Code of Criminal Procedure, 1898 PAKISTAN , SECTION 367 TO 425

Code of Criminal Procedure, 1898 PAKISTAN ,

SECTION 367 TO 425

367. Language of judgment: Contents of judgment. (1) Every such judgment shall, except as otherwise

expressly provided by this Code, be written by the presiding officer of the Court or from the dictation of

such presiding officer in the language of the Court, or in English; and shall contain the points for

determination, the decision thereon and the reasons for the decision; shall be dated and signed by the

presiding officer in open Court at the time of pronouncing it and with his own hand, every page of such

judgment shall be signed by him.

(2) It shall specify the offence (if any) of which, and the section of the Pakistan Penal Code or other law

under which the accused is convicted, and the punishment to which he Is sentenced.

(3) Judgment in alternative. When the conviction is-under the Pakistan Penal Code and it is doubtful under

which of two sections, or under which or two parts of the same section of that Code the offence falls, the

Court shall distinctly express the same, and pass judgment in the alternative.

(4) If it be a judgment of acquittal, it shall state the offence of which the accused is acquitted and direct that

he be set at liberty.

Proviso [x x x x x x x x] Omitted by Law Reforms Ordi. 1972, item 122. Enforced in the Province of

Punjab w.e.f. 26.12.1975.

(5) If the accused is convicted of an offence punishable with death, and the Court sentences him to any

punishment other than death, and Court shall in its judgment state the reason why sentence of death was

not passed.

(6) For the purposes of this section, an order under section 118 or section 123, sub-section (3), shall be

deemed to be a judgment.

368. Sentence of death. (1) When any person is sentenced to death, the sentence shall direct that he be

hanged by the neck till he is dead.

(2) [Omitted by Act XXV of 1974, item 123. Enforced in the Province of Punjab w.e.f. 26.12.1975].

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369. Court not to alter judgment. Save as otherwise provided by this Code or by any other law for the

time being in force or, in case of a High Court by the Letters Patent of such High Court no Court when it

has signed its judgment, shall alter or review the same, except to correct a clerical error.

370. [Presidency Magistrate judgment] Omitted by A.0.1949.

371. Copy of judgment, etc. to be given to accused ..... [(l) In every case where the accused is convicted

of an offence, a copy of the judgment shall be given to him at the time of pronouncing the judgment, or

when the accused so desires, a translation of the judgment in his own language. If practicable, or in the

language of the Court, shall be given to him without delay. Such copy or translation shall be given free of

cost.

Provided that this sub-section shall not apply to cases tried summarily or where the accused is convicted of

an offence under any law other than the Pakistan Penal Code]

(2) [Omitted by Law Reforms Ordinance, 1972, item No. 124 (ii)].

(3) When the accused is sentenced to death by a Sessions Judge, such Judge shall further inform him of the

period within which, if he wishes to appeal, his appeal should be preferred.

372. Judgment when to be translated. The original judgment shall be filled with the record of

proceedings, and, where the original is recorded In a different language from that of the Court and the

accused so requires, a translation thereof into the language of the Court shall be added to such record.

373. Court of Session to send copy of finding and sentence to District Magistrate. In cases tried by the

Court of Session, the Court shall forward a copy of its finding and sentence (if any) to the District

Magistrate within the local limits of whose jurisdiction the trial was held.

CHAPTER XXVII - OF THE SUBMISSION OF SENTENCES FOR CONFIRMATION

374. Sentence of death to be submitted by Court of Session. When the Court of Session passes sentence

of death, the proceedings shall be submitted to the High Court and the sentence shall not be executed

unless it is confirmed by the High Court.

375. Power to direct further inquiry to be made or additional evidence to be taken. (1) If when such

proceedings are submitted, the High Court thinks that a further inquiry should be made into, or additional

evidence taken upon, any point bearing upon the guilt or innocence of the convicted person, it may make

such inquiry to take such evidence itself, or direct it to be made or taken by the Court of Session.

[(2) Unless the High Court otherwise directs, the presence of the convicted person may be dispensed with

when such inquiry is made or such evidence Is taken.]

(3) When the Inquiry and the evidence (if any) are not made and taken by the High Court, the result of

such inquiry and the evidence shall be certified to such Court.

376. Power of High Court to confirm sentences or annul conviction. In any case submitted under

section 374, [....] the High Court:

(a) may confirm the sentence, or pass any other sentence warranted by law; or

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(b) may annul the conviction and convict the accused of any offence of which the Sessions Court might

have convicted him or order a new trial on the same or an amended charge; or

(c) may acquit the accused person ;

Provided that no order of confirmation shall be made under this section until the period allowed for

preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is

disposed of.

377. Confirmation of new sentence to be signed by two Judges. In every case so submitted, the

confirmation of the sentence, or any new sentence or order passed by the High Court, shall when such

Court consists of two or more judges, be made, passed and signed by at least two of them.

378. Procedure in case of difference of opinion. When any such case is heard before a Bench of Judges

and such Judges are equally divided, in opinion, the case, with their opinions thereon, shall be laid before

another Judge, and such Judge, after such hearing as he thinks fit, shall deliver his opinion and the

judgment or order shall follow such opinion.

379. Procedure in cases submitted to High Court for confirmation. In cases submitted by the Court of

Session to the High Court for the confirmation of sentence of death, the proper officer of the High Court

shall without delay, after the order of confirmation or other order has been made by the High Court, send a

copy of the order under the seal of the High Court and attested with his official signature, to the Court of

Session.

380. [Rep. by Probation of Offenders Ordinance. LXV of 1960].

CHAPTER XXVIII - OF EXECUTION

381. Execution of order passed under section 376. When a sentence of death passed by a Court of

Sessions is submitted to the High Court for confirmation, such Court of Session shall, on receiving the

order of confirmation or other order of the High Court thereon, cause such order to be carried into effect by

issuing a warrant or taking such other steps as may be necessary.

['Provided that the sentence of death shall not be executed if the heirs of the deceased pardon the convict or

enter into a compromise with him even at the last moment before execution of the sentence. ']

382. Postponement of capital sentence on pregnant woman. If a woman sentenced to death is found to

be pregnant, the High Court shall order the execution of the sentence to be postponed, and may, if it thinks

fit, commute the sentence to [imprisonment] for life.

[382-A. Postponement of execution of sentence of imprisonment under section 476 or for a period of

less than one year. Notwithstanding anything contained in section 383 or 391, where the accused:

(a) is awarded any sentence of imprisonment under section 476, or

(b) is sentenced in cases other then those provided for in Section 381, to imprisonment whether with or

without fine or whipping for a period of less than one year.

the sentence shall not, if the accused furnishes bail to the satisfaction of the Court for his appearance at

such time and place as the Court may direct, be executed., until the expiry of the period prescribed for

making an appeal against such sentence, or, if an appeal is made within that time, until the sentence of

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imprisonment is confirmed by the appellate Court, but the sentence shall be executed as soon as practicable

after the expiry of the period prescribed for making an appeal, or, in case of an appeal as soon as

practicable after the receipt of order of the appellate Court confirming the sentence.

[382-B. Reduction of period of sentence of imprisonment. The length of any sentence of imprisonment

imposed upon an accused person in respect of any offence shall be treated as reduced by any period during

which he was detained in custody for such offence]

N.W.F.P Amendment. In S. 382-B for the word 'may' the word 'shall' substituted by Cr.P.C. (Amndt.)

Regn., 1997, w.e.f. on the 23rd September, 1997. PLD 1999 N.W.F.P. St. p.36.

[382-C. Scandalous or false and frivolous pleas to be considered in passing sentence. In passing a

sentence on an accused for any offence, a Court may take Into consideration any scandalous or false and

frivolous plea taken in defence by him or on his behalf.]

383. Execution of sentence of [imprisonment] in other cases. Where the accused is sentenced to

(imprisonment] for life or imprisonment in cases other than those provided for by section 381 [and section

382-A] the Court passing the sentence shall forthwith forward a warrant to the jail in which he is, or is to

he confined, and, unless the accused is already confined in such jail, shall forward him to such jail, with the

warrant.

384. Direction of warrant for execution. Every warrant for the execution of sentence of imprisonment

shall be directed to the officer incharge of the jail or other place in which the prisoner is or is to be,

confined.

385. Warrant with whom to be lodged. When the prisoner is to be confined in a jail, the warrant shall be

lodged with the jailor.

386. Warrant for levy of fine. (1) Wherever an offender has been sentenced to pay a fine, the Court

passing the sentence may take action for the recovery of the fine in either or both of the following ways,

that is to say, it may:

(a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to

the offender;

(b) issue a warrant to the Collector of the District authorizing him to realize the amount by execution

according to civil process against the movable or immovable property, or both, of the defaulter;

Provided that, if the sentence directs that in default of payment of the fine the offender shall be imprisoned,

and if such offender has undergone the whole, of such imprisonment in default, no Court shall issue such

warrant [......].

(2) The Provincial Government may make rules regulating the manner in which warrants under sub-section

(1), clause (a) are to be executed, and for the summary determination of any claim made by any person

other than the offender in respect of any property attached in execution of such warrant.

(3) Where the Court issues a warrant to the Collector under sub-section (1) clause (b), such warrant shall

be deemed to be a decree, and the Collector to be the decree-holder, within the meaning of the Code of

Civil Procedure, 1908, and the nearest Civil Court by which any decree for a like amount could be

executed shall, for the purposes of the said Code, be. deemed to be the Court which passed the decree, and

all the provisions of that Code as to execution of decrees shall apply accordingly;

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Provided that no such warrant shall be executed by the arrest or detention in prison of the offender.

387. Effect of such warrant. A warrant issued under section 386, sub-section (1), clause (a), by any Court

may be executed within the local limits of the jurisdiction of such Court, and it shall authorize the

attachment and sale of any such property without such limits, when endorsed by the District Magistrate

within the local limits of whose jurisdiction such property is found.

388. Suspension of execution of sentence of imprisonment. (1) When an offender has been sentenced to

fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the

Court may:

(a) order that the fine shall be payable either in full on or before a date not more (than thirty days from the

date of the order, or in two or three instalments, of which the first shall be payable on or before a date not

more than thirty days form the date of the order and the other or others at an interval, or at intervals, as the

case may be, of not more than thirty days, and

(b) suspend the execution of the sentence of imprisonment and release the offender, on the execution by the

offender of a bond, with or without sureties, as the Court thinks fit, conditioned for his appearance before

the Court on the date or dates on or before which payment of the fine or the instalments thereof, as the case

may be, is to be mada; and if the amount of the fine or of any instalment, as the case may be, is not realized

on or before the latest date on which it is payable under the order, the Court may direct the sentence of

imprisonment to be carried into execution at once.

(2) The provisions of sub-section (1) shall be applicable also in any case in which an order for the payment

of money has been made on non-recovery of which imprisonment may be awarded and the money is not

paid forthwith; and, the person against whom the order has been made, on being required to enter into a

bond such as. is referred to in that sub-section, fails to do so, the Court may at once pass sentence of

imprisonment.

389. Who may issue warrant. Every warrant for the execution of any sentence may be issued either by

the Judge or Magistrate who passed the sentence, or by his successor-in-office.

390. Execution of sentence of whipping only. When the accused is sentenced to whipping only, the

sentence shall subject to the provisions of section 391 be executed at such place and time as the Court may

direct.

391. Execution of sentence of whipping, in addition to imprisonment. (1) When the accused:

(a) is sentenced to whipping only and furnishes bail to the satisfaction of the Court for his appearance at

such time and place as the Court may direct, or

(b) is sentenced to whipping in addition to imprisonment. The whipping shall not be inflicted until fifteen

days from the date of the sentence, or, if an appeal is made within that time, until the sentence is confirmed

by the Appellate Court, but the whipping shall be inflicted as soon as practicable after the expiry of the

fifteen days or in case of an appeal, as soon as practicable after the receipt of the order of the Appellate

Court confirming the sentence.

(2) The whipping shall be inflicted in the presence of the officer in charge of the jail, unless the Judge or

Magistrate orders it to be inflicted in his own presence.

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(3) No accused person shall be sentenced to whipping in addition to imprisonment when the term of

imprisonment to which he is sentenced is less than three months.

392. Mode of inflicting punishment. (1) In the case of a person of or over sixteen years of age whipping

shall be inflicted with a light rattan not less than half an inch in diameter, in such mode and on such part of

the person, as the Provincial Government directs; and, in the case of a person under sixteen years of age, it

shall be inflicted in such mode, and on such part of the person, and with such instruments, as the Provincial

Government directs.

(2) Limit of number of stripes. In no case shall such punishment exceed thirty stripes and, in the case of a

person under sixteen years of age, it shall not exceed fifteen stripes.

393. Not to be executed by instalments. Exemptions. No sentence of whipping shall be executed by

instalments and none of the following persons shall be punishable with whipping, namely:

(a) females;

(b) males sentenced to death or to [imprisonment for life] or to imprisonment for more than five years;

(c) males whom the Court considers to be more than forty-five years of age.

394. Whipping not to be inflicted if offender not in fit state of health. (1) The punishment of whipping

shall not be inflicted unless a medical officer, if present, certifies or if there is not a medical officer present,

unless it appears to the Magistrate or officer present that the offender is in a fit state of health to undergo

such punishment.

(2) Stay of execution, if during the execution of a sentence of whipping, a medical officer certifies, or it

appears to the Magistrate or officer present, that the offender is not in a fit state of health to undergo the

sentence, the whipping shall be finally stopped.

395. Procedure if punishment cannot be inflicted under section 394. (1) In any case in which, under

section 394, a sentence of whipping is, wholly or partially, prevented from being executed, the offender

shall be kept in custody till the Court which passed the sentence can revise it, and the said Court may, at its

discretion either remit such sentence or sentence the offender in lieu of whipping or in lieu of so much of

the sentence of whipping as was not executed, to imprisonment for any term not exceeding twelve months,

or to a fine not exceeding five hundred rupees, which may be in addition to any other punishment to which

he may have been sentenced for the same offence.

(2) Nothing in this section shall be deemed to authorize any Court to inflict imprisonment for a term or a

fine or an amount exceeding that to which the accused is liable by law, or that which the said Court is

competent to inflict.

396. Execution of sentence on escaped convicts. (1) When sentence is passed under this Code on an

escaped convict, such sentence, if of death fine or whipping shall, subject to the provisions hereinbefore

contained, take effect immediately, and, if of imprisonment, or [imprisonment for life] shall take effect

according to the following rules, that is to say:

(2) if the new sentence is severer in its kind than the sentence which such convict was undergoing when he

escaped, the new sentence shall take effect immediately.

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(3) When the new sentence is not severer in its kind than the sentence the convict was undergoing when he

escaped, the new sentence shall take effect after he has suffered imprisonment for a further period equal to

that which, at the time of his escape, remained unexpired of his former sentence.

Explanation. For the purposes of this section:

(a) x x x x x

(b) a sentence of imprisonment with solitary confinement shall be deemed severer than a sentence of the

same description of imprisonment without solitary confinement; and

(c) a sentence of rigorous imprisonment shall be deemed severer than a sentence of simple imprisonment

with or without solitary confinement.

[397. Sentence on offender already sentenced for another offence. When a person already undergoing a

sentence of imprisonment or imprisonment for life is sentenced to imprisonment, or imprisonment for life,

such imprisonment, or imprisonment for life shall commence at the expiration of the imprisonment, or

imprisonment for life to which he has been previously sentenced, unless the Court directs that the

subsequent sentence shall run concurrently with such previous sentence:

Provided that where a person who has been sentenced to imprisonment by an order under section 123 in

default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an

offence committed prior to the making of such order, the latter sentence shall commence immediately.]

398. Saving as to section 396 and 397. (1) Nothing in section 396 or section 397 shall be held to excuse

any person from any part of the punishment to which he is liable upon his former or subsequent conviction.

(2) When an award of imprisonment in default of payment of a fine is annexed to a substantive sentence of

imprisonment or to a sentence of [imprisonment for life], and the person undergoing the sentences is after

its execution to undergo a further substantive sentence, or further substantive sentences, of imprisonment,

or [imprisonment for life] effect shall not be given to the award of imprisonment in default of payment of

the fine until the person has undergone the further sentence or sentences.

399. Confinement of youthful offenders in reformatories. (1) When any person under the age of fifteen

years is sentenced by any Criminal Court to imprisonment for any offence, the Court may direct that such

person, instead of being imprisoned in a criminal jail, shall be confined in any reformatory established by

the Provincial Government as a fit place for confinement, in which there are means of suitable discipline

and of training in some branch of useful industry or which is kept by a person willing to obey such rules as

the Provincial Government prescribes with regard to the discipline and training of persons confined

therein.

(2) All persons confined under this section shall be subject to the rules so prescribed,

(3) This section shall not apply to any place in which the Reformatory Schools Act, 1897, is for the time

being in force.

400. Return of warrant on execution of sentences. When a sentence has been fully executed, the officer

executing it shall return the warrant to the Court from which it issued, with an endorsement under his hand

certifying the manner in which the sentence has been executed.

CHAPTER XXIX - OF SUSPENSIONS, REMISSIONS AND COMMUTATIONS OF SENTENCES

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401. Power to suspend or remit sentences. (1) When any person has been sentenced to punishment for an

offence, the Provincial Government may at any time without conditions or upon any conditions which the

person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the

punishment to which he has been sentenced.

(2) Whenever an applications is made to the Provincial Government for the suspension or remission of a

sentence Ihe Provincial Government may require the Presiding Judge of the Court before or by which the

conviction was had or confirmed to state his opinion as to whether the application should be granted or

refused, together with his reason for such opinion and also to forward with the statement of such opinion a

certified copy of the record of the trial or of such record thereof as exists.

(3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the Provincial

Government, not fulfilled the Provincial Government may cancel the suspension or remission, and

thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be

arrested by any police-officer without warrant and remanded to undergo the unexpired portion of the

sentence.

(4) The condition on which a sentence is suspended or remitted under this section may be one to be

fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his

will.

(4-A) The provisions, of the above sub-section shall also apply to any order passed by a Criminal Court

under any section of this Code or of any other law, which restricts the liberty of any person or imposes any

liability upon him or his property.

(5) Nothing herein contained shall be deemed to interfere with the right of the President or of the Central

Government when such right is delegated to it to grant pardons, reprieves, respites or remissions of

punishment.

(5-A) Where a conditional pardon is granted by the President or, in virtue of any powers delegated to it, by

the Central Government, any condition thereby imposed, of whatever nature, shall be deemed to have been

imposed by a sentence of a competent Court under this Code and shall be enforceable accordingly.

(6) The Provincial Government may, by general rules or special orders, give directions as to the suspension

of sentences and the conditions on which petition should be presented and dealt with.

402. Power to commute punishment. (1) The Provincial Government may, without the consent of the

persons sentenced, commute any one of the following sentences for any other mentioned after it: Death,

[imprisonment for life], rigorous imprisonment for a term not exceeding that to which he might have been

sentenced, simple imprisonment for a like term, fine.

(2) Nothing in this section shall affect the provisions of section 54 or section 55 of the Pakistan Penal

Code.

402-A. Sentence of death. The powers conferred by section 401 or 402 upon the Provincial Government

may, in the case of sentences of death, also be exercised by the President.

[402-B. Certain restrictions on the exercise of powers by Provincial Government. Notwithstanding

anything contained in section 401 or section 402, the Provincial Government shall not, except with the

previous approval of the President, exercise the powers conferred thereby in a case where the President has

passed any orders in exercise of his powers under the Constitution to grant pardons, reprieves and respites

or to remit, suspend or commute any sentence or of his powers under section. 402-A.]

("402-C. Remission or commutation of certain sentences not to be without consent. Notwithstanding

anything contained in section 401, section 402, section 402A or section 402B, the Provincial Government,

the Federal Government or the President shall not, without the consent of the victim or, as the case may be,

of his heirs, suspend remit or commute any sentence passed under any of the section in Chapter XVI of the

Pakistan Penal Code.')

CHAPTER XXX - OF PREVIOUS ACQUITTALS OR CONVICTIONS

403. Persons once convicted or acquitted not to be tried for the same offence. (1) A person who has

once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such

offence shall, while such conviction or acquittal remains in force, not to be liable to be tried again for the

same offence, nor on the same facts for any other offence for which a different charge from the one made

against him might have been made under section 36, or for which he might have been convicted under

section 237.

(2) A person acquitted or convicted for any offence may be afterwards tried for any distinct offence for

which a separate charge might have been made against him on the former trial under sections 235,

subsection (1).

(3) A person convicted of any offence constituted by any act causing consequences which together with

such act, constituted a different offence from that of which he was convicted, may be afterwards tried for

such last-mentioned offence, if the consequence had not happened, or were not happened, or were not

known to the Court to have happened, at the time when he was convicted.

(4) A person acquitted or convicted of any offence constituted by any acts may, notwithstanding such

acquittal or conviction, be subsequently charged with, and tried for any other offence constituted by the

same acts which he may have committed if the Court by which he was first tried was not competent to try

the offence with which he is subsequently charged.

(5) Nothing in this section shall affect the provision of section 26 of the General Clauses Act, 1897, or

section 188 of this Code.

Explanation. The dismissal of a complaint, the stopping of proceedings under section 249 [or the

discharge of the accused] is not acquittal for the purposes of this section.

Illustrations

(a) A is tried upon a charge of theft as a servant and acquitted. He cannot afterwards, while the acquittal

remains in force, be charged with theft as servant, or, upon the same facts, with theft simply or with

criminal breach of trust.

(b) A is tried upon a charge of murder and acquitted. There is no charge of robbery; but it appears from the

facts that A committed robbery at the time when the murder was committed; he may afterwards be charged

with, and tried for robbery.

(c) A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be tried

again for culpable homicide.

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(d) A is charged before the Court of Session and convicted of the culpable homicide of B. A may not

afterwards be tried on the same facts for the murder of B.

(e) A Is charged by a Magistrate of the first class with, and convicted by hint of, voluntarily causing hurt to

B. A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts, unless the

case comes within paragraph 3 of the section.

(0 A is charged by a Magistrate of the second class with, and convicted by him, of, theft of property from

the person of B. A may be subsequently charged with, and tried for, robbery on the same facts.

(g) A, B and C are charged by a Magistrate of the first class, with, and convicted by him of robbing D. A,

B and C may afterwards be charged with, and tried for dacoity on the same facts.

PART VII - OF APPEAL, REFERENCE AND REVISION - CHAPTER XXXI - OF APPEALS

404. Unless otherwise provided, no appeal to lie. No appeal shall lie from any judgment or order of a

Criminal Court except as provided for by this or by any other law for the time bring in force.

405. Appeal from order rejecting application for restoration of attached property. An person whose

application under section 89 for the delivery of property or the proceeds of the sale thereof has been

rejected by any Court may appeal to the Court to which appeals ordinarily lie from the sentences of the

former Court.

406. Appeal from order requiring security for keeping the peace or for good behavior. Any person

who has been ordered by a Magistrate under section 118 to give security for keeping the peace or for good

behavior may appeal against such order: to the Court of Session:

[Provided that the Provincial Government may, by notification in the official Gazette, direct that in any

district specified in the notification appeals from such orders made by a Magistrate other than the District

Magistrate shall lie to the District Magistrate and not the Court of Session:

Provided, further, that nothing in this section shall apply to person the proceedings against whom are laid

before a Sessions Judge in accordance with the provisions of subsection (2) or sub-section (3A) of section

123.]

[406-A. Appeal from order refusing to accept or rejecting a surety. Any person aggrieved by an order

refusing to accept or rejecting a surety under section 122 may appeal against such order to the Court of

Session].

[407. Appeal from sentence of Magistrate of the second or third class. (1) Any person convicted on a

trial held by any Magistrate of the second or third class, or any person sentenced under section 349 .... may

appeal to the District Magistrate.

(2) Transfer of appeals to first class Magistrate. The District Magistrate may direct that any appeal under

this section, or any class of such appeals, shall be heard by any Magistrate of the first class subordinate to

him and empowered by the Provincial Government to hear such appeals, and thereupon such appeal or

class of appeals may be presented to such subordinate Magistrate or If already presented to the District

Magistrate, may be transferred to such subordinate Magistrate. The District Magistrate may withdraw from

such Magistrate any appeal or class of appeals so presented or transferred.]

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408. Appeal from sentence of Assistant Sessions Judge or [Judicial Magistrate]. Any person convicted

on a trial held by an Assistant Sessions Judge, [or any Judicial Magistrate] or any person sentenced under

section 349 [....] may appeal to the Court of Session:

Provided as follows:

[(a) Clause (a) Rep. by Act 12 of 1923. S. 23.]

(b) when in any case an Assistant Sessions Judge [....] passes any sentence of imprisonment for a term

exceeding four years, [....] the appeal of all or any of the accused convicted at such trial shall lie to the

High Court:

(c) when any person is convicted by a Magistrate of an offence under section 124-A of the Pakistan Penal

Code, the appeal shall lie to the High Court.

[409. Appeal to Court of Session how heard. Subject to the provisions of this section, an appeal to the

Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions

Judge or an Assistant Sessions Judge;

Provided that an Additional Sessions Judge shall heard only such appeals as the Provincial Government

may, by general or special order, direct or as the Sessions Judge of the division may make over to him.

Provided further that no such appeal shall hear by an Assistant Sessions Judge unless the appeal is of a

person convicted on a trial held by a Magistrate of the second class or third class.]

410. Appeal from sentence of Court of Session. Any person convicted on a trial held by a Sessions

Judge, or an Additional Sessions Judge, may appeal to the High Court.

411. [Appeal from sentence of Presidency Magistrate}. Omitted by A.O., 1949, Sch.

411-A. Appeal from sentence of High Court. (1) Except in cases in which an appeal lies to the Supreme

Court under Article 185 of the Constitution any person convicted on a trial held by a High Court .in the

exercise of its original criminal jurisdiction may, notwithstanding anything contained in section 418 or

section 423, sub-section (2), or in the Letters Patent of any High Court, appeal to the High Court:

(a) against the conviction on any ground of appeal which involves a matter of law only:

(b) with the leave of the Appellate Court, or upon the certificate of the Judge who tried the case that it is a

fit case for appeal, against the conviction on any ground o\ appeal which involves a matter of fact only, or

a matter of mixed law and fact, or any other ground which appears to the appellate Court to be a sufficient

ground o) appeal; and

(c) with the leave of Appellate Court, against the sentence passed unless the sentence is one fixed by law.

(2) Notwithstanding anything contained in section 417, the Provincial Government may direct the Public

Prosecutor to present an appeal to the High Court from any order of acquittal passed by the High Court in

the exercise of its original criminal Jurisdiction, and such appeal may, notwithstanding anything contained

in section 418, or section 423, sub-section (2) or in the Letters Patent of any High Court, but subject to the

restrictions imposed by clause (b) and clause (c) of sub-section (1) of this section on an appeal against a

conviction, lie on a matter of fact as well as a matter of law.

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(3) Notwithstanding anything elsewhere contained in any Act or Regulation, an appeal under this section

shall be heard by a Division Court of the High Court composed of not less than two judges, being judges

other than the judge or judge by whom the original trial was held and if the constitution of such a Division

Court is impracticable, the High Court shall take action with a view to the transfer of the appeal under

section 527 to another High Court.

(4) Subject to such rules as may from time to time be made by the Supreme Court in this behalf, and to

such conditions as the High Court may establish or require, an appeal shall lie to the Supreme Court from

any order made on appeal under sub-section (1) by a Divisional Court of the High Court in respect of

which order the High Court declares that the matter is a fit one for such appeal.

412. No appeal in certain cases when accused pleads guilty. Notwithstanding anything hereinbefore

contained where an accused person has pleaded guilty and has been convicted by a High Court, a Court of

Session or Magistrate of the first class on such plea, there shall be no appeal except as to the extent or

legality of the sentence.

413. No appeal in petty cases. Notwithstanding anything hereinbefore contained, there shall be no appeal

by a convicted person in cases in which a High Court passes a sentence of imprisonment not exceeding six

months only or of fine not exceeding two hundred rupees only or in which a Court of Session passes a

sentence of imprisonment not exceeding one month only, or in which a Court of Session or [a] Magistrate

of the first class passes a sentence of fine not exceeding fifty rupees only.

Explanation. There is no appeal from a sentence of imprisonment passed by such Court or Magistrate in

default of payment of fine when no substantive sentence or imprisonment has also been passed.

414. No appeal from certain summary convictions. Notwithstanding anything hereinbefore contained,

there shall be no appeal by a convicted person in any case tried summarily in which a Magistrate

empowered to act under section 260 passes a sentence of fine not exceeding two hundred rupees only.

415. Proviso to sections 413 and 414. An appeal may be brought against any sentence referred to in

section 413 or section 414 by which any punishment therein mentioned is combined with any other

punishment, but not sentence which would not otherwise be liable to appeal shall be appealable merely on

the ground that the person convicted is ordered to find security to keep the peace.

Explanation. A sentence of imprisonment in default of payment of fine is not a sentence by which two or

more punishment are combined within the meaning of this section.

415-A. Special right of appeal in certain cases. Notwithstanding anything contained in this Chapter,

when more person than one are convicted in one trial, and an appealable judgment or order has been passed

in respect of any such person, all or any of the persons convicted at such trial shall have a right of appeal.

416. [Saving of sentence on European British subjects}. Rep. by the Criminal Law Amendment Act,

1923 (XII of 1923) S. 25.

[417. Appeal in case of acquittal. (1) Subject to the provision of sub-section (4), the Provincial

Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an

original or appellate order of acquittal passed by any Court other than a High Court.

(2) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an

application made to it by the complainant in this behalf grants special leave to appeal from the order of

acquittal the complainant may present such an appeal to the High Court.

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(2-A) A person aggrieved by the order of acquittal passed by any Court other than a High Court, may,

within thirty days, file an appeal against such order.'

(3) No application under sub-section (2) for the grant of special leave to appeal from an order of acquittal

shall be entertained by the High Court after the expiry of sixty days from the date of that order.

(4) If, in any case, the application under sub-section (2) for the grant of special leave to appeal from an

order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1).

418. Appeal on what matters admissible. (1) An appeal may lie on a matter of fact as well as matter of

law [....].

(2) [....]

Explanation. The alleged severity of a sentence shall, for the purposes of this section, be deemed to be a

matter of law.

419. Petition of appeal. Every appeal shall be made in the form of a petition in writing presented by the

appellant or his pleader, and every such petition shall (unless the Court to which it is presented otherwise

directs) be accompanied by a copy of the judgment or order appealed against [.... ].

420. Procedure when appellant in jail. If the appellant is in jail, he may present his petition of appeal and

the copies companying the same to the officer incharge of the jail, who shall thereupon forward such

petition and copies to the proper Appellate Court.

421. Summary dismissal of appeal. (1) On receiving the petition and copy under section 419 or section

420, the Appellate Court shall pursue the same, and, if it considers that there is no sufficient ground for

interfering, it may dismiss the appeal summarily:

Provided that no appeal presented under section 419 shall be dismissed unless the appellant or his pleader

has had a reasonable opportunity of being heard in support of the same.

(2) Before dismissing an appeal under this section, the Court may cal for the record of the case but shall

not be bound to do so.

422. Notice of appeal. If the Appellate Court does not dismiss the appeal summarily, it shall cause notice

to be given to the appellant or his pleader, and to such officer as the Provincial Government may appoint in

this behalf, of the time and place on which such appeal will be heard, and shall on the application of such

officer, furnish him with a copy of the grounds of appeal. and, in cases of appeals under section 411 A,

sub-section (2) or section 417 the Appellate Court shall cause a like notice to be given to the accused.

423. Powers of Appellate Court in disposing of appeal. (1) The Appellate Court shall then send for the

record of the case, if such record is not already in Court. After perusing such record, and hearing the

appellant or his pleader, if he appears, and the Public Prosecutor, if he appears, and, in case of an appeal

under section 411 A, sub-section (2) or section 417, the accused, if he appears, the Court may if it

considers that there is no sufficient ground for interfering, dismiss the appeal or may:

(a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or

that the accused be retried or [sent for trial to the Court of Session or the High Court], as the case may be

or find him guilty and pass sentence on him according to law;

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(b) in an appeal from a conviction, (1) reverse the finding and sentence, and acquit or discharge the

accused, or order him to be retried by a Court of competent jurisdiction subordinate to such Appellate

Court or sent for trial, or (2), alter the finding, maintaining the sentence, or, with or without altering the

finding reduce the sentence, or, (3) with or without such reduction and with or without altering the finding,

alter the nature of the sentence but, subject to the provisions of the section 106, sub-section (3) not so as to

enhance the same;

(c) in appeal from any other, order alter or reverse such order;

(d) make any amendment or any consequential or incidental order that may be just or proper.

(2) [Omitted by Law Reforms Ordinance, 1972 Item 147 Cr. P.O.]

424. Judgment of subordinate Appellate Courts. The rules contained in Chapter XXVI as to the

judgment of a Criminal Court of original jurisdiction shall apply so far as may be practicable, to the

judgment of any Appellate Court other than a High Court;

Provided that unless the Appellate Court otherwise directs, the accused shall not be brought up, or required

to attend, to hear judgment delivered.

425. Order by High Court on appeal to be certified to lower Court. (1) Whenever a case is decided on

appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which the

finding, sentence order appealed against was recorded or passed. If the finding, sentence or order was

recorded or passed by a Magistrate other than District Magistrate, the certificate shall be sent through the

District Magistrate.

(2) The Court to which the High Court certifies its judgment or order shall thereupon make such orders as

are conformable to the judgment or order of the High Court; and, if necessary, the record shall be amended

in accordance therewith.