Code of Criminal Procedure, 1898 PAKISTAN , SECTION 119 TO 160

Code of Criminal Procedure, 1898 PAKISTAN , 
SECTION 119 TO 160

119. Discharge of person informed against. If, on an inquiry under section 117, its is not proved that it is

necessary for keeping the peace or maintaining good behavior, as the case may be, thus the person in

respect of whom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the

record to that effect, and if a such person is in custody only for the purposes of the inquiry shall release

him, or, if such person is not in custody, shall discharge him.

C. Proceedings in all cases subsequent to order to furnish Security

120. Commencement of period for which security is required. (1) If any person, in respect of whom an

order requiring security is made under section 106 or section 118, is, at the time such order is made,

sentenced to, or undergoing a sentence of imprisonment the period for which such security is required shall

commence on the expiration of such sentence.

(2) In other case such period shall commence on the date of such order unless the Magistrate, for sufficient

reason, fixes a later date.

121. Contents of bond. The bond to be executed by any such person shall bind him to keep the peace or to

be of good behavior, as the case may be, and in the later case the commission or attempt to commit, or the

abetment of, any offence punishable with imprisonment, wherever it may be committed, is a breach of the

bond.

122. Power to reject sureties. (1) A Magistrate may refuse to accept any surety offered, or may reject any

surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is

an unfit person for the purposes of the bond: Provided that, before so refusing to accept or rejecting any

such surety, he shall either himself hold an inquiry on oath into the fitness of the surety or cause such

inquiry to be held , and a report to be made thereon by a Magistrate subordinate to him.

(2) Such Magistrate shall, before holding inquiry, give reasonable notice to the surety and to the person by

whom the surety was offered and shall in making the inquiry record the substance of the evidence adduced

before him.

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(3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or before a

Magistrate deputed under sub-section (1), and the report of such Magistrate (if any) that the surety is an

unfit person for the purposes of the bond, he shall make an order refusing to accept or rejecting, as the case

may be, such surety and recording his reasons for so doing.

Provided that, before making an order rejecting any surety who has previously been accepted, the

Magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is

bound to appear or to be brought before him,

123. Imprisonment in default of security. (1) If any person ordered to give security under section 106 or

section 118 doe's not give such security on or before the date on which, the period for which such security

is to be given commences, he shall, except in the case next hereinafter mentioned be committed to prison,

or if he is already in prison be detained in prison until such period expires or until within such period he

gives the security to the Court or Magistrate who made the order requiring it.

(2) Proceedings when to be laid before High Court or Court of Sessions. When such person has been

ordered by a Magistrate to give security for a period exceeding one year, such Magistrate shall, if such

person does not give such security as aforesaid, issue a warrant directing him to be detained in prison

pending the orders of the Sessions Judge; [****] and the proceedings shall be laid, as soon as conveniently

may be, before [such Judge.]

(3) The Sessions Judge, after examining such proceedings and requiring from the Magistrate any further

information or evidence which he thinks necessary, may pass such order on the cases as he thinks fit:

Provided that the period (if any) for which any person is imprisoned for failure to give security shall not

exceed three years.

(3-A) If security has been required in the course of the same proceedings from two or more persons in

respect of anyone of whom the proceedings are referred to the Sessions Judge under sub-section (2), such

reference, shall also include the case of any other of such persons who has been ordered to give security,

and the provisions of sub-sections (2) and (3) shall, in that event, apply to the case of such other person

also, except that the period (if any) for which he may be imprisoned shall not exceed the period for which

he was ordered to give security.

(3-B) A Sessions Judge may in his discretion transfer any proceedings laid before him under sub-section

(2) or sub-section (3A) to an Additional Sessions Judge or Assistant Sessions Judge and upon such

transfer, such Additional Sessions Judge or Assistant Sessions Judge may exercise the powers of a

Sessions Judge under this section in respect of such proceedings.

(4) If the security is tendered to the officer incharge of the jail, he shall forthwith refer the matter to the

Court or Magistrate who made the order, and shall await the orders of such Court or Magistrate.

(5) Kind of imprisonment. Imprisonment for failure to give security for keeping the peace shall be simple.

(6) Imprisonment for failure to give security for good behavior shall, where the proceedings have been

taken under section 108 be simple and, where the proceedings have been taken under section 109 or

section 110, be rigorous or simple as the Court or Magistrate in each case directs.

124. Power to release person imprisoned for failing to give security. (1) Whenever the District

Magistrate is of opinion that any person imprisoned for failing to give security under this Chapter may be

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released without hazard to the community or to any other person, he may order such person to be

discharged.

(2) Whenever any person has been imprisoned for failing to give security under this Chapter, the District

Magistrate may (unless the order has been made by some Court superior to his own) make an order

reducing the amount of the security or the number of sureties or the time for which security has been

required.

(3) An order under sub-section (1) may direct the discharge of such person either without conditions or

upon any conditions which such person accepts.

Provided that any condition imposed shall cease to be operative when the period for which such person

was ordered to give security has expired.

(4) The Provincial Government may prescribe the conditions upon which a conditional discharge may be

made.

(5) If any condition upon which any such person has been discharged is in the opinion of the District

Magistrate by whom the order of discharge was made or of his successor not fulfilled, he may cancel the

same.

(6) When a conditional order of discharge has been cancelled under sub-section (5), such person may be

arrested by any police-officer without warrant, and shall thereupon be produced before the District

Magistrate. Unless such person then gives security in accordance with the terms of the original order for

the unexpired portion of the term for which he was in the first instance committed or ordered to be detained

(such portion being deemed to be a period equal to the period between the date of the breach of the

conditions of discharge and the date on which, except for such conditional discharge, he would have been

entitled to release), the District Magistrate may remand such person to prison to undergo such unexpired

portion. A person remanded to prison under this sub-section shall, subject to the provisions of section 122,

be released at any time on giving security in accordance with the terms of the original order for the

unexpired portion aforesaid to the Court or Magistrate by whom such order was made or to its or his

successor.

125. Power of District Magistrate to cancel any bond for keeping the peace or good behavior. The

District Magistrate may at any time, for sufficient reasons to be recorded in writing, cancel any bond for

keeping the peace or for good behavior executed under this Chapter by order of any Court in his district not

superior to his Court.

126. Discharge of sureties. (1) Any surety for the peaceable conduct or good behavior of another person

may at any time apply to a District Magistrate [or Sub-Divisional Magistrate] to cancel any bond executed

under this Chapter within the local limits of his jurisdiction.

(2) On such application being made, the Magistrate shall issue his summons or warrant, as he thinks fit,

requiring the person for whom such surety is bound to appear or to be brought; before him.

126-A. Surety for unexpired period of bound. When a person for whose appearance a warrant or

summons has been issued under the proviso to sub-section (3) of section 122, or under section 126, subsection

(2), appears or if brought before him, the Magistrate shall cancel the bond executed by such person

and shall order such person to give, for the unexpired portion of the term of such bond fresh security of the

same description as the original security. Every such order shall, for the purposes of sections 121,122,123

and 124, be deemed to be an order made under section 106 or section 118, as the case may be.

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CHAPTER IX - UNLAWFUL ASSEMBLIES [AND MAINTENANCE OF PUBLIC PEACE AND

SECURITY

127. Assembly to disperse on command of magistrate or police officer. (l) Any [Executive Magistrate]

or officer incharge of a police-station may command any unlawful assembly or any assembly of five or

more persons likely to cause a disturbance of the public peace to disperse; and it shall thereupon be the

duty of the members of such assembly to disperse accordingly.

(2) [Omitted by A.O., 1949]

128. Use of civil force to disperse. if, upon being so commanded, any such assembly does not disperse, or

if, without being so commanded, it conducts itself in such a manner as to show a determination not to

disperse, any io[Executive Magistrate] or officer incharge of a police-station, may proceed to disperse such

assembly by force, and may require the assistance of any male person, not being an officer, soldier, sailor

or airman in the armed forces of Pakistan ..... and acting as such, for the purpose of dispersing such

assembly, and, if necessary, arresting and confining the persons who form part of it, in order to disperse

such assembly or that they may be punished according to law.

129. Use of military force. If any such assembly cannot be otherwise dispersed, and if it is necessary for

the public security that it should be dispersed, the [Executive Magistrate] of the highest rank who is present

may cause it to be dispersed by military force.

130. Duty of officer commanding troops required by magistrate to disperse assembly. (1) When a

Magistrate determines to disperse any such assembly by the armed forces, ..... he may require any officer

thereof in command of any group of persons belonging to the armed forces to disperse such assembly with

the help of the armed forces under his command and to arrest and confine such persons forming part of it

as the Magistrate may direct, or as it may be necessary to arrest and confine in order to disperse the

assembly or to have them punished according to law.

131. Power to commissioned military officers to disperse assembly. When the public security is

manifestly endangered by such assembly, and when no [Executive Magistrate] can be communicated with,

any commissioned officer of the Pakistan Army may disperse such assembly by military force, and may

arrest and confine any persons forming part of it, in order to disperse such assembly or that they may be

punished according to law; but if, while he is acting under this section it becomes practicable for him to

communicate with [an Executive Magistrate], he shall do so, and shall thenceforward obey the instructions

of the Magistrate as to whether he shall or shall not continue such action.

[131-A. Power to use military force for public security and maintenance of law and order. (1) If the

Provincial Government is satisfied that, for the public security, protection of life and property, public peace

and the maintenance of law and order, it is necessary to secure the assistance of the armed forces, the

Provincial Government may require, with the prior approval of the Federal Government, or the Federal

Government, on the request of the Provincial Government, direct, any officer of the armed forces to render

such assistance with the help of the armed forces under his command, and such assistance shall include the

exercise of powers specified in sections 46 to 49, 53. 54, 55(a) and (c), 58, 63 to 67,100,102,103 and 156:

Provided that such powers shall not include the powers of a Magistrate.

(2) Every such officer shall obey such requisition or direction, as the case may be, and in doing so may use

such force as the circumstances may require.

(3) In rendering assistance relating to exercise of powers specified in subsection (1), every officer shall, as

far as may be, follow the restrictions and conditions laid down in the Code.']

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132. Protection against prosecution for acts done under this Chapter. No prosecution against any

person for any act purporting to be done under this Chapter shall be instituted in any Criminal Court,

except with the sanction of the Provincial Government; and:

(a) no Magistrate or police officer acting under this Chapter in good faith.

(b) no officer acting under section 131 in good faith.

(c) no person doing any act in good faith, in compliance with a requisition under section 128 or section 130

[or S.131-A], and

(d) no inferior officer, or soldier, sailor or airman in the armed forces ..... doing any act in obedience to any

order which he was bound to obey. shall be deemed to have thereby committed an offence: Provided that

no such prosecution shall be instituted in any Criminal Court against any officer or soldier, sailor or airman

in the armed forces except with the sanction of the Central Government. Scope-Section 132, Criminal P.C.

is a protection against prosecution and has nothing to do with ingredients of any offence. In order to obtain

benefit of S. 132 the accused has to prove that the acts complained of were done under circumstances

mentioned in the section, He need not prove that he committed no offence. In other words he must place

before the Judge materials and circumstances justifying an inference that there was an unlawful assembly

and the acts complained of were purported to have been done while dispersing that assembly. AIR 1956

S.C. 44

132-A. Definitions. In this Chapter:-

(a) the expression 'armed forces' means the military, naval and air forces, operating as land forces and

includes the force constituted under the Federal Security Force Act (XL of 1973), and any other armed

forces of Pakistan so operating.

(aa) the expression 'civil armed forces' means the Pakistan Rangers, Frontier Corps, Frontier Constabulary,

Baluchistan Constabulary, Pakistan Coast Guards or any other force as the Federal Government may

notify.'

(b) 'officer', in relation to the armed forces, means a person Commissioned, gazette or in pay as an officer

of the armed forces and includes a junior commissioned officer a warrant officer, a petty officer and a noncommissioned

officer; and

(c) 'soldier' includes a member of the force constituted under the Act referred to in clause (b).

CHAPTER X - PUBLIC NUISANCES

133. Conditional order for removal of nuisance. (1) Whenever a District Magistrate, a Sub-Divisional

Magistrate or 2o[an Executive Magistrate] considers, on receiving a police report or other information and

on taking such evidence (if any) as the thinks fit. that any unlawful obstruction or nuisance should be

removed from any way, river or channel which is or may be lawfully used by the public or from any public

place, or that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is

injurious to the health or physical comfort of the community, and that in consequence such trade or

occupation should be prohibited or regulated or such goods or merchandise should be removed or the

keeping thereof regulated, or that the construction of any building, or the disposal of any substance, as

likely to occasion conflagration or explosion, should be prevented or stopped, or that any building, tent or

structure, or any tree is in such a condition that it is likely to fail and thereby cause injury to persons living

or carrying on business in the neighborhood or passing by, and that in consequence the removal, repair or

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support of such building, tent or structure, or the removal or support of such tree, is necessary, or that any

tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to

prevent danger arising to the public, or that any dangerous animal should be destroyed, confined or

otherwise disposed of, such magistrate may make a conditional order requiring the person causing such

obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or

merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or

excavation, or owning or possessing such animal or tree, within a time to be fixed In the order. or remove

such obstruction or nuisance; or to desist from carrying on, or to remove or regulate the keeping thereof in

such manner as may be directed; or

to remove such goods, or merchandise, or to regulate the keeping thereof in such manner as may be

directed; or to prevent or stop the erection of, or to remove, repair or support, such building, tent or

structure; or to remove or support such tree; or to alter the disposal of such substance; or to fence such

tank, well or excavation, as the case may be; or to destroy, confine or dispose of such dangerous animal in

the manner provided in the said order; or, if he objects so to do, to appear before himself or some other 21

(Executive Magistrate], at a time and place to be fixed by the order, and move to have the order set aside or

modified in the manner hereinafter provided.

(2) No order duly made by a Magistrate under this section shall be called in question in any Civil Court.

Explanation. A 'public place' Includes also property belonging to the State, camping grounds and grounds

left unoccupied for sanitary or recreative purposes.

134. Service or notification of order. (1) The order shall, if practicable, be served on the person against

whom it is made, in manner herein provided for service of a summons.

(2) If such order cannot be so served, it shall be notified by proclamation, published in such manner as the

Provincial Government by rule direct, and a copy thereof shall be stuck up at such place or places as may

be fittest for conveying the information to such person.

135. Person to whom order is addressed to obey or show cause or claim jury. The person against

whom such order is made shall;

(a) perform, within the time and in the manner specified in the order the act directed thereby; or

(b) appear in accordance with such order and either show cause against the same or apply to the Magistrate

by whom it was made to appoint a jury to try whether the same is reasonable and proper.

136. Consequence of his failing to do so. If such person does not perform such act or appear and show

cause or apply for the appointment of a jury as required by section 135, he shall be liable to the penalty

prescribed in that behalf in section 188 of the Pakistan Penal Code, and the order shall be made absolute.

137. Procedure where he appears to show cause. (1) If he appears and shows cause against the order, the

Magistrate shall take evidence in the matter 22[in the manner provided in Chapter XX].

(2) If the Magistrate is satisfied that the order is not reasonable and proper, no further proceedings shall be

taken in the case.

(3) If the Magistrate is not so satisfied, the order shall be made absolute.

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138. Procedure where he claims jury. (1) On receiving an application under section 135 to appoint a

jury, the Magistrate shall:

(a) forthwith appoint a jury consisting of an uneven number of persons not less than five, of whom the

foreman and one half of the remaining members shall be nominated by such Magistrate, and the other

members by the applicant.

(b) summon such foreman and members to attend at such place and time as the Magistrate thinks fit; and

(c) fix a time within which they are to return their verdict.

(2) The time so fixed may, for good cause shown, be extended by the Magistrate.

139. Procedure where jury finds Magistrate's order to be reasonable. (1) If the jury or a majority of

the jurors find that the order of the Magistrate is reasonable and proper as originally made, or subject to a

modification which the Magistrate accepts, the Magistrate shall make the order absolute, subject to such

modification (if any).

(2) In other cases no further proceedings shall be taken under this Chapter.

139-A. Procedure where existence of public right is denied. (1) Where an order is made under section

133 for the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, river,

channel or place, the Magistrate shall, on the appearance before him of the person against whom the order

was made, question him as to whether he denies the existence of any public right in respect of the way,

river, channel or place, and if he does so the Magistrate shall, before proceeding under section 137 or

section 138, inquire into the matter.

(2) If in such inquiry Magistrate finds that there is any reliable evidence in support of such denial, he shall

stay the proceedings until the matter of the existence of such right has been decided by a competent Civil

Court; and, if he finds that there is no such evidence, he shall proceed as laid down in section 137 or

section 138, as the case may require.

(3) A person who has, on being questioned by the Magistrate under sub-section (1) failed to deny the

existence of a public right of the nature therein referred to, or who having made such denial, has failed to

adduce reliable evidence in support thereof, shall not in the subsequent proceedings be permitted to make

any such denial, nor shall any question in respect of the existence of any such public right be inquired into

by any jury appointed under section 138.

140. Procedure on order being made absolute. (1) When an order has been made absolute under section

136, section 137 or section 139, the Magistrate shall give notice of the same to the person against whom

the order was made, and shall further require him to perform the act directed by the order within a time to

be fixed in the notice, and inform him that, in case of disobedience, he will be liable to the penalty

provided by section 188 of the Pakistan Penal Code.

(2) Consequences of disobedience to order. If such act is not performed within the time fixed, the

Magistrate may cause it to be performed, and may recover the costs of performing it either by the sale of

any building, goods or other property removed by his order, or by the distress and sale of any other

movable property of such person within or without the local limits of such Magistrate's jurisdiction. If such

other property is without such limits, the order shall authorize its attachment and sale when endorsed by

the Magistrate within the local limits of whose jurisdiction the property to be attached is found.

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(3) No suit shall lie in respect of anything done in good faith under this section.

141. Procedure on failure to appoint jury or omission to return verdict. If the applicant, by neglect or

otherwise, prevents the appointment of the jury, or if from any cause the jury appointed do not return their

verdict within the time fixed or within such further time as the Magistrate may In his discretion allow, the

Magistrate may pass such order as he thick fit, and such order shall be executed in the manner provided by

section 140.

142. Injunctions pending inquiry. (1) If a Magistrate making an order under section 133 considers that

immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public,

he may, whether a jury is to be, or has been, appointed or not, issue such an injunction to the person against

whom the order was made, as is required to obviate or prevent such danger or injury pending the

determination of the matter.

(2) In default of such person forthwith obeying such injunctions, the Magistrate may himself use, or cause

to be used, such means as he thick fit to obviate such danger to prevent such injury.

(3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section.

143. Magistrate may prohibit repetition or continuance of public nuisance. A District Magistrate or

Sub-divisional Magistrate [or any other Executive Magistrate] empowered by the Provincial Government

or the District Magistrate in this behalf, may order any person not to repeat or continue a public nuisance,

as defined in the Pakistan Penal Code or any special or local law.

CHAPTER XI - TEMPORARY ORDERS IN URGENT CASES OF NUISANCE OR

APPREHENDED DANGER

144. Power to issue order absolute at once in urgent cases of nuisance or apprehended danger. in

cases where, in the opinion of a District Magistrate, Sub-Divisional Magistrate, (or of any other Executive

Magistrate] specially empowered by the Provincial Government or the District Magistrate to act under this

section, there is sufficient ground for proceeding under this section and immediate prevention or speedy

remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and

served in manner provided by section 134, direct any person to abstain from a certain act or to take certain

order with certain property in his possession or under his management, if such Magistrate considers that

such direction Is likely to prevent, or tends to prevent, obstruction, annoyance or injury, or risk of

obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or

safety, or a disturbance of the public tranquility, or a riot, or an affray.

(2) An order under this section may. in cases of emergency or in cases where the circumstances do not

admit of the serving in due time of a notice upon the person against whom the order is directed, be passed,

exparte.

(3) An order under this section may be directed to a particular individual, or to the public generally when

frequenting or visiting a particular place.

(4) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or

alter any order made under this section by himself or by his predecessor in office.

(5) Where such an application is received, the Magistrate shall afford to the applicant an early opportunity

of appearing before him either in person or by pleader and showing cause against the order; and, if the

Magistrate rejects the application wholly or in part, he shall record in writing his reasons for so doing.

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(6) No order under this section shall remain in force for more than two months from the making thereof,

unless, in cases of danger to human life, health or safety, or a likelihood of a riot or an affray, the

Provincial Government, by notification in the official Gazette, otherwise directs.

CHAPTER XII - DISPUTES AS TO IMMOVABLE PROPERTY

145. Procedure where dispute concerning land, etc., is likely to cause breach of peace. (1) Whenever a

District Magistrate [or Sub-Divisional Magistrate or an Executive Magistrate specially empowered by the

Provincial Government in this behalf] is satisfied from a police-report or other information that a dispute

likely to cause breach of the peace exists concerning any land or water or the boundaries thereof, within the

local limits of his jurisdiction, he shall make an order in writing, stating the grounds of being so satisfied,

and requiring the parties concerned in such dispute to attend his Court in person or by pleader, within a

time to be fixed by such Magistrate, and to put in written statement of their respective claims as respects

the fact of actual possession of the subject of dispute.

(2) For the purposes of this section the expression 'land or water' includes buildings markets, fisheries,

crops or other produce of land, and the rents or profits of any such property.

(3) A copy of the order shall be served in manner provided by this Code for the service of a summons upon

such person or persons as the Magistrate may direct, and at least one copy shall be published by being

affixed to some conspicuous place at or near the subject of dispute.

(4) Inquiry as to possession. The Magistrate shall then, without reference to the merits or the claims of any

such parties to a right to possess the subject of dispute, pursue the statements so put in, hear the parties,

receive all such evidence as may be produced by them respectively, consider the effect of such evidence,

take such further evidence (if any) as he thinks necessary, and, if possible, decide whether any which of the

parties was at the date of the order before mentioned in such possession of the said subject: Provided that,

if it appears to the Magistrate that any party has within two months next before the date of such order been

forcibly and wrongfully dispossessed, he may treat the party so dispossessed as if he had been in

possession at such date: Provided also, that if the Magistrate considers the case one of emergency, he may

at any time attach the subject of dispute, pending his decision under this section.

(5) Nothing in this section shall preclude any party so required to attend, or any other person interested,

from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall

cancel his said order, and all further proceedings thereon shall be stayed, but, subject to such cancellation,

the order of the Magistrate under sub-section (1) shall be final.

(6) Party in possession to retain possession until legally evicted. If the Magistrate decides that one of the

parties was or should under the first proviso to sub-section (4) be treated as being in such possession of the

said subject, he shall issue an order declaring such party to be entitled to possession thereof until evicted

therefrom in due course of law, and forbidding all disturbance of such possession until such eviction and

when he proceeds under the first proviso to sub-section (4), may restore to possession the party forcibly

and wrongfully dispossessed.

(7) When any party to any such proceeding dies, the Magistrate may cause the legal representative of the

deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any

question arises as to who the legal representative of a deceased party for the purpose of such proceeding is,

all persons claiming to be representatives of the deceased party shall be made parties thereto.

(8) If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a

proceeding under this section pending before him is subject to speedy and natural decay, he may make an

order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make

such order for the disposal of such property, or the sale-proceeds thereof as he thinks fit.

(9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the

application of either party, issue a summons to any witness directing him to attend or to produce any

document or thing.

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(10) Nothing in this section shall be deemed to be in derogation of the powers of the Magistrate to proceed

under section 107.

146. Power to attach subject of dispute. (1) If the Magistrate decides that none of the parties was then In

such possession, or Is unable to satisfy himself as to which of them was then in such possession of the

subject of dispute, he may attach It until a competent Court has determined the rights of the parties thereto,

or the person entitled to possession thereof. Provided that the District Magistrate or the Magistrate who has

attached the subject of dispute may withdraw the attachment at any time if he satisfied that there is no

longer any likelihood of a breach of the peace in regard to the subject of dispute.

(2) When the Magistrate attaches the subject of dispute, he may, if he thinks fit and if no receiver of the

property, the subject of dispute, has been appointed by any Civil Court appoint a receiver thereof, who,

subject to the control of the Magistrate, shall have ail the powers of a receiver appointed under the [Code

of Civil Procedure, 1908]: Provided that in the event of a receiver of the property, the subject of dispute,

being subsequently appointed by any Civil Court, possession shall be made over to him by the receiver

appointed by the Magistrate, who shall thereupon be discharged.

147. Disputes concerning rights of use of immovable property, etc. (1) Whenever any District

Magistrate 27[or Sub-Divisional Magistrate or an Executive Magistrate specially empowered by the

Provincial Government in this behalf] is satisfied, from a police-officer or other information, that a dispute

likely to cause a breach of the peace exists regarding any alleged right of user of any land or water as

explained in section 145. sub-section (2) (whether such rights be claimed as an easement or otherwise),

within the local limits of his jurisdiction, he may make an order in writing stating the grounds of his being

so satisfied and requiring the parties concerned in such dispute to attend the Court In person or by pleader

within a time to be fixed by such Magistrate and to put in written statement of their respective claims and

shall thereafter inquire into the matter in the manner provided in section 145, and the provisions of that

section shall, as for as may be applicable in the case of such inquiry.

(2) If it appears to such Magistrate that such right exists, he may make an order prohibiting any

interference with the exercise of such right: Provided that no such order shall be made where the right is

exercisable at all times of the years, unless such right has been exercised within three months next before

the institution of the inquiry, or where the right is exercisable only at particular seasons or on particular

occasions, unless the right has been exercised during the last of such seasons or on the last of such

occasions before such institution.

(3) If it appears to such Magistrate that such right does not exist, he may make an order prohibiting any

exercise of the alleged right.

(4) An order under this section shall be subject to any subsequent decision of a Civil Court of competent

jurisdiction.

148. Local inquiry. (1) Whenever a local inquiry is necessary for the purpose of this Chapter, any District

Magistrate or Sub-Divisional Magistrate may depute any Magistrate subordinate to him to make the

inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and

may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.

(2) The report of the person so deputed may be read as evidence in the case.

Order as to costs.

(3) When any costs have been incurred by any party to a proceeding under this Chapter the Magistrate

passing a decision under section 145, section 146 or section 147 may direct by whom such costs shall be

paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or

proportion. Such costs may Include any expenses incurred in respect of witnesses, and of pleaders' fees,

which the Court may consider reasonable.

CHAPTER XIII - PREVENTIVE ACTION OF THE POLICE

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149. Police to prevent cognizable offences. Every police-officer may interpose for the purpose of

preventing and shall, to the best of his ability prevent, the commission of any cognizable offence.

150. information of design to commit such offences. Every police-officer receiving information of a

design to commit any cognizable offence, shall communicate such information to the police officer to

whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the

commission of any such offence.

151. Arrest to prevent such offences. A police-officer knowing of a design to commit any cognizable

offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it

appears to such officer that the commission of the offence cannot be otherwise prevented.

152. Prevention of injury to public property. A police-officer may of his own authority interpose to

prevent any injury attempted to be committed in his view to any public property, movable or immovable,

or the removal or injury of any public landmark or buoy or other mark used for navigation.

153. Inspection of weights and measures. (1) Any officer incharge of a police-station may, without a

warrant, enter any place within the limits of such station for the purpose of inspecting or searching for any

weights or measures or instruments for weighing, used or kept therein, whenever he has reason to believe

that there are in such place any weights, measures or instruments for weighing which are false.

(2) If he finds in such place any weights, measures or instruments for weighing which are false, he may

seize the same, and shall forthwith give information of such seizure to a Magistrate having jurisdiction.

PART V - INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

CHAPTER XIV

154. Information in cognizable cases. Every information relating to the commission of a cognizable

offence If given orally to an officer incharge of a police-station, shall be reduced to writing by him or

under his direction, and be read over to the informant, and every such information, whether given in

writing or reduced to writing as aforesaid shall be signed by the person giving it, and the substance thereof

shall be entered in a book to be kept by such officer In such form as the Provincial Government may

prescribe in this behalf.

155. Information in non-cognizable cases. (1) When information is given to an officer incharge of a

police-station of the commission within the limits of such station of a non-cognizable offence, he shall

enter in a book to be kept as aforesaid the substance of such information and refer the informant to the

[Magistrate].

(2) Investigation into non-cognizable cases. No police-officer shall investigate a non-cognizable case

without the order of a Magistrate of first or second class having power to try such case [or send the same

for trial to the Court of Session].

(3) Any police-officer receiving such order may exercise the same powers in respect of the investigation

(except the power to arrest without warrant) as an officer incharge of a police station may exercise in a

cognizable case.

156. Investigation into cognizable case. (1) Any officer incharge of a police-station may, without the

order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area

within the limits of such station would have power to inquire into or try under the provisions of Chapter

XV relating to the place of inquiry or trial.

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(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground

that the case was one which such officer was not empowered under this section to investigate.

(3) Any Magistrate empowered under section 190 may order such an Investigation as above mentioned.

[(4) Notwithstanding anything contained in sub-sections (1) (2) or (3), no police-officer shall investigate an

offence under section 497 or section 498 of the Pakistan Penal Code, except upon a complaint made by the

husband of the woman, or, in his absence, by some person who had the care of such woman on his behalf

at the time when such offence was committed.]

157. Procedure where cognizable offence suspected. (1) If, from information received or otherwise an

officer incharge of a police-station has reason to suspect the commission of an offence which he is

empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate

empowered to take cognizance of such offence upon a police-report, and shall proceed in person, or shall

depute one of his subordinate officers not being below such rank as the Provincial Government may, by

general or special order, prescribe in this behalf to proceed, to the sport, to investigate the facts and

circumstances of the case, and, if necessary to take measures for the discovery and arrest of the offender:

Provided as follows:

(a) Where local Investigation dispensed with. When any information as to the commission of any such

offence is given against any person by name and the case is not of a serious nature, the officer Incharge of

a police-station need not proceed in person or depute a subordinate officer to make an investigation on the

spot;

(b) Where police officer incharge sees no sufficient ground for investigation, if it appears to the officer

Incharge of a police-station that there is no sufficient ground for entering on an investigation, he shall not

investigate the case.

(2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-section (1). the officer

incharge of the police-station shall state in his said report his reasons for not fully complying with the

requirements of that sub-section, and, in the case mentioned in clause (b). such officer shall also forthwith

notify to the informant, if any, in such manner as may be prescribed by the Provincial Government, the fact

that he will not investigate the case or cause it to be Investigated.

158. Report* under section 157 how submitted. (1) Every report sent to a Magistrate under section 157

shall, if the Provincial Government so directs, be submitted through such superior officer of police as the

Provincial Government, by general or special order appoints in that behalf.

(2) Such superior officer may give such instructions to the officer incharge of the police-station as he

thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the

Magistrate.

159. Power to hold investigation of preliminary inquiry. Such Magistrate, on receiving such report, may

direct an investigation or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to him to

proceed to hold a preliminary inquiry into, or otherwise to dispose of, the case in manner provided in this

Code.

160. Police-officer's power to require attendance of witnesses. Any police-officer making an

investigation under this Chapter may, by order in writing, require the attendance before himself of any

person being within the limits of his own or any adjoining station who, from the information given or

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otherwise, appears to be acquainted with the circumstances of the case; and such person shall attend as so

required.