PUNJAB CRIMINAL PROSECUTION SERVICE (CONSTITUTION, FUNCTIONS AND POWERS) ACT 2006

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THE PUNJAB CRIMINAL PROSECUTION SERVICE 
(CONSTITUTION, FUNCTIONS AND POWERS) ACT 2006 
(III of 2006) 
CONTENTS 
CHAPTER-I 
PRELIMINARY 
1. Short title, extent and commencement 
2. Definitions 
CHAPTER-II 
ESTABLISHMENT, CONSTITUTION AND ADMINISTRATION 
OF THE SERVICE 
3. Establishment of the Service 
4. Constitution 
5. Superintendence and administration 
6. Prosecutor General 
7. Qualifications for the appointment of Prosecutor General 
8. Appointments 
CHAPTER-III 
POWERS AND FUNCTIONS OF THE PROSECUTORS 
9. Conduct of Prosecution 
10. Powers of Prosecutor 
11. Conduct of prosecution before Superior Courts 
12. Responsibilities of Police towards Prosecutors 
13. Duties of the Prosecutors 
CHAPTER-IV 
ESTABLISHMENT OF PROCESS SERVING AGENCY 
14. Establishment of agency 
 
 
CHAPTER-V 
MISCELLANEOUS 
15. Powers to make rules and regulations 
16. Terms and conditions of Service 
17. Code of conduct 
18. Indemnity 
19. Removal of difficulties 
20. Act to override other laws 
21. Savings 
 
TEXT 
1
THE PUNJAB CRIMINAL PROSECUTION SERVICE (CONSTITUTION, 
FUNCTIONS AND POWERS) ACT 2006 
(III of 2006) 
[8th April, 2006] 
An 
Act 
to establish a Criminal Prosecution Service in the Punjab. 
Preamble.– Whereas it is expedient to establish an independent, effective and 
efficient service for prosecution of criminal cases, to ensure prosecutorial 
independence, for better coordination in  the criminal justice system of the Province 
and matters incidental thereto; 
 It is hereby enacted as follows:– 
CHAPTER-I 
PRELIMINARY 
1. Short title, extent and commencement.– (1) This Act may be called the Punjab 
Criminal Prosecution Service (Constitution, Functions and Powers) Act 2006. 
(2) It extends to the whole of the Punjab. 
(3) It shall come into force at once. 
2. Definitions.– (1) In this Act, unless the subject or context otherwise requires– 
(a) “Act” means the Punjab Criminal Prosecution Service ( Constitution, 
Functions and Powers) Act 2006; 
(b) “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898); 
(c) “District” means a district as defined in the Punjab Local Government 
Ordinance, 2001 (XIII of 2001); 
(d) “First Information Report” means an information recorded under section 
154 of the Code; 
(e) “Government” means the Government of the Punjab; 
(f) “High Court” means the Lahore High Court; 
(g) “Investigation Officer”  means an officer of a law enforcement agency 
competent under any law, for the time being in force, to investigate an 
offence; 
(h) “law enforcement agency” includes the Punjab Police and any other 
agency established under any law, as may be notified by the Government; 
                                                 
1This Act was passed by the Punjab Assembly on 20 March 2006; assented to by the Governor of the Punjab on 1 April 2006; 
and was published in the Punjab Gazette (Extraordinary), dated 8 April 2006, pages 3949-55. 
(i) “Order” means the Police Order, 2002 (Chief Executive’ s Order No.22 
of 2002); 
(j) “prescribed” means prescribed by rules or regulations made under this 
Act; 
(k) “prosecution” means the prosecution of a criminal case; 
(l) “Prosecutor” means the Prosecutor General, Additional Prosecutor 
General, Deputy Prosecut or General, District Public Prosecutor, 
Deputy District Public Prosecutor, Assistant District Public Prosecutor 
and a Public Prosecutor appointed under this Act and shall be deemed 
to be the public prosecutor under the Code; 
(m) “Prosecutor General” means the Prosecutor General appointed under 
section 6; 
(n) “regulations” means the regulations framed under this Act; 
(o) “rules” means rules made under this Act; 
(p) “Service” means the Punjab Criminal Prosecution Service; and 
(q) “Supreme Court” means the Supreme Court of Pakistan. 
(2) The words and expressions used herein but not defined shall have the 
same meaning as are assigned to them in the Code or the Order. 
CHAPTER-II 
ESTABLISHMENT, CONSTITUTION AND ADMINISTRATION OF THE SERVICE 
3. Establishment of the  Service.– The Government shall establish and 
maintain a Service to be called the Punjab Criminal Prosecution Service. 
4. Constitution.– The Service shall consist of the Prosecutor General, Additional 
Prosecutors General, Deputy Prosecutors General, District Public Prosecutors, Deputy 
District Public Prosecutors and Assistant District Public Prosecutors. 
2
[5. Superintendence and administration.– (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 Prosecutor General. 
(3) A Public Prosecutor, an Additional Prosecutor General and a Deputy 
Prosecutor General shall perform functions under the directions of the Prosecutor 
General. 
 (4) Subject to the general directions of the Prosecutor General, all other 
Prosecutors within a district shall perform functions under the control of the District 
Public Prosecutor.] 
                                                 
2Substituted by the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) (Amendment) Act 2016 (LIV of 
2016), published in the Punjab Gazette (Extraordinary), dated: 6 December 2016, pp. 2899-2900, s.2. 
6. Prosecutor General.– 
3
[(1)The 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: 
 Provided that the terms and conditions of service of the Prosecutor General 
shall not be varied during the initial or extended term of his office. 
 (2) The Prosecutor General shall hold office for a term of three years but 
the Government may, after evaluation of the performance of the Prosecutor General 
in the prescribed manner, extend that term for a further period of two years.] 
4
[* * * * * * * * * * * *   ] 
(4) The Prosecutor General may resign from his post during the tenure of 
his office by submitting his resignation in writing to the Government. 
(5) The Government may, for reasons to be recorded in writing and after 
providing him an opportunity of being heard, remove the Prosecutor General prior to the 
completion of his tenure, on the ground of misconduct or physical infirmity. 
(6) The Prosecutor General shall have a right of representation and 
audience on behalf of the Government in al l courts including the High Court, the 
Federal Shariat Court and the Supreme Court.  
(7) The Prosecutor General may delegate any of his functions to an 
Additional Prosecutor General or to a Deputy Prosecutor General. 
7. Qualifications for the appointment of Prosecutor General.– A person shall 
not be appointed as Prosecutor General unless he is a citizen of Pakistan, and is not 
less than forty five years of age, and– 
(a) he has, for a period of, or for the periods aggregating, not less than ten 
years, been an advocate of the High Court; or 
(b) he is a law graduate and has, for a period of not less than seventeen 
years, been a member of the prescribed civil service; or 
(c) he has, for a period of not less than ten years, held a judicial office in 
the Punjab; or 
(d) he has, for a period of not less than five years, performed functions of 
an Additional Prosecutor General; or 
(e) he has, for a period of not less than seven years, performed the 
functions of a District Public Prosecutor or has performed functions of a 
Prosecutor in the Punjab, under any law, for a period of not less than 
fifteen years. 
Explanation.– In computing the period during which a person has been an advocate 
of the High Court or held judicial office, there shall be included any period during 
which he has 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. 
                                                 
3Substituted by the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) (Amendment) Act 2017  (XX of 
2017), published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3141 - 3142, s.2 
4Omitted by the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) (Amendment) Act 2017  (XX of 
2017) ,  published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3141 - 3142, s.2 
8. Appointments.– (1) The Government may appoint Additional Prosecutors 
General and Deputy Prosecutors General to conduct criminal cases in the Supreme 
Court, the High Court, the Federal Shariat Court or any other Special Court. 
(2) The Government shall appoint a District Public Prosecutor in each 
district who shall be the officer incharge of  the prosecution in the district within the 
meanings of the Code. 
5
[(3) Appointments to the Service, except appointment of the Prosecutor 
General under section 6, shall be either by initial recruitment or by promotion or by 
transfer as prescribed. 
(4) All appointments by initial recruitment shall be made on the 
recommendation of Punjab Public Service Commission.] 
 Provided that the Government shall, by a special order, invite one time options 
from the persons already performing functions of Prosecutors on r egular basis in the 
Province and may induct them in the Service upon such terms and conditions which 
are not detrimental to their existing terms and conditions of service. 
(5) 
6
[* * * * * * * * * * *   ] 
CHAPTER-III 
POWERS AND FUNCTIONS OF THE PROSECUTORS 
9. Conduct of prosecution.– (1) The Prosecutors shall be responsible for the 
conduct of prosecution on behalf of the Government. 
(2) The Prosecutor General or if so authorized by him, an Additional 
Prosecutor General shall distribute work to the Prosecutor s in the Supreme Court, 
the High Court, the Federal Shariat Court or a Special Court established under any 
law for the time being in force. 
(3) A District Public Prosecutor shall distribute work to the Prosecutors 
with respect to the Courts of Session and Courts of Magistrates within a district. 
(4) A police report under section 173 of the Code including a report of 
cancellation of the first information report or a request for discharge of a suspect or 
an accused shall be submitted to a Court through the Pr osecutor appointed under 
this Act. 
(5) The Prosecutor shall scrutinize the report or the request and may– 
(a) return the same within three days to the officer incharge of police station 
or investigation officer, as the case may be, if he finds the same to be 
defective, for removal of such defects as may be identified by him; or 
(b) if it is fit for submission, file it before the Court of competent jurisdiction. 
(6) On receipt of an interim police report under section 173 of the Code, 
the Prosecutor shall– 
                                                 
5Substituted by the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) (Amendment) Act 2015 (XVII of 
2015); and published in the Punjab Gazette (Extraordinary), dated 18.3.2015, pages 3433-3434, s.2. 
6Omitted by the Punjab Criminal Prosecution Service (Constitution, F unctions and Powers) (Amendment ) Act 2015 (XVII of 
2015); and published in the Punjab Gazette (Extraordinary), dated 18.3.2015, pages 3433-3434, s.2. 
(a) examine the reasons assigned for the delay in the completion of 
investigation and if he considers the reasons compelling, request the Court 
for the postponement of trial and in case investigation is not completed 
within reasonable time, request the Court for commencement of trial; and 
(b) in cases where reasons assigned for delay in the completion of 
investigation are not compelling, request the Court for commencement 
of trial on the basis of the evidence available on record. 
7
[(7) The Prosecutor shall submit, in writing, to the Magistrate or the Court, the 
result of his assessment as to the available evidence and applicability of offences 
against all or any of the accused as per facts and circumstances of the case and the 
Magistrate or the Court shall give due consideration to such submission.] 
8
[(8) If an accused pleads guilty or, as the case may be, at the time the 
Prosecutor sums up the case, the Prosecutor shall propose to the Magistrate or the 
Court the punishment which, in his opinion, the accused should be awarded.] 
10. Powers of Prosecutor .– (1) The Prosecutor General may issue general 
guidelines to the Prosecutors or officers responsible for investigation for effective 
and efficient prosecution. 
(2) The 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 comm itted by him and is prejudicial to the 
prosecution. 
(3) 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 any officer of law enforcing 
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 other Government 
department or agency as may be necessary for the purposes of 
prosecution; 
(d) perform such functions and exercise such powers as may be entrusted to 
him under the Code and any other law for the time being in force; 
(e) with the consent of the Court, withdraw from prosecution of any person 
either generally or in respect of any one or more of the offences for 
which he is being tried, after obtaining prior approval of– 
(i) the District Public Prosecutor, where the offence is punishable 
up to three years; 
(ii) the Prosecutor General, where the offence is punishable upto 
seven years; and 
                                                 
7Substituted by the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) (Amendment) Act 2017  (XX of 
2017), published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3141 - 3142, s.3 
8Added by the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) (Amendment) Act 2017  (XX of 
2017), published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3141 - 3142, s.3 
(iii) the Government, in all other offences and for the offences triable 
by the Special Courts; and 
(f) at any stage of a trial before any trial court subordinate to the High Court 
before the judgment is passed, the 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 and from the same: 
Provided that such discharge shall not amount to an acquittal unless the court 
directs otherwise. 
11. Conduct of prosecution before Superior Courts.– (1) Without prejudice to the 
powers conferred under any law on the office of the Attorney General of Pakistan and 
the Advocate General, the Prosecutor General and the Additional Prosecutor General 
may depute any Prosecutor, otherwise qualified, for conducting prosecution before the 
Supreme Court, the High Court or the Federal Shariat Court. 
(2) The Pros ecutor General shall keep liaison with the office of the 
Attorney General of Pakistan and the Advocate General in relation to criminal 
matters pending in any such Court. 
12. Responsibilities of Police towards Prosecutors.– (1) An officer incharge of 
a police station or the investigation officer shall– 
(a) immediately report to the District Public Prosecutor, the registration of 
each criminal case by sending a copy of the first information report;  
(b) send the police report under section 173 of the Code, to  the concerned 
Prosecutor within the period prescribed by law; and 
(c) if an investigation is not completed or cannot be completed within the 
time provided under the law, record reasons for the delay and inform 
the Prosecutor. 
(2) An officer incharge of th e police station or investigation officer shall, 
within the time specified by the Prosecutor, comply with the directions and remedy 
the defects pointed out by the Prosecutor in 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. 
13. Duties of the Prosecutors.– (1) The Prosecutor General shall– 
(a) submit an annual report of the Service to the Government within three 
months of the conclusion of the calendar year to which the report 
pertains: 
Provided that the Government shall lay the report before the Provincial 
Assembly within two months of its receipt; and 
(b) keep the Government informed about the performance of the Service. 
(2) A Prosecutor, work ing under the 
9
[directions] of the Prosecutor 
General, shall keep the Prosecutor General informed about the progress of all the 
cases under his charge. 
(3) The District Prosecutor shall keep the Prosecutor General informed 
about the progress of all criminal cases in the district. 
(4) A Prosecutor, working under the supervision and control of the District 
Public Prosecutor, shall keep the concerned District Public Prosecutor informed 
about the progress of all criminal cases under his charge. 
(5) Where a Pros ecutor is of the opinion that an application for 
enhancement of sentence or a revision should be filed in any case, he shall refer the 
matter to the District Public Prosecutor or the Prosecutor General, who shall take 
appropriate measures thereon under the law. 
(6) In case of acquittal by a– 
(i) Court in a district, the concerned District Public Prosecutor; and 
(ii) Special Court, the concerned Prosecutor, shall report the details of the 
case to the Prosecutor General along with grounds for appeal and the 
Prosecutor General may request 
10
[Secretary to the Government, Public 
Prosecution Department] for preferring an appeal. 
(7) A Prosecutor shall maintain an independent file in the prescribed 
manner of each case assigned to him for prosecution.  
(8) A District  Public Prosecutor shall act as a member of the Criminal 
Justice Coordination Committee established under Article 110 of the Order. 
(9) A Prosecutor shall– 
(a) in all matters, perform his functions and exercise his powers fairly, 
honestly, with due diligence, in the public interest and to uphold justice; 
(b) on receipt of the police report, final or interim, including a report for 
cancellation of first information report or request for discharge of an 
accused, scrutinize the same and process it under section 9; 
(c) make such entries in the record and registers as may be prescribed; 
(d) report to the District Public Prosecutor, details of investigations, if any, 
conducted in violation of law or instructions issued by the Prosecutor 
General or not completed in  the time provided under law without 
reasonable cause and the District Public Prosecutor may inform the 
head of investigation and the Prosecutor General for appropriate 
action; and 
(e) perform such other duties as may be assigned to him under this Act by 
the Government or the Prosecutor General. 
                                                 
9Substituted for the words “supervision and control” by the Punjab Criminal Prosecution Service (Constitution, Fun ctions and 
Powers) (Amendment) Act 2017  (XX of 2017) , published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 
3141 - 3142, s.4 
10Substituted for the words “the Government” by the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) 
(Amendment) Act 2026 (XV of 2026), published in the Punjab Gazette (Extraordinary), dated: 25 February 2026, p 4547, s.2 
 
 
CHAPTER-IV 
ESTABLISHMENT OF PROCESS SERVING AGENCY 
14. Establishment of agency .– (1) The Government may establish a criminal 
process serving agency to perform such process serving functions as may be 
prescribed. 
(2) The criteria for appointment and terms and conditions of service of the 
members of criminal process serving agency shall be such, as may be prescribed. 
CHAPTER-V 
MISCELLANEOUS 
15. Power to make rules and regulations .– (1) The Government may, by 
notification, make rules for carrying out the purposes of this Act. 
(2) The Prosecutor General may, subject to rules and with the prior approval 
of the Government, frame regulations for giving effect to the provisions of this Act.  
16. Terms and conditions of Servi ce.– Subject to the provisions of this Act and 
the rules, members of the Service, including the staff, shall be appointed and 
governed under the Punjab Civil Servants Act, 1974 (VIII of 1974) and rules made 
thereunder. 
11
[17. Code of conduct. – (1) The Prosecutor General shall, with the prior approval 
of Government, issue a code of conduct for the Prosecutors.  
(2) A Prosecutor shall perform functions under this Act in accordance with 
the code of conduct issued under subsection (1).] 
18. Indemnity.– (1) No su it, prosecution or other legal proceedings, shall lie 
against a Prosecutor in respect of anything done or attempted to be done by him in 
good faith under this Act. 
(2) A Prosecutor appointed under this Act shall be deemed to be a public 
servant within the meanings of section 21 of the Pakistan Penal Code, 1860 (Act 
XLV of 1860). 
19. Removal of difficulties .– The Government may, by order, provide for the 
removal of any difficulty which may arise in giving effect to the provisions of this Act. 
12
[20. Act to override other laws.– Sections 8,9,10,11,12,13,14,15,17,18 and 19 of 
this Act shall override all other laws while other sections of the Act shall be read in 
conjunction with other laws.] 
                                                 
11Substituted by the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) (Amendment) Act 2016 (L IV of 
2016), published in the Punjab Gazette (Extraordinary), dated: 6 December 2016, pp. 2899-2900, s.3. 
12Substituted by the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) (Amendment) Act 2016 (LIV of 
2016), published in the Punjab Gazette (Extraordinary), dated: 6 December 2016, pp. 2899-2900, s.4. 
21. Savings.– All appointments made, actions taken and notifications issued by the 
Government before the commencement of this Act, with respect to prosecution of 
criminal cases, shall be deemed to have been made, taken and issued under this Act.