Code of Criminal Procedure, 1898 PAKISTAN , SECTION 161 TO 196

Code of Criminal Procedure, 1898 PAKISTAN , 

SECTION 161 TO 196

161. Examination of witnesses by police. (1) Any police-officer making an investigation under this

Chapter or any police-officer not below such rank as the Provincial Government may. by general or special

order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person

supposed to be acquainted with the facts and circumstances of the case.

(2) Such person shall be bound to answer all questions relating to such case put to him by such officer,

other than questions the answers to which would have a tendency to expose him to a criminal charge or to

a penalty or forfeiture.

(3) The police-officer may reduce Into writing any statement made to him in the course of an examination,

under this section, and if he does so he shall make a separate record of the statement, of each such person

whose statement he records.

162. Statements to police not to be signed: Use of statements in evidence. (1) No statement made by

any person to a police-officer in the course of an investigation under this Chapter shall, if reduced into

writing, be signed by the person making it; nor shall any such statement or any record thereof, whether In a

police-diary or otherwise or any part of such statement or record, be used for any purpose (save as

hereinafter provided) at any inquiry or trial in respect of any offence under investigation at the time when

such statement was made.

Provided that, when any witness is called for the prosecution in such inquiry or trial whose statement has

been reduced into writing as aforesaid, the Court shall on the request of the accused be furnished with a

copy thereof, in order that any part of such statement, if duly proved, may be used to contradict such

witness in the manner provided by 'section 145 of the Evidence Act. 1872. When any part of such

statement is so used, any part thereof may also be used in the re-examination of such witness, but for the

purpose only of explaining any matter referred to in his cross-examination.

Provided, further that, if the Court is of opinion that any part of any such statement is not relevant to the

subject-matter of the inquiry or trial or that its disclosure to the accused is not essential in the interests of

justice and is inexpedient in public interests, it shall record such opinion (but not the reasons therefore) and

shall exclude such part from the copy of the statement furnished to the accused.

(2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of

section 32, clause (1). of the Evidence Act, 1872 [or to affect the provisions of section 27 of that Act].

163. No inducement to be offered. (1) No police-officer or other person in authority shall offer or make,

or cause to be offered or made, any such inducement, threat or promise as is mentioned in the Evidence

Act, 1872, section 24.

(2) But no police-officer or other person shall prevent, by any caution or otherwise, any person from

making in the course of any investigation under this Chapter any statement which he may be disposed to

make of his own free will.

164. Power to record statements and confessions. (1) Any Magistrate of the first class and any

Magistrate of the second class specially empowered in this behalf by the Provincial Government may, if he

is not a police-officer, record any statement or confession made to him in the course of an investigation

under this Chapter or at any time afterwards before the commencement of the inquiry or trial.

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[(1A) 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.]

(2) Such statement shall be recorded in such of the manners hereinafter prescribed for recording evidence

as is, in his opinion, best fitted for the circumstances of the case. Such confessions shall be recorded and

signed in the manner provided in section 364, and statements of confessions shall then be forwarded to the

Magistrate by whom the case is to be inquired into or tried.

(3) A Magistrate shall, before recording any such confession, explain to the person making it that he is not

bound to make a confession and that if he does so it may be used as evidence against him and no

Magistrate shall record any such confession unless, questioning the person making, it, he has reasons to

believe that it was made voluntarily: and, when he records any confession, he shall make a memorandum at

the foot of such record to the following effect: 'I have explained to (name) that he is not bound to make a

confession and that, if he does so, any confession he may make may be used as evidence against him and. I

believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read

over to the person making it and admitted by him to be correct, and it contains a full and true account of

the statement made by him. (Signed} A.B., Magistrate

Explanation. It is not necessary that the Magistrate receiving and recording a confession or statement

should be a Magistrate having jurisdiction in the case.

165. Search by police-officer. (1) Whenever an officer incharge of a police-station or a police-officer

making an investigation has reasonable grounds for believing that anything necessary for the purpose of an

investigation into any offence which he is authorized to investigate may be found In any place within the

limits of the police-station of which he is Incharge, or to which he is attached and that such thing cannot in

his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the

grounds of his belief and specifying in such writing, so far as possible, the thing for which search is to be

made, search or cause search to be made, for such thing in any place within the limits of such station.

[Provided that no such officer shall search, or cause search to be made, for anything which is In the

custody of any bank or banker as defined in the Bankers Books Evidence Act, 1891 (XVIII of 1891), and

relates or might disclose any information which relates, to the bank account of any person except:-

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

(both inclusive) and sections 465 to 477-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.]

(2) A police-officer proceeding under sub-section (1) shall, if practicable, conduct the search in person.

(3) If he is unable to conduct the search in person, and there is no other person competent to make the

search present at the time, he may after recording in writing his reasons for so doing require any officer

sub-ordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing

specifying the place to be searched, and, so far as possible, the thing for which search is to be made: and

such subordinate officer may thereupon search for such things in such place.

(4) The provisions of this Code as to search-warrants and the general provisions as to searches contained in

section 102 and section 103 shall, so far as may be, apply to a search made under this section.

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(5) Copies of any record made under sub-section (1) or sub-section (3) shall forthwith be sent to the nearest

Magistrate empowered to take cognizance of the offence and the owner or occupier of the place searched

shall on application be furnished with a copy of the same by the Magistrate:

Provided that he shall pay for the same unless the Magistrate for some special reason thinks fit to furnish it

free of cost.

Punjab Amendment. In section 165, for proviso to sub-section (1), the following proviso, shall be

substituted namely: ['Provided that no such officer shall search, or cause a search to be made, for anything

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

of 1891) and relates, or might disclose any Information which relates, to the 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.']

166. When officer incharge of police-station may require another to issue search warrant. (1) An

officer incharge of a police-station or a police officer not being below the rank of sub-inspector making an

investigation may require an officer incharge of another police-station, whether in the same or a different

district, to cause a search to be made in any place, in any case in which the former officer might cause such

search to be made, within the limits of his own station.

(2) Such officer, on being so required, shall proceed according to the provisions of section 165, and shall

forward the thing found, if any, to the officer at whose request the search was made.

(3) Whenever there is reason to believe that the delay occasioned by requiring an officer incharge of

another police-station to cause a search to be made under sub-section (1) might result in evidence of the

commission of an offence being concealed or destroyed, it shall be lawful for an officer incharge of a

police-station or a police-officer making an investigation under this Chapter to search, or cause to be

searched, any place in the limits of another police-station, in accordance with the provisions of section 165,

as if such place were within the limits of his own station.

(4) Any officer conducting a search under sub-section (3) shall forthwith send notice of the search to the

officer incharge of the police-station within the limits of which such place is situate, and shall also send

with such notice a copy of the list (if any) prepared under section 103 and shall also send to the nearest

Magistrate empowered to take cognizance of the offence, copies of the records referred in section 165, subsections

(1) and (3).

(5) The owner or occupier of the place searched shall, on application, be furnished with a copy of any

record sent to the Magistrate under sub-section (4):

Provided that he shall pay for the same unless the Magistrate for some special reason thinks fit to furnish it

free of cost.

167. Procedure when investigation cannot be completed in twenty-four hours. (1) Whenever any

person is arrested and detained in custody, and it appears that the investigation cannot be completed within

the period of twenty-tour hours fixed by section 61, and there are grounds for believing that the accusation

or information is well-founded, the officer incharge of the police-station or the police-officer making the

investigation if he is not below the rank of sub-inspector shall forthwith transmit to the [nearest Magistrate]

a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time

forward the accused to such Magistrate.

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[Explanation:- For this 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

Magistrate.]

(2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has

not jurisdiction to try the case from time to time authorize the detention of the accused in such custody as

such Magistrate thinks fit, for a term not exceeding fifteen days in the whole. If he has not jurisdiction to

try the case or [send] it for trial, and considers further detention unnecessary, he may order the accused to

be forwarded to a Magistrate having such jurisdiction:

Provided that no Magistrate of the third class, and no Magistrate of the second class not specially

empowered in this behalf by the Provincial Government shall authorize detention in the custody of the

police.

(3) A Magistrate authorizing under this section detention in the custody of the police shall record his

reasons for so doing.

[(4) The Magistrate giving such order shall forward a copy of his order, with his reasons for making it, to

the Sessions Judge.]

[(5) Notwithstanding anything contained in sections 60 and 61 or hereinbefore to the contrary, where the

accused forwarded under subsection (2) is a female, the Magistrate shall not, except in the cases involving

Qatl or dacoity supported by reasons to be recorded in writing, authorize the detention of the accused in

police custody, and the police officer making in investigation shall interrogate the accused referred to in

subsection (1) in the prison in the presence of an officer of jail and a female police officer.

(6) The officer incharge of the prison shall make appropriate arrangements for the admission of the

investigating police officer into the prison for the purpose of interrogating the accused.

(7) If for the purpose of investigation, it is necessary that the accused referred to in subsection (1) be taken

out of the prison, the officer incharge of the police station or the police officer making investigation not

below the rank of Sub-Inspector, shall apply to the Magistrate in that behalf and the Magistrate may, for

the reasons to be recorded in writing, permit taking of accused out of the prison in the company of a female

police officer appointed by the Magistrate:

Provided that the accused shall not be kept out of the prison while in the custody of the police between

sunset and sunrise.']

168. Report of investigation by subordinate police-officer. When any subordinate police-officer has

made any investigation under this Chapter, he shall report the result of such investigation to the officer

incharge of police-station.

169. Release of accused when evidence deficient. If, upon an investigation under this Chapter, it appears

to the officer incharge of the police-station, or to the police-officer making the investigation that there is no

sufficient evidence or reasonable ground or suspicion to justify the forwarding of the accused to a

Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with or

without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate

empowered to take cognizance of the offence on a police-report and to try the accused or 11 [send] him for

trial.

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170. Case to be sent to Magistrate when evidence is sufficient. (1) If, upon an investigation under this

Chapter, it appears to the officer incharge of the police-station that there is sufficient evidence or

reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate

empowered to take cognizance of the offence upon a police-report and to try the accused or [send] him for

trial or, if the offence is bailable and the accused is able to give security, shall take security from him for

his appearance before such Magistrate on a day fixed and for his attendance from day to day before such

Magistrate until otherwise directed.

(2) When the officer incharge of police-station forwards an accused person to a Magistrate or takes security

for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon

or other article which it may be necessary to produce before him, and shall require the complainant (if any)

and so many of the persons who appear to such officer to be acquainted with the circumstances of the case

as he may think necessary to execute a bond to appear before the Magistrate as thereby directed and

prosecute or give evidence (as the case may be) in the matter of the charge against the accused.

[(3) If the Court of District Magistrate or Sub-divisional Magistrate Is mentioned in the bond, such Court

shall be held to include any Court to which such Magistrate may refer the cases for inquiry or trial,

provided reasonable notice of such reference is given to such complainant or persons.]

(4) x x x x x x x

(5) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons

who executed it, and shall then send to the Magistrate the original with his report.

171. Complainants and witnesses not to be required to accompany police-officer. No complainant or

witness on his way to the Court of the Magistrate shall be required to accompany a police-officer.

Complainants and witnesses not to be subject to restraint, or shall be subjected to , unnecessary restraint or

inconvenience, or required to give any security for his appearance other than his own bond: Recusant

complainant or witnesses may be forwarded in custody. Provided that, if any complainant or witness

refuses to attend or to execute a bond as directed in section 170, the officer incharge of the police-station

may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond,

or until the hearing of the case is completed.

172. Diary of proceedings in investigation. (1) Every police-officer making an investigation under this

Chapter shall day by day enter his proceedings in the investigation in a diary, setting forth the time at

which the information reached him, the time at which he began and closed his investigation, the place or

places visited by him, and a statement of the circumstances ascertained through his investigation.

(2) Any Criminal Court, may send for the police-diaries of a case under inquiry or trial in such Court, and

may use such diaries not as evidence in the case, but to aid it in such inquiry or trial. Neither the accused

nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely

because they are referred to by the Court; but if they are used by the police-officer who made them, to

refresh his memory, if the Court uses them for the purpose of contradicting such police-officer the

provisions of the Evidence Act, 1872 section 161 section 145 as the case may be, shall apply.

173. Report of police-officer. (1) Every investigation under this Chapter shall be completed, without

unnecessary delay, and, as soon as it is completed, the officer incharge of the police-station shall, [through

the public prosecutor]. is

(a) forward to a Magistrate empowered to take cognizance of the offence on a police-report a report, in the

form prescribed by the Provincial Government, setting forth the names of the parties, the nature of the

information and the names of the persons who appear to be acquainted with the circumstances of the case

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and stating whether the accused (if arrested) has been forwarded in custody or has been released on his

bond and, if so, whether with or without sureties, and

(b) communicate, in such manner as may be prescribed by the Provincial Government, the action taken by

him to the person, if any, by whom the information relating to the commission of the offence was first

given.

Provided that, where investigation is not completed within a period of fourteen days from the date of

recording of the first information report under section 154, the officer incharge of the police station shall,

within three days of the expiration of such period, forward to the Magistrate through the Public prosecutor,

an interim report in the form prescribed by the Provincial Government stating therein the result of the

investigation made until then and the court shall commence the trial on the basis of such interim report,

unless, for reasons to be recorded, the court decides that the trial should not so commence.

(2) Where a superior officer of police has been appointed under section 158, the report shall, in any cases

in which the Provincial Government by general or special order so directs, be submitted through that

officer, and he may pending the orders of the Magistrate, direct the officer incharge of the police-station to

make further investigation.

(3) Whenever it appears from a report forwarded under this section that the accused has been released on

his bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fit.

(4) A copy of any report forwarded under this section shall, on application, be furnished to the accused

before the commencement of the inquiry or trial:

'(5) Where the officer incharge of a police-station forwards a report under sub-section (1), he shall along

with the report produce the witnesses in the case, except the public servants, and the Magistrate shall bind

such witnesses for appearance before him or some other court on the date fixed for trial'.

Provided that the same shall be paid for unless the Magistrate for some special reason thinks fit to furnish it

free of cost.

174. Police to inquire on suicide, etc. (1) The officer incharge of a police-station or some other policeofficer

specially empowered by the Provincial Government in that behalf, on receiving information that a

person:

(a) has committed suicide, or

(b) has been killed by another, or by an animal, or by machinery, or by an accident, or

(c) has died under circumstances raising a reasonable suspicion that some other person has committed an

offence, shall immediately give intimation thereof to the nearest Magistrate empowered to hold inquests,

and, unless otherwise directed by any rule prescribed by the Provincial Government, or by any general or

special order of the District or Sub-Divisional Magistrate, shall proceed to the place where the body of

such deceased person is, and there, in the presence of two or more respectable Inhabitants of the

neighborhood, shall make an investigation, and draw up a report of the apparent cause of death describing

such wounds fractures, bruises and other marks of Injury as may be found on the body, and stating in what

manner, or by what weapon or instrument (if any), such marks appear to have been inflicted.

(2) The report shall be signed by such police officer and other persons, or by so many of them as concur

therein, and shall be forthwith forwarded to the District Magistrate or the Sub-Divisional Magistrate.

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(3) When there is any doubt regarding the cause of death, or when for any other reason the police officer

considers it expedient so to do, he shall, subject to such rules as the Provincial Government may prescribe

in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other

qualified medical man appointed in this behalf by the Provincial Government, if the state of the weather

and the distance admit of its being so forwarded without risk of such putrefaction on the road as would

render such examination useless.

(4) [Omitted by A.O. 1949].

(5) The following Magistrates are empowered to hold inquests, namely, any District Magistrate, Subdivisional

Magistrate [or any other Executive Magistrate] especially empowered in this behalf by the

Provincial Government or the District Magistrate.

175. Power to summon person. (1) A Police-officer proceeding under section 174, may, by order in

writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other

person who appears to be acquainted with the facts of the case. Every person so summoned shall be bound

to attend and to answer truly all questions other than questions the answers to which would have a

tendency to expose him to a criminal charge, or to a penalty or forfeiture.

(2) If the facts do not disclose a cognizable offence to which section 170 applies, such persons shall not be

required by the police-officer to attend a Magistrate's Court.

176. Inquiry by Magistrate into cause of death. (1) When any person dies when in the custody of the

police, the nearest Magistrate empowered to hold inquests shall, and, in any other case mentioned in

section 174, clauses (a), (b) and (c) of sub-section (1), any Magistrate so empowered may hold an inquiry

into the cause of death either instead of, or in addition to, the investigation held by the police-officer, and if

he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an

offence. The Magistrate holding such an inquiry shall record the evidence taken by him in connection

therewith in any of the manners hereinafter prescribed according to the circumstances of the case.

(2) Power to disinter corpses. Whenever such Magistrate considers it expedient to make an examination of

the dead body of any person who has been already interred, in order to discover the cause of his death, the

Magistrate may cause the body to be disinterred and examined.

PART VI - PROCEEDINGS IN PROSECUTIONS

CHAPTER XV - OF THE JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND

TRIALS

A. Place of Inquiry or Trial

177. Ordinary place of inquiry and trial. Every offence shall ordinary be inquired in and tried by a Court

within the local limits of whose jurisdiction it was committed.

178. Power to order cases to be tried in different sessions divisions. Notwithstanding anything

contained in section 177, the Provincial Government may direct that any cases or class of cases [in any

district sent for trial to a Court of sessions] may be tried in any sessions division:

[Provided that such direction is not repugnant to any direction previously issued by the High Court under

section 526 of the Code or any other law for the time being in force]

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179. Accused triable in district where act is done or where consequence ensues. When a person is

accused of the commission of any offence by reason of anything which had been done, and of any

consequence which has ensued, such offence may be inquired into or tried by a Court within the limits of

whose jurisdiction any such thing has been done or any such consequence has ensued.

Illustrations

(a) A is wounded within the local limits of the jurisdiction of Court X, and dies within the local limits of

the jurisdiction of Court Z, The offence of the culpable homicide of A may be inquired into or tried by X

or Z.

(b) A is wounded within the local limits of the jurisdiction of Court X, and is, during ten days within the

local limits of the jurisdiction of Court Y, and during ten days more within the local limits of the

jurisdiction of Court Z unable in the local limits of the jurisdiction of either Court Y, or court Z, to follow

his ordinary pursuits. The offence of causing grievous hurt to A may be inquired into or tried by X, Y or Z.

(c) A is put in fear of injury within local limits of jurisdiction of Court X, and is thereby induced, within

the local limits of the jurisdiction of Court. Y, to deliver property to the person who put him in fear. The

offence of extortion committed on A may be inquired into or tried either by X or Y.

(d) A is wounded in the State of Junagadh, and dies of his wounds in Karachi. The offence of causing A's

death may be inquired into and tried in Karachi.

180. Place of trial where act is offence by reason of relation to other offence. When an act is an offence

by reason of its relation to any other act which is also an offence or which would be an offence if the doer

were capable of committing an offence, a charge of the first-mentioned offence may be Inquired into or

tried by a Court within the local limits of whose jurisdiction either act was done.

Illustrations

(a) A charge of abetment may be inquired into or tried either by the Court within the local limits of whose

jurisdiction the abetment was committed, or by the Court within the local limits of whose jurisdiction the

offence abetted was committed.

(b) A charge of receiving or retaining stolen goods may be inquired into or tried either by the Court within

the local limits of whose jurisdiction the goods were at any time dishonestly received or retained.

(c) A charge of wrongfully concealing a person known to have been kidnapped may be inquired into or

tried by the Court within the local limits of whose jurisdiction the wrongful concealing, or by the Court

within the local limits of whose jurisdiction the kidnapping, took place.

181. Being a thug or belonging to a gang of dacoits, escape from custody, etc. (1) The offence of being

a thug, of being a thug and committing murder, of dacoity, of dacoity with murder, of having belonged to

gang of dacoits, or of having escaped from custody, may be inquired into or tried by a Court within the

local limits of whose jurisdiction the person charged is.

(2) Criminal misappropriation and criminal breach of trust. The offence of criminal misappropriation

or of criminal breach of trust may be inquired into or tried by a Court within the local limits of whose

jurisdiction any part of the property which is the subject of the offence was received or retained by the

accused person, or the offence was committed.

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(3) Theft. The offence of theft, or any offence which includes theft or the possession of stolen property,

may be inquired into or tried by a Court within the local limits of whose jurisdiction such offence was

committed or the property stolen was possessed by thief or by any person who received or retained the

same knowing or having reason to believe it to be stolen.

(4) Kidnapping and abduction. The offence of kidnapping or abduction may be inquired into or tried by a

Court within the local limits of whose jurisdiction the person kidnapped or abducted was kidnapped or

abducted or was conveyed or concealed or detained.

182. Place of inquiry or trial where scene of offence is uncertain or not in one district only or where

offence is continuing or consists of several acts. When it is uncertain in which or several local areas an

offence was committed, or where an offence is committed partly in one local area and partly in another, or

where an offence is a continuing one, and continues to be committed in more local areas than, one, or

where it consists of several acts done in different local areas, it may be inquired into or tried by a Court

having jurisdiction over any of such local areas.

183. Offence committed on a journey. An offence committed whilst the offender in the course of

performing a journey or voyage may be inquired into or tried by a Court through or into the local limits of

whose jurisdiction the offender, or the person against whom or the thing in respect of which, the offence

was committed, passed in the course of that journey or voyage.

184. Offences against Railway, Telegraph, Post Office and Arms Acts. [Rep. by the Federal Laws

(Revision and Declaration) Act, 1951 (XXVI) of 1951), S. 3 and Second Schedule.)

185. High Court to decide, in case of doubt, district where inquiry or trial shall take place. (1)

Whenever a question arises as to which of two or more Courts subordinate to the same High Court ought to

inquire into or try any offence, it shall be decided by that High Court.

(2) Where two or more Courts not subordinate to the same High Court have taken cognizance of the same

offence, the High Court within the local limits of whose appellate criminal jurisdiction the proceedings

were first commenced may direct the trial of such offender to be held in any Court subordinate to it, and if

it so decides all other proceedings against such person in respect of such offence shall be discontinued. If

such High court, upon the matter having been brought to Its notice, does not so decide any other High

Court, within the local limits of whose appellate criminal jurisdiction such proceedings are pending may

give a like direction, and upon its so doing all other such proceedings shall be discontinued.

186. Power to issue summons or warrant for offence committed beyond local jurisdiction. (1) When a

[District Magistrate, a Sub-Divisional Magistrate, or, if he is specially empowered in this behalf by the

Provincial Government, a Magistrate of the first class], sees reason to believe that any person within the

local limits of his jurisdiction has committed without such limits (whether within or without Pakistan) an

offence which cannot, under the provisions of section 177 to 184 (both inclusive), or any other law for the

time being in force be inquired into or tried within such local limits, but is under some law for the time

being in force triable in Pakistan such Magistrate may inquire into the offence as if it had been committed

within such local limits and compel such person in manner hereinbefore provided to appear before him,

and send such person to Magistrate having jurisdiction to inquire into or try such offence, or, if such

offence is bailable, take a bond with or without sureties for his appearance before such Magistrate.

(2) When there are more Magistrates than one having such jurisdiction and Magistrate acting under the

section cannot satisfy himself as to the Magistrate to or before whom such person should be sent or bound

to appear, the case, shall be reported for the orders of the High Court.

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187. Procedure where warrant issued by subordinate Magistrate. (1) If the person has been arrested

under a warrant issued under section 186 [the Magistrate issuing the warrant shall send the arrested person

to the Sessions Judge] to whom he is subordinate, unless the Magistrate having jurisdiction to inquire into

or try such offence issues his warrant for the arrest of such person, in which case the person arrested shall

be delivered to the police-officer executing such warrant or shall be sent to the Magistrate by whom such

warrant was issued,

(2) If the offence with which the person arrested is alleged or suspected to have committed is one which

may be inquired into or tried by any Criminal Court in the same district other than that of the Magistrate

acting under section 186, such Magistrate shall send such person to such Court.

188. Liability for offences committed outside Pakistan. When a citizen of Pakistan commits an offence

at any place without and beyond the limits of Pakistan, or when a servant of the State (whether a citizen of

Pakistan or not commits an offence in [a tribal area,] when any person commits an offence on any ship or

aircraft registered in Pakistan wherever it may be, he may be dealt with in respect of such offence as if it

had been committed at any place within Pakistan at which he may be found:

Political Agents to certify fitness of inquiry into charge. Provided that notwithstanding anything in any of

the preceding sections of this Chapter no charge as to any such offence shall be inquired into in Pakistan

unless the Political Agent, if there is one, for the territory in which the offence is alleged to have been

committed, certifies that, in his opinion, the charge, ought to be inquired into in Pakistan; and, where there

is no Political Agent, the sanction of Federal Government shall be required.

Provided, also that any proceedings taken against any person under this section which would be a bar to

subsequent proceedings against such person for the same offence if such offence had been committed in

Pakistan shall be a bar to further proceedings against him under the [Extradition Act, 1972,] in respect of

the same offence in any territory beyond the limits of Pakistan.

189. Power to direct copies of depositions and exhibits to be received in evidence. Whenever any such

offence as is referred to in section 188 is being inquired into or tried, the Provincial Government may, if it

thinks fit, direct that copies of depositions made or exhibits produced before the Political Agent or a

judicial officer in or for the territory in which such office is alleged to have been committed shall be

received as evidence by the Court holding such inquiry or trial in any case in which such Courts might

issue a commission for taking evidence as to the matters to which such depositions or exhibits relate.

B. Conditions requisite for initiation of proceedings.

190. Cognizance of offences by Magistrates. (1) Except as hereinafter provided, [any District Magistrate

or a Sub-Divisional Magistrate or any other Magistrate specially empowered in this behalf] by the

Provincial Government on the recommendation of High Court may take cognizance of any offence:

(a) upon receiving a complaint of facts which constitute such offence;

(b) upon a report in writing of such facts made by any police-officer;

(c) upon information received from any person other than a police-officer, or upon his own knowledge or

suspicion that such offence has been committed.

[(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:

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Provided that in case of Judicial Magistrate, the Provincial Government shall exercise this power on the

recommendations of the High Court.]

[(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 Court of Session for trial.]

[191. Transfer on application of accused. When a Magistrate takes cognizance of an offence under

subsection (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 Court, 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] to the [in the case of Judicial Magistrate to the Session Judge and in the

case of Executive Magistrate to the District Magistrate] for transfer to another Magistrate.]

[192. Transfer of cases by Magistrate. (1) Any District Magistrate, or Sub-Divisional Magistrate may

transfer any case of which he has taken cognizance, for inquiry or trial, to any Magistrate subordinate to

him;

[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.]

['(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

'(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.']

193. Cognizance of offences by Courts of Sessions. (1) Except as otherwise expressly provided by this

Code or by any other law for the time being in force, no Court of Session shall take cognizance of any

offence as a Court of original jurisdiction [unless the case has been sent to it under section 190 sub-section

(3).

(2) Additional Sessions Judges and Assistant Sessions Judges shall try such cases only as the Provincial

Government by general or special order may direct them to try, or as the Sessions Judge of the division, by

general or special order, may make over to them for trial.

194. Cognizance of offences by High Court. (1) The High Court may take cognizance of any offence

[.....] in manner hereinafter provided. Nothing herein contained shall be deemed to affect the provisions of

any Letters Patent or Order by which a High Court is constituted or continued, or any other provision of

this Code. [*****]

195. Prosecution for contempt of lawful authority of public servants; Prosecution for certain offences

against public justice: Prosecution for certain offences relating to documents given in evidence. (1)

No Court shall take cognizance:

(a) of any offence punishable under sections 172 to 188 of the Pakistan Penal Code, except on the

complaint in writing of the public servant concerned or of some other public servant to whom he is

subordinate.

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(b) of any offence punishable under any of the following sections of the same Code namely sections 193,

194, 195, 196, 199, 200, 205, 206, 207, 208, 209, 210, 211 and 228, when such offence is alleged to have

been committed in, or in relation to, any proceeding in any Court, except on the complaint in writing of

such Court or of some other Court to which such Court is subordinate, or

(c) of any offence described in section 463 or punishable under section 471, section 475 or section 476 of

the same Code, when such offence is alleged to have been committed by a party to any proceeding i.e. any

Court in respect of a document produced or given in evidence in such proceeding, except on the complaint

in writing of such Court, or of some other Court to which such Court is subordinate.

(2) In clause (b) and (c) of the sub-section (1), the term 'Court' includes a Civil, Revenue or Criminal

Court, but does not include a Registrar or Sub-Registrar under the [Registration Act, 1908].

(3) For the purposes of this section, a Court shall be deemed to be subordinate to the Court to which

appeals ordinarily lie from the appealable decrees or sentences of such former Court, or in the case of a

Civil Court from whose decree no appeal ordinarily lies to the principal Court having ordinary original

civil jurisdiction within the local limits of whose jurisdiction such Civil Court is situate: Provided that:

(a) where appeals lie to more than one Court, the appellate Court of inferior jurisdiction shall be the Court

to which such Court shall be deemed to be subordinate; and

(b) where appeals lie to a Civil and also to a Revenue Court, such Court shall be deemed to be subordinate

to the Civil or Revenue Court according to the nature of the case or proceedings in connection with which

the offence is alleged to have been committed.

(4) The provisions of sub-section (1), with reference to the offences named therein, apply also to criminal

conspiracies to commit such offences and to the abetment of such offence, and attempts to commit them.

(5) Where a complaint has been made under sub-section (1), clause(a), by a public servant, any authority to

which such public servant is subordinate may order the withdrawal of the complaint and if it does so. it

shall forward a copy or such order to the Court and, upon receipt thereof by the Court, no further

proceedings shall be taken on the complaint.

196. Prosecution for offences against the State. No Court shall take cognizance of any offence

punishable under Chapter VI or IXA of the Pakistan Penal Code (except section 127), or punishable under

section 108A, or section 153A, or section 294A, or section 295A or section 505 of the same Code, unless

upon complaint made by order of, or under authority from, the Central Government, or the Provincial

Government concerned, or some officer empowered in this behalf by either of the two Governments.

196-A. Prosecution for certain classes of criminal conspiracy. No Court shall take cognizance of the

offence of criminal conspiracy punishable under section 120B of the Pakistan Penal Code.

(1) in a case where the object of the conspiracy is to commit either an illegal act other than an offence, or a

legal act by illegal means or an offence to which the provisions of section 196 apply, unless upon

complaint made by order or under authority from the Central Government, or the Provincial Government

concerned, or some officer empowered in this behalf by either of the two Governments, or

(2) in a case where the object of the conspiracy is to commit any non-cognizable offence, or a cognizable

offence, or a cognizable offence not punishable with death or [imprisonment for life] or rigorous

imprisonment for a term of two years or upwards, unless the Provincial Government, or a District

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Magistrate empowered in this behalf by the Provincial Governments, has by order in writing, consented to

the initiation of the proceedings:

Provided that where the criminal conspiracy is one to which the provisions of sub-section (4) of section

195 apply no such consent shall be necessary.

196-B. Preliminary inquiry in certain cases. In the case of any offence in respect of which the provisions

of section 196 or section 196A apply, a District Magistrate may, notwithstanding anything contained in

those sections or in any other part of this Code, order a preliminary investigation by a police-officer not

being below the rank of Inspector, in which case such police-officer shall have the powers referred to in

section 155, sub-section (3).