Code of Criminal Procedure, 1898
Year: 1898 · Total entries: 479
Sections
Chapter I — Preliminary
commencement.__ (1) This Act may be called the Code of Criminal Procedure, 1898 ; and it shall come into force on the first day of July, 1898. (2) Ext...
In N.W.F.P. (Except Tribal Areas) 26-12-1975...
(1) In every enactment passed before this Code comes into force, in which reference is made to, or to any chapter or section of, the Code of Criminal ...
(1) In this Code the following words and expressions have the following meanings, unless a different intention appears from the subject or content:__ ...
(1) All offences under the Pakistan Penal Code (XLV of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to the pr...
Chapter II — General Explanations
(1) Besides the High Court and the Courts constituted under any law other than this Code for the time being in force, there shall be two classes of Cr...
(1) <sup>[2]</sup> shall consist of sessions divisions: and every sessions division shall, for the purposes of this Code, be a district or consist of ...
(1) The <sup>[4]</sup> may divide any district <sup>[9]</sup> into sub-divisions, or make any portion of any such district a 8 sub-division, and may a...
(1) The <sup>[4]</sup> shall establish a Court of Session for every sessions division, and appoint a judge of such Court. (2) The <sup>[4]</sup> may, ...
(1) The <sup>[1]</sup> may appoint as many persons as it thinks fit, <sup>[4]</sup> to be Magistrates of the first, second or third class in any distr...
(1) The Provincial Government may, on the recommendation of the High Court, confer upon any person <sup>[2]</sup> all or any of the powers conferred o...
(1) Notwithstanding anything contained in this Code or any other law for the time being in force or any judgement of any court including superior cour...
(1) The <sup>[1]</sup> may direct any two or more <sup>[2]</sup> in any place <sup>[3]</sup> to sit together as a Bench, and may by order invest such ...
Power to frame rules for guidance of <sup>[3]</sup> Benches. The <sup>[1]</sup> may, <sup>[2]</sup> from time to time, make rules5 consistent with thi...
2 [Subordination of <sup>[6]</sup> (1) All <sup>[6]</sup> (2) [* * * * * * *] 6 (2A) [* * * * * * *] (3) Subordination of Assistant Sessions Judges to...
The Provincial Government may, by notification in the official Gazette, appoint, for such period as may be specified in the notification, and subject ...
(1) A Justice of the Peace for any local area shall, for the purpose of making an arrest, have within such area all the powers of a police-officer ref...
Subject to such rules as may be made by the Provincial Government, every Justice of the Peace for any local area shall__ (a) on receipt of info...
Ex-officio Justices of the Peace. By virtue of their respective offices, the Sessions Judges and on nomination by them, the Additional Sessions Judges...
Chapter III — Punishments
Subject to the other provisions of this Code any offence under the Pakistan Penal Code (XLV of 1860) may be tried__ 1 Added & subs. by Ord. No. CXXXI ...
(1) The Courts of Magistrates may pass the following sentences, namely:__ Imprisonment for a term not exceeding <sup>[2]</sup> including such solitary...
(1) The Court of any Magistrate may award such terms of imprisonment in default of payment of fine as is authorized by law in case of such default: Pr...
Higher powers of certain <sup>[8]</sup> Magistrates. The Court of a Magistrate, specially empowered under section 30, may pass any sentence authorized...
<sup>[10]</sup> Omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949(II of 1950), s. 2 and Sch. <sup>[1]</sup> <sup>[2]</su...
(1) <sup>[1]</sup> sentence him, for such offences, to the several punishments prescribed therefor which such Court is competent to inflict; such puni...
All <sup>[3]</sup> have the powers hereinafter respectively conferred upon them and specified in the third schedule. Such powers are called their “ord...
On the recommendations of the High Court, the Provincial Government may, in addition to the ordinary powers, invest any Magistrate with any powers spe...
<sup>[6]</sup> D.— Conferment, Continuance and Cancellation of Powers...
(1) In conferring powers under this Code the <sup>[7]</sup> may by order, empower persons specially by name or in virtue of their office or classes of...
Whenever any person holding an office in the service of Government who has been invested with any powers under this Code throughout any local area is ...
The Provincial Government may, on the recommendations of the High Court, withdraw all or any powers conferred by it under this Code on any person or M...
Chapter IV — General Exceptions
Every person is bound to assist a Magistrate [, Justice of the Peace] or police-officer reasonably demanding his aid, <sup>[7]</sup> ,__ 6 (a) in the ...
Aid to person other than police-officer, executing warrant. When a warrant is directed to a person other than a police-officer, any other person may a...
<sup>[8]</sup> <sup>[1]</sup> <sup>[2]</sup> <sup>[3]</sup> <sup>[5]</sup> <sup>[7]</sup> <sup>[8]</sup> (2) For the purposes of this section the term...
Village-headman, accountants, landholders and others bound to report certain __ matters. (1)Every village-headman, village-accountant, village watchma...
Chapter V — Of Abetment
(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unle...
If any person acting under a warrant of arrest, or any police-officer having authority to arrest, has reason to believe that the person to be arrested...
If ingress to such place cannot be obtained under section 47 it shall be lawful in any case for a person acting under a warrant and in any case in whi...
Any police-officer or other person authorized to make an arrest may break open any outer or inner door or window of any house or place in order to lib...
The person arrested shall not be subjected to more restraint than is necessary to prevent his escape....
Whenever a person is arrested by a police-officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for...
Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman, with strict regard to decency....
The officer or other person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person, a...
(1) When a person is arrested on a charge of committing an offence of rape, unnatural offence or sexual abuse or an attempt to commit rape, unnatural ...
(1) Any police-officer may, without an order from a Magistrate and without a warrant, arrest— first, any person who has been concerned in any cognizab...
(1) Any officer in charge of a police-station may, in like manner, arrest or cause to be arrested__ (a) any person found taking precautions to...
Procedure when police officer deputes subordinate to arrest without warrant. __(1) When any officer in charge of a police-station <sup>[7]</sup> requi...
(1) When any person who in the presence of a police-officer has committed or has been accused of committing a non-cognizable offence refuses, on deman...
A police-officer may, for the purpose of arresting without warrant any person whom he is authorized to arrest under this Chapter, pursue such person i...
<sup>[4]</sup> (2) If there is reason to believe that such person comes under the provisions of section 54, a police-officer shall re-arrest him. (3) ...
Person arrested to be taken before Magistrate or officer in charge of police-station. A police officer making an arrest without warrant shall, without...
Person arrested not to be detained more than twenty-four hours. No police-officer shall detain in custody a person arrested without warrant for a long...
Officers in charge of police-stations shall report to 1 the [Zila Nazim, District Superintendent of Police and District Public Safety Commission set u...
No person who has been arrested by a police-officer shall be discharged except on his own bond, or on bail, or under the special order of a Magistrate...
Offence committed in Magistrate’s presence. When any offence is committed in the presence of a Magistrate within the local limits of his jurisdiction,...
Any Magistrate may at any time arrest or direct the arrest, in his presence, within the local limits of his jurisdiction, of any person for whose arre...
If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in ...
Provisions of sections 47, 48 and 49 to apply to arrests under section 66. The provisions of sections 47, 48 and 49 shall apply to arrests under secti...
Chapter VI — Offences against the State
(1) Every summons issued by a Court under this Code shall be in writing in duplicate, signed and sealed by the presiding officer of such Court, or by ...
(1) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the sum...
Where the person summoned cannot by the exercise of due diligence be found, the summons may be served by leaving one of the duplicates for him with so...
If service in the manner mentioned in sections 69 and 70 cannot by the exercise of due diligence be effected, the serving officer shall affix one of t...
<sup>[8]</sup> __(1) Where the person summoned is in the active service of the <sup>[9]</sup> or of a <sup>[10]</sup> , the Court issuing the summons ...
When a Court desires that a summons issued by it shall be served at any place outside the local limits of its jurisdiction, it shall ordinarily send s...
(1) When a summons issued by a Court is served outside the local limits of its jurisdiction, and in any case where the <sup>[1]</sup> who has served a...
(1) Every Warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer, or in the case of a Bench of Magis...
(1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes ...
(1) A warrant of arrest shall ordinarily be directed to one or more police-officers, <sup>[2]</sup> ; but <sup>[3]</sup> issuing such a warrant may, i...
(1) A <sup>[1]</sup> Magistrate may direct a warrant to any landholder, farmer or manager of land within his district or sub-division for the arrest o...
Warrant directed to police-officer. A warrant directed to any police-officer may also be executed by any other police-officer whose name is endorsed u...
The police-officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so required,...
The police-officer or other person executing a warrant of arrest shall (subject to the provisions of section 76 as to security) without unnecessary de...
A warrant of arrest may be executed at any place in <sup>[2]</sup> . [Explanation.__ In this section, “warrant of arrest” includes a warrant of arrest...
(1) When a warrant is to be executed outside the local limits of the jurisdiction of the Court issuing the same, such Court may, instead of directing ...
(1) When a warrant directed to a police-officer is to be executed beyond the local limits of the jurisdiction of the Court issuing the same, he shall ...
When a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the Court which issued the warrant...
(1) Such Magistrate or District Superintendent 3[* *] shall, if the person arrested appears to be the person intended by the Court which issued the wa...
Where a person arrested under section 85 is to be removed in custody to any place in the Tribal Areas, he shall be produced before a Magistrate within...
(1) If any Court <sup>[1]</sup> that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warra...
(1) The Court issuing a proclamation under section 87 may at any time order the attachment of any property, moveable or immovable, or both, belonging ...
If, within two years from the date of the attachment, any person whose property is or has been at the disposal of <sup>[1]</sup> , under sub-section (...
A Court may, in any case in which it is empowered by this Code to issue a summons for the appearance of any person <sup>[3]</sup> issue, after recordi...
When any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons or warrant, is present in such Court...
When any person who is bound by any bond taken under this Code to appear before a Court, does not so appear, the officer presiding in such Court may i...
Provisions of this Chapter generally applicable to summonses and warrants of arrest. The provisions contained in this Chapter relating to a summons an...
(1) Where a Court in <sup>[2]</sup> desires that a summons issued by it to an accused person shall be served at any place outside <sup>[2]</sup> withi...
Notwithstanding anything contained in section 82, where a Court in <sup>[2]</sup> desires that a warrant issued by it for the arrest of an accused per...
Service and execution in Pakistan of processes received from outside Pakistan. __ (1) Where a Court has received for service or execution a summons to...
Chapter VII — Offences relating to the Army
(1) Whenever any Court, or <sup>[5]</sup> , any officer in charge of a police-station considers that the production of any document or other thing is ...
(1) If any document, parcel or thing in such custody is, in the opinion of any <sup>[2]</sup> (2) If any such document, parcel or thing is, in the opi...
(1) Where any Court has reason to believe that a person to whom a summons or order under section 94 or a requisition under section 95, sub-section (1)...
The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and ...
Search of house suspected to contain stolen property, forged documents, etc.__ (1) If a [* * * [* *]<sup>[1]</sup> (a) to enter, with such assistance ...
When, in the execution of a search-warrant at any place beyond the local limits of the jurisdiction of the Court which issued the same, any of the thi...
Power to declare certain publications forfeited and to issue search-warrants for the same.__ (1) Where__ (a) any newspaper, or book as defined in the ...
to High Court to set aside order of forfeiture. __ 10[(1)] Any person having any interest in any newspaper, book or other document, in respect of whic...
(1) On receipt of the application, the <sup>[1]</sup> shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in...
On the hearing of any such application with reference to any newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the...
Every High Court shall, as soon as conveniently may be, frame rules to regulate the procedure in the case of such applications, the amount of the cost...
No order passed or action taken under section 99A shall be called in question in any Court otherwise than in accordance with the provisions of section...
If any 6[* *], Magistrate of the first class <sup>[7]</sup> has reason to believe that any person is confined under such circumstances that the confin...
Direction, etc., of search-warrants. The provisions of sections 43, 75, 77, 79, 82, 83 and 84 shall, so far as may be, apply, to all search-warrants i...
(1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being incharge of such place shall, on ...
(1) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more respectable inhabitants of the...
Power to impound document, etc., produced. Any Court may, if it thinks fit, impound any document or thing produced before it under this Code....
Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search-warrant....
Chapter VIII — Offences against Public Tranquillity
Security for keeping the peace on conviction.— (1) Whenever any person accused of <sup>[4]</sup> assault or other offence involving a breach of the pe...
(1) Whenever a 2[* *], <sup>[3]</sup> is informed that any person is likely to commit a breach of the peace disturb the public tranquillity or to do a...
Security for good behaviour from persons disseminating seditious matter. Whenever a <sup>[3]</sup> <sup>[4]</sup> has information that there is within...
Whenever a 13[* *] [Magistrate of the First Class receives] information__ 4 (a) that any person is taking precautions to conceal his presence within t...
Whenever a 2[* *], <sup>[3]</sup> receives information that any person within the local limits of his jurisdiction— (a) is by habit a robber, house-br...
When a Magistrate acting under section 107, section 108, section 109 or section 110 deems it necessary to require any person to show cause under such ...
If the person in respect of whom such order is made is present in Court, it shall be read over to him or, if he so desires, the substance thereof shal...
If such person is not present in Court, the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant di...
Copy of order under section 112 to accompany summons or warrant. Every summons or warrant issued under section 114 shall be accompanied by a copy of t...
The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be or...
(1) When an order under section 112 has been read or explained under section 113 to a person present in Court, or when any person appears or is brough...
(1) If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person ...
If, on an inquiry under section 117, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, th...
of period for which security is required. __ (1) If any person, in respect of whom an order requiring security is made under section 106 or section 11...
The bond to be executed by any such person shall bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the...
(1) A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on...
(1) If any person ordered to give security under section 106 or section 118 does not give such security on or before the date on which the period for ...
(1) Whenever the <sup>[5]</sup> <sup>[6]</sup> is of opinion that any person imprisoned for failing to give security under this Chapter <sup>[7]</sup>...
Power of District Magistrate to cancel any bond for keeping the peace or good behaviour. The <sup>[4]</sup> <sup>[1]</sup> may at any time, for suffic...
(1) Any surety for the peaceable conduct or good behaviour of another person may at any time apply to a <sup>[5]</sup> , <sup>[1]</sup> to cancel any ...
Chapter IX — Offences by or relating to Public Servants
(1) Any <sup>[9]</sup> officer in charge of a police-station may command any unlawful assembly, or any assembly of five or more persons likely to caus...
If, upon being so commanded, any such assembly does not disperse, or if, without being so commanded, it conducts itself in such a manner as to show a ...
If any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, <sup>[8]</sup> who is ...
Duty of Officer Commanding troops required by Magistrate to disperse assembly. <sup>[10]</sup> (2) Every such officer shall obey such requisition in s...
When the public security is manifestly endangered by any such assembly, and when <sup>[8]</sup> can be communicated with, any commissioned officer of ...
Power to use military force for public security and maintenance of law and order.__ (1) If the Provincial Government is satisfied that, for the public...
No prosecution against any person for any act purporting to be done under this Chapter shall be instituted in any Criminal Court, except with the sanc...
In this Chapter,__ (a) the expression “armed forces” means the military, naval and air forces, operating as land forces and includes <sup>[2]</sup> an...
Chapter X — Contempts of Lawful Authority
(1) Whenever a <sup>[5]</sup> considers, on receiving a police-report or other information and on taking such evidence (if any) as he thinks fit, that...
(1) The order shall, if practicable, be served on the person against whom it is made, in manner herein provided for service of a summons. (2) If such ...
The person against whom such order is made shall__ (a) perform, within the time <sup>[3]</sup> specified in the order, the act directed thereby ; or (...
If such person does not perform such act or appear and show cause or apply for the appointment of a jury as required by section 135, he shall be liabl...
(1) If he appears and shows cause against the order, the Magistrate shall take evidence in the matter 1[in the manner provided in...
Chapter XX — Offences relating to Marriage
(1) On receiving an application under section 135 to appoint a jury, the Magistrate shall__ (a) forthwith appoint a jury consisting of an uneve...
(1) If the jury or a majority of the jurors find that the order of the Magistrate is reasonable and proper as originally made, or subject to a modific...
(1) Where an order is made under section <sup>[133]</sup> (2) If in such inquiry the Magistrate finds that there is any reliable evidence in support o...
(1) When an order has been made absolute under section 136, section 137 or section 139, the Magistrate shall give notice of the same to the person aga...
If the applicant, by neglect or otherwise, prevents the appointment of the jury, or if from any cause the jury appointed do not return their verdict w...
(1) If a Magistrate making an order under section 133 considers that immediate measures should be taken to prevent imminent danger or injury of a seri...
A <sup>[1]</sup> , may order any person not to repeat or continue a public nuisance, and defined in the Pakistan Penal Code (XLV of 1860) or any speci...
Chapter XI — False Evidence
Power to issue order absolute at once in urgent cases of nuisance or apprehended danger.__ (1) In cases where, in the opinion of <sup>[1]</sup> <sup>[...
Chapter XII — Offences relating to Coin and Stamps
Procedure where dispute concerning land, etc., is likely to cause breach of peace.__ (1) Whenever a <sup>[1]</sup> is satisfied from a police-report o...
(1) If the Magistrate decides that none of the parties was then in such possession, or is unable to satisfy himself as to which of them was then in su...
(1) Whenever 4 any [Magistrate of the First Class] is satisfied, from a police-report or other information, that a dispute likely to cause a breach of...
(1) Whenever a local inquiry is necessary for the purposes of this Chapter, any <sup>[1]</sup> may depute any Magistrate subordinate to him to make th...
Chapter XIII — Offences relating to Weights and Measures
Every police-officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable off...
Every police-officer receiving information of a design to commit any cognizable offence shall communicate such information to the police-officer to wh...
A police-officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person s...
A police-officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, moveable or im...
(1) Any officer in charge of a police-station may, without a warrant, enter any place within the limits of such station for the purpose of inspecting ...
Chapter XIV — Offences affecting Public Health
Every information relating to the commission of a cognizable offence if given orally to an officer in charge of a police-station, shall be reduced to ...
(1) When information is given to an officer incharge of a police-station of the commission within the limits of such station of a non-cognizable offen...
Investigation into cognizable cases._ (1) Any officer in charge of a police-station may, without the order of a Magistrate, investigate any cognizable...
Notwithstanding anything contained in this Code, no police officer below the rank of a Superintendent of Police shall investigate the offence against ...
Notwithstanding anything contained in this Code, where a person is accused of offence of zina under the Offence of zina (Enforcement of Huddood) Ordin...
(1) If, from information received or otherwise, an officer in charge of a police-station has reason to suspect the commission of an offence which he i...
(1) Every report sent to a Magistrate under section 157 shall, if the <sup>[2]</sup> so directs, be submitted through such superior officer of police ...
Such Magistrate, on receiving such report, may direct an investigation or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to ...
Policeofficer’s power to require attendance of witnesses. Any police-officer making an investigation under this Chapter may, by order in writing, req...
(1) Any police-officer making an investigation under this Chapter <sup>[3]</sup> may examine orally any person supposed to be acquainted with the fact...
(1) Where an offence under section 354A, section 376, section 377 or section 377B of the Pakistan Penal Code, 1860 (Act XLV of 1860) has been committe...
Statements to police not to be signed; use of such statements in evidence.__ <sup>[3]</sup> (2) Nothing in this section shall be deemed to apply to an...
(1) No police-officer or other person in authority shall offer or make, or cause to be offered or made, any such inducement, threat or promise as is m...
(1) <sup>[1]</sup> record any statement or confession made to him in the course of an investigation under this Chapter or at any time afterwards befor...
(1) Where an offence of committing rape, unnatural offence or sexual abuse or attempt to commit rape, unnatural offence or sexual abuse under section ...
(1) Where an offence under section 376, section 377 or section 377B of the Pakistan Penal Code, 1860 (XLV of 1860) is committed or attempted to have b...
<sup>[1]</sup> (3) If he is unable to conduct the search in person, and there is no other person competent to make the search present at the time, he ...
When officer in charge of police-station may require another to issue search warrant.__ (1) An officer in charge of a police-station <sup>[3]</sup> ma...
(1) Whenever <sup>[5]</sup> investigation <sup>[6]</sup> cannot be completed within the period of twenty-four hours fixed by section 61, and there are...
Report of investigation by subordinate police-officer. When any subordinate police-officer has made any investigation under this Chapter, he shall rep...
If, upon an investigation under this Chapter, it appears to the officer in charge of the police-station <sup>[1]</sup> that there is not sufficient ev...
(1) If, upon an investigation under this Chapter, it appears to the officer in charge of the police-station that there is sufficient evidence or reaso...
Complainants and witnesses not to be required to accompany police-officer. No complainant or witness on his way to the Court of the Magistrate shall b...
(1) Every police-officer making an investigation under this Chapter shall day by day enter his proceedings in the investigation in a diary, setting fo...
<sup>[1]</sup> <sup>[2]</sup> (2) Where a superior officer of police has been appointed under section 158, the report shall, in any cases in which the...
(1) The officer in charge of a police-station or some other police-officer specially empowered by the <sup>[2]</sup> in that behalf, on receiving info...
(1) A police-officer proceeding under section 174 may, by order in writing summon two or more persons as aforesaid for the purpose of the said investi...
(1) When any person dies while in the custody of the police, the nearest Magistrate empowered to hold inquests shall, and, in any other case mentioned...
Chapter XV — Offences relating to Religion
Every offence shall ordinarily be inquired into and tried by a Court within the local limits of whose jurisdiction it was committed....
Notwithstanding anything contained in section 177, the <sup>[1]</sup> may direct that any cases or class of cases <sup>[2]</sup> : <sup>[3]</sup>...
Accused triable in, district where act is done or where consequence ensues. When a person is accused of the Commission of any offence by reason of any...
Place of trial where act is offence by reason of relation to other offence. When an act is an offence by reason of its relation to any other act which...
Being a thug or belonging to a gang of dacoits, escape from custody, etc. __ (1) The offence of being a thug, of being a thug and committing murder, o...
Place of inquiry or trial where scene of offence is uncertain or not in one district only or where offence is continuing or consists of several acts. ...
An offence committed whilst the offender is in the course of performing a journey or voyage may be inquired into or tried by a Court through or into t...
High Court to decide, in case of doubt, district where inquiry or trial shall take place.__ (1) Whenever a question arises as to which of two or more ...
Power to issue summons or warrant for offence committed beyond local jurisdiction. Magistrate’s procedure on arrest.__(1) When <sup>[2]</sup> , <sup>[...
(1) If the person has been arrested under a warrant issued under section 186 <sup>[5]</sup> to whom he is sub-ordinate, unless the Magistrate having j...
<sup>[1]</sup> When a <sup>[2]</sup> commits an offence at any place without and beyond the limits of <sup>[3]</sup> , or <sup>[4]</sup> when a servan...
Power to direct copies of depositions and exhibits to be received in evidence. Whenever any such offence as is referred to in section 188 is being inq...
<sup>[1]</sup> 2 1 [ [(2)] A Magistrate taking cognizance under sub-section (1) of an offence triable exclusively by a Court of Session shall, without...
When a Magistrate takes cognizance of an offence under sub-section (1), clause (c) of the preceding section, the accused shall, before any evidence is...
A Sessions Judge may empower any Judicial Magistrate, who has taken cognizance of any case, to transfer such case for trial to any other Judicial Magi...
(1) Except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of Session 5shall take cognizance of...
(1) The High Court may take cognizance of any offence <sup>[9]</sup> in manner hereinafter provided. <sup>[10]</sup> <sup>[11]</sup> 12 195. [(1) No C...
No Court shall take cognizance of any offence punishable under Chapter VI <sup>[3]</sup> of the Pakistan Penal Code (XLV of 1860) (except section 127)...
No Court shall take cognizance of the offence of criminal conspiracy punishable under section 120B of the Pakistan Penal Code, (XLV of 1860), (1) in a...
inquiry in certain cases. In the case of any offence in respect of which the provisions of section 196 or section 196A apply, <sup>[10]</sup> <sup>[14...
1[(1) When any person who is a Judge within the meaning of section 19 of the Pakistan Penal Code (XLV of 1860), or when any Magistrate, or when any pu...
Prosecution for breach of contract, defamation and offences against marriage. No Court shall take cognizance of an offence falling under Chapter XIX o...
Prosecution for defamation against public servants in respect of their conduct in the discharge of public functions.__ (1) Notwithstanding anything co...
Prosecution for adultery or enticing a married woman. <sup>[3]</sup> <sup>[1]</sup> <sup>[3]</sup>...
Objection by lawful guardian to complaint by person other than person aggrived. When in any case falling under section 198 or section 199, the person ...
(1) The authorisation of a husband given to another person to make a complaint on his behalf under the second proviso to section 198 or the second pro...
Chapter XVI — Offences affecting the Human Body
6[(1)] <sup>[7]</sup> , a Magistrate taking cognizance of an offence on complaint shall at once examine the complainant upon oath, and the substance o...
(1) If the complaint has been made in writing to a Magistrate who is not competent to take cognizance of the case, he shall return the complaint for p...
(1) Any Court, on receipt of a complaint of an offence of which it is authorised to take cognizance, or which has been sent to it under section 190, s...
The <sup>[1]</sup> before whom a complaint is made or to whom it has been transferred <sup>[2]</sup> may dismiss the complaint, if, <sup>[3]</sup> ; t...
(1) No court shall take cognizance of an offence under section 5 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), except ...
(1) Subject to sub-section (2) off section 6 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (VIII of 1979), no Court shall take cognizan...
(1) No court shall take cognizance of an offence under section 496A of the Pakistan Penal Code, except on a complaint lodged in a Court of competent j...
Chapter XVII — Offences against Property
(1) If in the opinion of a <sup>[2]</sup> taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be one in...
(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused, and permit him t...
Chapter XIX — Criminal Breach of Contracts
Every charge under this Code shall state the offence with which the accused is charged. (2) Specific name of offence sufficient description. If the la...
(1) The charge shall contain such particulars as to the time and place of the alleged offence, and the person (if any) against whom, or the thing (if ...
When the nature of the case is such that the particulars mentioned in sections 221 and 222 do not give the accused sufficient notice of the matter wit...
Words in charge taken in sense of law under which offence is punishable. In every charge words used in describing an offence shall be deemed to have b...
No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particula...
(1) Any Court may alter or add to any charge at any time before judgment is pronounced <sup>[3]</sup> . (2) Every such alteration or addition shall be...
If the charge framed or alteration or addition made under <sup>[4]</sup> section 227 is such that proceeding immediately with the trial is not likely,...
If the new or altered or added charge is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accu...
Stay of proceedings if prosecution of offence in altered charge require previous sanction. If the offence stated in the new or altered or added charge...
Re-call of witnesses when charge altered. Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor an...
(1) If any Appellate Court, or the High Court <sup>[5]</sup> in the exercise of its powers of revision or of its powers under Chapter XXVII, is <sup>[...
For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately, except in...
(1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such...
(1) If, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may b...
If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the...
When a person is charged with one offence, he can be convicted of another. __ (1) If, in the case mentioned in section 236, the accused is charged wit...
(1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes, a complete minor offe...
Withdrawal of remaining charges on conviction on one of several charges. When a charge containing more heads than one is framed against the same perso...
Chapter XX — Offences relating to Marriage
<sup>[2]</sup> . The following procedure shall be observed by Magistrates in the trial of <sup>[1]</sup> ....
(1) In all cases instituted upon police report, except those tried summarily or punishable with fine or imprisonment not exceeding six months, copies ...
When the accused appears or is brought before the Magistrate, a formal charge shall be framed relating to the offence of which he is accused and he sh...
If the accused admits that he has committed the offence <sup>[2]</sup> , his admission shall be recorded as nearly as possible in the words used by hi...
(1) <sup>[4]</sup> if the accused does not make such admission, the Magistrate shall proceed to hear the complainant (if any), and take all such evide...
Statement made under section 164. The statement of a witness duly recorded under section 164, if it was made in the presence of the accused and if he ...
(1) If the Magistrate upon taking the evidence referred to in section 244 and such further evidence (if any) as he may, of his own motion, cause to be...
Non-appearance of complainant. If the summons has been issued on complaint, and upon the day appointed for the appearance of the accused, or any day s...
If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient ground...
In any case instituted otherwise than upon complaint, <sup>[6]</sup> a Magistrate of the first class, or with the previous sanction of the <sup>[7]</s...
Nothing in this Chapter shall be deemed to prevent a Magistrate from acquitting an accused at any stage of the case if, after hearing the prosecutor a...
<sup>[2]</sup> (3) A complainant or informant who has been ordered under <sup>[6]</sup> by a Magistrate of the second or third class to pay compensati...
(1) Any Magistrate of the first class specially empowered in this behalf by the Provincial Government taking cognizance of any offence punishable only...
Chapter XXII — Criminal Intimidation
(1) Notwithstanding anything contained in this Code,__ 6 (a) [* * * * * * *] (b) any Magistrate of the first class specially empowered in this behalf ...
The <sup>[5]</sup> may <sup>[6]</sup> confer on any Bench of Magistrates invested with the powers of a Magistrate of the second or third class power t...
<sup>[5]</sup> (2) Limit of imprisonment. No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction ...
In cases where no appeal lies, the Magistrate or Bench of Magistrates need not record the evidence of the witnesses or frame a formal charge; but he o...
In every case tried summarily by a Magistrate or Bench in which an appeal lies, such Magistrate or Bench shall record the substance of the evidence an...
(1) Records made under section 263 and judgments recorded under section 264 shall be written by the presiding officer, either in English or in the lan...
In every trial before a Court of Session, initiated upon a police report, the prosecution shall be conducted by the Public Prosecutor....
The following procedure shall be observed by the High Courts and the Courts of Session in the trial of cases triable by the said Courts....
(1) In all cases instituted upon police report, copies of the following documents shall be supplied free of cost to the accused not later than seven d...
If, after persuing the police report or, as the case may be, the complaint, and all other documents and statements filed by the prosecution, the Court...
(1) The charge shall be read and explained to the accused, and he shall be asked whether he is guilty or has any defence to make. (2) If the accus...
(1) If the accused does not plead guilty or the Court in its discretion does not convict him on his plea, the Court shall proceed to hear the complain...
(1) In cases where the accused, or any one of several accused, does not adduce evidence in his defence, the Court shall, on the close of the prosecuti...
(1) If in any case under this Chapter in which a charge has been framed the Court finds the accused not guilty, it shall record an order of acquittal....
(1) In a case where, by reason of a previous conviction, the accused has been charged under section 221, sub-section (7), the Court, after finding the...
The statement of a witness duly recorded under section 164, if it was made in the presence of the accused and if he had notice of it and was given an ...
Nothing in this Chapter shall be deemed to prevent a Court from acquitting an accused at any stage of the case, if, after hearing the prosecutor and t...
At any stage of any trial before a High Court under this Code, before the sentence is passed, the Advocate-General may, if he thinks fit, inform the C...
For the exercise of its original criminal jurisdiction, every High Court shall hold sittings on such days and at such convenient intervals as the Chie...
(1) The High Court shall hold its sittings at the place at which it held them immediately before the commencement of the Law Reforms Ordinance, 1972, ...
Chapter XXIV —
<sup>[1]</sup> <sup>[1]</sup> <sup>[2]</sup> (3) Such person, <sup>[3]</sup> , shall be detained in custody until the termination of the trial <sup>[4...
At any time before the judgment is passed, the High Court or the Court of Session trying the case may, with the view of obtaining on the trial the evi...
(1) Where a pardon has been tendered under section 337 or section 3, and <sup>[9]</sup> any person who has accepted such tender has, either by wilfull...
(1) The Court trying under section 339 a person who has accepted a tender of pardon shall, before the evidence of the witnesses for the prosecution ...
Right of person against whom proceedings are instituted to be defended and his competency to be a witness.__ (1) Any person accused of an offence befo...
If the accused, though not insane, cannot be made to understand the proceedings, the Court may proceed with the <sup>[4]</sup> trial; and, in the case...
(1) For the purpose of enabling the accused to explain any circumstances appearing in the evidence against him, the Court may, at any stage of any inq...
Except as provided in sections 337 and 338, no influence, by means of any promise or threat or otherwise, shall be used to an accused person to induce...
(1) If, from the absence of a witness, or any other reasonable cause, it becomes necessary or advisable to postpone the commencement of, or adjourn an...
The Court shall, upon taking cognizance of a case under sections 354A, 376, 377 and 377B of the Pakistan Penal Code, 1860 (Act XLV of 1860), decide th...
(1) The offences punishable under the sections of the Pakistan Penal Code (XLV of 1860) <sup>[5]</sup> in the first two columns of the table next foll...
(1) If, in the course of an inquiry or trial before a Magistrate in any district, the evidence appears to him to warrant a presumption that the case i...
Procedure when after commencement of trial, Magistrate finds case should be tried by Court of Session or High Court.__ If in any trial before a Magist...
Trial of persons previously convicted of offences against coinage, stamp-law or property.__ 1[(1)] Whoever, having been convicted of an offence punish...
(1) Whenever a Magistrate of the second or third class, having jurisdiction, is of opinion, after hearing the evidence for the prosecution and the acc...
Conviction on evidence partly recorded by one presiding officer and partly by another.__ (1) Whenever any Sessions Judge or Magistrate, after having h...
No order or judgment of a Bench of Magistrates shall be invalid by reason only of a change having occurred in the constitution of the Bench in any cas...
(1) Any person attending a Criminal Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of inquiry into ...
Courts to be open. 5[(1)] The place in which any Criminal Court is held for the purpose of inquiring into or trying any offence shall be deemed an ope...
Chapter XXV —
Except as otherwise expressly provided, all evidence taken under <sup>[1]</sup> shall be taken in the presence of the accused, or, when his personal a...
In inquiries and trials (other than summary trials) under this Code by or before a Magistrate <sup>[2]</sup> or Sessions Judge, the evidence of the wi...
<sup>[3]</sup> .__(1)<sup>[4]</sup> by a Magistrate of the first or second class and in all proceedings under section 514 (if not in the course of a t...
(1) <sup>[5]</sup> , the evidence of each witness shall be taken down in writing in the language of the Court by the Magistrate or Sessions Judge, or ...
(1) The <sup>[2]</sup> may direct that in any district or part of a district, or in proceedings before any Court of Session, or before any Magistrate ...
Option to Magistrate in cases under section 355. In cases of the kind mentioned in Section 355, the Magistrate may, if he thinks fit, take down the ev...
(1) Evidence taken under section 356 or section 357 shall not ordinarily be taken down in the form of question and answer, but in the form of a narrat...
(1) As the evidence of each witness taken under section 356 or section 357 is completed, it shall be read over to him in the presence of the accused, ...
(1) Whenever any evidence is given in a language not understood by the accused, and he is present in person, it shall be interpreted to him in open Co...
When a Sessions Judge or Magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respectin...
(1) Whenever the accused is examined by any Magistrate, or by any Court other than a High Court <sup>[1]</sup> <sup>[2]</sup> ,<sup>[3]</sup> , the wh...
Every High Court <sup>[2]</sup> <sup>[3]</sup>...
Chapter XXVI —
(1) The judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced, or the substance of such judgment shall be explain...
(1) Every such judgment shall, except as otherwise expressly provided by this Code, be written by the presiding officer of the Court <sup>[8]</sup> in...
(1) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead. 5 (2) [* * ...
Court not to alter judgment. <sup>[6]</sup> , when it has signed its judgment, shall alter or review the same, except <sup>[8]</sup> to correct a cler...
<sup>[2]</sup> 4 (2) [* * * * * * *] (3) Case of person sentenced to death. When the accused is sentenced to death by a Sessions Judge, such Judge sha...
The original judgment shall be filed with the record of proceedings, and, where the original is recorded in a different language from that of the Cour...
Court of Session to send copy of finding and sentence to <sup>[5]</sup> . In cases tried by the Court of Session, the Court shall forward a copy of it...
Chapter XXVII —
When the Court of Session passes sentence of death, the proceedings shall be submitted to the High Court and the sentence shall not be executed unless...
Power to Direct further inquiry to be made or additional evidence to be taken.__ (1) If when such proceedings are submitted the High Court thinks that...
In any case submitted under section 374, <sup>[1]</sup> the High Court__ (a) may confirm the sentence, or pass any other sentence warranted by law, or...
In every case so submitted, the confirmation of the sentence, or any new sentence or order passed by the High Court, shall, when such Court consists o...
When any such case is heard before a Bench of Judges and such Judges are equally divided in opinion, the case, will their opinions thereon, shall be l...
In cases submitted by the Court of Session to the High Court for the confirmation of a sentence of death, the proper officer of the High Court shall, ...
Procedure in cases submitted by Magistrate not empowered to act under section...
Where proceedings are submitted to a Magistrate of the first class 3[***] as provided by section 562, such Magistrate may thereupon pass such sentence...
Chapter XXVIII —
Execution of order passed under section 376. When a sentence of death passed by a Court of Session is submitted to the High Court for confirmation, su...
If a woman sentenced to death is found to be pregnant, the High Court shall order the execution of the sentence to be postponed, and may, if it thinks...
Execution of sentences of <sup>[2]</sup> or imprisonment in other cases. Where the accused is sentenced to <sup>[2]</sup> or imprisonment in cases oth...
Every warrant for the execution of a sentence of imprisonment shall be directed to the officer in charge of the jail or other place in which the priso...
When the prisoner is to be confined in a jail, the warrant shall be lodged with the jailor....
(1) Whenever an offender has been sentenced to pay a fine, the Court passing the sentence may take action for the recovery of the fine in either or bo...
Effect of such warrant. <sup>[7]</sup> may be executed within the local limits of the jurisdiction of such Court, and it shall authorize the <sup>[8]<...
(1) When an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Co...
Every warrant for the execution of any sentence may be issued either by the Judge or Magistrate who passed the sentence, or by his successor in office...
When the accused is sentenced to whipping only, the sentence shall <sup>[1]</sup> be executed at such place and time as the Court may direct....
(1) When the accused__ <sup>[2]</sup> the whipping shall not be inflicted until fifteen days from the date of the sentence, or, if an appeal is made w...
(1) In the case of a person of or over sixteen years of age whipping shall be inflicted with a light rattan not less than half an inch in diameter, in...
No sentence of whipping shall be executed by instalments: and none of the following persons shall be punishable with whipping, namely :__ (a) females;...
(1) The punishment of whipping shall not be inflicted unless a medical officer, if present, certifies, or, if there is not a medical officer present, ...
(1) In any case in which, under section 394, a sentence of whipping is, wholly or partially, prevented from being executed, the offender shall be kept...
(1) When sentence is passed under this Code on an escaped convict, such sentence, if of death, fine or whipping, shall, subject to the provisions here...
When a person already undergoing a sentence of imprisonment, 2[* *] <sup>[4]</sup> , is sentenced to imprisonment, 2[* *] <sup>[4]</sup> , such impris...
as to sections 396 and 397.__(1) Nothing in section 396 or section 397 shall be held to excuse any person from any part of the punishment to which he ...
(1) When any person under the age of fifteen years is sentenced by any Criminal Court to imprisonment for any offence, the Court may direct that such ...
When a sentence has been fully executed, the officer executing it shall return the warrant to the Court from which it issued, with an endorsement unde...
Chapter XXIX —
(1) When any person has been sentenced to punishment for an offence, <sup>[3]</sup> the <sup>[1]</sup> may at any time without conditions or upon any ...
8[(1)] The <sup>[6]</sup> <sup>[7]</sup> may, without the consent of the person sentenced, commute any one of the following sentences for any other me...
The powers conferred by sections 401 and 402 upon the Provincial Government may, in the case of sentences of death, also be exercised by the <sup>[13]...
Certain restrictions on the exercise of powers by Provincial Government. Notwithstanding anything contained in section 401 or section 402, the Provinc...
Remission or commutation of certain sentences not to be without consent. Notwithstanding anything contained in section 401, section 402, section 402A ...
Notwithstanding anything contained in section 401, 402 or 402B, the Provincial Government shall not suspend, remit or commute any sentence passed unde...
Chapter XXX —
(1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such ...
Chapter XXXI —
No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force...
Appeal from order rejecting application for restoration of attached property. Any person whose application under section <sup>[89]</sup>...
Appeal from order requiring security for keeping the peace or for good behaviour.__ Any person who has been ordered by a Magistrate under section 118 ...
Any person aggrieved by an order refusing to accept or rejecting a surety under section 122 may appeal against such order to the Court of Session.] 1 ...
Appeal from sentence of Assistant Sessions Judge or <sup>[1]</sup> . Any person convicted on a trial held by an Assistant Sessions Judge, <sup>[1]</su...
Subject to the provisions of this section, an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additiona...
Any person convicted on a trial held by a Sessions Judge, or an Additional Sessions Judge, may appeal to the High Court. 411. [Appeal from sente...
(1) <sup>[8]</sup> any person convicted on a trial held by a High Court in the exercise of its original criminal jurisdiction may, notwithstanding any...
Notwithstanding anything hereinbefore contained where an accused person has pleaded guilty and has been convicted by <sup>[3]</sup> a Court of Session...
Notwithstanding anything hereinbefore contained, there shall be no appeal by a convicted person in cases in which <sup>[5]</sup> a Court of Session <s...
Notwithstanding anything hereinbefore contained, there shall be no appeal by a convicted person in any case tried summarily in which a Magistrate empo...
No appeal from certain summary convictions under the law relating to price control.__ Notwithstanding anything contained in this Code or any other law...
Proviso to sections 413 and 414. Any appeal may be brought against any sentence referred to in section 413 or section 414 <sup>[4]</sup> , but no sent...
Notwithstanding anything contained in this Chapter, when more persons than one are convicted in one trial, and an appealable judgment or order has bee...
Appeal on what matters admissible.- (1)] An appeal may lie on a matter of fact as well as a matter of law 3* * *. 4 (2) [* * *...
Every appeal shall be made in the form of a petition in writing presented by the appellant or his pleader, and every such petition shall (unless the C...
If the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the jail, who shal...
(1) On receiving the petition and copy under section 419 or section 420, the Appellate Court shall pursue the same, and, if it considers that there is...
If the Appellate Court does not dismiss the appeal summarily, it shall cause notice to be given to the appellant or his pleader, and to such officer a...
(1) The Appellate Court shall then send for the record of the case, if such record is not already in Court. After perusing such record, and hearing th...
The rules contained in Chapter XXVI as to the judgment of a Criminal Court of original jurisdiction shall apply, so far as may be practicable, to the ...
(1) Whenever a case is decided on appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which the findin...
(1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the se...
When an appeal is presented under <sup>[10]</sup> , the High Court may issue a warrant directing that the accused be arrested and brought before it or...
(1) In dealing with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons, an...
When the Judges composing the Court of Appeal are equally divided in opinion, the case, with their opinions thereon, shall be laid before another Judg...
Judgments and orders passed by an Appellate Court upon appeal shall be final, except in the cases provided for in section 417 and Chapter XXXII....
Every appeal under <sup>[2]</sup> shall finally abate on the death of the accused, and every other appeal under this Chapter (except an appeal from a ...
Chapter XXXII —
(1) The High Court or any Sessions 3 Judge [* * * * * * *] may call for and examine the record of any proceeding before any inferior Criminal Court si...
On examining any record under section 435 or otherwise__ (a) the High Court may direct the Sessions Judge to require an judicial Magistrate subordinat...
Power to order commitment]. Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. 1 438. [* * * * ...
(1) In the case of any proceeding the record of which has been called for by itself <sup>[6]</sup> or which otherwise comes to its knowledge, the High...
(1) In the case of any proceeding before a Magistrate the record of which has been called for by the Sessions Judge or which otherwise comes to his kn...
No party has any right to be heard either personally or by pleader before any Court when exercising its powers of revision: Provided that the Court ma...
High Court’s order to be certified to lower Court or Magistrate. When a case is revised under this Chapter by the High Court, it shall, in manner here...
Chapter XXXIV —
(1) When a Magistrate holding an inquiry or a trial has reason to believe that the accused is of unsound mind and consequently incapable of making his...
Procedure in case of person <sup>[3]</sup> Court of Session or High Court being lunatic.__ <sup>[4]</sup> (2) The trial of the fact of the unsoundness...
(1) Whenever an accused person is found to be of unsound mind and incapable of making his defence, the Magistrate or Court, as the case may be, <sup>[...
(1) Whenever an inquiry or a trial is postponed under section 464 or section 465, the Magistrate or Court, as the case may be, may at any time resume ...
(1) If, when the accused appears or is again brought before the Magistrate or the Court, as the case may be, the Magistrate or Court considers him cap...
When the accused appears to be of sound mind at the time of inquiry or trial, and the Magistrate or Court is satisfied from the evidence given before ...
Whenever any person is acquitted upon the ground that, at the time at which he is alleged to have committed an offence, he was, by reason of unsoundne...
(1) Whenever <sup>[4]</sup> states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been ...
Procedure where lunatic prisoner is reported capable of making his defence. If such person is <sup>[4]</sup> under the provisions of section 466, and ...
Procedure where lunatic detained under section 466 or 471 is declared fit to be released.__ (1) If such person is <sup>[6]</sup> under the provisions ...
(1) Whenever any relative or friend of any person detained under the provisions of section 466 or section 471 desires that he shall be delivered to hi...
Chapter XXXV —
(1) When any offence referred to in section 195, sub-section (1), clause (b) or clause (c), has been committed in, or in relation to, a proceeding in ...
(1) If the Court in any case considers that the person accused of any of the offences referred to in section 476, sub-section (1), and committed in, o...
(1) When any such offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Pakistan Penal Code (Act XLV of ...
(1) In every such case the Court shall record the facts constituting the offence, with the statement (if any) made by the offender, as well as the fin...
Procedure where Court considers that case should not be dealt with under section 480.__ (1) If the Court in any case considers that a person accused o...
When Registrar or Sub-Registrar to be deemed a Civil Court within sections 480 and 482. When the <sup>[1]</sup> so directs, any Registrar or any Sub-R...
When any Court has under section 480 <sup>[3]</sup> adjudged an offender to punishment <sup>[3]</sup> for refusing or omitting to do anything which he...
Imprisonment or committal of person refusing to answer or produce document. If any witness or person called to produce a document or thing before a Cr...
(1) Any person sentenced by any Court under section 480 or section 485 may, notwithstanding anything hereinbefore contained, appeal to the Court to wh...
Certain Judges and Magistrates not to try offences referred to in section 195 when committed before themselves.__ (1) Except as provided in sections <...
Chapter XXXVIII —
(1) The 4[* *] <sup>[5]</sup> may appoint, generally, or in any case, or for any specified class of cases, in any local area, one or more officers to ...
Public Prosecutor may plead in all Courts in cases under his charge Pleaders privately instructed to be under his direction. The Public Prosecutor may...
Any Public Prosecutor <sup>[1]</sup> may, with the consent of the Court, <sup>[2]</sup> before the judgment is pronounced, withdraw from the prosecuti...
(1) Any Magistrate inquiring into or trying any case may permit the prosecution to be conducted by any person other than an officer of police below th...
Chapter XXXIX —
When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police-stat...
(1) When any person accused of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appear...
The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case, and shall not be excessive ; and...
No bail to be granted to a person not in custody, in court or against whom no case is registered, etc. Nothing in section 497 or section 498 shall be ...
(1) Before any person is released on bail or released on his own bond, a bond for such sum of money as the police-officer or Court, as the case may be...
(1) As soon as the bond has been executed, the person for whose appearance it has been executed shall be released ; and, when he is in jail, the Court...
If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court may issue a wa...
(1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, ei...
Chapter XL —
(1) Whenever, in the course of an inquiry, a trial or any other proceeding under this Code, it appears to <sup>[1]</sup> , <sup>[2]</sup> a Court of S...
In every case in which a commission is issued under section 503 or section 506, the inquiry, trial or other proceeding may be adjourned for a specifie...
of this Chapter to commissions issued in Burma. The provisions of sub-section (3) of section 503,<sup>[2]</sup> and so much of sections 505 and 507 as...
Chapter XLI —
(1) The deposition of a Civil Surgeon or other medical witness, taken and attested by a Magistrate in the presence of the accused, or taken on commiss...
Any document purporting to be a report, under the hand of any Chemical Examiner or Assistant Chemical Examiner to Government or any Serologist, finger...
In any inquiry, trial or other proceeding under this Code, a previous conviction or acquittal may be proved, in addition to any other mode provided by...
(1) If it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him, the Court competent to try or <sup...
Chapter XLII —
When any person is required by any Court or officer to execute a bond, with or without sureties, such Court or officer may, except in the case of a bo...
(1) Whenever it is proved to the satisfaction of the Court by which a bond under this Code has been taken, or of the Court of a <sup>[6]</sup> Magistr...
Procedure in case of insolvency or death of surety or when a bond is forfeited. When any surety to a bond under this Code becomes insolvent or dies, o...
When the person required by any Court or officer to execute a bond is a minor, such Court or officer may accept, in lieu thereof, a bond executed by a...
All orders passed by any Magistrate under section 514 shall be appealable to the Sessions Judge or, if no appeal is preferred against any such order, ...
The High Court or Court of Session may direct any Magistrate to levy the amount due on a bond to appear and attend at such High Court or Court of Sess...
Chapter XLIII —
Order for custody and disposal of property pending trial in certain cases. When any property regarding which any offence appears to have been committe...
(1) When an inquiry or a trial in any Criminal Court is concluded, the Court may make such order as it thinks fit for the disposal <sup>[5]</sup> of a...
Order may take form of reference <sup>[1]</sup> . In lieu of itself passing an order under section 517, the Court may direct the property to be delive...
When any person is convicted of any offence which includes, or amounts to, theft or receiving stolen property, and it is proved that any other person ...
Stay of order under section 517,518 or 519. Any Court of appeal, confirmation, reference or revision may direct any order under section 517, section 5...
(1) On a conviction under the Pakistan Penal Code (XLV of 1860), section 292, section 293, section 501 or section 502, the Court may order the destruc...
(1) Whenever a person is convicted of an offence, <sup>[2]</sup> attended by criminal force <sup>[3]</sup> and it appears to the Court that by such <s...
(1) Whenever a person is convicted of an offence of criminal mis-appropriation of property or criminal breach of trust or cheating or forgery and it a...
Procedure by police upon seizure of property taken under section 51 or stolen. __ (1) The seizure by any police-officer of property taken under sectio...
(1) If no person within such period establishes his claim to such property, and if the person in whose possession such property was found, is unable t...
If the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, <sup>[5]</sup>...
Chapter XLIV —
(1) Whenever it is made to appear to the High Court:— (a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate t...
(1) The <sup>[4]</sup> may, by notification in <sup>[3]</sup> , direct the transfer of any particular <sup>[5]</sup>6[it] that such transfer will prom...
<sup>[8]</sup> <sup>[9]</sup> <sup>[1]</sup> 1 (2) [* * * * * * *] 1 (3) [* * * * * * *] <sup>[3]</sup> 4[(5)] A Magistrate making an order under [thi...
<sup>[7]</sup> 8 CHAPTER XLIVA.__ [SUPPLEMENTARY PROVISIONS RELATING TO EUROPEAN AND PAKISTAN BRITISH SUBJECTS AND OTHERS.]Omitted by the Criminal Law...
Chapter XLV —
If any Magistrate not empowered by law to do any of the following things, namely:__ (a) to issue a search warrant under section 98; (b) to order, unde...
If any Magistrate, not being empowered by law in this behalf, does any of the following things, namely:__ (a) attaches and sells property under...
No finding, sentence or order of any Criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceeding in the course ...
(1) If any Court, before which a confession or other statement of an accused person recorded or purporting to be recorded under section 164 or section...
(1) No finding or sentence pronounced or passed shall be deemed invalid merely on the ground that no charge was framed, unless, in the opinion of the ...
Finding or sentence when reversible by reason of error or omission in charge or other proceedings.__ Subject to the provisions hereinbefore contained,...
Attachment not illegal, person making same not trespasser for defect or want of form in proceedings. No <sup>[2]</sup> made under this Code shall be d...
Chapter XLVI —
Affidavits and affirmations to be used before any High Court or any officer of such Court may be sworn and affirmed before such Court <sup>[3]</sup> o...
(1) When any application is made to any Court in the course of any inquiry, trial or other proceeding under this Code, and allegations are made therei...
(1) Any Judge or Magistrate may at any stage of any inquiry, trial or other proceeding, after due notice to the parties, visit and inspect any place i...
Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attend...
Provision for inquiries and trial being held in the absence of accused in certain __ cases. (1) At any stage of an inquiry or trial under this Code, w...
(1) Unless when otherwise provided by any law for the time being in force, the <sup>[3]</sup> may direct in what place any person liable to be impriso...
When the services of an interpreter are required by any Criminal Court for the interpretation of any evidence or statement, he shall be bound to state...
Subject to any rules1 made by the <sup>[2]</sup> , <sup>[3]</sup> any Criminal Court may, if it thinks fit, order payment, on the part of Government, ...
<sup>[5]</sup> (2) The compensation payable under sub-section (1) shall be recoverable as <sup>[6]</sup> and the Court may further order that, in defa...
(1) Whenever under any law in force for the time being a Criminal Court imposes a fine or confirms in appeal, revision or otherwise a sentence of fine...
At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or recov...
Order of payment of certain fees paid by complainant in non-cognizable cases.__ (1) Whenever any complaint of a non-cognizable offence is made to a Co...
Any money (other than a fine) payable by virtue of any order made under this Code <sup>[3]</sup> , shall be recoverable as if it were a fine....
If any person affected by a Judgment or order passed by a Criminal Court desires to have a copy of <sup>[4]</sup> any order or deposition or other par...
Delivery to military authorities of persons liable to be tried by Court- martial.__(1) The <sup>[5]</sup> may make rules6 consistent with this Code an...
Any police-officer may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which creat...
Police-officers superior in rank to an officer in charge of a police-station may exercise the same powers, throughout the local area to which they are...
Upon complaint made to a <sup>[6]</sup> [Sessions Judge] on oath of the abduction or unlawful detention of a woman or of a female child under the age ...
Power of <sup>[9]</sup> (2) Powers of <sup>[12]</sup><sup>[1]</sup> <sup>[2]</sup> <sup>[4]</sup> <sup>[6]</sup> <sup>[7]</sup> <sup>[8]</sup> <sup>[1...
Forms. Subject to the powers conferred by section 2[554], and by <sup>[3]</sup> of the Constitution, the forms set forth in the fifth schedule, with s...
No Judge or Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try <sup>[4]</sup> any case to or in whi...
No pleader who practises in the Court of any Magistrate in <sup>[5]</sup> district, shall sit as a Magistrate in such Court or in any Court within the...
The <sup>[1]</sup> may determine what, for the purposes of this Code, shall be deemed to be the language of each Court within the territories administ...
A public servant having any duty to perform in connection with the sale of any property under this Code shall not purchase or bid for the property. 56...
of inherent power of High Court. Nothing in this Code shall be deemed to limit or affect the inherent power of the High Court to make such order as ma...
Provision in case of offender failing to observe conditions of his recognizance. __ (1) If the Court which convicted the offender, or a Court which co...
(1) The Court, before directing the release of an offender under section 562, <sup>[5]</sup> , shall be satisfied that the offender or his surety (if ...
(1) When any person having been convicted__ (a) by a Court in <sup>[2]</sup> of an offence punishable under section 215, section 489A, section 489B, s...
Chapter XV — Offences relating to Religion
Ditto .. Ditto .. Imprisonment Court of copy of Holy arrest f...
Ditto .. Ditto .. Ditto .. Death, or Court of remarks, etc., in imprisonment Session respect of the for life and which shall Holy Prophet. fine. be pr...