1 
 
 
 
 
THE LAW REFORMS ORDINANCE, 1972 
   
 
 
 
 
CONTENTS 
___________ 
 
SECTIONS: 
 
1. Short title and commencement. 
2. Amendment of certain laws. 
3. Appeal to High Court in certain cases. 
4. Computation of period of limitation. 
5. Saving. 
THE SCHEDULE

2 
 
 
THE LAW REFORMS ORDINANCE, 1972 
 
ORDINANCE NO. XII OF 1972 
[14th April, 1972] 
 
WHEREAS it is expedient, for the purpose of giving effect to certain recommendations of 
the Law Reforms Commission, 1967—70, to amend certain laws; 
 
AND  WHEREAS  the national interest of Pakistan in relation to the achievement of 
uniformity requires Central legislation in the matter; 
 
NOW, THEREFORE, in pursuance of the Proclamation of the 25th day of March, 1969, read 
with the proclamation of the 20th day of December, 1971 and the Provisional Constitution Order, 
and in exercise of  all powers enabling him in th at behalf, the President is pl eased to m ake and 
promulgate the following Ordinance :— 
 
1. Short title and commencement. —(1) This Ordinance may be called the Law 
Reforms Ordinance, 1972. 
 
(2) It shall come into force at once, except the provisions of the Schedule relating to 
amendments in the Code of Criminal Procedure, 1898 (Act V of 1898.), which shall come into 
force in any Province with effect from such date 1* * * as the Provincial Government thereof may, 
by 2Notification in the official Gazette, specify in this behalf 3[and different dates may be so 
specified 4[for different provisions and] for different areas in a Province so that the amendments in 
the Code are brought in force throughout the Province progressively.] 
 
2. Amendment of certain laws. —(1) The Acts and Ordinances specified in the Schedule 
are hereby amended to the extent and in the manner specified in the fourth column thereof. 
 
(2) Where this Ordinance requires that in any s pecified law, or in any section of other 
portion thereof, certain words shall be substituted for certain other words, or that certain 
words shall be omitted, the substitution or omission, as the case may be, shall, except where it is 
otherwise expressly provided, be made wherever the words referred to occur in that law, or as the 
case may be, in that section or portion. 
 
 
 
1 The words “not later than the first day of January, 1973" omitted by the Law Reforms (Amdt.) Act, 1973 (19 of 1973), s. 2. 
2  For Notification enforcing certain provisions of the Ordinance in N.W.F.P., see Government of N.W.F.P., Home and Tribal 
Affairs 
Department Notification No. S.Q. Judl. Misc. (HD)/75, dated the 26th December, 1975, N.W.F.P., Gazette, Ext., dated the 30th 
December, 
1975, page 484a; 
For Notification enforcing certain provisions of the Ordinance, in Punjab, see the Home Department Government of Punjab, 
Notification 
No. Judl/I-3 (2)/75, dated the 26th December, 1975, Gazette of Punjab, Ext., dated the 26th December, 1975, page 1419; 
For Notification enforcing certain provisions of the Ordinance, in Sind, see the Law Department Government of Sind, Notification No. 
S. Legis-4(8)/75, dated the 23rd December, 1975, Gazette of Sind, Ext., dated the 23rd December, 1975, Part I, page 1327-A; and 
For Notification enforcing certain provisions of the Ordinance, in Baluchistan,' see the Law Department, Government of    
Baluchistan 
Notification No. Legis-3/15/Law/75, dated the 23rd December, 1975, Gazette of Baluchistan, Ext., dated the 23rd December, 1975. 
3 Certain words added by Act 19 of 1973, s. 2. 
4 Ins. by the Law Reforms <Amdt.) Act, 1976 (21 of 1976); s. 2 and Sch., 
3 
 
 
1[3. Appeal to High Court in certain cases. —(1) An appeal shall lie to a Bench of two or 
more Judges of a High Court from a decree passed or final order made by a single Judge of that 
Court in the exercise of its original civil jurisdiction. 
 
(2) An appeal shall also lie to a Bench of two or more Judges of a High Court from an order 
made by a single  Judge of that Court under 2[clause (1) of Article 2[199]  of  the 
Constitution of the Islamic Republic of Pakistan] not being an order made under sub- paragraph (i) 
of paragraph (b) of that clause : 
 
Provided that the appeal referred  to  in this sub-section shall not be available or 
competent if the application brought before the High Court under Article 2[199] arises out of any 
proceedings in which the law applicable provided for at least one appeal 3[or one revision or one 
review] to any court, tribunal or authority against the original order. 
 
(3) No appeal shall lie under sub-section (1) or sub-section (2) from an interlocutory order 
or an order which does not dispose of the entire case before the Court. 
 
(4) Nothing contained in this Ordinance shall be construed as affecting— 
 
(a) any appeal under the provisions of the Letters Patent applicable to a High 
Court or under section 102 of the Code of Civil Procedure, 1908 (V of 1908), 
which was pending immediately before the commencement of this Ordinance; 
or 
 
(b) any appeal or petition for leave to appeal from a decree, judgment or order of a 
single Judge of  a High Court made to  the Supreme Court before the com- 
mencement of the Law Reforms (Amendment) Ordinance, 1972.]. 
4[4. Computation of period of limitation. In computing the period of limitation for filing 
an appeal under the provisions of section 3, the period commencing the fourteenth of April, 1972, 
or the date of the decree or order against which the appeal is to be filed, whichever shall be later, 
and the d ate of the commencement of the  Law R eforms (Amend- ment) A ct, 1972, sh all be 
excluded]. 
5[5. Saving. Notwithstanding anything contained in this Ordinance,— 
 
(a) the trial of a warrant case which was pending before a Magistrate immediately 
before the twenty-first day of December, 1975, and in which charge had been 
framed; or . 
 
(b) any inquiry into a case triable by the Court of Session or High Court in which 
charge was framed, or in which the accused was committed for trial by the 
Court of Session or the High Court before the twenty-first day of December, 
1975; shall be p roceeded with and completed as-if the p rovisions of the 
Schedule to this Ordinance relating to  amendments in the Code of Criminal 
Procedure, 1898 (Act V of 1898.), had not come into force: 
 
Provided that any such case decided by a  Magistrate, or any case in 
which the accused was committed for trial by the Court of Session or the High 
Court and d ecided by it,  on or after the said twenty-first day of December, 
1975; but before  the  commencement  of  the  Law  Reforms  (Amendment)  
Ordinance, 1976, by following the procedure provided in the said Code as 
amended by this Ordinance, shall be deemed to have been validly decided.] 
 
1 Subs, and shall be deemed always to have been so subs, by the Law Reforms (Amdt.) Act, 1972 (8 of 1972), s. 2 {w.e.f. 14-4-72). 
2 Subs, by the Law Reforms (Amdt.) Act, 1975 (6 of 1975), s. 2. 
3 Ins. ibid., 
4 Added by Act. 8 of 1972, s. 3. 
5 Added by the Law Reforms (Amdt.) Act, 1976 (21 of 1976), s. 2 and Sch., 
4 
 
 
THE SCHEDULE 
[See section 2 (1)] 
 
 
 
Year 
of 
Statute  
Number 
of 
Statute  
Short 
title of 
  Statute 
 
 
 
Amendments made 
1 2 3 4 
 
1*                    *                      *                      *                      *                      *                      * 
1898      V 
The Code 
of 
Criminal 
Procedure, 
1898 
1. In section 4, in sub-section (1), clauses (e), (v) and (w) shall be 
omitted. Procedure,  
 
2. For section 6, the following shall be substituted, namely :— 
 
"6. Classes of Criminal Courts and Magistrates.—(1) Besides the 
High Court and the Courts constituted under any law other than 
this Code for the time being in force, there shall be two classes of 
Criminal Courts in Pakistan, namely :— 
 
I. Courts of Session; , 
 
II. Courts of Magistrates. 
 
(2) There shall be the following classes of Magistrates, namely:—   
I. Judicial Magistrates.— 
(1) Magistrates of the first class. 
(2) Magistrates of the Second class. 
            (3) Magistrates of the third class. 
(4) Special Judicial Magistrates. 
II. Executive Magistrates.— 
(1) District Magistrates. 
(2) Additional District Magistrates.  
(3) Sub-divisional Magistrates. 
(4) Special Executive Magistrates." 
 
 
 
 
 
 
 
 
 
 
 
1All the entries relating to the amendments of the Acts and Ordinance 1898 have been omitted by the federal Laws (Revision and 
Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch., 
5 
 
 
1[(5) Magistrate of the first class. (6) Magistrate of the second class. (7) Magistrates of 
the third class.] 
2[2A. In section 10, in sub-section (3), for the commas, figures, words and brackets", 
407,  sub-section  (2) and  528,  sub-sections  (2)  and  (3)" the  words,  figures,  comma  and 
brackets "and 407, sub-section (2)" shall be substituted.] 
 
3. For section 10, the following shall be substituted, namely:— 
 
"10. District Magistrates—(1) In every district, the Provincial Government shall appoint 
a District Magistrate. 
 
(2) The  Provincial Government may also appoint Additional District Magistrates to 
exercise jurisdiction in one or more districts, and such Additional District Magistrates shall have 
all or any of the powers of a District Magistrate under this Code or under any other law for the 
time being in force, as the Provincial Government may direct. 
 
4. In section 12, in sub-section (1), the  commas and words ", besides the Dist rict 
Magistrate,",  and  the  words  and  comma  "the  Provincial  Government  or  the  District 
Magistrate, subject to the control of the Provincial Government" shall be omitted. 
 
5. In section 13, for the words "Magistrate of the first or second class" the words 
"Executive Magistrate" shall be substituted. 
 
6. For section 14, the following shall be substituted, namely :— 
 
"14. Special Judicial and Executive Magistrates.—(1) The Provincial Government may, 
on the recommendation of the High Court, confer upon any p erson all or any of  the pow ers 
conferred or conferrable by or under this Code on a Judicial Magistrate in respect to particular 
cases or to a particular class or particular classes of cases, or in regard to cases generally in any 
local area. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1 New serial numbers and entries added by the Legal Reforms Act. 1997 (23 of 1997) s. 3. 
2 Item 2A ins. by the Law Reforms (Amdt.) Act, 1976 {21 of 1976). s. 2 and Sch.. 
6 
 
 
(2)  Such  Magistrates  shall  be  called  Special  Judicial  Magistrates  and  shall  be 
appointed for su ch term as the Provincial Government may, in consultation with the Hi gh 
Court, by general or special order, direct. 
 
(3) The Provincial Government may also appoint Executive Magistrates for particular 
areas or for performance of particular functions and confer upon them all or any of the 
powers conferred or conferrable by or under this Code on an Executive Magistrate. 
 
(4) Such Magistrates shall be called Executive Magistrates and shall be appointed for 
such term as the Provincial Government may, by general or special order, direct: 
 
Provided that no powers shall be conferred under this sub-section on any Police 
Officer below the grade of Assist ant Superintendent and no power s hall be conferred on a 
Police Officer except so far as may be necessary for preserving the peace, preventing crime 
and detecting, apprehending and detaining offenders in order to their being brought before a 
Magistrate and for performance the Officer of any other duties imposed upon him by any law 
for the time being in force. 
 
(5) The Provincial Government may delegate, subject to such limitations as it thinks 
fit, to any officer under its control the powers conferred by sub-section (3)." 
 
7. In section 15, in sub-section (1), for the word "Magistrates" the words "Judicial 
Magistrates" shall be substituted. 
 
8. In section 16, the words and commas "or, subject to the control of the Provincial 
Government, the District Magistrate may," shall be omitted. 
 
9. In section 17,— 
 
(i) for sub-sections (1) and (2) the following shall be substituted, namely:— 
 
"Subordination of Judicial Magistrates and B enches to Sessions Judge.—(1) All 
Judicial Magistrates appointed under sections 12 and 14, and all Benches constituted under 
section 15, shall be subordinate to the Sessions Judge, and he may, from time to time, make 
rules or give special orders consistent with this Code and any rules framed by the Provincial 
Government under section 16, as to the distribution of business among such Magistrates and 
Benches. 
 
Subordination of Executive Magistrates to District Magistrate.— (2) All Executive 
"Magistrates appointed under sections 1[12, 13] and 14 shall be subordinate to the District 
Magistrate and he may, from lime to time, make rules or give special orders consistent with 
this Code and any rules framed by the Provincial Government under section 16, as to the 
distribution of business among such Magistrates. 
 
 
 
 
 
 
 
 
1 Subs. by the Legal Reforms Act, 1997 (23 of 1997), s. 3 for figure “13”. 
7 
 
 
Subordination of Executive Magistrates to Sub-divisional Magistrate.—(2A) Every 
Executive Magistrate (other than a Sub-divisional Magistrate) in a Sub-division shall also be 
subordinate to the Sub-divisional Magistrate, subject, however, to the general control of the 
District Magistrate."; 
 
(ii) in  sub-section (4), the  words and commas "or, if there be no  Additional or 
Assistant Sessions Judge, by the  District Magistrate," and the words "or 
Magistrate" shall be omitted; and 
 
(iii) sub-section (5) shall be omitted. 
 
10. For section 22, the following shall be substituted, namely :— 
 
"22. Appointment of J ustices of t he Peace.—The Provincial Government may, by 
notification in the official Gazette, appoint,  for such period as  may be specified in the 
notification, and subject to such rules as may be made by it, any person who is a citizen of 
Pakistan arid as to whose integrity and suitability it is satisfied to be a Justice of the Peace for 
a local area to be specified in the notification, and more than one Justice of the Peace may be 
appointed for the same local area. 
 
22A. Powers of Justices of the Peace.—(I) A Justice of the Peace for any local area 
shall, for the purpose of making an arrest, have within such area all the powers of a police 
officer referred to in section 54 and of an officer in charge of a police-station referred to in 
section 55. 
 
(2) A Justice of the Peace making an arrest in exercise of any po wers under sub- 
section (1) shall, forthwith, take or cause to be taken the person arrested before the officer in 
charge of the  nearest police-station and furnish such officer with a report as to the 
circumstances of the arrest and such officer shall thereupon re-arrest the person. 
 
(3) A Justice of the Peace for any local area shall have powers, within such area, to 
call upon any member of the police force on duty to aid him— 
 
(a) in taking or preventing the escape of any person who has participated in the 
commission  of  any  cognizable  offence  or  against  whom  a  reasonable 
complaint has been m ade or credible in formation has been received or a 
reasonable suspicion exists of his having so participated; and 
 
(b) in the prevention of crime in general and, in particular, in the prevention of a 
breach of the peace or a disturbance of the public tranquility. 
 
(4) Where a member of the police force on duty has been called upon to render aid 
under sub-section (3), such call shall be deemed to have been made by a competent authority. 
 
(5) A Justice of the Peace for any local area may, in accordance with such rules as 
may be made by the Provincial Government,— 
8 
 
 
(a) issue a certificate as to the identity of any person residing within such area, or 
 
(b) verify any document brought before him by any such person, or 
 
(c) attest any such document required by or under any law for the time being in 
force to be attested by a Magistrate, and until the contrary is proved, any 
certificate so issued shall be presumed to be correct and any document so 
verified shall be deemed to be duly verified, and any document so attested 
shall be deemed to have been as fully attested as if he had been a Magistrate. 
 
22B. Duties of Justices of the peace.—Subject to such rules as may be made by the 
Provincial Government, every Justice of the Peace for any local area shall— 
 
(a) on receipt of information of the occurrence of any incident involving a breach 
of the peace, or of the commission of any o ffence within such local area, 
forthwith make inquiries into the matter and report in writing the result of his 
inquiries to the nearest Magistrate and to the officer in charge of the nearest 
police-station; 
 
(b) if the offence referred to in clause (a) is a cognizable offence, also prevent the 
removal of anything from, or the interference in any way with, the place of 
occurrence of the offence; 
 
(c) when so requested in writing by a police-officer making an investigation under 
Chapter XIV in respect of any offence committed within such local area,— 
(i) render all assistance to the police-officer in making such an investigation; 
(ii) record any statement made under expectation of death" by a person in 
respect of whom a crime is believed to have been committed.". 
 
1[11. In section 28, in clause (c), for t he full stop at the end a colon shall be su b- 
stituted, and thereafter the following proviso shall be added, namely :— 
 
Provided  that  the offences  falling under  Chapters  VIII,  X,  XIII  and  XIV  of the 
Pakistan Penal Code (Act XLV of 1860),  except offences specified in section 153A and 
section 281 of the said Code, shall be tried by the Executive Magistrates and the expression 
"Magistrate"  used  in  the  s aid  eighth  column  shall  mean  Executive  Magistrate  of  the 
respective class.] 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1 Subs by the legal Reforms Act 1997 (23 of 1997) s. 3 for “item 11”. 
9 
 
 
1[11 A. In section 29, in sub-section (2), for the full stop at the end a colon shall be 
substituted and thereafter the following proviso shall be added namely:— 
 
Provided that the offences punishable with imprisonment for a term not exceeding 
three  years,  with  or  without  any  other  punishment,  shall  be  tried  by  the  Executive 
Magistrates.] 
 
12. For section 29-B the following shall be substituted, namely:— 
 
"29-B.  Jurisdiction  in  the  case  of  juveniles.—Any  o ffence,  other  than  one 
punishable with death or imprisonment for life, committed by any person who at the date 
when he appears or is brought before a Court is under the age of fifteen years, may be tried 
by any Judicial Magistrate especially empowered by the Provincial Government to exercise 
the powers conferred by section 8, sub-section (1), of the Reformatory Schools Act, laid, or, 
in any area in which the said Act is not applicable, by any other law providing for the 
custody, trial or punishment of youthful offenders, by any Magistrate empowered by or under 
such law to exercise all or any of the powers conferred thereby.". 
 
2[12-A In section 30, the words and comma "and the Dist rict of Sylhet,1 shall be 
omitted.] 
 
3[13. In section 30, for the words, figure and comma "section 29, invest the District 
Magistrate or any" the words, figures and comma "sections 28 and 29, invest any Judicial" 
shall be substituted.] 
 
4*                    *                      *                      *                      *                      *                      * 
 
 
5[15. In section 32, in sub-section (1),— 
 
(i)  for  the  words  "two  years"  the  words  "three  years";  for  the  words  "one 
thousand" the  words "five thousand"; for the words "six months" the  words 
"one year"; and for the words "two hundred" the words "one thousand" shall 
respectively be substituted; and 
 
6*                    *                      *                      *                      *                      *                      * 
 
 
7*                    *                      *                      *                      *                      *                      * 
 
 
 
 
 
 
 
1 New item 11A ins. ibid. 
2 Item 12A ins. by the Law Reforms (Amdt.) Act, 1976 (2! of 1976), s. 2 and Sch., 
3 Subs. by the Legal Reforms' Act, 1997 (23 of 199.7) s. 3 for "item 13". 
4 Item 14 omitted by the Criminal Procedure (Amdt.) Act, 1974 (25 of 1974), s. 2 and Sch., (w.e.f. 24-4-74). 
5 Subs. by Act 21 of 1976, s. 2 and Sch., for item 15. 
6 Sub-item (ii) of item. 15 and item 16 omitted by Act 23 of 1997, s. 3. 
7Sub-item (i), of item 17 omitted by Act 25 of 1974, s. 2 and Sch., (24-4-74). 
10 
 
 
(ii)   in sub-section (2), in clause (b) of the proviso, the brackets, words and figure 
"(other than a Magistrate acting under section 34)" shall be omitted. 
 
18. In s ection 36, for the wo rds and commas "District Magistrates, Sub-Divisional 
Magistrates and the Magistrates of the first, second and third classes," the words "Judicial and 
Executive Magistrates" shall be substituted. 
 
19. For section 37 the following shall be substituted, namely: 
 
"37. Addi tional Powers conferrable on Magi strates.—In addition to his o rdinary 
powers, any M agistrate may be invested by t he Provincial Government with any p owers 
specified in the fourth schedule : 
 
Provided that, in the case of a Judicial Magistrate, such powers shall be conferred on 
the recommendation of the High Court: 
 
Provided further that the Provincial Government may authorise a District Magistrate 
to invest any Magistrate subordinate to him with any of the powers specified in Part II of the 
fourth schedule." 
 
20. In s ection 41, in  sub-section (1) for the full-stop at the end a colon shall be 
substituted and thereafter the following proviso shall be added, namely:— 
 
"Provided that, in the case of a Judicial Magistrate, the withdrawal of such powers 
shall not be made except on the recommendation of the High Court.". 
 
21. In section 42, after the word "Magistrate", the comma and words ", Justice of the 
Peace" shall be inserted. 
 
l[22. In section 44,— 
 
(i) for sub-section (1) the following shall be substituted, namely:— 
 
‘(1) Every person aware of the commission of, or of the intention of any 
other person to commit, any o ffence punishable under any of  the 
following  sections  of  the  Pakistan  Penal  Code,  namely,  121,121A, 
122,123, 123A, 124,124A, 125,126,130, 143, 144, 145,147,148,153A, 
161,162,163,164,165,168,170,231,232,  255,  302,  303,  304,  304A, 
364A, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 
449,450, 456, 457, 458 ,459,460 and 489A s hall, in the absence of 
reasonable  excuse  the  burden  of  proving  which  shall  lie  upon  the 
person so aware, forthwith give information to the nearest Magistrate 
or police-officer of such commission or intention; and 
 
(ii) In sub-section (1) substituted as aforesaid, after the word "Magistrate" the 
comma and words "Justice of the Peace" shall be inserted.] 
 
23. In section 45, in sub-section (1), after the word "Magistrate" occurring for the first 
time, the words "or Justice of the Peace" shall be inserted. 
 
 
 
 
1 Subs. by the Law (Reforms (Amdt.) Act, 1976 (21 of 1976), s. 2 and Sch., for item 22. 
11 
 
 
 
1*                    *                      *                      *                      *                      *                      * 
 
25. In section 57, in sub-section (2), after the word "Magistrate", the words and 
comma "having jurisdiction," shall be inserted. 
 
26. In section 68, in sub-section (2), for the full-stop at the end a colon shall be 
substituted and thereafter the following proviso shall be added, namely:— 
 
"Provided that the Court may, at the request of the complainant or the accused, allow 
him to serve the summons on his own witnesses". 
 
27. In section 69, in sub-section (2), the words and comma "if so required by the 
serving officer," shall be omitted. 
 
28. In section 70, the commas and words ", if so required by the serving officer," shall 
be omitted. 
 
29. In section 72, in sub-section (1), for the words "Railway Company" the words "a 
statutory body or a company" shall be substituted. 
 
30. In section 74, in sub-section (1), for the word "officer" the word "person" shall be 
substituted. 
 
31. In section 86, in sub-section (1), for the full-stop at the end a colon shall be 
substituted and thereafter the following further proviso shall be added, namely:— 
 
"Provided further that if the offence is not bailable or not direction has been endorsed 
under s ection 76 on the w arrant, the Sessions Judge of the Sessions division in which the 
person is arrested may, subject to the provisions of s ection 497 and for sufficient reasons, 
release the person on an interim bail on such bond or security as the Sessions Judge thinks fit 
and direct the person to appear by a specified date before the Court which issued the warrant 
and forward the bond to that Court". 
 
2[32. After section 86, the following new section 86A shall be inserted, namely:— 
 
"86A. Procedure for removal in custody to Tribal Area.— Where a p erson arrested 
under section 85 is to be removed in custody to any place in the Tribal Areas, he shall be 
produced before a Magistrate within the local limits of whose jurisdiction the arrest was 
made, and such Magistrate in directing the removal shall hear the case in the same manner 
and have the same jurisdiction and powers, as nearly as may be, including the power to order 
the production of evidence, as if the person arrested were charged with an offence committed 
within the jurisdiction of such Magistrate; and such Magistrate shall direct the removal of the 
arrested person in custody if he is satisfied that the evidence produced before him raises a 
strong or probable presumption that the person arrested committed the offence mentioned in 
the warrant’. 
 
 
 
 
1  Item 24 omitted by the Criminal Procedure (Amdt.) Act, 1974 (25 of 1974), s. 2 and Sch., (w.e.f. 24-4-74).2  Subs. by the Law Reforms 
(Amdt.) Act, 1976 (21 of 1976), s. 2 and Sch., for item 32. 
12 
 
 
1*                    *                      *                      *                      *                      *                      * 
 
33. In section 87, in sub-section (1), for the words and brackets "has reasons to 
believe (whether after taking evidence or not)" the words "is satisfied after taking evidence" 
shall be substituted. 
 
34. In section 88,— 
 
(i) in sub-section (6) for the words and figure " Ch apter XXXVI of the Code of Civil 
Procedure" the words and figures "Order XL of the Code of Civil Procedure, 1908" shall be 
substituted; and 
 
(ii) in sub-section (6Q, the words and comma "of the first or second class," shall be omitted. 
 
35. In section 90, the words "other than a juror or assessor" shall be omitted. 
 
2[36. In section 98,— 
 
(i) in sub-section (1),— 
 
(a) for the words and comma " or  coin, or instruments or materials for 
counterfeiting coin or stamps" the commas and words", bank notes, currency 
notes or coin or instruments or materials for counterfeiting coin, stamps, bank 
notes or currency notes" shall be substituted; 
 
(b) the  commas and words ", if a Dist rict Magistrate, or a Sub-divisional 
Magistrate, upon information and after such inquiry as he thinks necessary, 
has reason to believe that any place is used" shall be omitted; 
 
(c) in clause (c), after the words " stamps ", the commas and words ", bank notes, 
currency notes" shall be inserted; 
 
(d) in clause (d), after the word and comma "stamps,", the words and commas 
"bank notes, currency notes," shall be inserted; and 
 
(e) in clause ( e), after the wo rd and comma "stamps,", the words and commas 
"bank notes, currency notes," shall be inserted and for the words "or stamps" 
the commas and words ", stamps, bank notes or currency not es" shall be 
substituted; and 
 
(ii) in sub-section (2), for the words, figures and comma "section 19 of the Sea 
Customs Act, 1878 "the words, figures and comma " s ection 16 of the 
Customs Act, 1969" shall be substituted.] 
 
 
 
 
 
 
 
 
 
 
 
 
 
1 Item 32A omitted by the Legal Reforms Act, 1997 (23 of 1997), s. 3. 
2 Subs, by Act 21 of 1976 for "item 36". 
13 
 
 
 
37. In section 99A, for the words, figure and commas " Press and Registration of 
books Act, 1867," the words, figures and commas l* * * West Pakistan Press and Publications 
Ordinance, 1963, or any oth er law relating to press and publications for the time being in 
force," shall be substituted. 
 
38. Section 99B shall be re-numbered as sub-section (l) of that section and— 
 
(i) in sub-section (1), re-numbered as aforesaid, after the words, figure, letter 
and comma "under section 99A,", the words "or any other law for the time 
being in force" shall be inserted; and. 
 
(ii) after sub-section (1) re-numbered and amended as aforesaid, the following 
new sub-section shall be added, namely:— 
 
"(2) Nothing in sub-section (1)shall apply to a case where the order of forfeiture has 
been made— 
 
(a) in respect of a newspaper, book or other document printed outside Pakistan; 
and 
 
(b) in respect of a newspaper, book or other document on the conviction, in 
respect of su ch newspaper, book or oth er do cument, of the author or editor 
thereof for any of the offences referred to in sub-section (1) of section 99A.", 
 
39. Section 99C shall be omitted. 
 
40. In section 99D— 
 
(i) in sub-section (1), for the words "Special Bench" the words "High Court" 
shall be substituted; and 
 
(ii) sub-section (2) shall be omitted. 
 
41. In section 106,— 
 
2*                    *                      *                      *                      *                      *                      * 
 
(ii) in sub-section (3), for the words and figures "including a  Court hearing 
appeals under section 407 or by the High Court when" the words "or by a 
Court" shall be substituted. 
 
42. In section 107, in sub-section (1),— 
 
(i) for the commas and words ", District Magistrate, Sub-divisional 
Magistrate or  Magistrate of the first class" the  words "District 
Magistrate or Sub- divisional Magistrate or an Executive Magistrate 
specially empowered in this  behalf by the  Provincial Government or 
the District Magistrate" shall be substituted; and 
 
 
 
1 Certain words omitted by the Law Reforms (Amdt.) Act, 1976 (21 of 1976), s. 2 and Sch. 
2Sub-item (i) omitted by the Legal Reforms Act, 1997 (23 of 1997), s. 3. 
14 
 
 
(ii) for the words "one year" the words "three years" shall be substituted. 
 
43. In section 108,— 
 
(i) for the commas and words ", or a Magistrate of the first class" the words 
"or Sub-divisional Magistrate or an Executive M agistrate" shall be 
substituted; and 
 
(ii) for the commas, words arid figure ", the rules laid down m the Press and 
Registration of Books Act, 1867," the  commas, words and figures ", the 
provisions of 1* * * the West Pakistan Press and Publications Ordinance, 
1963, or any other law relating to press and publications for the time being 
in force" shall be substituted. 
 
44. In section 109,— 
 
(i) for the commas and words ", District Magistrate, Sub-divisional Magistrate 
or a Magistrate of the  first class" the  words "District Magistrate or Sub- 
divisional Magistrate or an Executive Magistrate specially empowered by 
the Provincial Government in this behalf" shall be substituted; and 
 
(ii) for the words "one year" the words "three years" shall be substituted. 
 
45. In section 110, for the words "a Magistrate of the first class" the words "an 
Executive Magistrate" shall be substituted. 
 
46. In section 117, for sub-section (2), the following shall be substituted, namely:— 
 
 
 
"(2) Such inquiry s hall be made, as nearly as may be practicable, in the manner 
prescribed in Chapter XX for conducting trials and recording evidence, except that no charge 
need be framed. 
 
47. In section 126, for the comma and the words ", Sub-divisional Magistrate or 
Magistrate of the first class" the words "or Sub; divisional Magistrate" shall be substituted. 
 
48. In section 127, in sub-section (1), for the word "Magistrate" the words "Executive 
Magistrate" shall be substituted. 
 
49. In section 128— 
 
(i) for the word " Magistrate'' t he words'' E xecutive Magistrate " shall be 
substituted; and 
 
(ii) the words, comma and figure "or a volunteer enrolled under the Indian 
Volunteers Act, 1869" shall be omitted. 
 
50. In section 129, for the word "Magistrate" the words "Executive Magistrate" shall 
be substituted. 
 
 
 
 
 
1 Omitted by the Law Reforms (Amdt.) Act, 1976 (21 of 1976), s. 2 and Sch., 
15 
 
 
51. In section 130, in sub-section (1), the w ords, commas and figure "or of any 
volunteers enrolled under the Indian Volunteers Act, 1869," shall be omitted. 
 
52. In section 131,— 
 
(i) for the words "no Magistrate" the words "no Executive Magistrate" shall be 
substituted; and 
 
(ii) for the words " a Magistrate" the words "an Executive Magistrate" shall be 
substituted. 
 
53. In section 132, in clause (d), the words and comma " or  volunteer," shall be 
omitted. 
 
54. In section 133 — 
 
(i) in sub-section (1), for the words "a Magistrate of the first class" the -words 
"an Executive Magistrate" shall be substituted; and 
 
(ii)  for  the  words  "Magistrate  of  the  first  or  second  class"  the  words 
"Executive Magistrate" shall be substituted. 
 
55. In section 137, in sub-section (1), for the words "as in a summons-case" the words 
"in the manner provided in Chapter XX" shall be substituted. 
 
56.  In  section  143,  for  the  words  "any  other  Magistrate"  the  words  "any  other 
Executive Magistrate" shall be substituted. 
 
57. In section 144, words and brackets "Magistrate (not Magistrate of the third class)" 
the words "Executive Magistrate" shall be substituted. 
 
58. In section 145, in sub-section (1), for the comma and words ", Sub-divisional 
Magistrate or M agistrate of the first class" the wo rds "or Sub-divisional Magistrate or an 
Executive Magistrate specially empowered by the Provincial Government in this behalf" shall 
be substituted. 
1[58A. In section 146, in sub-section (2), for the words "Code of Civil Procedure" the 
words, comma and figure "Code of Civil Procedure, 1908" shall be substituted.] 
 
59. In section 147, in sub-section (1), for the comma and words ", Sub-divisional 
Magistrate or M agistrate of the first class" the wo rds "or Sub-divisional Magistrate or an 
Executive Magistrate specially empowered by the Provincial Government in this behalf" shall 
be substituted. 
 
60. In section 155,— 
2*                    *                      *                      *                      *                      *                      * 
 
(ii) in sub-section (2), for the words and comma "or commit the same for trial, 
or of a Presidency Magistrate" the words "or send the same for trial to the 
Court of Session" shall be substituted. 
 
61. In section 156, after sub-section (3), the following new sub-section shall be added, 
namely :— 
 
"(4) Notwithstanding anything contained in sub-section (1), ( 2) or  (3), no police- 
officer shall investigate ah offence under section 497 or s ection 498 of the Pakistan Penal 
Code, except 
 
 
 
 
 
1 Item 58-A ins. by the Law Reforms (Amdt.) Act, 1976 (21 of 1976), s. 2 and Sch. 
2Sub-item (i) omitted by the legal reforms act, 1997 (23 of 1997) s.3. 
16 
 
 
upon a complaint made by the husband of the woman, or, in his absence, by some person who 
had the care of such woman on his behalf at the time when such offence was committed.". 
 
62. In section 164, after sub-section (1), the following new sub-section shall be added, 
namely:— 
 
"(1-A) Any such statement may be recorded by such Magistrate in the presence of the 
accused, and the accused given an opportunity of  cross-examining the  witness making the 
statement." 
 
63. In section 167, 
1*                    *                      *                      *                      *                      *                      * 
2[(iA) in sub-section (1), the following explanation shall be added at the end, 
namely:— 
 
"Explanation.-—For the purpose of this section, in the cases triable by the 
Executive Magistrates, the expression "nearest Magistrate" means the 
Executive Magistrate and in all other cases the Judicial Magistrates.] 
 
(ii)  in  sub-section  (2), for  the  word  "commit"  the  word  "  send"  shall  be 
substituted; and 
 
(iii) for sub-section (4), the following shall be substituted, namely:— 
 
"(4) The Magistrate giving such order shall forward a copy of his reasons for making 
it, to the Sessions Judge." 
 
64. In section 169, for the word 'commit" the word "send" shall be substituted. 
 
65. In section 170,— 
 
(i) in sub-section (1), for the word "commit" the word send" sh all be . 
substituted; and 
 
(ii) sub-section (3) shall be omitted. 
 
66. In section 174, in sub-section (5), for the words and comma " Magistrate of the 
first class, and any Magistrate" the words "any oth er Executive Magistrate" shall be 
substituted. 
 
67. In section 178,— 
 
(i) for the words " committed for trial in any district may be  tried in any 
sessions division" the words "in any dist rict sent for trial to a Court of 
Session may be tried in any sessions division " shall be substituted; and 
 
(ii) for the proviso the following shall be substituted, namely :— 
 
"Provided that such direction is not repugnant to any di rection 
previously issued by the High Court under section 526 of this Code or any 
other law for the time being in force. 
3*                    *                      *                      *                      *                      *                      * 
69. In section 187, in sub-section (1), for the words and comma "by a Magistrate other 
than a District Magistrate, such Magistrate shall send the person arrested to the District or 
Sub-divisional Magistrate" the comma and words ", the Magistrate Issuing the Warrant shall 
send the arrested person to the Sessions Judge" shall be substituted. 
 
 
 
1 Sub-item (i) omitted by the Legal Reforms Act, 1997 (23 of 1997), s. 3. 
2 New sub-item (iA) ins, ibid., 
3item 68 omitted ibid., 
17 
 
 
70. In section 190 — 
1*                    *                      *                      *                      *                      *                      * 
2[(ii) for sub-section (2) the following shall be substituted, namely :— 
 
"(2) The Provincial Government may empower any M agistrate to take cognizance 
under sub-section (1), clause (a) or clause (b) of offences for which he may try or send to the 
Court of Session for trial: 
 
Provided that in the case of a Judicial Magistrate the Provincial * Government shall 
exercise this power on the recommendation of the High Court.] 
 
(ii A) in sub-section (2), for the words "commit for trial" the words "send, to the Court 
of Session for trial" shall be substituted; and 
 
(iii) for sub-section (3), the following shall be substituted, namely:— 
 
"(3) A Magistrate taking cognizance under sub-section (1) of an offence triable 
exclusively by a Court of Session shall, without recording any evidence, send the case to the 
Court of Session for trial]." 
3[70A. In section 191, for the word "committed" the word "sent" shall be substituted.] 
 
71. For section 191 the following shall be substituted, namely:— 
 
"191. Transfer on application of the accused.—When a Magistrate takes cognizance 
of an offence under sub-section (1) clause (c), of the preceding section, the accused shall, 
before any evidence is taken, be informed that he is entitled to have the case tried by another 
Courts and, if the accused, or any of the accused if there be more than one, objects to being 
tried by such magistrate, the case shall, instead of being tried by such Magistrate, be sent 
4["in the case of Judicial Magistrate, to the Sessions Judge, and in the case of E xecutive 
Magistrate, to the District Magistrate" shall be substituted] for transfer to another Magistrate.". 
5[71A. In section 192, in sub-section (2), for the words "commit him" the words "send 
him to the Court of Session" shall be substituted.] 
6[72. In section 192.— 
 
(i) in sub-section (1), for the full stop at the end a colon shall be substituted, and 
thereafter the following proviso shall be added, namely :— 
 
"Provided that if the offence is triable by a Judicial Magistrate the case shall be 
sent to the Court of Session for transfer to such Magistrate."; 
 
(ii) for sub-section (2) the following shall be substituted, namely :— " 
 
(2) Any District Magistrate may empower any Executive Magistrate subordinate to 
him, who has taken cognizance of any case, to transfer such case for inquiry or trial to any 
other  Executive  Magistrate  in  his  district  who  is  competent  under  this  Code  to  try the 
accused; and such Magistrate may dispose of the case accordingly;" ; and 
 
 
 
 
 
 
1Sub-item (i) omitted by theLegal Reforms Act, 1997 (23 of 1997) s.3. 
2Subs. ibid., for sub-item (ii) which was previously subs. by Act 21 of 1976, s.2 and sch., 
3item 70A ins. by the Law Reforms 9amdt.) Act, 1976 (21 of 1973) s.2 and sch., 
4 Sub-item (i) omitted by the Legal Reforms Act, 1997 (23 of 1997), s. 3. 
5 Subs. ibid., for sub-item (ii) which was previously subs. by Act 21 of 1976, s. 2 and Sch., 
6 Item 70A ins. by the Law Reforms (Amdt.) Act 1976 (21 of 1976), s. 2 and sch., 
18 
 
 
(iii) after sub-section (2), substituted as aforesaid, the following section (3) 
shall be added, namely :— 
 
"(3) A Sessions Judge may empower any Judicial Magistrate, who has taken 
cognizance of any case, to transfer such case for trial to any other Judicial Magistrate in his 
district, and such Magistrate may dispose of the case accordingly.] 
 
73. In section 193, in sub-section (1), for the words "unless the accused has been 
committed to it by a  Magistrate duly empowered in that behalf", the words, figures and 
brackets "unless the case has been sent to it under section 190, sub-section (3)" sh all be 
substituted. 
 
74. In section .194, the words "upon a commitment made to it" shall be omitted. 
 
75. In section 195, in sub-section (2), for the words, comma and figure " Indian ; 
Registration Act, 1877", the words, comma and figure " R egistration Act, . 1908" s hall be 
substituted. 
1*                    *                      *                      *                      *                      *                      * 
77. In section 199, for the words, figures and commas beginning with the wo rds "No 
Court" and ending with  the words "was committed" the following shall be substituted, 
namely:— 
 
"No Court shall take cognizance of an offence under section 497 #r section 498 of the 
Pakistan Penal Code, except— . 
(a) upon a report in writing made by a  police-officer on the complaint of the 
husband of the woman, or in his absence, by some person who had care of 
such woman on his behalf at the time when such offence was committed: or 
(b) upon a complaint made by the husband of the woman or, in his absence, made 
with the leave of the Court by some person who had care of such woman on 
his behalf at the time when such offence was committed.". 
2[78. In section 200, in clause (a) of the" proviso, after the word and figure "section 
192." the comma and words, 'or sending it to the Court of Session' shall be added.]. 
3[79. For section 202 the following shall be substituted, namely:— 
 
'202. Postponement of issue of Process.—(1) Any Court, on receipt of a complaint of 
an offence of wh ich it is authorised to take cognizance, or which has been sent to it under 
section 190, su b-section (3), or t ransferred to it  under section 191 or s ection 192, m ay, if it 
thinks fit, for reasons to be recorded, postpone the issue of process  for compelling the 
attendance of the person complained against, and either inquire into the case itself or direct an 
inquiry or investigation to be made by a police officer, or by such other person as it thinks fit, 
for the purpose of ascertaining the truth or falsehood of the complaint: 
 
Provided that, save where the complaint has been made by a Court, no such direction 
shall be m ade unless the complainant has been examined on oath under the p rovisions of 
section 200. 
 
(2) A Court of Session may, instead of directing an investigation under the provisions 
of sub-section (1), direct the investigation to be made by any Magistrate subordinate to it for 
the purpose of ascertaining the truth or falsehood of the complaint. 
 
(3) If any inquiry or investigation under this section is made by a person not being a 
Magistrate, or a police-officer, such person shall exercise all the powers conferred by this 
Code 
 
1 Item 76 omitted by the Criminal Procedure (Amdt.) Act, 1974 (25 of 1974), s. 2 and Sch., (w.e.f. 24-4-74). 
2 Subs. by the Law Reforms (Amdt.) Act, 1976 (21 of 1976), s- 2 and Sch., for "Item 78". 
3 Subs, ibid., for "Item 79". 
19 
 
 
on an officer-in-charge of a police-station, except that he shall not have power to arrest 
without warrant. 
 
(4) Any Court inquiring into a case under this section may, if it thinks fit, take 
evidence of witnesses on oath, 
 
79A. In section 202 substituted as aforesaid,— 
 
(i) in sub-section (1), after the words 'made by', the words and comma . 'any 
Justice of the Peace, or by' shall be inserted; and 
 
(ii) in sub-section (3), after the words and comma "Magistrate,", the words "or 
justice of the Peace" shall be inserted. 
 
79B. In section 203,— 
 
(i) for the word "Magistrate" the word "Court" shall be substituted; and 
 
(ii) after the word " transferred ", the words " of sent" shall be inserted.] 
 
80.  In  Chapter  XVII,  in  the  heading,  for  the  word  "MAGISTRATES"  the  word 
"COURTS" shall be substituted. 
 
81. In section 204,— 
 
(i) in sub-section (1), for the word "Magistrate" the word "Court" for the word 
"he" the  word "it" and for the word "himself" the word "itself shall 
respectively be substituted ; and 
 
(ii) in  sub-section (3), for the word "Magistrate" the word "Court" sh all be 
substituted. 
 
82. Chapter XVIII shall be omitted. 
 
83. In section 225, in Illustration (d), for the words "inquiry before the Magistrate" the 
word "trial" shall be substituted. 
 
84. Section 226 shall be omitted. 
 
85. In section 227, in sub-section (1), the commas and words ", or, in the case of trials 
before the Court of Session or High Court, before the verdict of the jury is returned or the 
opinions of the assessors are expressed" shall be omitted. 
1[85A. In section. 228 the words and figure "section 226 or" shall be omitted. 
 
85B. In section 232, in sub-section (1), after the words "High Court", the comma and 
words ", or the Court of Session" shall be inserted.]. 
 
86. In Chapter XX, in the heading, for the word " Summons-Cases" the word "Cases" 
shall be substituted. 
 
87.  In  section  241,  for  the  word  "summons-cases"  the  word  "cases"  shall  be 
substituted. 
 
88. After section 241, the following new section 241-A shall be inserted, namely:— 
 
"241-A. Supply of statements and documents to  the accused.—(1) In all cases 
instituted upon police report, except those tried summarily or  punishable with fine or 
imprisonment not 
 
 
1 Items 85A and 85B ins. by the Law Reforms (Amdt) Act. 1976 (21 of 1976). s. 2 and Sch., 
20 
 
 
exceeding six months, copies of statements of all witnesses recorded under sections 161 and 
164 and of the inspection note recorded by an investigation officer on his first visit to the 
place of o ccurrence, shall be suppli ed free of cost to the accused not less than seven days 
before the commencement of the trial: 
 
Provided that, if any part of a statement recorded under section 161 is such that its 
disclosure  to  the  accused  would  be  inexpedient  in  the  public  interest,  such  part  of  the 
statement shall be excluded from the copy of the statement furnished to the accused. 
 
(2) In all cases instituted upon a complaint in writing, the complainant shall— 
 
(a) state in the petition of compliant the substance of- the accusation, the names of 
his witnesses and the gist of the evidence which he is likely to adduce at the 
trial; and 
 
(b) within  three days of the order of the Court under s ection 204 for issue of 
process to the accused, file in the Court for supply to the accused, as many 
copies of the complaint and any other document which he has filed with his 
complaint as the number of the accused: 
 
Provided that the provisions of this sub-section shall not apply in  any case in which the 
complaint has been made by a Court or by a public servant acting or purporting to act in the 
discharge of his official duties.” 
 
89. For section 242 the following shall be substituted namely :- 
 
"242. Charge to be fra med.—When the accused appears or is  brought before the  
Magistrate, a formal charge shall be. framed relating to the offence of which he is accused and 
he sh all be asked whether he admits that he h as committed the o ffence with whi ch he  is 
charged.". 
 
90. In section 243, for the words "of which he is accused" the words "with which he 
is charged" shall be substituted. 
 
91. In section 244,— 
 
(i)  for sub-section (2) the following shall be substituted, namely:— 
 
"(2) The M agistrate may, if he thinks  fit, on the application of the 
complainant or accused, issue a summons to any witness directing 
him to attend or to produce any document or other thing"; and 
 
(ii)  in  sub-section  (3),  for  the  full-stop  at  the  end  a  colon  shall  be 
substituted and thereafter the following p roviso shall be added, 
namely:— 
 
"Provided that it shall not be necessary for the accused to deposit any 
such  expenses  in  Court  in  cases  where  he  is  charged  with  an  offence 
punishable with imprisonment exceeding six months. 
 
92. After section 244, the following new section shall be inserted, namely:— 
 
"244-A. Statement made under s ection 164.—The statement of a witness duly 
recorded under section 164, if it was made in the presence of the accused and if he had 
notice of it and was given an opportunity of  cross-examining the witness, may, in the 
discretion of the Court, if such witness is produced and examined, be treated as evidence in the 
case for all purposes subject to the provisions of the Evidence Act,1872.”. 
21 
 
 
93. In section 245, in sub-section (2), the words and figures "or section 
562" shall be omitted. 
 
94. After section 245, the following new section 245-A shall be inserted, namely:— 
 
"245-A. Procedure in case of previous conviction.- in a case where a previous 
Conviction is charged under the provisions of section 221, subsection (7) and the accused does 
not admit that he has been previously convicted as alleged in the charge, the M agistrate may, 
after he h as convicted the accused under s ection 243, or und er s ection 245, sub-section (2), 
take evidence in respect of the alleged previous convic- tion, and, if he  does so shall record a 
finding thereon.". 
 
95. Section 246 shall be omitted. 
 
1[95A. In Section 247, in the proviso, for the full stop at the end a colon shall be 
substituted and thereafter the following further proviso shall be added, namely:- 
 
‘Provided further that nothing in this section shall apply where the official the accused 
is charged is either cognizable or non-compounable.’.] 
 
2[96. In section 249, for the words "District Magistrate" the words "Sessions Judge in 
the case of Judicial M agistrate and District Magistrate in the case of Executive M agistrate" 
shall be substituted.] 
 
97. In the heading above section 250, for the words "Summons and Warrant Cases 
99 the words "Cases tried by Magistrate99 shall be substituted 
 
98. In section 250,— 
 
(i) in sub-section (I), the words "discharges or" and the words "discharge 
or" shall be omitted; 
 
(ii) in  sub-section  (2),  for  the  words  "one  hundred  rupees"  the  words  
"five hundred rupees9' shall be substituted;. and 
 
(iii) in sub-section (2 A), for the words "thirty days” the words three 
months" shall be substituted. 
 
99.       Chapter XXI shall be omitted. 
 
100.     In section 260, in sub-section (1),— 
 
(i) the brackets, letter, words and comma "(a) the District Magistrate," 
shall be omitted; 
(ii) in clauses (d), (e), (f) and (g), for the words "fifty rupees" the words 
3[two thousand and five hundred rupees] shall be substituted; and 
(iii) the proviso sh all be  
omitted. 
 
 101.     In section 261, after the words "Provincial Government may" the commas and 
words "on the recommendation of the High Court," shall be inserted. 
 
1Item 95 ins. by the Law Reforms (Amdt,) Act, 1976 (21 of 1976), a. 2 and Sch. 
2Item 96 subs, by the Legal Reforms Act, 1997 (23 of 1997)s. 3. 
3Subs. by Act 21 of 1976, s. 2 and sch., for ''two hundred and fifty rupees. 
22 
 
 
102.     In  section  262,  for  sub-section  (1)  the  following  shall  be  substituted, 
namely:— 
 
"(1)     In trials under this Chapter, the procedure prescribed in Chapter XX shall be 
followed, except as hereinafter mentioned.". 
1[103.  For section 264 the following shall be substituted, namely:- 
 
'264. Record in appealable cases.—In every case tried summarily by a 
Magistrate or Bench in which an appeal lies, such Magistrate or Bench shall record 
the subst ance of the evidence and also the p articulars mentioned in section 263 and 
shall, before passing any sentence, record a judgment in the case'.] 
 
104. After Chapter XXII, the following new Chapter XXIIA shall be inserted, 
namely:— 
 
 
[CHAPTER XXIIA 
Trials before High Courts and Courts of Session 
 
265A. Trial before Court of Session to be conducted by Public Prosecutor.—In every 
trial before a  Court of Session initiated upon a poli ce report, the prosecution shall be 
conducted by Public Prosecutor. 
 
265B. Procedure in cases triable by High  Courts and Courts of Session.- The 
following procedure shall be observed by the High Courts and the Courts of Session in the 
trial of cases triable by the said Courts. 
 
265C. Supply of statements and documents in the accused.-(1) In all cases instituted 
upon province report, copies of statements of all witnesses recorded under sections 1 brand 
164 or the inspection note recorded by an investigation officer on his first visit to the place of 
occurrence, shall be supplied free of cost to the accused not later than seven days before the 
commencement of the trial: 
 
Provided that if any part of a statement recorded under section 161 is such that its 
disclosure  to  the  accused  would  be  inexpedient  in  the  public  interest,  such  part  of  the 
statement shall be excluded from the copy of the statement furnished to the accused. 
 
(2)       In  all  cases  instituted   upon  a  complaint  in  writing,   the  complainant 
shall- 
 
(a)       state in the petition of complaint the substance of the accusation, the names of 
his witnesses and the gist of the evidence which he is likely to adduce at trial; 
and 
 
(b)       within  three days of the order of the Court under section 204 for issue of 
process to the accused, file in the Court for supply to the Accused, as many 
copies of the complaint and any other document which he has filed with his 
complaint, as the number of the accused : 
 
Provided that the provisions of this sub-section shall not apply in any 
case in which the complaint has been made by a Court or by a public servant 
acting or purporting to act in the discharge of his official duties. 
 
265D. Evidence for Pros ecution.-(1) When the accused appears or is brought before 
the Court, such Court shall proceed to hear the complainant (If any)  and take all such 
evidence as may be produced in support of the prosecution: 
 
1Ins by the Law Reform (Amdt.) Act, 1976 (21 of 1976), s. 2 and Sch.. for “item 103”. 
23 
 
 
Provided that the Court shall not be bound to hear any person as complainant in 
any case in which the complaint has been made by a Court. 
 
(2) The Court shall ascertain from the complainant or otherwise the names of any 
persons likely to be acquainted with the facts of the case and to be able to give evidence 
for the prosecution, and shall summon to give evidence before itself such of th em as it  
thinks necessary. 
 
265E. Discharge of accused.—(1) If, upon taking all the evidence referred to in 
section 265D, and making su ch examination (if any) of the accused as the Court thinks 
necessary, it finds that no case against the accused has been made out which, if unrebutted, 
would warrant his conviction, the Court shall discharge him. 
 
(2)  Nothi ng  in  this  section  shall  be  deemed  to  prevent  a  Court  from 
discharging the accused at any previous stage of the case if, for reasons to be recorded by 
such Court, it considers the charge to be groundless. 
 
265F. Charge to be framed when offence appears proved.—If, when such evidence 
and examination have been taken and made, or at any previous stage of the case, the Court 
is of opinion that there is ground for presuming that the accused has committed an offence, 
it shall frame in writing a charge against the accused. 
 
265G. Plea.—(1) The charge shall be read and explained to the accused, and he 
shall be asked whether he is guilty or has any defence to make. 
 
265H. Procedure in case of previous conviction.—In a case w here a  previous 
conviction is charged under the provisions of section 221, sub-section (7), and the accused 
does not admit that he has been previously convicted as alleged in the charge, the Court 
may, after it has convicted the said accused under section 265 G, sub- section (2), or 
section 265M, take evidence in respect of the alleged previous conviction, and shall record 
a finding thereon. 
 
265I. Recall of Prosecution witnesses for cross-examination and r e-examina- 
tion.—If the accused refuses to plead, or does not plead, or claims to be tried, he shall be 
required to state, at the commencement of the next hearing of the case or, if the Court for 
reasons to be recorded in writing so  thinks fit, forthwith, whether he wishes to  cross-
examine any and, if so, which, of the witnesses for the prosecution whose evidence has 
been taken. If he says he does so wish, the witnesses named by him shall be recalled and, 
after cross-examination and re-examination (if any), they*shall be dis charged. The 
evidence of any remaining witnesses for the prosecution shall next be t aken and, after 
cross-examination and reexamination (if any), they also shall be discharged. 
 
265 J. Statement made under section 164 admissible.—The statement of a witness 
duly recorded under section 164, if it was made in the presence of the accused and if he 
had notice of  it and was given  an opportunity of cross-examining the witness,  may,  
in  the  discretion  of  the  Court,  if  such  witness  is  produced  and examined, be treated 
as evidence in the case for all purposes subject to the provisions of the Evidence Act, 1872. 
265 K. Procedure after examination of witnesses for prosecution.—(1) When the 
examination of the witnesses for the prosecution and the examination (if any) of the 
accused are concluded, the accused shall be asked whether he means to adduce evidence. 
 
(2) If he says that he does not, the prosecutor may sun up his case; and, if the Court 
considers that there is  no evidence th at the accused committed the o ffence, it m ay then 
24 
 
 
record a finding of not guilty. 
 
(3) If the accused, or any one  of several accused, says that he means to adduce 
evidence,  and  the  Co urt  considers  that  there  is  no  evidence  that  the  accused 
committed the offence, the Court may then record a finding of not guilty. 
 
(4) If the accused or any of several accused, says that he means to adduce evidence,  
and  the  Court  considers  that  there  is  evidence  that  he  committed  the offence, or if, on 
his saying that he does not mean to adduce evidence, the prosecutor sums up his case and 
the Court considers that there is evidence that the accused committed the offence, the Court 
shall call on the accused to enter on his defence and produce his evidence. 
 
(5) If the accused puts in any written statement, the Court shall file it with the 
Record 
 
265L. P r o c e d u r e  for  compelling  production  of  evidence  at  instance  of
accused.—If the accused, after he has entered upon his defence, applies to the Court to 
issue any process for compelling the attendance of any witness for the purpose of 
examination or cross-examination, or the production of any document or other thing, the 
Court shall issue such process unless it consider, that it is for the purpose of vexation or 
delay or for defeating the ends of justice. Such ground shall be recorded by it in writing
 
Provided that, when the accused has cross-examined or had the opportunity of 
cross-examining  any  witn ess  after  the  charge  is  framed,  the  attendance  of  such 
witness shall not be compelled under this  section, unless the Court is s atisfied that it is 
necessary for the purposes of justice. 
 
265M. Acquittal.—(1) If in any case under this Chapter in which a charge has been  
framed  the  Court  finds  the  accused  not  guilty,  it  shall  record  an  order  of acquittal. 
 
Conviction.—(2) If in any case under this Chapter the Court finds the accused 
guilty, it shall pass sentence upon him according to law. 
 
265N. Power of Advocate-General to stay Prosecution.—At any stage of any trial 
before a High Court under this Code, before the delivery of the judgment, the Advocate-
General may, if he thinks fit, inform the Court on behalf of Government that he will not 
further prosecute the defendant upon the charge; and thereupon all p roceedings on such 
charge against the defendant shall be stayed, and he shall be discharged of and from the 
same. But such discharge shall not amount to an acquittal unl ess the p residing Judge 
otherwise directs. 
 
265O. Time of holding sittings .— For the exercise of its original criminal 
jurisdiction, every H igh Court shall hold sittings on such days and at such convenient 
intervals as the Chief Justice of such Court from time to time appoints. 
25 
 
 
265P. Place of holding sitting-(1) The High Court shall hold its sittings at the place  at  
which  it  held  them  immediately before  the  commencement  of  the  Law R eforms  
Ordinance,  1972,  or  at  such  other  place  (if  any)  as  the  Provincial Government may 
direct. 
 
(2) But the High Court may, from time to time with the consent of the Provincial 
Government, hold sittings at such other places within the local limits  of its appellate 
jurisdiction as the High Court appoints. 
 
(3) Such officer as the Chief Justice directs shall give prior notice in the official 
Gazette of all sittings intended to be held for the exercise of the original, criminal jurisdiction 
of the High Court." 
 
105. Chapter XXIII shall be omitted. 
 
1*                           *                              *                              *                              *                              *                              * 
 
107. For section 338 the following shall be substituted, namely:- 
 
338. Power to grant or tender Pardon– At any before the judgment is passed the High 
court or the court of session trying the cause may, with the view of obtaining on the trial the 
evidence of any person supposed to have been directly or indirectly concerned in, or privy to, 
any su ch offence, tender, or order the District Magistrate to t ender, a  pardon on the same 
condition to such person.”. 
 
108.  For section 339A the following shall be substituted, namely:— 
 
"339A. Procedure in trial of person under section 339.—(1) The Court trying under 
section 339 a person who has accepted a tender of pardon shall, before t he evidence of the 
witnesses for the prosecution is taken, ask the accused whether he pleads that he has complied 
with the conditions on which the tender of the pardon was made. 
 
(2) If the accused does so plead, the Court shall record the plea and proceed with the 
trial, and shall, before judgement is passed in the case, find whether or not the accused has 
complied with the  conditions of the pardon, and, if it  is found that he has so complied, the 
Court shall, notwithstanding anything contained in this Code, pass judgement of acquittal.". 
 
109. In section 340, for sub-section (2) the following shall be substituted, namely:— 
 
"(2) Any p erson accused of an offence before a Criminal Court or against whom  
proceedings are instituted under this Code in any such Court shall be a competent witness for 
the defence and may give evidence on oath in disproof of the charges or allegations made 
against him or any person charged or tried together with him at the same trial: 
 
Provided that— 
 
(a)  he shall not be called as a witness except on his own request, 
 
 
1Item 106 omitted by the Legal Reforms Act, .1997 (23 of 1997) s.3 
26 
 
 
(b) his failure to give evidence shall not be made comment by the prosecution or 
give  rise  to  any presumption  against  him  or any person  charged  or  tried 
together with him at the same trial, and 
 
(c) he shall not be asked, and, if asked, shall not be required to answer, any 
question tending to  show that he has committed or been convicted of any 
offence other than the offence with which he is charged or for which he is 
being tried, or is of bad character, unless,— 
 
(i)    th proof that he has committed or been convicted of such offence 
is admissible in evidence to show that he is guilty of the offence 
with which he is charged or for which he is being tried, or 
 
(ii)    he has personally or by his pleader asked questions of any witness 
for the  prosecution with a view to establishing his  own good 
character, or has given evidence of his good character, or 
 
(iii)   he has given evidence against any other person charged with or 
tried for the same offence.". 
 
110. In section 341, the words "inquiry or" and the words and comma "if such inquiry 
results in a commitment, or" shall be omitted. 
 
111.     In section 342, in sub (2) the words and brackets ‘’and the jury (if any) shall be 
omitted. 
 
112.     In section 345,- 
 
1*                    *                      *                      *                      *                      *                      * 
(ii)       for sub-section (5) the following shall be substituted, namely 
"(5)     When the accused has been convicted and an appeal is pending, no 
composition for the offence shall be allowed without the leave of the 
Court before which the appeal is to be heard,"; and 
 
(iii)     in sub-section (5A), after the word and figure "section 439", the commas, 
words, figure and letter and a Court of Session so acting under section 439-A," 
shall be inserted. 
 
113.     For section 346 the following shall be substituted, namely:— 
 
"346. Procedure of Magistrate in cases which he cannot dispose of.—(1) If, in 
the course of an inquiry or trial before a Magistrate in any district, the evidence 
appears to him to warrant a presumption that the case is one which should be tried, or 
sent for trial to the Court of Session or the High Court, by some other Magistrate in 
such  district,  he  shall  stay proceedings  and  submit  the  case,  with  a  brief  report 
explaining its nature, to the Sessions Judge or to such other Magistrate, having 
jurisdiction, as the Sessions Judge directs. 
 
(2) The Magistrate to whom the case is submitted may, if so empowered, 
either try the case himself or send the case for trial to the Court of Session or the High 
Court. 
 
 
1 
Sub. Item (i) of item 112 omitted by the Law Reforms (Amdt.) Act, 1976 (21 of 1976), s. 2 and Sch. 
27 
 
 
114.     For section 347 the following shall be substituted; namely :— 
 
"347. Procedure wh en, after commencement of trial, Magistrate funds case 
should  be  tried  by  Court  of  Session  or  High  Court.—If  in  any  trial  before  a 
Magistrate, before signing judgment, it appears to him at any stage of the proceedings 
that the case is one which ought to be tried by the Court of Session or High Court, he 
shall send the case to the Court of Session or High Court, for trial.”. 
 
115.     In section 348,— 
 
(i)        in sub-section (1),— 
 
(a)       for the words and commas "for committing the accused be committed to the 
Court of Session or High Court, as the case may be," the words and commas " 
for the trial of the accused by the Court of Session or High Court, as the case 
may be, send the accused for trial to such Court" shall be substituted; and 
 
(b)       the proviso shall be omitted; and 
 
(ii)       for sub-section (2), the following shall be substituted, namely :— 
 
"(2) When any person is sent for trial to the Court of Session or High Court 
under sub-section (1), any other person accused jointly with him in the trial 
shall be similarly sent for trial.". 
 
116.     In section 349,— 
 
(i)       in sub-section (1), for the words to District Magistrate or Sub-divisional 
Magistrate of the first class specially empowered on this behalf Provincial 
Government “ shall be substituted; and 
 
(ii)     in sub-section (1A), for the words "District Magistrate or Sub-divisional 
Magistrate" the words, brackets and figure " Magistrate empowered under sub- 
section (1)" shall be substituted. 
 
117.     In section 350,— 
 
(i)        in sub-section (1), for the proviso the following shall be substituted, namely 
:— 
 
"Provided that the High Court or the  Court of Session may, whether 
there be an appeal or not, set aside any conviction passed on evidence not 
wholly recorded by the Magistrate before whom the conviction was held, if 
such  Court  is  of  opinion  that  the  accused  has  been  materially prejudiced 
thereby, and may order a new inquiry or trial."; and 
 
(ii)       in sub-section (2), for the words If superior Magistrate" the words "Magistrate 
specially empowered" shall be substituted. 
 
118. In section 351, in sub-section (2), the words and figure "in the course of an inquiry 
under Chapter XVIII" shall be omitted. 
 
 
 
119. In section 353, for the words, figures and commas "Chapters XVIII, XX, XXI, XXII 
and XXHI" the words, figures and commas and letter "Chapter XX, XXI, XXII and 
XXIIA" shall be substituted. 
 
120.     In section 355, in sub-section (1), for the words, figures, brackets, letters and commas 
"in summons cases tried before a Magistrate and in cases of the offences mentioned in 
28 
 
 
sub-section (1) of section 260, clauses (b) to (m), both inclusive, when tried" the 
words and figures "in cases tried under Ch apter XX or Ch apter X XII" shall be 
substituted. 
 
121. In section 356, in sub-section (1), for the words, commas and figures " In all other 
trials before Courts of Session and Magistrates, and in all inquiries under Chapters 
XII and  XVIII" the words and figure "In trials before Courts of Session and in 
inquiries under Chapter XII" shall be substituted. 
 
122. In  section  367,  in  sub-section  (5),  for  the  colon  at  the  end  a  full-stop  shall  be 
substituted and the proviso shall be omitted. 
1*                    *                      *                      *                      *                      *                       * 
 
124.     In section 371,— 
 
(i)        for sub-section (1) the following shall be substituted, namely:— 
 
"(1)     In every case where the accused is convicted of an offence, a copy of the 
judgment shall be given to him at the time of pronouncing the judgment, or, 
when  the  accused  so  desires,  a  translation  of  the  judgment  in  his  own 
language, if practicable or in the language of the  Court, shall be given to him 
without delay. Such copy or translation shall be given free of cost: 
 
Provided that this sub-section shall not apply to cases tried summarily 
or where the accused is convicted of an offence under any law other than the 
Pakistan Penal Code."; and 
 
(ii)       sub-section (2) shall be omitted, 
 
125.     In   section   375,   for   sub-section   (2)   the   following   shall   be   substituted, 
namely:— 
 
"(2)     Unless the High Court otherwise directs, the presence of the convicted person 
may be dispensed with when such inquiry is made or such evidence is taken.”. 
 
126.     In section 376, the words and comma "whether tried with the aid of assessors or by 
jury," shall be omitted. 
1*                    *                      *                      *                      *                      *                      * 
128.     After section 382, the following new sections shall be inserted, namely:— 
"382-A.  Postponement  of  execution  of  s entences  of  imprisonm ent  under 
section 476 or for a period of less than one year.—Notwithstanding anything 
contained in section 383 or 391, where the accused:— 
(a)       is awarded any sentence of imprisonment under section 476, or 
 
(b)       is  sentenced  in  cases  other  than  those  provided  for  in  section  381,  to 
imprisonment whether with or without fine or whipping, for a period of less 
than one  year, the sentence shall not, if the accused furnishes bail to the 
satisfaction of the court for his appearance at such time and place as the Court 
may direct, be executed, until the expiry of the period prescribed for making 
an appeal against such sentence, or, if an appeal is made within that time, until 
the sentence of imprisonment is confirmed by the  Appellate Court, but the 
sentence shall be executed as soon as practicable after the expiry of the period 
prescribed  for  making  an  appeal,  or,  in  case  of  an  appeal,  as  soon  as 
practicable after the receipt of the order of the Appellate Court confirming the 
sentence. 
1 
Items 123 and 127 omitted by the Criminal Procedure (Amdt.) Act, 1974 (25 of 1974), s. 2 and Sch., (W.e.f 24-4-74). 
29 
 
 
* * * * * * 
* * * * * * 
 
382-B. Period of detention to be considered while awarding sentence of 
imprisonment.—Where a Court decides to pass a sentence of imprisonment on an accused for 
an offence, it may take into consideration the period, if any, during which such accused was 
detained in custody for such offence.". 
 
1[382-C. Scandalous or false and fri volous pleas to be  considered in passing 
sentence.—In passing a sentence on an accused for any offence, a Court may take into 
consideration any scandalous or false and frivolous plea t aken in d efence by him or on his 
behalf.], 
 
 129.     In section 383,— 
2*                    *                      *                      *                      *                      *                       * 
(ii)       after the figure "381" the words, figure and letter "and section 382-A" shall be 
inserted. 
  130.     In section 386, in sub-section (1), in the proviso, the words "unless for special 
reasons to be recorded in writing it considers it necessary to do so" shall be omitted. 
 
 
2* 
 
3* 
 
137. In section 403, in the Explanation for the commas words and figure if the 
discharge of the accused or any entry made upon a charge under section 273," the words "or 
the discharge of the accused" shall be substituted. 
 
4*                    *                      *                      *                      *                      *                      * 
 
139. For section 406A the following shall be substituted, namely:— 
 
"406A. Appeal from order refusing to accept or rejecting a surety.- Any 
person aggrieved by an order refusing to accept or rejecting a surety under section 122 
may appeal against such order to the Court of Session.". 
 
5[139A. In section 407, in sub-section (1), the words and figure 'or in respect 
of whom an order has been made, or a sentence has been passed under section 380 by 
a Sub-divisional Magistrate of the second class' shall be omitted.] 
 
140.     Section 407 shall be omitted. 
 
141.     In section 408,— 
 
(i)        for the comma and words ", a District Magistrate or other Magistrate of the 
first class" the words "or a Judicial Magistrate" shall be substituted; 
 
1Added by the law reforms (Amdt.) Act, 1972 (8 of 1972), s. 4 (w.e.f. 14-4 -72). 
2Subs item (i) of item 129 and items 131 to 135 omitted by the Criminal Procedure (Amdt.) Act. 1974 (25 of 1974), s. 2 and Sch(w,e,f 24-4- 
74) 
3ltem 136 omitted by the Code of Criminal Procedure (Amdt.) Act. 1973 (57 of 1973), S. 5. 
4Item 138 omitted by the Legal Reforms Act 1997 23 of 1997 ) s. 3. 
5Item I39A ins. by the Law Reforms (Amdt.) Act1976 (21 of 1976). s. 2 and Sch. 
30 
 
 
(ii)       the  words and figure "or in respect of whom an order has been made or a 
sentence has been passed under section 380 by a Magistrate of the first class" 
shall be omitted; and 
 
(iii)     in clause (b) of the proviso,— 
 
(a)       the  words  and  figure  "or  a  Magistrate  specially  empowered  under 
section 30" shall be omitted; and 
1*        *          *          *          *          *           * 
 
142.     For section 409 the following shall be substituted, namely :— 
 
"409. Appeals to Court of  Session how heard.—Subject to the provisions of 
this section, an appeal to the Court of Session or Sessions Judge shall be heard by the 
Sessions Judge or by an Additional Sessions Judge or an Assistant Sessions Judge: 
 
Provided that an Additional Sessions Judge shall hear only such appeals as the 
Provincial Government may, by general or special order, direct or as the Sessions 
Judge of the division may make over to him: 
 
Provided further that no such appeal shall be heard by an Assistant Sessions 
Judge unless the appeal is of a person convicted on a trial held by any Magistrate of 
the second class or third class.". 
 
 143. In section 413, for the words "District Magistrate or other" the article "a" 
shall be substituted. 
 
   144.     For section 417] The Following Shall be substituted namely 
 
"417. Appeal in case of acquittal.—(1) Subject to the provisions of subsection 
(4), the Provincial Government may, in any case, direct the Public Prosecutor to 
present an appeal to the High Court from an original or appellate o rder of acquittal 
passed by any Court other than a High Court. 
 
(2) If such an order of acquittal is passed in any case instituted upon complaint 
and the High Court, on an application made to it by the complainant in this behalf, 
grants special leave to appeal from the order of acquittal, the complainant may present 
such an appeal to the High Court. 
 
(3) No application under sub-section (2) for the grant of special leave to 
appeal from an order of acquittal shall be entertained by the High Court after the 
expiry of sixty days from the date of that order. 
 
(4) If, in any case, the application under sub-section (2) for the grant of special 
leave to  appeal from an order of  acquittal is refused, no appeal from that order of 
acquittal shall lie under sub-section (1)." 
 
  145.     In section 418,— 
 
(i)        in sub-section (1), the commas and words except where the trial was by jury, 
in which case the appeal shall lie on a matter of law only" shall be omitted; 
and 
(ii)       sub-section (2) shall be omitted. 
 
 146. In section 419, the commas, words and figure and, in cases tried by a jury, a 
copy of the heads of the charge recorded under section 367 " shall be omitted. 
1 
Clause (b) of sub-item (iii) of item 141 omitted by the Criminal Procedure (Amdt.) Act, 1974 (25 of 1974), s. 2 and Sch., (w.e.f. 24-4-74). 
31 
 
 
147.     In section 423,— 
 
(i)        in sub-section (1),— 
 
(a)       in clause (a), for the words "committed for trial", the words " sent for 
trial to the Court of Session or the High Court" shall be substituted; 
and 
 
(b)      in clause (b), for the word "committed "the word "sent "shall be 
substituted; and 
 
(ii)       sub-section (2) shall be omitted. 
 
148.     In section 426,— 
 
(i) after  sub-section  (1),  the  following  sub-section  (1  A)  shall  be  
inserted, namely:— 
 
"(1A)  An  Appellate  Court  shall,  unless  for reasons  to  be recorded  in  writing it 
otherwise directs order a convicted person to be released on bail who has been 
sentenced— 
 
(a)     to imprisonment for a period not exceeding three years and whose 
appeal has not been  decided within a period of six  months of his 
conviction; 
 
(b)     to imprisonment for a period exceeding three years but not exceeding 
seven years and whose appeal has not been decided within a period of 
one year of his conviction; 
 
(c)     to imprisonment for life or imprisonment exceeding s even years and 
whose appeal has not been decided within a period of two year of his 
conviction.”; 
 
(ii)       in  sub-section (2A), Before the word "Where the words, figure, letter and 
comma "Subject to the provision of section 382Af" shall be inserted; and 
1*        *          *          *          *           *         * 
 
 149. In section 428, in sub-section (3), the semi-colon and words "; but such 
evidence shall not be taken in the presence of jurors or assessors" shall be omitted. 
 
  150.     In section 435,— 
 
(i)        in sub-section (1),— 
 
(a)       the words and commas "or District Magistrate, or any Sub-divisional 
Magistrate empowered by the Provincial Government in this behalf," 
shall be omitted; and 
(b)       for the E xplanation the following shall be substituted, namely:— 
"Explanation.—All Magistrates shall be deemed to be inferior to the 
Sessions Judge for the purposes of this sub-section."; and 
 
(ii)       sub-sections (2) and (4) shall be omitted. 
2[150A. In section 436, the comma, words and colon or into the case of any person 
accused of an offence who  has been discharged:" and the p roviso shall be 
omitted.]. 
 
1Sub-item (iii) of item 148 omitted by the Criminal Procedure (Amdt.) Act, 1974 (25 of 1974), s. 2 and Sch., (w.e.f. 24-4-74). 
2Item 150 A ins. by the Law Reforms (Amdt.) Act, 1976 (21 of 1976), s. 2 and Sch., 
32 
 
 
151.     For section 436 the following shall be substituted, namely:-— 
 
"436.  Power  to  order  further  inquiry.—  On  examining  any  record  under 
section 435 or otherwise- 
 
(a)       the  High  Court  may  direct  the  Sessions  Judge  to  require  any  Judicial 
Magistrate subordinate to him to make, and the Sessions Judge hims elf may 
direct any Judicial Magistrate subordinate to him to make, further inquiry into 
any complaint which has been dismissed under section 203 or subsection (3) 
of section 204, or into the case of any person accused of an offence who has 
been discharged; 
 
(b)       the  High Court or the Sessions Judge may direct the District Magistrate by 
himself or by any of the Executive Magistrates subordinate to him to make 
further inquiry into any proceeding in which an order of discharge or release 
has been made under section 119 : 
 
Provided that no Court shall make any direction under this section for 
enquiry into the case of a person who has been released or discharged under 
section 119, unless such person has had an opportunity of showing cause why 
such direction should not be made.". 
1[152.  Section 437 shall be omitted. 
 
152A.  In section 438, the words "Sessions Judge or" shall be omitted. 
 
152B.  Section 438, amended as aforesaid, shall be omitted.] 
 
153.     In section 439,— 
 
(i)        in  sub-section (1), the words and comma "or which has been reported for 
orders," shall be omitted ; 
 
(ii)       in sub-section (3), the words and figure44 acting otherwise than under section 
34" shall be omitted; and 
 
(iii)     for sub-section (4) the following shall be substituted, namely:— 
 
“(4)     Nothing in this section shall be deemed to authorise a High Court:— 
(a)       to convert a finding of acquittal in to one of conviction; or 
 
(b)       to entertain any proceedings in revision with respect to an order made 
by the Sessions Judge under section 439A.”. 
 
154.     After section 439, the following new section 439A shall be inserted, namely:— 
 
"439A. Sessions Judge's Powers of revision.—(1) In the case of  any 
proceeding  before  a  Magistrate  the  record  of  which  has  been  called  for  by  the 
Sessions Judge or which otherwise comes to his knowledge, the Sessions Judge may 
exercise any of the powers conferred on the High Court by section 439. 
 
(2) An Additional Sessions Judge shall have and may exercise all the powers 
of  a  Sessions  Judge  under  this  Chapter  in  respect  of  any  case  which  may  be 
transferred to him under any general or special order of the Sessions Judge.". 
 
1Subs. by the Law Reforms (Amdt.) Act, 1976 (21 of 1976), s. 2 and Sch., for item 152. 
33 
 
 
155.     In section 465, for sub-section (1) the following shall be substituted, namely:— 
 
"(1)     If any person before a Court of Session or a High Court appears to the Court at 
his trial to be of unsound mind and consequently in capable of making his 
defence, the Court shall, in the first instance, try the fact of such Unsoundness 
and incapacity, and if the Court is satisfied of the fact, it shall record a finding 
to that effect and shall postpone further proceedings in the case.”. 
 
156.     For section 469 the following shall be substituted, namely:— 
 
"469.  When  accused  appears  to  have  been  insane.—When  the  accused 
appears to be of sound mind at the time of inquiry or trial, and the Magistrate or Court 
is satisfied from the evidence given before hint or it that there is reason to believe that 
the accused committed an act which, if he had been of sound mind, would have been 
an offence, and that he was, at the time when the act was committed, by reason of 
unsoundness of mind, incapable of knowing the nature of the act or that it was wrong 
or contrary to law, the Magistrate or court shall proceed with the case.". 
 
157.     For sections 476 and 476A, the following shall be substituted, namely:- 
 
"476. Procedure in cases mentioned in section 195.—(1) When any offence 
referred  to  in  section  195,  sub-section  (1),  clause  (b)  or  clause  (c),  has  been 
committed in, or in relation to, a proceeding in any Civil, Revenue or Criminal Court 
the Court may take cognizance of the offence and try the same in accordance with the 
procedure prescribed for summary trials in Chapter XXII. 
 
(4) Any person sentenced by an Court under this section may, notwithstanding 
anything hereinbefore contained, appeal— 
 
(a)       in the case of a sentence by the High Court, to the Supreme Court; 
 
(b)       in the case of a sentence by a Court of Session, or District Court, or a Court 
exercising the powers of a Court of Session or a District Court, to the High 
Court; and 
 
(c)       in any other case, to the Sessions Judge. 
 
(5) The provisions of Chapter XXXI shall, so far as they are applicable, apply 
to appeals under this section and the Appellate Court may alter the finding or reduce 
or enhance the sentence appealed against. 
 
476A. Forwarding of cases for trial by Courts having jurisdiction.—(1) If the 
Court in any case considers that the person accused of any of the offences referred to 
in section 476, sub-section (1), and committed in, or in relation to, any proceedings 
before it, should not be tried under that section, such Court may, after recording the 
facts constituting the offence and the statement of the accused person, as hereinbefore 
provided, forward the case to a Court having jurisdiction to try the  case, and may 
require security to be given for the appearance of such accused person before such 
Court, or if sufficient security is not given, shall forward such person in custody to 
such Court. 
 
(2) The Court to which a case is forwarded under this section shall proceed to 
hear the complaint against the accused person in the manner hereinbefore provided.”. 
34 
 
 
 158.     Sections 476B, 478 and 479 shall be omitted. 
 
159. In section 483, for the words, comma and figure "Indian Registration Act, 
1877" the words, comma and figure "Registration Act, 1908" shall he substituted. 
 
 160.     In section 487,— 
 
(i) in sub-section (1), after the word "sections" the figure and comma, 
"476" shall be inserted; and 
(ii) sub-section (2) shall be omitted. 
 
161.     In section 488, in sub-section (1), the words and comma "the District 
Magistrate, a Sub-Divisional Magistrate or" shall be omitted. 
 
 162. In section 494, the words and comma "in cases tried by jury before the return 
of the verdict, and in other cases" shall be omitted. 
 
1*                    *                      *                      *                      *                      *                      * 
 
  164.     In section 503,— 
 
(i)        in sub-section (2B), the words and comma "other than Pakistan," 
shall be omitted; and 
 
(ii)       in sub-section (3), the words and commas " or such Magistrate, of 
the first class as he appoints in this behalf," shall be omitted; and 
 
(iii)     for the word "warrant-cases" the word "cases "shall be substituted. 
 
1Item 163 omitted by the Criminal Procedure (Amdt.) Act, 1974 (25 of 1974), s. 2 and Sch., (w.e.f. 2-4-74). 
35 
165. In section 506,— 
 
 
 
 
(i)        for the words "such Magistrate shall apply to the District Magistrate" the 
words and commas "such Magistrate, if he is a Judicial Magistrate, shall apply 
to the Sessions Judge, and if he is an Executive Magistrate, shall apply to the 
District Magistrate" shall be substituted; and 
 
(ii)       for the words "and the District Magistrate" the words and commas "and the 
Sessions Judge or the District Magistrate as the case may be," shall be 
substituted. 
 
1[165A. In section 508, the words other than Pakistan, shall be omitted.] 
 
166.     In section 508A, the words "other than Pakistan" shall be omitted. 
 
167.     For section 510 the following section shall be substituted, namely:— 
 
510.   Report   of   Chemical   Examiner,   Serologist,   etc.—Any   document 
purporting to be a report, under the hand of any Ch emical Examiner or Assistant 
Chemical Examiner to Government or any Serologist, finger-print expert or firearm 
expert appointed by Government, upon any matter or thing duly submitted to Kim for 
examination or analysis and report in the course of any proceeding under this Code, 
may, without calling him as a witness, be used as evidence in any inquiry, trial or 
other proceeding under this Code: 
 
Provided that the Court may, 2[if it considers necessary in the interest of 
Justice] summon and examine the person by whom such report has been made.” 
 
168.     In section 512,— 
 
(i)        in sub-section (1), for the words "commit for trial" the words "send for trial to 
the Court of Session or High Court" shall be substituted; and 
 
3*                    *                      *                      *                      *                      *                      * 
 
169.     In section 514, in sub-section (7), the words and figure "or section 562" 
shall be omitted. 
 
170.     For section 515 The following shall be substituted, namely:— 
 
"515. Appeal from, and r evision of, ord ers und er s ection 514 .—All o rders p assed 
under section 514 by a District Magistrate or a Judicial Magistrate shall be appealable to the 
Sessions Judge, and all such orders passed by an Executive Magistrate, other than a District 
Magistrate, shall be appealable to the District Magistrate, or, if no appeal is made against any 
such order, may be revised, in the case of an order passed by a District Magistrate or a 
Judicial  Magistrate,  by  the  Sessions  Judge,  and  in  the  case,  of  an  order  passed  by  an 
Executive Magistrate other than a District Magistrate, by the District Magistrate.". 
 
171. In section 524, in sub-section (1), for the words "a Magistrate of the first 
class" the words "any other Executive Magistrate" shall be substituted. 
 
 
1Sub-item 165A. ins. by the Law Reforms (Amdt.) Act, 1976 (21 of 1976) s. 2 and Sch., 
2Subs ibid., for "and shall, if so requested by any parts to such inquiry trial or proceeding". 
3Sub-item (ii) of item 168 omitted by the Criminal Procedure (Amdt.) Act, 1974 (25 of 1974), s. 2 and Sch.,(w,e,f 24-4-74). 
36 
172. In section 526,— 
 
 
 
(i)        in sub-section (1), in clause 1[(e)] in paragraph (iv) for the word "committed99 
the word "sent" shall be substituted; 
(ii)       in  sub-section (2), the commas, words and figures "except as provided in 
section 267,' shall be omitted; 
(iii)     in sub-section (6A), for the words "two hundred and fifty rupee*" the words 
"five hundred rupees" shall be substituted; 
2[(iv)   for sub-sections (8) and (9) the following shall be substituted, namely:— 
"(8)     In an inquiry under Chapter VIII or any trial, the fact that any party intimates 
to the Court at any st age that he intends to make an application under this 
section shall not require the Court to adjourn the case; but the Court shall not 
pronounce its final judgment or order until the application has been finally 
disposed of by the High Court, and, if the application is accepted by the high 
court, the proceedings taken by the Court subsequent to the Intimation made to 
it shall, at the option of the accused, be held afresh".]; 
(v)       in  sub-section  (10),  for  the  words  "two  hundred  rupees"  the  words  "five 
hundred rupees" shall be substituted. 
3[173.  In section 528— 
 
(i)        after sub-section (IB), the following new sub-section (1C) shall be inserted, 
namely:— 
 
'(1C)   Any Sessions Judge may withdraw any case from, or recall any case which he 
has made over to, any Magistrate subordinate to him, and may refer it for 
inquiry or trial to any other such Magistrate competent to inquire into try the 
same. 
4*                    *                      *                      *                      *                      *                      * 
(ii)       sub-sections (2) and (3) shall be omitted; and 
 
(iii)     in sub-section (5), for the word "section", the words "preceding sub-section" 
shall be substituted.] 
 
174.     Sections 532 and 536 shall be omitted. 
 
175.     For section 537 the following shall be substituted, namely:— 
 
"537. Finding or sentence when reversible by reason of error or omission in 
charge or  other proceedings.—Subject to the p rovisions hereinbefore contained, no 
finding,  sentence  or  order  passed  by  a  Court  of  competent  jurisdiction  shall  be 
reversed or altered under Chapter XXVII or on appeal or revision on account— 
 
(a)       of any error, omission or irregularity in the complaint, report by police officer 
under section 173, sum mons, warrant, charge, proclamation, order, judgement 
or other proceedings before or during trial or in any inqui ry or  other 
proceedings under this Code, or 
 
(b)       of  any error,  omission  or  irregularity in  the  mode  of  trial,  including  any 
misjoinder of charges, unless such error, omission or irregularity has in fact 
occasioned a failure of justice. 
 
1Subs, by the Law Reforms (Amdt.) Act, 1976 (21 of 1976), s. 2 and Sch.. for (e). 
2Subs. ibid for w such item (iv). 
3Subs. ibid., for "Item 173". 
4Explanation omitted by the Legal Reforms Act 1997 (23 of 1997) s. 3. 
38 
 
 
Explanation.—In determining whether any error, omission or irregularity in  any 
proceeding under this Code has occasioned a failure of justice, the Court shall have regard to 
the fact whether the objection could and should have been raised at an earlier stage in the 
proceedings.". 
 
176.     In section 539, the words "or the Clerk of the State" shall be omitted. 
 
 177. In section 539B, in sub-section (2), for the colon a full-stop shall be 
substituted and the proviso shall be omitted. 
 
178.     In section 541, in sub-section (3),— 
 
(i)        in clause (a), for the figure and words "342 of the Code of Civil Procedure" 
the figures, words and commas "58 of the Code of Civil Procedure, 1908," 
shall be substituted; and 
 
(ii)       in  clause  (b),  for  the  figure  and  words  "341  of  the  Code  of  Civil 
Procedure"  t he  figures,  words  and  commas  "58  of  the  Code  of  Civil 
Procedure, 1908," shall be substituted, 
 
179.     After section 544,— 
 
(i)        the following new section shall be inserted, namely:— 
 
"544A. Compensation to the heirs of the person killed, etc.—(1) Whenever a 
person is convicted of an offence in the commission where of the death of or h urt or 
injury to any person is caused, or damage to or loss destruction of any property is 
caused,  the  Court  shall,  when  convicting  such  person  unless  for  reasons  to  be 
recorded in writing it  otherwise directs, order the person convicted to pay 
compensation to the heirs of the person whose death has been caused, or to the person 
hurt or injured, or to the owner of the property damaged, lost or destroyed, as the case 
may b e, of an amount not exceeding the amount of the fine which the Court is 
empowered to impose for such offence. 
 
(2) The compensation payable under sub-section (1) shall be recoverable as if 
it were a fine imposed by the Court, and the Court may further order that, in default of 
payment, the person ordered to pay such compensation shall suffer imprisonment for 
a period not exceeding six months, or if it be a Court of the Magistrate of the third 
class, for a period not exceeding thirty days. 
 
(3) The compensation payable under sub-section (1) shall be in addition to any 
sentence which the Court may impose for the offence of which the person directed to 
pay compensation has been convicted. 
 
(4) The provisions of sub-sections (2B), (2C), (3) and (4) of section 250 shall, 
as far as may be, apply to payment of compensation under this section. 
 
(5) An order under this section may also be made by an Appellate Court or by 
a Court when exercising its powers of revision."; and 
 
(ii)       section 544A inserted by the Code of Criminal Procedure (West Pakistan 
Amendment) Act, 1963 (W. P. Act No. XIof1963) shall be omitted. 
 
180. In section 546, after the word "lection", the figure and words " 544A or 
section" shall be inserted. 
 
181.     In section 548, the words "the Judge's charge to the jury or of shall he omitted. 
 
182.     In section 556, the words "or commit for trial" shall be omitted. 
39 
 
 
 
183. In section 559, in sub-section (2), for the words and comma "the District 
Magistrate", the words and comma "the Sessions Judge in the case of a Judicial Magistrate, and 
the District Magistrate in the case of an Executive Magistrate" shall be substituted. 
 
184.     In section 561,— 
 
(i)        for sub-section (1) the following shall be substituted, namely:- 
 
"(1) Notwithstanding anything in this Code, no Magistrate shall except under the order 
of a Sessions Judge, take cognizance of the offence of rape where the sexual intercourse was 
by a man with his wife,"; and 
 
(ii)       in sub-section (2), for the words "District Magistrate" the words "Sessions 
Judge" shall be substituted. 
1[185.  In section 565, in sub-section (1),— 
 
2*                    *                      *                      *                      *                      *                      
* (ii)       The Words Transportation or shall be omitted] 
3*                    *                      *                      *                      *                      *                      
* 
 
187.     In  section  13,  in  the  margin,  for  the  word  "Magistrate"  the  words  
"Executive 
Magistrate" shall be substituted. 
 
3*                    *                      *                      *                      *                      *                      
* 
189.     In section 72, for the marginal note the following shall be substituted, namely:— 
 
"Service on servant of State, Statutory Body of Company.". 
190.     In  section  74,  in  the  margin,  for  the  word  "officer"  the  word  "person"  
shall  be substituted. 
191.     In section 88, in sub-section (6), in the margin, for the figures and word 
"XIV of 
1882" the words and figures "Act V of 1908 " shall be substituted. 
 
192.     In section 98, in sub-section (2), in the margin, for the figures and word 
"VIII of 
1878" the figures and word "XV of 1969" shall be substituted. 
 
193.     In section 99A, in sub-section (1), in the margin, for the figures and word 
"XXV of 
1867" the figures, words and semi-colon "XV of 1960" West Pakistan Ordinance 
XXX of 1963" shall be substituted, 
 
194. In section 99D, in the margin, for the words "Special Bench" the words "High 
Court" shall be substituted. 
 
1Subs. by the Law Reforms (Amdt.) Act, 1976 (21 of 1976), s. 2 and Sch., for item 185. 
2Sub. item (i) omitted by the Legal Reforms Act, 1997 (23 of 1976) s. 3. 
3Entries 186 and 188 omitted ibid., 
 
40 
 
 
195. In section 108, in the margin, for the figures and word “XLV of 1860” the 
figures, words and semi-colon "XXV of 1867; West Pakistan Ordinance XXX of 1963" shall be 
substituted. 
 
196. In section 128, in the margin, the figures and word "XX of 1869" shall be omitted. 
 
197.In section 130, in the margin, the figures and word "XX of 1869" shall be omitted. 
 
1[197A. In section 146, in the margin, for the figures and word 'XIV of 1882' the figures 
and word 'V of 1908' shall be substituted.] 
 
198. In section 178, the marginal note to the proviso shall be omitted. 
 
199. In section 195, in sub-section (2), in the margin, for the figures and word "III of 
1877" the figures and word "XVI of 1908" shall be substituted. 
 
200. In section 241, for the marginal note the following shall be substituted, namely:— 
"Procedure in trial of cases". 
 
201. In section 262, in {he margin, for the words "for summons and warrant-cases" 
the words and figure "Prescribed in Chapter XX' shall be substituted. 
 
1[201A. In section 350 in the margin the words 'or commitment' shall be omitted.] 
 
202. In section 355, for the marginal note the following shall be substituted, namely:— 
"Record in trial of certain cases by first and second class Magistrates". 
203. In section 371, in the margin, the words "on application" shall be omitted. 
 
2*                    *                      *                      *                      *                      *                       
* 
 
205. In  section  408,  in  the  margin,  for  the  words"  Magistrate  of  the  first  
class" the words "Judicial Magistrates" shall be substituted. 
 
206. In section 465, in the  marginal note, for the words "committed before" the words 
"sent for trial" shall be substituted. 
 
207.  In  section  483,  in  the  margin,  for  the  figures  and  word  "III  of  1877"  
the figures and word "XV| of 1908" shall be substituted. 
 
208. In section 506, in the margin, the words "Provincial Subordinate" shall be omitted. 
 
209.  In section 541, in sub-section (3), in the margin, for the figures and word 
"XVI of 
1882" the figures and word "V of 1908" shall be substituted. 
 
 
 
 
1Items 197A and 201A ins. by the Law Reforms (Amdt.) Act, 1976 (21 of 1976) s. 2 and Sch. 
2Item 204 omitted by the Criminal Procedure (Amdt.) Act, 1974 (25 of 1974). s. 2 and Sch., (w.e.f. 24-4-74). 
39 
 
 
210.     In Schedule II,— 
 
(i)        in the entries relating to section 174, after the existing entries, the following new 
entries shall be inserted, namely:— 
 
"2                                3          4          5          6                      7                      8 
 
 
If it be a Proclamation 
 
Ditto 
 
Ditto 
 
Ditto 
 
Ditto 
 
Imprisonment for 
 
Ditto."; 
issued under section 87     three years,  
of the Code. 
 
(ii)       the entries relating to section 226 shall be omitted; 
1*        *          *          *          *          *          * 
 
(iv)      in column 3, for the entry relating to section 497 the words "may arrest without 
warrant" shall be substituted. 
2*        *          *          *          *          *          * 
(vi)      in column 7,— 
 
3*       *          *          *          *          *          * 
 
(d)       in the entry relating to section 498 for the figure “2” the figure “3” shall be substituted 
 
(vii)     in column 8,— 
 
(a)       for the words "Any Magistrate," the words "Any Judicial Magistrate" shall be 
substituted; 
 
(b)       for  the  entry  relating  to  section  124A  the  following  shall  be  substituted, 
namely:— 
 
"Court of Session or Magistrate of the first class specially empowered by the 
Provincial Government in that behalf on the recommendation of t he High 
Court."; 
 
(c)       for  the  entries  relating  to  sections  218  and  295A  the  following  shall  be 
substituted; namely :— . 
 
"Magistrate of the first class “;. 
(d)       in the entries relating to section ,312,— 
(1)       for the words "Court of Session" the words "Magistrate of the first 
class" shall be substituted; and 
 
(2)       for  the  word  "Ditto",  the  words  "Court  of  Sessions"  shall  be 
substituted; 
 
(e)       in the entry relating to section 376, for the words "Court of Session or District 
Magistrate" the words "Magistrate of the first class" shall be substituted; 
 
(f)        in the entries relating to sections 129, 133, 148, 152, 161, 162, 164, 167, 181, 
201, 205, 213, 214, 221, 222, 225, 225A, 233, 235, 237, 242, 246, 263, 304A, 
318, 324, 332, 344, 347, 348,384, 404. 406. 411. 414. 418. 454. 456. 462. 465. 
484. 485. 487 and 500 the words and comma "Court of Session, or" shall be 
omitted: 
 
1Sub-item (iii) omitted by the Criminal Procedure (Amdt.) Act, 1974 (25 of 1974), s. 2, and Sch., (w.e.f. 24-4-74). 
2Sub-item (a) omitted by the Law Reforms (Amdt.) Act, 1976 (21 of 1976), s. 2 and Sch. 
3Clauses (a), (b) and (c) of sub-item (vi) omitted by Act 25 of 1974, s. 2 and Sch., (w.e.f. 24-4-74). 
40 
 
 
(g)       in the entries relating to sections 193, 212, 216, 218, 248, 252, 261,469 
and 507, for the word " Ditto " the words" Magistrate of the first class" 
shall be substituted; 
 
(h)       for the entries relating to sections 243, 249, 253, 325 and 457, the 
following shall be substituted, namely:— 
 
"Court of Session, or Magistrate of the first class."; 
(i)        in the entries relating to section 308,— 
(a)       for the word "Ditto" first occurring, the words "Magistrate of 
the first class" shall be substituted; and 
 
(b)       for the word "Ditto" occurring for the second time, the words 
and comma "Court of Session, or Magistrate of the first class" 
shall be substituted; 
 
(j)        in the entries relating to sections 404 and 454, for the word "Ditto" the 
words and comma "Court of Session, or Magistrate of the first or 
second class" shall be substituted; and 
 
(k)       under the heading "Offences against other laws" in the third entry, the 
words and comma "Court of Session, or" shall be omitted. 
211.     In Schedule III,— 
 
(i)        in Part I, under the heading "Ordinary Powers of a Magistrate of the Third 
Class",— 
 
(a)       Items (10), (11) and (12) shall be omitted; and 
(b)       in item (17), for the words "District Magistrate" the words "Sessions 
Judge" shall be substituted; 
 
(ii)       in  Part II, under the heading "Ordinary Powers of Magistrate of the Second 
Class", in item (2), for the words "commit for trial" the words "send for trial to 
the Court of Session or the High Court" shall be substituted; 
 
1*                    *                      *                      *                      *                      *                      * 
 
 
 
212.     For Schedule IV the following shall be substituted, namely:— 
 
 
 
1Sub-items (in), (iv) and (v) of item 211 omitted by the Legal Reforms Act, 1997 (23 of 1976) s. 3. 
41 
 
 
"SCHEDULE IV 
 
(See section 37) 
 
Additional Powers with which Magistrates may be invested. 
 
PART I 
 
Powers with which a Magistrate of first class may be invested by the Provincial Government. 
 
(1)       Power to try cases under section 124A of the Pakistan Penal Code. 
 
(2)       Power to issue process for person within local jurisdiction who has committed an 
offence outside the local jurisdiction, section 186. 
 
(3)       Power to take cognizance of offences upon complaint, section 190. 
 
(4)       Power to take cognizance of offences upon police report, section 190.  
(5)       Power to take cognizance of offences without complaint, section 190.  
(6)       Power to transfer cases, section 192. 
(7)       Power to try summarily, section 260. 
 
(8)       Power to pass sentence on proceedings recorded by a Magistrate of the second or third 
class, section 349. 
 
Powers with which a Magistrate of the second class may be invested by the Provincial 
Government. 
 
(1)       Power to record statements and confessions during a police investigation, section 164. 
(2)       Power to authorise detention of a person in the custody of the police during a police 
investigation, section 167. 
(3)       Power to take cognizance of offences upon complaint, section 190. 
 
(4)       Power to take cognizance of offences upon police report, section 190.  
(5)       Power to take cognizance of offences without complaint, section 190. 
 
Powers with which a Magistrate of the third class may be invested by the Provincial 
Government. 
 
(1)       Power to take cognizance of offences upon complaint, section 190. 
 
(2)       Power to take cognizance of offences upon police report, section 190. 
 
PART II 
 
Powers with which any of the Executive Magistrates may be invested by the 
Provincial Government. 
 
(1)       Power to make order prohibiting repetition of nuisances, section 143. 
(2)       Power to make orders under section 144. 
(3)       Power to make orders, etc., in possession cases, sections 145 and 147. 
(4)       Power to hold inquests, section 174. 
42 
 
 
(5)       Power to sell property alleged or suspected to have been stolen, etc., section 524. 
 
 
Powers with which any Executive Magistrate may be invested by the District Magistrate. 
 
(1)       Power to make orders prohibiting repetition of nuisances, section 143. 
(2)       Power to make orders under section 144. 
(3)       Power to hold inquests, section 174. 
 
213.     In Schedule V, Forms XXVII, XXXII, XXXIII and XLII shall be omitted.