{ "schema_version": "qanun-law-text/1", "id": "punjab-code-569586c7572399d0", "title": "PUNJAB CRIMINAL PROSECUTION SERVICE (CONSTITUTION, FUNCTIONS AND POWERS) ACT 2006", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/BzJRZQo8UmE-", "version": null, "source_snapshot": "2026-08-06T16:53:49Z", "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": "fd6353e01ab427a2c8d798257c32c651febdf0f4b4d8a4abc8ca6812bcc70879", "source_sha256": "fd6353e01ab427a2c8d798257c32c651febdf0f4b4d8a4abc8ca6812bcc70879", "text_version_id": "law:punjab-code-569586c7572399d0:sha256:fd6353e01ab427a2c8d798257c32c651febdf0f4b4d8a4abc8ca6812bcc70879", "quality_flags": [], "encoding": "UTF-8", "text": "THE PUNJAB CRIMINAL PROSECUTION SERVICE \r\n(CONSTITUTION, FUNCTIONS AND POWERS) ACT 2006 \r\n(III of 2006) \r\nCONTENTS \r\nCHAPTER-I \r\nPRELIMINARY \r\n1. Short title, extent and commencement \r\n2. Definitions \r\nCHAPTER-II \r\nESTABLISHMENT, CONSTITUTION AND ADMINISTRATION \r\nOF THE SERVICE \r\n3. Establishment of the Service \r\n4. Constitution \r\n5. Superintendence and administration \r\n6. Prosecutor General \r\n7. Qualifications for the appointment of Prosecutor General \r\n8. Appointments \r\nCHAPTER-III \r\nPOWERS AND FUNCTIONS OF THE PROSECUTORS \r\n9. Conduct of Prosecution \r\n10. Powers of Prosecutor \r\n11. Conduct of prosecution before Superior Courts \r\n12. Responsibilities of Police towards Prosecutors \r\n13. Duties of the Prosecutors \r\nCHAPTER-IV \r\nESTABLISHMENT OF PROCESS SERVING AGENCY \r\n14. Establishment of agency \r\n \r\n \r\nCHAPTER-V \r\nMISCELLANEOUS \r\n15. Powers to make rules and regulations \r\n16. Terms and conditions of Service \r\n17. Code of conduct \r\n18. Indemnity \r\n19. Removal of difficulties \r\n20. Act to override other laws \r\n21. Savings \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB CRIMINAL PROSECUTION SERVICE (CONSTITUTION, \r\nFUNCTIONS AND POWERS) ACT 2006 \r\n(III of 2006) \r\n[8th April, 2006] \r\nAn \r\nAct \r\nto establish a Criminal Prosecution Service in the Punjab. \r\nPreamble.– Whereas it is expedient to establish an independent, effective and \r\nefficient service for prosecution of criminal cases, to ensure prosecutorial \r\nindependence, for better coordination in the criminal justice system of the Province \r\nand matters incidental thereto; \r\n It is hereby enacted as follows:– \r\nCHAPTER-I \r\nPRELIMINARY \r\n1. Short title, extent and commencement.– (1) This Act may be called the Punjab \r\nCriminal Prosecution Service (Constitution, Functions and Powers) Act 2006. \r\n(2) It extends to the whole of the Punjab. \r\n(3) It shall come into force at once. \r\n2. Definitions.– (1) In this Act, unless the subject or context otherwise requires– \r\n(a) “Act” means the Punjab Criminal Prosecution Service ( Constitution, \r\nFunctions and Powers) Act 2006; \r\n(b) “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898); \r\n(c) “District” means a district as defined in the Punjab Local Government \r\nOrdinance, 2001 (XIII of 2001); \r\n(d) “First Information Report” means an information recorded under section \r\n154 of the Code; \r\n(e) “Government” means the Government of the Punjab; \r\n(f) “High Court” means the Lahore High Court; \r\n(g) “Investigation Officer” means an officer of a law enforcement agency \r\ncompetent under any law, for the time being in force, to investigate an \r\noffence; \r\n(h) “law enforcement agency” includes the Punjab Police and any other \r\nagency established under any law, as may be notified by the Government; \r\n \r\n1This Act was passed by the Punjab Assembly on 20 March 2006; assented to by the Governor of the Punjab on 1 April 2006; \r\nand was published in the Punjab Gazette (Extraordinary), dated 8 April 2006, pages 3949-55. \r\n(i) “Order” means the Police Order, 2002 (Chief Executive’ s Order No.22 \r\nof 2002); \r\n(j) “prescribed” means prescribed by rules or regulations made under this \r\nAct; \r\n(k) “prosecution” means the prosecution of a criminal case; \r\n(l) “Prosecutor” means the Prosecutor General, Additional Prosecutor \r\nGeneral, Deputy Prosecut or General, District Public Prosecutor, \r\nDeputy District Public Prosecutor, Assistant District Public Prosecutor \r\nand a Public Prosecutor appointed under this Act and shall be deemed \r\nto be the public prosecutor under the Code; \r\n(m) “Prosecutor General” means the Prosecutor General appointed under \r\nsection 6; \r\n(n) “regulations” means the regulations framed under this Act; \r\n(o) “rules” means rules made under this Act; \r\n(p) “Service” means the Punjab Criminal Prosecution Service; and \r\n(q) “Supreme Court” means the Supreme Court of Pakistan. \r\n(2) The words and expressions used herein but not defined shall have the \r\nsame meaning as are assigned to them in the Code or the Order. \r\nCHAPTER-II \r\nESTABLISHMENT, CONSTITUTION AND ADMINISTRATION OF THE SERVICE \r\n3. Establishment of the Service.– The Government shall establish and \r\nmaintain a Service to be called the Punjab Criminal Prosecution Service. \r\n4. Constitution.– The Service shall consist of the Prosecutor General, Additional \r\nProsecutors General, Deputy Prosecutors General, District Public Prosecutors, Deputy \r\nDistrict Public Prosecutors and Assistant District Public Prosecutors. \r\n2\r\n[5. Superintendence and administration.– (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 \r\nthe Prosecutor General. \r\n(3) A Public Prosecutor, an Additional Prosecutor General and a Deputy \r\nProsecutor General shall perform functions under the directions of the Prosecutor \r\nGeneral. \r\n (4) Subject to the general directions of the Prosecutor General, all other \r\nProsecutors within a district shall perform functions under the control of the District \r\nPublic Prosecutor.] \r\n \r\n2Substituted by the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) (Amendment) Act 2016 (LIV of \r\n2016), published in the Punjab Gazette (Extraordinary), dated: 6 December 2016, pp. 2899-2900, s.2. \r\n6. Prosecutor General.– \r\n3\r\n[(1)The Prosecutor General shall be the head of the \r\nService and shall be appointed by the Government on such terms and conditions as \r\nthe Government may determine: \r\n Provided that the terms and conditions of service of the Prosecutor General \r\nshall not be varied during the initial or extended term of his office. \r\n (2) The Prosecutor General shall hold office for a term of three years but \r\nthe Government may, after evaluation of the performance of the Prosecutor General \r\nin the prescribed manner, extend that term for a further period of two years.] \r\n4\r\n[* * * * * * * * * * * * ] \r\n(4) The Prosecutor General may resign from his post during the tenure of \r\nhis office by submitting his resignation in writing to the Government. \r\n(5) The Government may, for reasons to be recorded in writing and after \r\nproviding him an opportunity of being heard, remove the Prosecutor General prior to the \r\ncompletion of his tenure, on the ground of misconduct or physical infirmity. \r\n(6) The Prosecutor General shall have a right of representation and \r\naudience on behalf of the Government in al l courts including the High Court, the \r\nFederal Shariat Court and the Supreme Court. \r\n(7) The Prosecutor General may delegate any of his functions to an \r\nAdditional Prosecutor General or to a Deputy Prosecutor General. \r\n7. Qualifications for the appointment of Prosecutor General.– A person shall \r\nnot be appointed as Prosecutor General unless he is a citizen of Pakistan, and is not \r\nless than forty five years of age, and– \r\n(a) he has, for a period of, or for the periods aggregating, not less than ten \r\nyears, been an advocate of the High Court; or \r\n(b) he is a law graduate and has, for a period of not less than seventeen \r\nyears, been a member of the prescribed civil service; or \r\n(c) he has, for a period of not less than ten years, held a judicial office in \r\nthe Punjab; or \r\n(d) he has, for a period of not less than five years, performed functions of \r\nan Additional Prosecutor General; or \r\n(e) he has, for a period of not less than seven years, performed the \r\nfunctions of a District Public Prosecutor or has performed functions of a \r\nProsecutor in the Punjab, under any law, for a period of not less than \r\nfifteen years. \r\nExplanation.– In computing the period during which a person has been an advocate \r\nof the High Court or held judicial office, there shall be included any period during \r\nwhich he has held judicial office after he became an advocate or, as the case may \r\nbe, the period during which he has been an advocate after having held judicial office. \r\n \r\n3Substituted by the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) (Amendment) Act 2017 (XX of \r\n2017), published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3141 - 3142, s.2 \r\n4Omitted by the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) (Amendment) Act 2017 (XX of \r\n2017) , published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3141 - 3142, s.2 \r\n8. Appointments.– (1) The Government may appoint Additional Prosecutors \r\nGeneral and Deputy Prosecutors General to conduct criminal cases in the Supreme \r\nCourt, the High Court, the Federal Shariat Court or any other Special Court. \r\n(2) The Government shall appoint a District Public Prosecutor in each \r\ndistrict who shall be the officer incharge of the prosecution in the district within the \r\nmeanings of the Code. \r\n5\r\n[(3) Appointments to the Service, except appointment of the Prosecutor \r\nGeneral under section 6, shall be either by initial recruitment or by promotion or by \r\ntransfer as prescribed. \r\n(4) All appointments by initial recruitment shall be made on the \r\nrecommendation of Punjab Public Service Commission.] \r\n Provided that the Government shall, by a special order, invite one time options \r\nfrom the persons already performing functions of Prosecutors on r egular basis in the \r\nProvince and may induct them in the Service upon such terms and conditions which \r\nare not detrimental to their existing terms and conditions of service. \r\n(5) \r\n6\r\n[* * * * * * * * * * * ] \r\nCHAPTER-III \r\nPOWERS AND FUNCTIONS OF THE PROSECUTORS \r\n9. Conduct of prosecution.– (1) The Prosecutors shall be responsible for the \r\nconduct of prosecution on behalf of the Government. \r\n(2) The Prosecutor General or if so authorized by him, an Additional \r\nProsecutor General shall distribute work to the Prosecutor s in the Supreme Court, \r\nthe High Court, the Federal Shariat Court or a Special Court established under any \r\nlaw for the time being in force. \r\n(3) A District Public Prosecutor shall distribute work to the Prosecutors \r\nwith respect to the Courts of Session and Courts of Magistrates within a district. \r\n(4) A police report under section 173 of the Code including a report of \r\ncancellation of the first information report or a request for discharge of a suspect or \r\nan accused shall be submitted to a Court through the Pr osecutor appointed under \r\nthis Act. \r\n(5) The Prosecutor shall scrutinize the report or the request and may– \r\n(a) return the same within three days to the officer incharge of police station \r\nor investigation officer, as the case may be, if he finds the same to be \r\ndefective, for removal of such defects as may be identified by him; or \r\n(b) if it is fit for submission, file it before the Court of competent jurisdiction. \r\n(6) On receipt of an interim police report under section 173 of the Code, \r\nthe Prosecutor shall– \r\n \r\n5Substituted by the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) (Amendment) Act 2015 (XVII of \r\n2015); and published in the Punjab Gazette (Extraordinary), dated 18.3.2015, pages 3433-3434, s.2. \r\n6Omitted by the Punjab Criminal Prosecution Service (Constitution, F unctions and Powers) (Amendment ) Act 2015 (XVII of \r\n2015); and published in the Punjab Gazette (Extraordinary), dated 18.3.2015, pages 3433-3434, s.2. \r\n(a) examine the reasons assigned for the delay in the completion of \r\ninvestigation and if he considers the reasons compelling, request the Court \r\nfor the postponement of trial and in case investigation is not completed \r\nwithin reasonable time, request the Court for commencement of trial; and \r\n(b) in cases where reasons assigned for delay in the completion of \r\ninvestigation are not compelling, request the Court for commencement \r\nof trial on the basis of the evidence available on record. \r\n7\r\n[(7) The Prosecutor shall submit, in writing, to the Magistrate or the Court, the \r\nresult of his assessment as to the available evidence and applicability of offences \r\nagainst all or any of the accused as per facts and circumstances of the case and the \r\nMagistrate or the Court shall give due consideration to such submission.] \r\n8\r\n[(8) If an accused pleads guilty or, as the case may be, at the time the \r\nProsecutor sums up the case, the Prosecutor shall propose to the Magistrate or the \r\nCourt the punishment which, in his opinion, the accused should be awarded.] \r\n10. Powers of Prosecutor .– (1) The Prosecutor General may issue general \r\nguidelines to the Prosecutors or officers responsible for investigation for effective \r\nand efficient prosecution. \r\n(2) The Prosecutor General or the District Public Prosecutor may, refer to the \r\nauthority, competent to initiate disciplinary proceedings under any law for the time being \r\nin force, to take disciplinary action against any public servant working in connection with \r\ninvestigation or prosecution, for any act comm itted by him and is prejudicial to the \r\nprosecution. \r\n(3) 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 any officer of law enforcing \r\nagency in 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 other Government \r\ndepartment or agency as may be necessary for the purposes of \r\nprosecution; \r\n(d) perform such 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; \r\n(e) with the consent of the Court, withdraw from prosecution of any person \r\neither generally or in respect of any one or more of the offences for \r\nwhich he is being tried, after obtaining prior approval of– \r\n(i) the District Public Prosecutor, where the offence is punishable \r\nup to three years; \r\n(ii) the Prosecutor General, where the offence is punishable upto \r\nseven years; and \r\n \r\n7Substituted by the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) (Amendment) Act 2017 (XX of \r\n2017), published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3141 - 3142, s.3 \r\n8Added by the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) (Amendment) Act 2017 (XX of \r\n2017), published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3141 - 3142, s.3 \r\n(iii) the Government, in all other offences and for the offences triable \r\nby the Special Courts; and \r\n(f) at any stage of a trial before any trial court subordinate to the High Court \r\nbefore the judgment is passed, the Prosecutor General or any \r\nProsecutor specifically authorized by him, may, for reasons to be \r\nrecorded in writing, inform the court on behalf of the Government that \r\nthe Prosecutor shall not prosecute the accused upon the charge and \r\nthereupon all proceedings against the accused shall be stayed and he \r\nshall be discharged of and from the same: \r\nProvided that such discharge shall not amount to an acquittal unless the court \r\ndirects otherwise. \r\n11. Conduct of prosecution before Superior Courts.– (1) Without prejudice to the \r\npowers conferred under any law on the office of the Attorney General of Pakistan and \r\nthe Advocate General, the Prosecutor General and the Additional Prosecutor General \r\nmay depute any Prosecutor, otherwise qualified, for conducting prosecution before the \r\nSupreme Court, the High Court or the Federal Shariat Court. \r\n(2) The Pros ecutor General shall keep liaison with the office of the \r\nAttorney General of Pakistan and the Advocate General in relation to criminal \r\nmatters pending in any such Court. \r\n12. Responsibilities of Police towards Prosecutors.– (1) An officer incharge of \r\na police station or the investigation officer shall– \r\n(a) immediately report to the District Public Prosecutor, the registration of \r\neach criminal case by sending a copy of the first information report; \r\n(b) send the police report under section 173 of the Code, to the concerned \r\nProsecutor within the period prescribed by law; and \r\n(c) if an investigation is not completed or cannot be completed within the \r\ntime provided under the law, record reasons for the delay and inform \r\nthe Prosecutor. \r\n(2) An officer incharge of th e police station or investigation officer shall, \r\nwithin the time specified by the Prosecutor, comply with the directions and remedy \r\nthe defects pointed out by the Prosecutor in a police report under section 173 of the \r\nCode including report for cancellation of the first information report or request for \r\ndischarge of an accused or suspect. \r\n13. Duties of the Prosecutors.– (1) The Prosecutor General shall– \r\n(a) submit an annual report of the Service to the Government within three \r\nmonths of the conclusion of the calendar year to which the report \r\npertains: \r\nProvided that the Government shall lay the report before the Provincial \r\nAssembly within two months of its receipt; and \r\n(b) keep the Government informed about the performance of the Service. \r\n(2) A Prosecutor, work ing under the \r\n9\r\n[directions] of the Prosecutor \r\nGeneral, shall keep the Prosecutor General informed about the progress of all the \r\ncases under his charge. \r\n(3) The District Prosecutor shall keep the Prosecutor General informed \r\nabout the progress of all criminal cases in the district. \r\n(4) A Prosecutor, working under the supervision and control of the District \r\nPublic Prosecutor, shall keep the concerned District Public Prosecutor informed \r\nabout the progress of all criminal cases under his charge. \r\n(5) Where a Pros ecutor is of the opinion that an application for \r\nenhancement of sentence or a revision should be filed in any case, he shall refer the \r\nmatter to the District Public Prosecutor or the Prosecutor General, who shall take \r\nappropriate measures thereon under the law. \r\n(6) In case of acquittal by a– \r\n(i) Court in a district, the concerned District Public Prosecutor; and \r\n(ii) Special Court, the concerned Prosecutor, shall report the details of the \r\ncase to the Prosecutor General along with grounds for appeal and the \r\nProsecutor General may request \r\n10\r\n[Secretary to the Government, Public \r\nProsecution Department] for preferring an appeal. \r\n(7) A Prosecutor shall maintain an independent file in the prescribed \r\nmanner of each case assigned to him for prosecution. \r\n(8) A District Public Prosecutor shall act as a member of the Criminal \r\nJustice Coordination Committee established under Article 110 of the Order. \r\n(9) A Prosecutor shall– \r\n(a) in all matters, perform his functions and exercise his powers fairly, \r\nhonestly, with due diligence, in the public interest and to uphold justice; \r\n(b) on receipt of the police report, final or interim, including a report for \r\ncancellation of first information report or request for discharge of an \r\naccused, scrutinize the same and process it under section 9; \r\n(c) make such entries in the record and registers as may be prescribed; \r\n(d) report to the District Public Prosecutor, details of investigations, if any, \r\nconducted in violation of law or instructions issued by the Prosecutor \r\nGeneral or not completed in the time provided under law without \r\nreasonable cause and the District Public Prosecutor may inform the \r\nhead of investigation and the Prosecutor General for appropriate \r\naction; and \r\n(e) perform such other duties as may be assigned to him under this Act by \r\nthe Government or the Prosecutor General. \r\n \r\n9Substituted for the words “supervision and control” by the Punjab Criminal Prosecution Service (Constitution, Fun ctions and \r\nPowers) (Amendment) Act 2017 (XX of 2017) , published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp \r\n3141 - 3142, s.4 \r\n10Substituted for the words “the Government” by the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) \r\n(Amendment) Act 2026 (XV of 2026), published in the Punjab Gazette (Extraordinary), dated: 25 February 2026, p 4547, s.2 \r\n \r\n \r\nCHAPTER-IV \r\nESTABLISHMENT OF PROCESS SERVING AGENCY \r\n14. Establishment of agency .– (1) The Government may establish a criminal \r\nprocess serving agency to perform such process serving functions as may be \r\nprescribed. \r\n(2) The criteria for appointment and terms and conditions of service of the \r\nmembers of criminal process serving agency shall be such, as may be prescribed. \r\nCHAPTER-V \r\nMISCELLANEOUS \r\n15. Power to make rules and regulations .– (1) The Government may, by \r\nnotification, make rules for carrying out the purposes of this Act. \r\n(2) The Prosecutor General may, subject to rules and with the prior approval \r\nof the Government, frame regulations for giving effect to the provisions of this Act. \r\n16. Terms and conditions of Servi ce.– Subject to the provisions of this Act and \r\nthe rules, members of the Service, including the staff, shall be appointed and \r\ngoverned under the Punjab Civil Servants Act, 1974 (VIII of 1974) and rules made \r\nthereunder. \r\n11\r\n[17. Code of conduct. – (1) The Prosecutor General shall, with the prior approval \r\nof Government, issue a code of conduct for the Prosecutors. \r\n(2) A Prosecutor shall perform functions under this Act in accordance with \r\nthe code of conduct issued under subsection (1).] \r\n18. Indemnity.– (1) No su it, prosecution or other legal proceedings, shall lie \r\nagainst a Prosecutor in respect of anything done or attempted to be done by him in \r\ngood faith under this Act. \r\n(2) A Prosecutor appointed under this Act shall be deemed to be a public \r\nservant within the meanings of section 21 of the Pakistan Penal Code, 1860 (Act \r\nXLV of 1860). \r\n19. Removal of difficulties .– The Government may, by order, provide for the \r\nremoval of any difficulty which may arise in giving effect to the provisions of this Act. \r\n12\r\n[20. Act to override other laws.– Sections 8,9,10,11,12,13,14,15,17,18 and 19 of \r\nthis Act shall override all other laws while other sections of the Act shall be read in \r\nconjunction with other laws.] \r\n \r\n11Substituted by the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) (Amendment) Act 2016 (L IV of \r\n2016), published in the Punjab Gazette (Extraordinary), dated: 6 December 2016, pp. 2899-2900, s.3. \r\n12Substituted by the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) (Amendment) Act 2016 (LIV of \r\n2016), published in the Punjab Gazette (Extraordinary), dated: 6 December 2016, pp. 2899-2900, s.4. \r\n21. Savings.– All appointments made, actions taken and notifications issued by the \r\nGovernment before the commencement of this Act, with respect to prosecution of \r\ncriminal cases, shall be deemed to have been made, taken and issued under this Act.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:punjab-code-569586c7572399d0:sha256:fd6353e01ab427a2c8d798257c32c651febdf0f4b4d8a4abc8ca6812bcc70879:chars-0-1800:a24dd15829ec3e5aa29f60e8c4caeab0973059dc2d9fa192d45bb73c6a9d3080", "character_start": 0, "character_end": 1800, "utf8_byte_start": 0, "utf8_byte_end": 1806, "passage_sha256": "a24dd15829ec3e5aa29f60e8c4caeab0973059dc2d9fa192d45bb73c6a9d3080", "reader_fragment": "p-0-1800-a24dd15829ec3e5a" }, { "passage_id": "law:punjab-code-569586c7572399d0:sha256:fd6353e01ab427a2c8d798257c32c651febdf0f4b4d8a4abc8ca6812bcc70879:chars-1800-3552:244e81ef3c846e8ed81abb36194f9e4f03b946e8559e19a20bf93212d8bcc7a6", 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