Code of Criminal Procedure, 1898 PAKISTAN , SECTION 1 TO 45

Pakistan: Code of Criminal Procedure, 1898 as amended by Act 2 of

1997                     1 TO 45 SECTION

THE CODE OF CRIMINAL PROCEDURE, 1898 (Pakistan)

As amended by Act II of 1997

PART I - PRELIMINARY - CHAPTER I

1. Short title and commencement. (1) This Act may be called the Code of Criminal Procedure, 1898, and

It shall come Into force on the first day of July, 1898. (2) It extends to 1 [the whole of Pakistan] but, in the

absence of any specific provision to the contrary, nothing herein contained shall affect any special or local

law now in force, or any special jurisdiction or power conferred, or any special form of procedure

prescribed, by any other law for the time being in force.

2. [Repeal of enactments, notifications, etc, under repealed Acts pending cases] Rep. by the Repealing and

Amending Act, 1914 (X of 1914).

3. Reference to Code of Criminal Procedure and other repealed enactments. (1) In every enactment

passed before this Code comes into force in which reference is made to, or to any, chapter or section of the

Code of Criminal Procedure, Act XXV of 1861 or Act X of 1872, or Act X of 1882 or to any other

enactment hereby repealed, such reference shall, so far as may be practicable, be taken to be made to this

Code or to its corresponding chapter or section. (2) Expressions in former Acts. In every enactment passed

before this Code comes into force the expressions 'Officer exercising (or 'having') the powers (or 'the full

powers') of a Magistrate' 'Subordinate Magistrate, first class', and 'Subordinate Magistrate second class',

shall respectively be deemed to mean 'Magistrate of the first class', 'Magistrate of the second class' and

'Magistrate of the third class', the expression 'Magistrate of a division of a district shall be deemed to mean

'Sub-Divisional Magistrate', the expression 'Magistrate' of the district shall be deemed to mean 'District

Magistrate and the expression 'Joint Sessions Judge' shall mean 'Additional Sessions Judge'.

4. Definition. (1) In this Code the following words and expressions have the following meanings unless a

different intention appears from the subject or context:

(a) 'Advocate-General'. 'Advocate-General' includes also a Government Advocate or where there is not

Advocate-General or Government Advocate, such officer as the Provincial Government may, from time to

time, appoint in this behalf;

(b) 'Bailable offence', 'Non-bailable offence'. 'Bailable offence' means an offence shown as bailable in the

second schedule, or which is made bailable by any other law for the time being in force; and 'non-bailable

offence' means any other offence:

(c) 'Charge'. 'Charge' includes any head of charge when the charge contains more heads than one:

(d) [Rep. by the Repealing and amending Act, 1923 (Act XI of 1923)}

(e) [Omitted by Law Reforms Ordinance, 1972}.

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 (f) 'Cognizable offence'. Cognizable case'. 'Cognizable offence' means an offence for, and 'cognizable

case' means a case in, which a police officer, may, in accordance with the second schedule or under any

law for the time being in force, arrest without warrant;

(g) Omitted by A.O. 1949.

(h) 'Complaint'. 'Complaint' means the allegation made orally or in writing to a Magistrate, with a view to

his taking action under this Code, that some person whether known or unknown, has committed an offence,

but it does not include the reports of a police-officer;

(i) Omitted by Act II of 1950.

(j) 'High Court'. 'High Court' means the highest Court of criminal appeal or revision for a Province:

(k) 'Inquiry'. 'Inquiry' includes every inquiry other than a trial conducted under this Code by a Magistrate

or Court;

(l) 'Investigation'. 'Investigation' includes all the proceedings under this Code for the collection of

evidence conducted by a police-officer or by any person (other than a Magistrate) who is authorized by a

Magistrate in this behalf;

(m) 'Judicial proceeding'. 'Judicial proceeding' includes any proceeding in the course of which evidence

is or may be legally taken on oath;

(n) 'Non-cognizable offence': 'Non-cognizable case'. 'Non-cognizable offence means an offence for, and

'non-cognizable case' means a case in, which a police officer, may not arrest without warrant;

(o) 'Offence', 'Offence' means any act or omission made punishable by any law for the time being in force;

it also includes any act in respect of which a complaint may be made under section 20 of the Cattle

Trespass Act, 1871.

Offence- The word 'offence' as defined in the Code means any act or omissions made punishable by any

law for the time being enforced apart those from under PPC. 1991 Cr.L.J. 1476 (Ind). An offence is

constituted as soon as the act which constitute that offence have been committed. It remains an offence

whether it is triable by a Court or not and the fact that the trial of the offence can only be taken up after

certain specified conditions are fulfilled does not make it any the less an offence. AIR 1967 S.C. 528.

There is nothing wrong in law to regard a single act of firing at two persons as one offence. AIR 1952 S.C.

45. However, an act or omission is an offence only if it is made punishable by any law for the time being in

force 1931 P.C. 94.

(p) 'Officer in charge of a police-station'. 'Officer in charge of a police-station' includes, when the officer

in charge of the police-station is absent from the station-house or unable from illness or other cause to

perform his duties, the police-officer present at the station-house who is next in rank to such officer and is

above the rank of constable or, when the Provincial Government so directs, any other police-officer so

present;

(q) 'Place'. 'Place' includes also a house, building, tent and vessel:

(r) 'Pleader'. 'Pleader', used with reference to any proceeding in any Court, means, a pleader or a mukhtar

authorized under any law for the time being in force to practice in such Court, and includes (1) an

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advocate, a vakil and an attorney of a High Court so authorized, and (2) any other person appointed wit the

permission of the Court to act in such proceeding;

Pleader- With reference to any proceedings in the Court a pleader means a pleader or Mukhtar authorised

under law for the time being in force and includes:

(1) An advocate;

(2) A vakeel or any attorney of High Court so authorised;

(3) Any other person appointed with the permission of the Court. A co-accused can act as pleader if so

permitted. AIR 1962 Pat 244. Private person must get the prior permission. 1991 P.Cr.L.J. 2425. The

discretion of the Court in permitting person to appear as 'pleader' must be exercised judicially with due

regard to the interest of the party engaging him. AIR 1978 S.C. 1019; 1978 Cr.L.J. 778.

A power of attorney authenticated by fail authorities is a valid document. 1991 P.Cr.L.J. 25. A constituted

attorney can appear for the accused. 1991 P.Cr.L.J. 2425.

(s) 'Police-station'. 'Police-station' means any post or place declared generally or specially, by the

Provincial Government to be a Police Station and includes any local area specified by the Provincial

Government in this behalf:

Police station-Police station is a place declared generally or specifically by the provincial Government to

be a police station and includes any local area so specified except a beat-house. AIR 1960 Cal 519. Does

not include vehicle. (1963) 3 SCR 386. Detention in a tee other than notified is illegal. PLD 1965 Lah 324.

(t) 'Public Prosecutor'. Public Prosecutor' means any person appointed under section 492, and includes

any person acting under the directions of a Public Prosecutor and any person conducting a prosecution on

behalf of the State in any High Court in the exercise of its original criminal jurisdiction:

Public prosecutor-Public Prosecutor means any person appointed u/s. 492 and includes Assistant Public

Prosecutor and any person conducting prosecution under Public Prosecutor. PLD 1960 Dacca 783. He is

bound to assist the Court with his fairly considered view and the Court is entitled to have the benefit of the

fair exercise of his function. AIR 1957 S.C. 389. Government advocate under instructions of the Advocate

General who is appointed u/s 492 to be Public Prosecutor for all cases in the High Court is a Public

Prosecutor. 1966 Raj. Law Weekly 300; 1981 S.C. Cr. R. 301. Additional Government Advocate appointed

as a public Prosecutor is a Public Prosecutor lawfully empowered to present appeal in the High Court

against orders of acquittal. AIR 1971 S.C. 1977. A private pleader instructed by a private party will not be

permitted to conduct prosecution. 1991 Mad. L.J. Cr. 624.

(u) 'Sub-division'. 'Sub-division' means a sub-division of a district.

[Clauses (v) and (w) of Subsection (1) of Section 4 omitted by Law Reform Ordi. 1972.]

Province of Punjab

Omission of clauses (e) (v) & (w) by Law Reforms Ordinance 1972. item No. 1 enforced w.e.f. 26.12.1975

vide No. Judl. 1-3(2)/75 dated 26.12.1975.

(2) Words referring to acts. Words which refer to acts done, extend also to illegal omission; and

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Words to have same meaning as in Pakistan Penal Code. All words and expression used herein and

defined in the Pakistan Penal Code, and not hereinbefore defined, shall be deemed to have the meanings

respectively attributed to them by the Code.

5. Trial of offences under Penal Code. (1) All offences under the Pakistan Penal Code shall be

investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter

contained.

(2) Trial of offences against other laws. All offences under any other law shall be investigated, inquired

into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the

time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise

dealing with such offences.

PART II - CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES -

CHAPTER II - OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES

A. Classes of Criminal Courts

[6. Classes of Criminal Courts and Magistrates:--

(1) Besides the High Courts 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.

(3) Magistrates of the third class.

(4) Special Judicial Magistrate.

(ii) Executive Magistrates:-

(1) District Magistrates.

(2) Additional District Magistrates.

(3) Sub-Divisional Magistrates.

(4) Special Executive Magistrates.']

[(5) Magistrates of the first class.

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(6) Magistrates of the second class.

(7) Magistrates of the third class.]

B. Territorial Divisions

7. Sessions divisions and districts. (1) Each Province shall consist of session; and every session divisions

shall, for the purposes of this Code, be a district or consist of districts.

(2) Power to alter divisions and districts. The Provincial Government may alter the limits or the number

of such divisions and districts.

(3) Existing divisions and districts. The sessions divisions and districts existing when this Code comes

into force shall be sessions divisions and districts respectively, unless and until they are so altered.

8. Power to divide districts into sub-divisions. (1) The Provincial Government may divide any district

into sub-divisions, or make any portion of any such district a sub-division, and may alter the limits of any

sub-division.

(2) Existing sub-divisions maintained. All existing sub-divisions which are now usually put under the

charge of a Magistrate shall be deemed to have been made under this Code.

C. Courts and Offices

9. Court of Sessions. (1) The Provincial Government shall establish a Court of Session for every session

division, and appoint a judge of such Court.

(2) The Provincial Government may, by general or special order in the official Gazette, direct at what place

or places the Court of Session shall hold its sitting; but until such order is made, the Court of Session shall

hold their sittings as heretofore.

(3) The Provincial Government may also appoint Additional Sessions Judges and Assistant Session Judges

to exercise jurisdiction in one or more such Courts.

(4) Sessions Judge of one sessions division may be appointed by the Provincial Government to be also an

Additional Session Judge of another division, and in such case he may sit for the disposal of cases at such

place or places in either division as the Provincial Government may direct.

(5) All Courts of Session existing when this Code comes into force shall be deemed to have been

established under this Act.

[10. District Magistrate:

(1) In every district the Provincial Government shall appoint a District Magistrate

(2) The Provincial Government may also appoint Additional District Magistrate 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.]

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[(3) For the purposes of section 192, sub-section (1) and section [407, sub-section (2) such Additional

District Magistrate shall be deemed to be subordinate to the District Magistrate].

District Magistrate- District Magistrate is not one of the Courts established under Cr.P.C. District

Magistrate occupies dual position, he is the Chief Executive, Incharge of the administration of the District

and as Magistrate of the First Class, he may exercise the powers conferred upon such Magistrate by the

Cr.P.C. PLD 1988 Lah 352

Additional District Magistrate-District Magistrate a/one authorised by legislature to do certain acts.

Additional District Magistrate is not empowered to exercise District Magistrate's power under S. 10(2),

Cr.P.C. PLD 1958 Dacca 425. However, Additional District Magistrate is competent to exercise powers

even after his transfer to some equal or higher office in same local area. PLD 1962 Lah 939.

11. Officers temporarily succeeding to vacancies in office of District Magistrate. Whenever in

consequence of, the office of a District Magistrate becoming vacant, any officer succeeds temporarily to

the chief executive administration of the district, such officer shall, pending the orders of the Provincial

Government, exercise all the powers and perform all the duties respectively conferred and imposed by the

Code on the District Magistrate.

Additional Deputy Commissioner-Additional Deputy Commissioner as Chief Executive of District and

Magistrate 1st Class can pass order under S. 144(1). 1980 P.Cr.L.J.851.

12. [Subordinate] Magistrates. (1) The Provincial Government may appoint as many persons as it thinks

fit [***] to be Magistrates of the first, second or third class in any district and may from time to time,

define local areas within which such persons may exercise all or any of the powers with which they may

respectively be invested under this Code.

(2) Local limits of their jurisdiction. Except as otherwise provided by such definition, the jurisdiction and

powers of such persons shall extend throughout such district.

[Province of Balochistan. The Government of Balochistan has fixed the limits of territorial jurisdiction for

the Judicial Magistrates appointed in each Sessions Division to be the same as the territorial limits of the

Sessions Divisions fixed vide Notification No.US(Judl)5(7)/87/674-716, dated the 28th February, 1994.

2. The Judicial Magistrate(s) appointed in a Session Division shall have the jurisdiction throughout that

Division subject to the powers conferred upon them under section 12 of the Code of Criminal Procedure,

1898, as amended by the Law Reforms Ordinance, 1972, and further amended by the Law Reforms

(Amendment) Ordinance, 1996, (XL of 1996).

3. Wherever, in any of the Sessions Divisions the number of Judicial Magistrates is more than one, the

Sessions Judge of the Division, shall distribute the business amongst the Judicial Magistrates. (Gazette

Extra dated 22nd March, 1996, PLD 1997 Bal. St. 5)].

Jurisdiction of Magistrate. Jurisdiction of Magistrate extends throughout District unless restricted by

order. [71 DLR 839] It is essential that offence must be shown to be triable by Magistrate in the Schedule.

[1972 P.Cr.L.J. 233]

Balochistan Province-See Notification No.US (Judl)4(10)/94/Vol.I, dated 22.3.1996. For text see Cr.P.C.

by the same Author. .

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13. Power to put [Magistrate] in charge of sub-division. (1) The Provincial Government may place any

[Executive Magistrate] in charge of a sub-division, and relieve him of the charge as occasion requires.

(2) Such Magistrates shall be called Sub-Division Magistrates.

(3) Delegation of powers to District Magistrate. The Provincial Government may delegate its powers

under this section to the District Magistrate.

[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.

(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 Magistrate for particular areas or for

performance of particular functions and confer upon them 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 powers

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 the performance by 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 subsection (3).']

15. Benches of Magistrates. (1) The Provincial Government may direct any two or more [Judicial

Magistrates] in any place to sit together as a Bench, and may by order invest such Bench with any of the

powers conferred or conferrable by or under this Code on Magistrate of the first, second or third class, and

direct it to exercise such powers in such cases, or such classes only, and within such local limits, as the

Provincial Government thinks fit.

(2) Powers exercisable by Bench in absence of special direction. Except as otherwise provided by any

order under this section every such Bench shall have the powers conferred by this Code on a Magistrate of

the highest class to which any one of its members, who is present taking part in the proceedings as a

member of the Bench, belongs, and as for as practicable shall, for the purposes of this Code, be deemed to

be a Magistrate of such class.

16. Power to frame rules for guidance of Benches. The Provincial Government may '........ from time to

time, make rules consistent with this Code for the guidance of Magistrates, Benches in any district

respecting the following subjects:

(a) the classes of cases to be tried:

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(b) the times and places of sitting;

(c) the constitution of the Bench for conducting trials;

(d) the mode of settling differences of opinion which may arise between the Magistrates in session.

17. ['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,

(2) Subordination of Executive Magistrates to District Magistrate. All Executive Magistrates appointed

under section i3[i2] 13 and 14 shall be subordinate to the District Magistrate 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.

(2-A) Subordination of Executive Magistrates to Sub-Divisional Magistrate.-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',]

(3) Subordination of Assistant Sessions Judges to Sessions Judge. All Assistant Judges shall be subordinate

to the Session Judge in whose Court they exercise jurisdiction, and he may, from time to time, make rules

consistent with his Code as to the distribution of business among such, Assistant Sessions Judges.

(4) The Session Judge may also when he himself is unavoidably absent or incapable of acting, make

provision for the disposal of any urgent application by an Additional or Assistant Sessions Judge ...... and

such Judge . .. . shall have jurisdiction to deal with any such application.

D. Courts of Presidency Magistrates

18 to 21. Appointment of Presidency Magistrates. Benches Local limits of jurisdiction, Chief Presidency

Magistrate. Omitted by A.O., 1949 Sch.

E-Justice of the Peace

[22. A Provincial Government so far as regards the territories subject to its administration may by

notification in the official Gazette, appoint such persons resident within Pakistan and not being the subjects

of any foreign State as it thinks fit to be justices of the Peace within and for the local area mentioned in

such notification.]

Punjab Amendment

[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 and 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.

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22-A. Powers of Justice of the Peace. (1) A Justice of the Peace for any local area shall, for the purpose of

making an arrest, have within such area all the powers of a Police Officer referred to in section 54 and 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 subsection (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 rearrest

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 tranquillity.

(4) Where a member of the police force on duty has been called upon to render aid under subsection (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.

22-B. 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 officer in charge of the nearest policestation.

(b) if the offence referred to in clause (a) is a cognizable offence, also prevent the removal of any thing

from, or the interference in any way with, the place of occurrence of the offence;

(c) when so required 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 making such an investigation.

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(ii) record any statement made under expectation of death by a person in respect of whom a crime is

believed to have been committed'.]

23 & 24. Justice of the Peace for the Presidency-towns. Present Justices of the Peace. Rep. by the

Criminal Law Amendment Act, 1923 (XII of 1923) S. 4.

25. Ex-officio Justice of the Peace. In virtue of their respective offices, the Judges of the High Courts are

Justice of the Peace within and for the whole of Pakistan, Sessions Judges and District Magistrates are

Justices of the Peace within and for the whole of the territories administered by the Provincial Government

under which they are serving.

F. Suspension and Removal

26 & 27. Suspension and removal of Judges and Magistrates. Suspension and removal of Justices of the

Peace. Rep. by A.O., 1937.

CHAPTER III

POWERS OF COURTS

A. Description of offences cognizable by each Court

28. Offences under Penal Code. Subject to the other provisions of this Code any offence under the

Pakistan Penal Code may be tried:

(a) by the High Court; or

(b) by the Courts of Sessions; or

(c) by any other Court by which such offence is shown in the eighth column of the second schedule to be

triable; [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.]

Illustration

A is [tried by] the Session Court on a charge of culpable homicide. He may be convicted of voluntarily

causing hurt, an offence triable by a Magistrate.

29. Offences under other laws. (1) Subject to the other provisions of this Code, any offence under any

other law shall when any Court is mentioned in this behalf in such law, be tried by such Court.

(2) When no Court is so mentioned, it may be tried by the High Court or subject as aforesaid by any

Court constituted under this Code by which such offences shown in the eight column of the second

schedule to be triable; (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.]

29-A. Trial of European British subjects by second and third class Magistrates. Omitted by the

Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (II of 1950).

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[29-B. Jurisdiction of the case of juveniles. Any offence, other than one punishable with death or

transportation for life, committed by any person who at the date when he appears or is brought before the

Court is under the age of fifteen years, may be tried by a District Magistrate or by any Magistrate specially

empowered by the Provincial Government to exercise the powers conferred by section 8, sub-section (1),

of the Reformatory Schools Act 1897 or, in any area in which the said Act has been wholly or in part

repealed by any other law providing for the custody, trial or punishment youthful offenders, by any

Magistrate empowered by or under such Saw to exercise all or any of the powers conferred thereby].

30. Offences not punishable with death. In the Punjab, the North-West Frontier, in Sind and in those

parts of the Provinces in which there are Deputy Commissioners or Assistant Commissioners the

Provincial Government may, notwithstanding anything contained in [sections 28 and 29. invest any

Judicial] District Magistrate or any Magistrate of the first class with power to try as a Magistrate ail

offences not punishable with death.

B. Sentences which may be passed Courts of various Classes

31. Sentences which High Courts and Session Judges may pass. (1) A High Court may pass any

sentence authorized by law.

(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorized by law; but any

sentence of death passed by any such Judge shall be subject to confirmation by the High Court.

(3) An Assistant Sessions Judges may pass any sentence authorized by law, except a sentence of death or

of 24[imprisonment for a term exceeding seven years].

32. Sentence which [Magistrate] may pass. (1) The Courts of [Judicial Magistrates] may pass the

following sentences namely:

(a) Courts of Magistrates of the first class; Imprisonment for a term not exceeding [three years], including

such solitary confinement as Is authorized by law; Pine not exceeding [fifteen] thousand rupees [arsh,

daman} Whipping.

(b) Courts of Magistrates of the second class; Imprisonment for a term not exceeding one year,including

such solitary confinement as is authorized by law; Fine not exceeding (five)thousand rupees,

(c) Courts of Magistrates of the third class; Imprisonment for a term not exceeding one month;Fine not

exceeding (one thousand) rupees.

(2) The Courts of any Magistrate may pass any lawful sentence, combining any of the sentences which it is

authorized by law to passs.

33. Power of Magistrates to sentence to imprisonment in default of fine. (1) The Court of any

Magistrate may award such terms of imprisonment in default of payment of fine as is authorized by law in

case of such default; Provided that:

Proviso as to certain cases.

(a) The term is not in excess of the Magistrate's powers under this Code:

(b) In any case decided by a Magistrate where imprisonment has been awarded as part of the substantive

sentence the period of imprisonment awarded in default of payment of the fine shall not exceed one fourth

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of the period of imprisonment which such Magistrate is competent to inflict as punishment for the offence

otherwise than as imprisonment in default of payment of the fine.

(2) The imprisonment awarded under this section may be in addition to a substantive sentence of

imprisonment for the maximum term awardable by the Magistrate under section 32.

[34. Higher powers of certain District Magistrates. The Court of a Magistrate, specially empowered

under section 30, may pass any sentence authorized by Saw, except a sentence of death or.....

Imprisonment for a term exceeding seven years.]

34-A. (Sentences which Court and Magistrates may pass upon European British subjects]. Omitted

by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (11 of 1950),Sch.

35. (1) Sentence in case of conviction of several offences at one trial. When a person is convicted at one

trial of two or more offences, the Court may, subject to the provisions of section 71 of the Pakistan Penal

Code sentence him, for such offences, to the several punishments prescribed therefore which such Court is

competent to inflict; such punishments when consisting of imprisonment 34...... to commence the one after

the expiration of the other in such order as the Court may direct, unless the Court directs that such

punishments shall run concurrently.

(2) In the case of consecutive sentences, it shall not be necessary for the Court, by reason only of the

aggregate punishment for the several offences being in excess of the punishment which it is competent to

inflict on conviction of a single offence, to send the offender for trial before a higher Court; Provided as

follows:

Maximum term of punishment.

(a) in no case shall such person be sentenced to imprisonment for a longer period than fourteen years;

(b) if the case is tried by a Magistrate, as....... the aggregate punishment shall not exceed twice the amount

of punishment which he is, in the exercise of his ordinary jurisdiction, competent to inflict.

(3) For the purpose of appeal, the aggregate of consecutive sentences passed under this section in case of

convictions for several offences at one trial shall be deemed to be a single sentence.

C. Ordinary and Additional Powers

36. Ordinary powers of Magistrates. All ^[Judicial and Executive Magistrates] have the powers

hereinafter respectively conferred upon them and specified in the third schedule Such powers are called

their 'ordinary powers'.

37. 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 authorize a District Magistrate to invest any

Magistrate subordinate to him with any of the powers specified in Part 11 of the Fourth Schedule.']

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38. Control of District Magistrates investing power. The powers conferred on the District Magistrate by

section 37 shall be exercised subject to the control of the Provincial Government.

D. Conferment, Continuance and Cancellation of Powers

39. Mode of conferring powers. (1) In conferring powers under this Code the Provincial Government may

by order, empower persons specially by name or in virtue of their office or classes of officials generally by

their official title.

(2) Every such order shall take effect from the date on which it is communicated to the person so

empowered.

40. Powers of officers appointed. Whenever any person holding an office in the service of Government

who has been invested with any powers under this Code throughout any local area is appointed to an equal

or higher office of the same nature, within a like local area under the same Provincial Government, he

shall, unless the Provincial Government otherwise directs, or has otherwise directed, exercise the same

powers in the local area in which he is so appointed.

41. Powers may be cancelled. (1) The Provincial Government may withdraw all or any of the powers

conferred under this Code on any person by it or by any officer subordinate to it; ('provided that, in the

case of Judicial Magistrate, the withdrawal of such persons shall not be made except on the

recommendation of the High Court.']

(2) Any powers conferred by the District Magistrate may be withdrawn by the District Magistrate.

PART III - GENERAL PROVISIONS

CHAPTER IV

OF AID AND INFORMATION TO THE MAGISTRATES, THE POLICE AND PERSONS

MAKING ARRESTS

42. Public when to assist Magistrate and police. Every person is bound to assist a Magistrate ''I, Justice

of Peace] or police-officer reasonably demanding his aid:

(a) in the taking or preventing the escape of any other person whom such Magistrate or police-officer is

authorized to arrest;

(b) in the prevention or suppression of a breach of the peace, or in the prevention of any injury attempted to

be committed to any railway, canal, telegraph or public property,

43. Aid to person, other than police-officer, executing warrant. When a warrant is directed to a person

other than a police-officer, any other person may aid in the execution of such warrant, if the person to

whom the warrant is directed be near at hand and acting in the execution of the warrant.

[44. Public to give information of certain offences. (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, 121 A, 122, 123,123 124, 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 shall lie upon the person so aware, forthwith give information to

the nearest Magistrate [, Justice of the Peace,] or police-officer of such commission or intention; and]

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(2) For the purposes of this section the term, 'offence' includes any act committed at any place out of

Pakistan which would constitute an offence if committed in Pakistan.

45. Village-headmen, accountant, landholders and others bound to report certain matters. (1) Every

village-headman, accountant, village-accountant, village watchman, village police-officer, owner or

occupier of land, and the agent of any such owner or occupier in charge of the management of that land

and every officer employed in the collection of revenue or rent of land on the part of the Government or the

Court of Wards, shall forthwith communicate to the nearest Magistrate [or Justice of Peace] or the officer

in charge of the nearest police-station whichever is the nearer, any information which he may possess

respecting:

(a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in any

village of which is headman, accountant, watchman or police-officer, or in which he owns or occupies

land, or is agent, or collects revenue or rent;

(b) the resort to any place within, or the passage through, such village of any person whom he knows, or

reasonably suspects to be a thug, robber, escaped convict or proclaimed offender;

(c) the commission of, or intention to commit, in or near such village any non-bailable offence or any

offence punishable under sections 143, 144, 145, 147 or 148 of the Pakistan Penal Code;

(d) the occurrence in or near such village or any sudden or unnatural death or of any death under suspicious

circumstances; or the discovery in or near such village of any corpse or part of a corpse, in circumstances

which lead to a reasonable suspicion that such a death has occurred or the disappearance from such village

of any person in circumstances which lead to a reasonable suspicion that a non-bailable offence has been

committed in respect of such person;

(e) the commission of, or intention to commit, at any place out of Pakistan near such village any act which,

if committed in Pakistan would be an offence punishable under any of the following sections of the

Pakistan Penal Code, namely, 231, 232, 233, 234, 235,236,237,238,302, 304,382,392,393, 394, 395, 396,

397. 398, 399, 402, 435, 436, 449, 450, 457, 458, 459, 460, 489A, 489B, 489C and 489D;

(f) any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or

property respecting which the District Magistrate, by general or special order made with the previous

sanction of the Provincial Government has directed him to communicate information.

(2) In this section:

(i) 'village' includes village-lands; and

(ii) the expression 'proclaimed offender' includes any person proclaimed as an offender by any Court or

authority established or continued by the Central Government in any part of Pakistan, in respect of any act

which if committed in Pakistan, would be punishable under any of the following sections of the Pakistan

Penal Code, namely 302,304, 382, 392, 393,394.395,396, 397, 398, 399, 402,435,436, 449, 450, 457, 458,

459 and 460.

(3) Appointment of village-headmen by District Magistrate or Sub-Divisional Magistrate in certain cases

for purposes of this section. Subject to rules in this behalf to be made by the Provincial Government the

District Magistrate or Sub-Divisional Magistrate may from time to time appoint one or more persons with

his or their consent to perform the duties of a village-headman under this section whether a villageheadman

has or has not been appointed for that village under any other law.