Updated: Saturday May 21, 2016/AsSabt
Sha'ban 14, 1437/Sanivara
Vaisakha 31, 1938, at 06:02:44 PM
The Law Reforms Ordinance, 1972
ORDINANCE NO. XII OF 1972
[14th April, 1972]
WHEREAS it is expedient,
for the purpose of giving effect to certain recommendations of the Law Reforms
Commission, 1967—70, to amend certain laws;
AND WHEREAS the national
interest of
NOW, THEREFORE, in
pursuance of the Proclamation of the 25th day of March, 1969, read with the
proclamation of the 20th day of December, 1971 and the Provisional Constitution
Order, and in exercise of all powers enabling him in that behalf, the President
is pleased to make and promulgate the following Ordinance:---
1. Short title and
commencement. —(1)
This Ordinance may be called the Law Reforms Ordinance, 1972.
(2) It shall come into
force at once, except the provisions of the Schedule relating to amendments in
the Code of Criminal Procedure, 1898 (Act V of 1898.), which shall come into
force in any Province with effect from such date 1*
* * as the Provincial Government thereof may, by 2Notification
in the official Gazette, specify in this behalf 3[and
different dates may be so specified 4[for
different provisions and] for different areas in a Province so that the
amendments in the Code are brought in force throughout the Province
progressively.]
2. Amendment of certain
laws. —(1) The Acts
and Ordinances specified in the Schedule are hereby amended to the extent and
in the manner specified in the fourth column thereof.
(2) Where this Ordinance
requires that in any specified law, or in any section of other portion thereof,
certain words shall be substituted for certain other words, or that certain
words shall be omitted, the substitution or omission, as the case may be,
shall, except where it is otherwise expressly provided, be made wherever the
words referred to occur in that law, or as the case may be, in that section or
portion.
1The words “not later than the first day
of January, 1973” omitted by the Law Reforms (Amdt.) Act, 1973 (19 of 1973), s.
2.
2 For Notification enforcing certain
provisions of the Ordinance in N.W.F.P., see Government of N.W.F.P., Home and
Tribal Affairs Department Notification No. S.Q. Judl. Misc. (HD)/75, dated the
26th December, 1975, N.W.F.P., Gazette, Ext., dated the 30th December, 1975,
page 484a;
For Notification enforcing certain
provisions of the Ordinance, in Punjab, see the Home Department Government of
For Notification enforcing certain
provisions of the Ordinance, in Sind, see the Law Department Government of
For Notification enforcing certain
provisions of the Ordinance, in Baluchistan,’ see the Law Department,
Government of
3 Certain words added by Act 19 of
1973, s. 2.
4 Ins. by the Law Reforms
[3. Appeal to High Court
in certain cases. —(1)
An appeal shall lie to a Bench of two or more Judges of a High Court from a
decree passed or final order made by a single Judge of that Court in the
exercise of its original civil jurisdiction.
(2) An appeal shall also
lie to a Bench of two or more Judges of a High Court from an order made by a
single Judge of that Court under 2[clause
(1) of Article 2[199]
of the Constitution of the Islamic Republic of Pakistan] not being an order
made under sub-paragraph (i) of paragraph (b) of that clause:---
Provided that the appeal
referred to in this sub-section shall not be available or competent if the
application brought before the High Court under Article 2[199]
arises out of any proceedings in which the law applicable provided for at least
one appeal 3[or
one revision or one review] to any court, tribunal or authority against the
original order.
(3) No appeal shall lie
under sub-section (1) or sub-section (2) from an interlocutory order or an
order which does not dispose of the entire case before the Court.
(4) Nothing contained in
this Ordinance shall be construed as affecting—
(a) any appeal under the provisions of the Letters Patent
applicable to a High Court or under section 102 of the Code of Civil Procedure,
1908 (V of 1908), which was pending immediately before the commencement of this
Ordinance; or
(b) any appeal or petition for leave to appeal from a decree,
judgment or order of a single Judge of a High Court made to the Supreme Court
before the commencement of the Law Reforms (Amendment) Ordinance, 1972.].
4[4. Computation of period of limitation. In computing the period of
limitation for filing an appeal under the provisions of section 3, the period
commencing the fourteenth of April, 1972, or the date of the decree or order against
which the appeal is to be filed, whichever shall be later, and the date of the
commencement of the Law Reforms (Amendment) Act, 1972, shall be excluded].
5[5. Saving. Notwithstanding anything contained
in this Ordinance,---
(a) the trial of a warrant case which was pending before a
Magistrate immediately before the twenty-first day of December, 1975, and in
which charge had been framed; or .
(b) any inquiry into a case triable by the
Court of Session or High Court in which charge was framed, or in which the
accused was committed for trial by the Court of Session or the High Court
before the twenty-first day of December, 1975; shall be proceeded with and
completed as-if the provisions of the Schedule to this Ordinance relating to
amendments in the Code of Criminal Procedure, 1898 (Act V of 1898.), had not
come into force:---
1 Subs, and shall be deemed always
to have been so subs, by the Law Reforms (Amdt.) Act, 1972 (8 of 1972), s. 2
{w.e.f. 14-4-72).
2 Subs, by the Law Reforms (Amdt.)
Act, 1975 (6 of 1975), s. 2.
3 Ins. ibid.,
4 Added by Act. 8 of 1972, s. 3.
5 Added by the Law Reforms (Amdt.)
Act, 1976 (21 of 1976), s. 2 and Sch.,
Provided that any such case decided by a
Magistrate, or any case in which the accused was committed for trial by the
Court of Session or the High Court and decided by it, on or after the said
twenty-first day of December, 1975; but before the commencement of the Law
Reforms (Amendment) Ordinance, 1976, by following the procedure provided in the
said Code as amended by this Ordinance, shall be deemed to have been validly
decided.]
THE SCHEDULE
[See section 2 (1)]
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1 |
2 |
3 |
4 |
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1* * * * * * * |
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1898 |
V |
The
Code of Criminal Procedure, 1898 |
1.
In section 4, in sub-section (1), clauses (e), (v) and (w) shall be omitted.
Procedure, 2.
For section 6, the following shall be substituted, namely :— “6. Classes
of Criminal Courts and Magistrates.—(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 Criminal Courts in Pakistan, namely :— I.
Courts of Session; , II.
Courts of Magistrates. (2)
There shall be the following classes of Magistrates, namely:— I.
Judicial Magistrates.— (1)
Magistrates of the first class. (2)
Magistrates of the Second class. |
1All the entries relating to the
amendments of the Acts and Ordinance 1898 have been omitted by the federal Laws
(Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch.,
(3) Magistrates of the
third class.
(4) Special Judicial
Magistrates.
II. Executive
Magistrates,---
(1) District Magistrates.
(2) Additional District Magistrates.
(3) Sub-divisional Magistrates.
(4) Special Executive Magistrates.
1[(5) Magistrate of the first class.
(6) Magistrate of the second class.
(7) Magistrates of the third class.]
2[2A. In section 10, in sub-section (3),
for the commas, figures, words and brackets”, 407, sub-section (2) and 528,
sub-sections (2) and (3)” the words, figures, comma and brackets “and 407,
sub-section (2)” shall be substituted.]
3. For section 10, the
following shall be substituted, namely:---
“10. District
Magistrates—(1) In
every district, the Provincial Government shall appoint a District Magistrate.
(2) The Provincial
Government may also appoint Additional District Magistrates to exercise
jurisdiction in one or more districts, and such Additional District Magistrates
shall have all or any of the powers of a District Magistrate under this Code or
under any other law for the time being in force, as the Provincial Government
may direct.
(4) In section 12, in
sub-section (1), the commas and words “, besides the District Magistrate,”, and
the words and comma “the Provincial Government or the District Magistrate,
subject to the control of the Provincial Government” shall be omitted.
(5) In section 13, for the
words “Magistrate of the first or second class” the words “Executive Magistrate”
shall be substituted.
(6) For section 14, the
following shall be substituted, namely :—
“14. Special
Judicial and Executive Magistrates.—(1)
The Provincial Government may, on the recommendation of the High Court, confer
upon any person all or any of the powers conferred or conferrable by or under
this Code on a Judicial Magistrate in respect to particular cases or to a
particular class or particular classes of cases, or in regard to cases
generally in any local area.
1New serial numbers and entries added by
the Legal Reforms Act. 1997 (23 of 1997) s. 3.
2Item 2A ins. by the Law Reforms (Amdt.)
Act, 1976 {21 of 1976). s. 2 and Sch..
2. Such Magistrates shall
be called Special Judicial Magistrates and shall be appointed for such term as
the Provincial Government may, in consultation with the High Court, by general
or special order, direct.
3. The Provincial
Government may also appoint Executive Magistrates for particular areas or for
performance of particular functions and confer upon them all or any of the
powers conferred or conferrable by or under this Code on an Executive
Magistrate.
4. Such Magistrates shall
be called Executive Magistrates and shall be appointed for such term as the
Provincial Government may, by general or special order, direct:---
Provided that no powers
shall be conferred under this sub-section on any Police Officer below the grade
of Assistant Superintendent and no power shall be conferred on a Police Officer
except so far as may be necessary for preserving the peace, preventing crime
and detecting, apprehending and detaining offenders in order to their being
brought before a Magistrate and for performance the Officer of any other duties
imposed upon him by any law for the time being in force.
5. The Provincial
Government may delegate, subject to such limitations as it thinks fit, to any
officer under its control the powers conferred by sub-section (3).”
7. In section 15, in
sub-section (1), for the word “Magistrates” the words “Judicial Magistrates”
shall be substituted.
8. In section 16, the words
and commas “or, subject to the control of the Provincial Government, the
District Magistrate may,” shall be omitted.
9. In section 17,---
(i) for sub-sections (1)
and (2) the following shall be substituted, namely:---
“Subordination of
Judicial Magistrates and Benches to Sessions Judge.—(1) All Judicial Magistrates appointed under sections 12 and 14,
and all Benches constituted under section 15, shall be subordinate to the
Sessions Judge, and he may, from time to time, make rules or give special
orders consistent with this Code and any rules framed by the Provincial
Government under section 16, as to the distribution of business among such Magistrates
and Benches.
Subordination of
Executive Magistrates to District Magistrate.-
(2) All Executive “Magistrates appointed under sections 1[12,
13] and 14 shall be subordinate to the District Magistrate and he may, from
lime to time, make rules or give special orders consistent with this Code and
any rules framed by the Provincial Government under section 16, as to the
distribution of business among such Magistrates.
1 Subs. by the Legal Reforms Act,
1997 (23 of 1997), s. 3 for figure “13”.
Subordination of
Executive Magistrates to Sub-divisional Magistrate.—(2A) Every Executive Magistrate (other than a Sub-divisional
Magistrate) in a Sub-division shall also be subordinate to the Sub-divisional
Magistrate, subject, however, to the general control of the District
Magistrate.”;
(ii) in sub-section (4), the words and commas “or, if
there be no Additional or Assistant Sessions Judge, by the District Magistrate,”
and the words “or Magistrate” shall be omitted; and
(iii) sub-section (5) shall be omitted.
10. For section 22, the
following shall be substituted, namely:---
“22. Appointment of
Justices of the Peace.—The
Provincial Government may, by notification in the official Gazette, appoint,
for such period as may be specified in the notification, and subject to such
rules as may be made by it, any person who is a citizen of Pakistan arid as to
whose integrity and suitability it is satisfied to be a Justice of the Peace
for a local area to be specified in the notification, and more than one Justice
of the Peace may be appointed for the same local area.
22A. Powers of
Justices of the Peace.—(I)
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 referred to in
section 54 and of an officer in charge of a police-station referred to in
section 55.
(2) A Justice of the Peace
making an arrest in exercise of any powers under sub-section (1) shall,
forthwith, take or cause to be taken the person arrested before the officer in
charge of the nearest police-station and furnish such officer with a report as
to the circumstances of the arrest and such officer shall thereupon re-arrest
the person.
(3) A Justice of the Peace
for any local area shall have powers, within such area, to call upon any member
of the police force on duty to aid him,---
(a) in taking or preventing the escape of any
person who has participated in the commission of any cognizable offence or
against whom a reasonable complaint has been made or credible information has
been received or a reasonable suspicion exists of his having so participated;
and
(b) in the prevention of crime in general and, in particular, in
the prevention of a breach of the peace or a disturbance of the public
tranquility.
(4) Where a member of the
police force on duty has been called upon to render aid under sub-section (3),
such call shall be deemed to have been made by a competent authority.
(5) A Justice of the Peace
for any local area may, in accordance with such rules as may be made by the
Provincial Government,---
(a) issue a certificate as to the identity of any person
residing within such area, or
(b) verify any document brought before him by any such person,
or
(c) attest any such document required by or under any law for
the time being in force to be attested by a Magistrate,
and until the contrary is
proved, any certificate so issued shall be presumed to be correct and any
document so verified shall be deemed to be duly verified, and any document so
attested shall be deemed to have been as fully attested as if he had been a Magistrate.
22B. Duties of
Justices of the peace.—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 information of the occurrence of any incident
involving a breach of the peace, or of the commission of any offence within
such local area, forthwith make inquiries into the matter and report in writing
the result of his inquiries to the nearest Magistrate and to the officer in
charge of the nearest police-station;
(b) if the offence referred to in clause (a) is a cognizable
offence, also prevent the removal of anything from, or the interference in any
way with, the place of occurrence of the offence;
(c) when so requested in writing by a police-officer making an
investigation under Chapter XIV in respect of any offence committed within
such local area,---
(i) render all assistance to the police-officer in making such
an investigation;
(ii) record any statement made under expectation of death”
by a person in respect of whom a crime is believed to have been committed.”
1[11. In section 28, in clause (c), for the
full stop at the end a colon shall be substituted, and thereafter the
following proviso shall be added, namely:---
Provided that the offences
falling under Chapters VIII, X, XIII and XIV of the Pakistan Penal Code (Act
XLV of 1860), except offences specified in section 153A and section 281 of the
said Code, shall be tried by the Executive Magistrates and the expression “Magistrate”
used in the said eighth column shall mean Executive Magistrate of the
respective class.]
1 Subs by the legal Reforms Act 1997
(23 of 1997) s. 3 for “item 11”.
[11 A. In section 29, in
sub-section (2), for the full stop at the end a colon shall be substituted and
thereafter the following proviso shall be added namely:---
Provided that the offences
punishable with imprisonment for a term not exceeding three years, with or
without any other punishment, shall be tried by the Executive Magistrates.]
12. For section 29-B the
following shall be substituted, namely:---
“29-B. Jurisdiction in
the case of juveniles.—Any
offence, other than one punishable with death or imprisonment for life,
committed by any person who at the date when he appears or is brought before a
Court is under the age of fifteen years, may be tried by any Judicial Magistrate
especially empowered by the Provincial Government to exercise the powers
conferred by section 8, sub-section (1), of the Reformatory Schools Act, laid,
or, in any area in which the said Act is not applicable, by any other law
providing for the custody, trial or punishment of youthful offenders, by any
Magistrate empowered by or under such law to exercise all or any of the powers
conferred thereby.”.
2[12-A In section 30, the words and comma “and
the District of Sylhet,1 shall be omitted.]
3[13. In section 30, for the words, figure
and comma “section 29, invest the District Magistrate or any” the words,
figures and comma “sections 28 and 29, invest any Judicial” shall be
substituted.]
4* * * * * * *
5[15. In section 32, in sub-section (1),---
(i) for the words “two
years” the words “three years”; for the words “one thousand” the words “five
thousand”; for the words “six months” the words “one year”; and for the words “two
hundred” the words “one thousand” shall respectively be substituted; and
6* * * * * * *
7* * * * * * *
1 New item 11A ins. ibid.
2 Item 12A ins. by the Law Reforms
(Amdt.) Act, 1976 (2! of 1976), s. 2 and Sch.,
3Subs. by the Legal Reforms’ Act, 1997
(23 of 199.7) s. 3 for “item 13”.
4 Item 14 omitted by the Criminal
Procedure (Amdt.) Act, 1974 (25 of 1974), s. 2 and Sch., (w.e.f. 24-4-74).
5 Subs. by Act 21 of 1976, s. 2 and
Sch., for item 15.
6 Sub-item (ii) of item. 15 and item
16 omitted by Act 23 of 1997, s. 3.
7Sub-item (i), of item 17 omitted by Act
25 of 1974, s. 2 and Sch., (24-4-74).
(ii) in sub-section (2), in clause (b) of the proviso, the
brackets, words and figure “(other than a Magistrate acting under section 34)”
shall be omitted.
18. In section 36, for the
words and commas “District Magistrates, Sub-Divisional Magistrates and the
Magistrates of the first, second and third classes,” the words “Judicial and
Executive Magistrates” shall be substituted.
19) For section 37 the
following shall be substituted, namely:---
“37. Additional
Powers conferrable on Magistrates.—In addition to his ordinary powers, any Magistrate may be
invested by the Provincial Government with any powers specified in the fourth
schedule:---
Provided that, in the case
of a Judicial Magistrate, such powers shall be conferred on the recommendation
of the High Court:---
Provided further that the
Provincial Government may authorise a District Magistrate to invest any
Magistrate subordinate to him with any of the powers specified in Part II of
the fourth schedule.”
20. In section 41, in
sub-section (1) for the full-stop at the end a colon shall be substituted and
thereafter the following proviso shall be added, namely:---
“Provided that, in the case
of a Judicial Magistrate, the withdrawal of such powers shall not be made
except on the recommendation of the High Court.”.
21. In section 42, after
the word “Magistrate”, the comma and words “, Justice of the Peace” shall be
inserted.
l[22. In section 44,---
(i) for sub-section (1) the following shall be substituted,
namely:---
(1) Every person aware of the commission
of, or of the intention of any other person to commit, any offence punishable
under any of the following sections of the Pakistan Penal Code, namely,
121,121A, 122,123, 123A, 124,124A, 125,126,130, 143, 144, 145,147,148,153A,
161,162,163,164,165,168,170,231,232, 255, 302, 303, 304, 304A, 364A, 382, 392,
393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449,450, 456, 457,
458,459,460 and 489A shall, in the absence of reasonable excuse the burden of
proving which shall lie upon the person so aware, forthwith give information to
the nearest Magistrate or police-officer of such commission or intention; and
(ii) In sub-section (1) substituted as aforesaid, after
the word “Magistrate” the comma and words “Justice of the Peace” shall be
inserted.]
23. In section 45, in
sub-section (1), after the word “Magistrate” occurring for the first time, the
words “or Justice of the Peace” shall be inserted.
1 Subs. by the Law (Reforms (Amdt.)
Act, 1976 (21 of 1976), s. 2 and Sch., for item 22.
* * * * * * *
25. In section 57, in
sub-section (2), after the word “Magistrate”, the words and comma “having
jurisdiction,” shall be inserted.
26. In section 68, in
sub-section (2), for the full-stop at the end a colon shall be substituted and
thereafter the following proviso shall be added, namely:---
“Provided that the Court
may, at the request of the complainant or the accused, allow him to serve the
summons on his own witnesses”.
27. In section 69, in
sub-section (2), the words and comma “if so required by the serving officer,”
shall be omitted.
28. In section 70, the
commas and words “, if so required by the serving officer,” shall be omitted.
29. In section 72, in
sub-section (1), for the words “Railway Company” the words “a statutory body or
a company” shall be substituted.
30. In section 74, in
sub-section (1), for the word “officer” the word “person” shall be substituted.
31. In section 86, in
sub-section (1), for the full-stop at the end a colon shall be substituted and
thereafter the following further proviso shall be added, namely:---
“Provided further that if
the offence is not bailable or not direction has been endorsed under section 76
on the warrant, the Sessions Judge of the Sessions division in which the person
is arrested may, subject to the provisions of section 497 and for sufficient
reasons, release the person on an interim bail on such bond or security as the
Sessions Judge thinks fit and direct the person to appear by a specified date
before the Court which issued the warrant and forward the bond to that Court”.
2[32. After section 86, the following new
section 86A shall be inserted, namely:---
“86A. Procedure for
removal in custody to Tribal Area.— 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 the local limits of whose jurisdiction the arrest was made,
and such Magistrate in directing the removal shall hear the case in the same
manner and have the same jurisdiction and powers, as nearly as may be,
including the power to order the production of evidence, as if the person
arrested were charged with an offence committed within the jurisdiction of such
Magistrate; and such Magistrate shall direct the removal of the arrested person
in custody if he is satisfied that the evidence produced before him raises a
strong or probable presumption that the person arrested committed the offence
mentioned in the warrant’.
1 Item 24 omitted by the Criminal
Procedure (Amdt.) Act, 1974 (25 of 1974), s. 2 and Sch., (w.e.f. 24-4-74).2 Subs.
by the Law Reforms (Amdt.) Act, 1976 (21 of 1976), s. 2 and Sch., for item 32.
* * * * * * *
33. In section 87, in
sub-section (1), for the words and brackets “has reasons to believe (whether
after taking evidence or not)” the words “is satisfied after taking evidence”
shall be substituted.
34. In section 88,---
(i) in sub-section (6) for
the words and figure “ Chapter XXXVI of the Code of Civil Procedure” the words
and figures “Order XL of the Code of Civil Procedure, 1908” shall be
substituted; and
(ii) in sub-section (6Q,
the words and comma “of the first or second class,” shall be omitted.
35. In section 90, the words
“other than a juror or assessor” shall be omitted.
2[36. In section 98,---
(i) in sub-section (1),---
(a) for the words and comma “ or coin, or instruments or
materials for counterfeiting coin or stamps” the commas and words”, bank notes,
currency notes or coin or instruments or materials for counterfeiting coin,
stamps, bank notes or currency notes” shall be substituted;
(b) the commas and words “, if a District Magistrate, or a
Sub-divisional Magistrate, upon information and after such inquiry as he thinks
necessary, has reason to believe that any place is used” shall be omitted;
(c) in clause (c), after the words “ stamps “,
the commas and words “, bank notes, currency notes” shall be inserted;
(d) in clause (d), after the word and comma “stamps,”, the words and
commas “bank notes, currency notes,” shall be inserted; and
(e) in clause (e), after the word and comma “stamps,”,
the words and commas “bank notes, currency notes,” shall be inserted and for
the words “or stamps” the commas and words “, stamps, bank notes or currency
notes” shall be substituted; and
(ii) in sub-section (2),
for the words, figures and comma “section 19 of the Sea Customs Act, 1878 “the
words, figures and comma “ section 16 of the Customs Act, 1969” shall be
substituted.]
1 Item 32A omitted by the Legal
Reforms Act, 1997 (23 of 1997), s. 3.
2 Subs, by Act 21 of 1976 for “item
36”.
37. In section 99A, for the
words, figure and commas “ Press and Registration of books Act, 1867,” the
words, figures and commasl*
* * West Pakistan Press and Publications Ordinance, 1963, or any other law
relating to press and publications for the time being in force,” shall be
substituted.
38. Section 99B shall be
re-numbered as sub-section (l) of that section and,---
(i) in sub-section (1), re-numbered as aforesaid, after the
words, figure, letter and comma “under section 99A,”, the words “or any other
law for the time being in force” shall be inserted; and.
(ii) after sub-section (1) re-numbered and amended as
aforesaid, the following new sub-section shall be added, namely:---
“(2) Nothing in sub-section
(1)shall apply to a case where the order of forfeiture has been made,---
(a) in respect of a newspaper, book or other document printed
outside
(b) in respect of a newspaper, book or other document on the
conviction, in respect of such newspaper, book or other document, of the author
or editor thereof for any of the offences referred to in sub-section (1) of
section 99A.”,
39. Section 99C shall be
omitted.
40. In section 99D,---
(i) in sub-section (1), for the words “Special Bench” the words “High
Court” shall be substituted; and
(ii) sub-section (2) shall be omitted.
41. In section 106,---
2* * * * * * *
(ii) in sub-section (3),
for the words and figures “including a Court hearing appeals under section 407
or by the High Court when” the words “or by a Court” shall be substituted.
42. In section 107, in
sub-section (1),---
(i) for the commas and words “, District Magistrate,
Sub-divisional Magistrate or Magistrate of the first class” the words “District
Magistrate or Sub-divisional Magistrate or an Executive Magistrate specially
empowered in this behalf by the Provincial Government or the District
Magistrate” shall be substituted; and
1 Certain words omitted by the Law
Reforms (Amdt.) Act, 1976 (21 of 1976), s. 2 and Sch.
2Sub-item (i) omitted by the Legal
Reforms Act, 1997 (23 of 1997), s. 3.
(ii) for the words “one year” the words “three years”
shall be substituted.
43. In section 108,---
(i) for the commas and words “, or a Magistrate of the first
class” the words “or Sub-divisional Magistrate or an Executive Magistrate”
shall be substituted; and
(ii) for the commas, words arid figure “, the rules laid
down m the Press and Registration of Books Act, 1867,” the commas, words and
figures “, the provisions of 1*
* * the West Pakistan Press and Publications Ordinance, 1963, or any other law
relating to press and publications for the time being in force” shall be
substituted.
44. In section 109,---
(i) for the commas and words “, District Magistrate,
Sub-divisional Magistrate or a Magistrate of the first class” the words “District
Magistrate or Sub-divisional Magistrate or an Executive Magistrate specially
empowered by the Provincial Government in this behalf” shall be substituted;
and
(ii) for the words “one year” the words “three years”
shall be substituted.
45. In section 110, for the
words “a Magistrate of the first class” the words “an Executive Magistrate”
shall be substituted.
46. In section 117, for
sub-section (2), the following shall be substituted, namely:---
“(2) Such inquiry shall be
made, as nearly as may be practicable, in the manner prescribed in Chapter XX
for conducting trials and recording evidence, except that no charge need be
framed.
47. In section 126, for the
comma and the words “, Sub-divisional Magistrate or Magistrate of the first
class” the words “or Sub; divisional Magistrate” shall be substituted.
48. In section 127, in
sub-section (1), for the word “Magistrate” the words “Executive Magistrate”
shall be substituted.
49. In section 128,---
(i) for the word “ Magistrate’’ the words’’ Executive Magistrate
“ shall be substituted; and
(ii) the words, comma and figure “or a volunteer enrolled
under the Indian Volunteers Act, 1869” shall be omitted.
50. In section 129, for the
word “Magistrate” the words “Executive Magistrate” shall be substituted.
51. In section 130, in
sub-section (1), the words, commas and figure “or of any volunteers enrolled
under the Indian Volunteers Act, 1869,” shall be omitted.
1 Omitted by the Law Reforms (Amdt.)
Act, 1976 (21 of 1976), s. 2 and Sch.,
52. In section 131,---
(i) for the words “no Magistrate” the words “no Executive Magistrate”
shall be substituted; and (ii) for the words “ a Magistrate” the
words “an Executive Magistrate” shall be substituted.
53. In section 132, in
clause (d), the words and comma “or volunteer,” shall be omitted.
54. In section 133,---
(i) in sub-section (1), for the words “a Magistrate of the first
class” the -words “an Executive Magistrate” shall be substituted; and
(ii) for the words “Magistrate of the first or second
class” the words “Executive Magistrate” shall be substituted.
55. In section 137, in
sub-section (1), for the words “as in a summons-case” the words “in the manner
provided in Chapter XX” shall be substituted.
56. In section 143, for the
words “any other Magistrate” the words “any other Executive Magistrate” shall
be substituted.
57. In section 144, words
and brackets “Magistrate (not Magistrate of the third class)” the words “Executive
Magistrate” shall be substituted.
58. In section 145, in
sub-section (1), for the comma and words “, Sub-divisional Magistrate or
Magistrate of the first class” the words “or Sub-divisional Magistrate or an
Executive Magistrate specially empowered by the Provincial Government in this
behalf” shall be substituted.
1[58A. In section 146, in sub-section (2),
for the words “Code of Civil Procedure” the words, comma and figure “Code of
Civil Procedure, 1908” shall be substituted.]
59. In section 147, in
sub-section (1), for the comma and words “, Sub-divisional Magistrate or
Magistrate of the first class” the words “or Sub-divisional Magistrate or an
Executive Magistrate specially empowered by the Provincial Government in this
behalf” shall be substituted.
60. In section 155,---
2* * * * * * *
(ii) in sub-section (2), for the words and comma “or
commit the same for trial, or of a Presidency Magistrate” the words “or send
the same for trial to the Court of Session” shall be substituted.
61. In section 156, after
sub-section (3), the following new sub-section shall be added, namely:---
“(4) Notwithstanding
anything contained in sub-section (1), (2) or (3), no police-officer shall
investigate ah offence under section 497 or section 498 of the Pakistan Penal
Code, except
1 Item 58-A ins. by the Law Reforms
(Amdt.) Act, 1976 (21 of 1976), s. 2 and Sch.
2Sub-item (i) omitted by the legal
reforms act, 1997 (23 of 1997) s.3.
upon a complaint made by the husband of
the woman, or, in his absence, by some person who had the care of such woman on
his behalf at the time when such offence was committed.”.
62. In section 164, after
sub-section (1), the following new sub-section shall be added, namely:---
“(1-A) Any such statement
may be recorded by such Magistrate in the presence of the accused, and the
accused given an opportunity of cross-examining the witness making the
statement.”
63. In section 167,---
1* * * * * * *
2[(iA) in sub-section (1), the following
explanation shall be added at the end, namely:---
“Explanation.-—For
the purpose of this section, in the cases triable by the Executive Magistrates,
the expression “nearest Magistrate” means the Executive Magistrate and in all
other cases the Judicial Magistrates.]
(ii) in sub-section (2), for the word “commit” the word “
send” shall be substituted; and
(iii) for sub-section (4), the following shall be
substituted, namely:---
“(4) The Magistrate giving
such order shall forward a copy of his reasons for making it, to the Sessions
Judge.”
64. In section 169, for the
word ‘commit” the word “send” shall be substituted.
65. In section 170,---
(i) in sub-section (1), for the word “commit” the word send”
shall be substituted; and
(ii) sub-section (3) shall be omitted.
66. In section 174, in
sub-section (5), for the words and comma “ Magistrate of the first class, and
any Magistrate” the words “any other Executive Magistrate” shall be
substituted.
67. In section 178,---
(i) for the words “ committed for trial in any district may be
tried in any sessions division” the words “in any district sent for trial to a
Court of Session may be tried in any sessions division “ shall be substituted;
and
(ii) for the proviso the following shall be substituted,
namely:---
“Provided that such direction
is not repugnant to any direction previously issued by the High Court under
section 526 of this Code or any other law for the time being in force.
3* * * * * * *
69. In section 187, in
sub-section (1), for the words and comma “by a Magistrate other than a District
Magistrate, such Magistrate shall send the person arrested to the District or
Sub-divisional Magistrate” the comma and words “, the Magistrate Issuing the
Warrant shall send the arrested person to the Sessions Judge” shall be
substituted.
1 Sub-item (i) omitted by the Legal
Reforms Act, 1997 (23 of 1997), s. 3.
2 New sub-item (iA) ins, ibid.,
3item 68 omitted ibid.,
70. In section 190,---
1* * * * * * *
2[(ii) for sub-section (2) the following shall be
substituted, namely:---
“(2) The Provincial
Government may empower any Magistrate to take cognizance under sub-section (1),
clause (a) or clause (b) of offences for which he may try or send to the Court
of Session for trial:
Provided that in the case
of a Judicial Magistrate the Provincial * Government shall exercise this power
on the recommendation of the High Court.]
(ii A) in sub-section (2), for the words “commit for trial”
the words “send, to the Court of Session for trial” shall be substituted; and
(iii) for sub-section (3), the following shall be
substituted, namely:---
“(3) A Magistrate taking
cognizance under sub-section (1) of an offence triable exclusively by a Court
of Session shall, without recording any evidence, send the case to the Court of
Session for trial].”
3[70A. In section 191, for the word “committed”
the word “sent” shall be substituted.]
71. For section 191 the
following shall be substituted, namely:---
“191. Transfer on
application of the accused.—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 taken, be informed that he is entitled to have the case tried
by another Courts and, if the accused, or any of the accused if there be more
than one, objects to being tried by such magistrate, the case shall, instead of
being tried by such Magistrate, be sent 4[“in
the case of Judicial Magistrate, to the Sessions Judge, and in the case of
Executive Magistrate, to the District Magistrate” shall be substituted] for
transfer to another Magistrate.”.
5[71A. In section 192, in sub-section (2),
for the words “commit him” the words “send him to the Court of Session” shall
be substituted.]
6[72. In section 192,---
(i) in sub-section (1), for the full stop at the end a colon
shall be substituted, and thereafter the following proviso shall be added,
namely:---
“Provided that if the
offence is triable by a Judicial Magistrate the case shall be sent to the Court
of Session for transfer to such Magistrate.”;
(ii) for sub-section (2) the following shall be
substituted, namely:---
(2) Any District Magistrate
may empower any Executive Magistrate subordinate to him, who has taken
cognizance of any case, to transfer such case for inquiry or trial to any other
Executive Magistrate in his district who is competent under this Code to try
the accused; and such Magistrate may dispose of the case accordingly;” ; and
1Sub-item (i) omitted by theLegal Reforms
Act, 1997 (23 of 1997) s.3.
2Subs. ibid., for sub-item (ii) which was
previously subs. by Act 21 of 1976, s.2 and sch.,
3item 70A ins. by the Law Reforms 9amdt.)
Act, 1976 (21 of 1973) s.2 and sch.,
4 Sub-item (i) omitted by the Legal
Reforms Act, 1997 (23 of 1997), s. 3.
5 Subs. ibid., for sub-item (ii)
which was previously subs. by Act 21 of 1976, s. 2 and Sch.,
6Item 70A ins. by the Law Reforms (Amdt.)
Act 1976 (21 of 1976), s. 2 and sch.,
(iii) after sub-section (2), substituted as aforesaid, the
following section (3) shall be added, namely:---
“(3) 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 Magistrate in his district,
and such Magistrate may dispose of the case accordingly.]
73. In section 193, in
sub-section (1), for the words “unless the accused has been committed to it by
a Magistrate duly empowered in that behalf”, the words, figures and brackets “unless
the case has been sent to it under section 190, sub-section (3)” shall be
substituted.
74. In section .194, the
words “upon a commitment made to it” shall be omitted.
75. In section 195, in
sub-section (2), for the words, comma and figure “Indian Registration Act, 1877”,
the words, comma and figure “ Registration Act,
1908” shall be substituted.
1* * * * * * *
77. In section 199, for the
words, figures and commas beginning with the words “No Court” and ending with
the words “was committed” the following shall be substituted, namely:---
“No Court shall take
cognizance of an offence under section 497 #r section 498 of the Pakistan Penal
Code, except,---
(a) upon a report in writing made by a police-officer on the
complaint of the husband of the woman, or in his absence, by some person who
had care of such woman on his behalf at the time when such offence was
committed: or
(b) upon a complaint made by the husband of the woman or, in his
absence, made with the leave of the Court by some person who had care of such
woman on his behalf at the time when such offence was committed.”.
2[78. In section 200, in clause (a) of the”
proviso, after the word and figure “section 192.” the comma and words, ‘or
sending it to the Court of Session’ shall be added.].
3[79. For section 202 the following shall
be substituted, namely:---
‘202. Postponement of
issue of Process.—(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, sub-section
(3), or transferred to it under section 191 or section 192, may, if it thinks
fit, for reasons to be recorded, postpone the issue of process for compelling
the attendance of the person complained against, and either inquire into the
case itself or direct an inquiry or investigation to be made by a police
officer, or by such other person as it thinks fit, for the purpose of
ascertaining the truth or falsehood of the complaint:---
Provided that, save where
the complaint has been made by a Court, no such direction shall be made unless
the complainant has been examined on oath under the provisions of section 200.
(2) A Court of Session may,
instead of directing an investigation under the provisions of sub-section (1),
direct the investigation to be made by any Magistrate subordinate to it for the
purpose of ascertaining the truth or falsehood of the complaint.
(3) If any inquiry or
investigation under this section is made by a person not being a Magistrate, or
a police-officer, such person shall exercise all the powers conferred by this
Code
1 Item 76 omitted by the Criminal
Procedure (Amdt.) Act, 1974 (25 of 1974), s. 2 and Sch., (w.e.f. 24-4-74).
2Subs. by the Law Reforms (Amdt.) Act,
1976 (21 of 1976), s- 2 and Sch., for “Item 78”.
3 Subs, ibid., for “Item 79”.
on an officer-in-charge of a
police-station, except that he shall not have power to arrest without warrant.
(4) Any Court inquiring
into a case under this section may, if it thinks fit, take evidence of
witnesses on oath,
79A. In section 202
substituted as aforesaid,---
(i) in sub-section (1), after the words ‘made by’, the words and
comma . ‘any Justice of the Peace, or by’ shall be inserted; and
(ii) in sub-section (3), after the words and comma “Magistrate,”,
the words “or justice of the Peace” shall be inserted.
79B. In section 203,---
(i) for the word “Magistrate” the word “Court” shall be substituted;
and
(ii) after the word “ transferred “, the words “ of sent”
shall be inserted.]
80. In Chapter XVII, in the
heading, for the word “MAGISTRATES” the word “COURTS” shall be substituted.
81. In section 204,---
(i) in sub-section (1), for the word “Magistrate” the word “Court”
for the word “he” the word “it” and for the word “himself” the word “itself
shall respectively be substituted ; and
(ii) in sub-section (3), for the word “Magistrate” the word “Court”
shall be substituted.
82. Chapter XVIII shall be
omitted.
83. In section 225, in
Illustration (d), for the words “inquiry before the Magistrate” the word “trial”
shall be substituted.
84. Section 226 shall be
omitted.
85. In section 227, in
sub-section (1), the commas and words “, or, in the case of trials before the
Court of Session or High Court, before the verdict of the jury is returned or
the opinions of the assessors are expressed” shall be omitted.
1[85A. In section. 228 the words and figure
“section 226 or” shall be omitted.
85B. In section 232, in
sub-section (1), after the words “High Court”, the comma and words “, or the
Court of Session” shall be inserted.].
86. In Chapter XX, in the
heading, for the word “Summons-Cases” the word “Cases” shall be substituted.
87. In section 241, for the
word “summons-cases” the word “cases” shall be substituted.
88. After section 241, the
following new section 241-A shall be inserted, namely:---
“241-A. Supply of
statements and documents to the accused.—(1) In all cases instituted upon police report, except
those tried summarily or punishable with fine or imprisonment not
1 Items 85A and 85B ins. by the Law
Reforms (Amdt) Act. 1976 (21 of 1976). s. 2 and Sch.,
exceeding six months, copies of statements
of all witnesses recorded under sections 161 and 164 and of the inspection note
recorded by an investigation officer on his first visit to the place of
occurrence, shall be supplied free of cost to the accused not less than seven
days before the commencement of the trial:---
Provided that, if any part
of a statement recorded under section 161 is such that its disclosure to the
accused would be inexpedient in the public interest, such part of the statement
shall be excluded from the copy of the statement furnished to the accused.
(2) In all cases instituted
upon a complaint in writing, the complainant shall,---
(a) state in the petition of compliant the substance of- the
accusation, the names of his witnesses and the gist of the evidence which he is
likely to adduce at the trial; and
(b) within three days of the order of the Court under section
204 for issue of process to the accused, file in the Court for supply to the
accused, as many copies of the complaint and any other document which he has
filed with his complaint as the number of the accused:---
Provided that the
provisions of this sub-section shall not apply in any case in which the
complaint has been made by a Court or by a public servant acting or purporting
to act in the discharge of his official duties.”
89. For section 242 the following shall
be substituted namely:---
“242. Charge to be
framed.—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 shall be asked whether he admits that he has committed the
offence with which he is charged.”.
90. In section 243, for the words “of which he
is accused” the words “with which he is charged” shall be substituted.
91. In section 244,---
(i) for sub-section (2) the following shall be substituted,
namely:---
“(2) The Magistrate may, if
he thinks fit, on the application of the complainant or accused, issue a
summons to any witness directing him to attend or to produce any document or
other thing”; and
(ii) in sub-section (3), for the full-stop at the end a
colon shall be substituted and thereafter the following proviso shall be added,
namely:---
“Provided that it shall not
be necessary for the accused to deposit any such expenses in Court in cases
where he is charged with an offence punishable with imprisonment exceeding six
months.
92. After section 244, the following new section
shall be inserted, namely:---
“244-A. 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 had notice
of it and was given an opportunity of cross-examining the witness, may, in the
discretion of the Court, if such witness is produced and examined, be treated
as evidence in the case for all purposes subject to the provisions of the
Evidence Act, 1872.”.
93. In section 245, in sub-section (2), the
words and figures “or section 562” shall be omitted.
94. After section 245, the following new
section 245-A shall be inserted, namely:---
“245-A. Procedure
in case of previous conviction.- in a case where a previous Conviction is
charged under the provisions of section 221, subsection (7) and the accused
does not admit that he has been previously convicted as alleged in the charge,
the Magistrate may, after he has convicted the accused under section 243, or
under section 245, sub-section (2), take evidence in respect of the alleged
previous conviction, and, if he does so shall record a finding thereon.”.
95. Section 246 shall be omitted.
1[95A. In Section 247, in the
proviso, for the full stop at the end a colon shall be substituted and
thereafter the following further proviso shall be added, namely:---
‘Provided further that
nothing in this section shall apply where the official the accused is charged
is either cognizable or non-compounable.’.]
2[96. In section 249, for the
words “District Magistrate” the words “Sessions Judge in the case of Judicial
Magistrate and District Magistrate in the case of Executive Magistrate” shall
be substituted.]
97. In the heading above section 250, for the
words “Summons and Warrant Cases 99 the words “Cases tried by Magistrate 99
shall be substituted
98. In section 250,---
(i) in sub-section (I), the words “discharges or” and the words “discharge
or” shall be omitted;
(ii) in sub-section (2), for the words “one
hundred rupees” the words “five hundred rupees9’ shall be substituted;. and
(iii) in sub-section (2 A), for the words “thirty
days” the words three months” shall be substituted.
99. Chapter XXI shall be omitted.
100. In section 260, in sub-section
(1),---
(i) the brackets, letter, words and comma “(a)
the District Magistrate,” shall be omitted;
(ii) in clauses (d), (e), (f) and (g), for the
words “fifty rupees” the words 3[two
thousand and five hundred rupees] shall be substituted; and
(iii) the proviso shall be omitted.
101. In section 261, after the words “Provincial
Government may” the commas and words “on the recommendation of the High Court,”
shall be inserted.
1Item 95 ins. by the Law Reforms (Amdt,)
Act, 1976 (21 of 1976), a. 2 and Sch.
2Item 96 subs, by the Legal Reforms Act,
1997 (23 of 1997)s. 3.
3Subs. by Act 21 of 1976, s. 2 and sch.,
for ‘‘two hundred and fifty rupees
102. In section 262, for sub-section (1) the
following shall be substituted, namely:---
“(1) In trials under this
Chapter, the procedure prescribed in Chapter XX shall be followed, except as
hereinafter mentioned.”.
1[103. For section 264 the
following shall be substituted, namely:---
‘264. Record
in appealable cases.—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 and also the particulars mentioned in section 263 and shall,
before passing any sentence, record a judgment in the case’.]
104. After Chapter XXII, the following
new Chapter XXIIA shall be inserted, namely:---
[CHAPTER XXIIA
Trials before High Courts and Courts of Session
265A. Trial before Court of Session to
be conducted by Public Prosecutor.—In every trial before a Court of Session
initiated upon a police report, the prosecution shall be conducted by Public
Prosecutor.
265B. Procedure in cases triable by
High Courts and Courts of Session.- 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.
265C. Supply of statements and documents
in the accused.-(1) In
all cases instituted upon province report, copies of statements of all
witnesses recorded under sections 1 brand 164 or the inspection note recorded
by an investigation officer on his first visit to the place of occurrence,
shall be supplied free of cost to the accused not later than seven days before
the commencement of the trial:
Provided that if any part
of a statement recorded under section 161 is such that its disclosure to the
accused would be inexpedient in the public interest, such part of the statement
shall be excluded from the copy of the statement furnished to the accused.
(2) In all cases instituted
upon a complaint in writing, the complainant
shall,---
(a) state in the petition of complaint the
substance of the accusation, the names of his witnesses and the gist of the
evidence which he is likely to adduce at trial; and
(b) within three days of the order of the Court under section 204
for issue of process to the accused, file in the Court for supply to the
Accused, as many copies of the complaint and any other document which he has
filed with his complaint, as the number of the accused:---
Provided that the provisions of this
sub-section shall not apply in any case in which the complaint has been made by
a Court or by a public servant acting or purporting to act in the discharge of
his official duties.
265D. Evidence for Prosecution.-(1) When the accused appears or is
brought before the Court, such Court shall proceed to hear the complainant (If
any) and take all such evidence as may be produced in support of the
prosecution:---
1Ins by the Law Reform (Amdt.) Act, 1976
(21 of 1976), s. 2 and Sch.. for “item 103”.
Provided that the Court
shall not be bound to hear any person as complainant in any case in which the
complaint has been made by a Court.
(2) The Court shall
ascertain from the complainant or otherwise the names of any persons likely to
be acquainted with the facts of the case and to be able to give evidence for
the prosecution, and shall summon to give evidence before itself such of them
as it thinks necessary.
265E. Discharge of accused.—(1) If, upon taking all the evidence
referred to in section 265D, and making such examination (if any) of the
accused as the Court thinks necessary, it finds that no case against the
accused has been made out which, if unrebutted, would warrant his conviction,
the Court shall discharge him.
(2) Nothing in this section
shall be deemed to prevent a Court from discharging the accused at any previous
stage of the case if, for reasons to be recorded by such Court, it considers
the charge to be groundless.
265F. Charge to be framed when offence
appears proved.—If, when such evidence and examination have been taken and
made, or at any previous stage of the case, the Court is of opinion that there
is ground for presuming that the accused has committed an offence, it shall
frame in writing a charge against the accused.
265G. Plea.—(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.
265H. Procedure in case of previous
conviction.—In a case where a previous conviction is charged under the
provisions of section 221, sub-section (7), and the accused does not admit that
he has been previously convicted as alleged in the charge, the Court may, after
it has convicted the said accused under section 265 G, sub-section (2), or
section 265M, take evidence in respect of the alleged previous conviction, and shall
record a finding thereon.
265I. Recall of Prosecution witnesses
for cross-examination and re-examination.—If the accused refuses to plead,
or does not plead, or claims to be tried, he shall be required to state, at the
commencement of the next hearing of the case or, if the Court for reasons to be
recorded in writing so thinks fit, forthwith, whether he wishes to
cross-examine any and, if so, which, of the witnesses for the prosecution whose
evidence has been taken. If he says he does so wish, the witnesses named by him
shall be recalled and, after cross-examination and re-examination (if any),
they*shall be discharged. The evidence of any remaining witnesses for the
prosecution shall next be taken and, after cross-examination and reexamination
(if any), they also shall be discharged.
265J. Statement made under section 164
admissible.—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 opportunity of cross-examining the witness, may, in the discretion of
the Court, if such witness is produced and examined, be treated as evidence in
the case for all purposes subject to the provisions of the Evidence Act, 1872.
265 K. Procedure after examination of
witnesses for prosecution.—(1) When the examination of the witnesses for
the prosecution and the examination (if any) of the accused are concluded, the
accused shall be asked whether he means to adduce evidence.
(2) If he says that he does
not, the prosecutor may sun up his case; and, if the Court considers that there
is no evidence that the accused committed the offence, it may then record a
finding of not guilty.
(3) If the accused, or any
one of several accused, says that he means to adduce evidence, and the Court considers
that there is no evidence that the accused committed the offence, the Court may
then record a finding of not guilty.
(4) If the accused or any
of several accused, says that he means to adduce evidence, and the Court
considers that there is evidence that he committed the offence, or if, on his
saying that he does not mean to adduce evidence, the prosecutor sums up his
case and the Court considers that there is evidence that the accused committed
the offence, the Court shall call on the accused to enter on his defence and
produce his evidence.
(5) If the accused puts in
any written statement, the Court shall file it with the record.
265L. Procedure for compelling
production of evidence at instance of accused.—If the accused, after he has
entered upon his defence, applies to the Court to issue any process for
compelling the attendance of any witness for the purpose of examination or
cross-examination, or the production of any document or other thing, the Court
shall issue such process unless it consider, that it is for the purpose of
vexation or delay or for defeating the ends of justice. Such ground shall be
recorded by it in writing:
Provided that, when the
accused has cross-examined or had the opportunity of cross-examining any
witness after the charge is framed, the attendance of such witness shall not be
compelled under this section, unless the Court is satisfied that it is
necessary for the purposes of justice.
265M. Acquittal.—(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.
Conviction.—(2) If in any case under this Chapter the
Court finds the accused guilty, it shall pass sentence upon him according to
law.
265N. Power of Advocate-General to stay
Prosecution.—At any stage of any trial before a High Court under this Code,
before the delivery of the judgment, the Advocate-General may, if he thinks
fit, inform the Court on behalf of Government that he will not further
prosecute the defendant upon the charge; and thereupon all proceedings on such
charge against the defendant shall be stayed, and he shall be discharged of and
from the same. But such discharge shall not amount to an acquittal unless the
presiding Judge otherwise directs.
265O. Time of holding sittings.—
For the exercise of its original criminal jurisdiction, every High Court shall
hold sittings on such days and at such convenient intervals as the Chief
Justice of such Court from time to time appoints.
265P. Place of holding sitting-(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, or at such other place (if any) as the
Provincial Government may direct.
(2) But the High Court may,
from time to time with the consent of the Provincial Government, hold sittings
at such other places within the local limits of its appellate jurisdiction as
the High Court appoints.
(3) Such officer as the
Chief Justice directs shall give prior notice in the official Gazette of all
sittings intended to be held for the exercise of the original, criminal
jurisdiction of the High Court.”
105. Chapter XXIII shall be omitted.
107. For section 338 the following shall
be substituted, namely:---
338. Power to grant or tender Pardon–
At any before the judgment is passed the High court or the court of session
trying the cause may, with the view of obtaining on the trial the evidence of
any person supposed to have been directly or indirectly concerned in, or privy
to, any such offence, tender, or order the District Magistrate to tender, a
pardon on the same condition to such person.”.
108. For section 339A the following shall
be substituted, namely:---
“339A. Procedure
in trial of person under section 339.—(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 is taken, ask the accused whether he pleads
that he has complied with the conditions on which the tender of the pardon was
made.
(2) If the accused does so
plead, the Court shall record the plea and proceed with the trial, and shall,
before judgement is passed in the case, find whether or not the accused has
complied with the conditions of the pardon, and, if it is found that he has so
complied, the Court shall, notwithstanding anything contained in this Code,
pass judgement of acquittal.”.
109. In section 340, for sub-section (2)
the following shall be substituted, namely:---
“(2) Any person accused of
an offence before a Criminal Court or against whom proceedings are instituted
under this Code in any such Court shall be a competent witness for the defence
and may give evidence on oath in disproof of the charges or allegations made
against him or any person charged or tried together with him at the same trial:---
Provided that,---
(a) he shall not be called as a witness except on his own
request,
1Item 106 omitted by the Legal Reforms
Act, .1997 (23 of 1997) s.3
(b) his failure to give evidence shall not be made comment by
the prosecution or give rise to any presumption against him or any person
charged or tried together with him at the same trial, and
(c) he shall not be asked, and, if asked, shall not be required
to answer, any question tending to show that he has committed or been convicted
of any offence other than the offence with which he is charged or for which he
is being tried, or is of bad character, unless,---
(i) the proof that he has committed or been convicted of such
offence is admissible in evidence to show that he is guilty of the offence with
which he is charged or for which he is being tried, or
(ii) he has personally or by his pleader asked
questions of any witness for the prosecution with a view to establishing his
own good character, or has given evidence of his good character, or
(iii) he has given evidence against any other person
charged with or tried for the same offence.”.
110. In section 341, the words “inquiry or” and
the words and comma “if such inquiry results in a commitment, or” shall be
omitted.
111. In section 342, in sub (2) the words and
brackets ‘‘and the jury (if any) shall be omitted.
112. In section 345,---
1* * * * * * *
(ii) for sub-section (5)
the following shall be substituted, namely,---
“(5) When the accused has
been convicted and an appeal is pending, no composition for the offence shall
be allowed without the leave of the Court before which the appeal is to be
heard,”; and
(iii) in sub-section (5A),
after the word and figure “section 439”, the commas, words, figure and letter
and a Court of Session so acting under section 439-A,” shall be inserted.
113. For section 346 the following shall be
substituted, namely:---
“346. Procedure of Magistrate in cases
which he cannot dispose of.—(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 is one which should be tried, or sent for trial to
the Court of Session or the High Court, by some other Magistrate in such
district, he shall stay proceedings and submit the case, with a brief report
explaining its nature, to the Sessions Judge or to such other Magistrate,
having jurisdiction, as the Sessions Judge directs.
(2) The Magistrate to whom
the case is submitted may, if so empowered, either try the case himself or send
the case for trial to the Court of Session or the High Court.
1Sub. Item (i) of item 112 omitted by the
Law Reforms (Amdt.) Act, 1976 (21 of 1976), s. 2 and Sch.
114. For section 347 the following shall
be substituted namely:---
“347. Procedure when, after
commencement of trial, Magistrate funds case should be tried by Court of
Session or High Court.—If in any trial before a Magistrate, before signing
judgment, it appears to him at any stage of the proceedings that the case is
one which ought to be tried by the Court of Session or High Court, he shall
send the case to the Court of Session or High Court, for trial.”.
115. In section 348,---
(i) in sub-section (1),---
(a) for the words and commas “for committing the accused be
committed to the Court of Session or High Court, as the case may be,” the words
and commas “ for the trial of the accused by the Court of Session or High
Court, as the case may be, send the accused for trial to such Court” shall be
substituted; and
(b) the proviso shall be omitted; and
(ii) for sub-section (2),
the following shall be substituted, namely:---
“(2) When any person is
sent for trial to the Court of Session or High Court under sub-section (1), any
other person accused jointly with him in the trial shall be similarly sent for
trial.”.
116. In section 349,---
(i) in sub-section (1), for
the words to District Magistrate or Sub-divisional Magistrate of the first
class specially empowered on this behalf Provincial Government “ shall be
substituted; and
(ii) in sub-section (1A),
for the words “District Magistrate or Sub-divisional Magistrate” the words,
brackets and figure “ Magistrate empowered under sub-section (1)” shall be
substituted.
117. In section 350,---
(i) in sub-section (1), for
the proviso the following shall be substituted, namely:---
“Provided that the High
Court or the Court of Session may, whether there be an appeal or not, set aside
any conviction passed on evidence not wholly recorded by the Magistrate before
whom the conviction was held, if such Court is of opinion that the accused has
been materially prejudiced thereby, and may order a new inquiry or trial.”; and
(ii) in sub-section (2),
for the words If superior Magistrate” the words “Magistrate specially empowered”
shall be substituted.
118. In section 351, in sub-section (2),
the words and figure “in the course of an inquiry under Chapter XVIII” shall be
omitted.
119. In section 353, for the words,
figures and commas “Chapters XVIII, XX, XXI, XXII and XXHI” the words, figures
and commas and letter “Chapter XX, XXI, XXII and XXIIA” shall be substituted.
120. In section 355, in sub-section (1),
for the words, figures, brackets, letters and commas “in summons cases tried
before a Magistrate and in cases of the offences mentioned in sub-section (1)
of section 260, clauses (b) to (m), both inclusive, when tried” the words and
figures “in cases tried under Chapter XX or Chapter XXII” shall be substituted.
121. In section 356, in sub-section (1),
for the words, commas and figures “ In all other trials before Courts of
Session and Magistrates, and in all inquiries under Chapters XII and XVIII” the
words and figure “In trials before Courts of Session and in inquiries under
Chapter XII” shall be substituted.
122. In section 367, in sub-section (5),
for the colon at the end a full-stop shall be substituted and the proviso shall
be omitted.
1* * * * * * *
124. In section 371,---
(i) for sub-section (1) the
following shall be substituted, namely:---
“(1) In every case where
the accused is convicted of an offence, a copy of the judgment shall be given
to him at the time of pronouncing the judgment, or, when the accused so
desires, a translation of the judgment in his own language, if practicable or
in the language of the Court, shall be given to him without delay. Such copy or
translation shall be given free of cost:---
Provided that this sub-section shall not apply to cases tried summarily
or where the accused is convicted of an offence under any law other than the
Pakistan Penal Code.”; and
(ii) sub-section (2) shall
be omitted.
125. In section 375, for sub-section (2) the
following shall be substituted,
namely:---
“(2) Unless the High Court
otherwise directs, the presence of the convicted person may be dispensed with
when such inquiry is made or such evidence is taken.”.
126. In section 376, the words and comma “whether
tried with the aid of assessors or by jury,” shall be omitted.
1* * * * * * *
128. After section 382, the following new
sections shall be inserted, namely:---
“382-A. Postponement of execution of
sentences of imprisonment under section 476 or for a period of less than one
year.—Notwithstanding
anything contained in section 383 or 391, where the accused:---
(a) is awarded any sentence of imprisonment under section 476,
or
(b) is sentenced in cases other than those
provided for in section 381, to imprisonment whether with or without fine or
whipping, for a period of less than one year, the sentence shall not, if the
accused furnishes bail to the satisfaction of the court for his appearance at
such time and place as the Court may direct, be executed, until the expiry of
the period prescribed for making an appeal against such sentence, or, if an
appeal is made within that time, until the sentence of imprisonment is
confirmed by the Appellate Court, but the sentence shall be executed as soon as
practicable after the expiry of the period prescribed for making an appeal, or,
in case of an appeal, as soon as practicable after the receipt of the order of
the Appellate Court confirming the sentence.
1Items 123 and 127 omitted by the
Criminal Procedure (Amdt.) Act, 1974 (25 of 1974), s. 2 and Sch., (W.e.f
24-4-74).
382-B. Period of detention to be
considered while awarding sentence of imprisonment.—Where a Court decides
to pass a sentence of imprisonment on an accused for an offence, it may take
into consideration the period, if any, during which such accused was detained
in custody for such offence.”.
1[382-C. Scandalous or false
and frivolous pleas to be considered in passing sentence.—In passing a
sentence on an accused for any offence, a Court may take into consideration any
scandalous or false and frivolous plea taken in defence by him or on his
behalf.]
129. In section 383,---
2* * * * * * *
(ii) after the figure “381”
the words, figure and letter “and section 382-A” shall be inserted.
130. In section 386, in sub-section (1), in the
proviso, the words “unless for special reasons to be recorded in writing it
considers it necessary to do so” shall be omitted.
2* * * * * * *
3* * * * * * *
137. In section 403, in the Explanation for the
commas words and figure if the discharge of the accused or any entry made upon
a charge under section 273,” the words “or the discharge of the accused” shall
be substituted.
4* * * * * * *
139. For section 406A the following shall be
substituted, namely:---
“406A. Appeal from order refusing to
accept or rejecting a surety.- 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.”.
5[139A. In section 407, in
sub-section (1), the words and figure ‘or in respect of whom an order has been
made, or a sentence has been passed under section 380 by a Sub-divisional
Magistrate of the second class’ shall be omitted.]
140. Section 407 shall be omitted.
141. In section 408,---
(i) for the comma and words
“, a District Magistrate or other Magistrate of the first class” the words “or
a Judicial Magistrate” shall be substituted;
1Added by the law reforms (Amdt.) Act,
1972 (8 of 1972), s. 4 (w.e.f. 14-4 -72).
2Subs item (i) of item 129 and items 131
to 135 omitted by the Criminal Procedure (Amdt.) Act. 1974 (25 of 1974), s. 2
and Sch(w,e,f 24-4-74)
3ltem 136 omitted by the Code of Criminal
Procedure (Amdt.) Act. 1973 (57 of 1973), S. 5.
4Item 138 omitted by the Legal Reforms
Act 1997 23 of 1997 ) s. 3.
5Item I39A ins. by the Law Reforms
(Amdt.) Act1976 (21 of 1976). s. 2 and Sch.
(ii) the words and figure “or
in respect of whom an order has been made or a sentence has been passed under
section 380 by a Magistrate of the first class” shall be omitted; and
(iii) in clause (b) of the
proviso,---
(a) the words and figure “or a Magistrate
specially empowered under section 30” shall be omitted; and
1* * * * * * *
142. For section 409 the following shall
be substituted, namely:---
“409. Appeals to Court of Session how
heard.—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
Additional Sessions Judge or an Assistant Sessions Judge:---
Provided that an Additional
Sessions Judge shall hear only such appeals as the Provincial Government may,
by general or special order, direct or as the Sessions Judge of the division
may make over to him:---
Provided further that no
such appeal shall be heard by an Assistant Sessions Judge unless the appeal is
of a person convicted on a trial held by any Magistrate of the second class or
third class.”.
143. In section 413, for the words “District
Magistrate or other” the article “a” shall be substituted.
144. For section 417] The following shall be
substituted namely,---
“417. Appeal in case of acquittal.—(1)
Subject to the provisions of subsection (4), the Provincial Government may, in
any case, direct the Public Prosecutor to present an appeal to the High Court
from an original or appellate order of acquittal passed by any Court other than
a High Court.
(2) If such an order of
acquittal is passed in any case instituted upon complaint and the High Court,
on an application made to it by the complainant in this behalf, grants special
leave to appeal from the order of acquittal, the complainant may present such
an appeal to the High Court.
(3) No application under
sub-section (2) for the grant of special leave to appeal from an order of
acquittal shall be entertained by the High Court after the expiry of sixty days
from the date of that order.
(4) If, in any case, the
application under sub-section (2) for the grant of special leave to appeal from
an order of acquittal is refused, no appeal from that order of acquittal shall
lie under sub-section (1).”
145. In section 418,---
(i) in sub-section (1), the
commas and words except where the trial was by jury, in which case the appeal
shall lie on a matter of law only” shall be omitted; and
(ii) sub-section (2) shall
be omitted.
146. In section 419, the commas, words
and figure and, in cases tried by a jury, a copy of the heads of the charge
recorded under section 367 “ shall be omitted.
1Clause (b) of sub-item (iii) of item 141
omitted by the Criminal Procedure (Amdt.) Act, 1974 (25 of 1974), s. 2 and
Sch., (w.e.f. 24-4-74).
147. In section 423,---
(i) in sub-section (1),---
(a) in clause (a), for the words “committed
for trial”, the words “ sent for trial to the Court of Session or the High
Court” shall be substituted; and
(b) in clause (b), for the word “committed “the word “sent “shall
be substituted; and
(ii) sub-section (2) shall
be omitted.
148. In section 426,---
(i) after sub-section (1),
the following sub-section (1 A) shall be inserted, namely:---
“(1A) An Appellate Court shall, unless for reasons to be recorded
in writing it otherwise directs order a convicted person to be released on bail
who has been sentenced,---
(a) to imprisonment for a period not exceeding three years and
whose appeal has not been decided within a period of six months of his
conviction;
(b) to imprisonment for a period exceeding
three years but not exceeding seven years and whose appeal has not been decided
within a period of one year of his conviction;
(c) to imprisonment for life or imprisonment
exceeding seven years and whose appeal has not been decided within a period of
two year of his conviction.”;
(ii) in sub-section (2A),
Before the word “Where the words, figure, letter and comma “Subject to the
provision of section 382Af” shall be inserted; and
1* * * * * * *
149. In
section 428, in sub-section (3), the semi-colon and words “; but such evidence
shall not be taken in the presence of jurors or assessors” shall be omitted.
150. In section 435,---
(i) in sub-section (1),---
(a) the words and commas “or District Magistrate, or any
Sub-divisional Magistrate empowered by the Provincial Government in this
behalf,” shall be omitted; and
(b) for the Explanation the following shall be substituted,
namely:---
“Explanation.—All
Magistrates shall be deemed to be inferior to the Sessions Judge for the
purposes of this sub-section.”; and
(ii) sub-sections (2) and
(4) shall be omitted.
2[150A. In section 436, the comma,
words and colon or into the case of any person accused of an offence who has
been discharged:” and the proviso shall be omitted.].
1Sub-item (iii) of item 148 omitted by
the Criminal Procedure (Amdt.) Act, 1974 (25 of 1974), s. 2 and Sch., (w.e.f.
24-4-74).
2Item 150 A ins. by the Law Reforms
(Amdt.) Act, 1976 (21 of 1976), s. 2 and Sch.,
151. For section 436 the following shall be
substituted, namely:---
“436. Power to
order further inquiry.— On examining any record under section 435 or
otherwise,---
(a) the High Court may direct the Sessions
Judge to require any Judicial Magistrate subordinate to him to make, and the
Sessions Judge himself may direct any Judicial Magistrate subordinate to him to
make, further inquiry into any complaint which has been dismissed under
section 203 or subsection (3) of section 204, or into the case of any person
accused of an offence who has been discharged;
(b) the High Court or the Sessions Judge may direct the District
Magistrate by himself or by any of the Executive Magistrates subordinate to him
to make further inquiry into any proceeding in which an order of discharge or
release has been made under section 119 :
Provided that no Court shall make any
direction under this section for enquiry into the case of a person who has been
released or discharged under section 119, unless such person has had an
opportunity of showing cause why such direction should not be made.”.
1[152. Section 437 shall be
omitted.
152A. In section 438, the words “Sessions Judge
or” shall be omitted.
152B. Section 438, amended as aforesaid, shall
be omitted.]
153. In section 439,---
(i) in sub-section (1), the
words and comma “or which has been reported for orders,” shall be omitted ;
(ii) in sub-section (3),
the words and figure44 acting otherwise than under section 34” shall be
omitted; and
(iii) for sub-section (4)
the following shall be substituted, namely:---
“(4) Nothing in this
section shall be deemed to authorise a High Court:---
(a) to convert a finding of acquittal in to one of conviction;
or
(b) to entertain any proceedings in revision with respect to an
order made by the Sessions Judge under section 439A.”.
154. After section 439, the following new
section 439A shall be inserted, namely:---
“439A. Sessions Judge’s Powers of
revision.—(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 knowledge, the Sessions Judge may exercise any of the powers conferred on
the High Court by section 439.
(2) An Additional Sessions
Judge shall have and may exercise all the powers of a Sessions Judge under this
Chapter in respect of any case which may be transferred to him under any
general or special order of the Sessions Judge.”.
1Subs. by the Law Reforms (Amdt.) Act,
1976 (21 of 1976), s. 2 and Sch., for item 152.
155. In section 465, for sub-section (1) the following
shall be substituted, namely:---
“(1) If any person before a
Court of Session or a High Court appears to the Court at his trial to be of
unsound mind and consequently incapable of making his defence, the Court shall,
in the first instance, try the fact of such Unsoundness and incapacity, and if
the Court is satisfied of the fact, it shall record a finding to that effect
and shall postpone further proceedings in the case.”.
156. For section 469 the following shall
be substituted, namely:---
“469. When accused appears to have been
insane.—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 hint or it that there is reason to believe that the accused committed an
act which, if he had been of sound mind, would have been an offence, and that
he was, at the time when the act was committed, by reason of unsoundness of
mind, incapable of knowing the nature of the act or that it was wrong or
contrary to law, the Magistrate or court shall proceed with the case.”.
157. For sections 476 and 476A, the following
shall be substituted, namely:---
“476. Procedure in cases mentioned in
section 195.—(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 any Civil, Revenue or Criminal Court the Court may take
cognizance of the offence and try the same in accordance with the procedure
prescribed for summary trials in Chapter XXII.
(4) Any person sentenced by
an Court under this section may, notwithstanding anything hereinbefore
contained, appeal,---
(a) in the case of a sentence by the High
Court, to the Supreme Court;
(b) in the case of a sentence by a Court of Session, or District
Court, or a Court exercising the powers of a Court of Session or a District
Court, to the High Court; and
(c) in any other case, to the Sessions Judge.
(5) The provisions of
Chapter XXXI shall, so far as they are applicable, apply to appeals under this
section and the Appellate Court may alter the finding or reduce or enhance the
sentence appealed against.
476A. Forwarding of cases for trial by
Courts having jurisdiction.—(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, or in relation to, any proceedings before it, should not
be tried under that section, such Court may, after recording the facts
constituting the offence and the statement of the accused person, as
hereinbefore provided, forward the case to a Court having jurisdiction to try
the case, and may require security to be given for the appearance of such
accused person before such Court, or if sufficient security is not given, shall
forward such person in custody to such Court.
(2) The Court to which a
case is forwarded under this section shall proceed to hear the complaint
against the accused person in the manner hereinbefore provided.”.
158. Sections 476B, 478 and 479 shall be
omitted.
159. In section 483, for the words, comma
and figure “Indian Registration Act, 1877” the words, comma and figure “Registration
Act, 1908” shall he substituted.
160. In section 487,---
(i) in sub-section (1),
after the word “sections” the figure and comma, “476” shall be inserted; and
(ii) sub-section (2) shall
be omitted.
161. In section 488, in sub-section (1), the
words and comma “the District Magistrate, a Sub-Divisional Magistrate or” shall
be omitted.
162. In section 494, the words and comma “in
cases tried by jury before the return of the verdict, and in other cases” shall
be omitted.
1* * * * * * *
164. In section 503,---
(i) in sub-section (2B),
the words and comma “other than
(ii) in sub-section (3),
the words and commas “ or such Magistrate, of the first class as he appoints in
this behalf,” shall be omitted; and
(iii) for the word “warrant-cases”
the word “cases “shall be substituted.
1Item 163 omitted by the Criminal
Procedure (Amdt.) Act, 1974 (25 of 1974), s. 2 and Sch., (w.e.f. 2-4-74).
165. In section 506,---
(i) for the words “such
Magistrate shall apply to the District Magistrate” the words and commas “such
Magistrate, if he is a Judicial Magistrate, shall apply to the Sessions Judge,
and if he is an Executive Magistrate, shall apply to the District Magistrate”
shall be substituted; and
(ii) for the words “and the
District Magistrate” the words and commas “and the Sessions Judge or the
District Magistrate as the case may be,” shall be substituted.
1[165A. In section 508, the
words other than
166. In section 508A, the words “other than
167. For section 510 the following section
shall be substituted, namely:---
510. Report of Chemical Examiner,
Serologist, etc.—Any document purporting to be a report, under the hand of
any Chemical Examiner or Assistant Chemical Examiner to Government or any
Serologist, finger-print expert or firearm expert appointed by Government, upon
any matter or thing duly submitted to Kim for examination or analysis and
report in the course of any proceeding under this Code, may, without calling
him as a witness, be used as evidence in any inquiry, trial or other proceeding
under this Code:---
Provided that the Court
may, 2[if
it considers necessary in the interest of Justice] summon and examine the
person by whom such report has been made.”
168. In section 512,---
(i) in sub-section (1), for
the words “commit for trial” the words “send for trial to the Court of Session
or High Court” shall be substituted; and
3* * * * * * *
169. In section 514, in sub-section (7), the
words and figure “or section 562” shall be omitted.
170. For section 515 The following shall
be substituted, namely:---
“515. Appeal from, and revision of,
orders under section 514.—All orders passed under section 514 by a District
Magistrate or a Judicial Magistrate shall be appealable to the Sessions Judge,
and all such orders passed by an Executive Magistrate, other than a District
Magistrate, shall be appealable to the District Magistrate, or, if no appeal is
made against any such order, may be revised, in the case of an order passed by
a District Magistrate or a Judicial Magistrate, by the Sessions Judge, and in
the case, of an order passed by an Executive Magistrate other than a District
Magistrate, by the District Magistrate.”.
171. In section 524, in sub-section (1),
for the words “a Magistrate of the first
class” the words “any other Executive Magistrate” shall be substituted.
1Sub-item 165A. ins. by the Law Reforms
(Amdt.) Act, 1976 (21 of 1976) s. 2 and Sch.,
2Subs ibid., for “and shall, if so
requested by any parts to such inquiry trial or proceeding”.
3Sub-item (ii) of item 168 omitted by the
Criminal Procedure (Amdt.) Act, 1974 (25 of 1974), s. 2 and Sch.,(w,e,f
24-4-74).
172. In section 526,---
(i) in sub-section (1), in clause 1[(e)]
in paragraph (iv) for the word “committed99 the word “sent” shall be
substituted;
(ii) in sub-section (2), the commas, words and figures “except
as provided in section 267,’ shall be omitted;
(iii) in sub-section (6A), for the words “two hundred and
fifty rupee*” the words “five hundred rupees” shall be substituted;
2[(iv) for sub-sections (8) and (9) the following shall be
substituted, namely:—
“(8) In an inquiry under
Chapter VIII or any trial, the fact that any party intimates to the Court at
any stage that he intends to make an application under this section shall not
require the Court to adjourn the case; but the Court shall not pronounce its
final judgment or order until the application has been finally disposed of by
the High Court, and, if the application is accepted by the high court, the
proceedings taken by the Court subsequent to the Intimation made to it shall,
at the option of the accused, be held afresh”.];
(v) in sub-section (10), for the words “two hundred rupees” the
words “five hundred rupees” shall be substituted.
3[173. In section 528,---
(i) after sub-section (IB), the following new sub-section (1C)
shall be inserted, namely:—
‘(1C) Any Sessions Judge
may withdraw any case from, or recall any case which he has made over to, any
Magistrate subordinate to him, and may refer it for inquiry or trial to any
other such Magistrate competent to inquire into try the same.
4* * * * * * *
(ii) sub-sections (2) and (3) shall be omitted; and
(iii) in sub-section (5), for the word “section”, the words
“preceding sub-section” shall be substituted.]
174. Sections 532 and 536 shall be
omitted.
175. For section 537 the following shall
be substituted, namely:---
“537. Finding or sentence when reversible
by reason of error or omission in charge or other proceedings.—Subject to
the provisions hereinbefore contained, no finding, sentence or order passed by
a Court of competent jurisdiction shall be reversed or altered under Chapter
XXVII or on appeal or revision on account,---
(a) of any error, omission or irregularity in
the complaint, report by police officer under section 173, summons, warrant,
charge, proclamation, order, judgement or other proceedings before or during
trial or in any inquiry or other proceedings under this Code, or
(b) of any error, omission or irregularity in the mode of trial,
including any misjoinder of charges, unless such error, omission or
irregularity has in fact occasioned a failure of justice.
1Subs, by the Law Reforms (Amdt.) Act,
1976 (21 of 1976), s. 2 and Sch.. for (e).
2Subs. ibid for w such item (iv).
3Subs. ibid., for “Item 173”.
4Explanation omitted by the Legal Reforms
Act 1997 (23 of 1997) s. 3.
Explanation.—In determining whether any error,
omission or irregularity in any proceeding under this Code has occasioned a
failure of justice, the Court shall have regard to the fact whether the
objection could and should have been raised at an earlier stage in the
proceedings.”.
176. In section 539, the words “or the
Clerk of the State” shall be omitted.
177. In section 539B, in sub-section (2),
for the colon a full-stop shall be substituted and the proviso shall be
omitted.
178. In section 541, in sub-section
(3),---
(i) in clause (a), for the figure and words “342 of the Code of
Civil Procedure” the figures, words and commas “58 of the Code of Civil Procedure,
1908,” shall be substituted; and
(ii) in clause (b), for the figure and words “341 of the
Code of Civil Procedure” the figures, words and commas “58 of the Code of Civil
Procedure, 1908,” shall be substituted,
179. After section 544,---
(i) the following new section shall be inserted, namely:---
“544A. Compensation to the heirs of the person
killed, etc.—(1) Whenever
a person is convicted of an offence in the commission where of the death of or
hurt or injury to any person is caused, or damage to or loss destruction of any
property is caused, the Court shall, when convicting such person unless for
reasons to be recorded in writing it otherwise directs, order the person
convicted to pay compensation to the heirs of the person whose death has been caused,
or to the person hurt or injured, or to the owner of the property damaged, lost
or destroyed, as the case may be, of an amount not exceeding the amount of the
fine which the Court is empowered to impose for such offence.
(2) The compensation
payable under sub-section (1) shall be recoverable as if it were a fine imposed
by the Court, and the Court may further order that, in default of payment, the
person ordered to pay such compensation shall suffer imprisonment for a period
not exceeding six months, or if it be a Court of the Magistrate of the third
class, for a period not exceeding thirty days.
(3) The compensation
payable under sub-section (1) shall be in addition to any sentence which the
Court may impose for the offence of which the person directed to pay
compensation has been convicted.
(4) The provisions of
sub-sections (2B), (2C), (3) and (4) of section 250 shall, as far as may be,
apply to payment of compensation under this section.
(5) An order under this
section may also be made by an Appellate Court or by a Court when exercising
its powers of revision.”; and
(ii) section 544A inserted
by the Code of Criminal Procedure (West Pakistan Amendment) Act, 1963 (W. P.
Act No. XIof1963) shall be omitted.
180. In section 546, after the word “lection”, the
figure and words “544A or section” shall be inserted.
181. In
section 548, the words “the Judge’s charge to the jury or of shall he omitted.
182. In
section 556, the words “or commit for trial” shall be omitted.
183. In section 559, in sub-section (2),
for the words and comma “the District Magistrate”, the words and comma “the
Sessions Judge in the case of a Judicial Magistrate, and the District
Magistrate in the case of an Executive Magistrate” shall be substituted.
184. In section 561,---
(i) for sub-section (1) the
following shall be substituted, namely:---
“(1) Notwithstanding
anything in this Code, no Magistrate shall except under the order of a Sessions
Judge, take cognizance of the offence of rape where the sexual intercourse was
by a man with his wife,”; and
(ii) in sub-section (2),
for the words “District Magistrate” the words “Sessions Judge” shall be
substituted.
1[185. In section 565, in sub-section
(1),---
2* * * * * * *
(ii) The Words
Transportation or shall be omitted]
3* * * * * * *
187. In section 13, in the margin, for the word
“Magistrate” the words “Executive Magistrate” shall be substituted.
3* * * * * * *
189. In section 72, for the marginal note
the following shall be substituted, namely:---
“Service on servant of
State, Statutory Body of Company.”.
190. In section 74, in the margin, for
the word “officer” the word “person” shall be substituted.
191. In section 88, in sub-section (6),
in the margin, for the figures and word “XIV of 1882” the words and figures “Act
V of 1908 “ shall be substituted.
192. In section 98, in sub-section (2), in the
margin, for the figures and word “VIII of 1878” the figures and word “XV of
1969” shall be substituted.
193. In section 99A, in sub-section (1), in the
margin, for the figures and word “XXV of 1867” the figures, words and
semi-colon “XV of 1960” West Pakistan Ordinance XXX of 1963” shall be
substituted,
194. In section 99D, in the margin, for the
words “Special Bench” the words “High Court” shall be substituted.
1Subs. by the Law Reforms (Amdt.) Act,
1976 (21 of 1976), s. 2 and Sch., for item 185.
2Sub. item (i) omitted by the Legal
Reforms Act, 1997 (23 of 1976) s. 3.
3Entries 186 and 188 omitted ibid.,
195. In section 108, in the margin, for
the figures and word “XLV of 1860” the figures, words and semi-colon “XXV of
1867; West Pakistan Ordinance XXX of 1963” shall be substituted.
196. In section 128, in the margin, the
figures and word “XX of 1869” shall be omitted.
197. In section 130, in the margin, the
figures and word “XX of 1869” shall be omitted.
1[197A. In section 146, in the
margin, for the figures and word ‘XIV of 1882’ the figures and word ‘V of 1908’
shall be substituted.]
198. In section 178, the marginal note to
the proviso shall be omitted.
199. In section 195, in sub-section (2), in
the margin, for the figures and word “III of 1877” the figures and word “XVI of
1908” shall be substituted.
200. In section 241, for the marginal
note the following shall be substituted, namely:---
“Procedure in trial of
cases”.
201. In section 262, in {he margin, for
the words “for summons and warrant-cases” the words and figure “Prescribed in
Chapter XX’ shall be substituted.
1[201A. In section 350 in the
margin the words ‘or commitment’ shall be omitted.]
202. In section 355, for the marginal
note the following shall be substituted, namely:---
“Record in trial of certain
cases by first and second class Magistrates”.
203. In section 371, in the margin, the
words “on application” shall be omitted.
2* * * * * * *
205. In section 408, in the margin, for the
words” Magistrate of the first class” the words “Judicial Magistrates” shall be
substituted.
206. In section 465, in the marginal
note, for the words “committed before” the words “sent for trial” shall be substituted.
207. In section 483, in the margin, for the
figures and word “III of 1877” the
figures and word “XV| of 1908” shall be substituted.
208. In section 506, in the margin, the
words “Provincial Subordinate” shall be omitted.
209. In section 541, in sub-section (3),
in the margin, for the figures and word “XVI of 1882” the figures and word “V
of 1908” shall be substituted.
1Items 197A and 201A ins. by the Law
Reforms (Amdt.) Act, 1976 (21 of 1976) s. 2 and Sch.
2Item 204 omitted by the Criminal
Procedure (Amdt.) Act, 1974 (25 of 1974). s. 2 and Sch., (w.e.f. 24-4-74).
210. In Schedule II,---
(i) in the entries relating to section 174, after the existing
entries, the following new entries shall be inserted, namely:---
“2 3 4 5 6 7 8
If it be a Proclamation
Ditto Ditto Ditto Ditto Imprisonment for Ditto.”;
issued under section 87 three years, of the Code.
(ii) the entries relating to section 226 shall be omitted;
1* * * * * * *
(iv) in column 3, for the entry relating to section 497
the words “may arrest without warrant” shall be substituted.
2* * * * * * *
(vi) in column 7,---
3* * * * * * *
(d) in the entry relating to section 498 for the figure “2” the
figure “3” shall be substituted
(vii) in column 8,---
(a) for the words “Any Magistrate,” the words “Any
Judicial Magistrate” shall be substituted;
(b) for the entry relating to section 124A the
following shall be substituted, namely:---
“Court of Session or Magistrate of the
first class specially empowered by the Provincial Government in that behalf on
the recommendation of the High Court.”;
(c) for the entries relating to sections 218
and 295A the following shall be substituted; namely:---
“Magistrate of the first class “;.
(d) in the entries relating to section 312,---
(1) for the words “Court of Session” the
words “Magistrate of the first class” shall be substituted; and
(2) for the word “Ditto”, the words “Court
of Sessions” shall be substituted;
(e) in the entry relating to section 376, for
the words “Court of Session or District Magistrate” the words “Magistrate of
the first class” shall be substituted;
(f) in the entries relating to sections 129,
133, 148, 152, 161, 162, 164, 167, 181, 201, 205, 213, 214, 221, 222, 225,
225A, 233, 235, 237, 242, 246, 263, 304A, 318, 324, 332, 344, 347, 348,384,
404. 406. 411. 414. 418. 454. 456. 462. 465. 484. 485. 487 and 500 the words
and comma “Court of Session, or” shall be omitted:---
1Sub-item (iii) omitted by the Criminal
Procedure (Amdt.) Act, 1974 (25 of 1974), s. 2, and Sch., (w.e.f. 24-4-74).
2Sub-item (a) omitted by the Law Reforms
(Amdt.) Act, 1976 (21 of 1976), s. 2 and Sch.
3Clauses (a), (b) and (c) of sub-item
(vi) omitted by Act 25 of 1974, s. 2 and Sch., (w.e.f. 24-4-74).
(g) in the entries relating to sections 193,
212, 216, 218, 248, 252, 261,469 and 507, for the word “ Ditto “ the words”
Magistrate of the first class” shall be substituted;
(h) for the entries relating to sections 243, 249, 253, 325 and
457, the following shall be substituted, namely:---
“Court of Session, or Magistrate of the
first class.”;
(i) in the entries relating to section 308,---
(a) for the word “Ditto” first occurring, the words “Magistrate
of the first class” shall be substituted; and
(b) for the word “Ditto” occurring for the
second time, the words and comma “Court of Session, or Magistrate of the first
class” shall be substituted;
(j) in the entries relating to sections 404
and 454, for the word “Ditto” the words and comma “Court of Session, or
Magistrate of the first or second class” shall be substituted; and
(k) under the heading “Offences against other
laws” in the third entry, the words and comma “Court of Session, or” shall be
omitted.
211. In Schedule III,---
(i) in Part I, under the
heading “Ordinary Powers of a Magistrate of the Third Class”,---
(a) Items (10), (11) and (12) shall be omitted; and
(b) in item (17), for the words “District Magistrate” the words “Sessions
Judge” shall be substituted;
(ii) in Part II, under the
heading “Ordinary Powers of Magistrate of the Second Class”, in item (2), for
the words “commit for trial” the words “send for trial to the Court of Session
or the High Court” shall be substituted;
1* * * * * * *
212. For Schedule IV the following shall be substituted,
namely:---
“SCHEDULE IV
(See section 37)
Additional Powers with which Magistrates
may be invested.
PART I
Powers with which a Magistrate of first
class may be invested by the Provincial Government.
(1) Power to try cases
under section 124A of the Pakistan Penal Code.
1Sub-items (in), (iv) and (v) of item 211
omitted by the Legal Reforms Act, 1997 (23 of 1976) s. 3.
(2) Power to issue process
for person within local jurisdiction who has committed an offence outside the
local jurisdiction, section 186.
(3) Power to take
cognizance of offences upon complaint, section 190.
(4) Power to take
cognizance of offences upon police report, section 190.
(5) Power to take
cognizance of offences without complaint, section 190.
(6) Power to transfer
cases, section 192.
(7) Power to try summarily,
section 260.
(8) Power to pass sentence
on proceedings recorded by a Magistrate of the second or third class, section
349.
Powers with which a Magistrate of the
second class may be invested by the Provincial Government.
(1) Power to record
statements and confessions during a police investigation, section 164.
(2) Power to authorise
detention of a person in the custody of the police during a police
investigation, section 167.
(3) Power to take
cognizance of offences upon complaint, section 190.
(4) Power to take
cognizance of offences upon police report, section 190.
(5) Power to take
cognizance of offences without complaint, section 190.
Powers with which a Magistrate of the
third class may be invested by the Provincial Government.
(1) Power to take
cognizance of offences upon complaint, section 190.
(2) Power to take
cognizance of offences upon police report, section 190.
PART II
Powers with which any of the Executive Magistrates may be invested by the
Provincial Government.
(1) Power to make order
prohibiting repetition of nuisances, section 143.
(2) Power to make orders
under section 144.
(3) Power to make orders, etc.,
in possession cases, sections 145 and 147.
(4) Power to hold inquests,
section 174.
(5) Power to sell property
alleged or suspected to have been stolen, etc., section 524.
Powers with which any Executive Magistrate
may be invested by the District Magistrate.
(1) Power to make orders
prohibiting repetition of nuisances, section 143.
(2) Power to make orders
under section 144.
(3) Power to hold inquests,
section 174.
213. In Schedule V, Forms XXVII, XXXII, XXXIII
and XLII shall be omitted.
Law
Reforms’ Ordinance 1972
ORDINANCE XII OF 1972
[Gazette of
No. F. 24(1)/72-Pub.--The
following Ordinance made by the President on the 13th April, 1972, is hereby
published for general information:---
Whereas it is expedient, for
the purpose of giving effect to certain recommendations of the Law Reforms
Commission, 1967-70, to amend certain laws;
And whereas the national
interest of
Now, therefore, in pursuance
of the Proclamation of the 25th .day of March 1969, read with the Proclamation
of the 20th day of December 1971, and the Provisional Constitution Order, and
in exercise of all powers enabling him in that behalf, the President is pleased
to make and promulgate the following Ordinance:---
1. Short title and
commencement.-(1) This Ordinance may be called the Law Reforms’ Ordinance, 1972.
(2) It shall come into force
at once, except the provisions of the Schedule relating to amendments in the
Code of Criminal Procedure, 1898 (Act V of 1898), which shall come into force
in any province with effect from such date not later than the first day of
January 1973, as the Provincial Government thereof may, by notification in the
official Gazette, specify in this, behalf.
2. Amendment of
certain laws.-(1) The Acts and Ordinances, specified in the Schedule are hereby amended
to the extent and in the manner specified in the fourth column thereof.
(2) Where this Ordinance
requires that in any specified law, or in any section or other portion thereof,
certain words shall be substituted for certain other words, or that certain
words shall be omitted, the substitution or omission, as the case may be,
shall, except where it is otherwise expressly provided, be made wherever the
words referred to occur in that law, or as the ease may be, in that section or
portion.
3. Certain appeals
barred.-As from the commencement of this Ordinance,---
(a) no appeal under the
provisions of any Letters Patent, as applicable to a High Court, shall be
entertained by such High Court; and
(b) no second appeal shall
lie in any suit of the nature referred to in section 102 of the Code of Civil
Procedure, 1908 (V of 1908), as amended by this Ordinance:---
Provided that nothing contained in this Ordinance shall be
construed as affecting any such appeal which was pending immediately before the
commencement of this Ordinance.
Law Reforms’ (Amendment) Ordinance 1972
PREAMBLE. Preamble
1. Short title and commencement
2. Amendment of section 3 Ordinance XII of 1972
3. Addition of new section 4 Ordinance XII of 1972
4. Amendment of schedule Ordinance XII of 1972
Law Reforms’ (Amendment) Ordinance 1972
ORDINANCE XXXIV OF 1972
An Ordinance to amend the Law Reforms Ordinance, 1972
[Gazette of
No. F. 24(1)/72‑Pub.‑The following Ordinance made by the President
on the 8th August 1972, is hereby published for general information:‑--
Whereas it is expedient to amend the Law Reforms
Ordinance, 1972 (XII of 1972), for the purposes hereinafter appearing;
And whereas the National Assembly is not in session;
Now, therefore, in exercise of the powers conferred by clause (1) of Article 94
of the Interim Constitution of the Islamic Republic of Pakistan, the President
is pleased to make and promulgate the following Ordinance:‑--
1. Short title and commencement.‑(1) This Ordinance
may be called the Law Reforms’ (Amendment)
Ordinance, 1972.
(2) It shall come into force at once, and shall be deemed to have taken effect
on the 14th April 1972.
2. Amendment of section 3, Ordinance XII of 1972.‑1n
the Law Reforms Ordinance, 1972 (XII of 1972),
hereinafter referred to as the said Ordinance, for section 3 the following
shall be substituted and shall be deemed always to have been so substituted,
namely:‑--
“3. Appeal to High Court in
certain cases.‑(1) An appeal shall lie to a Bench of
two or more Judges of a High Court from a decree passed of final order made by
a Single Judge of that High Court in the exercise of its original civil
jurisdiction:---
Provided that no such appeal shall
lie from an order which does not dispose of the whole matter before the Court.
(2) No appeal shall lie to a Bench of two or more Judges of a High Court from
an order made by a single Judge of that High Court under clause (2) of Article
201 of the Interim Constitution of the Islamic Republic of Pakistan in a matter
arising under any law relating to be rehabilitation and settlement of displaced
persons or from an order so made under such paragraph (i) of paragraph (b) of
that clause.
(3) Nothing contained in this Ordinance shall be construed as affecting,---
(a) any appeal under the provisions of the Letters Patent applicable to
a High Court or under section 102 of the Code of Civil Procedure, 1908 (V of
1908), which was pending immediately before the commencement of this Ordinance;
or
(b) any appeal or petition for leave to appeal from a decree, judgment or order
of a single Judge of a High Court made to the Supreme Court before the
commencement of the Law Reforms (Amendment)
Ordinance, 1972.”.
3. Addition of new section 4, Ordinance X11 of 1972.‑In the
said Ordinance, after section 3, substituted as aforesaid, the following new section
shall be added, namely:‑--
“4. Computation of period of limitation.‑In
computing the period of limitation for filing an appeal under the provisions of
section 3, the period commencing the fourteenth of April 1972, or the date of
the decree or order against which the appeal is to be filed, whichever shall be
later, and that date of the commencement of the Law Reforms
(Amendment) Ordinance, 1972, shall be excluded.”.
4. Amendment of the Schedule, Ordinance XII of 1972.‑In the
said Ordinance, in the Schedule,‑--
(i) in column 4, in the entries relating to the Code of Criminal Procedure,
1898 (Act V of 1898), in item 128, after the new section 382‑B, the
following new section shall be added, namely:‑--
“382‑C. False or scandalous plea to be considered in passing
sentence.----*In passing a sentence on an accused for any offence, a
Court may take into consideration any false or scandalous plea taken fn defence
by him or on his behalf.”; and
(ii) for the entries relating to the Legal Practitioners and Bar Councils Act,
1965 (111 of 1965), the following shall be substituted and shall be deemed
always to have been so substituted, namely:‑--
“In section 22, after subsection (2), the following new subsection shall be
added, namely:‑--
(3) No advocate shall appear or act for any person in any Court or tribunal
unless he has been appointed for the purpose by such person by a document in
writing signed by such person or his recognized agent or some other person duly
authorised by him to make such appointment, and such document has been filed in
such Court or tribunal;
Provided that nothing in this
subsection shall apply to,---
(a) a Public Prosecutor or any advocate appointed by the State; or
(b) an advocate when appearing on behalf of another advocate entitled to appear
and act, if the advocate so appearing files a memo of appearance;‑--
Provided further that an advocate may be allowed to appear for an accused in
custody on his undertaking to file the document required under this subsection.”.
3. Addition of new section 4, Ordinance X11 of 1972.‑In the said Ordinance, after section
3, substituted as aforesaid, the following new section shall be added, namely:‑--
“4. Computation of period of limitation.‑In
computing the period of limitation for filing an appeal under the provisions of
section 3, the period commencing the fourteenth of April 1972, or the date of
the decree or order against which the appeal is to be filed, whichever shall be
later, and that date of the commencement of the Law Reforms
(Amendment) Ordinance, 1972, shall be excluded.”.
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