Federal Prosecution Service, Act, 2023

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THE FEDERAL PROSECUTION SERVICE, ACT, 2023 
 
 
CONTENTS 
CHAPTER-I 
 
PRELIMINARY 
1.  Short title, extent and commencement 
2.  Definitions 
CHAPTER-II 
 
ESTABLISHMENT, CONSTITUTION AND ADMINISTRATION OF THE SERVICE 
3.   Establishment and functions of the Service 
4.    Superintendence and administration of the Service 
5.    Appointment of Federal Prosecutor General 
6.    Qualifications for the appointment of the Federal Prosecutor General 
7.    Appointment of other prosecutors 
 
CHAPTER-III 
 
POWERS AND FUNCTIONS OF PROSECUTORS 
8.    Powers of prosecutors 
9.    Conduct of Prosecution 
10.  Distribution of work 
11.  Responsibility of police or a Federal agency towards prosecutors 
12.  Duties of prosecutors 
13.  Special Prosecutors 
 
 
 

 
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CHAPTER-IV 
 
MISCELLANEOUS 
14.  Omitted  
15.  Reports 
16.  Code of conduct 
17.  Guidelines 
18.  Prosecutors to be public servants 
19.  Indemnity 
20.  Overriding effect 
21.  Transfer of work 
22.  Power to make rules 
23.  Savings 
 
 
  
 
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THE FEDERAL PROSECUTION SERVICE, ACT, 2023 
ACT NO. LXV OF 2023 
[26th October, 2023] 
An Act to provide for establishment of federal prosecution service 
WHEREAS it is expedient to establish Federal prosecution service and provide for powers 
and functions of prosecutors and matters incidental and ancillary thereto; 
It is hereby enacted as follows:___ 
 
CHAPTER-I 
 
PRELIMINARY 
1. Short title  1[, extent] and commencement .___(1) This Act shall be called the Federal 
Prosecution Service, Act, 2023. 
(2) It shall extend to the whole of Islamabad Capital Territory  1[and shall apply to all cases 
triable in the Federal courts established under any Federal Law].  
(3) It shall come into force at once. 
2. Definitions.___ In this Act unless the context provides otherwise — 
(a)  ‘Code’ means the Code of Criminal Procedure, 1898 (Act V of 1898);  
(b) ‘Federal agency ’ means a Federal  Government agency empowered  to 
investigate criminal offences under any law for the time  being in force  and 
notified for the purposes of this Act; 
(c)  ‘first information report’ or "FIR" means a first information report lodged under 
section 154 of the Code; 
(d)  ‘Government’ means the Federal Government; 
(e)  ‘Prescribed’ means prescribed by rules made under this Act; 
(f)  ‘prosecutor’ means the Federal Prosecutor General,  Additional Prosecutor 
General, Deputy Prosecutor General, Assistant Prosecutor  General, District  
Public Prosecutor, Deputy District Public Prosecutor and Assistant District 
Public Prosecutor and a special public prosecutor; 
(g)  ‘Service’ means the Federal Criminal Prosecution Service; and 
 
1Ins. and added by Act No. III of 2026, s.2. 
 
 
 
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(h) ‘Special Federal law’ means a law enacted by the Majlis -e-Shoora (Parliament 
under paragraphs (a), (b) and (d) of Article 142 of the Constitution. 
CHAPTER –II 
 
ESTABLISHMENT, CONSTITUTION AND ADMINISTRATION OF THE SERVICE 
3. Establishment and functions of the Service.___(1) The Government shall, by notification in 
the official Gazette, establish and maintain the Federal Criminal Prosecution Service. 
(2) The Service shall consist of the Prosecutor General, Additional Prosecutors General. Deputy 
Prosecutors General, Assistant Prosecutor General, District Public Prosecutors, Deputy District Public 
Prosecutors and Assistant District  Public Prosecutors and such other staff as may be appointed in 
prescribed manner. 
(3) The functions of the service shall be to  institute and conduct criminal proceedings initiated 
by the Islamabad Capital Territory police or a Federal agency. 
(4) The  functions  of the  service  under  sub-section  (3) shall  be performed by  one or more 
prosecutors appointed in accordance  with  the provisions of this Act or rules made thereunder. 
(5)  The headquarters of the Service shall be at Islamabad. 
4. Superintendence and administration of the Service.___(1) The Government  shall exercise  
superintendence over the  Service  to achieve  the objectives of this Act. 
(2) The administration of the Service  shall, in  the prescribed manner, vest in the Federal 
Prosecutor General. 
(3) An Assistant District Public Prosecutor, a Deputy District  Public Prosecutor,  a District 
Public Prosecutor, an Assistant Prosecutor General, a Deputy Prosecutor General and an Additional 
Prosecutor General shall perform functions under  the overall control and directions of the Federal 
Prosecutor General. 
(4)  Subject to the general directions of the Federal Prosecutor General- 
(a)  all prosecutors within a district shall perform functions under the control of the 
District Public Prosecutor; and 
(b)  all prosecutors  in a court shall perform functions  under the control of the 
Prosecutor in-charge of that court. 
5.  Appointment of Federal Prosecutor General.___(1) The Federal Prosecutor General shall 
be the head of the Service and shall be appointed  by the Government on such terms and conditions  
as the Government may determine. 
(2) The Federal Prosecutor General shall be appointed for a non-extendable term of three years. 
(3) The Federal Prosecutor General may resign from his office during the tenure of his office 
in writing to the Government through the division to which business of this Act stands allocated. 
 
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(4)  The Government may, in the prescribed manner for reasons; to be recorded in writing and 
after providing an opportunity  of being heard, remove the Federal  Prosecutor General  prior to 
completion of tenure, on the grounds of misconduct, in-efficiency or physical infirmity. 
6. Qualifications for the appointment of the Federal Prosecutor General.___ A person shall 
not be appointed as the Federal Prosecutor General unless he is a citizen  of Pakistan and is not less 
than forty-five years of age and he___ 
(a)    has, for a period of or for periods aggregating to not less than ten years, been 
an advocate of a High Court; 
(b)    is a law  graduate and has, for a period of not less than fifteen years, been a 
member of the prescribed civil service; 
(c)    has, for a period of not less than fifteen years held a judicial office in Pakistan; 
(d)   has, for a  period of  not less  than five  years performed  functions of an 
Additional Prosecutor General; or 
(e)   has, for a period of not less than seven years, performed functions of a District 
Public Prosecutor, or has performed functions of a prosecutor in Pakistan for 
not less than fifteen years 
Explanation: In computing the period during which a person has been an advocate of a High 
Court or held judicial office, there shall be included any  period during which he held judicial office 
after he became an advocate or, as the case may be, the period during which he has been an advocate 
after having held judicial office. 
7.  Appointment of other prosecutors.___ 
(1) The Government shall appoint a District Public Prosecutor who shall be the officer -in 
charge of prosecution in the district. 
(2) The Federal Prosecution General shall appoint a prosecutor-in charge in the special court. 
(3) Appointments  to the Service except appointment  of the Federal Prosecutor  General  under  
section  5  shall  either  by  initial  recruitment  or promotion or by transfer as may be prescribed. 
(4) All appointments  by initial recruitment  shall be made on the recommendations  of the 
Federal Public Service Commission 1[:] 
1[Provided that until recommendations are made by the Federal Public Service Commission, 
appointments to the service shall be made on ad-hoc or contract basis in the prescribed manner.] 
(5)  The licence or enrolment  of a person  in the bar council  shall not stand cancelled  or 
suspended by his appointment as a prosecutor. 
 
1Subs. and added by Act No III of 2026, s.3. 
 
 
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CHAPTER- III 
 
POWERS AND FUNCTIONS OF PROSECUTORS 
8.  Powers of prosecutors. (1) The Federal Prosecutor General may issue general guidelines 
to the Prosecutors or officers responsible for investigation for effective and efficient prosecution. 
(2)  The Federal Prosecutor General or the District Public Prosecutor may refer to the authority 
competent to initiate  disciplinary proceedings  under any law for the time being in force, to take 
disciplinary action against any public servant working in connection with investigation or prosecution, 
for any act committed by him which is prejudicial to the prosecution. 
(3)  A prosecutor shall have right of representation and audience in every court assigned to 
him. 
(4)  A prosecutor may— 
(a)   exercise all or any of the powers mentioned in section 9; 
(b)   call  for  a  report  within  a  specified  time  from a  law enforcement agency 
in relation to an investigation; 
(c)   call for record or any other document within a specified time from  a law 
enforcement agency and if necessary, from any Government  department or 
agency as may be necessary for the purposes of prosecution; 
(d)   perform such other functions and exercise such powers as may be entrusted to 
him under the Code and any other law for the time being in force; and 
(e)  with the consent of the court, withdraw from the prosecution o f any person 
either generally or in respect of any one or more offences for which he is being 
tried, after obtaining approval of— 
(i)   the District Public Prosecutor in cases of offences triable in court  of 
sessions or court of magistrates and punishable with imprisonment of 
up to three years; 
(ii)   the prosecutor-in-charge of a court in case of offences triable by special 
courts and punishable with imprisonment of up to three years;  
(iii)  the Federal Prosecutor General where  the offence is  punishable by 
imprisonment of up to seven years; and 
(iv)  the Government or one  or more officers of the division  concerned not 
below the rank of Additional Secretary authorized  by the  Government 
in case  of all  other offences. 
(2)  At any stage of a trial before any trial court sub-ordinate to  a High  Court before the 
judgement is passed, the Federal Prosecutor General or any prosecutor specifically authorized by him 
may, for reasons to be recorded  in writing, inform the court on behalf of the Government that  the 
prosecutor shall not prosecute the accused upon the charge and thereupon all proceedings against the 
accused shall be stayed and he shall be discharged of from the same: 
 
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Provided that such discharge  shall not amount to an acquittal  unless the court  directs 
otherwise. 
(3)  A prosecutor shall have right of representation and audience on behalf of the Government 
in all courts including Federal Shariat Court, High Courts and the Supreme Court. 
9. Conduct of Prosecution .___(1) A prosecutor shall  be responsible for the conduct  of 
prosecution on behalf of the government in― 
(a)    all cases tribal before the courts of sessions and courts of magistrates in 
Islamabad. 
(b)   all cases tribal by special courts on a police report or other report submitted by 
a Federal agency. 
(2) A police report under section 173 of the Code, including a report of cancellation of the FIR 
or a request for a discharge of a suspect or an accused  or a complaint by a public  servant authorized 
to file a complaint shall be submitted to the court through the prosecutor. 
(3) A prosecutor shall review the police  report or the complaint, as the case may be, in 
accordance with the provisions of the Code, this Act and code of conduct. 
(4)  Where a prosecutor requires clarifications, or is of the view that additional evidence needs 
to be collected, h e may return the police report or complaint  with one or more of the following  
directions: 
(f)   to clarify the method of collection of evidence; 
(g)   to explain why a particular line of inquiry was not followed: 
(h)    to explain why a defence was not considered; or 
(i)    to collect additional evidence. 
(5) The response of the police shall be submitted within the least practicable time but not later 
than the time indicated by the prosecutor. 
(6) On receipt of the response under sub-section  (5) or where  no response  is received  a 
prosecutor  shall assess the case on the basis of the available evidence and inform the trial court  of 
the results of his assessment and names   of the accused  persons  who  may stand trial on the  basis  
of that assessment. 
(7) The magistrate shall  give due consideration to the report of the prosecutor.  Where a 
magistrate acts differently than the recommendations of the Prosecutor, he may refuse to act on the 
directions of the magistrate subject to the approval of the—                                        
(a)   Federal Prosecutor General in case of offences  punishable with death or life 
imprisonment; 
(b)  prosecutor-in-charge in case of special courts for all other offences; and 
 
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(c)   District Public Prosecutor in case of offences tribal before the court of sessions 
or the court of magistrates for all other offences.                              
(8)  Where an accused pleads guilty or when the prosecutor sums up the case, the prosecutor 
shall propose to the magistrate or the court, the punishment which in his opinion the accused may be 
awarded. 
10.  Distribution of work.___(1) The Federal Prosecutor General or, if so authorized  by him, 
an Additional Prosecutor  General shall distribute work among prosecutors in respect of the Supreme 
Court, the High Court, the Federal Shariat Court or a special court established under any law for the 
time being in force. 
(2)  The District Public Prosecutor shall distribute work among prosecutors under his control. 
(3)  A prosecutor-in-charge of a special court shall distribute work among prosecutors under 
his control. 
11.   1[Responsibility] of police or a Federal agency towards prosecutors.___(1) An officer-
in-charge of a police station or an investigation officer shall— 
(a)   immediately  report  to  the  district  public  prosecutor  or prosecutor in charge 
as the case may be, the registration of each criminal case by sending a copy of 
the FIR: 
(b)   send the police report or complaint to the specified prosecutor; and  
(c) if an  investigation has  not been completed  or cannot  be completed within the 
time provided  under law, record reasons for the delay and inform the 
prosecutor. 
(2)  An officer-in-charge of the police station or investigation officer, as the case may be, shall 
within the time specified by the prosecutor or before that comply with the directions and remedy the 
defects pointed out by the prosecutor under section 8 in a police report under section 173 of the Code 
including report for cancellation of the FIR or request for discharge of an accused or suspect. 
12. Duties of prosecutors.___(1) A prosecutor shall— 
(a)    review the  complete  record  of a case  prior to taking  a prosecutorial decision; 
(b)   act in accordance  with law and fair trial requirements at all times; 
(c)    undertake such inquiries and seek such clarifications as may be required; 
(d)    take into consideration likely defences; 
 
 
1Subs. by Act No III of 2026, s. 4. 
 
 
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(e)    provide information to the defence regarding any matter which may affect the 
case of the prosecution or assist the defence in material ways; and 
(f)   inform the defendants of their right to legal aid where they are unable to access 
the same for want of financial resources. 
(2)  A prosecutor shall keep the District Public Prosecutor or Prosecutor in -charge informed 
of the progress of all criminal cases under his charge. 
(3)  A District public prosecutor or the prosecutor in charge shall keep the Federal Prosecutor 
General informed about the progress of all cases in the district or court assigned to him. 
(4)  Where a prosecutor is of the opinion that an application for enhancement of sentence or 
revision should be filed in any case, he shall refer the matter to the District Public Prosecutor or 
Prosecutor In-charge of the court. 
(5)  In case of an acquittal, the concerned prosecutor shall report the details of the case to the 
Federal Prosecutor General through the District Public Prosecutor or Prosecutor in-charge as the case 
may be along-with ground of appeal if any, who may request the 1[Secretary of the Division concerned 
to which the business of the Act stands alloca ted under the Rules of Business, 1973]  to prefer an 
appeal. 
(6)  A prosecutor shall maintain an independent file in the prescribed manner of each case 
assigned to him. 
(7)  A prosecutor shall— 
(a)   in all matters, perform his functions and exercise his po wers fairly, honestly 
with due diligence, in accordance with law and in the public interest; 
(b)   on receipt of a police report under section 173 of the code including report for 
cancellation of the first information report or request for discharge of an 
accused or suspect review and process it under section 9; 
(c)   make such entries in the record and registers as may be prescribed; and 
(d)   report to the district public prosecutor or prosecutor in charge, details of 
investigation, if any, conducted in violation of law or instructions  issued  by 
the prosecutor general or not completed in time provided under the law 
without reasonable cause. 
13. Special Prosecutors.___(1) Government may appoint a special federal prosecutor in a 
case where the case requires special expertise and the said expertise is not available in the Service. 
 
1Subs. by Act No.  III of 2026, s. 5. 
 
 
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(2) Where a special federal prosecutor has been appointed in a case he shall not take decisions 
with regard to filing or withdrawal of a case. 
(3) The appointment of a special federal prosecutor may be withdrawn at any time. 
CHAPTER-IV 
 
MISCELLANEOUS 
14.  1[*  * * * * * *] 
15.  Reports.___(1) The 1[Federal Prosecutor General ] shall submit an annual report  of the 
Service to the Government through the division concerned within three months of the conclusion of 
the calendar year to which the report pertains. 
(2)  The Report shall contain amongst other things:— 
(a)   desegregated data regarding the number of persons charged and convicted; 
(b)   number  of charges  recommended  to  be modified  by prosecutors  including 
those recommended to be dropped or added; 
(c)    number of cases in which 1[FIR] was not received from the police; 
(d)   number of revisions and appeals filed and the results thereof;  
(e)    number of prosecutors available; and 
(f)    time taken to complete trials of different criminal cases. 
(3)  The Government shall lay the report before the Majlis-e-Shoora (Parliament) within two 
months of its receipt. 
(4)  In addition to the annual report, the chief executive officer shall provide such information 
in such format as the Government  may seek from to time provided that the chief executive officer 
shall be under no obligation to disclose the identity of a person whose identity has been withheld in 
accordance with law. 
16.   Code of conduct.___(1) The Federal Prosecutor General shall, with the prior approval of 
the Government, issue a code of conduct for federal prosecutors. 
(2)  A federal prosecutor shall perform his functions under this Act in accordance with the 
code of conduct issued under sub-section (1). 
17. Guidelines.___(1) The Federal Prosecutor General 1[****] may issue guidelines to 
prosecutors which are not inconsistent with the provisions of this Act,  any other law for the time 
being in force and the code of conduct. 
 
1Omitted. and subs. by Act No. III of 2026, ss. 6-8. 
 
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(2)  Notwithstanding anything contained in sub-section (l) the Federal Prosecutor General 
shall issue guidelines within 12 months of the commencement of this Act regarding the following: 
(a)    charging standards in serious criminal cases;  
(b)    the formulation of adverse outcome reports; 
(c)    processing of applications for withdrawal of cases; 
(d)   processing of applications for filing of appeals and revisions; and 
(e)    disclosure of used and unused material. 
18. Prosecutors to be public servants .—Subject to the provisions of his Act and the rules,  
members of the Federal Prosecution Service, including the staff, shall be deemed to be public servants 
within the meanings of section 21 of the Pakistan Penal Code (Act XLV of 1860). 
19. Indemnity. ___ No suit, prosecution or other legal proceedings shall lie against a federal 
prosecutor  in respect of anything done or attempted to be done by him in good faith under this Act. 
20.   Overriding effect.___(1) This Act shall have overriding effect on all other laws including 
the Code. 
(2)   Section 9 of this Act shall be deemed  to have amended the Code to the extent specified 
therein and the word prosecutor used therein shall be deemed to extend to provincial prosecutors. 
(3)  Section 12 shall be deemed to be part of the Code. 
(4)  Where the Government notifies an agency under section 2(b) of this Act, the prosecution 
function undertaken by that agency shall cease and any provisions of law authorizing the same shall 
stand repealed, forthwith. 
21.  Transfer of work. ___ Where a federal agency empowered to investigate criminal offences 
under any law for the time being in force is notified by the Gov ernment under section 2 of the Act, 
all prosecution work related to the said agency shall be taken over by the Federal Prosecution Service. 
22.  Power to make rules.___ The Government may, by notification in the official Gazette  
make rules for carrying out the purposes of this Act. 
23.  Savings.___ All appointments made,  actions taken and notifications issued before the 
commencement of this Act, with respect to prosecution of cases shall be deemed to have been made, 
taken and issued under this Act. 
 
 
RGN Dated: 23-01-2026