \r\nis triable \r\nexclusively \r\nby such \r\nCourt: in \r\nthe case of \r\nall other \r\noffences \r\nCourt of \r\nSession, \r\n4[**] or \r\nMagistrate \r\nof the first \r\nclass. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n Any other criminal \r\nconspiracy. \r\nShall not \r\narrest without \r\na warrant. \r\nSummons Bailable .. Ditto .. Imprisonment \r\nof either \r\ndescription \r\nfor six \r\nmonths or \r\nfine, or both. \r\n5[* * *] \r\nMagistrate \r\nof the first \r\nclass. \r\n \r\n \r\n1Subs. by the Code of Criminal Procedure (Admt.) Act, 1923 (XVIII of 1923), s. 159, for the original entry. \r\n2Ins. by Act No. VIII of 1913, s. 6 and Sch. \r\n3The word “transportation” omitted by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch. (w.e.f. 13­4­1972). \r\n4The words “Presidency Magistrate” omitted by A.O., 1949, Sch. \r\n5The words “Presidency Magistrate” and by implication the word “or” omitted ibid. \r\n  \r\n \r\nPage 197 of 307 \r\n \r\nCHAPTER VI. __OFFENCES AGAINST THE STATE \r\n121 Waging or attempting to \r\nwage war, or abetting the \r\nwaging of war, against \r\n1[Pakistan.] \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant Not \r\nbailable. \r\nNot \r\ncompoundable. \r\nDeath, or \r\n2[imprisonment \r\nfor life], and \r\n3[fine] \r\nCourt of \r\nSession. \r\n121A Conspiring to commit \r\ncertain offences against the \r\nState. \r\nDitto .. Ditto  .. Ditto    .. Ditto  .. 2[Imprisonment \r\nfor life] or any \r\nshorter term, or \r\nimprisonment of \r\neither description \r\nfor 10 years \r\n4[and fine]. \r\nDitto. \r\n122 Collecting arms, etc., with \r\nthe     intention of waging \r\nwar against 1[Pakistan.] \r\nDitto . Ditto  .. Ditto    .. Ditto  .. 2[Imprisonment \r\nfor life], or \r\nimprisonment of \r\neither \r\ndescription for \r\n10 years and \r\n3[fine]. \r\nDitto. \r\n123 Concealing with intent to \r\nfacilitate a design to wage \r\nwar. \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant .. Not \r\nbailable. \r\nNot \r\ncompoundable. \r\nImprisonment \r\nof either \r\ndescription for \r\n10 years, and \r\nfine. \r\nCourt of \r\nSession. \r\n5[123A Condemnation of the State \r\nand advocacy of abolition \r\nof its sovereignty. \r\nDitto .. Ditto .. Ditto .. Ditto  .. Rigorous \r\nimprisonment \r\nfor 10 years, \r\nand fine. \r\nDitto.] \r\n6[123B Defiling or unauthorisedly \r\nremoving the National Flag \r\nof Pakistan from \r\nGovernment building, etc. \r\nMay arrest \r\nwithout \r\nwarrant. \r\nDitto  .. Ditto   .. Ditto  .. Imprisonment of \r\neither description \r\nfor 8 years or \r\nfine, or both. \r\nMagistrate \r\nof first \r\nclass]. \r\n124 Assaulting 7[President], \r\nGovernor, etc., with intent \r\nto compel or restrain the \r\nexercise of any lawful \r\npower. \r\n8[Shall not \r\narrest \r\nwithout \r\nwarrant.] \r\nDitto  .. Ditto   .. Ditto    .. Imprisonment \r\nof either \r\ndescription for \r\n7 years, and \r\nfine. \r\nDitto. \r\n \r\n \r\n \r\n1Subs. by A.O., 1961, Art. 2 and Sch. for “the Queen”. (w.e.f. 23­3­1956). \r\n2Subs. by Act XXV of 1974, s. 2 and Sch. for “transportation for life” (w.e.f. 13­4­1972). \r\n3Subs. for “forfeiture of property” by Act No. XVIII of 1923, s. 159. \r\n4Ins. ibid. \r\n5This item was ins. by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), s. 4 and Sch. III. \r\n6Ins. by the Criminal Law (Second Amendment) Ordinance, 1984 (XLIII of 1984), s. 3. \r\n7Subs. by A.O., 1961, Art. 2, for “Governor General” (with effect from the 23rd March, 1956). \r\n8Subs. by Ordinance No. XLIII of 1984, s. 3. \r\n  \r\n \r\nPage 198 of 307 \r\n \r\n \r\n1Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s 2. and Sch., for “transportation for life” (w.e.f. 13­4­72). \r\n2Subs. by Ord. XII of 1972, s. 2 and Sch. \r\n3Subs. by A.O., 1961, Art. 2 and Sch. for “the Queen”. (w.e.f. 23­3­1956). \r\n4The words “Court of Session, or” omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n5Subs. by Repealing and Amending Act, 1927 (X of 1927), s. 2 and Sch., I, for “or sailor.”. \r\n124A Sedition \r\n.. \r\nDitto.. Ditto.. Ditto.. Ditto.. 1[Imprisonment for \r\nlife] or for any term \r\nand fine, or \r\nimprisonment of \r\neither description for \r\n3 years and fine, or  \r\nfine. \r\n2[Court of Session  or \r\nMagistrate of the first class \r\nspecially empowered by the \r\nProvincial Government  in \r\nthat behalf on the \r\nrecommendation of the High \r\nCourt.] \r\n125 Waging war against \r\nany Asiatic Power in \r\nalliance or at peace \r\nwith 3[Pakistan], or \r\nabetting the waging \r\nof such \r\nwar. \r\nDitto .. Ditto .. Ditto .. Ditto .. 1[Imprisonment for \r\nlife] and fine, or \r\nimprisonment of \r\neither description for \r\n7 years and fine, or \r\nfine. \r\nCourt of Session \r\n126 Committing \r\ndepredation on the \r\nterritories of any \r\nPower in  alliance  or at \r\npeace with 3[Pakistan]. \r\nDitto ..  Ditto..   Ditto .. Ditto .. Imprisonment of \r\neither  description \r\nfor 7 years and fine, \r\nand forfeiture of \r\ncertain property. \r\nDitto .. \r\n127 Receiving property \r\ntaken by war or \r\ndepredation mentioned \r\nin sections 125 and \r\n126. \r\nDitto..   Ditto ..  Ditto .. Ditto .. Ditto .. Ditto .. \r\n128 Public servant \r\nvoluntarily allowing \r\nprisoner of State or \r\nwar in his custody to \r\nescape. \r\nDitto  ..  Ditto ..  Ditto .. Ditto .. 1[Imprisonment for \r\nlife] or \r\nimprisonment of \r\neither description \r\nfor 10 years, and \r\nfine. \r\nDitto .. \r\n129 Public servant \r\nnegligently suffering \r\nprisoner of State or \r\nwar in his custody to \r\nescape. \r\nDitto ..  Ditto ..  Bailable Ditto .. Simple imprisonment \r\nfor 3 years and fine. \r\n 4[* * *] Magistrate of the \r\nfirst class. \r\n130 Aiding escape of, \r\nrescuing or har­ \r\nbouring, such \r\nprisoner, or offering \r\nany resistance to the \r\nrecapture of such \r\nprisoner. \r\nShall not \r\narrest \r\nwithout \r\nwarrent .. \r\nwarrent .. Not \r\nbailable. \r\nNot \r\ncompound\r\n-able. \r\n1[Imprisonment for \r\nlife] or imprisonment \r\nof either description \r\nfor 10 years, and fine. \r\nCourt of Session. \r\nCHAPTER VII.__ OFFENCES RELATING TO THE ARMY AND NAVY \r\n131 Abetting mutiny, or \r\nattempting to seduce \r\nan officer, soldier, \r\n5[sailor or airman,] \r\nfrom his allegiance or \r\nduty. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant Not \r\nbailable. \r\nNot com­ \r\npoundable. \r\n1[Imprisonment for \r\nlife], or \r\nimprisonment of \r\neither description \r\nfor 10 years, and \r\nfine. \r\nCourt of Session. \r\n \r\nPage 199 of 307 \r\n \r\n132 Abetment of \r\nmutiny, if mutiny is \r\ncommitted in \r\nconsequence \r\nthereof. \r\nDitto.. Ditto.. Ditto.. Ditto... Death, or \r\n1\r\n[imprisonment \r\nfor life] or imprisonment of \r\neither description for 10 \r\nyears, and fine. \r\nCourt of Session. \r\n133 Abetment of an \r\nassault by an officer, \r\nsoldier, \r\n2\r\n[Sailor or \r\nairman] on his \r\nsuperior officer, when \r\nin the execution of his \r\noffice. \r\nDitto.. Ditto .. Ditto .. Ditto .. Imprisonment of either \r\ndescription for 3 years,  and \r\nfine. \r\n3\r\n[* * *] Magistrate \r\nof first class. \r\n134 Abetment of such \r\nassault, if the assault is \r\ncommitted. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of either \r\ndescription for 7 years, \r\nand fine. \r\nCourt of Session. \r\n135 Abetment of the \r\ndesertion of an officer, \r\nsoldier,2[sailor or \r\nairman]. \r\nDitto .. Ditto .. Bailable Ditto .. Imprisonment of either \r\ndescription for 2 years, or \r\nfine, or both. \r\n4\r\n[* * *] Magistrate \r\nof the first or second \r\nclass. \r\n136 Harbouring such an \r\nofficer, soldier 2[sailor \r\nor airman who has \r\ndeserted. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto . \r\n137 Deserter concealed \r\non board \r\nmerchant‑ vessel, \r\nthrough negligence \r\nof master or person \r\nin charge thereof. \r\nShall not \r\narrest \r\nwith out \r\nwarrant. \r\nSummons Ditto .. Ditto .. Fine of  \r\n5\r\n[1500] rupees Ditto . \r\n138 Abetment of act of \r\ninsubordination by an \r\nofficer, soldier, \r\n2\r\n[sailor \r\nor airman] if the \r\noffence be committed \r\nin consequence. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nwarrant Ditto .. Ditto .. Imprisonment of either \r\ndescription for 6 months, or \r\nfine, or both. \r\nDitto . \r\n140 Wearing the dress or \r\ncarrying any token \r\nused by a soldier, \r\n2\r\n[sailor or airman] \r\nwith intent that it may \r\nbe believed that he is \r\nsuch a soldier, \r\n2\r\n[sailor \r\nor airman]. \r\nDitto .. Summons Ditto .. Ditto .. Imprisonment of either \r\ndescription for 3 \r\nmonths, or fine of \r\n5\r\n[1500] rupees, or both. \r\nAny Magistrate. \r\n \r\n1Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch. for “transportation for life” (w.e.f. 13­4­1972). \r\n2Subs. by Repealing and Amending Act, 1927 (X of 1927), s. 2 and Sch., I, for “or sailor.” \r\n3The words “Court of Session, or” omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch.  \r\n4The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, Sch. \r\n5Subs. by Ordinance No.  LXXXVI of 2002, s. 3 and Sch. II. \r\n  \r\n \r\nPage 200 of 307 \r\n \r\nCHAPTER VIII.— OFFENCES AGAINST THE PUBLIC TRANQUILLITY \r\n143 Being member of \r\nan unlawful as­ \r\nsembly. \r\nMay arrest without \r\nwarrant. \r\nSummons .. Bailable .. Not \r\ncompoundable. \r\nImprisonment \r\nof either \r\ndescription for \r\n6 months, or \r\nfine, or both. \r\n1[Any \r\nJudicial \r\nMagistrate.] \r\n144 Joining an un­ \r\nlawful assembly \r\narmed with any \r\ndeadly weapon. \r\nDitto .. Warrant Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n2 years, or \r\nfine, or both. \r\nDitto .. \r\n145 Joining or \r\ncontinuing in an \r\nunlawful \r\nassembly, \r\nknowing that  it \r\nhas been \r\ncommanded to \r\ndisperse. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto .. \r\n1\r\n[147 Rioting Ditto .. Ditto .. Ditto .. According as \r\nthe offence is \r\ncommitted with \r\nanother \r\ncompoundable \r\noffence or not. \r\nDitto .. Ditto .. \r\n148 Rioting armed \r\nwith deadly \r\nweapon. \r\nDitto .. Ditto .. Ditto .. Ditto .. Impriosment \r\nof either \r\ndesription for \r\n3 years, or \r\nfine or both. \r\nMagistrate \r\nof the first \r\nclass.] \r\n149 If an offence be \r\ncommitted by any \r\nmember of an \r\nunlawful assembly, \r\nevery other \r\nmember of such \r\nassembly shall be \r\nguilty of the \r\noffence. \r\nAccording as arrest \r\nmay be made \r\nwithout warrant for \r\nthe offence or not. \r\nAccording \r\nas a warrant \r\nor \r\nsummons \r\nmay issue \r\nfor the \r\noffence \r\nAccording \r\nas the \r\noffence is \r\nbailable or \r\nnot. \r\nDitto .. The same as \r\nfor the \r\noffence. \r\nThe Court \r\nby which \r\nthe offence \r\nis triable. \r\n150 Hiring, engaging \r\nor employing \r\npersons to take \r\npart in an \r\nunlawful \r\nassembly. \r\nMay arrest without \r\nwarrant. \r\nAccording to \r\nthe offence \r\ncommitted \r\nby the \r\nperson hired, \r\nengaged or \r\nemployed \r\nDitto .. Ditto .. The same as \r\nfor a member \r\nof such \r\nassembly, and \r\nfor any \r\noffence com­ \r\nmitted by any \r\nmember of \r\nsuch assembly \r\nDitto .. \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. Item 210 (vii) (a). \r\n2Subs. by Act No. VI of 04, s. 3. \r\n \r\n \r\nPage 201 of 307 \r\n \r\n \r\n151 Knowingly joining \r\nor continuing in any \r\nassembly of five or \r\nmore persons after \r\nit has been \r\ncommanded to \r\ndisperse. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nSummons Bailable Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n6 months, or \r\nfine, or both. \r\n1[Any \r\nJudicial \r\nMagistrate]. \r\n152 Assaulting or \r\nobstructing public \r\nservant when \r\nsuppressing riot, \r\netc. \r\nDitto .. Warrant Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n3  years, or \r\nfine, or both. \r\n2[* * *] \r\nMagistrate \r\nof the first \r\nclass. \r\n153 Wantonly giving \r\nprovocation with \r\nintent to cause \r\nriot, if rioting be \r\ncommitted. \r\nMay \r\narrest \r\nwithout \r\nwarrant \r\nWarrrant Bailable Not \r\ncompoundab\r\nle. \r\nImprisonment \r\nof either \r\ndescription for \r\n1 year, or fine, \r\nor both. \r\n[Any \r\nJudicial \r\nMagistrate]\r\n. \r\n If not committed Ditto .. Summons .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n6 months, or \r\nfine, or both. \r\nDitto .. \r\n153A 3\r\n[Promoting \r\nenmity between \r\ngroups]. \r\n4\r\n[May \r\narrest \r\nwithout \r\nwarrant]. \r\nWarrant Not \r\nbailable. \r\nDitto .. 5\r\n[Imprisonment \r\nof either \r\ndescription for \r\n5 years, or \r\nfine] \r\n6\r\n[* * *] \r\nMagistrate \r\nof the first \r\nclass. \r\n154 Owner or occupier \r\nof land not giving \r\ninformation of riot, \r\netc. \r\n7\r\n[Shall \r\nnot arrest \r\nwithout \r\nwarrant]. \r\nSummons Bailable Ditto .. Fine of  \r\n8\r\n[3,000] \r\nrupees. \r\n6\r\n[* * *] \r\nMagistrate \r\nof the first \r\nor second \r\nclass. \r\n \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972(XII of 1973), s.2 and Sch., item 210(vii)(a). \r\n2The words “Court of Session, or” omitted by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch.  \r\n3Subs. by the Criminal Law (Amdt.) Act, 1973 (6 of 1973), s. 3, for “Promoting enmity between classes” (w.e.f. 31­1­73). \r\n4Subs. ibid., for “Shall not arrest without warrant”. \r\n5Subs. ibid., for “Imprisonment of either description for 2 years, or fine, or both”. \r\n6The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, Sch. \r\n7Subs. by Act VI of 1973, s. 3, for “Ditto” (w.e.f. 31­1­73). \r\n8Subs. by ord. LXXXVI of 02, sec. 3 (Sch. II). \r\n  \r\n \r\nPage 202 of 307 \r\n \r\n155 Person for whose \r\nbenefit or on whose \r\nbehalf a riot takes \r\nplace not using all \r\nlawful means to \r\nprevent it. \r\n1\r\n[Shall not \r\narrest \r\nwithout \r\nwarrant] \r\nSummons Bailable Not \r\ncompoundable. \r\nFine 2\r\n[* * *] \r\nMagistrate \r\nof first \r\nclass or \r\nsecond \r\nclass. \r\n156 Agent of owner or \r\noccupier for whose \r\nbenefit a riot is \r\ncommitted not using \r\nall lawful means to \r\nprevent it. \r\nDitto .. Ditto .\r\n. \r\nDitto .\r\n. \r\nDitto .. Ditto .. Ditto .. \r\n157 Harbouring persons \r\nhired for an unlawful \r\nassembly. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nDitto .\r\n. \r\nDitto .\r\n. \r\nDitto .. Imprisonment of \r\neither description \r\nfor 6 months, or \r\nfine, or both. \r\nDitto .. \r\n158 \r\n \r\n \r\n \r\n \r\n3[*] \r\nBeing hired to take \r\npart in an unlawful \r\nassembly or riot. \r\n \r\n \r\nOr to go armed. \r\nDitto .. \r\n \r\n \r\n \r\n \r\nDitto .. \r\nDitto \r\n \r\n \r\n \r\n \r\nWarrant \r\n.\r\n. \r\nDitto \r\n \r\n \r\n \r\n \r\nDitto \r\n.\r\n. \r\nDitto \r\n \r\n \r\n \r\n \r\nDitto \r\n.. \r\n \r\n \r\n \r\n \r\n.. \r\nDitto .. \r\n \r\n \r\n \r\nImprisonment of \r\neither description \r\nfor 2  years, or \r\nfine, or both. \r\nDitto .. \r\n \r\n \r\n \r\n \r\nDitto .. \r\n.\r\n. \r\n.\r\n. \r\n160 Committing affray. Shall not \r\narrest \r\nwithout \r\nwarrant. \r\nSummons Ditto .\r\n. \r\nDitto .. Imprisonment of \r\neither description \r\nfor one month, or \r\nfine of \r\n4\r\n[300] \r\nrupees, or both. \r\n5[Any Judicial \r\nMagistrate]. \r\n \r\n \r\n \r\n \r\n1Subs.by Act VI of 1973, s. 3, for “Ditto” (w.e.f. 31­1­73). \r\n2The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, Sch. \r\n3The figures “159”rep. by the Repealing and amending Act, 1925 (XXXVII of 1925), s. 3 and Sch. II. \r\n4Subs. by Ord. LXXXVI of 02, s. 3 (Sch. II). \r\n5 Subs. by the Law Reforms Ordinance, 1972(XII of 1973), s.2 and Sch., item 210(vii)(a). \r\n \r\n \r\n \r\n \r\nPage 203 of 307 \r\n \r\nCHAPTFR IX. __OFFENCES BY OR RELATING TO PUBLIC SERVANTS  \r\n161 Being or expecting to be \r\na public servant, and \r\ntaking a gratification \r\nother than legal \r\nremuneration in respect \r\nof an official \r\nact. \r\nShall not arrest \r\nwithout warrant. \r\nSummons.. Bailable .. Not \r\ncompound\r\n-able. \r\nImprisonment of \r\neither description \r\nfor 3 years,  or  \r\nfine, or both. \r\n1\r\n[* * *] \r\nMagistrate \r\nof the first \r\nclass. \r\n162 Taking a gratification in \r\norder by corrupt or \r\nillegal means to influence \r\na public servant. \r\nShall not arrest \r\nwithout warrant. \r\nSummons \r\n.. \r\nBailable .. Not \r\ncompound\r\n-able. \r\nImprisonment of \r\neither description \r\nfor 3 years, or \r\nfine, or both. \r\n1\r\n[* *  *] \r\nMagistrate \r\nof the first \r\nclass \r\n163 Taking a gratification for \r\nthe exercise of personal \r\ninfluence with a public \r\nservant. \r\nDitto .. Ditto .. Ditto .. Ditto .. Simple \r\nimprisonment \r\nfor1 year, or \r\nfine, or both. \r\n2\r\n[* * * ] \r\nMagistrate \r\nof the first \r\nclass. \r\n164 Abetment by public \r\nservant of the offences \r\ndefined in the last two \r\npreceding clauses with \r\nreference to himself. \r\nDitto .. Ditto .. Ditto.. Ditto .. Imprisonment of \r\neither description \r\nfor 3 years, or \r\nfine, or both. \r\n1\r\n[* * * ] \r\nMagistrate \r\nof the first \r\nclass \r\n165 Public servant \r\nobtaining any valuable \r\nthing, without consi­ \r\nderation, from a \r\nperson concerned in \r\nany proceeding or \r\nbusiness transacted by \r\nsuch public servant. \r\nDitto .. Ditto .. Ditto .. Ditto .. 3\r\n[Ditto] \r\n4\r\n[Ditto] \r\n5\r\n[165A Abetment of offences \r\nunder sections 161 and \r\n165. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto ..] \r\n166 Public servant \r\ndisobeying a direction of \r\nthe law with intent to \r\ncause injury to any \r\nperson. \r\nDitto .. Ditto .. Ditto .. Ditto .. Simple \r\nimprisonment for \r\n1 year, or fine, \r\nor both. \r\nDitto .. \r\n \r\n1The words “Court of Session, or” omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch.  \r\n2The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, sch. \r\n3Subs. by the Criminal Law Amendment Act, 1953 (XXXVII of 1953), s. 3 (i) for “Simple imprisonment for 2 years, or fine or both”. \r\n4Subs. ibid., for “* * * Magistrate of the first and second class”. The asterisks denote the omission of “Presidency Magistrate” and by implication the \r\nword “or” by A.O., 1949, Sch. \r\n5Item 165A, ins. by Act 37 of 1953, s. 3(ii). \r\n  \r\n \r\nPage 204 of 307 \r\n \r\n1\r\n[166(2) Public servant fails to carry \r\nout the investigation properly \r\nor diligently or fails to pursue \r\nthe case, and in breach of his \r\nduties. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither description \r\nfor three years, \r\nor fine, or both. \r\nDitto] \r\n167 Public servant framing an \r\nincorrect document with intent \r\nto cause injury. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither description \r\nfor 3 years, or \r\nfine, or both. \r\n2\r\n[* * *] \r\nMagistrate of \r\nthe first class. \r\n168 Public servant unlawfully \r\nengaging in trade. \r\nDitto .. Ditto .. Ditto .. Ditto .. Simple \r\nimprisonment \r\nfor 1 year, or \r\nfine, or both. \r\n3\r\n[* * *] \r\nMagistrate of \r\nthe first class. \r\n169 Public servant unlawfully \r\nbuying or bidding for \r\nproperty. \r\nDitto .. Ditto .. Ditto .. Ditto .. Simple \r\nimprisonment \r\nfor 2 years or \r\nfine, or \r\nboth, and \r\nconfiscation of \r\nproperty, if \r\npurchased. \r\n3\r\n[* * *] \r\nMagistrate of \r\nthe first class. \r\n170 Personating a public servant. May arrest \r\nwithout \r\nwarrant. \r\nWarrant .. Ditto .. Ditto .. Imprisonment of \r\neither description \r\nfor 2 years, or \r\nfine, or both. \r\n4[Any Judicial \r\nMagistrate]. \r\n171 Wearing garb or carrying token \r\nused by public servant with \r\nfraudulent intent. \r\nDitto .. Summons .. Ditto .. Ditto .. Imprisonment of \r\neither description   \r\nfor 3 months, or \r\nfine of \r\n5\r\n[600] \r\nrupees, or both. \r\nDitto.. \r\n6\r\n[CHAPTER IXA. __OFFENCES RELATING TO ELECTIONS \r\n171E Bribery Shall not \r\narrest \r\nwithout \r\nwarrant. \r\nSummons .. Bailable .. Not \r\ncompou\r\nnd-able. \r\nImprisonment of \r\neither description \r\nfor one year, or \r\nfine, or both or if \r\ntreating only, fine \r\nonly. \r\n3\r\n[* * *] \r\nMagistrate of \r\nthe first class. \r\n \r\n \r\n1Ins. by Act XLIV of 2016, s. 15. \r\n2The words “Court of Session, or” omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch.  \r\n3The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, sch. \r\n4 Subs. by the Law Reforms Ordinance, 1972(XII of 1973), s.2 and Sch., item 210(vii)(a). \r\n5Subs. by Ord. LXXXVI of 2002, section­3 (Sch­II). \r\n6Ins. by the Indian Election Offences and Inquiries Act, 1920 (39 of 1920), s. 3. \r\n  \r\n \r\nPage 205 of 307 \r\n \r\n1\r\n171F Undue influence and \r\npersonation at an \r\nelection. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither \r\ndescription for \r\none year, or \r\nfine, or both. \r\nDitto .. \r\n171G False statement in \r\nconnection with an \r\nelection. \r\nDitto .. Ditto .. Ditto .. Ditto \r\n.. \r\nFine .. .. Ditto .. \r\n171H Illegal payments in \r\nconnection with \r\nelections. \r\nDitto .. Ditto .. Ditto .. Ditto .. Fine of \r\n2\r\n[1500] rupees \r\nDitto .. \r\n171I Failure to keep \r\nelection accounts. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto ..] \r\n3\r\n[171J Inducing and person \r\nnot to participate in \r\nany election or \r\nreferendum, etc \r\nMay arrest \r\nwithout \r\nwarrant. \r\nWarrant\r\n. \r\nNot \r\nbailable. \r\n Ditto .. Imprisonment of \r\neither \r\ndescription for \r\nthree years, or \r\nfine of five lac \r\nrupees, or both. \r\nCourt of \r\nSession or \r\nMagistrate \r\nof first \r\nclass.] \r\nCHAPTER X. __CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS  \r\n172 Absconding to avoid \r\nservice of summons \r\nor other proceeding \r\nfrom a public \r\nservant. \r\nShall not \r\narrest without \r\nwarrant. \r\nSummons \r\n.. \r\nBailable Not \r\ncompound\r\n-able. \r\nSimple \r\nimprisonment \r\nfor 1 month, or \r\nfine of  \r\n2\r\n[1500] \r\nrupees, or both. \r\n4[Any \r\nJudicial \r\nMagistrate\r\n]. \r\n If summons or \r\nnotice require \r\nattendance in \r\nperson, etc., in a \r\nCourt of Justice. \r\nDitto .. Ditto .. Ditto .. Ditto .. Simple \r\nimprisonment \r\nfor 6 months, or \r\nfine of  \r\n2\r\n[3,000] \r\nrupees, or both. \r\nDitto .. \r\n \r\n \r\n \r\n \r\n \r\n \r\n1This item has been amended in its application to the N.W.F.P. by the Criminal Procedure (Election Offences) (N.W.F.P. Amdt.) Act, 1938 (N.W.F.P. \r\nAct 8 of 1938). \r\n2Subs. by Ord. LXXXVI of 2002, section 3 (Sch. II). \r\n3Ins. by Criminal Law (Third Amendment) Ordinance, 1984 (54 of 1984), s. 3. \r\n4Subs. by the Law Reforms Ordinance, 1972(XII of 1973), s.2 and Sch., item 210(vii)(a).  \r\n \r\nPage 206 of 307 \r\n \r\n173 Preventing the service or the \r\naffixing of any summons or \r\nnotice, or the removal of it when \r\nit has been affixed, or pre­ \r\nventing a proclamation. \r\nDitto .. Ditto .. Ditto .. Ditto .. Simple \r\nimprisonment for 1 \r\nmonth, or fine of \r\n1[1500] rupees, or \r\nboth. \r\n2[* * *] \r\nMagistrate of \r\nthe first or \r\nsecond class. \r\n If summons,  etc., require \r\nattendance in person, etc., in a \r\nCourt of Justice.  \r\nDitto .. Ditto .. Ditto .. Ditto .. Simple imprisonment \r\nfor 6 months,  or fine \r\nof \r\n1[3,000] rupees, or \r\nboth. \r\nDitto .. \r\n174 Not obeying a legal order  to \r\nattend at a certain place in \r\nperson or by agent, or \r\ndeparting therefrom without \r\nauthority. \r\nDitto .. Ditto .. Ditto .. Ditto .. Simple \r\nimprisonment for 1 \r\nmonth, or fine of \r\n1[1500] rupees, or \r\nboth. \r\n3[Any \r\nJudicial \r\nMagistrate]. \r\n If the order require personal \r\nattendance, etc., in a Court of \r\nJustice. \r\nDitto .. Ditto .. Ditto .. Ditto .. Simple \r\nimprisonment for 6 \r\nmonths, or fine of \r\n1[3,000] rupees, or \r\nboth. \r\nDitto \r\n 4[If it be proclamation issued \r\nunder section 87 of this Code. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment for \r\nthree years. \r\nDitto.] \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by Ord. LXXXVI of 2002, section 3 (Sch. II). \r\n2The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, sch. \r\n3Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., Item 210(vii)(a). \r\n4Ins. ibid.,item 210(i). \r\n  \r\n \r\nPage 207 of 307 \r\n \r\n175 Intentionally \r\nomitting to \r\nproduce a \r\ndocument to a \r\npublic servant by a \r\nperson legally \r\nbound to produce \r\nor deliver such \r\ndocument. \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nSummons Bailable Not \r\ncompound\r\nable. \r\nSimple imprison-\r\nment for 1 month, \r\nor fine of 1[1500] \r\nrupees, or both. \r\nThe Court in \r\nwhich the \r\noffence is \r\ncommitted, \r\nsubject to the \r\nprovisions f \r\nChapter \r\nXXXV; or, if \r\nnot committed \r\nin a Court, a \r\n2[* * *] \r\nMagistrate of \r\nthe first or \r\nsecond class. \r\n \r\n If the document \r\nis required to be \r\nproduced in or \r\ndelivered to a \r\nCourt of Justice. \r\nDitto .. Ditto .. Ditto .. Ditto .. Simple \r\nimprisonment \r\nfor 6 months, \r\nor fine of \r\n1[3,000] \r\nrupees, or \r\nboth. \r\nDitto .. \r\n176 Intentionally \r\nomitting to give \r\nnotice or \r\ninformation to a \r\npublic servant by a \r\nperson legally \r\nbound to give such \r\nnotice or \r\ninformation. \r\nDitto .. Ditto .. Ditto .. Ditto .. Simple \r\nimprisonment for \r\n1 month, or fine \r\nof 1[1500] \r\nrupees, or both. \r\n2[* * *] \r\nMagistrate of \r\nthe first or \r\nsecond class. \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by Ord. No. LXXXVI of 2002, section 3 (Sch. II). \r\n2The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, sch. \r\n  \r\n \r\nPage 208 of 307 \r\n \r\n If the notice or \r\ninformation \r\nrequired respects \r\nthe commission \r\nof an offence, etc. \r\nDitto .. Ditto .. Ditto .. Ditto .. Simple imprisonment for 6 \r\nmonths, or fine of 1[3,000] \r\nrupees, or both. \r\n2[* * *] \r\nMagistrate of the \r\nfirst or second \r\nclass. \r\n 3[If the notice or \r\ninformation is \r\nrequired by an \r\norder passed \r\nunder subsection \r\n(1) of section 565 \r\nof this Code. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of either \r\ndescription for 6 months, \r\nor fine of 1[3,000] rupees, \r\nor both. \r\nDitto ..] \r\n177 Knowingly \r\nfurnishing false \r\ninformation to a \r\npublic servant. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto .. \r\n If the information \r\nrequired respects \r\nthe commission \r\nof an offence, etc. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of either \r\ndescription for 2 years, or \r\nfine, or both. \r\nDitto .. \r\n178 Refusing oath \r\nwhen duly \r\nrequired to take \r\noath by a public \r\nservant. \r\nDitto .. Ditto .. Ditto \r\n.. \r\nDitto .. Simple imprisonment for 6 \r\nmonths, or fine of 1[3,000] \r\nrupees, or both. \r\nThe Court in \r\nwhich the offence \r\nis committed, \r\nsubject to the \r\nprovisions of \r\nChapter XXXV; \r\nor, if not \r\ncommitted in a \r\nCourt, a  2[* * * ] \r\nMagistrate of the \r\nfirst o r second \r\nclass. \r\n179 Being legally \r\nbound to state \r\ntruth, and refusing \r\nto answer \r\nquestions. \r\nDitto .. Ditto .. Ditto \r\n.. \r\nDitto .. Ditto .. The Court in \r\nwhich the offence \r\nis committed, \r\nsubject to the \r\nprovisions of \r\nChapter XXXV; \r\nor, if not \r\ncommitted in a \r\nCourt, a 2[* * *] \r\nMagistrate of the \r\nfirst or second \r\nclass. \r\n \r\n \r\n1Subs. by Ord. LXXXVI of 2002, section 3 (Sch. II). \r\n2The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, sch. \r\n3Ins. by the Criminal Law (Amdt.) Act, 1939 (XXII of 1939), s. 4. \r\n \r\nPage 209 of 307 \r\n \r\n180 Refusing to \r\nsign a statement \r\nmade to a public \r\nservant when \r\nlegally required to \r\ndo so. \r\nShall \r\nnot \r\narrest \r\nwithout \r\nwarrant \r\nSummons \r\n.. \r\nBailable \r\n.. \r\nNot \r\nCompound-\r\nable. \r\nSimple \r\nImprisonment for 3 \r\nmonths, or fine of \r\n1[1500] rupees, or \r\nboth. \r\nThe Court in which the \r\noffence is committed, \r\nsubject to the provisions of \r\nChapter XXXV; or, if \r\nnot committed in a Court, a \r\n2\r\n[* * *] Magistrate of the \r\nfirst or second class. \r\n181 Knowingly stating \r\nto a public servant \r\non oath as true that \r\nwhich is false. \r\nDitto .. Warrant \r\n.. \r\nDitto .. Ditto .. Imprisonment of \r\neither description \r\nfor 3 years, and \r\nfine. \r\n2\r\n[* * *] Magistrate of the \r\nfirst class or second class. \r\n182 Giving false \r\ninformation to a \r\npublic servant in \r\norder to cause him \r\nto use his lawful \r\npower to the injury \r\nor annoyance of any \r\nperson. \r\nDitto .. Summons \r\n.. \r\nDitto .. Ditto .. \r\n3[extend to__ \r\n(a) seven years in \r\ncase the offence in \r\nwhich false \r\ninformation is given \r\nis punishable with \r\ndeath;. \r\n(b) five years in case \r\nthe offence in which \r\nfalse information is \r\ngiven is punishable \r\nwith imprisonment \r\nfor life; or \r\n(c) one­fourth of the \r\nlongest term of \r\nimprisonment or with \r\nfine as it provided for \r\nthe offence in which \r\nfalse information is \r\ngiven and such \r\noffence is not \r\ncovered under clause \r\n(a) or clause (b).] \r\n \r\n \r\n \r\nCourt of Sessions \r\n \r\n \r\n \r\n \r\nCourt of Sessions \r\n \r\n \r\n \r\n \r\nMagistrate of the first class] \r\n      \r\n       \r\n183 Resistance to the \r\ntaking of property \r\nby the lawful \r\nauthority of a \r\npublic servant. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither description for \r\n6 months, or fine of \r\n1\r\n[3,000] \r\nrupees, or both. \r\n2[* * *] Magistrate of the \r\nfirst or second class. \r\n184 Obstructing sale of \r\nproperty offered for \r\nsale by authority of \r\na public servant. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither description for \r\n1 month, or fine of \r\n1[1500] rupees, or \r\nboth. \r\nDitto .. \r\n \r\n1Subs. by Ord. No. LXXXVI of 2002, section 3 (Sch. II). \r\n2The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, sch. \r\n3Subs. by Act No. IV of 2017, s.4 (1). \r\n \r\n \r\nPage 210 of 307 \r\n \r\n185 Bidding, by a person \r\nunder a legal in \r\ncapacity to purchase it, \r\nfor property at a \r\nlawfully authorized \r\nsale, or bidding without \r\nintending to perform \r\nthe obligations incurred \r\nthereby. \r\nDitto  .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither description \r\nfor 1 month, or \r\nfine of \r\n1\r\n[600] \r\nrupees, or both. \r\nDitto. \r\n186 Obstructing public \r\nservant in discharge of \r\nhis public functions. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither description \r\nfor \r\n3\r\n[one year], or \r\nfine of \r\n3\r\n[50,000] \r\nrupees, or both. \r\nDitto .. \r\n3\r\n[186(2) Public servant fails to \r\ncarry out the \r\ninvestigation properly \r\netc; \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither description \r\nfor three years, or \r\nfine, or both. \r\nDitto] \r\n187 Omission to assist \r\npublic servant when \r\nbound by law to give \r\nsuch assistance. \r\nDitto .. Ditto .. Ditto .. Ditto .. Simple \r\nimprisonment for \r\n1 month, or fine \r\nof \r\n1\r\n[600] \r\nrupees, or both. \r\nDitto .. \r\n Wilfully neglecting to aid \r\na public servant who \r\ndemands aid in the \r\nexecution of process, \r\nthe prevention \r\nof offences, etc. \r\nDitto .. Ditto .. Ditto .. Ditto \r\n.. \r\nSimple \r\nimprisonment for \r\n6 months, or fine \r\nof \r\n1\r\n[1500] \r\nrupees, or both. \r\nDitto .. \r\n \r\n \r\n1Subs. by Ord. No. LXXVI of 2002, s.3 (Sch-II). \r\n2The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, sch. \r\n3Subs, Ins. by Act No. XLIV of 2016, s.15. \r\n  \r\n \r\nPage 211 of 307 \r\n \r\n188 Disobedience to an \r\norder law fully \r\npromulgated by a \r\npublic servant, if \r\nsuch disobedience \r\ncauses obstruction, \r\nannoyance or injury \r\nto persons lawfully \r\nemployed. \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nSummons .. Bailable .. Not \r\ncompound\r\n-able. \r\nSimple \r\nimprisonment \r\nfor 1 month, \r\nor fine of \r\n1[600] rupees, \r\nor both. \r\n2[* * *] \r\nMagistrate \r\nof the first \r\nor second \r\nclass. \r\n If such disobedience \r\ncauses danger to \r\nhuman life, health or \r\nsafety, etc. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription \r\nfor 6 months, \r\nor fine of \r\n1[3,000] \r\nrupees, or \r\nboth. \r\nDitto .. \r\n189 Threatening a public \r\nservant with injury to \r\nhim, or one in whom \r\nhe is interested, to \r\nin­ duce him to do or \r\nfor bear to do any \r\nofficial act. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription \r\nfor 2 years, or \r\nfine, or both. \r\nDitto .. \r\n190 Threatening any person \r\nto induce him to refrain \r\nfrom making a legal \r\napplication for \r\nprotection form injury. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription \r\nfor 1 year, or \r\nfine, or both. \r\nDitto .. \r\nCHAPTER. __XI FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE \r\n193 Giving or fabricating \r\nfalse evidence in a \r\njudicial proceeding. \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant .. Bailable .. Not \r\ncompound\r\n-able. \r\nImprisonment \r\nof either \r\ndescription \r\nfor 7 years, \r\nand fine. \r\nCourt of \r\nSession, \r\n3[* * *] or \r\nMagistrate \r\nof the first \r\nclass. \r\n Giving or fabricating \r\nfalse evidence in any \r\nother case. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription \r\nfor 3 years, \r\nand fine. \r\n4[Magistrate \r\nof first \r\nclass] \r\n \r\n1Subs. by Ord. No.  LXXXVI of 2002, section 3 (Sch. II). \r\n2The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, sch. \r\n3The words “Presidency Magistrate” omitted, ibid. \r\n4Subs. by the Law Reforms Ordinance, 1972 (XII of 1972) , s. 2 and Sch., for “Ditto”.  \r\n \r\nPage 212 of 307 \r\n \r\n194 Giving or fabricating \r\nfalse evidence with \r\nintent to cause any \r\nperson to be convicted \r\nof a capital offence \r\nDitto .. Ditto .. Not \r\nbailable. \r\nDitto.. 1[Imprisonment \r\nfor life,] or \r\nrigorous \r\nimprisonment \r\nfor 10 years, \r\nand fine. \r\nCourt of \r\nSession. \r\n If innocent person be \r\nthereby convicted and \r\nexecuted. \r\nDitto .. Ditto .. Ditto .. Ditto \r\n.. \r\nDeath, or as \r\nabove. \r\nDitto .. \r\n195 Giving or fabricating false \r\nevidence with intent to \r\nprocure conviction of an \r\noffence punishable with \r\n1[imprisonment for life] or \r\nwith imprisonment for 7 \r\nyears or upwards. \r\nDitto .. Ditto .. 2[Not \r\nbailable.] \r\nDitto.. The same as \r\nfor the \r\noffence. \r\nDitto .. \r\n196 Using in a  judicial \r\nproceeding evidence \r\nknown to be  false or \r\nfabricated. \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant .. According \r\nas the \r\noffence. \r\nof giving \r\nsuch \r\nevidence \r\nis bailable \r\nor not. \r\nNot \r\ncompound\r\nable. \r\nThe same as for \r\ngiving or  \r\nfabricating false \r\nevidence. \r\nCourt of \r\nSession, \r\n3[* *] or \r\nMagistrate \r\nof the first \r\nclass. \r\n197 Knowingly issuing or  \r\nsigning a false certificate \r\nrelating to any fact of \r\nwhich such certificate is \r\nby law admissible in \r\nevidence. \r\nDitto .. Ditto .. Bailable.. Ditto.. The same as for \r\ngiving false \r\nevidence. \r\nDitto .. \r\n \r\n1Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch. for “Transportation for life” (w.e.f. 13­4­1972). \r\n2Subs. by the Amending Act, 1903 (1 of 1903), s. 3 and Sch. II, Part II, for “Bailable”. \r\n3The words “Presidency Magistrate” omitted by A.O., 1949, Sch. \r\n  \r\n \r\nPage 213 of 307 \r\n \r\n198 Using as a true certificate \r\none known to be false in a \r\nmaterial point. \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant \r\n.. \r\nBailable. Not \r\ncompound\r\n-able. \r\nThe same as \r\nfor giving \r\nfalse \r\nevidence. \r\nCourt of \r\nSession, \r\n1\r\n[* \r\n* *] or \r\nMagistrate \r\nof the first \r\nclass. \r\n199 False statement made in \r\nany declaration which is by \r\nlaw receivable as evidence. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto . \r\n200 Using as true any such \r\ndeclaration known to be \r\nfalse. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto . \r\n201 Causing disappearance of \r\nevidence of an offence \r\ncommitted, or giving \r\nfalse information \r\ntouching it to screen the \r\noffender, if a capital \r\noffence. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription \r\nfor 7 years, \r\nand fine. \r\nCourt of \r\nSession. \r\n If punishable with \r\n2[imprisonment for \r\nlife] or imprisonment \r\nfor 10 years. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription \r\nfor 3 years \r\nand fine. \r\n3[*  *] \r\nMagistrate \r\nof the first \r\nclass. \r\n    \r\n    \r\n    \r\n    \r\n If punishable with \r\nless than 10 year’s \r\nimprisonment. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nfor a quarter \r\nof the longest \r\nterm, and of \r\nthe description \r\nprovided for \r\nthe offence, \r\nor fine, or \r\nboth. \r\n4[* * *] \r\nMagistrate \r\nof the first \r\nclass, or \r\nCourt by \r\nwhich the \r\noffence is \r\ntriable. \r\n \r\n \r\n \r\n \r\n1The words “Presidency Magistrate” omitted by A.O., 1949, Sch. \r\n2Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch. for “Transportation for life” (w.e.f. 13­4­1972). \r\n3The words “Court of Session “or” omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch., for “Ditto”.  \r\n4The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, sch. \r\n  \r\n \r\nPage 214 of 307 \r\n \r\n202 Intentional omission to \r\ngive information of an \r\noffence by a person legally \r\nbound to inform. \r\nDitto.. Summons.. Bailable.. Ditto.. Imprisonment \r\nof either \r\ndescription for \r\n6 months, or \r\nfine, or both. \r\n1\r\n[* * *] \r\nMagistrate \r\nof the first \r\nor second \r\nclass. \r\n203 Giving false \r\ninformation respecting \r\nan offence committed. \r\nDitto .. Warrant .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n2 years, or fine, \r\nor both. \r\nDitto . \r\n204 Secreting or destroying \r\nany document to prevent \r\nits production as \r\nevidence. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n2 years, or fine, \r\nor both. \r\n1\r\n[* * *] \r\nMagistrate \r\nof the first \r\nclass. \r\n205 False personation for the \r\npurpose of any act or \r\nproceeding in a suit or  \r\ncriminal prosecution, or \r\nfor becoming bail or \r\nsecurity. \r\nDitto.. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n3 years, or fine, \r\nor both. \r\n1\r\n[* * *] \r\nMagistrate \r\nof the first \r\nclass. \r\n206 Fraudulent removal or \r\nconcealment, etc.,  of \r\nproperty to prevent its \r\nseizure as a forfeiture, or \r\nin satisfaction of a fine \r\nunder sentence , or in \r\nexecution of a decree. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n2 years, or fine, \r\nor both. \r\n2[* *1[* \r\n*]*] \r\nMagistrate \r\nof the first \r\nor second \r\nclass. \r\n \r\n \r\n \r\n \r\n1The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, sch. \r\n2The word “Court of Session or” omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s.12 and Sch. \r\n  \r\n \r\nPage 215 of 307 \r\n \r\n207 Claiming property \r\nwithout right, or \r\npracticing deception \r\ntouching any right to \r\nit, to prevent its being \r\ntaken as a forfeiture, \r\nor in satisfaction of a \r\nfine under sentence, \r\nor in execution of a \r\ndecree. \r\nDitto.. Ditto.. Ditto.. Ditto.. Ditto.. Ditto.. \r\n208 Fraudulently \r\nsuffering a decree \r\nto pass for a sum \r\nnot due, or \r\nsuffering decree to \r\nbe executed after it \r\nhas been satisfied. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. 1\r\n[* * *] \r\nMagistrate of the \r\nfirst class. \r\n209 False claim in a \r\nCourt of Justice. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither description \r\nfor 2 years, and \r\nfine. \r\nDitto .. \r\n210 Fraudulently \r\nobtaining a decree \r\nfor a sum not due , or \r\ncausing a decree to \r\nbe executed after it \r\nhas been satisfied. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither description \r\nfor 2 years, or \r\nfine, or both. \r\nDitto .. \r\n211 False charge of \r\noffence made with \r\nintent to injure. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto .. \r\n If offence charged be \r\npunishable with  \r\nimprisonment for 7 \r\nyears or upwards. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription \r\nfor 7 years, \r\nand fine. \r\nCourt of \r\nSession, 2[* * *] \r\nor Magistrate \r\nof the first \r\nclass. \r\n If offence charged be \r\ncapital, or punishable \r\nwith \r\n3\r\n[imprisonment \r\nof life]. \r\nShall \r\nnot \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant \r\n.. \r\nBailable \r\n.. \r\nNot \r\nCompound-\r\nable. \r\nImprisonment \r\nof either \r\ndescription \r\nfor 7 years, \r\nand fine. \r\nCourt of \r\nSession. \r\n212 Harbouring an \r\noffender, if the \r\noffence be capital. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nDitto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for 5 \r\nyears, and fine. \r\nCourt of \r\nSession, \r\n4\r\n[* *] or \r\nMagistrate of the \r\nfirst class. \r\n \r\n1The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, sch. \r\n2The words “Presidency Magistrate” omitted ibid. \r\n3Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch. for “Transportation for life” (w.e.f. 13­4­1972). \r\n4The words “Presidency Magistrate” omitted by A.O., 1949, Sch. \r\n \r\nPage 216 of 307 \r\n \r\n If punishable with \r\n1\r\n[imprisonment for \r\nlife], or with \r\nimprisonment for \r\n10 years. \r\nMay arrest \r\nWithout \r\nwarrant. \r\nWarrant \r\n.. \r\nBailable \r\n.. \r\nNot \r\nCompound-\r\nable. \r\nImprisonment \r\nof either \r\ndescription for \r\n3 years, and \r\nfine. \r\n2\r\n[Magistrate \r\nof the first \r\nclass] \r\n If punishable with \r\nimprisonment for \r\n1 year and not for \r\n10 years. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nfor a quarter \r\nof the longest \r\nterm, and of \r\nthe \r\ndescription, \r\nprovided for \r\nthe offence, or \r\nfine, or both. \r\n3\r\n[* * *] \r\nMagistrate of the \r\nfirst class, or \r\nCourt by which \r\nthe offence is \r\ntriable. \r\n213 Taking gift, etc., to \r\nscreen an offence \r\nfrom punishment, if \r\nthe offence be \r\ncapital. \r\n4\r\n[May \r\narrest \r\nwithout \r\nwarrant] \r\nDitto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n7 years, and \r\nfine. \r\nCourt of Session. \r\n If punishable with \r\n1[imprisonment for \r\nlife] or with \r\nimprisonment for \r\n10 years. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n3 years, and \r\nfine. \r\n5 [* *] Magistrate \r\nof he first \r\nclass. \r\n If with \r\nimprisonment for \r\nless than 10 years. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nfor a quarter \r\nof the longest \r\nterm, and of \r\nthe \r\ndescription, \r\nprovided for \r\nthe offence, \r\nor fine, or \r\nboth. \r\n3\r\n[* * *] \r\nMagistrate \r\nof the first class, or \r\nCourt by which the \r\noffenceis triable. \r\n214 Offering gift or \r\nrestoration of \r\nproperty in \r\nconsideration of \r\nscreening offender, \r\nif the offence be \r\ncapital. \r\n2\r\n[Shall not \r\nArrest \r\nwithout \r\nwarrant.] \r\nDitto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription \r\nfor 7 years, \r\nand fine. \r\nCourt of \r\nSession. \r\n If punishable \r\nwith \r\n1[imprisonment \r\nfor life], or with \r\nimprisonment for \r\n10 years. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription \r\nfor 3 years, \r\nand fine. \r\n5\r\n[* * *] Magistrate \r\nof the first \r\nclass. \r\n \r\n1Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch. for “Transportation for life” (w.e.f. 13­4­1972). \r\n2Subs. by the Law Reforms Ordinance, 1972 (XII of 1972) , s. 2 and Sch., for “Ditto”. \r\n3The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, sch.  \r\n4Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 159, for the original entry.  \r\n5The words “Court of Session, or” omitted by Ordinance XII of 1972, s. 2 and Sch. \r\n  \r\n \r\nPage 217 of 307 \r\n \r\n If with imprisonment \r\nfor less than 10 \r\nyears. \r\nDitto.. Ditto.. Ditto.. Ditto.. Imprisonment for \r\na quarter of the \r\nlongest term, and \r\nof the description, \r\nprovided for the \r\noffence, or fine, \r\nor both. \r\n2\r\n[* * *] \r\nMagistrate of \r\nthe first class, or \r\nCourt by which \r\nthe offence is \r\ntriable. \r\n215 Taking gift to help \r\nto recover moveable \r\nproperty of which a \r\nperson has been \r\ndeprived by an \r\noffence, without \r\ncausing \r\napprehension of  \r\noffender. \r\n1\r\n[May \r\narrest \r\nwithout \r\nwarrant] \r\nWarrant .. Bailable .. Not \r\ncompound-\r\nable. \r\nImprisonment of \r\neither description \r\nfor 2 years, or \r\nfine, or both. \r\n2\r\n[* * *] \r\nMagistrate of \r\nthe first class. \r\n216 Harbouring an \r\noffender who has \r\nescaped from \r\ncustody, or whose \r\napprehension has \r\nbeen ordered, if \r\nthe offence be \r\ncapital. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither description \r\nfor 7 years, and \r\nfine. \r\nCourt of \r\nSession, \r\n3\r\n[* *] \r\nor Magistrate of \r\nthe first class. \r\n If punishable with \r\n4[imprisonment for \r\nlife], or with \r\nimprisonment for 10 \r\nyears. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription \r\nfor 3 years, \r\nwith or \r\nwithout fine. \r\n5\r\n[Magistrate \r\nof the first \r\nclass. \r\n If with imprisonment \r\nfor 1 year, and not for \r\n10 years. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nfor a quarter \r\nof the longest \r\nterm, and of \r\nthe \r\ndescription, \r\nprovided for \r\nthe offence, \r\nor fine, or \r\nboth. \r\n2\r\n[* * *] \r\nMagistrate \r\nof the first \r\nclass, or \r\nCourt by \r\nwhich the \r\noffence is \r\ntriable. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Subs by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 159, for the original entry.  \r\n2The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, sch.  \r\n3The words “Presidency Magistrate” omitted, ibid. \r\n4Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch., for “transportation for life” ( w.e.f. 13­4­72). \r\n5Subs. by the Law Reforms Ordinance, 1972 (XII of 1972) , s. 2 and Sch., for “Ditto”. \r\n  \r\n \r\nPage 218 of 307 \r\n \r\n216A Harbouring robbers \r\nor dacoits. \r\nDitto .. Ditto .. Ditto .. Ditto .. Rigorous \r\nimprisonment \r\nfor 7 years, \r\nand fine. \r\nCourt of \r\nSession, \r\n1\r\n[* \r\n*] or \r\nMagistrate of \r\nthe first class. \r\n217 Public servant disobeying \r\na direction of law with \r\nintent to save person from \r\npunishment, or property \r\nfrom forfeiture. \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nSummons \r\n.. \r\nDitto .. Ditto .. Imprisonment \r\nof either \r\ndescription \r\nfor 2 years, or \r\nfine, or both. \r\n2\r\n[* * *] \r\nMagistrate of \r\nthe first or \r\nsecond class. \r\n218 Public servant framing \r\nan incorrect record or \r\nwriting with intent to \r\nsave person from \r\npunishment, or property \r\nfrom forfeiture. \r\nDitto .. Warrant .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription \r\nfor 3  years,or \r\nfine, or both. \r\n3\r\n[Magistrate \r\nof the first \r\nclass] \r\n219 Public servant in a \r\njudicial proceeding \r\ncorruptly making and \r\npronouncing an order, \r\nreport, verdict or \r\ndecision which he knows \r\nto be contrary to law. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription \r\nfor 7 years,or \r\nfine, or both. \r\nDitto .. \r\n220 Commitment for trial or \r\nconfinement by a person \r\nhaving authority, who \r\nknows that he is acting \r\ncontrary to law. \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant.. Bailable \r\n.. \r\nNot \r\ncompound\r\n-able. \r\nImprisonment \r\nof either \r\ndescription \r\nfor 7  years, \r\nor fine, or \r\nboth. \r\nCourt of \r\nSession. \r\n221 Intentional omission to \r\napprehend on the part of \r\na public servant bound \r\nby law to apprehend an \r\noffender, if the offence be \r\ncapital. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription \r\nfor 7 years, \r\nwith or \r\nwithout fine. \r\nDitto .. \r\n \r\n \r\n \r\n \r\n \r\n \r\n1The words “Presidency Magistrate” omitted by A.O., 1949, sch. \r\n2The words “Presidency Magistrate” and by implication the word “or” omitted ibid. \r\n3Subs. by the Law Reforms Ordinance, 1972 (XII of 1972) , s. 2 and Sch., for “Court of Session”. \r\n  \r\n \r\nPage 219 of 307 \r\n \r\n If punishable with \r\n1\r\n[imprisonment for life], \r\nor imprisonment for 10 \r\nyears. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n3 years, with or \r\nwithout fine. \r\n2\r\n[* * * ] \r\nMagistrate of the \r\nfirst class. \r\n If with imprisonment for \r\nless than 10 years. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n2 years, with or \r\nwithout fine. \r\n3\r\n[* * * ] \r\nMagistrate of \r\nthe first or \r\nsecond class. \r\n222 Intentional omission to \r\napprehend on the  part of \r\na public  servant bound \r\nby law to apprehend  \r\nperson under sentence of \r\na Court of Justice if \r\nunder sentence of death. \r\nDitto .. Ditto .. Not \r\nbailable \r\nDitto .. \r\n1\r\n[Imprisonment \r\nfor life] or \r\nimprisonment \r\nof either \r\ndescription for \r\n14 years, with \r\nor without fine. \r\nCourt of \r\nSession. \r\n If under sentence of \r\n4\r\n[imprisonment for life] \r\n5\r\n[* * * ], or \r\n6\r\n[*], \r\nimprisonment \r\n7\r\n[* * *] for \r\n10 years or upwards. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n7 years, with or \r\nwithout fine. \r\nDitto . \r\n If under sentence of \r\nimprisonment for less \r\nthan 10 years or lawfully \r\ncommitted to custody. \r\nDitto.. Ditto .. Bailable\r\n.. \r\nDitto .. Imprisonment \r\nof either \r\ndescription for \r\n3 years, or \r\nfine, or both. \r\n2\r\n[* *]  \r\nMagistrate of \r\nthe first class. \r\n223 Escape from \r\nconfinement negligently \r\nsuffered by a  public \r\nservant. \r\nDitto .. Summons \r\n.. \r\nDitto .. Ditto .. Simple \r\nimprisonment \r\nfor 2 years, or \r\nfine, or both. \r\n3\r\n[* * *] \r\nMagistrate of \r\nthe first or \r\nsecond class. \r\n224 Resistance or \r\nobstruction by a person \r\nto his lawful \r\napprehension. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n2 years, or \r\nfine, or both. \r\nDitto. \r\n \r\n \r\n \r\n1Subs. by the Criminal Procedure (Amdt.) Act. 1974 (XXV of 1974) , s. 2 and Sch., for “transportation for life” (w.e.f. 13472). \r\n2The words “Court of Session, or” omitted by the Law Reforms Ordinance, 1972 (XII of 1972) s. 2 and, Sch. \r\n3The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, sch. \r\n4Subs. by Act XXV of 1974, s. 2 and Sch. for “transportation” (w.e.f. 13-4-72). \r\n5The words “or penal servitude for life” omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), Sch. \r\n6The word “transportation” omitted by Act XXV of 1974, s. 2 and Sch. \r\n7The words “or penal servitude” omitted by “Act No. II of 1950, Sch”. \r\n  \r\n \r\nPage 220 of 307 \r\n \r\n225 Resistance or \r\nobstruction to the \r\nlawful apprehension of \r\nanother person, or \r\nrescuing him from \r\nlawful custody. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant.. Bailable.. Not \r\ncompound-\r\nable. \r\nImprisonment of \r\neither description \r\nfor 2 years, or \r\nfine, or both. \r\n1\r\n[* * *] \r\nMagistrate of the \r\nfirst or second \r\nclass. \r\n If charged with an \r\noffence punishable with \r\n2\r\n[imprisonment for life], \r\nor imprisonment for 10 \r\nyears. \r\nDitto .. Ditto .. Not \r\nbailable. \r\nDitto .. Imprisonment of \r\neither description \r\nfor 3 years and  \r\nfine. \r\n3\r\n[* * *] \r\nMagistrate of the \r\nfirst class. \r\n If charged with a \r\ncapital offence. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither description \r\nfor 7 years, and  \r\nfine. \r\nCourt of \r\nSession. \r\n If the person is \r\nsentenced to \r\n2\r\n[imprisonment for life], \r\nor to \r\n4\r\n[* *], \r\n5\r\n[*] or \r\nimprisonment for 10 \r\nyears or up wards. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto .. \r\n If under sentence of \r\ndeath. \r\nDitto .. Ditto .. Ditto .. Ditto .. 2\r\n[Imprisonment \r\nfor life], or \r\nimprisonment of \r\neither description \r\nfor 10 years, and \r\nfine \r\nDitto .. \r\n225A Omission to apprehend, \r\nor sufferance of escape, \r\non part of public servant, \r\nin cases not otherwise \r\npro vided for- \r\n      \r\n (a) in case of \r\nintentional omission \r\nor sufferance; \r\nShall \r\nnot \r\narrest \r\nwithout \r\nwarrant \r\nDitto .. Bailable.. Ditto.. Imprisonment of \r\neither description \r\nfor 3 years, fine \r\nor both. \r\n3\r\n[* * *] \r\nMagistrate of the \r\nfirst class. \r\n (b) in case of negligent \r\nomission or sufferance. \r\nDitto .. Summons \r\n.. \r\nDitto .. Ditto .. Simple \r\nimprisonment for \r\n2 years, or fine, \r\nor both. \r\n1\r\n[* * * ] \r\nMagistrate of the \r\nfirst or second \r\nclass. \r\n \r\n1The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, sch. \r\n2Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch. for “transportation for life” (w.e.f. 13472). \r\n3The words “Court of Session, or” omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n4The words “penal servitude” omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), Sch. \r\n5The word “transportation” omitted by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch. \r\n \r\nPage 221 of 307 \r\n \r\n225B Resistance or obstruction \r\nto lawful apprehe nsion, or \r\nescape or rescue in cases \r\nnot otherwise provided \r\nfor. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant.. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n6 months, or \r\nfine, or both \r\nDitto .. \r\n1\r\n[* * * * * * * *] \r\n227 Violation of condition \r\nof remission of \r\npunishment. \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nSummons \r\n.. \r\nDitto .. Ditto .. Punishment of \r\noriginal \r\nsentence, or , if \r\npart of the \r\npunishment has \r\nbeen \r\nundergone, the \r\nresidue. \r\nThe Court by \r\nwhich the \r\noriginal \r\noffence was \r\ntriable. \r\n228 Intentional insult or \r\ninterruption to a public \r\nservant sitting in any stage \r\nof a judicial proceeding. \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nSummons Bailable Not \r\ncompound\r\n-able. \r\n \r\nSimple \r\nimprisonment \r\nfor 6 months, \r\nor fine of \r\n2\r\n[3,000] \r\nrupees, or \r\nboth. \r\nThe Court in \r\nwhich the, \r\noffence is \r\ncommitted, \r\nsubject to the \r\nprovisions of \r\nChapter \r\nXXXV. \r\n229 Personation of a juror or \r\nassessor. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n2 years, or \r\nfine, or both. \r\n3\r\n[* * * ] \r\nMagistrate of \r\nthe first class. \r\nCHAPTER XII. __OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS  \r\n231 Counterfeiting, or \r\nperforming any part of the \r\nprocess of counterfeiting, \r\ncoin. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant.. Not \r\nbailable. \r\nNot \r\ncompound\r\n-able. \r\nImprisonment \r\nof either \r\ndescription for \r\n7 years, and \r\nfine. \r\nCourt of \r\nSession. \r\n232 Counterfeiting, or \r\nperforming any part of the \r\nprocess of counterfeiting \r\n4\r\n[Pakistan coin]. \r\nDitto .. Ditto .. Ditto .. Ditto .. 5\r\n[Imprisonment \r\nfor life], or \r\nimprisonment \r\nof either \r\ndescription for \r\n10 years, and \r\nfine \r\nDitto .. \r\n \r\n1The original entry 226 omitted by Ordinance XII of 1972, s. 2 and Sch. \r\n2Subs. by Ord. No. LXXXVI of 2, s. 3 ( Sch.II). \r\n3The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, sch. \r\n4Subs. by A.O., 1961 Art, 2 and Sch. for “The Queen’s Coin” (with effect from the 23rd March, 1956). \r\n5Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2, and Sch. for “transportation for life” (w.e.f. 13­4­72) \r\n \r\nPage 222 of 307 \r\n \r\n233 Making, buying or \r\nselling instrument \r\nfor the purpose of \r\ncounterfeiting coin. \r\n \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of  \r\neither description for \r\n3 years, and fine. \r\n1\r\n[* * * ] \r\nMagistrate of \r\nthe first class \r\n234 Making, buying or \r\nselling instrument \r\nfor the purpose of \r\ncounterfeiting \r\n2\r\n[Pakistan coin]. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither description for \r\n7 years, and fine. \r\nCourt of Session. \r\n235 Possession of \r\nInstrument or \r\nmaterial for the \r\npurpose of using \r\nthe same for \r\ncounterfeiting coin. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither description for \r\n3 years, and fine. \r\n1\r\n[* * * ] Magistrate of \r\nthe first class. \r\n If \r\n3\r\n[Pakistan coin]. Ditto .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither description for \r\n10 years, and fine. \r\nCourt of Session. \r\n236 Abetting in \r\n4\r\n[Pakistan] the \r\ncounterfeiting out \r\nof \r\n4\r\n[Pakistan] of \r\ncoin. \r\nDitto .. Ditto .. Ditto .. Ditto .. The punishment \r\nprovided for \r\nabetting the \r\ncounterfeiting of \r\nsuch coin with in \r\n4\r\n[Pakistan]. \r\nDitto .. \r\n237 Import or export of \r\ncounterfeit coin, \r\nknowing the same \r\nto be counterfeit. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither description for \r\n3 years, and fine. \r\n1\r\n[* *] Magistrate of the \r\nfirst class. \r\n238 Import or export of \r\ncounterfeits of \r\n2\r\n[Pakistan  c oin], \r\nknowing the same to \r\nbe counterfeit. \r\nMay \r\narrest \r\nwithout \r\nwarrant\r\n. \r\nWarrant \r\n.. \r\nNot \r\nbailable. \r\nNot \r\ncompo\r\nund--\r\nable. \r\n5\r\n[Imprisonment for \r\nlife], or \r\nimprisonment of \r\neither description for \r\n10 years, and fine. \r\nCourt of Session.\r\n \r\n \r\n \r\n1The words “Court of Session, or” omitted by the Law Reforms Ordinance, 1972 (XII of 1972) , s. 2 and Sch. \r\n2Subs. by A.O., 1961, Art. 2 and Sch., for “the Queen's coin” (with effect from the 23rd March, 1956.).  \r\n3Subs. by A.O., 1961, Art. 2 and Sch., for “the Queen's coin” (with effect from the 23rd March, 1956.).  \r\n4Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “the \r\nProvinces and the Capital of the Federation” which had been subs. by A.O., 1949, Art. 3 (2) and 4, for “British India”. \r\n5Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch. for “transportation for life” (w.e.f. 13­4­72). \r\n  \r\n \r\nPage 223 of 307 \r\n \r\n239 Having any counterfeit \r\ncoin known to be such \r\nwhen it came into pos­ \r\nsession, and delivering, \r\netc., the same to any \r\nperson. \r\nDitto \r\n.. \r\nDitto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n5 years, and  \r\nfine. \r\nCourt of \r\nSession \r\n1\r\n[* \r\n*] or \r\nMagistrate \r\nof the first \r\nclass. \r\n240 The same with respect to \r\n2\r\n[Pakistan coin]. \r\nDitto \r\n.. \r\nDitto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n10 years, and  \r\nfine. \r\nDitto. \r\n241 Knowingly delivering to \r\nanother any counterfeit \r\ncoin as genuine which, \r\nwhen first possessed, the \r\ndeliverer did not know to \r\nbe counterfeit. \r\nDitto \r\n.. \r\nDitto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n2 years, or fine \r\nof ten times the \r\nvalue of the coin \r\ncounterfeited, or \r\nboth. \r\n3\r\n[* * * ] \r\nMagistrate \r\nof the first \r\nor second \r\nclass. \r\n242 Possession of counterfeit \r\ncoin by a person who \r\nknew it to be counterfeit \r\nwhen he became \r\npossessed thereof. \r\nDitto \r\n.. \r\nDitto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n3 years, and  \r\nfine. \r\n4\r\n[* * * ] \r\nMagistrate \r\nof the first \r\nclass. \r\n243 Possession of \r\n2\r\n[Pakistan \r\ncoin] by a person who \r\nknew it to be counterfeit \r\nwhen he became \r\npossessed thereof. \r\nDitto \r\n.. \r\nDitto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n7 years, and  \r\nfine. \r\n5\r\n[Court of \r\nSession, or \r\nMagistrate \r\nof the first \r\nclass.] \r\n \r\n \r\n \r\n \r\n \r\n \r\n1The words “Presidency Magistrate” omitted by A.O., 1949, sch. \r\n2Subs. by A.O., 1961, Art. 2 and Sch., for “the Queen's coin” (with effect from the 23rd March, 1956). \r\n3The words “Presidency Magistrate” and by implication the word “or” omitted, ibid. \r\n4The word “court of Sesseion or” omitted by the Law Reform Ordinance, 1972 (XII of 1972), s.2 and Sch.  \r\n5Subs. by Ordinance XII of 1972, s.2 and Sch., for “Ditto”. \r\n  \r\n \r\nPage 224 of 307 \r\n \r\n244 Person employed in a \r\nMint causing coin to be \r\nof a different weight or \r\ncomposition from that \r\nfixed by law. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Court \r\nof \r\nSession. \r\n245 Unlawfully taking from \r\na Mint any coining \r\ninstrument. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto .. \r\n246 Fraudulently \r\ndiminishing the weight \r\nor altering the \r\ncomposition of any \r\ncoin. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription \r\nfor 3 years, \r\nand fine. \r\n1\r\n[* * * ] \r\nMagistrate \r\nof the first \r\nclass. \r\n247 Fraudulently \r\ndiminishing the weight \r\nor altering the \r\ncomposition of \r\n2\r\n[Pakistan coin]. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant Not \r\nbailable. \r\nNot \r\ncompound\r\n-able. \r\nImprisonment \r\nof either \r\ndescription \r\nfor 7 Years, \r\nand fine. \r\nCourt of \r\nSession, \r\n3\r\n[* *] \r\nMagistrate of \r\nthe first class. \r\n248 Altering appearance of \r\nany coin with intent that \r\nit shall pass as a coin of \r\na different description. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription \r\nfor 3 years, \r\nand fine. \r\n4\r\n[Magistrate \r\nof the first \r\nclass] \r\n249 Altering appearance of \r\n2\r\n[Pakistan coin] with \r\nintent that it shall pass as \r\na coin of a different \r\ndescription. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription \r\nfor 7 years \r\nand fine. \r\n4\r\n[Court of \r\nSession, or \r\nMagistrate \r\nof first \r\nclass.] \r\n \r\n \r\n \r\n \r\n \r\n1The words “Court of Session, or” omitted by the Law Reforms Ordinance, 1972 (XII of 1972) , s. 2 and Sch. \r\n2Subs. by A.O., 1961, Art. 2 and Sch., for “the Queen's coin” (with effect from the 23rd March, 1956). \r\n3The words “Presidency Magistrate” omitted by A.O., 1949, sch. \r\n4Subs. by the Law Reforms Ordinance, 1972 (XII of 1972) , s. 2 and Sch., for “Ditto”. \r\n  \r\n \r\nPage 225 of 307 \r\n \r\n250 Delivery to another of coin \r\npossessed with the knowledge \r\nthat it is altered. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither description \r\nfor 5 years and \r\nfine. \r\nDitto . \r\n251 Delivery of \r\n1\r\n[Pakistan coin] \r\npossessed with the knowledge \r\nthat it is altered. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither \r\ndescription for \r\n10 years, and \r\nfine. \r\nDitto .. \r\n252 Possession of altered coin by a \r\nperson who knew it to be \r\naltered when he became \r\npossessed thereof. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither description \r\nfor 3 years, and \r\nfine. \r\n2\r\n[Magistrate \r\nof the first \r\nclass]. \r\n253 Possession of \r\n1\r\n[Pakistan coin] \r\nby a person who knew it to be \r\naltered when he became \r\npossessed thereof. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither description \r\nfor 5 years, and \r\nfine. \r\n2\r\n[Court of  \r\nSession, or \r\nMagistrate \r\nof the first \r\nclass.] \r\n254 Delivery to another of coin as \r\ngenuine which, when first \r\npossessed, the  deliverer did \r\nnot know to be altered. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither \r\ndescription for 2 \r\nyears or fine of \r\nten times the \r\nvalue of the \r\ncoin. \r\n3\r\n[* * * ] \r\nMagistrate of \r\nthe first or \r\nsecond class. \r\n255 Counterfeiting a Government \r\nstamp. \r\nDitto .. Ditto .. 4\r\n[Ditto] \r\n.. \r\nDitto .. 5\r\n[Imprisonment \r\nfor life] or \r\nimprisonment of \r\neither description \r\nfor 10 years, and \r\nfine. \r\nCourt of \r\nSession. \r\n \r\n \r\n \r\n1Subs. by A.O., 1961, Art. 2 and Sch., for “the Queen's coin” (with effect from the 23rd March, 1956). \r\n2Subs. by the Law Reforms Ordinance, 1972 (XII of 1972) , s. 2 and Sch., for “Ditto”. \r\n3The words “Presidency Magistrate” and by implication the word “or” omitted, ibid. by A.O., 1949 Sch. \r\n4Subs. by the Code of Criminal Procedure (Amdt.) Act, 1973 (LVII of 1973), s. 4 for “Bailable” (w.e.f. 29­6­73). \r\n5Subs. by Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch., for “Transportation for life” (w.e.f. 13­4­72). \r\n  \r\n \r\nPage 226 of 307 \r\n \r\n256 Having possession of \r\nan instrument or \r\nmaterial for the \r\npurpose of \r\ncounterfeiting a \r\nGovernment stamp. \r\nDitto .. Ditto .. 1\r\n[Bailable]. Ditto .. Imprison-\r\nment of \r\neither \r\ndescription \r\nfor 7 years, \r\nand fine. \r\nDitto . \r\n257 Making, buying or \r\nselling instrument for \r\nthe purpose of \r\ncounterfeiting a \r\nGovernment stamp. \r\nMay \r\narrest \r\nwithout \r\nwarrant\r\n. \r\nWarrant.. Bailable.. Not \r\ncompound-\r\nable. \r\nImprison-\r\nment of \r\neither \r\ndescription \r\nfor 7 years, \r\nand fine \r\nCourt of \r\nSession. \r\n258 Sale of counterfeit \r\nGovernment stamp. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto . \r\n259 Having possession of \r\ncounterfeit \r\nGovernment stamp. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Court of \r\nSession, \r\n2\r\n[*  \r\n*] or \r\nMagistrate \r\nof the first \r\nclass. \r\n260 Using as genuine a \r\nGovernment stamp \r\nknown to be \r\ncounterfeit. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprison-\r\nment of \r\neither \r\ndescription \r\nfor 7 years, \r\nor fine, or \r\nboth. \r\nDitto . \r\n \r\n \r\n \r\n1Subs. by Act LVII of 1973, s. 4, for “Ditto” (w.e.f. 29­6­73). \r\n2The words “Presidency Magistrate” omitted by A.O., 1949, sch. \r\n  \r\n \r\nPage 227 of 307 \r\n \r\n261 Effacing any \r\nwriting from a \r\nsubstance bearing \r\na Government \r\nstamp, or \r\nremoving from a \r\ndocument a stamp \r\nused for it with \r\nintent to cause loss \r\nto Government. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for  \r\n3 years, or fine, \r\nor both. \r\n1\r\n[Magistrate of the \r\nfirst class.] \r\n262 Using a \r\nGovernment stamp \r\nknown to have \r\nbeen before used. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for  \r\n2 years, or fine, \r\nor both. \r\n2\r\n[* * * ] Magistrate \r\nof the first or second \r\nclass. \r\n263 Erasure of mark  \r\ndenoting that \r\nstamp has been \r\nused. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n3  years, or fine, \r\nor both. \r\n3\r\n[* * * ] Magistrate \r\nof the \r\nfirst class. \r\n263A Fictitious stamps Ditto .. Ditto .. Ditto .. Ditto .. Fine of  \r\n4\r\n[600] \r\nrupees \r\n2\r\n[* * * ] Magistrate \r\nof the first class. \r\nCHAPTER XIII. __OFFENCES RELATING TO WEIGHTS AND MEASURES \r\n264 Fraudulent use of \r\nfalse instrument \r\nfor weighing. \r\nShall \r\nnot \r\narrest \r\nwithout \r\nwarrant\r\n. \r\nSummons\r\n. \r\nBailable\r\n. \r\nNot \r\ncompound\r\n-able. \r\nImprisonment \r\nof either \r\ndescription for \r\n1 year, or fine, \r\nor both. \r\n2\r\n[* * * ] Magistrate \r\nof the first or second \r\nclass. \r\n265 Fraudulent use of \r\nfalse weight or \r\nmeasure. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto .. \r\n266 Being in \r\npossession of false \r\nweights or mea­ \r\nsures for frau­ \r\ndulent use. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto .. \r\n267 Making or selling \r\nfalse weights or \r\nmeasures for \r\nfraudulent use. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto .. \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (XII of 1972) , s. 2 and Sch., for “Ditto”. \r\n2The words “Presidency Magistrate” and by implication the word “or” omitted, by A.O., 1949, Sch. \r\n3The words “Court of Session, or” omitted by Ordinance No. XII of 1972, s. 2. and Sch. \r\n4Subs. by Ord. No. LXXXVI of 2002, s. 3 (Sch­II). \r\n \r\nPage 228 of 307 \r\n \r\nCHAPTER XIV. __OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, \r\nDECENCY AND MORALS \r\n269 Negligently doing any act \r\nknown to be likely to \r\nspread infection of  any \r\ndisease dangerous to \r\nlife. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nSummons. Bailable\r\n. \r\nNot \r\nCompound-\r\nable. \r\nImprisonment \r\nof either  \r\ndescription for 6 \r\nmonths, or fine, \r\nor both. \r\n1\r\n[* * *] \r\nMagistrate of \r\nthe first or \r\nsecond class. \r\n270 Malignantly doing  any act \r\nknown to be likely to spread \r\ninfection of any disease \r\ndangerous to life. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n2  years, or fine, \r\nor both. \r\nDitto .. \r\n271 Knowingly disobeying \r\nany quarantine rule. \r\nShall \r\nnot \r\narrest \r\nwithout \r\nwarrant. \r\nDitto .. Ditto .. Ditto .. Imprisonment \r\nof either  \r\ndescription for 6 \r\nmonths, or fine, \r\nor both. \r\nDitto .. \r\n272 Adulterating food or drink \r\nintended for sale, so as to \r\nmake the same noxious. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either  \r\ndescription for 6 \r\nmonths, or fine \r\nor \r\n2\r\n[3,000] \r\nrupees, or both. \r\nDitto .. \r\n273 Selling any food or drink \r\nas food  and drink,  knowing \r\nthe same to be noxious. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto .. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1The words “Presidency Magistrate” and by implication the word “or” omitted, by A.O., 1949, Sch. \r\n2Subs. by Ord. No. LXXXVI of 2002, s. 3 (Sch.­II). \r\n  \r\n \r\nPage 229 of 307 \r\n \r\n274 Adulterating any drug or \r\nmedical preparation in­ \r\ntended for sale so as to \r\nlessen its efficacy, or to \r\nchange its operation, or to \r\nmake it noxious. \r\nDitto .. Ditto \r\n.. \r\nDitto .. Ditto .. Ditto .. Ditto .. \r\n275 Offering for sale or issuing \r\nfrom a dispensary any drug \r\nor medical preparation \r\nknown to have been \r\nadulterated. \r\nDitto .. Ditto \r\n.. \r\nDitto .. Ditto .. Ditto .. Ditto . \r\n276 Knowingly selling or issuing \r\nfrom a dispensary any drug \r\nor medical preparation as a \r\ndifferent drug or medical \r\npreparation. \r\nDitto .. Ditto \r\n.. \r\nDitto .. Ditto .. Ditto .. Ditto . \r\n277 Defiling the water of a \r\npublic spring or reservoir. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nDitto \r\n.. \r\nDitto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n3 months, or \r\nfine of \r\n1\r\n[1500] \r\nrupees, or \r\nboth. \r\n2[Any \r\nJudicial \r\nMagistrate]\r\n. \r\n278 Making atmosphere \r\nnoxious to health. \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nDitto \r\n.. \r\nDitto .. Ditto .. Fine of \r\n1\r\n[1500] \r\nrupees \r\nDitto .. \r\n \r\n \r\n \r\n \r\n1Subs. by Ord. LXXXVI of 2002, s. 3 (Sch­II). \r\n2Subs. by the Law Reforms Ordinance, 1972(XII of 1972), s.2 and Sch., item 210 (viii)(a). \r\n  \r\n \r\nPage 230 of 307 \r\n \r\n279 Driving or riding on a \r\npublic way so rashly or \r\nnegligently as to \r\nendanger human life, \r\netc., \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nSummons. Bailable. Not \r\ncompound\r\n-able. \r\nImprisonment of \r\neither description \r\nfor \r\n1\r\n[2 years], or \r\nfine of \r\n2\r\n[3,000] \r\nrupees, or both. \r\n1\r\n[Magistrate \r\nof the first or \r\nsecond \r\nclass]. \r\n280 Navigating any vessel \r\nso rashly or negligently \r\nas to endanger human \r\nlife, etc. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. 3\r\n[* *  *] \r\nMagistrate \r\nof the first \r\nor second \r\nclass. \r\n281 Exhibition of a false \r\nlight, mark or buoy. \r\nDitto .. Warrant.. Ditto .. Ditto .. Imprisonment of \r\neither description \r\nfor 7  years, or \r\nfine, or both. \r\nCourt of \r\nSession. \r\n282 Conveying for hire any \r\nperson by water, in a \r\nvessel in such a state, or \r\nso loaded, as to \r\nendanger his life. \r\nDitto .. Summons \r\n.. \r\nDitto .. Ditto .. Imprisonment of \r\neither description \r\nfor 6 months, or \r\nfine, of \r\n2\r\n[3,000] \r\nrupees, or both. \r\n3\r\n[* * *] \r\nMagistrate \r\nof the first \r\nor second \r\nclass. \r\n283 Causing danger, \r\nobstruction or injury in \r\nany public way or line of \r\nnavigation. \r\nDitto .. Ditto .. Ditto .. Ditto .. Fine of \r\n2\r\n[600] \r\nrupees. \r\nDitto . \r\n284 Dealing with any \r\npoisonous substance so \r\nas to endanger human \r\nlife, etc. \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nDitto .. Ditto .. Ditto .. Imprisonment of \r\neither description \r\nfor 6 months, or \r\nfine, of  \r\n2\r\n[3,000] \r\nrupees, or both. \r\nDitto . \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by the Criminal Laws (Amdt.) Ordinance, 1980 (III of 1980), s. 13. \r\n2Subs. by Ord. No. LXXXVI of 2002, s. 3 (Sch­II). \r\n3The words “Presidency Magistrate” and by implication the word “or” omitted, by A.O., 1949, Sch. \r\n  \r\n \r\nPage 231 of 307 \r\n \r\n285 Dealing with fire or any \r\ncombustible matter so as \r\nto endanger human life, \r\netc. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nDitto .. Ditto .. Ditto .. Ditto .. 1[Any \r\nJudicial \r\nMagistrate]. \r\n286 So dealing with any \r\nexplosive substance. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto .. \r\n287 So dealing with any \r\nmachinery. \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nDitto .. Ditto .. Ditto .. Ditto .. 2\r\n[* * * ] \r\nMagistrate \r\nof the first \r\nor second \r\nclass. \r\n288 A person omitting to guard \r\nagainst probable danger to \r\nhuman life by the fall of \r\nany building over which \r\nhe has a right entitling him \r\nto pull it down or repair it. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto .. \r\n289 A person omitting to take \r\norder with any animal in \r\nhis possession, so as to \r\nguard against danger to \r\nhuman life, or of grievous \r\nhurt, from such animal. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nSummons\r\n. \r\nBailable. Not \r\ncompound-\r\nable. \r\nImprisonment \r\nof either \r\ndescription \r\nfor 6 months, \r\nor fine of \r\n1\r\n[3,000] \r\nrupees, or \r\nboth. \r\nAny \r\nMagistrate. \r\n290 Committing a public \r\nnuisance. \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nDitto .. Ditto .. Ditto .. Fine of \r\n1\r\n[600] rupees. \r\nDitto .. \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by the Law Reforms Ordinance, 1979 (XII of 1972), s.2 and sch., item 210(vii)(a). \r\n2The words “Presidency Magistrate” and by implication the word “or” omitted, by A.O., 1949, Sch. \r\n  \r\n \r\nPage 232 of 307 \r\n \r\n \r\n \r\n1The words “Presidency Magistrate” and by implication the word “or” omitted, by A.O., 1949, Sch. \r\n2Subs. by the Obscene Publications Act, 1925 (VII of 1925), s. 3, for the original entry. \r\n3Ins. by Act No. X of 2016, s. 8. \r\n4Subs. by Act No. XXVII of 2018, s.4. \r\n5Subs. by the Law Reforms Ordinance 1972 (XII of 1972), s.2 and Sch., item 210(vii)(a). \r\n6Subs. by Ord. No. LXXXVI of 2002, s. 3 (Sch.­II). \r\n291 Continuance of \r\nnuisance after \r\ninjunction to \r\ndiscontinue. \r\nMay arrest \r\nwithout \r\nwarrant. \r\nDitto .. Ditto .. Ditto .. Simple imprisonment  for \r\n6 months, or fine, or \r\nboth. \r\n1[* * * ] \r\nMagistrate of the \r\nfirst or second \r\nclass. \r\n292 Sale, etc., of \r\nobscene books, \r\netc. \r\nDitto .. Warrant .. Ditto .. Ditto .. Imprisonment of either \r\ndescription for 3 months, \r\nor fine, or both. \r\n2[1[* * * ] \r\nMagistrate of the \r\nfirst class.] \r\n3[292A Exposure to \r\nseduction. \r\nMay arrest \r\nwithout \r\nwarrant. \r\nWarrant. Not bail-\r\nable. \r\nNot \r\ncompound-\r\nable. \r\nImprisonment of either \r\ndescription for a term \r\nwhich shall not be less \r\nthan one year and may \r\nextend to seven years or \r\nwith fine which  may not \r\nbe less than rupees  one \r\nhundred thousand and \r\nmay extend to rupees five \r\nhundred thousand, or with \r\nboth. \r\nCourt of Sessions. \r\n292C Punishment for \r\nchild \r\npornography. \r\nDitto.. Ditto.. Ditto.. Ditto.. 4[Imprisonment of either \r\ndescription for a term \r\nwhich shall not be less \r\nthan fourteen years and \r\nmay extend up  to twenty \r\nyears and with fine which \r\nshall not be less than one \r\nmillion rupees] \r\nDitto.. \r\n293 4[Sale, etc., of \r\nobscene objects to \r\nyoung persons.] \r\nDitto .. Ditto .. Ditto .. Ditto .. 1[Imprisonment of either \r\ndescription for 6 months, \r\nor fine, or both.] \r\n1[* * * ] \r\nMagistrate of the \r\nfirst or second \r\nclass. \r\n294 Obscene songs. Ditto .. Ditto .. Ditto .. Ditto .. Imprisonment of either \r\ndescription for 3 months, \r\nor fine, or both. \r\n5[Any Judicial \r\nMagistrate.] \r\n294A Keeping a lottery \r\noffice. \r\nShall not \r\narest \r\nwithout \r\nwarrant. \r\nSummons.. Ditto .. Ditto .. Imprisonment of either \r\ndescription for 6 months, \r\nor fine, or both. \r\nDitto .. \r\n Publishing \r\nproposals relating \r\nto lotteries. \r\nDitto .. Ditto .. Ditto .. Ditto .. Fine of 6[3,000] rupees Ditto .. \r\n \r\nCHAPTER XV.__OFFENCES RELATING TO RELIGION \r\n295 Destroying, \r\ndamaging or \r\ndefiling a place of \r\nworship or sacred \r\nobject with intent \r\nto insult the \r\nreligion of any \r\nclass of persons. \r\nMay arrest \r\nwithout \r\nwarrant. \r\nSummons.. Bailable \r\n.. \r\nNot \r\ncompound-\r\nable. \r\nImprisonment of either \r\ndescription for 2 years, or \r\nfine, or both. \r\n1[* * * ] \r\nMagistrate of the \r\nfirst or second \r\nclass. \r\n \r\nPage 233 of 307 \r\n \r\n1\r\n[295A Maliciously \r\ninsulting the \r\nreligion or the \r\nreligious beliefs of \r\nany class. \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant .. Not \r\nbailable. \r\nNot \r\ncompound-\r\nable. \r\nImprisonment \r\nof either \r\ndescription \r\nfor 2[10] year, \r\nor fine, or \r\nboth.  \r\n3\r\n[Magistrate \r\nof the first \r\nclass]] \r\n4\r\n[295B. Defiling, etc., of \r\ncopy of Holy \r\nQuran. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nDitto .. Ditto .. Ditto .. Imprisonment \r\nfor life \r\nCourt of \r\nSession. \r\n295C. Use of derogatory \r\nremarks, etc., in \r\nrespect of the \r\nHoly Prophet. \r\nDitto .. Ditto .. Ditto .. Ditto .. Death, or \r\nimprisonment \r\nfor life and \r\nfine. \r\nCourt of \r\nSession \r\nwhich shall \r\nbe presided \r\nover by a \r\nMuslim.] \r\n296 Causing a \r\ndisturbance to an \r\nassembly engaged \r\nin religious \r\nworship. \r\n1\r\n[May \r\narrest \r\nwithout \r\nwarrant.] \r\n1\r\n[Summons] \r\n1\r\n[Bailable] \r\n1\r\n[Not \r\ncompound\r\n-able.] \r\nImprisonment \r\nof either \r\ndescription \r\nfor one \r\nyear or fine, \r\nor both. \r\n1\r\n[\r\n5\r\n[* * * ] \r\nMagistrate \r\nof the first \r\nor second \r\nclass.] \r\n297 Trespassing in \r\nplace of worship or \r\nsepulture,disturbing \r\nfuneral with inten­ \r\ntion to wound the \r\nfeelings or to insult \r\nthe religion of \r\nany person,  or \r\noffering indignity \r\nto \r\na human corpse. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription \r\nfor one year, \r\nor fine, or \r\nboth. \r\nDitto .. \r\n \r\n \r\n \r\n \r\n1Ins. and subs. by the Criminal Law Amendment Act, 1927 (XXV of 1927), s.3. \r\n2Subs. by Act No. XVI of 1991, s.3. \r\n3Subs. by the Law Reforms Ordinance, 1972 (XII of 1972) , s. 2 and Sch., for “Court of Session”. \r\n4Ins. by the Criminal Law (Amdt.) Act, 1986 (III of 1986), s.3. \r\n5The “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, Sch.  \r\n \r\nPage 234 of 307 \r\n \r\n298 Uttering any word or \r\nmaking any sound in \r\nthe hearing, or \r\nmaking any gesture, \r\nor placing any object \r\nin the sight , of any \r\nperson, with in­ \r\ntention to wound his \r\nreligious feeling. \r\nShall \r\nnot \r\narrest \r\nwithout \r\nwarran. \r\nDitto .. Ditto .. Compound\r\n-able. \r\n1\r\n[imprisonment of \r\neither description for a \r\nterm which may extend \r\nto three years but shall \r\nnot be less than one \r\nyear, or with  fine , or \r\nwith both.] \r\nDitto . \r\n2\r\n[298A Use of derogatory \r\nremarks, etc., in \r\nrespect of holy \r\npersonage's. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nDitto .. Ditto .. Not \r\ncompound-\r\nable. \r\nImprisonment of either \r\ndrescription for three \r\nyears or fine, or both. \r\nDitto .] \r\n3[298B Misuse of epithets,  \r\ndiscriptions and tiltes, \r\netc.,reserved for \r\ncertain holy \r\npersonages or places. \r\nDitto .. Ditto .. Not \r\nBailable. \r\nDitto .. Imprisonment of either \r\ndescription for three \r\nyears, and fine. \r\nDitto . \r\n298C Person of Quadiani \r\ngroup , etc., calling \r\nhimself a  muslim or \r\npreaching or \r\npropagating his faith. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto.] \r\nCHAPTER XVI.__ OFFENCES AFFECTING THE HUMAN BODY \r\nOf offences affecting Life \r\n \r\n4\r\n[302 Qatl­i­amd May \r\narrest \r\nwithout \r\nwarrant \r\nWarrant Not \r\nbailable. \r\nCompound\r\n-able. \r\nQisas, or death, \r\nimprisonment  for life or \r\nimprisonment upto \r\ntwenty­five years \r\nCourt of \r\nSession. \r\n303 (a) Qatl under ikrah­i­ \r\ntam. \r\nDitto .. Ditto..  Ditto .. Ditto .. Impriosnment of either \r\ndescription for \r\ntwenty­five  years but not \r\nless than ten years. \r\n \r\n \r\nDitto . \r\n (b) Causing of ikrah­i­ \r\ntam for commission of \r\nqatl. \r\nDitto .. Ditto..  Ditto .. Ditto .. Punishment provided for \r\nthe kind of qatl \r\ncommitted. \r\nDitto . \r\n (c) Qatl under Ikrah­i­ \r\nnaqis. \r\nDitto .. Ditto..  Ditto .. Ditto .. Punishment provided for \r\nthe kind of qatl \r\ncommitted. \r\nDitto .. \r\n (d) Causing ikrah­i­ \r\nnaqis for the \r\ncommission of qatl. \r\nDitto .. Ditto..  Ditto .. Ditto .. Imprisoment of either \r\ndescription for ten years. \r\nDitto .. \r\n \r\n1Subs. by Act No. IV of 2017, s.4 (2). \r\n2Ins. by the Code of Criminal Procedure (Third Amdt.) Ordinance, 1980 (XLV of 1980), s. 2. \r\n3Ins. by the Anti Islamic Activities of  Quadiani Group Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, 1984 (XX of 1984),s.5 \r\n4Subs. by Act No. II of 1997, s.17. \r\n \r\nPage 235 of 307 \r\n \r\n308 Qatl­i­amd not \r\nliable to qisas. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nwarrant. Not \r\nBailable. \r\nCompound-\r\nable. \r\nDiyat, and imprisonment \r\nof either description for \r\n1\r\n[twenty five years]. \r\nCourt of \r\nSession. \r\n2\r\n[310 A Giving a female \r\nforcefully in \r\nMarriage or \r\notherwise in \r\nbadl­i­sulh, \r\nwanni or swara. \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant\r\n. \r\nNot \r\nBailable \r\nNot \r\nCompound-\r\nable. \r\nImprisonment of either \r\ndescription which may \r\nextend to 7 years but shall \r\nnot be less than 3 years  \r\nand fine of rupees \r\n500,000/­ \r\nCourt of \r\nsessions or \r\nMagistrate \r\nof first \r\nclass.] \r\n311 Qatl­i­amd \r\nwhen waived \r\ncompounded. \r\nDitto .. Ditto .. Ditto .. 1\r\n[Compound\r\n-able] \r\n3[Death  or imprisonment \r\nfor life  or imprisonment \r\nof  either description \r\nfor a term which may \r\nextend to fourteen years as \r\nta'zir, or  if the offence \r\nhas been committed in the \r\nname or on the pretext of \r\nhonour, imprisonment for \r\nlife]. \r\nDitto . \r\n312 Qatl­i­amd after \r\ncompounding of \r\nqisas etc. \r\nDitto .. Ditto .. Ditto .. Ditto.. Qisas or diyat. Ditto . \r\n316 Qatl Shibh­i­ \r\namd. \r\nDitto .. Ditto .. Ditto .. Ditto..\r\n. \r\nDiyat, and impriosnment \r\nof either description for \r\nfourteen years. \r\nDitto . \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by Act No. I of 2005, s. 16.  \r\n2Subs. by Act No. XXVI of 2011, s. 5.  \r\n3subs. by Act No. XLIII of 2016,s.9. \r\n  \r\n \r\nPage 236 of 307 \r\n \r\n319 Qatl­i­ khata Ditto Ditto Bailable Ditto Diyat, and \r\nimprisonment \r\nof either \r\ndescription for  \r\nfive years. \r\nDitto \r\n320 Qatl­i­ khata  by \r\nrash or negligent \r\ndriving. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant Bailable Compoundable Diyat, and \r\nimprisonment \r\nof either \r\ndescription for \r\nten years. \r\nDitto \r\n322 Qatl­bis­ sabab. Ditto Ditto Not \r\nbailable \r\nDitto Diyat Ditto \r\n324 Attempt to qatl­i­ \r\namd \r\nDitto Ditto Ditto Ditto Imprisonment \r\nof either \r\ndescription for \r\nten years, 1[but  \r\nshall not be less \r\nthan five years \r\nif the offence \r\nhas been \r\ncommitted in \r\nthe name or on \r\nthe pretext of \r\nkaro kari, siyah \r\nkari or similar \r\nother customs \r\nor practices] \r\nand fine, qisas, \r\nor arsh in  case \r\nof hurt and \r\nimprisonment \r\nupto seven \r\nyears. \r\nDitto \r\n2325 [* * * * * * *] \r\n327 Being a thug. May \r\narrest \r\nwithout \r\nwarrant \r\nWarrant Not \r\nbailable \r\nNot \r\nCompoundable \r\nImprisonment \r\nfor life and \r\nfine. \r\nCourt of \r\nSession. \r\n \r\n \r\n \r\n1Ins. by Act No. I of 2005, s. 16. \r\n2Omitted by Act No. XXXVII of 2022,s.3. \r\n \r\nPage 237 of 307 \r\n \r\n328 Exposure of a child \r\nunder 12 years of \r\nage by parent or \r\nperson having care \r\nof it with intention of \r\nwholly abandoning \r\nit. \r\nDitto.. Ditto Ditto.. Ditto.. Imprisonment of either \r\ndescription for seven \r\nyears, or fine, or both. \r\nCourt of \r\nSession or \r\nMagistrate \r\nof the first \r\nclass. \r\n1[328A Cruelty to a Child May \r\narrest \r\nwithout \r\nwarrant \r\nWarrant Bailable Compound\r\n-able \r\nImprisonment which  \r\nshall not be less than \r\none year and may \r\nextend to three years \r\nor with  fine which  \r\nshall not be less than \r\ntwenty­ five thousand \r\nrupees and may extend \r\nto fifty thousand rupees \r\nor with both. \r\nMagistrate \r\nof the first \r\nclass.] \r\n329 Concealment of birth \r\nby secret disposal of \r\ndead body. \r\nDitto.. Ditto.. Bailable Ditto.. Imprisonment of either \r\ndescription for two \r\nyear, or fine, or both. \r\nMagistrate \r\nof the first \r\nclass. \r\n334 Itlaf­i­udw. Ditto.. Ditto.. Not \r\nbailable \r\nCompound-\r\nable \r\nQisas,  or arsh, and \r\nimprisonment of either \r\ndescription for ten \r\nyears. \r\nCourt of \r\nSession. \r\n336 Itlaf­i­salahiyyat­ \r\ni­udw. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant Not \r\nbailable. \r\nCompound-\r\nable \r\nQisas,  or arsh, and \r\nimprisonment of either \r\ndescription for ten \r\nyears. \r\nCourt of \r\nSession. \r\n2[336B Hurt caused by \r\nCorrosive Substances \r\nDitto.. Ditto.. Ditto.. Not \r\ncompound-\r\nable \r\nLife imprisonment or \r\nimprisonment  of either \r\ndescription for not less \r\nthen 14 years  and a  \r\nminimum fine  of one \r\none million rupees \r\nDitto..] \r\n \r\n \r\n \r\n \r\n \r\n1Ins. by Act No. X of 2016, s. 8. \r\n2Ins. by Act No. XXV of 2011, s. 4. \r\n  \r\n \r\nPage 238 of 307 \r\n \r\n337A (i) Shajjah­i­ \r\nkhafifah \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nSummons Bailable Compound-\r\nable \r\nDaman, and imprisonment \r\nof either description for two \r\nyears. \r\nMagistrate of \r\nthe first class. \r\n (ii) Shajjah­i­ \r\nmudihah. \r\nMay \r\narrest \r\nwithout \r\nwarrant \r\nWarrant Not \r\nbailable \r\nDitto. Qisas, or arsh, and \r\nimprisonment of either \r\ndescription for five years. \r\nCourt of \r\nSession or \r\nMagistrate of \r\nfirst class. \r\n (iii) Shajjah­i­ \r\nhashimah. \r\nDitto Ditto Ditto Ditto Arsh, and imprisonment of \r\neither description for ten \r\nyears. \r\nDitto \r\n (iv) Shajjah­i­ \r\nmunaqqilah. \r\nMay \r\narrest \r\nwithout \r\nwarrant \r\nWarrant Not \r\nbailable \r\nCoumpoun-\r\nable \r\nArsh, and imprisonment of \r\neither description for ten \r\nyears. \r\nCourt of \r\nSession or \r\nMagistrate of \r\nthe first class. \r\n (v) Shajjah­i­ \r\nammah. \r\nDitto Ditto Ditto Ditto Arsh, and imprisonment of \r\neither description for \r\nfourteen years. \r\nDitto. \r\n (vi) Shajjah­i­ \r\ndamighah. \r\nDitto.. Ditto.. Ditto.. Ditto.. Arsh, and imprisonment of \r\neither description for \r\nfourteen years. \r\nDitto. \r\n337D Jaifah. Ditto Ditto Ditto Ditto Arsh, imprisonment of \r\neither description for ten \r\nyears and punishment \r\nprovided for Itlaf­i­udw or \r\nItlaf­ i­salahiyyat­i­udw, if \r\ncaused. \r\nDitto \r\n337F (i) Damiyah. Shall \r\nnot \r\narrest \r\nwithout \r\nwarrant \r\nSummons Bailable Compound-\r\nable \r\nDaman, and imprisonment \r\nof either description for \r\none years. \r\nMagistrate of \r\nthe first class. \r\n (ii)Badi`ah May \r\narrest \r\nwithout \r\nwarrant \r\nWarrant Not \r\nbailable \r\nDitto.. Daman, and imprisonment \r\nof either description for \r\nthree years. \r\nDitto \r\n (iii) Mutalahimah. Ditto. Ditto. Ditto. Ditto. Daman, and imprisonment \r\nof either description for \r\nthree years. \r\nDitto \r\n (iv) Mudihah. Ditto. Ditto. Ditto. Ditto. Daman, and imprisonment \r\nof either description for \r\nfive years. \r\nCourt of \r\nSession or \r\nMagistrate of \r\nfirst class. \r\n \r\n  \r\n \r\nPage 239 of 307 \r\n \r\n (v) Hashimah. May \r\narrest \r\nwithout \r\nwarrant \r\nWarrant Not \r\nbailable \r\nCompound\r\n-able \r\nDaman, and \r\nimprisonment of \r\neither description for  \r\nfive years. \r\nCourt of \r\nSession or \r\nMagistrate of \r\nfirst class. \r\n (vi) Munaqqilah. Ditto.. Ditto.. Ditto.. Ditto.. Daman, and \r\nimprisonment of \r\neither description for \r\nseven years. \r\nDitto \r\n337G Hurt by rash or \r\nnegligent driving. \r\nDitto.. Ditto.. Bailable Ditto.. Arsh, or daman, and \r\nimprisonment of \r\neither description for \r\nfive years. \r\nDitto \r\n337H (1) Hurt by rash \r\nor negligent act. \r\nDitto.. Ditto.. Ditto.. Ditto.. Arsh, or daman, and \r\nimprisonment of \r\neither description for \r\nthree years. \r\nMagistrate of \r\nthe first class. \r\n (2) A rash or \r\nnegligent act to \r\nendanger human \r\nlife or personal \r\nsafety of others. \r\nShall \r\nnot \r\narrest \r\nwithout \r\nwarrant \r\nSummons Ditto.. Ditto.. Imprisonment of \r\neither description for \r\nthree months, or with \r\nfine,or with both. \r\nMagistrate of \r\nthe first or \r\nsecond class. \r\n337 I Hurt by \r\nmistake \r\n(khata). \r\nShall \r\nnot \r\narrest \r\nwithout \r\nwarrant \r\nSummons Bailable Compound\r\n-able \r\nArsh, or daman,  for \r\nthe kind of hurt \r\ncaused. \r\nMagistrate of \r\nthe first class. \r\n337J Hurt by \r\npoison. \r\nMay \r\narrest \r\nwithout \r\nwarrant \r\nWarrant Not \r\nbailable \r\nCompound\r\n-able \r\nArsh,or daman, \r\nprovided for the \r\nkind of hurt \r\ncaused and \r\nimprisonment of \r\neither description for \r\nten years. \r\nCourt of \r\nSession. \r\n \r\n \r\nPage 240 of 307 \r\n \r\n337K Hurt for \r\nextorting \r\nconfession \r\netc. \r\nMay \r\narrest \r\nwithout \r\nwarrant \r\nWarrant Not­ \r\nBailable \r\nCompound\r\n-able \r\nQaisas, arsh, or daman, \r\nprovided for the kind of \r\nhurt caused and \r\nimprisonment of either \r\ndescription for ten years. \r\nCourt of \r\nSession. \r\n337 L (a) Hurts other \r\nthan specified \r\nin sections \r\nhere­to­ \r\nbefore. \r\nDitto.. Ditto.. Ditto.. Ditto.. Daman, and imprisonment \r\nof either description for \r\nseven years. \r\nCourt of \r\nSession or \r\nMagistrate of \r\nthe first \r\nclass. \r\n (b) Other \r\nhurts not \r\ncovered \r\nhere­to­ \r\nbefore. \r\nShall \r\nnot \r\narrest \r\nwithout \r\nwarrant \r\nSummon\r\ns \r\nBailable Compound\r\n-able \r\nDaman, or imprisonment of \r\neither description for two \r\nyears or with both. \r\nMagistrate of \r\nthe first \r\nclass. \r\n337M Hurt not \r\nliable to \r\nqisas. \r\nDitto Ditto Ditto Ditto Arsh, ta'zir and punishment \r\nprovided for the kind of \r\nhurt caused. \r\nDitto \r\n337N Hurt where \r\nqisas cannot \r\nbe enforced. \r\nMay \r\narrest \r\nwithout \r\nwarrant \r\nWarrant Not \r\nbailable \r\nDitto Arsh, ta'zir  and punishment \r\nprovided for the kind of hurt \r\ncaused \r\n1\r\n[but ta'zir shall not \r\nbe less than one­ third of the \r\nmaximum imprisonment \r\nprovided for the  offence \r\nwhere the offender is a  \r\nprevious convict, habitual or \r\nhardened, desperate or  \r\ndangerous criminal or if the \r\noffence has been  committed \r\nby him in the name or on the \r\npretext of karo kari,  siyah \r\nkari or similar other customs \r\nor practices.] \r\nCourt of \r\nSession or \r\nMagistrate \r\nof \r\nthe first class. \r\n \r\n \r\n \r\n \r\n1Added by Act No. I of 2005, s. 16. \r\n  \r\n \r\nPage 241 of 307 \r\n \r\n338A (a) Isqat­i­ haml \r\nwith consent. \r\nMay \r\narrest \r\nwithout \r\nwarrant \r\nWarrant Not \r\nbailable \r\nCompound\r\n-able \r\nImprisonment of \r\neither description for \r\nthree years and \r\npunishment provided \r\nfor the kind of hurt or \r\ndeath, if caused. \r\nCourt of \r\nSession or \r\nMagistrate of \r\nthe first class. \r\n (b) Isqat­i­ haml \r\nwithout consent. \r\nMay \r\narrest \r\nwithout \r\nwarrant \r\nWarrant Not \r\nbailable \r\nCompound\r\n-able \r\nImprisonment of \r\neither description for \r\nten years and \r\npunishment provided \r\nfor the kind of hurt or \r\ndeath, if caused. \r\nCourt of \r\nSession or \r\nMagistrate \r\nof the first \r\nclass. \r\n338C Isqat­i­janin May \r\naresst \r\nwithout \r\nwarrant \r\nWarrant Not \r\nbailable \r\nCompound\r\n-able \r\nDiyat, ta'zir and \r\nImprisonment of either \r\ndescription for seven \r\nyears and punishment \r\nprovided for the kind \r\nof hurt or death, if \r\ncaused. \r\nCourt of \r\nSession or \r\nMagistrate of \r\nthe first \r\nclass.] \r\nOf Wrongful Restraint and Wrongful Confinement \r\n341 Wrongfully \r\nrestraining any \r\nperson. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nSummon \r\n.. \r\nBailable \r\n.. \r\nCompound\r\n-able.. \r\nSimple imprisonment \r\nfor 1 month, or fine of \r\n1\r\n[1500] rupees, or  \r\nboth. \r\n2[Any \r\nJudicial \r\nMagistrate]. \r\n \r\n \r\n \r\n1Subs. by Ord. No. LXXXVI of 2002, sec. 3, (Sch.-II). \r\n2Subs. by the Law Reforms Ordinance, 1972(XII of 1972), S.2 and Sch., item 210(vii)(a). \r\n  \r\n \r\nPage 242 of 307 \r\n \r\n342 Wrongfully confining any \r\nperson. \r\nDitto .. Ditto .. Ditto.. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n1 year, or fine \r\nof \r\n1\r\n[3000] \r\nrupees, or \r\nboth. \r\n2\r\n[* * * ] \r\nMagistrate of \r\nthe first or \r\nsecond class. \r\n343 Wrongfully confining for \r\nthree or more days. \r\nDitto .. Ditto .. Ditto.. 3\r\n[Compound\r\n-able when \r\npermission \r\nis given by \r\nthe Court \r\nbefore which \r\nthe \r\nprosecution \r\nis pending.] \r\nImprisonment \r\nof either \r\ndescription for \r\n2  years, or \r\nfine, or both. \r\nDitto . \r\n344 Wrongfully confining for \r\n10 or more days. \r\nDitto .. Ditto .. Ditto.. 3\r\n[Not \r\ncompound-\r\nable] \r\nImprisonment \r\nof either \r\ndescription for \r\n3 years, and \r\nfine. \r\n4\r\n[* * *] Magistrate \r\nof the first or \r\nsecond class. \r\n345 Keeping any person in \r\nwrongful confinement, \r\nknowing that a writ has \r\nbeen issued for his \r\nliberation. \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nDitto .. Ditto.. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n2 years, \r\nin addition to \r\nimprisonment \r\nunder any \r\nother section. \r\nDitto .. \r\n346 Wrongful confinement \r\nin secret. \r\nMay \r\narrest \r\nwithout \r\nwarrant\r\n. \r\nDitto .. Ditto.. 3\r\n[Compound\r\n-able when \r\npermission \r\nis given by \r\nthe Court \r\nbefore which \r\nthe \r\nprosecution \r\nis pending.] \r\nDitto .. Ditto .. \r\n \r\n \r\n \r\n \r\n1Subs. by Ord. No. LXXXVI of 2002, sec. 3, (Sch.-II). \r\n2The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, Sch. \r\n3Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 159, for the original entry. \r\n4The words “Court of Session or” omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch.  \r\n  \r\n \r\nPage 243 of 307 \r\n \r\n347 Wrongful confinement \r\nfor the  purpose of \r\nextorting property, or \r\nconstraining to an \r\nillegal act, etc. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nSummons .. Bailable .. \r\n1\r\n[Not \r\nCompound-\r\nable.] \r\nImprisonment \r\nof either  \r\ndescription for \r\n3 years,  and \r\nfine. \r\n2\r\n[* * *] \r\nMagistrate of \r\nthe first or \r\nsecond class. \r\n348 Wrongful confinement \r\nfor the purpose of \r\nextorting confession or \r\ninformation, or of \r\ncompelling restoration \r\nof property, etc. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. 2\r\n[* * *] \r\nMagistrate of \r\nthe first class. \r\nOf Criminal Force and Assault \r\n352 Assault or use of \r\ncriminal force \r\notherwise than on \r\ngrave provocation. \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nSummons Bailable .. Compound-\r\nable \r\nImprisonment \r\nof either  \r\ndescription for \r\n3 months, \r\nor fine of  \r\n4\r\n[1500] rupees, \r\nor both. \r\n3[Any \r\nJudicial \r\nMagistrate]. \r\n353 Assault or use of  \r\ncriminal force to  deter \r\na public  servant from  \r\ndischarge of his duty. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant.. Ditto .. Not \r\nCompound-\r\nable. \r\nImprisonment \r\nof either \r\ndescription for \r\n2 years,  or \r\nfine, or both. \r\n5\r\n[* * *] \r\nMagistrate of \r\nthe first or \r\nsecond class. \r\n354 Assault or use of \r\ncriminal force to a \r\nwoman with intent to \r\noutrage her modesty. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto . \r\n6\r\n[354A Assault or use of \r\ncriminal force to \r\nwomen and striping \r\nher of her clothes. \r\nDitto .. Ditto .. Not bailable Ditto .. 7[**] \r\nImprisonment \r\nfor life, and  \r\nfine. \r\nCourt of \r\nSession.] \r\n \r\n \r\n1Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 159, for the original entry.  \r\n2The words “Court of Session or” omitted by the Law Reform Ordinance, 1972 (XII of 1972),s.2 and Sch. \r\n3Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and sch., item 210(vii)(a). \r\n4Subs. by Ord. LXXXVI of 2002, sec. 3, (Sch.II). \r\n5The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, Sch.  \r\n6Ins. by the Criminal Law (Amdt.) Ordinance, 1984 (XXIV of 1984), s. 3. \r\n7Omitted by the Criminal Laws (Amdt.) Act, 2025 (Act No. XXVII of 2025), s. 4. \r\n  \r\n \r\nPage 244 of 307 \r\n \r\n355 Assault or criminal \r\nforce with intent to \r\ndishonour a person, \r\notherwise than on \r\ngrave and sudden \r\nprovocation. \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nSummons.. Ditto .. Compound-\r\nable. \r\nDitto .. Ditto .. \r\n356 Assault or criminal \r\nforce in attempt to \r\ncommit theft of \r\nproperty worn or \r\ncarried by a person. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant .. Not-\r\nbailable \r\nNot \r\ncompound-\r\nable. \r\nDitto .. 1[Any \r\nJudicial \r\nMagistrate]. \r\n357 Assault or use of \r\ncriminal force in \r\nattempt wrongfully \r\nto confine a person. \r\nDitto .. Ditto .. Bailable.. 2\r\n[Compound\r\nable when \r\npermission \r\nis given by \r\nthe Court \r\nbefore which \r\nthe \r\nprosecution \r\nis pending.] \r\nImprisonment \r\nof either \r\ndescription for \r\n1 year, or fine \r\nof \r\n3\r\n[3,000] \r\nrupees, or \r\nboth. \r\nDitto . \r\n358 Assault or use of \r\ncriminal force on \r\ngrave and sudden \r\nprovocation. \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nSummons.. Bailable Compound-\r\nable. \r\nSimple \r\nimprisonment \r\nfor 1 month, or \r\nfine of  \r\n2\r\n[600] \r\nrupees, or \r\nboth. \r\n1[Any \r\nJudicial \r\nMagistrate]. \r\nOf Kidnapping, Abduction, Slavery and Forced Labour  \r\n363 Kidnapping .. May \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant.. 2[Bail-\r\nable] \r\nNot \r\ncompound\r\n-able. \r\nImprisonment \r\nof either \r\ndescription for \r\n7 years, and  \r\nfine. \r\nCourt of \r\nSession, \r\n4\r\n[*  \r\n*] or \r\nMagistrate of \r\nthe first \r\nclass. \r\n \r\n \r\n \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and sch., item 210(vii)(a). \r\n2Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 159, for the original entry. \r\n3Subs. by Ord. LXXXVI of 2002, sec. 3, (Sch.II). \r\n4The words “Presidency Magistrate” omitted by A.O., 1949, Sch. \r\n  \r\n \r\nPage 245 of 307 \r\n \r\n364 Kidnapping or \r\nabducting in order to \r\nmurder. \r\nDitto  \r\n.. \r\nDitto \r\n.. \r\n1\r\n[Not \r\nbailable] \r\nDitto \r\n.. \r\n2\r\n[Imprisonment for life,] \r\nor rigorous imprisonment \r\nfor 10 years, and fine. \r\nCourt of \r\nSession. \r\n3\r\n[364A Kidnapping or \r\nabducting a person \r\nunder the \r\n4\r\n[age of \r\nfourteen.] \r\nDitto  \r\n.. \r\nDitto \r\n.. \r\nDitto .. Ditto \r\n.. \r\nDeath or imprisonment \r\nfor life or rigorous \r\nimprisonment for a term \r\nwhich may extend to 14 \r\nyears and shall not be \r\nless than 7 years. \r\nDitto.] \r\n365 Kidnapping or \r\nabducting with intent \r\nsecretly and \r\nwrongfully to \r\nconfine a person. \r\nDitto \r\n.. \r\nDitto \r\n.. \r\nDitto .. Ditto \r\n.. \r\nImprisonment of either \r\ndescription for 7 years, \r\nand fine. \r\nCourt of Session \r\n5\r\n[* *] or \r\nMagistrate of \r\nthe first class. \r\n4\r\n[365A Kidnapping or \r\nabduction for \r\nextorting any \r\nproperty or valuable \r\nsecurity, or \r\ncompelling any \r\nperson to comply \r\nwith any other \r\ndemand. \r\nDitto \r\n.. \r\nDitto \r\n.. \r\nDitto .. Ditto \r\n.. \r\n6\r\n[Death or \r\nimprisonment] for life \r\nand for­ feiture of \r\nproperty. \r\nCourt of \r\nSession.] \r\n7\r\n[365B Kidnapping, \r\nabducting or inducing \r\nwoman to compel for \r\nmarriage etc. \r\nDitto \r\n.. \r\nDitto \r\n.. \r\nDitto .. Ditto \r\n.. \r\nImprisonment for life \r\nand fine. \r\nDitto ..] \r\n366 Kidnapping or \r\nabducting a woman \r\nto compel her \r\nmarriage or to cause \r\nher defilement, etc. \r\nDitto \r\n.. \r\n \r\nDitto \r\n.. \r\nDitto .. Ditto \r\n.. \r\nImprisonment of either \r\ndescription for 10 years, \r\nand fine. \r\nCourt of \r\nSession. \r\n8\r\n[366A Procuration of minor \r\ngirl. \r\nDitto \r\n.. \r\n \r\nDitto \r\n.. \r\nDitto .. Ditto \r\n.. \r\nDitto .. Court of \r\nSession. \r\n366B Importation of girl \r\nfrom foreign \r\ncountry. \r\nDitto \r\n.. \r\n \r\nDitto \r\n.. \r\nDitto .. Ditto \r\n.. \r\nDitto .. Ditto .] \r\n \r\n \r\n \r\n1Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 159, for the original entry. \r\n2Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch., for “transportation for life” (w.e.f. 13­4­72). \r\n3Ins. by the Criminal Law (Amdt.) Act, 1973 (VI of 1973), s. 3 (w.e.f. 28­7­73.). \r\n4Subs. and Ins. by the Criminal Law (Amdt.) Act, 1989 (III of 1990), s. 4. \r\n5The words “Presidency Magistrate” omitted by A.O., 1949, Sch. \r\n6Subs. by Act No. II of 1991, s. 3. \r\n7Ins. by Act No. VI of 2006, s. 9 and Sch. II. \r\n8Ins. by the Indian Penal Code (Amdt.) Act, 1923 (XX of 1923), s. 4.  \r\n \r\nPage 246 of 307 \r\n \r\n367 Kidnapping or \r\nabducting in \r\norder to subject a \r\nperson to \r\ngrievous hurt, \r\nslavery, etc. \r\nDitto .. Ditto \r\n.. \r\nDitto .. Ditto .. Ditto.. Ditto .. \r\n1\r\n[367A Kidnapping or \r\nabducting in \r\norder to subject \r\nperson to \r\nunnatural lust. \r\nDitto .. Ditto \r\n.. \r\nDitto .. Ditto .. Death or rigorous imprisonment \r\nwhich may extend to twenty­five \r\nyears and fine. \r\nDitto.] \r\n368 Concealing or \r\nkeeping in \r\nconfinement a \r\nkidnapped \r\nperson. \r\nDitto .. Ditto \r\n.. \r\nDitto .. Ditto .. Punishment for kidnapping or \r\nabduction. \r\n2\r\n[Court of \r\nSession, \r\n3\r\n[* *] \r\nor Magistrate of \r\nthe first class.] \r\n369 Kidnapping or \r\nabducting a child \r\nwith intent to \r\ntake property \r\nfrom the person \r\nof such child. \r\nDitto .. Ditto \r\n.. \r\nDitto .. Ditto .. Imprisonment of either \r\ndescription for 7 years, and fine. \r\nDitto . \r\n4\r\n[369A Trafficking of \r\nhuman beings \r\nMay \r\narrest \r\nwithout \r\nwarrant \r\nWar-\r\nrant \r\nNot \r\nbail-\r\nable \r\nNot \r\ncompound-\r\nable \r\nImprisonment for a term which \r\nshall not be less than five years \r\nand may extend to seven years \r\nand liable to fine which shall not \r\nbe less than rupees five hundred \r\nthousand and may extend to \r\nrupees seven hundred thousand \r\nor with both. \r\nCourt of \r\nSessions.] \r\n370 Buying or \r\ndisposing of any \r\nperson as a slave. \r\nShall not \r\narrest \r\nwithout \r\nwarrant \r\nDitto \r\n.. \r\nBail-\r\nable \r\n.. \r\nDitto .. Ditto .. Court of \r\nSession. \r\n371 Habitual dealing \r\nin slaves. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nDitto \r\n.. \r\nNot \r\nbailable. \r\nDitto .. 5\r\n[Imprisonment for life,] or \r\nimprisonment of either \r\ndescription for 10 years, and \r\nfine. \r\nDitto . \r\n1\r\n[371A Selling person \r\nfor purposes of \r\nprostitution, etc. \r\nDitto .. Ditto \r\n.. \r\nDitto .. Ditto .. Imprisonment which may extend to \r\ntwenty­five years and fine. \r\nDitto . \r\n371B Buying person for \r\npurposes of \r\nprostitution etc. \r\nDitto .. Ditto \r\n.. \r\nDitto .. Ditto .. Imprisonment which may extend to \r\ntwenty­five years and fine. \r\nDitto .] \r\n \r\n1Ins. by Act No. VI of 2006, s. 9 and Sch. II. \r\n2Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 159, for the original entry. \r\n3The Word “Presidency Magistrate” omitted by A.O., 1949, Sch.   \r\n4Ins. by Act No. X of 2016, s. 8. \r\n5Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch., for “transportation for life” (w.e.f. 13­4­72). \r\n \r\n \r\nPage 247 of 307 \r\n \r\n372 Selling or  \r\nletting to  \r\nhire a  minor \r\nfor purposes \r\nof \r\nprostitution, \r\netc.  \r\nMay arrest \r\nwithout \r\nwarrant. \r\nWarrant \r\n.. \r\nNot \r\nbailable. \r\nNot \r\ncompound-\r\nable. \r\nImprisonment of either  \r\ndescription for 10 years,  and \r\nfine. \r\nCourt of  \r\nSession, \r\n1\r\n[* \r\n*] or \r\nMagistrate \r\nof the first  \r\nclass. \r\n373 Buying or \r\nobtaining \r\npossession \r\nof a minor \r\nfor the \r\nsame pur  \r\nposes. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto .. \r\n374 Unlawful \r\ncompulsory \r\nlabour. \r\n2\r\n[Shall not \r\narrest \r\nwithout \r\nwarrant.] \r\nDitto .. Bailable. Compound-\r\nable. \r\nImprisonment of either \r\ndescription for 1 year, or fine \r\nor both. \r\n3[Any \r\nJudicial \r\nMagistrate]. \r\n4\r\n[Of Rape] \r\n5[375A Gang Rape May arrest \r\nwithout \r\nwarrant \r\nNone \r\nrequired \r\nNot \r\nbailable \r\nNot \r\ncompound-\r\nable \r\nDeath or imprisonment  for \r\nthe remainder period of \r\nnatural life or  imprisonment \r\nfor life and fine \r\nCourt of \r\nSessions] \r\n5\r\n[376 Rape May arrest \r\nwithout \r\nwarrant.\r\n \r\nNone \r\nrequired \r\nNot \r\nbailable \r\nNot \r\ncompound-\r\nable \r\nDeath or imprisonment not \r\nless than ten years or more \r\nthan twenty -five years or \r\nimprisonment for the \r\nremainder period of natural \r\nlife and fine \r\nCourt of \r\nSessions] \r\n6\r\n[376A Disclosure \r\nof identity \r\nof the \r\nvictim \r\nDitto Ditto Ditto Ditto Imprisonment of either \r\ndescription upto three years \r\nand fine. \r\nDitto] \r\n \r\n \r\n1The word “Presidency Magistrate” omitted by A.O., 1949, Sch. \r\n2Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 159, for the original entry. \r\n3Subs. by the Law Reform Ordinance, 1972(XII of 1972), s.2 and sch., item 210(vii)(a). \r\n4Ins. by Act VI of 2006, s.9, Sch-II. \r\n5Ins. and sub. by Act LVI of 2021, s.5. \r\n6Ins. by Act No. XLIV of 2016, s.15. \r\n  \r\n \r\nPage 248 of 307 \r\n \r\n \r\n \r\nOf Unnatural Offence; \r\n377 Unnatural \r\noffences. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant. Not \r\nbailable \r\nNot \r\ncompoundable. \r\n1\r\n[Imprisonment for \r\nlife], or imprisonment \r\nof either description for \r\n10 years, and fine. \r\nCourt of Session, \r\n2\r\n[* *] or \r\nMagistrate of the \r\nfirst class. \r\n3\r\n[377B Sexual \r\nabuse \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant. Not \r\nbailable \r\nNot \r\ncompounable \r\n4[Imprisonment of \r\neither description for \r\na term which shall not \r\nbe less than fourteen \r\nyears and may extend \r\nup to twenty years \r\nand with fine which \r\nshall not be less than  \r\none million rupess.] \r\nCourt of Sessions.] \r\nCHAPTFR XVII.  __OFFENCES AGAINST \r\nPROPERTY \r\nOf Theft \r\n379 Theft . May arrest \r\nwithout \r\nwarrant. \r\nWarrant.. Not \r\nbailable \r\nNot \r\ncompoundable. \r\nImprisonmen\r\nt of either \r\ndescription \r\nfor 3 years, \r\nor fine, or \r\nboth. \r\n5[Any Judicial \r\nMagistrate]. \r\n380 Theft in a \r\nbuilding, tent \r\nor vessel. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonmen\r\nt of either \r\ndescription \r\nfor 7 years, \r\nand fine. \r\nDitto .. \r\n381 Theft by \r\nclerk or \r\nservant of \r\nproperty in \r\npossession \r\nof master or \r\nemployer. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto \r\n.. \r\nCourt of \r\nSession, \r\n2\r\n[*  *] \r\nor Magistrate \r\nof the first or \r\nsecond class. \r\n6\r\n[381A Theft of a \r\ncar or other \r\nmotor \r\nvehicle. \r\nDitto .. Ditto .. Ditto .. Ditto .. Impriosment \r\nof either \r\ndescription \r\nfor 7 years \r\nand fine. \r\nCourt of Session \r\nor Magistrate of \r\nthe first class] \r\n \r\n1Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch., for “transportation for life” (w.e.f. 13472). \r\n2The words “Presidency Magistrate” omitted by A.O., 1949. Sch. \r\n3Ins. by Act No. X of 2016, s. 8. \r\n4Subs. by Act No. XXVII of 2018,s.4. \r\n5Subs. by the Law Reform Ordinance, 1972(XII of 1972), s.2 and sch., item 210(vii)(a). \r\n6Ins. by Act No. I of 1996, s. 3. \r\n \r\n \r\nPage 249 of 307 \r\n \r\n \r\n \r\n \r\n \r\n1The words “Presidency Magistrate” omitted by A.O., 1949, Sch. \r\n2This item has been amended in its application to the Province of Sind by the Code of Criminal Procedure (Sind Amdt.) Act, 1950 (Sind Act 23 of \r\n1950). \r\n3The words “Court of Session or” omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n \r\n382 Theft, preparation \r\nhaving been made for \r\ncausing death, or hurt, \r\nor restraint, or fear of \r\ndeath, or of hurt or of \r\nrestraint, in order to the \r\ncommitting of such \r\ntheft, or to retiring after \r\ncommitting it, or to \r\nretaining property \r\ntaken by it. \r\nMay arrest \r\nwithout \r\nwarrant. \r\nWarrant Not \r\nbailable. \r\nNot \r\ncompound-\r\nable. \r\nRigorous \r\nimprisonmen\r\nt for 10 \r\nyears, and \r\nfine. \r\nCourt of \r\nSession, \r\n1\r\n[* *] \r\nor Magistrate \r\nof the first \r\nclass. \r\nOf Extortion \r\n2\r\n[384 Extortion. Shall not \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant \r\n. \r\nBailable Not \r\ncompound-\r\nable. \r\nImprisonme\r\nnt of either \r\ndescription \r\nfor 3 years, \r\nor fine, or \r\nboth. \r\n3\r\n[* * *] \r\nMagistrate of \r\nthe first or \r\nsecond class. \r\n2\r\n[385 Putting or attempting \r\nto put in fear of \r\ninjury, in order to \r\ncommit extortion. \r\nDitto .. Ditto .. Ditto .. Ditto Imprisonme\r\nnt of either \r\ndescription \r\nfor 2 years, \r\nor fine, or \r\nboth. \r\nDitto.. \r\n2\r\n[386 Extortion by putting a \r\nperson in fear of \r\ndeath or grievous  \r\nhurt. \r\nDitto .. Ditto .. Not \r\nbailable. \r\nDitto .. Imprisonment \r\nof either \r\ndescription for \r\n10 years, and \r\nfine. \r\nCourt of Session. \r\n2\r\n[387 Putting or attempting \r\nto put a person in fear \r\nof death or grievous \r\nhurt in order to \r\ncommit extortion. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonme\r\nnt of either \r\ndescription \r\nfor 7 years, \r\nand fine. \r\nDitto . \r\n \r\nPage 250 of 307 \r\n \r\n388 Extortion by threat of \r\naccusation of an offence \r\npunishable with death, \r\n1\r\n[imprisonment for life] or \r\nimprisonment for 10 years. \r\nDitto .. Ditto .. 2\r\n[Ditto.] Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n10 years , and \r\nfine. \r\nDitto . \r\n If the offence threatened be an \r\nunnatural offence. \r\nDitto .. Ditto .. Ditto .. Ditto .. 1\r\n[Imprisonment \r\nfor life.] \r\nDitto . \r\n389 Putting a person in fear of \r\naccusation of offence punish  \r\nable with death, \r\n1\r\n[imprisonment \r\nfor life], or with imprisonment \r\nfor 10 years, in order to commit \r\nextortion. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n10 years, and \r\nfine. \r\nDitto . \r\n If the offence be an unnatural \r\noffence. \r\nDitto .. Ditto .. Ditto .. Ditto .. 1\r\n[Imprisonment \r\nfor life.] \r\nDitto . \r\nCHAPTER XVII.__ OFFENCES AGAINST PROPERTY__ contd. \r\nOf Robbery and Dacoity \r\n392 Robbery May \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant Not \r\nbailable. \r\nNot \r\ncompoundable. \r\n- \r\nRigorous \r\nimprisonment \r\nfor 10 years, \r\nand fine. \r\nCourt of \r\nSession, \r\n3\r\n[* \r\n*] or \r\nMagistrate of \r\nthe first class \r\n If committed on the highway \r\nbetween sunset and sunrise. \r\nDitto .. Ditto .. Ditto .. Ditto .. Rigorous \r\nimprisonment \r\nfor 14 years, \r\nand fine. \r\nDitto .. \r\n393 Attempt to commit robbery. Ditto .. Ditto .. Ditto .. Ditto .. Rigorous \r\nimprisonment \r\nfor 7 years, \r\nand fine. \r\nDitto.. \r\n \r\n \r\n \r\n \r\n1Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch., for “transportation for life” (w.e.f. 13472). \r\n2Subs. by the Code of Criminal Procedure (Amdt.) Act, 1973 (LVII of 1973), s. 4, for “Bailable” (w.e.f. 29673). \r\n3The words “Presidency Magistrate” omitted by A.O., 1949. Sch. \r\n \r\nPage 251 of 307 \r\n \r\n394 Person voluntarily causing \r\nhurt in committing or \r\nattempting to commit \r\nrobbery, or any other \r\nperson jointly concerned \r\nin such robbery. \r\nDitto . Ditto .. Ditto .. Ditto .. 1\r\n[Imprisonment \r\nfor life], or \r\nrigorous \r\nimprisonment \r\nfor 10 years, \r\nand fine. \r\nDitto . \r\n395 Dacoity .. Ditto . Ditto .. Ditto \r\n.. \r\nDitto .. Ditto .. Court of \r\nSession. \r\n396 Murder in dacoity. Ditto . Ditto .. Ditto .. Ditto .. Death, \r\n1\r\n[imprisonemnt \r\nfor life], or \r\nrigorous \r\nimprisonment \r\nfor 10 years, \r\nand fine. \r\nDitto . \r\n397 Robbery or dacoity, with \r\nattempt to cause death  or \r\ngrievous hurt. \r\nDitto . Ditto .. Ditto .. Ditto .. Rigorous \r\nimprisonment \r\nfor not less \r\nthan 7 years. \r\nDitto . \r\n398 Attempt to commit \r\nrobbery or dacoity when \r\narmed with deadly \r\nweapon. \r\nDitto . Ditto .. Ditto .. Ditto .. Ditto .. Ditto . \r\n399 Making preparation to \r\ncommit dacoity. \r\nDitto . Ditto .. Ditto .. Ditto .. Rigorous \r\nimprisonment \r\nfor 10 years, \r\nand fine. \r\nDitto . \r\n400 Belonging to a gang of \r\npersons associated for the \r\npurpose of habitually \r\ncommitting dacoity. \r\nDitto . Ditto .. Ditto .. Ditto .. 1\r\n[Imprisonment \r\nfor life], or \r\nrigorous \r\nimprisonment \r\nfor 10 years, \r\nand fine. \r\nDitto . \r\n \r\n \r\n1Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch., for “transportation for life” (w.e.f. 13472). \r\n  \r\n \r\nPage 252 of 307 \r\n \r\n \r\n1The words “Presidency Magistrate” omitted by A.O., 1949, Sch. \r\n2 Ins. by Criminal Laws (Amendment) Act,2025 (Act No. XXVII of 2025), s.4 \r\n3Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 159, for the original entry. \r\n4Subs. by the Law Reforms Ordinance, 1972(XII of 1972), s. 2 and Sch., item 210(vii)(a).   \r\n5The words “Court of Session, or” omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. (for further clarity on this provision, the \r\noriginal source i.e. the Gazette Notification of the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch., item (210) (vii) (f) may be perused. \r\n6The figures “405” rep. by Act No. XVIII of 1923, s. 159. \r\n7Subs. by Ordinance XII of 1972, s. 2 and Sch., for “Ditto”. \r\n \r\n401 Belonging to a \r\nwandering gang of \r\npersons associated \r\nfor the purpose of \r\nhabitually \r\ncommitting thefts. \r\nDitto Ditto .. Ditto .. Ditto .. Rigorous \r\nimprison-\r\nment for 7 \r\nyears, and \r\nfine. \r\nCourt of Session, \r\n1\r\n[* *] or \r\nMagistrate of the \r\nfirst class. \r\n402 Being one of five \r\nor more persons \r\nassembled for the \r\npurpose of \r\ncommitting             \r\ndacoity. \r\nDitto Ditto .. Ditto .. Ditto .. Ditto .. Court of Session. \r\n2[402-\r\nC \r\nPunishment for \r\nharbouring \r\nhighjacker, etc. \r\nMay \r\narrest \r\nwithout \r\nwarrant \r\nWarrant Not \r\nbailable \r\nNot \r\ncompoundable \r\nImprison-\r\nment for \r\nlife and \r\nfine \r\nCourt of Session] \r\n   Of Criminal Misappropriation of Property \r\n403 Dishonest \r\nmisappropriation of \r\nmoveable property, \r\nor converting it to \r\none's own use. \r\nShall \r\nnot \r\narrest \r\nwithout \r\nwarrant\r\n. \r\nWarrant \r\n.. \r\nBailable \r\n.. \r\n3[Compound-\r\nable when \r\npermission is \r\ngiven by the \r\nCourt before \r\nwhich the \r\nprosecution is \r\npending.] \r\nImprison-\r\nment of \r\neither \r\ndescription \r\nfor 2  years, \r\nor fine, or \r\nboth. \r\n4[Any Judicial \r\nMagistrate]. \r\n404 Dishonest \r\nmisappropriation of \r\nproperty, knowing \r\nthat it was in \r\npossession of a \r\ndeceased person at \r\nhis death, and that \r\nit has not since \r\nbeen in the \r\npossession of any \r\nperson legally  \r\nentitled to it. \r\nDitto .. Ditto .. Ditto .. Not \r\ncompound-\r\nable. \r\nImprison-\r\nment of \r\neither \r\ndescription \r\nfor 3 years, \r\nand fine. \r\n5\r\n[* * * ] Magistrate \r\nof the first or second \r\nclass. \r\n6\r\n[*] If by clerk or \r\nperson employed \r\nby deceased. \r\nDitto .. Ditto .. Ditto .. Ditto .. 3\r\n[Imprisonm\r\nent of either \r\ndescription \r\nfor 7 years, \r\nand fine.] \r\n7\r\n[Court of Session or \r\nMagistrate of the first \r\nclass.] \r\n \r\nPage 253 of 307 \r\n \r\nOf Criminal Breach of Trust \r\n406 Criminal breach \r\nof trust. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant.. Not \r\nbailable. \r\nNot \r\ncompound-\r\nable. \r\nImprisonment of \r\neither description \r\nfor 3 years, or fine, \r\nor both. \r\n1\r\n[* * *] \r\nMagistrate of \r\nthe first or \r\nsecond class. \r\n407 Criminal breach \r\nof trust by a \r\ncarrier, \r\nwharfinger, etc. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither description \r\nfor 7 years, and \r\nfine. \r\nCourt of \r\nSession, \r\n2\r\n[**] \r\nor Magistrate \r\nof the first \r\nclass. \r\n408 Criminal breach \r\nof trust by a clerk \r\nor servant. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Court of \r\nSession, \r\n2\r\n[**] \r\nor Magistrate \r\nof the first or \r\nsecond class. \r\n409 Criminal breach \r\nof trust by public \r\nservant or by \r\nbanker, merchant \r\nor agent, etc. \r\nDitto .. Ditto .. Ditto .. Ditto .. 3[Imprisonment for \r\nlife] or imprisonment \r\nof either description \r\nfor 10 years, and \r\nfine. \r\nCourt of \r\nSession, \r\n2\r\n[* *] \r\nor Magistrate of \r\nthe first class. \r\nOf the Receiving of Stolen Property  \r\n411 Dishonestly \r\nreceiving stolen \r\nproperty, \r\nknowing it to be \r\nstolen. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant.. Not \r\nbailable. \r\nNot \r\ncompound-\r\nable. \r\nImprisonment of \r\neither description \r\nfor 3 years, or fine, \r\nor both. \r\n1\r\n[* * * ] \r\nMagistrate of \r\nthe first or \r\nsecond class. \r\n412 Dishonestly \r\nreceiving stolen \r\nproperty, \r\nknowing that it \r\nwas obtained \r\nby dacoity. \r\nDitto .. Ditto .. Ditto .. Ditto .. 3\r\n[Imprisonment for \r\nlife], or rigorous \r\nimprisonment for 10 \r\nyears, and fine. \r\nCourt of \r\nSession. \r\n413 Habitually \r\ndealing in stolen \r\nproperty. \r\nDitto .. Ditto .. Ditto .. Ditto .. 3\r\n[Imprisonment for \r\nlife], or \r\nimprisonment of \r\neither description for \r\n10 years, and fine. \r\nDitto . \r\n \r\n1The words “Court of Session, or” omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n2The words “Presidency Magistrate” omitted by A.O., 1949, Sch. \r\n3Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch., for “transportation for life” (w.e.f. 13472). \r\n  \r\n \r\nPage 254 of 307 \r\n \r\n414 Assisting in \r\nconcealment or \r\ndisposal of stolen \r\nproperty, knowing it \r\nto be stolen. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n3 years or fine, \r\nor both. \r\n1\r\n[* * *] \r\nMagistrate \r\nof the first \r\nor second \r\nclass. \r\nOf Cheating \r\n417 Cheating Shall not \r\narrest \r\nwithout \r\nwarrant. \r\nWar-\r\nrant \r\n \r\nBailable .. 2\r\n[Compoundable \r\nwhen permission is \r\ngiven by the court \r\nbefore which the \r\nprosecution is \r\npending.] \r\nImprisonment \r\nof either \r\ndescription for \r\n1 year, \r\nor fine, or \r\nboth. \r\n3\r\n[* * * ] \r\nMagistrate \r\nof the first \r\nor second \r\nclass. \r\n418 Cheating a person \r\nwhose interest the \r\noffender was bound, \r\neither by law or by \r\nlegal contract, to \r\nprotect. \r\nDitto .. Ditto .. Ditto .. \r\n2\r\n[Compoundable \r\nwhen permission is \r\ngiven by  the Court \r\nbefore which the \r\nprosecution is \r\npending.] \r\nImprisonment \r\nof either \r\ndescription \r\nfor 3 years, \r\nor fine, or \r\nboth. \r\n1\r\n[* * *] \r\nMagistrate \r\nof the first \r\nor second \r\nclass. \r\n419 Cheating by \r\npersonation. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nDitto .. 4\r\n[Not \r\nbailable] \r\n2\r\n[Compoundable \r\nwhen permission is \r\ngiven by the Court \r\nbefore  which the \r\nprosecution is \r\npending.] \r\nDitto .... Ditto . \r\n420 Cheating and \r\nthereby \r\ndishonestly inducing \r\ndelivery of  property, \r\nor the making, \r\nalteration or  \r\ndestruction of a \r\nvaluable security. \r\nDitto .. Ditto.. Ditto.. \r\n2\r\n[Compoundable \r\nwhen permission is \r\ngiven by  the court \r\nbefore which  the \r\nprosecution is \r\npending.] \r\nImprisonment \r\nof either  \r\ndescription for 7 \r\nyears, \r\nand fine. \r\nCourt of \r\nSession, \r\n5\r\n[*  \r\n*] or \r\nMagistrate \r\nof the first \r\nclass. \r\n \r\n \r\n \r\n \r\n \r\n \r\n1The words “Court of Session, or” omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n2Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 159, for the original entry.  \r\n3The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, Sch. \r\n4Subs. by the Criminal Law (Amdt.) Ordinance, 1981 (XXXIII of 1981), s. 3, for “Ditto”. \r\n5The words “Presidency Magistrate” omitted by A.O., 1949, Sch. \r\n  \r\n \r\nPage 255 of 307 \r\n \r\nOf Fraudulent Deeds and Disposition of Property \r\n421 Fraudulent removal \r\nor concealment of \r\nproperty, etc., to \r\nprevent dis tribution \r\namong creditors. \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant \r\n.. \r\nBailable \r\n.. \r\nNot \r\nCompound\r\n-able. \r\nImprisonm\r\nent of \r\neither \r\ndescription \r\nfor 2  \r\nyears, or \r\nfine, or \r\nboth. \r\n1\r\n[* * * ] \r\nMagistrate \r\nof the first \r\nor second \r\nclass. \r\n422 Fraudulently \r\npreventing from \r\nbeing made available \r\nfor his creditors a \r\ndebt or demand due \r\nto the offender. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto . \r\n423 Fraudulent execution  \r\nof deed of transfer \r\ncontaining a false \r\nstatement of \r\nconsideration. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto . \r\n424 Fraudulent removal \r\nor concealment of \r\nproperty, of himself, \r\nor any other person, \r\nor assisting in the \r\ndoing thereof, or \r\ndishonestly \r\nreleasing any \r\ndemand or claim to \r\nwhich he is entitled. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto . \r\n \r\n \r\n \r\n \r\n1The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, Sch. \r\n  \r\n \r\nPage 256 of 307 \r\n \r\nOf Mischief \r\n426 Mischief .. Shall not \r\narrest \r\nwithout \r\nwarrant. \r\nSummons \r\n.. \r\nBailable \r\n.. \r\nCompoundable\r\nWhen the only \r\nloss or damage \r\ncaused is loss \r\nor damage to a \r\nprivate person. \r\nImprisonment \r\nof either \r\ndescription \r\nfor 3 months, \r\nor fine, or \r\nboth. \r\n1[Any \r\nJudicial \r\nMagistrate]. \r\n427 Mischief, and \r\nthereby causing \r\ndamage to the \r\namount of 50 \r\nrupees or up wards. \r\nDitto .. Warrant .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription \r\nfor 2  years, \r\nor fine, or \r\nboth \r\n2\r\n[* * *] \r\nMagistrate \r\nof the first \r\nor second \r\nclass. \r\n428 Mischief by killing, \r\npoisoning, maiming \r\nor rendering useless \r\nany animal of the \r\nvalue of 10 rupees \r\nor upwards. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nDitto .. Ditto .. Not \r\ncompound-\r\nable. \r\nDitto .. Ditto . \r\n429 Mischief by killing, \r\npoisoning, maiming \r\nor rendering useless \r\nany elephant, \r\ncamel, horse, etc., \r\nwhatever may be its \r\nvalue or any other \r\nanimal of the  value \r\nof 50 rupees or  \r\nupwards. \r\nMay arrest \r\nwithout \r\nwarrant. \r\nWarrant .. Bailable \r\n.. \r\nNot compound-\r\nable. \r\nImprisonment \r\nof either \r\ndescription \r\nfor 5  years, \r\nor fine, or \r\nboth. \r\nCourt of \r\nSession,\r\n3\r\n[* \r\n*] or \r\nMagistrate \r\nof the first \r\nor second \r\nclass. \r\n430 Mischief by causing \r\ndiminution of \r\nsupply of water for \r\nagricultural \r\npurpose, etc. \r\nDitto .. Ditto .. Ditto .. 4\r\n[Compound-\r\nable when \r\npermission is \r\ngiven by the \r\nCourt before \r\nwhich the \r\nprosecution is \r\npending.] \r\nDitto .. Ditto . \r\n \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972(XII of 1972), s. 2 and Sch., item 210(vii)(a). \r\n2The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, Sch. \r\n3The words “Presidency Magistrate” omitted by A.O., 1949, Sch. \r\n4Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 159, for the original entry. \r\n  \r\n \r\nPage 257 of 307 \r\n \r\n431 Mischief by injury to public \r\nroad, bridge, navigable \r\nriver, or navigable channel, \r\nand rendering it impassable \r\nor less safe for travelling or \r\nconveying property. \r\nDitto .. Ditto .. Ditto .. 1[Not \r\ncompound-\r\nable.] \r\nDitto .. Ditto . \r\n432 Mischief by causing \r\ninundation or obstruction \r\nto public drainage, \r\nattended with damage. \r\nDitto .. Ditto .. Ditto .. Ditto \r\n.. \r\nDitto .. Ditto . \r\n433 Mischief by destroying or \r\nmoving or rendering less \r\nuseful a lighthouse or \r\nsea-mark, or by exhibiting \r\nfalse lights. \r\nDitto .. Ditto .. Ditto .. Ditto \r\n.. \r\nImprisonment of \r\neither description for  \r\n7 \r\nyears, or fine, or both. \r\nCourt of \r\nSession. \r\n434 Mischief by destroying or \r\nmoving, etc, a land mark \r\nfixed by public authority. \r\nShall \r\nnot \r\narrest \r\nwithout \r\nwarrant \r\nDitto .. Ditto .. Ditto \r\n.. \r\nImprisonment of \r\neither description for \r\n1 year, or fine, or \r\nboth. \r\n2\r\n[* * * ] \r\nMagistrate \r\nof the first \r\nor second \r\nclass. \r\n435 Mischief  by fire or  \r\nexplosive substance  with \r\nintent to cause  damage to \r\namount of 100 rupees or  \r\nupwards, or, in  case of \r\nagricultural produce, 10 \r\nrupees or upwards. \r\nMay \r\narrest \r\nwithout \r\nwarrant \r\nDitto .. Ditto .. Ditto \r\n.. \r\nImprisonment of either \r\ndescription \r\nfor 7 years, and \r\nfine. \r\nCourt of  \r\nSession,\r\n3\r\n[* *] \r\nor \r\nMagistrate of \r\nthe first class.\r\n \r\n436 Mischief by fire or \r\nexplosive substance with \r\nintent to destroy, a house, \r\netc. \r\nMay \r\narrest \r\nwithout \r\nwarrant \r\nwarrant. Not \r\nbailable. \r\nNot \r\ncompound-\r\nable. \r\n4\r\n[Imprisonment for \r\nlife], or imprisonment \r\nof either description \r\nfor 10 years, and fine. \r\nCourt of \r\nSession.\r\n \r\n437 Mischief with intent to \r\ndestroy or make unsafe a \r\ndecked vessel or a vessel \r\nof 20 tons burden. \r\nDitto .. Ditto .. Ditto .. Ditto \r\n.. \r\nImprisonment of \r\neither description for \r\n10 years, and fine. \r\nDitto .\r\n \r\n438 The mischief described in \r\nthe last section when \r\ncommitted by fire or any \r\nexplosive substance. \r\nDitto .. Ditto .. Ditto .. Ditto \r\n.. \r\n4\r\n[Imprisonment for \r\nlife], or imprisonment \r\nof either description \r\nfor 10 years, and fine. \r\nDitto . \r\n \r\n1Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 159, for the original entry. \r\n2The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, Sch. \r\n3The words “Presidency Magistrate” omitted by A.O., 1949, Sch. \r\n4Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch., for “transportation for life” (w.e.f. 13-4-72). \r\n  \r\n \r\nPage 258 of 307 \r\n \r\n439 Running vessel \r\nashore with \r\nintent to commit \r\ntheft, etc. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of either \r\ndescription for 10 years, \r\nand fine. \r\n \r\nDitto .. \r\n440 Mischief \r\ncommitted after \r\npreparation made \r\nfor causing death, \r\nor hurt, etc. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of either \r\ndescription for 5 years, and \r\nfine. \r\nCourt of \r\nSession, \r\n1\r\n[*  \r\n*] or \r\nMagistrate of \r\nthe first class. \r\nOf Criminal Trespass \r\n447 Criminal trespass. May \r\narrest \r\nwithout \r\nwarrant. \r\nSummons.\r\n. \r\nBailable\r\n.. \r\nCompound-\r\nable. \r\nImprisonment of either \r\ndescription for 3 months, \r\nor fine of \r\n2\r\n[1500] rupees, \r\nor both. \r\n3[Any \r\nJudicial \r\nMagistrate]. \r\n448 House-trespass. Ditto .. Warrant .. Ditto .. Ditto .. Imprisonment of either \r\ndescription for one year, \r\nor fine of 2[3,000] rupees, \r\nor both. \r\nDitto . \r\n449 House-trespass in \r\norder to the \r\ncommission of an \r\noffence \r\npunishable with \r\ndeath. \r\nDitto .. Ditto .. Not \r\nbailable. \r\nNot \r\ncompound-\r\nable. \r\n4\r\n[Imprisonment for life], \r\nor rigorous imprisonment \r\nfor 10 years, and fine. \r\nCourt of \r\nSession. \r\n450 House-trespass in \r\norder to the \r\ncommission of an \r\noffence punishable \r\nwith \r\n4[Imprisonemnt \r\nfor life.] \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of either \r\ndescription for 10 years, \r\nand fine. \r\nDitto . \r\n451 House-trespass in \r\norder to the \r\ncommission of an \r\noffence punishable \r\nwith \r\nimprisonment. \r\nDitto .. Ditto .. Bailable \r\n.. \r\n5\r\n[Compound\r\n-able when \r\npermission \r\nis given by \r\nthe Court \r\nbefore which \r\nthe \r\nprosecution \r\nis pending.] \r\nImprisonment of either \r\ndescription for 2 years, \r\nand fine. \r\n3[Any \r\nJudicial \r\nMagistrate \r\n \r\n1The words “Presidency Magistrate” omitted by A.O., 1949, Sch. \r\n2Subs. by Ord. LXXXVI of 2002, s. 3 (Sch. II). \r\n3Subs. by the Law Reforms Ordinance, 1972(XII of 1972), s. 2 and Sch., item 210(vii)(a). \r\n4Subs. by the Criminal Procedure (Amdt.) Act, 1974 (25 of 1974), s. 2 and Sch., for “transportation for life” (w.e.f. 13-4-72). \r\n5Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 159, for the original entry. \r\n \r\nPage 259 of 307 \r\n \r\n451 If the offence is theft. May \r\narrest \r\nwithout \r\nwarrant.. \r\nWarrant \r\n.. \r\nNot \r\nbailable. \r\n1\r\n[Not \r\ncompound-\r\nable.] \r\nImprisonment \r\nof either \r\ndescription for \r\n7 years and  \r\nfine. \r\nCourt of \r\nSession, \r\n2\r\n[*  \r\n*] or \r\nMagistrate \r\nof the first \r\nor second \r\nclass. \r\n452 Housetrespass, having \r\nmade preparation for \r\ncausing hurt, assault, etc. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto . \r\n453 Lurking house trespass or \r\nhouse-breaking. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n2 years, and  \r\nfine. \r\n3\r\n[* * * ] \r\nMagistrate \r\nof the first \r\nor second \r\nclass. \r\n454 Lurking house -trespass or  \r\nhouse-breaking in order to \r\nthe commission of an \r\noffence punishable with \r\nimprisonment. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n3 years,  and \r\nfine. \r\n4\r\n[* * *] \r\nMagistrate of \r\nthe first or \r\nsecond class. \r\n If the offence is theft. Ditto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for  \r\n10 \r\nyears, and \r\nfine. \r\n5\r\n[Court of \r\nsession, or \r\nMagistrate \r\nof the first \r\nand second \r\nclass.] \r\n455 Lurking house -trespass or \r\nhouse breaking after \r\npreparation made for \r\ncausing hurt, assault, etc., \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Court of \r\nSession \r\n2\r\n[*  \r\n*] or \r\nMagistrate \r\nof the first \r\nclass. \r\n456 Lurking house -trespass or \r\nhouse-breaking by night. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n3 years, and  \r\nfine. \r\n4\r\n[* * *] \r\nMagistrate of \r\nthe first or \r\nsecond class. \r\n \r\n1Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 159, for the original entry. \r\n2The words “Presidency Magistrate” omitted by A.O., 1949, Sch. \r\n3The words “Presidency Magistrate” and by implication the word “or” omitted ibid. \r\n4The words “Court of Session, or” omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n5Subs. ibid., for “Ditto”. \r\n  \r\n \r\nPage 260 of 307 \r\n \r\n457 Lurking \r\nhouse-trespass or \r\nhouse-breaking by \r\nnight in order to the \r\ncommission of an \r\noffence pun ishable \r\nwith imprisonment. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of either \r\ndescription for 5 years, \r\nand fine. \r\n1\r\n[Court of \r\nsession, or \r\nMagistrate \r\nof the first \r\nclass.] \r\n If the offence is \r\ntheft. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither description for \r\n14 years, and fine \r\nDitto .. \r\n458 Lurking \r\nhouse-trespass or \r\nhouse-breaking by \r\nnight, after \r\npreparation for \r\ncausing hurt, etc. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Court of \r\nSession, \r\n2\r\n[*  \r\n*] or \r\nMagistrate \r\nof the first \r\nclass. \r\n459 3\r\n[Hurt] caused whilst \r\ncommitting lurking \r\nhouse-trespass \r\nor house-breaking. \r\nDitto .. Ditto .. Ditto .. Ditto .. 4\r\n[Impriosment for life], \r\nor imprisonment of \r\neither description for \r\nten years, and fine \r\n3[and  shall also be \r\nliable to the kind of qatl \r\ncommitted by him or \r\nhurt caused or \r\nattempted to cause]. \r\nCourt of \r\nSession \r\n460 3\r\n[Qatl or] hurt \r\ncaused by one of \r\nseveral persons \r\njointly concerned in \r\nhousebreaking by \r\nnight, etc. \r\nMay \r\narrest \r\nwithout \r\nwarrant\r\n. \r\nWarrant.. Not \r\nbailable. \r\nNot \r\ncompound\r\n-able. \r\n4[Impriosment for \r\nlife], or imprisonment \r\nof either description \r\nfor 10 years, and fine \r\n3[and shall also be \r\nliable to the kind of qatl \r\ncommitted by him or \r\nhurt caused or \r\nattempted to cause]. \r\nCourt of \r\nSession. \r\n461 Dishonestly breaking \r\nopen or unfastening \r\nany closed receptacle \r\ncontaining  or \r\nsupposed to \r\ncontain property. \r\nDitto.. Ditto \r\n.. \r\nBailable\r\n.. \r\nDitto .. Imprisonment of either \r\ndescription for 2 years, \r\nor fine, or both. \r\n5\r\n[* * * ] \r\nMagistrate \r\nof the first \r\nor second \r\nclass. \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. for “Ditto”. \r\n2The words “Presidency Magistrate” omitted by A.O., 1949, Sch. \r\n3Subs. and added by Act No. II of 1997, s. 17. \r\n4Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch., for “transportation for life” (w.e.f. 13-4-72). \r\n5The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, Sch. \r\n  \r\n \r\nPage 261 of 307 \r\n \r\n462 Being entrusted with \r\nany closed receptacle \r\ncontaining or supposed \r\nto contain any property, \r\nand fraudulently , \r\nopening the same. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither \r\ndescription for 3  \r\nyears, or fine, or \r\nboth. \r\n1\r\n[* * *] \r\nMagistrate of \r\nthe first or \r\nsecond class. \r\n2\r\n[CHAPTER XVII A OFFENCES RELATING TO OIL AND GAS \r\n462B Tampering with \r\npetroleum pipelines etc. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant.. Not \r\nbailable \r\nNot \r\ncompound\r\n-able \r\nRigorous \r\nimprisonment \r\nfor 14 years but \r\nnot less than 7 \r\nyears and fine \r\nupto ten million \r\nrupees. \r\nCourt of \r\nSessions. \r\n462C Tampering with \r\nauxiliary o r distribution \r\npipelines of petroleum. \r\nDitto .. Ditto .. Ditto .. Ditto .. Rigorous \r\nimprisonment \r\nfor 10 years but \r\nnot less than 5 \r\nyears and fine \r\nupto three \r\nmillion rupees. \r\nCourt of \r\nSessions. \r\n462D Tampering with gas \r\nmeter by domestic \r\nconsumer, etc. \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nDitto .. Bailable\r\n.. \r\nNot \r\ncompound\r\n-able. \r\nImprisonment \r\nupto 6 months \r\nor fine upto 100 \r\nthausands \r\nrupees or \r\nboth. \r\nMagistrate \r\nof first class. \r\n462E Tampering with gas \r\nmeter by industrial or \r\ncommercial consumer,  \r\netc. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nA warrant \r\nshall \r\nordinarily \r\nissued in \r\nthe first \r\nissuance. \r\nNot \r\nbailable. \r\nDitto .. Imprisonment \r\nfor 10 years but \r\nnot less than 5 \r\nyears or fine \r\nupto 5 million \r\nrupees or both. \r\nCourt of \r\nSessions. \r\n462F Damaging or destructing \r\nthe transmission or \r\ntransportation lines etc. \r\nDitto .. Ditto .. Ditto .. Not \r\ncompound\r\nable \r\nRigorous \r\nimprisonment \r\nfor 14 years but \r\nnot less than 7 \r\nyears and fine \r\nnot less than 1 \r\nmillion rupees. \r\nCourt of \r\nSessions.\r\n] \r\n \r\n1The words “Court of Session, or” omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n2Ins. by Act No. XX of 2011, s. 3. \r\n \r\n \r\n \r\n \r\nPage 262 of 307 \r\n \r\n1\r\n[CHAPTER XVII B. OFFENCES RELATING TO ELECTRICITY \r\n462H Abstraction or \r\ntampering etc, \r\nwith transmission \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nA warrant \r\nshall not \r\nordinarily \r\nissued in \r\nthe first \r\ninstance. \r\nNot \r\nbailable. \r\nNot \r\ncompound\r\n-able. \r\nRigorous \r\nimprisonment for \r\nthree years or \r\nwith fine upto ten \r\nmillion rupees or \r\nwith both. \r\nCourt of Session \r\ndesignated as \r\nElectricity \r\nUtilities Court. \r\n462I Abstraction or \r\ntampering etc., with \r\ndistribution or \r\nauxiliary. \r\nDitto .. Ditto .. Ditto .. Ditto .. Rigorous \r\nimprisonment for \r\nthree years or \r\nwith fine upto \r\nthree million \r\nrupees or with \r\nboth. \r\nDitto .. \r\n462J Interference, \r\nimproper use or \r\ntampering etc., with \r\nelectric meter by \r\ndomestic consumer, \r\netc. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nupto two years or \r\nfine upto one \r\nmillion rupees or \r\nwith both. \r\nDitto .. \r\n462K Interference, \r\nimproper use or \r\ntampering etc., with \r\nelectric meter  by \r\nindustrial or \r\ncommercial \r\nconsumer, etc. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment for \r\nthree years or \r\nwith fine upto six \r\nmillion rupees or \r\nwith both. \r\nDitto .. \r\n462L Interference, \r\nimproper use or \r\ntampering etc., with \r\nelectric meter by \r\nagricultural \r\nconsumer, etc. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment for \r\ntwo years or with \r\nfine upto two and \r\nhalf million \r\nrupees or with \r\nboth. \r\nDitto .. \r\n462M Damaging or \r\ndestroying the \r\ntransmission \r\nlines, distribution \r\nlines, electric, \r\nmeters etc. \r\nDitto .. Ditto .. Ditto .. Ditto .. Rigorous \r\nimprisonment for \r\nseven years and \r\nwith fine not less \r\nthan three million \r\nrupees. \r\nDitto ..] \r\n \r\n \r\n1Ins. by Act No. VI of 2016, s. 3. \r\n  \r\n \r\nPage 263 of 307 \r\n \r\nCHAPTER XVIII. __OFFENCES RELATING TO DOCUMENTS AND TO TRADE OF \r\nPROPERTY MARKS \r\n465 Forgery .. Shall \r\nnot \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant \r\n.. \r\nBailable .. Not \r\nCompound-\r\nable. \r\nImprisonment \r\nof either \r\ndescription for \r\n2 years, or \r\nfine, or both. \r\n1\r\n[* * *] \r\nMagistrat\r\ne \r\nof the \r\nfirst \r\nclass. \r\n466 Forgery of a record \r\nof a Court of \r\nJustice or of  a \r\nRegister of Births, \r\netc., kept by a \r\npublic servant. \r\nDitto .. Ditto .. Not \r\nbailable. \r\nDitto .. Imprisonment \r\nof either \r\ndescription for \r\n7 years, and \r\nfine. \r\nCourt of \r\nSession. \r\n467 Forgery of a \r\nvaluable security, \r\nwill or authority to \r\nmake or transfer \r\nany valuable \r\nsecurity, or to \r\nreceive any money, \r\netc. \r\nDitto .. Ditto .. Ditto .. Ditto .. 2\r\n[Imprisonment \r\nfor life], or \r\nimprisonment of \r\neither \r\ndescription for \r\n10 years and \r\nfine. \r\nDitto.. \r\n When the valuable \r\nsecurity is a \r\npromissory note of the  \r\n3[Federal \r\nGovernment]. \r\nMay \r\narrest \r\nwithout \r\nwarrant. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto.. \r\n468 Forgery for the \r\nPurpose of \r\ncheating. \r\nShall \r\nnot \r\narrest \r\nwithout \r\nwarrant. \r\nDitto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n7 years, and \r\nfine. \r\nCourt of \r\nSession \r\n4[* *] or \r\nMagistrate \r\nof the first \r\nclass. \r\n \r\n \r\n1The words “Court of Session, or” omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n2Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch., for “transportation for life” (w.e.f. 13-4-72). \r\n3Subs. by F.A.O., 1975 (P.O. No. 4 of 1975),Art. 2 and Table, for “Central Government” which has previously been amended by A.O.,1937, for “G of \r\nI.” \r\n4The words “Presidency Magistrate” omitted by A.O., 1949, Sch. \r\n  \r\n \r\nPage 264 of 307 \r\n \r\n469 Forgery for the purpose of \r\nharming the reputation of \r\nany person, or knowing that \r\nit is likely to  be  used for that \r\npurpose. \r\nDitto .. Ditto .. Bailable.. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n3 years, and \r\nfine. \r\n1\r\n[Magistrate \r\nof the first \r\nclass.] \r\n471 Using as genuine a forged \r\ndocument which is known to \r\nbe forged. \r\nShall \r\nnot \r\narrest \r\nwithout \r\nwarrant \r\nWarrant.\r\n. \r\nBailable.\r\n. \r\nNot \r\ncompound\r\n-able. \r\nPunishment for \r\nforgery of such \r\ndocument. \r\nSame Court \r\nas that by \r\nwhich the \r\nforgery is \r\ntriable. \r\n When the forged document is \r\na promissory note of the \r\n2[Federal Government.] \r\nMay \r\narrest \r\nwithout \r\nwarrant \r\nDitto .. Ditto .. Ditto .. Ditto .. Court of \r\nSession. \r\n472 Making or counterfeiting a \r\nseal, plate, etc., with intent \r\nto commit a forgery \r\npunishable under section \r\n467 of the Pakistan Penal \r\nCode, or possessing with \r\nlike intent any such seal, \r\nplate, etc., knowing the \r\nsame to be counterfeit. \r\nShall \r\nnot \r\narrest \r\nwithout \r\nwarrant\r\n. \r\nDitto .. 3\r\n[Not \r\nbailable] \r\nDitto .. 4\r\n[Imprisonment \r\nfor life], or \r\nimprisonment \r\nof either \r\ndescription for \r\n7 years, and \r\nfine. \r\nDitto . \r\n473 Making or counterfeiting a \r\nseal, plate, etc., with  intent \r\nto commit a forgery \r\npunishable otherwise than \r\nunder section 467 of the \r\nPakistan Penal Code, or \r\npossessing with like intent  \r\nany such seal, plate, etc., \r\nknowing the same to be \r\ncounterfeit. \r\nDitto .. Ditto .. Ditto \r\n.. \r\nDitto .. Imprisonment \r\nof either \r\ndescription for \r\n7 years and \r\nfine. \r\nDitto . \r\n474 Having possession of a \r\ndocument, knowing it to be \r\nforged,  with intent to use it \r\nas genuine; if the document \r\nis one of the description \r\nmentioned in section 466 of \r\nthe Pakistan Penal Code. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto . \r\n \r\n1Subs. by Ordinance XII of 1972, s. 2 and Sch., for “Ditto”. \r\n2Subs. by F.A.O., 1975, Art. 2 and Table for “Central Government” which was subs. by A.O.,1937, for “G. of I”. \r\n3Subs. by Act No. VII of 1993, s. 4. \r\n4Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch., for “transportation for life” (w.e.f. 13-4-72). \r\n  \r\n \r\nPage 265 of 307 \r\n \r\n If the document is one of \r\nthe description mentioned \r\nin section 467 of the \r\nPakistan Penal Code. \r\nDitto .. Ditto .. Ditto .. Ditto .. 1\r\n[Imprisonment \r\nfor life], or \r\nimprisonment of \r\neither \r\ndescription for 7 \r\nyears, and fine. \r\nDitto . \r\n475 Counterfeiting a device or \r\nmark used for \r\nauthenticating documents \r\ndescribed in section 467 \r\nof the  Pakistan Penal \r\nCode, or possessing \r\ncounterfeit marked \r\nmaterial. \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant.. Bailable.. Not \r\ncompound\r\n-able. \r\n1\r\n[Imprisonemnt \r\nfor life], or \r\nimprisonment of \r\neither \r\ndescription for 7 \r\nyears, and fine. \r\nCourt of \r\nSession. \r\n476 Counterfeiting a device or \r\nmark used for \r\nauthenticating documents \r\nother than those des cribed \r\nin section 467 of the \r\nPakistan Penal Code, or \r\npossessing counterfeit \r\nmarked material. \r\nDitto .. Ditto .. Not \r\nbailable. \r\nDitto .. Imprisonment of \r\neither \r\ndescription for 7 \r\nyears, and fine. \r\nDitto . \r\n477 Fraudulently destroying \r\nor defacing , or \r\nattempting to destroy or \r\ndeface, or secreting, a \r\nwill etc. \r\nDitto .. Ditto .. Ditto .. Ditto .. 1\r\n[Imprisonment \r\nfor life], or \r\nimprisonment of \r\neither \r\ndescription for 7 \r\nyears, and fine. \r\nDitto . \r\n477A Falsification of accounts. Ditto .. Ditto .. 2\r\n[Bailable]\r\n. \r\nDitto .. 2\r\n[Imprisonment \r\nof either \r\ndescription for \r\n7 years, or fine, \r\nor both.] \r\n2\r\n[Court of \r\nSession \r\n3\r\n[*  \r\n*] or \r\nMagistrate \r\nof the first \r\nclass.] \r\n \r\n \r\n1Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch., for “transportation for life” (w.e.f. 13-4-72). \r\n2Subs.by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 159, for the original entry. \r\n3The words “Presidency Magistrate” omitted by A.O., 1949, Sch. \r\n  \r\n \r\nPage 266 of 307 \r\n \r\nOf Trade and Property Marks \r\n482 Using a false \r\ntrade or property \r\nmark with intent \r\nto deceive or \r\ninjure any person. \r\nShall \r\nnot \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant.. Bailable.. 1[Compoundable \r\nwhen permission \r\nis given by the \r\ncourt before which \r\nthe prosecution is \r\npending.] \r\nImprisonment of \r\neither description \r\nfor 1 year, or fine, \r\nor both. \r\n2[* * *] \r\nMagistrate \r\nof the first \r\nor second \r\nclass. \r\n483 Counterfeiting a \r\ntrade or property \r\nmark used by \r\nanother, with \r\nintent to cause \r\ndamage or in  \r\njury. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither description \r\nfor 2  years, or \r\nfine, or both. \r\nDitto . \r\n484 Counterfeiting \r\na property  mark \r\nused by a public \r\nservant, or any \r\nmark used by him \r\nto denote the \r\nmanufacture, \r\nquality, etc., of \r\nany property. \r\nDitto .. Summons \r\n.. \r\nDitto .. \r\n1\r\n[Not \r\ncompoundable.] \r\nImprisonment \r\nof either  \r\ndescription \r\nfor 3 years, \r\nand fine. \r\n3\r\n[* * *] \r\nMagistrate \r\nof the first \r\nclass. \r\n485 Fraudulently \r\nmaking or having \r\npossession of  any \r\ndie, plate  or other \r\ninstrument for \r\ncounterfeiting \r\nany public or \r\nprivate property or \r\ntrade-mark. \r\nShall \r\nnot \r\narrest \r\nwithout \r\nwarrant. \r\nSummons Bailable Not \r\nCompoundable. \r\nImprisonment \r\nof either \r\ndescription \r\nfor 3 years, \r\nor fine, or \r\nboth. \r\n3\r\n[* * *] \r\nMagistrate \r\nof the first \r\nclass. \r\n486 Knowingly  Ditto .. Ditto .. Ditto .. \r\n1\r\n[Compoundable Imprisonment \r\n4\r\n[* * *] \r\n selling goods     with permission of either Magistrate \r\n marked with a     of the Court description of the first \r\n counterfeit    before which the for 1 year or or second \r\n property or \r\ntrade-mark. \r\n   prosecution is \r\npending.] \r\nfine, or both. class. \r\n \r\n \r\n \r\n1Subs.by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 159, for the original entry. \r\n2The words “Presidency Magistrate” and by implication the word “or” omitted, ibid. \r\n3The words “Court of Session, or” omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n4The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, Sch. \r\n  \r\n \r\nPage 267 of 307 \r\n \r\n487 Fraudulently making a \r\nfalse mark  upon any \r\npackage or receptacle \r\ncontaining goods, with \r\nintent to cause it to be \r\nbelieved that it contains \r\ngoods which it does not \r\ncontain, etc. \r\nDitto .. Ditto .. Ditto .. 1\r\n[Not \r\ncompound-\r\nable.] \r\nImprisonment of \r\neither \r\ndescription for 3 \r\nyears, or fine, or \r\nboth. \r\n2\r\n[* * *] \r\nMagistrate of the \r\nfirst or second \r\nclass. \r\n488 Making use of any \r\nsuch false mark. \r\nDitto .. Ditto .. Ditto .. Not \r\ncompound-\r\nable. \r\nDitto .. Ditto .. \r\n489 Removing, destroying \r\nor defacing any \r\nproperty-mark with \r\nintent to cause injury. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither description \r\nfor 1 year, or \r\nfine, or both. \r\n3\r\n[* * * ] \r\nMagistrate of \r\nthe first or \r\nsecond class. \r\n4\r\n[Of Currency-Notes and Bank -Notes \r\n489A Counterfeiting \r\ncurrency-notes or \r\nbank-notes. \r\nMay \r\narrest \r\nwithout \r\nwarrant\r\n. \r\nWarrant\r\n.. \r\nNot \r\nbailable. \r\nNot \r\ncompound-\r\nable. \r\n5\r\n[Imprisonment \r\nfor life] or \r\nimprisonment of \r\neither description \r\nfor 10 years, and \r\nfine. \r\nCourt of \r\nSession \r\n489B Using as genuine \r\nforged or counterfeit \r\ncurrency-notes or bank \r\nnotes. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto . \r\n489C Possession of forged or \r\ncounterfeit \r\ncurrency-notes or bank \r\nnotes. \r\nDitto .. Ditto .. Bailable\r\n. \r\nDitto .. Imprisonment of \r\neither \r\ndescription for 7 \r\nyears, or fine, or \r\nboth. \r\nDitto . \r\n489D Making or posse ssing \r\ninstruments or \r\nmaterials for forging or \r\ncounterfeiting currency \r\nnotes or bank-notes. \r\nDitto .. Ditto .. Not \r\nbailable\r\n. \r\nDitto .. 5\r\n[imprisonment \r\nfor life] or \r\nimprisonment of \r\neither \r\ndescription, for \r\n10 years and \r\nfine. \r\n \r\n \r\nCourt of \r\nSession.] \r\n \r\n \r\n \r\n1Subs.by the Code  of Criminal Procedure  (Amdt.) Act, 1923 (XVIII of 1923),  s. 159,  for the original entry.  \r\n2The words “Court of Session, or” omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch.  \r\n3The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, Sch. \r\n4This portion was ins. by the Currency Notes Forgery Act, 1899 (XII of 1899), s. 3. \r\n5Subs. by the Criminal Procedure (Amdt.) Act, 1974 (XXV of 1974), s. 2 and Sch., for “transportation for life” (w.e.f. 13472). \r\n  \r\n \r\nPage 268 of 307 \r\n \r\n1\r\n[489E Making or using \r\ndocuments \r\nresembling \r\ncurrency notes or \r\nbank notes \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment \r\nof either \r\ndescription for \r\n1 year, or fine \r\nor both. \r\nMagistrate \r\nof the first \r\nclass]. \r\n2\r\n[489F Dishonestly \r\nissuing a cheque \r\nfor repayment of \r\nloan etc. \r\nDitto .. Ditto .. Ditto .. Compoun\r\ndable \r\nImprisonment \r\nof either \r\ndescription for \r\n3 year or with \r\nfine, or both. \r\nMagistrate \r\nof the first \r\nclass.] \r\n3\r\n[489G Counterfeiting or \r\nusing documents \r\nresembling Prize \r\nBonds or \r\nunauthorized sale \r\netc., thereof. \r\nDitto .. Ditto .. Ditto .. Not \r\ncompou\r\nnd-able. \r\nImprisonment \r\nfor seven years, \r\nand fine. \r\nCourt of \r\nSessions \r\nor \r\nMagistrate \r\nof first \r\nclass. ] \r\nCHAPTER XIX.__CRIMINAL BREACH OF CONTRACTS OF SERVICE \r\n4[*  * * * * * * *] \r\n491 Being bound to  \r\nattend on or  supply \r\nthe wants of a \r\nperson who is  \r\nhelpless from  \r\nyouth, unsoundness \r\nof mind or  disease, \r\nand \r\nvoluntarily omitting \r\nto do so. \r\nShall \r\nnot \r\narrest \r\nwithout \r\nwarrant. \r\nSummons Bailable. Compoun\r\ndable. \r\nImprisonment \r\nof either \r\ndescription \r\nfor 3 \r\nmonths or \r\nfine of \r\n5\r\n[600] \r\nrupees, or \r\nboth. \r\n6\r\n[* * *] \r\nMagistrate \r\nof the first \r\nor second \r\nclass. \r\n4[*  * * * * * * *] \r\n \r\n \r\n \r\n \r\n1Ins. by the Criminal Law (Amdt.) Act, 1976 (VIII of 1976), s. 3 (w.e.f. 8-3-76). \r\n2Ins. by Ord. No. LXXV of 2002, s. 7. \r\n3Ins. by Act No. XXIII of 2012, s . 3. \r\n4Enrties relating to sections 490 and 492 rep. by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), s. 3 and Sch.. II. \r\n5Subs. by Ord. No. LXXXVI of 2002, s. 3 and Sch. II. \r\n6The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, Sch. \r\n  \r\n \r\nPage 269 of 307 \r\n \r\nCHAPTER XX.-OFFENCES RELATING TO MARRIAGE \r\n493 A man by  deceit \r\ncausing a woman \r\nnot lawfully  \r\nmarried to him to \r\nbelieve that she is \r\nlawfully married  \r\nto him and  to \r\ncohabit with him \r\nin that belief. \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant \r\n.. \r\nNot \r\nbailable \r\nNot \r\nCompound-\r\nable. \r\nImprisonment \r\nof either \r\ndescription \r\nfor 10 years, \r\nand fine. \r\nCourt of \r\nSession. \r\n1\r\n[493A Cohabitation \r\ncaused by a man \r\ndeceitfully \r\ninducing a belief \r\nof lawful \r\nmarriage. \r\nMay \r\narrest \r\nwithout \r\nwarrant \r\nWarrant Not \r\nbailable \r\n. \r\nNot \r\ncompound\r\n-able. \r\nRigorous \r\nimprisonment \r\nwhich may \r\nextend to \r\ntwenty-five \r\nyears and \r\nfine. \r\nDitto;] \r\n494 Marrying again \r\nduring the lifetime \r\nof a husband or \r\nwife. \r\n1\r\n[Shall \r\nnot arrest \r\nwithout \r\nwarrant] \r\nDitto .. Bailable.. \r\n2[Compound-\r\nable with \r\npermission of \r\nthe Court before \r\nwhich the  \r\nprosecution is \r\npending.] \r\nImprisonment \r\nof either \r\ndescription \r\nfor 7 years, \r\nand fine. \r\n2\r\n[Court of \r\nSession, \r\n3\r\n[*  *] or \r\nMagistrate \r\nof the first \r\nclass.] \r\n \r\n \r\n495 Same offence \r\nwith concealment \r\nof the former \r\nmarriage from \r\nthe person with \r\nwhom subsequent \r\nmarriage is \r\ncontracted. \r\nDitto .. Ditto .. 4\r\n[Ditto] \r\n.. \r\n2\r\n[Not \r\ncompound-\r\nable.] \r\nImprisonment \r\nof either \r\ndescription \r\nfor 10 years, \r\nand fine. \r\n2\r\n[Court of \r\nSession.] \r\n496 A person with \r\nfraudulent \r\nintention going \r\nthrough the \r\nceremony of \r\nbeing married, \r\nknowing that he is \r\nnot thereby \r\nlawfully married. \r\nDitto .. Ditto .. 5\r\n[Bailabl\r\ne] \r\nDitto .. Imprisonment \r\nof either \r\ndescription \r\nfor 7 years, \r\nand fine. \r\nDitto. \r\n \r\n1Ins. and subs. by Act No. VI of 2006, s. 9 and Sch. II. \r\n2Subs.by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVII of 1923), s. 159, for the original entry. \r\n3The words “Presidency Magistrate” omitted by A.O., 1949, Sch. \r\n4The original entry successively amended by Act 18 of 1923, s. 159, Ord. 8 of 1973, s. 4. has been subs. by the Code of Criminal Procedure (Amdt.) \r\nAct, 1973 (LVII of 1973), s. 4, to read as above. \r\n5Subs. ibid., for “Ditto”. \r\n  \r\n \r\nPage 270 of 307 \r\n \r\n1[496A Enticing or \r\ntaking away or \r\ndetaining with \r\ncriminal intent a \r\nwomen. \r\nMay arrest \r\nwithout \r\nwarrant \r\nDitto Not \r\nbailable \r\nDitto Imprisonment of \r\neither description \r\nwhich may extend \r\nto seven years, \r\nand fine. \r\nCourt of \r\nSession or \r\nMagistrate of \r\nthe first class: \r\n496B Fornication Shall not \r\narrest without \r\nwarrant. \r\nSummons Bailable Not \r\ncompound-\r\nable \r\nImprisonment \r\nwhich may extend \r\nto five years and \r\nfine not exceeding \r\nten thousand \r\nrupees. \r\nMagistrate of \r\nthe first class: \r\n496C False accusation \r\nof Fornication. \r\nShall not \r\narrest without \r\nwarrant. \r\nSummons Bailable Not \r\ncompound-\r\nable \r\nImprisonment \r\nwhich may extend \r\nto five years and \r\nfine not exceeding \r\nten thousand \r\nrupees. \r\nMagistrate of \r\nthe first class : \r\nand] \r\n497 Adultery .. 2[May arrest \r\nwithout \r\nwarrant.] \r\nWarrant \r\n.. \r\nBailable.. Compound-\r\nable. \r\nImprisonment of \r\neither description \r\nfor 5  years, or \r\nfine, or both. \r\nCourt of \r\nSession, 3[* *] \r\nor Magistrate of \r\nthe first class. \r\n498 Enticing or \r\ntaking away or \r\ndetaining with a \r\ncriminal intent a \r\nmarried woman. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of \r\neither description \r\nfor \r\n4[3] years, or fine, \r\nor both \r\n5[* * * ] \r\nMagistrate of \r\nthe first or \r\nsecond class. \r\n6[498A Prohibition of \r\ndepriving women \r\nfrom inheriting \r\nproperty. \r\nShall not \r\narrest without \r\nwarrant. \r\nWarrant Not \r\nbailable \r\nNot \r\ncompound-\r\nable \r\nImprisonment of \r\neither description  \r\nfor a term  which \r\nmay extend to 10 \r\nyears but shall not \r\nless than 5 years \r\nor with a fine of \r\nrupees 10,00,000/­ \r\nor both \r\nCourt of \r\nSessions. \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Ins. by Act No. VI of 2006, s. 9 and Sch. II. \r\n2Subs. and omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch., for “Shall not arrest without warrant”. \r\n3The words “Presidency Magistrate” omitted by A.O., 1949, Sch. \r\n4Subs. by Ordinance No. XII of 1972, s. 2 and Sch., for “2”. \r\n5The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, Sch. \r\n6Ins. by Act No. XXVI of 2011, s. 5. \r\n  \r\n \r\nPage 271 of 307 \r\n \r\n498B Prohibition of forced \r\nmarriage. \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant Not \r\nBail-\r\nable \r\nNot \r\nCompound-\r\nable. \r\nImprisonment of  either \r\ndescription which may \r\nextend to 7 years but shall \r\nnot be less than 3 years  \r\nand a fine of rupees  \r\n500,000/­ 1[and in case of \r\na female  child or a \r\nnon­Muslim \r\nwoman,imprisonment \r\nupto ten years and not less \r\nthan five years and fine \r\nupto one million rupees.] \r\nCourt of \r\nSessions or \r\nMagistrate of \r\nfirst class. \r\n498C Prohibition of \r\nmarriage with the  \r\nHoly Quran. \r\nDitto .. Ditto .. Ditto .. Ditto .. Imprisonment of either \r\ndescription which may \r\nextend to 7 years but shall \r\nnot be less than 3 years and \r\na fine of rupees 500,000/­ \r\nDitto..] \r\nCHAPTER XXI. __DEFAMATION \r\n2[500 Defamation Shall not \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant Bail-\r\nable \r\nCompound-\r\nable. \r\nimprisonment for 2 years, \r\nor fine, or both, and in case \r\nof originator the \r\nimprisonment of either \r\ndescription for 5 years, or \r\nfine, or both. \r\nCourt of Session \r\n501 Printing or engraving \r\nmatter knowing it to \r\nbe defamatory. \r\nDitto .. Ditto .. Ditto .. Ditto .. imprisonment for 2 years, \r\nor fine, or both. \r\nDitto] \r\n502 Sale of printed or \r\nengraved substance \r\ncontaining defamatory \r\nmatter, knowing it to \r\ncontain such matter. \r\nDitto .. Ditto .. Ditto .. Ditto .. Ditto .. Ditto .. \r\nCHAPTER XXII. __CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE. \r\n504 Insult intended to \r\nprovoke a breach of \r\nthe peace. \r\nShall not \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant .. Bail-\r\nable .. \r\nCompound-\r\nable. \r\nImprisonment \r\nof either description for 2 \r\nyears, or fine, \r\nor both. \r\nAny \r\nMagistrate. \r\n505 False statement, \r\nrumour, etc., \r\ncirculated with \r\nintent to cause \r\nmutiny or offence \r\nagainst the public \r\npeace. \r\n3[May \r\narrest \r\nwithout \r\nwarrant.] \r\nDitto .. Not \r\nBail-\r\nable. \r\nNot \r\ncompound-\r\nable. \r\n3[Imprisonment \r\nof either \r\ndescription for \r\n7 years, and \r\nfine.] \r\n4[* * *] \r\nMagistrate \r\nof the first \r\nclass. \r\n \r\n \r\n1Ins by Act IV of 2017, s. 4. \r\n2Subs. by Act IX of 2004, s. 9. \r\n3Subs. by the Criminal Law (Amdt.) Act, 1973 (6 of 1973), s. 3, for “Ditto”. (w.e.f. 28­7­73). \r\n4The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, Sch. \r\n  \r\n \r\nPage 272 of 307 \r\n \r\n506 Criminal \r\nintimidation. \r\n1\r\n[Shall \r\nnot \r\narrest \r\nwithout \r\nwarrant] \r\nDitto .. Bailable .. Compound-\r\nable. \r\n1\r\n[Imprisonment \r\nof either \r\ndescription for \r\n2 years, or fine \r\nor both.] \r\n2\r\n[\r\n3\r\n[*  * *]Magistrate \r\nof the first or second \r\nclass.] \r\n If threat be to \r\ncause death or \r\ngrievous hurt, \r\netc. \r\nDitto .. Ditto .. Ditto .. Not \r\ncompound-\r\nable. \r\nImprisonment \r\nof either \r\ndescription for \r\n7 years, or fine, \r\nor both. \r\nCourt of Session, 4[* \r\n* or Magistrate of the \r\nfirst class. \r\n507 Criminal \r\nintimidation by \r\nanonymous \r\ncommunication \r\nor  having taken \r\nprecaution to \r\nconceal whence \r\nthe threat  \r\ncomes. \r\nDitto .. Ditto .. Ditto .. Ditto Imprisonment \r\nof either \r\ndescription for \r\n2 years, in \r\naddition to the \r\npunishment \r\nunder above \r\nsection. \r\n5\r\n[Magistrate of the \r\nfirst class.] \r\n508 Act caused by \r\ninducing a \r\nperson to \r\nbelieve that he \r\nwill be rendered \r\nan object of \r\nDivine displea­ \r\nsure. \r\nDitto .. Ditto .. Ditto .. 6\r\n[Compound-\r\nable.] \r\nImprisonment \r\nof either \r\ndescription for \r\n1 year, or fine, \r\nor both. \r\n3\r\n[* * * ] Magistrate \r\nof the first or \r\nsecond class. \r\n7\r\n[509 Insulting \r\nmodesty or  \r\ncausing sexual \r\nharassment. \r\nShall \r\nnot \r\narrest \r\nwithout \r\nwarrant. \r\nWarrant\r\n. \r\nBailable. Compound-\r\nable. \r\nwith \r\npermission of \r\nthe Court. \r\nImprisonment \r\nupto 3 years, or \r\nfine, or both. \r\nMagistrate \r\nof the first \r\nclass.] \r\n510 Appearing in a \r\nPublic place, \r\netc., in a state \r\nof intoxication, \r\nand causing \r\nannoyance to \r\nany person. \r\nDitto .. Ditto .. Ditto .. 6\r\n[Not \r\ncompound-\r\nable.] \r\n8[simple \r\nimprisonment \r\nfor 7 days but \r\nshall not be less \r\nthan 48 hours, or \r\nfine of 100000 \r\nrupees but shall \r\nnot be less than \r\n10000 rupees, or \r\nboth.] \r\n \r\n9[Any Judicial \r\nMagistrate]. \r\n \r\n1Subs. by the Criminal Law (Amdt.) Act, 1973 (VI of 1973), s. 3, for “Ditto”. (w.e.f. 28­7­73). \r\n2Subs.by the Amending Act, 1903 (I of 1903), Sch. II, Part II, for “Ditto”. \r\n3The words “Presidency Magistrate” and by implication the word “or” omitted by A.O., 1949, Sch. \r\n4The words “Presidency Magistrate” omitted by A.O., 1949, Sch. \r\n5Subs. by Ordinance XII of 1972, s. 2 and Sch., for “Ditto”. \r\n6Subs.by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 159, for the original entry. \r\n7Subs. by Act No. I of 2010, s. 3. \r\n8Subs. by Act No. XVIII of 2018, s. 3. \r\n9Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch., \r\n  \r\n \r\nPage 273 of 307 \r\n \r\n \r\n1The word “transportation” omitted by the Criminal Procedure (Amdt.) Act, 1974, (XXV of 1974) s. 2 and Sch. \r\n2Ins. by Act No. II of 1997, s. 17. \r\n3Subs. by the Code of Criminal Procedure (Amdt.) Ordinance, 1979 (X of 1979), s. 2, for the original heading and entries. \r\n4Omitted by Act No. IV of 2017, s.4 (4). \r\nCHAPTER XXIII_ATTEMPTS TO \r\nCOMMIT OFFENCES \r\n511 Attempting to commit \r\noffences punishable \r\nwith \r\n1\r\n[*  *] or \r\nimprisonment, and in \r\nsuch attempt doing \r\nany act towards the \r\ncommission of the \r\noffence. \r\nAccording as \r\nthe offence is \r\none in respect \r\nof which the \r\npolice may \r\narrest without \r\nwarrant \r\nor not. \r\nAccording as  \r\nthe offence is \r\none in respect \r\nof which a \r\nsummons or \r\nwarrant shall \r\nordinarily issue. \r\nAccording as \r\nthe offence \r\ncontemplated \r\nby the offender \r\nis bailable or \r\nnot. \r\nCompound-\r\nable when \r\nthe offence  \r\nattempted is \r\ncompounda\r\nble. \r\n1[*] or \r\nimprison-\r\nment not \r\nexceeding \r\nhalf of the \r\nlongest term, \r\nand of any \r\ndescription, \r\nprovided for \r\nthe offence, \r\nor fine \r\n2\r\n[daman], or \r\nboth. \r\nThe Court \r\nby which \r\nthe \r\noffence \r\nattempted \r\nis triable. \r\n3\r\n[OFFENCES AGAINST OTHER LAWS \r\n If punishable with \r\ndeath, imprisonment \r\nfor life, \r\nimprisonment \r\nexceeding seven \r\nyears, amputation of \r\nhand or foot or both \r\nhand and foot or with \r\nwhipping exceeding \r\n80 stripes with or \r\nwithout any other of \r\nthe said punishment. \r\nMay arrest \r\nwithout \r\nwarrant. \r\nWarrant Not bailable. Not \r\ncompound-\r\nable. \r\n.. Court of \r\nSession. \r\n If punishable with \r\nimprisonment for \r\nthree years and \r\nupwards but not \r\nexceeding 7 years or \r\nwith whipping not \r\nexceeding 80 stripes \r\nwith or without \r\nimprisonment. \r\nDo. Do. Do. \r\n \r\n4\r\n[* * *] \r\nDo. .. Court of \r\nSession or \r\nMagistrate \r\nof the first \r\nclass. \r\n If punishable \r\nwith imprisonment \r\nfor 1 year and \r\nupwards but less  than \r\n3 years or with \r\nwhipping not \r\nexceeding 40 stripes \r\nwith or without \r\nimprisonment. \r\nShall not \r\narrest without \r\nwarrant. \r\nSummons. Bailable. Do .. Magistrate \r\nof the first \r\nor second \r\nclass. \r\n \r\nPage 274 of 307 \r\n \r\n If punishable with \r\nImprisonment for less \r\nthan 1 year or with \r\nwhipping not  exceeding \r\n10 stripes with or  \r\nwithout imprisonment, \r\nor with fine only. \r\nDo. Do. Do. Do. .. Any \r\nMagistrate.] \r\n1[Section 5 of \r\nOrdinance VII \r\nof 1979 \r\nZina. Shall \r\nnot \r\narrest \r\nwithout \r\nwarrant. \r\nSummons. Bailable. Not \r\nCompound-\r\nable. \r\nStoning to \r\ndeath in \r\ncase of \r\nMuhsan \r\nand if not \r\nMuhsan \r\nwhipping \r\nnot \r\nexceeding \r\none \r\nhundred \r\nstripes. \r\nCourt of \r\nSessions. \r\nSection 7 of \r\nOrdinance \r\nVIII of 1979 \r\nQazf. Shall \r\nnot \r\narrest \r\nwithout \r\nwarrant. \r\nSummons. Bailable. Not \r\nCompound-\r\nable. \r\nWhipping \r\nnumbering \r\neighty \r\nstripes. \r\nCourt of \r\nSessions.] \r\nSCHEDULE III \r\n(See section 36) \r\nORDINARY POWERS OF PROVINCIAL MAGISTRATES \r\n \r\nI.__ Ordinary Powers of a Magistrate of the Third Class \r\n \r\n(1) Power to arrest or direct the arrest of, and to commit to custody, a person committing \r\nan offence in his presence, section 64. \r\n(2) Power to arrest, or direct the arrest in his presence of, an offender, section 65. \r\n(3) Power to endorse a warrant, or to order the removal of an accused person arrested \r\nunder a warrant, sections 83,84 and 86. \r\n \r\n(4) Power to issue proclamations in cases judicially before him, section 87. \r\n(5) Power to attach and sell property 2[and to dispose of claims to attached property] in \r\ncases judicially before him, section 88. \r\n \r\n \r\n1Added.by Act No. VI of 2006, s. 9 and Sch.II. \r\n2Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), S.160. \r\n  \r\n \r\nPage 275 of 307 \r\n \r\n(6) Power to restore attached property, section 89. \r\n(7) Power to require search to be made for letters and telegrams, section 95. \r\n(8) Power to issue search­warrant, section 96. \r\n(9) Power to endorse a search­warrant and order delivery of thing found, section 99. \r\n(10-12)1[* * * * * * *] \r\n(13) 2[* * * * * * *] \r\n(14) Power to authorise detention 3[not being detention in the custody of the police] of a \r\nperson during a police­investigation, section 167. \r\n3[(14a) Power to postpone issue of process and inquire into case himself, section 202;] \r\n(15) Power to detain an offender found in Court, section 351. \r\n(16) 4[* * * * * * *] \r\n(17) Power to apply to 1[Session Judge] to issue commission for examination of witness, \r\nsection 506 (2). \r\n(18) Power to recover forfeited bond for appearance before Magistrate’s Court, section 514 \r\n3[and to require fresh security, section 514A]. \r\n3[(18a) power to make order as to custody and disposal of property pending inquiry or trial, \r\nsection 516A;] \r\n(19) Power to make order as to disposal of property, section 517. \r\n(20) Power to sell 5[*] property of a suspected character, section 525. \r\n3[(21) Power to require affidavit in support of application, section 539A;]  \r\n3[(22) Power to make local inspection, section 539B;] \r\nII.__ Ordinary Powers of a Magistrate of the Second Class \r\n(1) The ordinary powers of a Magistrate of the third class. \r\n(2) Power to order the police to investigate an offence in cases in which the Magistrate  \r\nhas jurisdiction to try or 6[send for trial to the Court of Session or the High Court], \r\nsection 155. \r\n \r\n1Omitted & subs., by Law Reform Ordinance, 1972 (XII of 1972), s.211. \r\n2Item 13 omitted by Act No. XVIII of 1923, s. 160. \r\n3Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923). \r\n4Item 16 rep. by the Repealing and Amending Act, 1925(XXXVII of 1925), s.3 and Sch. II. \r\n5The word “perishable” rep. by Act No. XVIII of 1923, s. 160. \r\n6Subs. by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch., for “commit for trail”. \r\n  \r\n \r\nPage 276 of 307 \r\n \r\n1[(3)  Power to postpone issue of process and to inquire into a case or direct investigation, \r\nsection 202.] \r\n(4) 2[* * * * * * *] \r\nIII.__ Ordinary Powers of a Magistrate of the First Class \r\n(1) The ordinary powers of a Magistrate of the second Class. \r\n3[(1a)  Power to direct warrant to land holders, etc., section 78. \r\n(1ab)  Power to issue search­warrant otherwise than in course of an inquiry, section 98.] \r\n(2) Power to issue search­warrant otherwise than in course of an inquiry, section 98. \r\n(3) Power to issue search­warrant for discovery of persons wrongfully confined, section \r\n100. \r\n3[(3a)  Power to require security for keeping peace, section 107. \r\n(3ab)  Power to require security for good behaviour from persons disseminating seditious \r\nmatter, section 108. \r\n(3ac)  Power to require security for good behaviour, section 109. \r\n(3ad)  Power to require security for good behaviour from habitual offenders, section 110.  \r\n(3ae)  Power to discharge sureties, section 126. \r\n(3f)  Power to acquire security, for un­expired period of bond, section 126 A.] \r\n(4) Power to require security to keep the peace, section 107. \r\n(5) Power to require security for good behaviour, section 109. \r\n(6) Power to discharge sureties, section 4[126A]. \r\n5[(6a) Power to make orders as to local nuisances, section 133;] \r\n3[(6ab) Power to make order to prohibit repetition or continuance of public nuisance, section \r\n143. \r\n(6ac)  Power to make orders, etc., in possession cases, section 145,146 and 147.] \r\n(7) Power to make orders, etc., in possession cases, sections 145,146 and 147. \r\n \r\n \r\n1Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 160, for the Original item. \r\n2Item (4) rep., ibid. \r\n3Ins. by ord. XXXVII of 2001, s.78. \r\n4Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 160, for “126” \r\n5Ins., ibid. \r\n  \r\n \r\nPage 277 of 307 \r\n \r\n1[(7a) Power to record statements and confessions during a police investigation, section 164.] \r\n1[(7aa)  Power to authorise detention of a person   in the   custody   of   the   police   during   a   \r\npolice investigation, section 167;] \r\n1[(7b) Power to hold inquests, section 174;] \r\n(8) Power to commit for trial, section 206. \r\n2[(8a) Power to hold inquests, section 174. \r\n(8ab) Power to take cognisance of offences, section 190.] \r\n \r\n(9) Power to stop proceedings when no complainant, section 249. \r\n(9a) 3[* * * * * * *] \r\n(10) 3[* * * * * * *] \r\n(11) Power to take evidence on commission, section 503. \r\n(12) Power to recover penalty on forfeited bond, section 514. \r\n1[(12a)  Power to require fresh security, section 514A.] \r\n2[(12ab) Power to dispose property where no claimant, section 524. \r\n(12b) 2[* * * * * * *] \r\n(13) Power to make order as to first offenders, section 562. \r\n1[(14) Power to order released convicts to notify residence, section 565.] \r\nIV.__ Ordinary Powers of a Subdivisional Magistrate appointed under section 13 \r\n2[Omitted] \r\nV.__ Ordinary Powers of a District Magistrate \r\n2[Omitted] \r\n4[SCHEDULE IV \r\n(See Section 37) \r\nAdditional Powers with which Magistrates may be invested. \r\nPART I \r\nPowers with which a Magistrate of first class may be invested by the Provincial Government. \r\n(1) Power to try cases under section 124A of the Pakistan Penal Code. \r\n \r\n1Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 160. \r\n2ins & omitted by ord. No. XXXVII of 2001 s. 78. \r\n3Cls. (9a) and (10) omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s.3 and Second Sch. \r\n4Subs. by Ord. No. XII of 1972, s. 2 and Sch., item 212. \r\n  \r\n \r\nPage 278 of 307 \r\n \r\n(2-6) 1[* * * * * * *] \r\n(7) Power to try summarily, section 260. \r\n(8) Power to pass sentence on proceedings recorded by a Magistrate of the second or third \r\nclass, section 349. \r\nPowers with which a Magistrate of the second class may be invested by the Provincial \r\nGovernment. \r\n(1) Power to record statements and confessions during a police investigation, section 164. \r\n(2) Power to authorise detention of a person in the custody of the police during a police \r\ninvestigation, section 167. \r\n(3) Power to take cognizance of offences upon complaint, section 190. \r\n(4) Power to take cognizance of offences upon police report, section 190. \r\n(5) Power to take cognizance of offences without complaint, section 190. \r\nPowers with which a Magistrate of the third class may be invested by the Provincial Government. \r\n(1) Power to take cognizance of offences upon compliant, section 190. \r\n(2) Power to take cognizance of offences upon police report, section 190. \r\nPART-II 1[* * * * * * *]] \r\nSCHEDULE V \r\n(See Section 2[555].) \r\nFORMS \r\nI.__ SUMMONS TO AN ACCUSED PERSON. \r\n(See Section 68) \r\nTo       of \r\nWHEREAS your attendance is necessary to answer to a charge of ( state shortly the offence \r\ncharged), you are hereby required to appear in person (or by pleader, as the case may be ) before the \r\n(Magistrate) \r\n \r\n1Omitted by Ord. No. XXXVII of 2001, s. 79. \r\n2Subs. by the Amending Act, 1903 (1 of 1903), Sch. II, Pt. II, for “554”. \r\n  \r\n \r\nPage 279 of 307 \r\n \r\nof      , on the      day of \r\n     . Herein fail not. \r\nDated this     day of       ,18      .\r\n             \r\n(Seal.)            (Signature) \r\n______ \r\nII.__ WARRANT OF ARREST \r\n(See Section 75) \r\nTo (name and designation of the person or persons who is or are to execute the warrant). \r\nWHEREAS     of    stands charged with \r\nthe offence of (state the offence), you are hereby directed to arrest the said  and to produce him \r\nbefore me. Herein fail not. \r\nDated this     day of     ,18      . \r\n(Seal.)           (Signature) \r\n_______ \r\n(See Section 76) \r\nThis warrant may be endorsed as follows:__ \r\nIf the said  shall give bail himself in the sum of  ,with one surety in the sum of (or \r\ntwo sureties each in the sum of  ) to attend before me on the \r\nday of   and to continue so to attend until otherwise directed by me, he may be released. \r\nDated this     day of      ,18. \r\n(Signature) \r\n_______ \r\nIII.__ BOND AND BAIL­BOND AFTER ARREST UNDER A WARRANT \r\n(See Section 86) \r\nI, (name), of         being brought before the 1[*] Magistrate of   (or as the \r\ncase may be) under a warant issued to compel my appearance to answer to the charge of  , do \r\nhereby bind myself to attend in the Court of   on the  day of  next, to \r\nanswer to the said charge, and to continue so to attend until otherwise directed by the Court; and, in case \r\nof my making default herein, I bind myself to forfeit, to 2[Government] 3[* * *] the sum of rupees. \r\nDated this     day of      ,18. \r\n(Signature) \r\n1Omitted, by Ord. No. XXXVII of 2001, s. 80. \r\n2Subs. by A.O., 1961, Art. 2 and Sch., for “Her Majesty the Queen” (with effect from the 23rd March, 1956). \r\n3The words “Express of India” omitted by A.O., 1949, Sch. \r\n \r\nPage 280 of 307 \r\n \r\n I do hereby declare myself surety for the above named              of     , \r\nthat he shall attend before                in the Court of                                on the                             day of                                               \r\n next, to answer to the charge on which he has been arrested, and shall continue so to attend until \r\notherwise directed by the Court; and, in  case of  his  making default  therein,  I  bind  myself to forfeit to \r\n1[Government] 2[* * *] the sum of rupee. \r\nDated this     day of     ,18      . \r\n(Signature) \r\n_______ \r\nIV_PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED \r\n(See Section 87) \r\nWHEREAS complaint has been made before me that ( name, description and address) has committed \r\n(or  is suspected to have committed) the  offence of  , punishable under section     of \r\nthe Pakistan Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said  (name) \r\ncannot be found, and whereas it has been shown to my satis faction that the said ( name) has absconded ( or is \r\nconcealing himself to avoid the service of the said warrant); \r\nProclamation is hereby made that the said  of  is required to appear at \r\n(place) before this Court (or before me) to answer the said complaint 3[on the   day of \r\n ]. \r\nDated this      day of    ,18     . \r\n(Seal.)           (Signature) \r\n \r\n________ \r\nV.__ PROCLAMATION REQUIRING THE ATTENDANCE OF A WITNESS \r\n(See Section 87) \r\nWHEREAS complaint has been made before me that ( name, description and address) has committed \r\n(or  is suspected to have committed ) the offence of ( mention the offence concisely ) and a  warrant  has  been \r\nissued to compel the attendance of ( name, description and address of the witness ), before  this  Court  to  be  \r\nexamined  touching the matter of the said complaint; and whereas it has been returned to the said  warrant that \r\nthe said (name  of  witness )  cannot  be  served,  and  it  has  been  shown  to  my  satisfaction  that  he  has \r\nabsconded (or is concealing himself to avoid the service of the said warrant); \r\nProclamation is hereby made that the said ( name) is required to appear at ( place) before the Court of\r\n  on the   day of   next at o’clock to be examined touching , \r\nthe offence complained of. \r\nDated this     day of     ,18       . \r\n(Seal.)           (Signature) \r\n_______ \r\n \r\n1subs. by A.O., 1961, Art.2 and Sch., for “Her Majesty the Queen” (with effect from the 23rd March, 1956). \r\n2The words “Empress of India” omitted by A.O., 1949, Sch. \r\n3Subs. by the Amending Act, 1903 (1 of 1903), Sch. II, Part II, for “within days from this date”. \r\n  \r\n \r\nPage 281 of 307 \r\n \r\nVI.__ ORDER OF ATTACHMENT TO COMPEL THE ATTENDANCE OF A WITNESS \r\n(See Section 88) \r\nTo the Police­officer in charge of the Police­station at \r\nWHEREAS a warrant has been duly issued to compel the attendance of ( name, description \r\nand address) to testify concerning a complaint pending before this Court, and it has been returned to \r\nthe said warrant that it cannot be served;  and whereas it has been shown to my satisf action that he \r\nhas absconded ( or is concealing himself to avoid the service of the said warrant)  ; and thereupon a \r\n1[proclamation has been or is being duly issued] and published requiring the said   \r\n to appear and give evidence at the time and place mentioned therein, 2[* * *] ; \r\nThis is to authorize and require you to attach by seizure the movable property belonging to \r\nthe said   to the value of rupees   which you may fin d within the District \r\nof and to hold the said property under attachment pending the fur ther order of this Court, and to \r\nreturn this warrant with an endorsement certifying the manner of its execution. \r\nDated this    day of      ,18       . \r\n(Seal.)           (Signature) \r\n \r\n______ \r\nORDER OF ATTACHMENT TO COMPEL THE APPEARANCE OF A PERSON ACCUSED \r\n(See Section 88) \r\nTo (name and designation of the person or persons who is or are to execute the warrant). \r\nWHEREAS complaint has been made before me that ( name description and address ) has  \r\ncommitted  (or  is suspected to have  committed) the  offence of      punishable under section     \r\nof the Pakistan Penal Code, and it has been returned to a warrant of arrest thereupon issued that the \r\nsaid ( name)  cannot  be  found; and  whereas it has been shown to my satisfaction that the said \r\n(name) has absconded ( or is concealing himself to avoid the service of the said warrant), and \r\nthereupon, a 1[Proclamation has been or is being duly issued] and published requiring the said \r\n     to appear to answer the said charge within                            days; and whereas the \r\nsaid                is      possessed of the following property other than land  paying \r\nrevenue to Government in the village (or town) of  , in the District of            ,viz., \r\n , and an order has been made for the attachment thereof; \r\nYou are hereby r equired to attach the said property by seizure, and to hold the same under \r\nattachment pending the further order of this Court, and to return this warrant with an endorsement \r\ncertifying the manner of its execution. \r\nDated this     day of     ,18      . \r\n(Seal.)           (Signature) \r\n \r\n1Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 162, for “Proclamation was duly issued”. \r\n2The words “and he has failed to appear” rep., ibid. \r\n \r\n \r\nPage 282 of 307 \r\n \r\nORDER AUTHORIZING AN ATTACHMENT BY THE \r\n1\r\n[DISTRICT OFFICER (REVENUE)] \r\nAS COLLECTOR \r\n(See Section 88) \r\nTo the \r\n1\r\n[District Officer (Revenue)] of the District of \r\nWHEREAS complaint has been made before me that (name, description and address )  has \r\ncommitted  (or  is  suspected to have  committed) the  offence  of   , punishable under section\r\n  of the Pakistan Penal Code, and it has been returned to a warrant of arrest thereupon \r\nissued that the said ( name) cannot be found; and whereas it has been shown to my satisfaction that \r\nthe said ( name) has absconded ( or is concealing himself to avoid the service of the said warrant) \r\nand thereupon a \r\n2\r\n[Proclamation has been or is being duly issued] and published requiring  the said            \r\n          to appear to answer the said charge within                days \r\n3\r\n[*  * *]; and whereas the said\r\n  is possessed of certain land paying revenue to Government in the village (or town) of\r\n  in the District of          ; \r\nYou are hereby authorised and requested to cause the said land to be attached, and to be held \r\nunder attachment pending the further order of this Court and to certify without delay what you may \r\nhave done in pursuance of this order. \r\nDated this     day of     ,18      . \r\n(Seal.)           (Signature) \r\n________ \r\nVII_WARRANT IN THE FIRST INSTANCE TO BRING UP A WITNESS \r\n(See Section 90) \r\nTo (name and designation of the Police­Officer or other person or persons who is or are to execute \r\nthe warrant). \r\nWHEREAS complaint has been made before me that  of  has ( or is \r\nsuspected to have) committed the offence of ( mention the offence concisely ), and it appears likely \r\nthat (name and description of witness) can give evidence concerning the said complaint; and whereas \r\nI have good and sufficient reason to believe that he will not attend as a witness on the hearing of the \r\nsaid complaint unless compelled to do so; \r\nThis is to authorise and require you to arrest the said (name), and on the                day of        \r\nto bring him before this Court, to be examined touching the offence complained of. \r\nGiven under my hand and the seal of the Court, this  day of   ,18      . \r\n(Seal.)           (Signature) \r\n \r\n1Subs .by ord. No. XXXVII of 2001, s.80. \r\n2Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 162, for “Proclamation was duly issued”.  \r\n3The word “but he has not appeared” omitted, ibid. \r\n  \r\n \r\nPage 283 of 307 \r\n \r\nVIII.__ WARRANT TO SEARCH AFTER INFORMATION OF A PARTICULAR \r\nOFFENCE \r\n(See Section 96) \r\nTo (name and designation of the Police­officer or other person or persons who is or are to execute \r\nthe warrant). \r\nWHEREAS information has been laid ( or complaint has been made ) before me of the \r\ncommission (or suspected commission ) of the offence of ( mention the offence concisely ), and it has \r\nbeen made to appear to me that the production of ( specify the thing clearly) is essential to the inquiry \r\nnow being made (or about to be made) into the said offence (or suspected offence); \r\nThis is to authorize and require you to search for the said (the thing specified) in the (describe \r\nthe house or place or part thereof to which the search is to be confined ) and, if found, to produce the \r\nsame forthwith before this Court, returning this warrant, with an endorsement certifying what you \r\nhave done under it, immediately upon its execution. \r\nGiven under my hand and the seal of the Court, this day of    ,18      .  \r\n(Seal.)           (Signature) \r\n________ \r\nIX.__ WARRANT TO SEARCH SUSPECTED PLACE OF DEPOSIT \r\n(See Section 98) \r\nTo (name and designation of a Police­officer above the rank of a Constable). \r\nWHEREAS information has been laid before me, and on due inquiry thereupon had I have \r\nbeen led to believe that the ( describe the house or other place ) is used as a place for the deposit ( or \r\nsale) of stolen property ( or if for either of the other purposes expressed in the section, state the \r\npurpose in the words of the section) ; \r\n \r\nThis is to authorise and require you to enter the said house (or other place) with such \r\nassistance as shall  be required, and to use, if necessary, reasonable force for that purpose, and to \r\nsearch every part of the said house (or other place, or if the search is to be confined to a part, specify \r\nthe part clearly) and to seize and take possession of any property (or documents, or stamps, or seals, \r\nor coins, 1[or obscene objects], as the case may be) _[Add (when the case requires it) and also of any \r\ninstruments and materials which you may reasonably believe to be kept for the manufacture of \r\nforged documents, or counterfeit stamps, or false seals, or counterfeit coin (as the case may be)], and \r\nforthwith to bring before this Court such of the said things as may be taken possession of, returning \r\nthis warrant, with an endorsement certifying what you have done under it, immediately upon its \r\nexecution. \r\nGiven under my hand and the seal of the Court, this  day of    ,18            . \r\n(Seal.)            (Signature) \r\n \r\n1Ins. by the Obscene Publications Act, 1925 (VIII of 1925), s.3. \r\n  \r\n \r\nPage 284 of 307 \r\n \r\nX.__ BOND TO KEEP PEACE \r\n(See Section 107) \r\nWHEREAS I, ( name) inhabitant of ( place), have been called upon to enter into a bound to \r\nkeep the peace for the term of  1[or until the completion of the inquiry in the matter of \r\n now pending in the Court of   ;] I hereby bind myself not to commit a breach \r\nof the peace, or do any act that may probably occasion a breach of the peace, during the said term \r\n1[or until the completion of the said inquiry] and, in case of my making default   therein, I \r\nhereby bind myself to forfeit to 2[Government], 3[* * *], the sum of rupees \r\nDated this     day of      ,18. \r\n (Signature) \r\n_______ \r\nXI.__ BOND FOR GOOD BEHAVIOUR \r\n(See Sections 108, 109 and 110) \r\nWHEREAS I (name), inhabitant of ( place), have been called upon to enter into a bond to be \r\nof good behaviour to 4[Government and to all the citizens of Pakistan] for the term of ( state the \r\nperiod) 5[or until the completion of the inquiry in the  matter of  now pending in the Court \r\nof    ,] I he reby bind myself to be of good behaviour to 2[Government and to all the citizens of \r\nPakistan] during the said term 5[or until the completion of the said inquiry] ; and , in case of my \r\nmaking default therein, I bind myself to forfeit to 6[Government] the sum of rupees  \r\nDated this     day of     ,18      . \r\n           (Signature) \r\n(Where a bond with sureties is to be executed, add)__ We do hereby declare ourselves sureties \r\nfor the above­named   that he will be of good behaviour to 4[Government and to all \r\nthe citizens of Pakistan] during the said term 1[or until the completion of the said inquiry]; and, in \r\ncase of his making default therein, we bind ourselves, jointly and severally, to forfeit to \r\n5[Government] the sum of rupees \r\nDated this    day of      ,18      .  \r\n(Signature) \r\n \r\n1Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923). \r\n2Subs. by A.O., 1961, Art. 2 and Sch., for “Her Majesty the Queen” (With effect from the 23rd March, 1956). \r\n3The words “Empress of India” omitted by A.O., 1949, Sch. \r\n4Subs. by A.O., 1961, Art. 2 and Sch., for “Her Majesty the Queen”, * * *, and to all Her subject” (with effect from the 23rd M arch, 1956). The \r\nasterisks represent the omission of the words “Empress of India” by A.O., 1949, Sch. \r\n5Subs. by A.O., 1961, Art. 2 and Sch., for “Her Majesty” (with effect from the 23rd March, 1956).  \r\n \r\nPage 285 of 307 \r\n \r\nXII.__SUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE PEACE \r\n(See Section 114) \r\nTo      of \r\nWHEREAS it has been made to appear to me by credible information  that  ( state  the  \r\nsubstance  of  the information ), and that you are likely to commit a breach of the peace ( or by which \r\nact a breach of the peace will  probably be occasioned), you are hereby required to attend in person \r\n(or by a  duly authorised  agent) at the  Office  of  the Magistrate of  on the  day \r\nof  ,18  ,at ten o’clock in the forenoon, to show cause  why  you should not  be  \r\nrequired to enter into  a  bond  for rupees   [when sureties are required, add  and \r\nalso to give security by the bond of one (or two, as the case may be) surety (or sureties) in the sum of \r\nrupees  (each if more than one)] that you will keep the peace for the term of  \r\n . \r\nGiven under my hand and the seal of the Court, this day of    ,18             \r\n. \r\n(Seal.)           (Signature) \r\n_________ \r\nXIII.— WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY TO KEEP \r\nTHE PEACE \r\n(See Section 123) \r\nTo the Superintendent (or Keeper) of the Jail at      . \r\nWHEREAS (name and address ) appeared before me in person (or by his authoris ed agent) \r\non the  day of   in obedience to a summons calling upon him to show cause \r\nwhy he should not enter into a bond for rupees   with one surety ( or a bond with \r\ntwo sureties each in rupees ), that he, the said ( name), would  k eep the  peace for the period of\r\n months; and whereas an order was then made requiring the said ( name) to enter into  and find  \r\nsuch security (state the security ordered when it differs from that mentioned in  the summons), and he \r\nhas failed to comply with the said order ; \r\nThis is to authoris e and require you, the said Superintendent ( or Keeper), to receive the said \r\n(name), into your custody, together with this warrant, and him safely to keep in the said Jail for the \r\nsaid period of ( term of imprisonment ) unless he shall in the meantime 1[be lawfully ordered to be \r\nreleased] and to return this warrant with an endorsement certifying the manner of its execution. \r\nGiven under my hand and the seal of the Court, this day of     ,18      . \r\n(Seal.)           (Signature) \r\n_________ \r\n \r\n1Subs. by the Amending Act, 1903 (I of 1903), Sch. II, Part II, for “comply with the said order by himself and his surety (or sureties), entering into the \r\nsaid bond, in which case the same shall be received and the said (name) released”. \r\n  \r\n \r\nPage 286 of 307 \r\n \r\nXIV.__ WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY FOR GOOD \r\nBEHAVIOUR. \r\n(See Section 123) \r\nTo the Superintendent (or Keeper) of the Jail at      . \r\nWHEREAS it has been made to appear to me that ( name and description ) has been and is \r\nlurking within the district of  having no ostensible means of subsistence ( or, and that he is \r\nunable to give any satisfactory account of himself); \r\nor \r\nWHEREAS evidence of the general character of ( name and description ) has been adduced \r\nbefore me and recorded, from which it ap pears that he is an habitual robber ( or house­breaker, etc., \r\nas the case may be) ; \r\nAnd Whereas an order has been recorded stating the same and requiring the said ( name) to \r\nfurnish security for his good behaviour for the term of ( state the period) by entering into a bond with \r\none surety (or two or  more sureties,  as  the  case  may be), himself for rupees  , and  the  \r\nsaid surety (or each of the  said sureties)  for rupees  , and the said ( name) has failed to \r\ncomply with the said order and for such default has been adjudged imprisonment for ( state the term) \r\nunless the said security be sonner furnished; \r\nThis is to authoris e and require you, the said Superintendent ( or Keeper), to receive the said \r\n(name) into your custody, together with this warrant, and him safely to keep in the said Jail for the \r\nsaid period of ( term of imprisonment ) unless he shall in the meantime 1[be lawfully ordered to be \r\nreleased] and to return this warrant with an endorsement certifying the manner of its execution. \r\nGiven under my hand and the seal of the Court, this  day of    ,18. \r\n(Seal.)           (Signature) \r\n_________ \r\nXV.—WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE \r\nSECURITY. \r\n(See Sections 123 and 124) \r\nTo the Superintendent (or Keeper) of the Jail at  (or other  officer in whose \r\ncustody the person is). \r\nWHEREAS ( name and description of prisoner ) was committed to your custody under \r\nwarrant of the Court, dated the  day of  and has since duly given security under \r\nsection  of the Code of Criminal Procedure ; \r\nor \r\n \r\n1Subs. by the Amending Act, 1903 (I of 1903), Sch. II, Part II, for “comply with the said order by himself and his surety (or sureties), entering into the \r\nsaid bond, in which case the same shall be received and the said (name) released”. \r\n  \r\n \r\nPage 287 of 307 \r\n \r\nand there have appear ed to me sufficient grounds for the opinion that he can be released without \r\nhazard to the community; \r\nThis is to authorise and require you forthwith to discharge the said ( name) from your custody \r\nunless he is liable to be detained for some other cause. \r\nGiven under my hand and the seal of the Court, this  day of   ,18      . \r\n(Seal.)           (Signature) \r\n________ \r\nXVI.—ORDER FOR THE REMOVAL OF NUISANCES \r\n(See Section 133) \r\nTo (name, description and address). \r\nWHEREAS it has been made to appear to me that you have  caused an obstruction ( or \r\nnuisance) to persons using the public roadway ( or other public place) which, etc., (describe the road \r\nor public place ), by, etc., ( state what it is that causes the obstruction or nuisance ), and that such \r\nobstruction (or nuisance) still exists; \r\nor \r\nWHEREAS it has been made to appear to me that you are carrying on as owner, or manager, \r\nthe trade or occupation of ( state the particular trade or occupation and the place where it is carried \r\non), and that the same is injurious to the public health ( or comfort) by reason ( state briefly in what \r\nmanner the injurious effects are caused),  and should be suppressed or removed to a different place; \r\nor \r\nWHEREAS it has been made to appear to me that you are the owner ( or are in possession of \r\nor have the control over) a certain tank ( or well or excavation) adjacent to the public way ( describe \r\nthe thoroughfare), and that the safety of the public is endangered by reason of the said tank ( or well \r\nor excavation) being without a fence (or insecurely fenced) ; \r\nor \r\nWHEREAS etc., etc. (as the case may be) ; \r\nI do hereby direct and require you within (state the time allowed) to (state what is required to \r\nbe done to abate the nuisance) or to appear at          in the    Court of on the            day of\r\n next, and to show cause why this order should not be enforced ; \r\nor \r\nI do hereby direct and require you within ( state the time allowed ) to cease carrying on the \r\nsaid trade or occupation at the said place, and not again to carry on the same, or to remove the said \r\ntrade from the place where it is now carried on, or to appear, etc. ; \r\nor \r\nI do hereby direct and require you within ( state the time allowed) to put up a sufficient fence \r\n \r\nPage 288 of 307 \r\n \r\n(state the kind of fence and the part to be fenced) ; or to appear, etc.; \r\nor \r\nI do hereby direct and require you, etc., etc. (as the case may be). \r\nGiven under my hand and the seal of the Court, this  day of   ,18    . \r\n(Seal.)                     (Signature). \r\n \r\n__________ \r\nXVII.— MAGISTRATE’S ORDER CONSTITUTING A JURY \r\n(See Section 138) \r\n \r\nWHEREAS on the  day of         18      , an order was issued to ( name) \r\nrequiring him ( state the effect of the order ), and whereas the said ( name) has applied to me, by a \r\npetition bearing date the    day of     ,for an order appointing a Jury to try whether the sai d \r\nrecited order is reasonable and proper; I do hereby appoint ( the names, etc., of the five or more \r\nJurors) to be the Jury to try and decide the said question, and do require the said Jury to report their \r\ndecision within  days from the date of this order at my office at . \r\nGiven under my hand and the seal of the Court, this   day of  ,18     . \r\n(Seal.)           (Signature) \r\n \r\n_________ \r\nXVIII.—MAGISTRATE’S NOTICE AND PEREMPTORY ORDER AFTER THE FINDING \r\nBY A JURY. \r\n(See Section 140) \r\nTo (name, description and address). \r\nI HEREBY give you notice that the  Jury duly appointed on the  petition presented by you on \r\nthe  day of   have found  that the  order issued on the  day of \r\n requiring you (state substantially the requisition in the order ) is reasonable and proper . Such \r\norder has been made absolute, and I hereby direct and require you to obey the said order within (state \r\nthe time allowed ), on peril of the penalty provided by the Pakistan Penal Code for disobedience \r\nthereto. \r\nGiven under  my hand and the seal of the Court, this   day of  ,18  .  \r\n(Seal.)           (Signature) \r\n________ \r\n  \r\n \r\nPage 289 of 307 \r\n \r\nXIX.—INJUNCTION TO PROVIDE AGAINST IMMINENT DANGER PENDING INQUIRY BY \r\nJURY. \r\n \r\n(See section 142) \r\nTo (name, description and address). \r\nWHEREAS  the  inquiry by a Jury appointed to  try whether my order issued on the \r\n day of  18      , is reasonable  and proper is still pending, and it has been made \r\nto appear to me that the nuisance mentioned in the said  order is attended with so imminent serious \r\ndanger to the public as to render necessary immediate measures to prevent such danger, I  do hereby, \r\nunder the provisions of section 142 of the Code of Criminal Procedure, direct and enjoin you \r\nforthwith to (state plainly what is required to be done as a temporary safeguard ), pending the result \r\nof the local inquiry by the Jury. \r\nGiven under my hand and the seal of the Court, this   day of  ,18    . \r\n(Seal.)                    (Signature.) \r\n_________ \r\nXX.— MAGISTRATE’S ORDER PROHIBITING THE REPETITION, ETC., OF A \r\nNUISANCE \r\n(See section 143) \r\nTo (name, description and address). \r\nWHEREAS it has been made to appear to me that, etc., ( state the proper recital, guided by \r\nForm No.  XVI or Form No. XXI, (as the case may be) ; \r\nI do hereby strictly order and en join you not to repeat the  said nuisance  by again placing or \r\ncausing or permitting  to be placed, etc. (as the case may be). \r\nGiven under my  hand and the  seal of the Court, this  day of  ,18        . \r\n(Seal.)           (Signature) \r\n________ \r\nXXI.—MAGISTRATE’S ORDER TO PREVENT OBSTRUCTION, RIOT, ETC. \r\n(See section 144) \r\nTo (name, description and address). \r\nWHEREAS it has been made to appear to me that you are in possession ( or have the \r\nmanagement) of (describe clearly the property), and that, in digging a drain on the said land, you are \r\nabout to throw or place a portion of the earth and stones dug up upon the adjoining public road, so as \r\nto occasion risk of obstruction to persons using the road; \r\n \r\nor \r\n \r\nPage 290 of 307 \r\n \r\nWHEREAS it has been made to appear to me that you and a number of other persons \r\n(mention the class of persons ) are about to meet and proceed in a religious procession along the \r\npublic street, etc., (as the case may be), and that such procession is likely to lead to a riot or an affray \r\n; \r\nor \r\nWHEREAS etc., etc. (as the case may be); \r\nI do hereby order you not to place or p ermit to be placed any of the earth or stones dug from \r\nland on any part of the said road; \r\nor \r\nI do hereby prohibit the procession passing along the said street, and strictly warn and enjoin \r\nyou not to take any part in such procession (or as the case recited may require). \r\nGiven under my hand and the seal of the Court, this   day of  ,18       . \r\n(Seal.)           (Signature) \r\n________ \r\nXXII.__MAGISTRATE’S ORDER DECLARING PARTY ENTITLED TO RETAIN \r\nPOSSESSION OF LAND, ETC., IN DISPUTE \r\n(See section 145) \r\nIt appearing to me, on the grounds duly recorded, that a dispute, likely to induce a  breach of  \r\nthe peace, existed between ( describe the parties by name and residence, or residence only if the  \r\ndispute  be  between  bodies  of  villagers ) concerning certain (state concisely the subject of dispute), \r\nsituate within the  local limits  of my  jurisdiction,  all the said parties were called upon to give in a \r\nwritten statement of their respective claims as to the fact of actual possession of the said ( the subject \r\nof dispute), and being satisfied by due inquiry  had  thereupon, without  reference  to the merits of the \r\nclaim of either of the  said parties  to the  legal right  or possession, that  the  claim of actual \r\npossession by the said (name or names or description) is true ; \r\nI do decide and declare that he is ( or they are) in possession of the said ( the subject of \r\ndispute) and entitled to retain such possession until ousted by due course of law, and do strictly \r\nforbid any disturbance of his (or their) possession in the meantime. \r\nGiven under my  hand and the  seal of the Court, this  day of  ,18    . \r\n(Seal.)           (Signature) \r\n  \r\n \r\nPage 291 of 307 \r\n \r\nXXlll.— WARRANT OF ATTACHMENT IN THE CASE OF A DISPUTE AS TO THE \r\nPOSSESSION OF LAND, ETC. \r\n(See section 146) \r\nTo the  Police­officer in charge  of the Police­station at  [or, To  the Collector of     ]. \r\nWHEREAS it has been made to appear to me that a dispute likely to induce a breach of the  \r\npeace  existed between ( describe the parties  concerned by name and residence, or residence only  if  \r\nthe dispute be between bodies  of villagers) concerning certain (state concisely the subject of dispute) \r\nsituate within the limits  of my  jurisdiction, and  the said parties were thereupon duly called upon to \r\nstate in writing their respective claims as to the fact of actual possession of the said ( the subject of \r\ndispute), and whereas, upon due inquiry into the said claims, I have decided that  neither of the said \r\nparties was in possession of the said ( the subject of dispute ) [or I am unable to satisfy  myself as to \r\nwhich of the said parties was in possession as aforesaid]; \r\nThis is to authori se and require you to attach the said ( the subject of dispute ) by taking and \r\nkeeping possession thereof, and to hold the same under attachment until the decree or order of a \r\ncompetent Court determining the rights of the parties, or the claim to possession, shall have been \r\nobtained, and to return this warrant with an endorsement certifying the manner of its execution. \r\nGiven under my hand and the  seal of the Court, this   day of  ,18      . \r\n(Seal.)           (Signature) \r\n_________ \r\nXXIV.__ MAGISTRATE’S ORDER PROHIBITING THE DOING OF ANYTHING ON \r\nLAND OR WATER \r\n(See section 147) \r\nA DISPUTE having arisen concerning the right of use of ( state concisely the subject of \r\ndispute) situate within the limits of my jurisdiction, the possession of which land ( or water) is \r\nclaimed exclusively by (describe the person or persons ), and it appearing to me, on due inquiry into \r\nthe same, that the said land ( or water) has been open to the enjo yment of such use by the  public ( or  \r\nif  by an individual or a class of  persons, describe him or them ) and  ( if the  use can be enjoyed \r\nthroughout the year) that the said use has been enjoyed within three months of the institution of the \r\nsaid inquiry ( or if the use is enjoyable only at particular  seasons,  say   “during the  last of the  \r\nseasons  at which the same is capable of being enjoyed”). \r\nI do order that the said ( the claimant or claimants of possession ), or any one in their interest, \r\nshall not take (or retain) possession of the said land ( or water) to the exclusion of the enjoyment of \r\nthe right of use aforesaid, until he ( or they) shall obtain the decree or order of a competent Court \r\nadjudging him (or them) to be entitled to exclusive possession. \r\nGiven under my hand and seal of the Court, this  day of   ,18       . \r\n(Seal.)           (Signature) \r\n \r\n \r\n \r\nPage 292 of 307 \r\n \r\nXXV­BOND AND BAIL­BOND ON A PRELIMINARY INQUIRY BEFORE A \r\nPOLICE­OFFICER \r\n(See section 169) \r\nI, (name), of  , being charged with offence of  and after inquiry required \r\nto appear before the Magistrate of  , \r\nor \r\nand after inquiry called upon to enter into my own recognizance to appear when required, do hereby \r\nbind myself to appear at  , in the Court of  , on the  day of \r\n next (or on such day as I may hereafter be r equired to attend) to answer further to the said \r\ncharge, and, in case of my making default herein, I bind myself to forfeit to 1[Government], 2[* * *], \r\nthe sum of rupees             . \r\nDated this    day of      ,18         .  \r\n(Signature) \r\nI hereby declare myself (or we jointly and severally declare ourselves and each of us) surety \r\n(or sureties) for the abovesaid   that he shall attend at   , in the Court of\r\n  , on the   day of  next ( or on such day as he may hereafter be \r\nrequired to attend), furthe r to answe r to the charge pending against him, and, in case of his making \r\ndefault therein, I hereby bind myself (or we hereby bind ourselves) to forfeit to 1[Government], 2[* * \r\n*], the sum of rupees                          . \r\nDated this     day of     ,18        . \r\n (Signature) \r\n_________ \r\nXXVI_BOND TO PROSECUTE OR GIVE EVIDENCE \r\n(See section 170) \r\nI, (name), of (place), do hereby bind myself to attend at  in the Court of  at \r\n o’clock on the  day of  next and then and there to prosecute ( or to prosecute \r\nand give evidence) (or to give evidence) in the matter of a charge of      against one A.B., and, \r\nin case of making default herein, I bind myself to forfeit to 1[Government],2[* * *], the sum of rupees\r\n      . \r\nDated this     day of     ,18         . \r\n(Signature) \r\n  XXVII. _3[* * * * * * *] \r\n \r\n1Subs. by A.O., 1961, Art 2 and Sch., for “Her Majesty the Queen” (with effect from the 23rd March, 1956). \r\n2The words “Empress of India” omitted by A.O, 1949, Sch. \r\n3Form XXVII omitted by the Law Reforms Ordinance, 1972 (XII of 1972) s.2 and Sch. \r\n  \r\n \r\nPage 293 of 307 \r\n \r\nXXVIII.__ CHARGES \r\n(See sections 221, 222, 223) \r\n(I) CHARGES WITH ONE HEAD \r\n(a) I, [name and office of Magistrate, etc .], hereby charge you [ name of accused person ] \r\nas follows:__ \r\nOn Penal Code, section 121. \r\n(b) that you, on or about the  day of      ,      at  , waged war \r\nagainst 1[Pakistan] , 2[* * *] and thereby committed an offence punishable under section 121 of the  \r\nPakistan Penal  Code, and  within the cognizance of the Court of Session 3[when the accused is to be \r\ntried by  the  High  Court  in  the exercise of its original criminal jurisdiction ], for Court of Session \r\nsubstitute High Court.] \r\n(c) And I hereby direct that you be tried by the said Court on the said charge. \r\n[Signature and seal of the Magistrate] \r\n[To be substituted for (b)]:__ \r\nOn Section 124. \r\n(2) That you, on or about the  day of  , at  ,with the intention \r\nof inducing 4[the 5[President] of Pakistan to refrain from exercising a lawful power as such \r\n5[President], assaulted him], and thereby committed an offence punishable under Section 124 of the \r\nPakistan Penal Code, and within the cognizance of the Court of Session [or High Court]. \r\nOn Section 161. \r\n(3) That you, being a public servant in the  Department, directly accepted \r\nfrom [ state the name ], for another party [ state the name ], a gratification other than legal \r\nremuneration, as a motive for forbearing to do an official act, and thereby committed an offence \r\npunishable under section 161 of the Pakistan Penal Code, and within the cogniza nce of the Court of \r\nSession [or High Court]. \r\nOn Section 166. \r\n(4) That you, on or about the  day of  ,at         , did [ or omitted to do, \r\nas the case may be]  , such conduct                being contrary      to       the  provisions  \r\nof Act     ,section , and known by you to be prejudicial to  ,and thereby committed \r\nan offence punishable under section 166 of the Pakistan Penal Code,  and within the cognizance of \r\nthe Court of Session [or High Court]. \r\n \r\n \r\n1Subs. by A.O., 1961, Art 2 and Sch., for “Her Majesty the Queen” (with effect from the 23rd March, 1956).  \r\n2The words “Empress of Indian” omitted by A.O., 1949, Sch. \r\n3Subs. ibid for “when the charge is framed by a Presidency Magistrate”. \r\n4Subs. ibid., for “the Hon’ble A.B., Member of the Council of the Governor General of India, to refrain from exercising a lawful power as such \r\nMember, assaulted such Member”. \r\n5Subs. by A.O., 1961, Art. 2, for “Governor General” (with effect from the 23rd March, 1965). \r\n \r\nPage 294 of 307 \r\n \r\nOn Section 193. \r\n(5) That you, on or about the  day of  at  in the  course of \r\nthe trial of ,before  ,  stated  in evidence that “  ”which statement  you either \r\nknew or believed to be false, or did not believe to be true, and thereby committ ed an offence \r\npunishable under section 193 of the Pakistan Penal Code, and within the cognizance of the Court of \r\nSession [or High Court]. \r\nOn Section 304. \r\n(6) That you, on or about the  day of  at , committed culpable \r\nhomicide not, amounting to murder, causing the death of    ,       and thereby committed an offence \r\npunishable under section 304 of the Pakistan Penal Code, and within the cognizance of the Court of \r\nSession [or High Court]. \r\nOn Section 306 \r\n(7) That you, on or about the  day of           ,             at              abetted the \r\ncommission of suicide by A,B., a person in a state of intoxication, and thereby committed an offence \r\npunishable under section 306 of the Pakistan Penal Code, and within the cognizance of the Court of \r\nSession [or High Court]. \r\nOn Section 325. \r\n(8) That you, on or about the  day of         ,at              \r\n,voluntarily caused grievous hurt to , and thereby committed an offence punishable, under section \r\n325 of the Pakistan Penal Code, and within the  cognizance  of the Court of Session [or High Court]. \r\nOn Section 392. \r\n(9) That you, on or about the  day of         ,at  , robbed ( state the \r\nname), and thereby committed an offence punishable under section 392 of the Pakistan Penal Code, \r\nand within the cognizance of the Court of Session [or High Court]. \r\nOn section 395. \r\n(10) That you, on or about the  day of  ,at  ,committed \r\ndacoity, an offence punishable under section 395 of the Pakistan Penal Code, and within the \r\ncognizance of the Court of Session [or High Court]. \r\n[In cases tried by Magistrates substitute “within my congizance” for “within the cognizance \r\nof the Court of Session,” ,and in (c) omit “by the said Court”.] \r\n__________ \r\n(II) CHARGES WITH TWO OR MORE HEADS \r\n(a) I, [ name and office of Magistrate, etc. ], hereby charge you [ name of the accused \r\nperson] as follows:__ \r\n  \r\n \r\nPage 295 of 307 \r\n \r\nOn Section 241 \r\n(b) First.__    That you, on or about the  day of  ,at , knowing a coin \r\nto be counterfeit, delivered  the same to another person, by name A.B., as genuine, and thereby \r\ncommitted an offence  punishable under section 241  of the Pakistan Penal Code, and within the \r\ncognizance of the Court of Session [or High Court]. \r\nSecondly.__ That you, on or about the  day of  at  , knowing \r\na coin to be counterfeit,  attempted to induce another person, by name A.B., to receive \r\nit as genuine, and thereby committed an offence punishable under section 241 of the \r\nPakistan Penal  Code, and  within the  cognizance  of the  Court of Session ( or High \r\nCourt]. \r\n(c) And I hereby direct that you be tried by the said Court on the said charge. \r\n[Signature and seal of the Magistrate] \r\n[To be substituted for (b)]:__ \r\nOn Section 302 and 304. \r\n(2) First.__  That you, on or about the  day of          , at , committed murder by \r\ncausing the death of  ,and thereby committed an offence punishable under section 302 of the \r\nPakistan Penal Code, and within the cognizance of the Court of Session [or High Court]. \r\nSecondly.—That you, on or about the  day of  ,at  , by causing the \r\ndeath of ,committed culpable homicide not amounting to murder, and thereby committed an \r\noffence  punishable under section 304 of the Pakistan Penal Code, and within the cognizance of the \r\nCourt of Session [or High Court]. \r\nOn Section 379 & 382. \r\n(3) First._ That you, on or about the  day of  ,at  ,committed theft, \r\nand th ereby committed an offence punishable under section 379 of the Pakistan Penal Code, and \r\nwithin  the  cognizance of the Court of Session [or High Court]. \r\nSecondly.— That you, on or about the day of  ,at , committed theft, having \r\nmade preparation for causing death to a person in order to the committing of such theft, and thereby \r\ncommitted an offence punishable under section 382 of the Pakistan Penal Code, and within the \r\ncognizance of the Court of Session [or High Court ]. \r\nThirdly.— That you, on or  about the  day of  ,at  , committed theft, \r\nhaving made preparation for causing restraint to a person in order to the effecting of your escape \r\nafter the committing of such theft, and thereby committed an offence punishable under section 382 of \r\nthe Pakistan Penal Code, and within the cognizance of the Court of Session [or High Court]. \r\nFourthly.— That you, on or  about the day of   ,at  , committed theft, \r\nhaving made preparation for causing fear of hurt to a person in  order to the  retaining of property \r\ntaken by such  theft, and thereby committed an offence punishable under section 382 of the  Pakistan \r\nPenal Code, and  within the cognizance of the Court of Session [or High Court]. \r\n  \r\n \r\nPage 296 of 307 \r\n \r\nAlternative charge on section 193. \r\n(4) That you, on or about the  day of  ,at  , in the course of \r\nthe inquiry into  , before  ,stated in evidence that   ,and that \r\nyou, on or  about the ,day of  ,at  , in the course of the trial of   ,before\r\n ,stated in the evidence that “        ,” one of which statements you either knew or believed to \r\nbe false, or did not believe to be true,  and  thereby committed an offence punishable under section \r\n193 of the Pakistan Penal Code, and within  the  cognizance of the Court of Session [or High Court]. \r\n[In cases tried by Magistrates substitute “within my cogiznance” for “within the cognizance \r\nof the Court of Session” and in (c) omit “by the said Court”.] \r\n_________ \r\n(III) CHARGES FOR THEFT AFTER PREVIOUS CONVICTION \r\nI, ( name and office of Magistrate, etc .), hereby charge you ( name of accused person ) as \r\nfollows:__ \r\nThat you, on or about the  day of  ,at  , committed theft, and \r\nthereby committed an offence punishable under section, 379 of the Pakistan Penal Code, and within  \r\nthe  cognizance  of the  Court of Session [or High court/Magistrate as the case may be]. \r\nAnd you, the said (name of accused), stand further charged that you, before the committing of \r\nthe said offence, that is to say, on the  day of  ,had been convicted by the ( state Court \r\nby which conviction was had) at   of an offence punishable under Chapter XVII  of \r\nthe Pakistan Penal Code,  with imprisonment for a term of three years, that is to say, the offence of \r\nhouse­breaking by night ( describe the offence in the words used in the section under which the \r\naccused was convicted ), which conviction is still in ful l force and effect, and that you are thereby \r\nliable to enhanced punishment under section 75 of the Pakistan Penal Code. \r\nAnd I hereby direct that you be tried, etc. \r\n__________ \r\nXXIX.__ WARRRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT OR \r\nFINE IF PASSED BY A MAGISTRATE \r\n(See Section 245 1[* *]) \r\nTo the Superintendent (or Keeper) of the Jail at \r\nWHEREAS on the  day of           18, (name of prisoner ), the (1st, 2nd, 3rd, as the \r\ncase may be) prisoner in case No.   of the Calendar for 18    , was convicted before me \r\n(name and official designation ) of the offence of ( mention the offence or offences concisely ) under \r\nsection (or sections)  of the Pakistan Penal Code (or of Act ), and was senten ced to \r\n(state the punishment fully and distinctly); \r\n \r\n1The word and figure “and 258” omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s.3 and Second Sch. \r\n \r\n  \r\n \r\nPage 297 of 307 \r\n \r\nThis is to authorize and require you, the said Superintendent  (or Keeper), to receive the said \r\n(prisoner's name) into your custody in the said Jail, together with this warrant, and there carry the \r\naforesaid sentence into execution according to law. \r\nGiven under my hand and the seal of the Court, this   day of  ,18      . \r\n(Seal)           (Signature) \r\n__________ \r\nXXX.__ WARRANT OF IMPRISONMENT ON FAILURE TO RECOVER AMENDS BY \r\n1[ATTACHEMNT AND SALE] \r\n(See section 250) \r\nTo the Superintendent (or Keeper) of the Jail at \r\nWHEREAS ( name and description ) has brought against ( name and description of the \r\naccused person) the complaint that (mention it concisely) and the same has been dismissed as 2[false \r\nand] frivolous ( or vexatious), and the order of dismissal awards payment by the said ( name  of  \r\ncomplainant) of the  sum  of rupees   as amends; and whereas the said sum has not \r\nbeen paid 3[*  * *]   and  an order has been made for his simple imprisonment in Jail for the period of\r\n            days, unless the aforesaid sum be sooner paid; \r\nThis is to authorize and require you, the  said Superintendent (or Keeper), to receive the said \r\n(name) into your custody, together with this warrant, and him safely to keep in the said Jail for the \r\nsaid period of ( term of imprisonment ), subject to the provisions of Section 69 of the Pakistan Penal  \r\nCode, unless the said sum be sooner paid, and on the receipt thereof, forthwith to set him at liberty, \r\nreturning this warrant with an endorsement certifying the manner of its execution. \r\nGiven under my hand and the seal of the Court, this  day of   ,18    . \r\n(Seal)           (Signature) \r\n__________ \r\nXXXI.—SUMMONS TO WITNESS \r\n(See Sections 69 and 252) \r\nTo      of \r\nWHEREAS complaint has been made before me that  of  has ( or is \r\nsuspected to have) committed the offence of ( state the offence concisely with time and place), and it \r\nappears to me that you are likely to give material evidence for the prosecution; \r\n \r\n1Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (XVIII of 1923), s. 162, for “Distress”. \r\n2Ins. ibid. \r\n3The words “and cannot be recovered by distress of the moveable property of the said (name of complainant)” omitted ibid. \r\n  \r\n \r\nPage 298 of 307 \r\n \r\nYou are hereby summoned to appear before this Court on the  day of \r\n next at ten o’clock in the forenoon, to testify what you know concerning the matter of the said \r\ncomplaint, and not to depart thence without leave of the Court; and you are hereby warned that, if \r\nyou shall without just excuse neglect or refuse to appear on the said date, a warrant will be issued to \r\ncompel your attendance. \r\n \r\nGiven under my hand and the seal of the Court, this   day of  ,18      . \r\n(Seal)           (Signature) \r\n___________ \r\nXXXII      1[*   *   *   *   *   * *] \r\nXXXIII     1[*   *   *   *   *   * *] \r\n \r\nXXXIV—WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH \r\n(See Section 374) \r\nTo the Superintendent (or Keeper) of the Jail at      . \r\nWHEREAS at the Session held before me on the        day of        18, ( name of \r\nprisoner), the (1st, 2nd, 3rd as the case may be) prisoner in case No.  of the Calendar at \r\nthe said Session, was duly convicted of the offence of culpable homicide amounting to murder under \r\nsection   of the Pakistan Penal Code, and sentenced to suffer death, subject to the \r\nconfirmation of the said sentence by the    Court of ; \r\nThis is to authorize and require you, the said Superintendent ( or Keeper), to receive the said \r\n(prisoner’s name) into your custody in the said Jail, together with this warrant, and him there safely \r\nto keep until you shall receive the further warrant or order of this Court, carrying into effect the order \r\nof the said  Court. \r\nGiven under my hand and the seal of the Court, this  day of   ,18       . \r\n(Seal)           (Signature) \r\n_______ \r\n \r\n \r\n \r\n \r\n1Forms XXXII and XXXIII omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n \r\n \r\n \r\nPage 299 of 307 \r\n \r\n \r\n \r\nXXXV.— WARRANT OF EXECUTION ON A SENTENCE OF DEATH \r\n(See section 381) \r\nTo the Superintendent (or Keeper) of the Jail at \r\nWHEREAS (name of prisoner ), the (1st, 2 nd, 3rd, as the case may be ) prisoner in case No.\r\n  of the Calendar at the Session held before me on the  day of  18 , has \r\nbeen  by a warrant of this Court, dated the   day of,  committed to your \r\ncustody under sentence of death; and whereas the order of the  Court of \r\n confirming the said sentence has been received by this Court; \r\nThis is to authorise and require you, the said Superintendent ( or Keeper), to carry the said \r\nsentence into execution by causing the said   to be hanged by the neck until he be \r\ndead, at ( time and place of execution ), and to return this warrant to the Court with an endorsement \r\ncertifying that the sentence has been executed. \r\nGiven under my hand and the seal of the Court, this  day of   ,18       . \r\n(Seal)           (Signature) \r\n_________ \r\nXXXVI—WARRANT AFTER A COMMUTATION OF A SENTENCE \r\n(See sections 381 and 382) \r\nTo the Superintendent (or Keeper) of the Jail at      . \r\nWHEREAS at a Session held on the   day of  18 , ( name of prisoner ), \r\nthe (1st, 2nd, 3rd, as the case may be) prisoner in case No.  of the  Calendar at the said \r\nSession, was convicted of the offence of   punishable under section          of the \r\nPakistan Penal Code, and sentenced to   ,and was thereupon committed to your \r\ncustody;  and whereas by the order of the    Court of  (a duplicate of which is hereunto \r\nannexed) (the punishment adjudged by the said sentence has been commuted to the punishment of \r\ntransportation for life (or as the case may be) ; \r\nThis is to authorize and require you, the  said Superintendent ( or Keeper), safely to keep the  \r\nsaid (prisoner’s name)  in your custody in the said Jail, as  by law is  required, until he  shall be \r\ndelivered over by you to the  proper authority  and custody for the purpose of his undergoing the \r\npunishment of transportation under the said order, \r\nor \r\nIf the mitigated sentence is one of imprisonment, say, after the words,  “custody in the  said Jail ”, \r\n“and  there  to  carry into execu tion the punishment of imprisonment under the said order according \r\nto law”. \r\nGiven under my  hand and the  seal of the Court, this  day of  ,18      . \r\n(Seal)           (Signature) \r\n \r\nPage 300 of 307 \r\n \r\nXXXVll.—WARRANT TO LEVY A FINE BY 1[ATTACHMENT] AND SALE \r\n(See section 386 2[(1) (a)]) \r\nTo (name and designation of the Policeofficer or other person or persons who is or are to execute the \r\nwarrant). \r\nWHEREAS (name and description of the offender) was on the  day of  18 , \r\nconvicted before me of the offence of ( mention the offence concisely), and sentenced to pay a fine of \r\nrupees   ; and whereas the said ( name), although required to pay the said fine, has not paid the \r\nsame or any part thereof; \r\nThis is to authorize  and require you to 3[attach any] moveable property belonging to the said \r\n(name) which may   be  found  within the district of   ; and, if within ( state the number \r\nof days or hours allowed ) next after 4[such attachment ] the  said sum shall not  be paid ( or \r\nforthwith), to sell the  movable  5[property attached], or so much t hereof  as shall be sufficient to \r\nsatisfy the said fine, returning this warrant, with an endorsement certifying what you have done \r\nunder it, immediately upon its execution. \r\nGiven under my hand and the seal of the Court, this   day of  ,18      . \r\n(Seal)           (Signature) \r\n__________ \r\n6[XXXVllA._BOND FOR APPEARANCE OF OFFENDER RELEASED PENDING \r\nREALISATION OF FINE \r\n(See section 388) \r\nWHEREAS I, (name), inhabitant of (place), have been sentenced to pay a fine of rupees          \r\nand in default of payment thereof to undergo imprisonment for  ; and whereas the Court \r\nhas been pleased to order my release 7[* * *] on condition of my executing a bond for my appearance \r\n8[on the following date (or dates) namely:__  ] ; \r\nI hereby bind myself to appear before the  Court of  at  o’clock 9[on the \r\nfollowing date (or dates) namely:__  ], and, in case of making default herein, I bind myself to \r\nforfeit to 10[Government], 11[* * *] the sum of Rupees. \r\nDated this     day of     ,18       .  \r\n(Signature) \r\n \r\nWhere a bond with sureties is to be executed, add__ \r\n \r\n1Subs. by the Code of Criminal Procedrue (Amendment) Act, 1923 (XVIII of 1923), s. 162, for “Distress”. \r\n2Ins. ibid. \r\n3Subs. ibid., for “ make distress by seizure of any”. \r\n4Subs. ibid., for “ such distress”. \r\n5Subs. ibid., for “ Property distrained”. \r\n6Form XXXVIIA ins. by the Code of Criminal Procedure (Amendment) Act, 1923 (XVIII of 1923). \r\n7The words “until the day of “ rep. by s. 5 of the Code of Criminal Procedure (Second Amendment) Act, 1923 (XXXVII of 1923). \r\n8Subs. ibid., for “on that day”. \r\n9Subs. ibid., for “on the said  day of  next”. \r\n10Subs. by A.O., 1961, Art. 2 and Sch., for ''His Majesty the King” (with effect from the 23rd March, 1956). \r\n11The words “Emperor of India” omitted by A.O., 1949, Sch. \r\n \r\n \r\nPage 301 of 307 \r\n \r\nWe do hereby declare ourselves sureties for the above-named  that he will appear \r\nbefore the Court of  1[on the following  date (or dates), namely:__       ] \r\nand, in case of his making default therein, we bind ourselves jointly and severally to forfeit to \r\n2[Government], 3[* * *] the sum of Rupees \r\n(Signature)] \r\n_________ \r\nXXXVIII—WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT WHEN \r\nA FINE IS IMPOSED. \r\n(See section 480) \r\nTo the Superintendent (or Keeper) of the Jail at \r\nWHEREAS at a Court holden before me on this day (name and description of the offender) in \r\nthe presence (or view) of the Court committed wilful contempt; \r\nAnd whereas for such contempt the said ( name of offender) has been adjudged by the Court \r\nto pay a fine of rupees  , or in default to suffer si mple imprisonment for the space of ( state the \r\nnumber of months or days); \r\nThis is to authorize and require you, the Superintendent ( or Keeper) of the said Jail, to \r\nreceive the said ( name of offender ) into your custody, together with this warrant, and him safely to \r\nkeep in the said Jail for the said period of (term of imprisonment), unless the said fine be sooner paid; \r\nand, on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement \r\ncertifying the manner of its execution. \r\nGiven under my hand and the seal of the Court, this   day of  ,18.  \r\n(Seal)           (Signature) \r\n__________ \r\nXXXIX—MAGISTRATE’S OR JUDGE’S WARRANT OF COMMITMENT OF WITNESS \r\nREFUSING TO ANSWER \r\n(See section 485) \r\nTo (name and description of officer of Court.) \r\nWHEREAS ( name and description ), being summoned ( or brought before this Court) as a \r\nwitness and this day required to give evidence on an inquiry into an alleged offence, refused to \r\nanswer a certain question ( or certain questions) put to him touching  the said alleged offence, and \r\nduly recorded, without alleging any just excuse for such refusal, and for his contempt has been \r\nadjudged detention in custody for (term of detention adjudged); \r\n \r\n1Subs. Act No. XXXVIII of 1923, s.5, for “on the said day of next”. \r\n2Subs. by A.O., 1961, Art. 2 and Sch., for “this Majesty the king” (with effect from the 23rd march, 1956). \r\n3The words “Emperor of India” omitted by A.O., 1949, Sch. \r\n  \r\n \r\nPage 302 of 307 \r\n \r\nThis is to authorize and require you to take the said ( name) into custody, and him safely to \r\nkeep in your custody for the space of   days, unless in the meantime he shall consent to \r\nbe examined and to answer the questions asked of him, and on the last of the said days, or forthwith \r\non such consent being known, to  bring him before this Court to be dealt with according to law, \r\nreturning this warrant with an endorsement certifying the  manner  of its execution. \r\nGiven under my hand and the seal of the Court, this   day of  ,18      .  \r\n(Seal)           (Signature) \r\n_________ \r\nXL-XLI.__ 1[* * * * * * *] \r\nXLII.__ 2[* * * * * * *] \r\nXLIII.—WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE \r\nSECURITY \r\n(See section 500) \r\nTo the Superintendent (or Keeper) of the Jail at \r\n(or other officer in whose custody the person is). \r\nWHEREAS (name  and description of prisoner) was  committed to  your custody under \r\nwarrant of this Court, dated the   day of   , and has since with his surety ( or \r\nsureties) duly executed a bond under section 499 of the Code of Criminal Procedure; \r\nThis is to authorize and require you forthwith to discharge the said (name) from your custody, \r\nunless he is liable to be detained for some other matter. \r\nGiven under  my hand and the seal of the Court, this   day of  ,18      .  \r\n(Seal)           (Signature) \r\n__________ \r\nXLIV.—WARRANT OF ATTACHMENT TO ENFORCE A BOND \r\n(See section 514) \r\nTo the Police-officer in charge of the Police-station at     . \r\nWHEREAS (name, description and address of person ) has failed to appear on ( mention the \r\noccasion) pursuant to his recognizance, and has by such default forfeited to 3[Government], 4[* * *], \r\nthe sum of rupees ( the penalty in the bond ); and whereas  the said ( name of person ), has, on due \r\nnotice \r\n \r\n1Forms XL and XLI omitted by the Federal laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981) . s.3 and Second Sch. \r\n2Form XLII omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. \r\n3Subs. by A.O., 1961, Art. 2 and Sch., for “Her Majesty the Queen” (with effect from the 23rd March, 1956). \r\n4The words “Empress of India” omitted by A.O., 1949, Sch. \r\n \r\n \r\nPage 303 of 307 \r\n \r\nto him, failed to pay the said sum or show any sufficient cause why payment should not be enforced \r\nagainst him; \r\nThis is to authorize and require you to attach any moveable property of the said ( name) that \r\nyou may find within the district of  ,  by seizure and detention, and, if the said amount be \r\nnot paid within three days, to sell the property so attached or so much of it as may be suffici ent to \r\nrealise the amount  aforesaid, and to make return of what you have done under this warrant \r\nimmediately upon its execution. \r\nGiven under my hand and the seal of the Court, this,  day of   ,18     .  \r\n(Seal.)           (Signature) \r\n__________ \r\nXLV.__ NOTICE TO SURETY ON BREACH OF A BOND \r\n(See  Section 514) \r\nTo      of                                   . \r\nWHEREAS on the  day of   18 , you became surety for ( name) of \r\n(place) that he should appear before this Court on the  day of   and bound \r\nyourself in default thereof to forfeit the sum of rupees to 1[Government], 2[* * * ]; and whereas \r\nthe said ( name) has failed to appear before this Court and by reason of such default you have \r\nforfeited the aforesaid sum of rupees; \r\nYou are hereby required to pay the said penalty or show cause, within  days from \r\nthis date, why payment of the said sum should not be enforced against you. \r\nGiven under my hand and the seal of the Court, this   day of   ,18.  \r\n(Seal.)           (Signature) \r\n___________ \r\nXLVI.—NOTICE TO SURETY OF FORFEITURE OF BOND FOR GOOD BEHAVIOUR \r\n(See Section 514) \r\nTo      of \r\nWHEREAS on the  day of   18, you became surety by a bond for  \r\n(name) of (place) that he would be of good behaviour for the period of  and bound \r\nyourself in default thereof to forfeit  the  sum of rupees  to 1[Government], 2[* * *], and \r\nwhereas the said ( name) has been convicted of the offence of ( mention the offence concisely ) \r\ncommitted since you became such surety, whereby your security bond has become forfeited; \r\n \r\n1Subs. by A.O., 1961, Art. 2 and Sch., for “Her Majesty the Queen” (with effect from the 23rd March, 1956). \r\n2The words “Empress of India” omitted by A.O., 1949, Sch. \r\n  \r\n \r\nPage 304 of 307 \r\n \r\nYour are hereby required to pay the said penalty of rupees  , or to show cause within \r\ndays why it should not be paid. \r\nGiven under my hand and the seal of the Court, this   day of  ,18     .  \r\n(Seal)           (Signature) \r\n \r\n__________ \r\nXLVII.—WARRANT OF ATTACHMENT AGAINST A SURETY \r\n(See Section 514) \r\nTo      of      . \r\nWHEREAS (name, description and address ) has bound himself as surety for the appearance \r\nof (mention the condition of the bond), and the said (name) has made default, and thereby forfeited to \r\n1[Government] ,2[* * *], the sum of rupees  (the penalty in the bond); \r\nThis is to authorize and require you to attach any moveable property of the said (name) which \r\nyou may find within the district of  , by seizure and detention; and, if the said amount be \r\nnot paid within three days, to sell the property so attached, or so much of it as may be sufficient to \r\nrealize the amount aforesaid, and make return of what you have done under this warrant immediately \r\nupon its execution. \r\nGiven under my hand and the seal of the Court, this   day of  ,18      .  \r\n(Seal)           (Signature) \r\n \r\n__________ \r\nXLVIIl.—WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED PERSON \r\nADMITTED TO BAIL. \r\n(See section 514) \r\nTo the Superintendent (or Keeper) of the Civil Jail at \r\nWHEREAS ( name and description of surety ) has bound himself as a surety for the \r\nappearance of (state the condition of the bond) and the said (name) has therein made default whereby \r\nthe penalty mentioned in the said bond has been forfeited to 1[Government], 2[* * * ], and whereas \r\nthe said (name of surety) has, on due notice to him, failed to pay the said sum or show any sufficient \r\ncause why  payment should not be enforced against him, and the same cannot be recovered by \r\nattachment and sale of movable property of his, an d an order has been made for his  imprisonment in \r\nthe Civil Jail for (specify the period); \r\n \r\n1Subs. by A.O., 1961, Art 2 and Sch., for “Her Majesty the Queen” (With effect from the 23rd March, 1956), \r\n2The words “Empress of India” omitted by A.O., 1949, Sch. \r\n  \r\n \r\nPage 305 of 307 \r\n \r\nThis is to authorize and require you, the said Superintendent ( or Keeper), to receive the said \r\n(name) into your custody with this warrant and him safely to keep in the said Jail for the said (term of \r\nimprisonment),  and to return this warrant with an endorsement certifying the manner of its \r\nexecution. \r\nGiven under my hand and the seal of the Court, this   day of  ,18      .  \r\n(Seal)           (Signature) \r\n__________ \r\nXLIX._ NOTICE TO THE PRINCIPAL OF FORFEITURE OF A BOND TO KEEP THE \r\nPEACE. \r\n(See Section 514) \r\nTo (name, description and address). \r\nWHEREAS on the  day of  18 , you entered into a bond not to commit, etc., \r\n(as in the bond), and proof of the forfeiture of the same has been given before me and duly recorded ; \r\nYou are hereby called upon to pay the said penalty of rupees , or to show cause before \r\nme within   days why payment of the same should not be enforced against you. \r\nDated this      day of    ,18       .  \r\n(Seal.)           (Signature) \r\n \r\n__________ \r\nL.__ WARRANT TO ATTACH THE PROPERTY OF THE PRINICIPAL ON BREACH OF A \r\nBOND TO KEEP THE PEACE. \r\n(See Section 514) \r\nTo (name and designation of  Policeofficer), at the  Policestation of                               . \r\nWHEREAS  (name and description) did, on the  day of  18 , enter into a bond for \r\nthe sum of rupees       binding himself not to commit a breach of the peace, etc. ( as in the bond), and \r\nproof of the forfeiture of the  said bond has been given before me and duly recorded ; and whereas \r\nnotice has been given to the said ( name) calling upon him to show cause why t he said sum should \r\nnot be paid, and he has failed to do so or to pay the said sum ; \r\nThis is to authorize and require you to attach by seizure moveable property belonging to the \r\nsaid (name) to  the  value of rupees   which you may find  within the district of       , \r\nand, if the said sum be not paid within  , to sell the property so attached, or so much of it \r\nas may be sufficient to realise the same ; and to make return of what you have done under this \r\nwarrant immediately upon its execution. \r\nGiven under my  hand and the  seal of the Court, this  day of  ,18     . \r\n(Seal)           (Signature) \r\n \r\nPage 306 of 307 \r\n \r\nLI.__ WARRANT OF IMPRISONMENT ON BRAECH OF A BOND TO KEEP THE PEACE. \r\n(See Section 514) \r\nTo the Superintendent (or Keeper) of the Civil Jail at . \r\nWHEREAS proof has been given before me and duly recorded that ( name  and  description )  \r\nhas  committed  a breach of the bond entered into by him to keep the peace, whereby he has forfeited  \r\nto 1[Government], 2[*   *   *], the  sum of rupees  ; and whereas the said ( name) has fail ed \r\nto pay the said sum or to show cause why the said sum should not be paid, although duly called upon \r\nto do so, and payment thereof cannot be enforced by attachment of his moveable property, and an \r\norder has  been made for the imprisonment of the said ( name) in the Civil Jail for the period of ( term \r\nof imprisonment); \r\nThis is to authorize and require you, the said Superintendent (or Keeper) of the said Civil Jail, \r\nto receive the said (name) into your custody, together with this warrant, and him safely to keep in the  \r\nsaid Jail for the  said period of ( term  of imprisonment ), and to return that warrant with an \r\nendorsement certifying the manner of its execution. \r\nGiven under my hand and the  seal of the Court, this   day of  ,18       . \r\n(Seal)           (Signature) \r\n__________ \r\nLll.__ WARRANT OF ATTACHMENT AND SALE ON FORFEITURE OF BOND FOR \r\nGOOD BEHAVIOUR. \r\n(See  Section 514) \r\nTo the  Police-officer in charge  of the Policestation at     . \r\nWHEREAS  (name  description and address) did, on the  day of  18 , give \r\nsecurity by bond in the sum of rupees  for the good behaviour of ( name, etc., of the \r\nprincipal) and proof has been given before me and  duly recorded of the  commission by the  said \r\n(name) of the  offence of  whereby the said bond has been forfeited; and whereas notice \r\nhas been given to the said ( name) calling upon him to show cause why the said sum should not be \r\npaid, and he has failed to do so or to pay the said sum ; \r\nThis is to authorize and require you to attach by seizure moveable property belongi ng to the \r\nsaid (name) to the value of rupees   which you may find within the district of \r\n , and, if the said sum be not paid within  , to sell the property so attached, or so \r\nmuch of it as may be sufficient to realise the same, and to make return of what y ou have done under \r\nthis warrant immediately upon its execution. \r\nGiven under my hand and the seal of the Court, this  day of   ,18     . \r\n(Seal)           (Signature) \r\n \r\n1Subs. by A.O., 1961, Art. 2 and Sch., for “Her Majesty the Queen” (with effect from the 23rd March, 1956). \r\n2The words “Empress of India” omitted by A.O., 1949, Sch. \r\n \r\n \r\nPage 307 of 307 \r\n \r\nLIII.__ WARRANT OF IMPRISONMENT ON FORFEITURE OF BOND FOR GOOD \r\nBEHAVIOUR. \r\n(See Section 514) \r\nTo the Superintendent (or Keeper) of the Civil Jail at                               . \r\nWHEREAS (name, description and address) did, on the  day of  18 , give \r\nsecurity by bond in the  sum of rupees    for the  good behaviour of ( name, etc., of  the \r\nprincipal), and  proof of the  breach of the said bond has been given before me and duly recor ded, \r\nwhereby the said (name) has forfeited to 1[Government], 2[* *  *] the sum of rupees  , \r\nand whereas he has failed to pay the said sum or to show cause why the said sum should not be  paid  \r\nalthough duly called upon to do so, and payment thereof cannot be enforced by attachment of his \r\nmoveable property, and an order has been made for the imprisonment of the said ( name) in the Civil \r\nJail for the period  of (term of imprisonment) ; \r\nThis is to authorize and require you, the Superintendent ( or Keeper), to re ceive the said \r\n(name) into your custody, together with this warrant, and him safely to keep in the said Jail for the \r\nsaid period of ( term of imprisonment ), returning this warrant with an endorsement certifying the \r\nmanner of its execution. \r\nGiven under my hand and the seal of the Court, this   day of  ,18       .  \r\n(Seal)           (Signature) \r\n \r\n__________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n           \r\n          Dated: 10-06-2026 \r\n1Subs. by A.O., 1961, Art. 2 and Sch., for “Her Majesty the Queen” (with effect from the 23rd March, 1956). \r\n2The words “Empress of India” omitted by A.O., 1949, Sch.",
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