Pakistan (Exchange of Prisoners) Ordinance, 1948

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THE PAKISTAN (EXCHANGE OF PRISONERS) ORDINANCE, 
1948 
 
 
 
 
 
CONTENTS 
 
PART I 
 
PRELIMINARY 
1.  Short title, extent and commencement 
2.   
 
PART II 
 
OF THE TRANSFER OF PRISONERS 
3.  Power of the Provincial Government to order removal of transferable prisoners 
4.  Officer-in-Charge of prison or place of detention to deliver custody of transferable prisoner 
5.  Avoidance of jurisdiction of Courts and authorities over transferable prisoners 
6.  Examination of witnesses on commission 
 
PART III 
 
OF THE REPATRIATION OF PRISONERS 
7.  Custody and removal of repatriated prisoners 
8.  Delivery of repatriated prisoner at prison 
Detention where warrant is received with prisoner  
Detention where no warrant is received with prisoner 
9. Missing warrant to be reconstructed 
Report to High Court.  
Bail in case of delay 
10.  High Court's jurisdiction 
11.  Entrustment of cases to Courts subordinate to the high court  
Evidence already recorded to be evidence in the case 
 
 

 
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12.  Treatment of prisoners who are repatriated while in police custody 
13.  Bar to proceedings 
Prior sanction for prosecution 
14.  Power of Provincial Governments in relation to prisoners detained for reasons security 
15.  Power of Government to suspend, remit or commute sentences 
16.  Power of Courts to grant bail 
 
PART IV 
 
GENERAL 
17.  Lawfulness of custody and retaking upon escape 
18.  Power to make rules 
19.  Definitions 
 
SCHEDULE 
  
 
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THE PAKISTAN (EXCHANGE OF PRISONERS) ORDINANCE, 1948 
ORDINANCE NO. XII OF 1948 
[19th March, 1948] 
An Ordinance to implement an agreement with 1* * * India regarding the exchange of certain classes 
of prisoners between 1* * * Pakistan and 1* * * India. 
 WHEREAS an agreement has been reached between the two 1[countries] to exchange certain 
classes of prisoners; 
 AND WHEREAS an emergency has arisen which makes it neces sary immediately to 
implement the said agreement in so far as Pakistan is concerned; 
 NOW, THEREFORE, in exercise of the powers conferred by section 42 of the Government of 
India Act, 1935 (26 Geo. 5, c. 2.), as adapted by the Pakistan (Provisional Constitution) Order, 1947, 
the Governor‑General is pleased to make and promulgate the following Ordinance:___ 
PART I 
 
PRELIMINARY 
 1. Short title, extent and c ommencement.___(1) This Ordinance may be called the Pakistan 
(Exchange of Prisoners) Ordinance, 1948. 
 2[(2) It shall extend to the Punjab, the North‑West Frontier and Baluchistan, in the first instance, 
but may at any time by notification in the Gazette of Pakistan be extended to any other part of Pakistan. 
 (3) It shall come into force in the Punjab, the North-west Frontier and Baluchistan at once, and 
in any other part of Pakistan on such date as the Government of  the Province con cerned may by 
notification in the official Gazette specify.] 
 2. The provisions of this Ordinance shall have force and ope ration notwithstanding anything 
contrary or repugnant thereto in any other law for the time being in force. 
PART II 
 
OF THE TRANSFER OF PRISONERS 
 3. Power of the Provincial Government to order removal of transferable prisoners . A  
Provincial Government may issue a warrant for the custody and remov al of any transferable prisoner 
from any prison or other place of detention, and for his delivery at a place and to a person specified in 
the warrant: 
 Provided that such person specified in the warrant shall be an official of 1* * * India, or of any 
Province thereof, or of any State that has acceded thereto, who has been duly authorised in writing by 
name or designation of office, to receive such prisoner. 
 
1Omitted and subs. by A.O. 1961 (with effect from the 23rd March, 1956). 
2Subs. by the Central Laws (Statute reform) Ordinance No. XXI of 1960 (with effect from the 14th October, 1955), s. 3 and 2nd Schedule. 
 
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 4. Officer-in-Charge of prison or place of detention to deliver custody of transferable 
prisoner. Upon presentation of a warrant issued under section 3 the Officer‑in‑Charge of the prison or 
other place of detention where the transferable prisoner named i n the warrant is confi ned shall cause 
him to be delivered to the person to whom the warrant is direct ed together with the warrant of 
commitment, the history sheet and all other documents relating to him, and personal effects taken from 
him at the time of his admission, and such  person shall furnish to such Officer‑in‑ Charge a written 
receipt in respect of such delivery. 
 5. Avoidance of jurisdiction of Courts and authorities over transferable prisoners .___(1) 
Upon the delivery of custody of a transferable prisoner in complia nce with a warrant issued under 
section 3 to the person, being an official of 1* * * India or of any Province thereof or of any State that 
has acceded thereto, all Courts and authorities whatsoever in Pakistan shall cease to have and exercise 
jurisdiction in relation to such prisoner, in respect of the of fence or other matter which was the cause 
of his confinement or detention in any Province of Pakistan. 
 (2) The Provincial Government may requisition th e record of any proceedings (including 
judicial proceedings) relating to any transferable prisoner for whose removal a warrant has been issued 
under section 3, from any court or office where such record may be kept, and may direct that such 
record shall be delivered along with such prisoner to the person being an official of 1* * * India or of 
any Province thereof or of any State that has acceded thereto specifi ed in the aforesaid warrant, or 
otherwise forwarded to an appropriate authority in 1* * * India. 
 6. Examination of w itnesses on commission .___(1) If in relation  to any criminal matter 
pending before a Court in 1* * * India against any transferable prisoner who has been transferred to 
1[that country] under this Part, a letter of request issued by such Court is produced before the District 
Magistrate of any district in Pakistan for the examination of any witness re siding in such district, the 
District Magistrate shall issue a commission for the purpose to any Magistrate subordinate to him. 
 (2) Such Magistrate shall summon and examine the witness in the presence of a duly authorised 
police or law officer of 1[Pakistan or] the concerned Provincial Government and so far as may be 
possible, an agent of the accused or of 1* * * India or of the Government of the concerned Province of 
1[that country], and in respect of such examination, the Magistrate shall exercise  all 2[the powers for 
the examination of witnesses under law Code of Criminal Procedure, 1908 (Act V of 1908)]. 
 (3) When the commission has been duly executed, it shall be retur ned, together with the 
evidence taken under it to the District Magistrate, and  the District Magistrate shall then transmit the 
papers so received along with the letter of request, to the issuing Court, through such channel as may 
be prescribed. 
 
 
 
 
1Omitted and subs. by A.O. 1961 (with effect from the 23rd March, 1956). 
2Subs. by the Federal Laws (Revision and Declaration) Ordinance No. XXVII of 1981, s. 3 and Sch. II. 
 
 
 
 
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PART III 
 
OF THE REPATRIATION OF PRISONERS 
 7. Custody and removal of repatriated prisoners .___(1) The Provincial Government or any 
District Magistrate, Additional District Magistrate or Sub‑Divisional Mag istrate specially authorised 
in this behalf by the Provincial Government may issue warrants  for the custody and removal of 
repatriated prisoners. 
 (2) A warrant under sub‑section (1) may be directed to an offi cial, by name or designation of 
office, and shall specify the place at which custody of the repatria ted prisoner, together with any 
property and documents which may have been sent along with him, sh all be received, and the prison 
to which he is to be removed. 
 8. Delivery of repatriated prisoner at prison . Upon presentation of a warrant issued under 
section 7, the Officer‑in‑Charge of the prison specified therein shall re ceive such repatriated prisoner 
and any property and documents which may be produced along with him, and 
(a)  Detention where warrant is received with prisoner. where a warrant, writ or 
order of commitment to any prison or place of detention in which  he was held 
immediately before repatriation is produced along with such prisoner, sha ll 
detain him according to the exigency of such warrant, writ or order, subject to 
any warrant, writ or order which may be issued thereafter in respect of such 
prisoner by any Court or authority exercising jurisdiction under the provisions 
of this Part, and 
(b)  Detention where no warrant is received with prisoner.  where no warrant, 
writ or order of commitment is produced along with such prisoner, such Officer- 
in‑Charge s hall forthwith report the case, with all necessary details, to the  
District Magistrate and to the High Court, and shall in the meantime detain such 
prisoner. 
 9. Missing warrant to be reconstructed .___(1) Upon receipt of a  report under clause (b) of 
section 8, the District Magistrate shall, with all convenient speed, procure the records (including 
judicial records) relating to such prisoner, and after such enquiry as he deems  necessary, shall 
determine the nature and term of the detention which such prisoner was undergoing immediately before 
his repatriation, and shall draw up a warrant accordingly, commiting such prisoner to the prison where 
he is detained for the balance of such term, or until further orders  are received from any Court or 
authority having jurisdiction in the case. 
 (2) Report to High Court.  Such warrant of commi tment shall be forwarded to the 
Officer‑in‑Charge of the sa id prison, and the District Mag istrate shall, at the same time, forward the 
original record, or a complete copy of his proceedings to the High Court. 
 (3) Bail in case of delay. If any enquiry under sub‑section (1) is prolonged beyond a period of 
two months from the date on which the re patriated prisoner was recei ved at the prison, the District 
Magistrate shall release such prisoner on bail, unless he has reason to  believe that such prisoner has 
been convicted of a prescribed offence and is undergoing a sentence of which the balance exceeds two 
years. 
 (4) The bail bond required under sub‑section (3) may be with or without sureties and shall be 
in such form as may be prescribed. 
 
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 10. High Court’s jurisdiction. The High Court shall have, in relation to a repatriated prisoner,  
the same jurisdiction which it has in relation to a person who has been arrested or detained within th e 
limits of its appellate jurisdiction, in the same circumstances in whic h such prisoner was arrested or 
detained in 1* * * India immediately before his repatriation. 
 11. Entrustment of case to Courts sub -ordinate to the High Court.___(1) The Provincial 
Governments may, in respect of any repatriated prisoner or any class or group of repatriated prisoners 
by order specify the Court, other than the High Court, which shall have or exercise jurisdiction in any 
case or cases which may have been pending against such prisoner or prisoners, immediately before his 
or their repatriation: 
 Provided that such Court shall be a Court which would have had jurisdiction to enquire into or 
try such case or cases, if the offence or offences involved had been committed within its jurisdiction. 
 (2) On the making of an order under sub‑section (1) every case m entioned in such order shall 
be deemed to have been trans ferred for disposal to the Court  specified in such order, and such Court 
shall proceed to hear and decide upon such case according to law, as if the offence to which it relates 
had been committed wit hin the lo cal limits of its jurisdiction, and all the provisions of the Code of 
Criminal Procedure (V of 1 898) (including the provisions relating to appeal and revision) and of all 
other laws in force in the Province 2* * * shall apply to such proceedings. 
 (3) Evidence already recorded to be evidence in the case.  In any proceedings under 
sub‑section (2), all evidence, both oral and documentary, which has be en duly received in the earlier 
proceedings against the repatriated prisoner held prior to his repatriation may, if duly authenticated, be 
received as evidence, for the same purposes as it may have been received if it had been recorded by a 
Court exercising similar jurisdiction in 1* * * Pakistan. 
 (4) Exhibits, depositions a nd copies thereof shall be deemed to be duly authenticated if they 
purport to be duly signed, verified or certified by a judge or Magistrate having jurisdiction at the place, 
where the earlier proceedings against the repatriated prisoner, prior to his repatriation, were held.  
 12. Treatment of prisoners who are repatriated while in police custody .___(1) The 
Provincial Governments may, in respect of any repatriated prisoner who , immediately before 
repatriation was held under arrest or detention in police custody, during or after completion of a police 
investigation, specify a Magistrate of the first class who shall have and exercise jurisdiction. 
 (2) Every repatriated prisoner, in respect of whom an order has been made under sub‑ section 
(1) shall be produced without delay before the Magistrate specified in the order, and such Magistrate 
may take cognizance of any offence that such repatriated prisoner may be reported by a police officer 
to have committed, and may grant him bail. 
 
 
 
1Omitted by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956). 
2Omitted by the Federal Laws (Revision and Declaration) Ordinance No. XXVII of 1981, s. 3 and Sch. II. 
 
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 (3) Where the repatriation was effected before com pletion of t he police investigation, or the 
Magistrate is of the opinion that the evidence is deficient, the repatri ated prisoner shall be released 
upon his entering into a bond with or without sureties as the Magistra te may direct, to appear if and 
when so required, and in the meantime, the Magistrate may orde r such further enquiry into the 
substance of the allegations as he thinks fit. 
 (4) In every case falling under sub‑section (3), the Magistrate may, if he is satisfied at any stage 
that there is no prospect of se curing sufficient evidence to just ify commencement of proceedings 
against the repatriated prisoner, direct that such prisoner be discharged from his bond. 
 13. Bar to proceedings .___(1) No proceedings shall be taken agains t a repatriated prisoner 
unless the offence for which he has been arrested or detained is also an offence under the law in force 
in Pakistan or in the Province thereof to which he has been repatriated. 
 (2) Prior sanction for prosecution. Where the offence charged against a repatriated prisoner 
is one for which a prosecution could not have been instituted in 1* * * India or, if the offence had been 
committed in Pakistan, in any Court in Pakistan, without the sanction o f an authority specified by the 
relevant laws, no prosecution shall be instituted against such prisone r, nor shall any proceedings be 
commenced or continued against him without the sanction of the auth ority specified for the purpose 
by the law in force in the Province or, failing such authority , of the 1[2[Federal Government] or] the  
Provincial Government. 
 14. Power of provincial Governments in relation to prisoners detain ed for reasons of 
security. In relation to any r epatriated prisoner whose deten tion immediately before his repatriation 
had been ordered under any law authorising preventive detention fo r reasons connected with public 
order the 2[Federal Government] or the Provincial Government shall  have the same power in respect 
of extension or reduction of  the term of detention as it  possesses in relation to persons detained for 
reasons of security or under any law for the time being in force for preserving the public safety or 
security. 
 15. Power of Government to suspend, r emit or commute sentences.  The 2 [Federal 
Government] or Provincial Government shall have the same power  to suspend, remit or commute a 
sentence of punishment awarded to a repatriated prisoner, whether befor e or after his repatriation, as 
it possesses in relation to persons who have been sentenced in 1[Pakistan] or the Province for offences 
committed within 3[Pakistan] or the Province. 
 16. Power of C ourts to grant bail . The High Courts and every Co urt specified by the 
Provincial Government under section 11 shall have, in respect of any repatriated pr isoner who is 
rendered subject to the jurisdiction of such Court under the provisions of this P art, the same power of 
granting bail under the Code of Criminal Procedure (V of 1898), as suc h Courts would have had if 
such prisoner had been arrested or detained in the first instance in Pakistan. 
 
 
 
1Omitted and subs. by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956). 
2Subs. by F.A.O., 1975. 
3Subs. by the Federal Laws (Revision and Declaration) Ordinance No. XXVII of 1981, s. 3 and II Schedule. 
 
 
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PART IV 
 
GENERAL 
 17. Lawfulness of c ustody and retaking upon escape . It sh all be lawful for any person to 
whom a warrant under section 3 or section 7 is directed, to receive, hold in custody, convey and deliver 
the transferable or repatriated prisoner named in the warrant as directed therein, and if any such 
prisoner escapes out of any custody to which he may be del ivered in pursuance of any such warrant, 
he may be rearrested and taken in custody as a person accus ed or convicted of an offence against the 
law of 1* * * Pakistan or of any Province thereof. 
 18. Power to make rules .___(1) The 2[Federal Government] may make rules to carry out the 
purposes of this Ordinance. 
 (2) Without prejudice to the generality of th e power conferred by sub -section (1), such rules 
may provide for the following matters, namely:___ 
(a)  the channel through which communication and return of  letters of request to 
District Magistrates under section 6 shall be effected; 
(b)  the specification of offences for the purposes of sub‑section (3) of section 9; and 
(c)  any other matter which may or ought to be prescribed. 
 19. Definitions. In this Ordinance, unless the subject or context otherwise requires___ 
(a)  the expression “prison” includes a central, dis trict or subsidiary jail, a judicial 
lock‑up, a police lock‑up, and every place which is used as a place of detention 
for persons who have been arrested or detained under any law for the time being 
in force; 
(b)  the expression “prisoner” includes every person who is det ained in a prison by 
order of a competent authority; 
(c)  the expression “transferable prisoner” means any Hindu, including any member 
of a Scheduled Caste, or any Sikh who is in custody in any prison in Paki stan 
under lawful orders of a duly empowered Court or other authority and w ho is 
willing to be transferred to 1* * * India under the provisions of Part II; 
(d)  the expression “repatriated prisoner” means a member of any of the classes 
specified in the first column of the Schedule who being in custod y in a prison 
or other place of detention in a Province or State specified in the second column 
of the said Schedule is conveyed and delivered by a duly authorised official of 
1* * * India or of the Govern ment of any Province thereof or of any State that 
has acceded thereto in compliance with the orders of such Government to an 
official of 1* * * Pakistan or of the Government, of any Province thereof; and 
(e)  “prescribed” means prescribed by rules made under this Ordinance. 
 
1Omitted by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956). 
2Subs. by F.A.O., 1975. 
 
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SCHEDULE 
(Section 19) 
 
Class Province or state 
Members of a Civil Service  of the 
1[Government] in Pakistan and Personnel of the 
Pakistan Land, Naval and Air Forces. 
 
All the Provinces of 1* * * India and all States 
that have acceded to 1[India]. 
Muslims .. .. .. The Province of East Pubjab, the States of Alwar 
and Bharatpur and the States Previously known 
as the Punjab States excluding 2*, Bahawalpur 
and Khairpur. 
Muslims (convicted or under trial or under 
detention on or after 15th August 1947). 
Delhi. 
 
 
 
 
 
 
 
_______________ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
RGN Date: 04-07-2024 
 
1Subs. and omitted by A.O., 1961, Art. 2 and Sch., (with effect from the 23rd March, 1956). 
2Omitted by Act No. LIV of 1950, s. 2.