Code of Criminal Procedure, 1898 PAKISTAN , SECTION 46 TO 118

Code of Criminal Procedure, 1898 PAKISTAN , 
SECTION 46 TO 118
CHAPTER V - OF ARREST, ESCAPE AND RETAKING

A Arrest generally

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46. Arrest how made. (1) In making an arrest the police-officer or other person making the same shall

actually touch or confine the body of the person to be arrested, unless there be a submission to the custody

by word or action.

(2) Resisting endeavor to arrest. If such person forcibly resists the endeavor to arrest him or attempts to

evade the arrest, such police-officer or other person may use all means necessary to effect the arrest.

(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence

punishable with death or with [imprisonment for life.]

47. Search of place entered by person sought to be arrested. If any person acting under a warrant of

arrest, or any police-officer having authority to arrest, has reason to believe that the person to be arrested

has entered into, or is within, any place, the person residing in, or being in charge of such place shall, on

demand of such person acting as aforesaid or such police-officer, allow him free ingress thereto, and afford

all reasonable facilities for a search therein.

48. Procedure where' ingress not obtainable. If ingress to such place cannot be obtained under section

47 it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may

issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a

police-officer to enter such place and search therein, and in order to effect an entrance into such place, to

break open any outer or inner door or window of any house or place, whether that of the person to be

arrested or of any other person, if after notification of his authority and purpose, and demand of admittance

dully made, he cannot otherwise obtain admittance.

Breaking open zanana. Provided that if any such place is an apartment in the actual occupancy of a woman

(not being the person to be arrested) who, according to custom, does not appear in public such person or

police-officer shall, before entering such apartment, give notice to such woman that she is at liberty to

withdraw and shall afford her every reasonable facility for withdrawing, and may then break open the

apartment and enter it.

49. Power to break open doors and windows for purposes of liberation. Any police-officer or other

person authorized to make an arrest may break open any outer or inner door or window of any house or

place in order to liberate himself or any other person who, having lawfully entered for the purpose of

making an arrest, is detained therein.

50. No unnecessary restraint. The person arrested shall not be subjected to more restraint than is

necessary to prevent his escape.

51. Search of arrested persons. Whenever a person is arrested by a police-officer under a warrant which

does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the

person arrested cannot furnish bail, and

whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally

be admitted to bail, or is unable to furnish bail,

the officer making the arrest or, when the arrest is made by a private person, the police-officer to whom he

makes over the person arrested, may search such person, and place in safe custody all articles, other than

necessary wearing-apparel, found upon him.

52. Mode of searching woman. Whenever it is necessary to cause a woman to be searched, the search

shall be made by another woman, with strict regard to decency.

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53. Power to seize offensive weapons. The officer or other person making any arrest under this Code may

take from the person arrested any offensive weapons which he has about his person, and shall deliver all

weapons so taken to the Court or officer before which or whom the officer or person making the arrest is

required by this Code to produce the person arrested,

B. Arrest without warrant

54. When police may arrest without warrant. (1) Any police-officer may, without an order from a

Magistrate and without a warrant, arrest:

Firstly, any person who has been concerned in 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 been so concerned;

Secondly, any person having in his possession without lawful excuse, the burden of proving which excuse

shall lie on such person, any implement of house-breaking;

Thirdly, any person who has been proclaimed as an offender either under this Code or by order of the

Provincial Government;

Fourthly, any person in whose possession anything is found which may reasonably be suspected to be

stolen property and who may reasonably be suspected of having committed an offence with reference to

such thing;

Fifthly, any person who obstructs a police-officer while in the execution of his duty or who has escaped, or

attempts to escape from lawful custody;

Sixthly, any person reasonably suspected of being a deserter from the armed forces of Pakistan [****];

Seventhly, any person who has been concerned in, or against whom a reasonable complaint has been made

or credible information has been received or a reasonable suspicion exists of his having been concerned in,

any act committed at any place out of Pakistan which, if committed in Pakistan, would have been

punishable as an offence and, for which he is, under any law relating to extradition or [****] otherwise,

liable to be apprehended or detained in custody in Pakistan.

Eightly, any released convict committing a breach of any rule made under section 565, sub-section (3);

Ninethly, any person for whose arrest a requisition has been received from another police officer, provided

that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is

to be made and it appears there from that the person might lawfully be arrested without a warrant by the

officer who issued the requisition.

55. Arrest of vagabonds, habitual robbers, etc. (1) Any officer in charge of a police station may, in like

manner, arrest or cause to be arrested:

(a) any person found taking precautions to conceal his presence within the limits of such station, under

circumstances which afford reason to believe that he is taking such precautions with a view to committing

a cognizable offence; or

(b) any person within the limits of such station who has no ostensible means of subsistence, or who cannot

give a satisfactory account of himself; or

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(c) any person who is by repute an habitual robber, house-breaker or thief, or an habitual receiver of stolen

property knowing it to be stolen, or who by repute habitually commits extortion or in order to the

committing of extortion habitually puts or attempts to put person in fear of injury.

56. Procedure when police-officer deputes subordinate to arrest without warrant (1) When any

officer incharge of a police station or any police-officer making an investigation under Chapter XIV

requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any

person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the

arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the

arrest is to be made. The officer so require shall, before making the arrest, notify to the person to be

arrested the substance of the order and, if so required by such person, shall show him the order.

57. Refusal to give name and residence. (1) When any person who in the presence of a police-officer has

committed or has been accused of committing a non-cognizable offence refuses, on demand of such

officer, to give his name and residence or gives a name or residence which such officer has reason to

believe to be false, he may be arrested by such officer in order that his name or residence may be

ascertained.

(2) When the true name and residence of such person have been ascertained, he shall be released on his

executing a bond, with or without sureties, to appear before a Magistrate [having jurisdiction] if so

required:

Provided that, if such person is not resident in Pakistan, the bond shall be secured by a surety or sureties

resident in Pakistan.

(3) Should the true name and residence of such person be not ascertained within twenty-four hours from

the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he

shall forthwith be forwarded to nearest Magistrate having Jurisdiction.

58. Pursuit of offenders into other jurisdictions. A police-officer may, for the purpose of arresting

without warrant any person whom he is authorized to arrest under this Chapter, pursue such person into

any place in Pakistan.

Explanation. In this section 'police officer includes a police officer acting under this Code as in Azad

Jammu & Kashmir.]

59. Arrest by private persons and procedure on such arrest. (1) Any private person may arrest any

person who in his view commits a non-bailable and cognizable offence, or any proclaimed offender, and

without unnecessary delay, shall make over any person so arrested to a police-officer or, in the absence of a

police-officer, take such person or causes him to be taken in custody to the nearest police-station.

(2) If there is reason to believe that such person comes under the provisions of section 54, a police-officer

shall re-arrest him.

(3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the

demand of a police-officer to give his name and residence, or gives a name or residence which such officer

has reason to believe to be false, he shall be dealt with under the provisions of section 57. If there is no

sufficient reason to believe that he has committed any offence, he shall be at once released.

60. Person arrested to be taken before Magistrate or officer in charge of police-station. A policeofficer

making an arrest without warrant shall, without, unnecessary delay and subject to the provisions

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herein contained as to bail, take and send the person arrested before a Magistrate having jurisdiction in the

case or before the officer in charge of a police-station.

61. Person arrested not be detained more than twenty four hours. No police-officer shall detain in

custody a person arrested without warrant for a longer period than under all the circumstances of the case is

reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167,

exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the

Magistrate's Court.

62. Police to report apprehensions. Officers in charge of police station shall report, to the District

Magistrate, or, if he so directs, to the Sub-Divisional Magistrate, the cases of all person arrested without

warrant, within the limits of their respective station, whether such persons have been admitted to bail or

otherwise.

63. Discharge of person apprehended. No person who has been arrested by a police-officer shall be

discharged except on his own bond, or on bail, or under the special order of a Magistrate.

64. Offence committed in Magistrate's presence. When any offence is committed in the presence of a

Magistrate within the local limits of his jurisdiction he may himself arrest or order any person to arrest the

offender, and may thereupon, subject to the provision herein contained as to bail commit the offender to

custody.

65. Arrest by or in presence of Magistrate. Any Magistrate may at any time arrest or direct the arrest, in

his presence, within the local limits of his jurisdiction, of any person for whose arrest he is competent at

the time and in the circumstances to issue a warrant.

66. Power, on escape, to pursue and retake. If a person in lawful custody escapes or is rescued, the

person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place

in Pakistan.

67. Provisions of escape, to sections 47, 48 and 49 to apply to arrest under section 66. The provisions

of sections 47, 48 and 49 shall apply to arrest under section 66, although the person making any such arrest

is not acting under a warrant and is not police-officer having authority to arrest.

CHAPTER VII - OF PROCESS TO COMPEL THE PRODUCTION OF DOCUMENTS AND

OTHER MOVABLE PROPERTY AND FOR THE DISCOVERY OF PERSONS WRONGFULLY

CONFINED

A. Summons to produce

94. Summons to produce document or other thing. (1) Whenever any Court, or any officer in charge of

a police station considers that the production of any document or other thing is necessary or desirable for

the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such

Court or officer, such Court may issue a summons, or such officers a written order, to the person in whose

possession or power such document or thing is believed to be, requiring him to attend and produce it, or to

produce it, at the time and place stated in the summons or order:

Provided that no such officer shall issue any such order requiring the production of any document or other

thing which is in the custody of a bank or banker as defined in the Bankers' Books Evidence Act, 1891

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(XVIII of 1891) and relates, or might disclose any information which relates to the bank account of any

person except.

Punjab Amendment: [Provided that no officer shall issue any such order requiring the production of any

document or other thing which is in the custody of a bank or banker as defined in the Banker Books

Evidence Act, 1891 (XVIII of 1891) and relates or might disclose any information which relates, to bank

account of any person except with the prior permission In writing of the High Court or the Sessions Judge

within whose jurisdiction such bank or banker, as the case may be, is situated or carries on business.]

(2) Any person required under this section merely to produce a document or other thing shall be deemed to

have complied with the requisition if he causes such document or thing to be produced instead of attending

personally to produce the same.

(3) Nothing in this section shall be deemed to affect the Evidence Act, 1872, section 123 and 124, or to

apply to a letter, postcard, telegram, or other document or any parcel or thing in the custody of the Postal or

Telegraph authorities.

(a) for the purpose of investigating an offence under sections 403, 406, 408 and 409 and section 421 to 424

(both inclusive) and section 465 to 447-A (both inclusive) of the Pakistan Penal Code, with the prior

permission in writing of a Sessions Judge; and

(b) in other cases, with the prior permission in writing of the High Court.

95. Procedure as to letters and telegraphs. (1) If any document, parcel or thing in such custody is, in the

opinion of any District Magistrate, High Court or Court of Sessions, wanted for the purpose of any

investigation, inquiry trial or other proceeding under this Code, such Magistrate or Court may require the

Postal or Telegraph authorities, as the case may be to deliver such document, parcel or thing to such person

as such Magistrate or Court directs.

(2) If any such document, parcel or thing is, in the opinion of any other Magistrate, or District

Superintendent of Police, wanted for any such purpose, he may require the Postal or Telegraph

Department, as the case may be, to cause search to be made for and to detain such document, parcel or

thing pending the orders of any such District Magistrate, or Court.

B. Search warrants

96. When search warrant may be issued. (1) Where any Court has reason to believe that a person to

whom a summons or order under section 94 or a requisition under section 95, sub-section (1), has been or

might be addressed, will not or would not produce the document or thing as required by such summons or

requisition.

or where such documents or thing is not known to the Court to be in the possession of any person,

or where the Court considers that the purposes of any inquiry, trial or other proceeding under this Code

will be served by a general search or inspection.

it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in

accordance therewith and the provisions hereinafter contained.

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(2) Nothing herein contained shall authorize any Magistrate other than a District Magistrate to grant a

warrant to search for a document, parcel or other thing in the custody of the Postal or Telegraph

authorities.

97. Power to restrict warrant. The Court may, if it thinks fit, specify in the warrant the particular place or

part thereof to which only the search or inspection shall extend; and the person charged with the execution

of such warrant shall then search or inspect only the place or part so specified.

98. Search of house suspected to contain stolen property, forged documents, etc. (1) If a District

Magistrate, Sub-Divisional Magistrate, or Magistrate of the first class, upon information and after such

inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen

property,

or for the deposit or sale or manufacture of forged documents, false seals or counterfeit stamps, i5[bank

notes, currency notes or coins, or instruments or materials for counterfeiting coins stamps, bank notes or

currency notes] or for forging.

or that any forged documents, false seals or counterfeit stamps [bank note currency notes or coins or

instruments or materials used for counterfeiting coins, stamps, bank notes or currency notes] or for forging,

are kept or deposited in any place.

or for the deposit, sale, manufacture or production of any obscene object such as is referred to in section

292 of the Pakistan Penal Code or that any such obscene objects are kept or deposited in any place;

he may by his warrant authorize any police-officer above the rank of a constable-

(a) to enter, with such assistance as may be required, such place, and

(b) to search the same in manner specified in the warrant, and

(c) to take possession of any property, documents, seals, stamps, 17(bank notes, currency notes] or coins

therein found which he reasonably suspects to be stolen, unlawfully obtained, forged, false or counterfeit,

and also of any such instruments and materials or of any such obscene objects as aforesaid, and

(d) to convey such property, documents, seals, stamps, [bank notes, currency notes], coins, instruments, or

materials or such obscene objects before a Magistrate, or to guard the same on the spot until the offender is

taken before a Magistrate, or otherwise to dispose thereof in some place of safety, and

(e) to take into custody and carry before a Magistrate every person found in such place who appears to

have been privy to the deposit, sale or manufacture or keeping of any such property, documents seals, or

stamps, (bank notes, currency] notes coins, instruments or materials [or such obscene objects] knowing of

having reasonable cause to suspect the said property to have been stolen or otherwise unlawfully obtained,

or the said documents, seals, stamps, bank notes, currency notes, coin, instruments or materials, to have

been forged, falsified or counterfeited, or the said instruments or materials have been or to be intended to

be used for counterfeiting coin, stamps, bank notes, or currency notes or for forging 2o[or the said obscene

objects to have been or to be intended to be sold, let to hire, distributed, publicly exhibited, circulated,

imported or exported].

(2) The provisions of this section with respect to:

(a) counterfeit coin,

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(b) coin suspected to be counterfeit, and

(c) instruments or materials for counterfeiting coin. shall, so far as they can be made applicable, apply

respectively to:

(a) pieces of metal made in contravention of the Metal Tokens Act, 1889, or brought into Pakistan in

contravention of any notification for the time being in force under 21 [section 16 of the Customs Act,

1969].

(b) pieces or metal suspected to have been so made or to have been so brought into Pakistan or to be

intended to be issued in contravention of the former, of those Acts, and

(c) instruments or materials for making pieces of metal in contravention of that Act.

99. Disposal of things found in search beyond jurisdiction. When, in the execution of a search-warrant

at any place beyond the local limits of the jurisdiction of the Court which issued the same, any of the things

for which search is made, are found, such things, together with the list of the same prepared under the

provisions hereinafter contained, shall be Immediately taken before the Court issuing the warrant, unless

such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case the list

and things shall be immediately taken before such Magistrate; and, unless there be good cause to the

contrary, such Magistrate shall make an order authorizing them to be taken to such Court.

99-A. Power to declare certain publications forfeited and to issue search-warrants for the same. (1)

where:-

(a) any newspaper, or book as defined in the z2[West Pakistan Press and Publication Ordinance, 1963, or

any other law relating to press and publications for the time being in force] or

(b) any document.

Wherever printed, appears to the Provincial Government to contain any treasonable a seditious matter or

any matter which is prejudicial to national integration or any matter which promotes or is intended to

promote feelings of enmity or hatred between different classes of the citizens of Pakistan or which is

deliberately and maliciously intended to outrage the religious feelings of such class by insulting the

religion or the religious beliefs of theat class, [or any matter of the nature referred to in clause (ii) of

subsection (i) of S. 24 of the W.P. Press and Publication Ordinance. 1963) that is to say, any matte the

publication of which is punishable under section 123A or section 124A or section 154A or section 295A

[or S. 298A or S. 298B or S. 298C] of the Pakistan Penal Code, the Provincial Government may, by

notification in the Official Gazette, stating the grounds of its opinion, declare every copy of the issue of the

newspaper containing such matter, and every copy of such book or other document to be forfeited to

Government and thereupon any police-officer may seize the same wherever found in Pakistan and any

Magistrate may by warrant authorize any police-officer not below the rank of sub-inspector to enter upon

and search for the same in any premises where any copy of such issue or any such book or other document

may be reasonably suspected to be.

(2) In sub-section (1) 'document' includes also any painting, drawing or photograph, or other visible

representation.

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99-B. Application to High Court to set aside order of forfeiture. (1) Any person having any interest in

any newspaper, book or other document, in respect of which an order of forfeiture has been made under

section 99-A (or any other law for the time being in force] may, within two months from the date of such

order, apply to the High Court to set aside such order on the ground that the issue of the newspaper, or the

book or other document, in respect of which the order was made, did not contain any treasonable or

seditious or other matter of such a nature as is referred to in sub-section (1) of section 99A.

([2) Nothing is 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 Pakistan; or

(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.]

99-C. [Omitted by Law Reforms Ordinance, 1972, item 39.]

99-D, Order of High Court setting aside forfeiture. (1) On receipt of the application, the [High Court]

shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of

which the application has been made, contained (1) treasonable or seditious or other matter of such a nature

as is referred to in sub-section (1) of section 99A, set aside the order of forfeiture.

(2) (Omitted by Law Reforms Ordinance, 1972, item 40.].

99-E. Evidence to prove nature or tendency of newspapers. On the hearing of any such application with

reference to any. newspaper, any copy of such newspaper may be given in evidence in aid of the proof of

the nature or tendency of the words, signs or visible representations contained in such newspaper, in

respect of which the order of forfeiture was made.

99-F, Procedure in High Court. Every High Court shall, as soon as conveniently may be, frame rules to

regulate the procedure in the case of such applications, the amount of the costs thereof and the execution of

orders passed thereon, and until such rules are framed, the practice of such Courts in proceedings other

than suits and appeals shall apply so far as may be practicable, to such applications.

99-G. Jurisdiction barred. No order passed or action taken under section 99A shall be called in question

in any Court otherwise than in accordance with the provisions of sections 99B.

C. Discovery of persons wrongfully confined

100. Search for persons wrongfully confined. If any Magistrate of the first class or Sub-Divisional

Magistrate has reason to believe that any person is confined under such circumstances that the confinement

amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed

may search for the person so confined and such search shall be made In accordance therewith, and the

person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the

circumstances of the case seems proper.

D. General provisions relating to searches

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101. Direction, etc. of search-warrants. The provisions of sections 43,75,77,79,82, 83 and 84 shall, so far

as may be apply to all search, warrants issued under section 96, section 98, section 99A or section 100.

102. Persons incharge of closed place to allow search. (1) Whenever any place liable to search or

inspection under this Chapter is closed, any person residing in, or being in charge of such place shall, on

demand of the officer or other person executing the warrant, and on production of the warrant, allow him

free ingress thereto, and afford all reasonable facilities, for a search therein.

(2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may

proceed in manner provided, by section 48.

(3) Where any person in or about such place is reasonably suspected of concealing about his person any

article for which search should be made, such person may be searched. If such person is a woman, the

directions, of section 52 shall be observed.

103. Search to be made in presence of witness. (1) Before making a search under this Chapter, the officer

or other person about to make it shall call upon two or more respectable inhabitants of the locality in which

the place to be searched is situate to attend and witness the search and may issue an order in writing to

them or any of them so to do.

(2) The search shall be made in their presence, and a list of all things seized in the course of such search

and of the places in which they are respectively found shall be prepared by such officer or other person and

signed by such witnesses; but no person witnessing a search under this section shall be required to attend

the Court as a witness of the search unless specially summoned by it.

(3) Occupant of place searched may attend. The occupant of the place searched, or some person in his

behalf, shall, in every instance be permitted to attend during the search, and a copy of the list prepared

under this section, signed by the said witness, shall be delivered to such occupant or person at his request.

(4) When any person is searched under section 102, subsection (3), a list of all things taken possession of

shall be prepared, and a copy thereof shall be delivered to such person at his request.

(5) Any person who. without reasonable cause, refuses or neglects to attend and witness a search under this

section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to

have committed an offence under section 187 of the Pakistan Penal Code.

104. Power to impound document etc., produced. Any Court may, if it thinks fit, impound any

document or thing produced before it under this Code.

105. Magistrate may direct search in his presence. Any Magistrate may direct a search to be made in his

presence of any place for the search of which he is competent to issue a search-warrant.

PART IV - PREVENTION OF OFFENCES

CHAPTER VIII - OF SECURITY KEEPING THE PEACE AND FOR GOOD BEHAVIOR

A. Security for keeping the peace on conviction

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106. Security for keeping the peace on conviction. (1) Whenever any person accused of any offence

punishable under Chapter VIII of the Pakistan Penal Code, other than an offence punishable under section

143. section 149, section 153A or section 154 thereof, or of assault or other offence involving a breach of

the peace, or of abetting the same, or any person accused of committing criminal intimidation, is convicted

of such offence before a High Court a Court of Sessions, or the Court of [a District Magistrate, Sub-

Divisional Magistrate or] a Magistrate of the First class, and such Court is of opinion that it is necessary to

require such person to execute a bond for keeping the peace, such Court may, at the time of passing

sentence on such person, order him to execute a bond for a sum proportionate to his means, with or without

sureties, for keeping the peace during such period, not exceeding three years, as it thinks fit to fix.

(2) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.

(3) An order under this section may also be made by an Appellate Court [or by a Court] when exercising

its powers of revision.

B. Security for keeping the peace in other cases and security for good behavior.

107. Security for keeping the peace in other cases. (1) Whenever (a District Magistrate or Sub-

Divisional Magistrate or an Executive Magistrate specially empowered in this behalf by the Provincial

Government or the District Magistrate] of the first class is informed that any person is likely to commit a

breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a

breach of the peace or disturb the public tranquility, the Magistrate if in his opinion there is sufficient

ground for proceeding may, in manner hereinafter provided, require such person to show cause why he

should not be ordered to execute a bond with or without sureties, for keeping the peace for such period not

exceeding [three years] as the Magistrate thinks fit to fix.

(2) Proceedings shall not be taken under this section unless either the person Informed against or the place

where the breach of the peace or disturbance is apprehended, is within the local limits of such Magistrate's

jurisdiction, and no proceedings shall be taken before any Magistrate other than a District Magistrate,

unless both the persons informed against and the place where the breach of the peace or disturbance is

apprehended, are within the local limits of the Magistrate's jurisdiction.

(3) Procedure of Magistrate not empowered to act under sub-section (1). When any Magistrate not

empowered to proceed under sub-section (1) has reason to believe that any person is likely to commit a

breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a

breach of the peace or disturb the public tranquility, and that such breach of the peace or disturbance

cannot be prevented otherwise than by detaining such person in custody, such Magistrate may, after

recording his reason, issue a warrant for his arrest (if he is not already in custody or before the Court), and

may send him before a Magistrate empowered to deal with the case, together with a copy of his reasons.

(4) A Magistrate before whom a person is sent under sub-section (3) may in his discretion detain such

person in custody pending further action by himself under this Chapter.

108. Security for good behavior from persons disseminating seditious matter. Whenever a District

Magistrate [or a Sub-divisional Magistrate or an Executive Magistrate] specially empowered by the

Provincial Government in this behalf, has information that there is within the limits of his jurisdiction any

person who, within or without such limits either orally or in writing or in any other manner intentionally

disseminates or attempts to disseminate, or in anywise abets the dissemination of:

(a) any seditious matter, that is to say, any matter the publication of which is punishable under section

123A or section 124A of the Pakistan Penal Code; or

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(b) any matter the publication of which is punishable under section 153A of the Pakistan Penal Code; or

(c) any matter concerning a Judge which amounts to criminal intimidation or defamation under the

Pakistan Penal Code. Such Magistrate, if in his opinion there is sufficient ground for proceeding may (in

matter hereinafter provided) require such person to show cause why he should not be ordered to execute a

bond; with or without sureties, for his good behavior for period, not exceeding one year, as the Magistrate

thinks fit to fix. No proceedings shall be taken under this section against the editor, proprietor, or publisher

of any publication registered under, [and edited, printed and published] in conformity with the [provisions

of the West Pakistan Press and Publications Ordinance, 1963 or any other law relating to press and

publications for the time being in force] with reference to any matters contained in such publication except

by the order or under the authority of a Provincial Government or some officer empowered by the

Provincial Government in this behalf.

109. Security for good behavior from vagrants and suspected persons. Whenever [a District Magistrate

or Sub-Divisional Magistrate or an Executive Magistrate specially empowered by the Provincial

Government in this behalf] receives information:

(a) that any person is taking precautions to conceal his presence within the local limits of such Magistrate's

jurisdiction, and that there is reason to believe that such person is taking such precautions with a view to

committing any offence, or

(b) that there is within such limits a person who has no ostensible means of subsistence, or who cannot

give a satisfactory account of himself. Such Magistrate may, in manner hereinafter provided, require such

person to show cause why he should not be ordered to execute a bond, with sureties, for his good behavior

for such period, not exceeding 2(three years], as the Magistrate thinks fit to fix.

110. Security for good behavior from habitual offenders. Whenever a District Magistrate, or Subdivisional

Magistrate or a 3[Executive Magistrate] specially empowered in this behalf by the Provincial

Government receives information that any person within the local limits of his jurisdiction;

(a) is by habit a robber, house-breaker, thief, or forger or

(b) is by habit a receiver of stolen property knowing the same to have been stolen, or

(c) habitually protects or harbors thieves or aids in the concealment or disposal of stolen property, or

(d) habitually commits or attempts to commit, or abets the commission of, the offence of kidnapping,

abduction, extortion, cheating or mischief, or any offence punishable under Chapter XII of the Pakistan

Penal Code, or under section 489A, section 489B, section 489C or section 489D of that Code, or

(e) habitually commits, or attempts to commit, or abets the commission of, offences involving a breach of

the peace, or

(f) is so desperate and dangerous as to render his being at large without security hazardous to the

community. Such Magistrate may, in manner hereinafter provided, require such person to show cause why

he should not be ordered to execute a bond, with sureties, for his good behavior for such period, not

exceeding three years, as the Magistrate thinks fit to fix.

111. [Proviso as to European vagrants] Rep. by the Criminal Law Amendment Act, 1923 (XIl of 1023) S.

8.

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112. Order to be made. When a Magistrate acting under section 107, section 108 section 109 or section

110 deems it necessary to require any person to show cause under such section, he shall make an order in

writing, setting forth the substance of the information received, the amount of the bond to be executed, the

term for which it is to be in force, and the number, character and class of sureties (if any) required.

113. Procedure in respect of person present in Court. If the person in respect of whom such order is

made is present in Court, it shall be read over to him, or, if he so desires, the substance thereof shall be

explained to him.

114. Summons or warrant in case of person not so present. If such person is not present in Court, the

Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant

directing the officer in whose custody he is, to bring him before the Court;

Provided that whenever it appears to such Magistrate, upon the report of a police-officer or upon other

information (the substance of which report or information shall be recorded by the Magistrate), that there is

reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be

prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a

warrant for his arrest.

115. Copy of order under section 112 to accompany summons or warrant. Every summons of warrant

issued under section 114 shall be accompanied by a copy of the order made under section 112, and such

copy shall be delivered by the officer serving or executing such summons or warrant to the person served

with, or arrested under the same.

116. Power to dispense with personal attendance. The Magistrate may, if he sees sufficient cause,

dispense with the personal attendance of any person called upon to show cause why he should not be

ordered to execute a bond for keeping the peace, and permit him to appear by a pleader.

117. Inquiry as to truth of information. (1) When an order under section 112 has been read or explained

under section 113 to a person present in Court, or when any person appears or is brought before a

Magistrate in compliance with. or in execution of a summons or warrant, issued under section 114. the

Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and

to take such further evidence as may appear necessary.

(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.]

(3) Pending the completion of the inquiry under sub-section (1) the Magistrate, if he considers that

immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public

tranquility or the commission of any offence or for the public safety, may for reasons to be recorded in

writing, direct the person in respect of whom the order under section 112 has been made to execute a bond,

with or without sureties, for keeping the peace or maintaining good behavior until the conclusion of the

inquiry, and may detain him in custody until such bond is executed or, in default of execution, until the

inquiry is concluded. Provided that:

(a) no person against whom proceedings are not being taken under section 108, section 109, or section 110,

shall be directed to execute a bond for maintaining good behavior, and

(b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or the

number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in

the order under section 112.

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(4) For the purpose of this section the fact that a person is an habitual offender or is so desperate and

dangerous as to render his being at large without security hazardous to the community may be proved by

evidence of general repute or otherwise.

(5) Where two or more persons have been associated together in the matter under inquiry they may be dealt

with in the same or separate inquiries as the Magistrate shall think just.

118. Order to give security. (1) If, upon such inquiry, it is proved that it is necessary for keeping the

peace or maintaining good behavior, as the case may be, that the person in respect of whom the inquiry is

made should execute a bond, with or with sureties, the Magistrate shall make an order accordingly;

Provided:

Firstly, that no person shall be ordered to give security of a nature different from, or of an amount larger

than, or for a period longer than, that specified in the order made under section 112:

Secondly, that the amount of every bond shall be fixed with due regard to the circumstances of the case

and shall not be excessive:

Thirdly, that when the person in respect of whom the inquiry is made is a minor, the bod shall be executed

only by his sureties.