{ "schema_version": "qanun-law-text/1", "id": "pk-code-bdedae92be555312", "title": "Federal Prosecution Service, Act, 2023", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-apaUY2Npa5pnbg%3D%3D-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "9fa9cec9abaec198b9fb0fbf17952a7a39c57bbc1474ab5f0616969cb167e027", "source_sha256": "9fa9cec9abaec198b9fb0fbf17952a7a39c57bbc1474ab5f0616969cb167e027", "text_version_id": "law:pk-code-bdedae92be555312:sha256:9fa9cec9abaec198b9fb0fbf17952a7a39c57bbc1474ab5f0616969cb167e027", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 11 \r\n \r\n \r\n \r\nTHE FEDERAL PROSECUTION SERVICE, ACT, 2023 \r\n \r\n \r\nCONTENTS \r\nCHAPTER-I \r\n \r\nPRELIMINARY \r\n1. Short title, extent and commencement \r\n2. Definitions \r\nCHAPTER-II \r\n \r\nESTABLISHMENT, CONSTITUTION AND ADMINISTRATION OF THE SERVICE \r\n3. Establishment and functions of the Service \r\n4. Superintendence and administration of the Service \r\n5. Appointment of Federal Prosecutor General \r\n6. Qualifications for the appointment of the Federal Prosecutor General \r\n7. Appointment of other prosecutors \r\n \r\nCHAPTER-III \r\n \r\nPOWERS AND FUNCTIONS OF PROSECUTORS \r\n8. Powers of prosecutors \r\n9. Conduct of Prosecution \r\n10. Distribution of work \r\n11. Responsibility of police or a Federal agency towards prosecutors \r\n12. Duties of prosecutors \r\n13. Special Prosecutors \r\n \r\n \r\n \r\n\r\n \r\nPage 2 of 11 \r\n \r\nCHAPTER-IV \r\n \r\nMISCELLANEOUS \r\n14. Omitted \r\n15. Reports \r\n16. Code of conduct \r\n17. Guidelines \r\n18. Prosecutors to be public servants \r\n19. Indemnity \r\n20. Overriding effect \r\n21. Transfer of work \r\n22. Power to make rules \r\n23. Savings \r\n \r\n \r\n \r\n \r\nPage 3 of 11 \r\n \r\nTHE FEDERAL PROSECUTION SERVICE, ACT, 2023 \r\nACT NO. LXV OF 2023 \r\n[26th October, 2023] \r\nAn Act to provide for establishment of federal prosecution service \r\nWHEREAS it is expedient to establish Federal prosecution service and provide for powers \r\nand functions of prosecutors and matters incidental and ancillary thereto; \r\nIt is hereby enacted as follows:___ \r\n \r\nCHAPTER-I \r\n \r\nPRELIMINARY \r\n1. Short title 1[, extent] and commencement .___(1) This Act shall be called the Federal \r\nProsecution Service, Act, 2023. \r\n(2) It shall extend to the whole of Islamabad Capital Territory 1[and shall apply to all cases \r\ntriable in the Federal courts established under any Federal Law]. \r\n(3) It shall come into force at once. \r\n2. Definitions.___ In this Act unless the context provides otherwise — \r\n(a) ‘Code’ means the Code of Criminal Procedure, 1898 (Act V of 1898); \r\n(b) ‘Federal agency ’ means a Federal Government agency empowered to \r\ninvestigate criminal offences under any law for the time being in force and \r\nnotified for the purposes of this Act; \r\n(c) ‘first information report’ or \"FIR\" means a first information report lodged under \r\nsection 154 of the Code; \r\n(d) ‘Government’ means the Federal Government; \r\n(e) ‘Prescribed’ means prescribed by rules made under this Act; \r\n(f) ‘prosecutor’ means the Federal Prosecutor General, Additional Prosecutor \r\nGeneral, Deputy Prosecutor General, Assistant Prosecutor General, District \r\nPublic Prosecutor, Deputy District Public Prosecutor and Assistant District \r\nPublic Prosecutor and a special public prosecutor; \r\n(g) ‘Service’ means the Federal Criminal Prosecution Service; and \r\n \r\n1Ins. and added by Act No. III of 2026, s.2. \r\n \r\n \r\n \r\nPage 4 of 11 \r\n \r\n(h) ‘Special Federal law’ means a law enacted by the Majlis -e-Shoora (Parliament \r\nunder paragraphs (a), (b) and (d) of Article 142 of the Constitution. \r\nCHAPTER –II \r\n \r\nESTABLISHMENT, CONSTITUTION AND ADMINISTRATION OF THE SERVICE \r\n3. Establishment and functions of the Service.___(1) The Government shall, by notification in \r\nthe official Gazette, establish and maintain the Federal Criminal Prosecution Service. \r\n(2) The Service shall consist of the Prosecutor General, Additional Prosecutors General. Deputy \r\nProsecutors General, Assistant Prosecutor General, District Public Prosecutors, Deputy District Public \r\nProsecutors and Assistant District Public Prosecutors and such other staff as may be appointed in \r\nprescribed manner. \r\n(3) The functions of the service shall be to institute and conduct criminal proceedings initiated \r\nby the Islamabad Capital Territory police or a Federal agency. \r\n(4) The functions of the service under sub-section (3) shall be performed by one or more \r\nprosecutors appointed in accordance with the provisions of this Act or rules made thereunder. \r\n(5) The headquarters of the Service shall be at Islamabad. \r\n4. Superintendence and administration of the Service.___(1) The Government shall exercise \r\nsuperintendence over the Service to achieve the objectives of this Act. \r\n(2) The administration of the Service shall, in the prescribed manner, vest in the Federal \r\nProsecutor General. \r\n(3) An Assistant District Public Prosecutor, a Deputy District Public Prosecutor, a District \r\nPublic Prosecutor, an Assistant Prosecutor General, a Deputy Prosecutor General and an Additional \r\nProsecutor General shall perform functions under the overall control and directions of the Federal \r\nProsecutor General. \r\n(4) Subject to the general directions of the Federal Prosecutor General- \r\n(a) all prosecutors within a district shall perform functions under the control of the \r\nDistrict Public Prosecutor; and \r\n(b) all prosecutors in a court shall perform functions under the control of the \r\nProsecutor in-charge of that court. \r\n5. Appointment of Federal Prosecutor General.___(1) The Federal Prosecutor General shall \r\nbe the head of the Service and shall be appointed by the Government on such terms and conditions \r\nas the Government may determine. \r\n(2) The Federal Prosecutor General shall be appointed for a non-extendable term of three years. \r\n(3) The Federal Prosecutor General may resign from his office during the tenure of his office \r\nin writing to the Government through the division to which business of this Act stands allocated. \r\n \r\nPage 5 of 11 \r\n \r\n(4) The Government may, in the prescribed manner for reasons; to be recorded in writing and \r\nafter providing an opportunity of being heard, remove the Federal Prosecutor General prior to \r\ncompletion of tenure, on the grounds of misconduct, in-efficiency or physical infirmity. \r\n6. Qualifications for the appointment of the Federal Prosecutor General.___ A person shall \r\nnot be appointed as the Federal Prosecutor General unless he is a citizen of Pakistan and is not less \r\nthan forty-five years of age and he___ \r\n(a) has, for a period of or for periods aggregating to not less than ten years, been \r\nan advocate of a High Court; \r\n(b) is a law graduate and has, for a period of not less than fifteen years, been a \r\nmember of the prescribed civil service; \r\n(c) has, for a period of not less than fifteen years held a judicial office in Pakistan; \r\n(d) has, for a period of not less than five years performed functions of an \r\nAdditional Prosecutor General; or \r\n(e) has, for a period of not less than seven years, performed functions of a District \r\nPublic Prosecutor, or has performed functions of a prosecutor in Pakistan for \r\nnot less than fifteen years \r\nExplanation: In computing the period during which a person has been an advocate of a High \r\nCourt or held judicial office, there shall be included any period during which he held judicial office \r\nafter he became an advocate or, as the case may be, the period during which he has been an advocate \r\nafter having held judicial office. \r\n7. Appointment of other prosecutors.___ \r\n(1) The Government shall appoint a District Public Prosecutor who shall be the officer -in \r\ncharge of prosecution in the district. \r\n(2) The Federal Prosecution General shall appoint a prosecutor-in charge in the special court. \r\n(3) Appointments to the Service except appointment of the Federal Prosecutor General under \r\nsection 5 shall either by initial recruitment or promotion or by transfer as may be prescribed. \r\n(4) All appointments by initial recruitment shall be made on the recommendations of the \r\nFederal Public Service Commission 1[:] \r\n1[Provided that until recommendations are made by the Federal Public Service Commission, \r\nappointments to the service shall be made on ad-hoc or contract basis in the prescribed manner.] \r\n(5) The licence or enrolment of a person in the bar council shall not stand cancelled or \r\nsuspended by his appointment as a prosecutor. \r\n \r\n1Subs. and added by Act No III of 2026, s.3. \r\n \r\n \r\nPage 6 of 11 \r\n \r\nCHAPTER- III \r\n \r\nPOWERS AND FUNCTIONS OF PROSECUTORS \r\n8. Powers of prosecutors. (1) The Federal Prosecutor General may issue general guidelines \r\nto the Prosecutors or officers responsible for investigation for effective and efficient prosecution. \r\n(2) The Federal Prosecutor General or the District Public Prosecutor may refer to the authority \r\ncompetent to initiate disciplinary proceedings under any law for the time being in force, to take \r\ndisciplinary action against any public servant working in connection with investigation or prosecution, \r\nfor any act committed by him which is prejudicial to the prosecution. \r\n(3) A prosecutor shall have right of representation and audience in every court assigned to \r\nhim. \r\n(4) A prosecutor may— \r\n(a) exercise all or any of the powers mentioned in section 9; \r\n(b) call for a report within a specified time from a law enforcement agency \r\nin relation to an investigation; \r\n(c) call for record or any other document within a specified time from a law \r\nenforcement agency and if necessary, from any Government department or \r\nagency as may be necessary for the purposes of prosecution; \r\n(d) perform such other functions and exercise such powers as may be entrusted to \r\nhim under the Code and any other law for the time being in force; and \r\n(e) with the consent of the court, withdraw from the prosecution o f any person \r\neither generally or in respect of any one or more offences for which he is being \r\ntried, after obtaining approval of— \r\n(i) the District Public Prosecutor in cases of offences triable in court of \r\nsessions or court of magistrates and punishable with imprisonment of \r\nup to three years; \r\n(ii) the prosecutor-in-charge of a court in case of offences triable by special \r\ncourts and punishable with imprisonment of up to three years; \r\n(iii) the Federal Prosecutor General where the offence is punishable by \r\nimprisonment of up to seven years; and \r\n(iv) the Government or one or more officers of the division concerned not \r\nbelow the rank of Additional Secretary authorized by the Government \r\nin case of all other offences. \r\n(2) At any stage of a trial before any trial court sub-ordinate to a High Court before the \r\njudgement is passed, the Federal Prosecutor General or any prosecutor specifically authorized by him \r\nmay, for reasons to be recorded in writing, inform the court on behalf of the Government that the \r\nprosecutor shall not prosecute the accused upon the charge and thereupon all proceedings against the \r\naccused shall be stayed and he shall be discharged of from the same: \r\n \r\nPage 7 of 11 \r\n \r\nProvided that such discharge shall not amount to an acquittal unless the court directs \r\notherwise. \r\n(3) A prosecutor shall have right of representation and audience on behalf of the Government \r\nin all courts including Federal Shariat Court, High Courts and the Supreme Court. \r\n9. Conduct of Prosecution .___(1) A prosecutor shall be responsible for the conduct of \r\nprosecution on behalf of the government in― \r\n(a) all cases tribal before the courts of sessions and courts of magistrates in \r\nIslamabad. \r\n(b) all cases tribal by special courts on a police report or other report submitted by \r\na Federal agency. \r\n(2) A police report under section 173 of the Code, including a report of cancellation of the FIR \r\nor a request for a discharge of a suspect or an accused or a complaint by a public servant authorized \r\nto file a complaint shall be submitted to the court through the prosecutor. \r\n(3) A prosecutor shall review the police report or the complaint, as the case may be, in \r\naccordance with the provisions of the Code, this Act and code of conduct. \r\n(4) Where a prosecutor requires clarifications, or is of the view that additional evidence needs \r\nto be collected, h e may return the police report or complaint with one or more of the following \r\ndirections: \r\n(f) to clarify the method of collection of evidence; \r\n(g) to explain why a particular line of inquiry was not followed: \r\n(h) to explain why a defence was not considered; or \r\n(i) to collect additional evidence. \r\n(5) The response of the police shall be submitted within the least practicable time but not later \r\nthan the time indicated by the prosecutor. \r\n(6) On receipt of the response under sub-section (5) or where no response is received a \r\nprosecutor shall assess the case on the basis of the available evidence and inform the trial court of \r\nthe results of his assessment and names of the accused persons who may stand trial on the basis \r\nof that assessment. \r\n(7) The magistrate shall give due consideration to the report of the prosecutor. Where a \r\nmagistrate acts differently than the recommendations of the Prosecutor, he may refuse to act on the \r\ndirections of the magistrate subject to the approval of the— \r\n(a) Federal Prosecutor General in case of offences punishable with death or life \r\nimprisonment; \r\n(b) prosecutor-in-charge in case of special courts for all other offences; and \r\n \r\nPage 8 of 11 \r\n \r\n(c) District Public Prosecutor in case of offences tribal before the court of sessions \r\nor the court of magistrates for all other offences. \r\n(8) Where an accused pleads guilty or when the prosecutor sums up the case, the prosecutor \r\nshall propose to the magistrate or the court, the punishment which in his opinion the accused may be \r\nawarded. \r\n10. Distribution of work.___(1) The Federal Prosecutor General or, if so authorized by him, \r\nan Additional Prosecutor General shall distribute work among prosecutors in respect of the Supreme \r\nCourt, the High Court, the Federal Shariat Court or a special court established under any law for the \r\ntime being in force. \r\n(2) The District Public Prosecutor shall distribute work among prosecutors under his control. \r\n(3) A prosecutor-in-charge of a special court shall distribute work among prosecutors under \r\nhis control. \r\n11. 1[Responsibility] of police or a Federal agency towards prosecutors.___(1) An officer-\r\nin-charge of a police station or an investigation officer shall— \r\n(a) immediately report to the district public prosecutor or prosecutor in charge \r\nas the case may be, the registration of each criminal case by sending a copy of \r\nthe FIR: \r\n(b) send the police report or complaint to the specified prosecutor; and \r\n(c) if an investigation has not been completed or cannot be completed within the \r\ntime provided under law, record reasons for the delay and inform the \r\nprosecutor. \r\n(2) An officer-in-charge of the police station or investigation officer, as the case may be, shall \r\nwithin the time specified by the prosecutor or before that comply with the directions and remedy the \r\ndefects pointed out by the prosecutor under section 8 in a police report under section 173 of the Code \r\nincluding report for cancellation of the FIR or request for discharge of an accused or suspect. \r\n12. Duties of prosecutors.___(1) A prosecutor shall— \r\n(a) review the complete record of a case prior to taking a prosecutorial decision; \r\n(b) act in accordance with law and fair trial requirements at all times; \r\n(c) undertake such inquiries and seek such clarifications as may be required; \r\n(d) take into consideration likely defences; \r\n \r\n \r\n1Subs. by Act No III of 2026, s. 4. \r\n \r\n \r\nPage 9 of 11 \r\n \r\n \r\n(e) provide information to the defence regarding any matter which may affect the \r\ncase of the prosecution or assist the defence in material ways; and \r\n(f) inform the defendants of their right to legal aid where they are unable to access \r\nthe same for want of financial resources. \r\n(2) A prosecutor shall keep the District Public Prosecutor or Prosecutor in -charge informed \r\nof the progress of all criminal cases under his charge. \r\n(3) A District public prosecutor or the prosecutor in charge shall keep the Federal Prosecutor \r\nGeneral informed about the progress of all cases in the district or court assigned to him. \r\n(4) Where a prosecutor is of the opinion that an application for enhancement of sentence or \r\nrevision should be filed in any case, he shall refer the matter to the District Public Prosecutor or \r\nProsecutor In-charge of the court. \r\n(5) In case of an acquittal, the concerned prosecutor shall report the details of the case to the \r\nFederal Prosecutor General through the District Public Prosecutor or Prosecutor in-charge as the case \r\nmay be along-with ground of appeal if any, who may request the 1[Secretary of the Division concerned \r\nto which the business of the Act stands alloca ted under the Rules of Business, 1973] to prefer an \r\nappeal. \r\n(6) A prosecutor shall maintain an independent file in the prescribed manner of each case \r\nassigned to him. \r\n(7) A prosecutor shall— \r\n(a) in all matters, perform his functions and exercise his po wers fairly, honestly \r\nwith due diligence, in accordance with law and in the public interest; \r\n(b) on receipt of a police report under section 173 of the code including report for \r\ncancellation of the first information report or request for discharge of an \r\naccused or suspect review and process it under section 9; \r\n(c) make such entries in the record and registers as may be prescribed; and \r\n(d) report to the district public prosecutor or prosecutor in charge, details of \r\ninvestigation, if any, conducted in violation of law or instructions issued by \r\nthe prosecutor general or not completed in time provided under the law \r\nwithout reasonable cause. \r\n13. Special Prosecutors.___(1) Government may appoint a special federal prosecutor in a \r\ncase where the case requires special expertise and the said expertise is not available in the Service. \r\n \r\n1Subs. by Act No. III of 2026, s. 5. \r\n \r\n \r\nPage 10 of 11 \r\n \r\n(2) Where a special federal prosecutor has been appointed in a case he shall not take decisions \r\nwith regard to filing or withdrawal of a case. \r\n(3) The appointment of a special federal prosecutor may be withdrawn at any time. \r\nCHAPTER-IV \r\n \r\nMISCELLANEOUS \r\n14. 1[* * * * * * *] \r\n15. Reports.___(1) The 1[Federal Prosecutor General ] shall submit an annual report of the \r\nService to the Government through the division concerned within three months of the conclusion of \r\nthe calendar year to which the report pertains. \r\n(2) The Report shall contain amongst other things:— \r\n(a) desegregated data regarding the number of persons charged and convicted; \r\n(b) number of charges recommended to be modified by prosecutors including \r\nthose recommended to be dropped or added; \r\n(c) number of cases in which 1[FIR] was not received from the police; \r\n(d) number of revisions and appeals filed and the results thereof; \r\n(e) number of prosecutors available; and \r\n(f) time taken to complete trials of different criminal cases. \r\n(3) The Government shall lay the report before the Majlis-e-Shoora (Parliament) within two \r\nmonths of its receipt. \r\n(4) In addition to the annual report, the chief executive officer shall provide such information \r\nin such format as the Government may seek from to time provided that the chief executive officer \r\nshall be under no obligation to disclose the identity of a person whose identity has been withheld in \r\naccordance with law. \r\n16. Code of conduct.___(1) The Federal Prosecutor General shall, with the prior approval of \r\nthe Government, issue a code of conduct for federal prosecutors. \r\n(2) A federal prosecutor shall perform his functions under this Act in accordance with the \r\ncode of conduct issued under sub-section (1). \r\n17. Guidelines.___(1) The Federal Prosecutor General 1[****] may issue guidelines to \r\nprosecutors which are not inconsistent with the provisions of this Act, any other law for the time \r\nbeing in force and the code of conduct. \r\n \r\n1Omitted. and subs. by Act No. III of 2026, ss. 6-8. \r\n \r\nPage 11 of 11 \r\n \r\n \r\n(2) Notwithstanding anything contained in sub-section (l) the Federal Prosecutor General \r\nshall issue guidelines within 12 months of the commencement of this Act regarding the following: \r\n(a) charging standards in serious criminal cases; \r\n(b) the formulation of adverse outcome reports; \r\n(c) processing of applications for withdrawal of cases; \r\n(d) processing of applications for filing of appeals and revisions; and \r\n(e) disclosure of used and unused material. \r\n18. Prosecutors to be public servants .—Subject to the provisions of his Act and the rules, \r\nmembers of the Federal Prosecution Service, including the staff, shall be deemed to be public servants \r\nwithin the meanings of section 21 of the Pakistan Penal Code (Act XLV of 1860). \r\n19. Indemnity. ___ No suit, prosecution or other legal proceedings shall lie against a federal \r\nprosecutor in respect of anything done or attempted to be done by him in good faith under this Act. \r\n20. Overriding effect.___(1) This Act shall have overriding effect on all other laws including \r\nthe Code. \r\n(2) Section 9 of this Act shall be deemed to have amended the Code to the extent specified \r\ntherein and the word prosecutor used therein shall be deemed to extend to provincial prosecutors. \r\n(3) Section 12 shall be deemed to be part of the Code. \r\n(4) Where the Government notifies an agency under section 2(b) of this Act, the prosecution \r\nfunction undertaken by that agency shall cease and any provisions of law authorizing the same shall \r\nstand repealed, forthwith. \r\n21. Transfer of work. ___ Where a federal agency empowered to investigate criminal offences \r\nunder any law for the time being in force is notified by the Gov ernment under section 2 of the Act, \r\nall prosecution work related to the said agency shall be taken over by the Federal Prosecution Service. \r\n22. Power to make rules.___ The Government may, by notification in the official Gazette \r\nmake rules for carrying out the purposes of this Act. \r\n23. Savings.___ All appointments made, actions taken and notifications issued before the \r\ncommencement of this Act, with respect to prosecution of cases shall be deemed to have been made, \r\ntaken and issued under this Act. \r\n \r\n \r\nRGN Dated: 23-01-2026", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:pk-code-bdedae92be555312:sha256:9fa9cec9abaec198b9fb0fbf17952a7a39c57bbc1474ab5f0616969cb167e027:chars-0-1743:aaef9f9bdd6e252083f16d117619fae7e1e973f905e0261675a0d4849d5d33d2", "character_start": 0, "character_end": 1743, "utf8_byte_start": 0, "utf8_byte_end": 1743, "passage_sha256": "aaef9f9bdd6e252083f16d117619fae7e1e973f905e0261675a0d4849d5d33d2", "reader_fragment": "p-0-1743-aaef9f9bdd6e2520" }, { "passage_id": "law:pk-code-bdedae92be555312:sha256:9fa9cec9abaec198b9fb0fbf17952a7a39c57bbc1474ab5f0616969cb167e027:chars-1743-3489:1b1244899d3977c940a20f84ea89b6a19c0c0fbfaa3db574ac2c031b6d20b2ba", 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