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Code of Criminal Procedure

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  • Author : Faiz Mohummed Bhatti
  • Cover : Hard bound
  • Edition : 2024
  • Price : 5200
  • PKR: 7000
  • Description

C o n t e n t s

Part I

PRELIMINARY

Chapter I

Preamble.

1. Short title, Commencement.

2. Repeal of enactments, notifications, etc., under repealed Acts.

3. References to Code of Criminal Procedure and other repealed enactments.

4. Definitions.

5. Trial of offences under Penal Code.

Part II

CONSTITUTION AND POWERS OF

CRIMINAL COURTS AND OFFICES

Chapter II

OF THE CONSTITUTION OF

CRIMINAL COURTS AND OFFICES

6. Classes of Criminal Courts and Magistrates.

7. Sessions divisions and districts.

8. Power to divide districts into sub-divisions.

9. Court of Session.

10. Omitted

11. Omitted

12. Sub-ordinate Magistrates.

13. Omitted

14. Special Judicial [****] Magistrates.

14-A. Appointnment of Special Migistrates.

15. Benches of Magistrates.

16. Power to frame rules for guidance of Magistrates and Benches.

17. Subordination of [****] Magistrates and Benches to Sessions Judge

18-21. Omitted.

22. Appointment of Justices of the Peace.

22-A. Powers of Justices of the Peace.

22-B. Duties of Justices of the Peace.

23-24. Repealed

25. Ex-Officio Justices of the Peace.

26-27. Repealed.

Chapter III

POWERS OF COURTS

28. Offences under Penal Code.

29. Offences under other laws.

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

29-B. Jurisdiction in the case of juveniles.

30. Offences not punishable with death.

31. Sentences which High Courts and Sessions Judges may pass.

32. Sentences which Magistrates may pass.

33. Power of Magistrate to sentence to imprisonment in default of fine.

34. Higher powers of certain *** Magistrates.

34-A. Sentences which Courts and Magistrates may pass upon European British subjects.

35. Sentence in cases of conviction of several offences at one trial.

36. Ordinary powers of Magistrates.

37. Additional powers conferrable on Magistrates.

38. Omitted.

39. Mode of conferring powers.

40. Powers of officers appointed.

41. Withdrawal of powers.

Part III

GENERAL PROVISIONS

Chapter IV

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

42. Public when to assist Magistrate and Police.

43. Aid to person other than police-officer, executing warrant.

44. Public to give information of certain offences.

45. Village-headman, accountants, landholders and others bound to report certain matters.

Chapter V

OF ARREST, ESCAPE AND RETAKING

46. Arrest how made.

47. Search of place entered by person sought to be arrested.

48. Procedure where ingress not obtainable.

49. Power to break open doors and windows for purposes of liberation.

50. No unnecessary restraint.

51. Search of arrested persons.

52. Mode of searching women.

53. Power to seize offensive weapons.

53-A. Examination of person accused of rape, etc. by medical practitioner

54. When police may arrest without warrant.

55. Arrest of vagabonds, habitual robbers, etc.

56. Procedure when police officer deputes subordinate to arrest without warrant.

57. Refusal to give name and residence.

58. Pursuit of offenders into other jurisdictions.

59. Arrest by private persons and procedure on such arrest.

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

61. Persons arrested not to be detained more than wenty-four hours.

62. Police to report apprehensions.

63. Discharge of person apprehended.

64. Offence committed in Magistrate's presence.

65. Arrest by or in presence of Magistrate.

66. Power, on escape to pursue and retake.

67. Provisions of sections 47, 48 and 49 to apply to arrests under section 66.

Chapter VI

OF PROCESSES TO IMPEL APPEARANCES

68. Form of summons.

69. Summons how served.

70. Service when person summoned cannot be found.

71. Procedure when service cannot be effected as before provided.

72. Service on servant of State or of Railway Company.

73. Service of summons outside local limits

74. Proof of service in such cases and when serving person not present.

75. Form of warrant of arrest.

76. Court may direct security to be taken.

77. Warrants to whom directed.

78. Warrant may be directed to land holders, etc.

79. Warrant directed to police officer.

80. Notification of substance of warrant.

81. Person arrested to be brought before Court without delay.

82. Where warrant may be executed.

83. Warrant forwarded for execution outside jurisdiction.

84. Warrant directed to police officer for execution outside jurisdiction.

85. Procedure on arrest of person against to whom warrant issued

86. Procedure by Magistrate before whom person arrested is brought.

86-A. Procedure for removal in custody to Tribal Area.

87. Proclamation for person absconding.

88. Attachment of property of person absconding.

89. Restoration of attached property.

90. Issue of warrant in lieu of or in addition to summons.

91. Power to take bond for appearance.

92. Arrest by breach of bond for appearance.

93. Provisions of this Chapter generally applicable to summonses and warrants of arrest.

93-A. Sending of summons for service outside Pakistan.

93B. Sending of warrants for execution outside Pakistan.

93C. Service and execution in Pakistan of processes received from outside Pakistan.

Chapter VII

Of PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS AND OTHER MOVABLE PROPERTY, AND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED

94. Summons to produce document or other thing

95. Procedure as to letters and telegrams

96. When search-warrant may be issued.

97. Power to restrict warrant

98. Search of house suspected to contain stolen property, forged documents, etc.

99. Disposal of things found in search beyond jurisdiction.

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

99-B. Application to High Court to set aside order of forfeiture.

99-C. Hearing by Special Bench.

99-D. Order of High Court setting aside forfeiture.

99-E. Evidence to prove nature or tendency of newspaper.

99F. Procedure in High Court

99G. Jurisdiction barred

100. Search for persons wrongfully confined

101. Direction, etc., of search-warrants.

102. Persons in charge of closed place to allow search.

103. Search to be made in presence of witnesses.

104. Power to impound document, etc., produced.

105. Magistrate may direct search in his presence.

Part IV

PREVENTION OF OFFENCES

Chapter VIII

OF SECURITY FOR KEEPING

THE PEACE AND FOR GOOD BEHAVIOUR

106. Security for keeping the peace on conviction

107. Security for keeping the peace in other cases

108. Security for good behaviour from persons disseminating seditious matter.

109. Security for good behaviour from vagrants and suspected persons.

110. Security for good behaviour from habitual offenders.

111. Proviso as to European vagrants.

112. Order to be made.

113. Procedure in respect of person present in Court.

114. Summons or warrant in case of person not so present.

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

116. Power to dispense with personal attendance.

117. Inquiry as to truth of information.

118. Order to give security.

119. Discharge of person informed against.

120. Commencement of period for which security is required.

121. Contents of bond.

122. Power to reject sureties.

123. Imprisonment in default of security.

124. Power to release persons imprisoned for failing to give security.

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

126. Discharge of sureties.

126-A. Security for unexpired period of bond

Chapter IX

UNLAWFUL ASSEMBLIES

MAINTAIN OF PUBLIC PEACE AND SOCIETY

127. Assembly to disperse on command of Magistrate or police-officer.

128. Use of civil force to disperse.

129. Use of military force.

130. Duty of officer commanding troops required by Magistrate to disperse assembly.

131. Power of commissioned military officers to disperse assembly.

131-A. Power to use military force for public security and maintenance of law and order.

132. Protection against prosecution for act done under this Chapter

132-A. Definitions.

Chapter X

PUBLIC NUISANCES

133. Conditional order for removal of nuisance.

134. Service or notification of order.

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

136. Consequence of his failing to do so.

137. Procedure where he appears to show cause.

138. Procedure where he claims jury.

139. Procedure where jury finds Magistrate's order to be reasonable.

139-A. Procedure where existence of public right is denied.

140. Procedure on order being made absolute.

141. Procedure on failure to appoint jury or omission to return verdict.

142. Injunction pending inquiry.

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

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.

Chapter XII

DISPUTES AS TO IMMOVABLE PROPERTY

145. Procedure where dispute concerning land, etc., is likely to cause breach of peace.

146. Power to attach subject of dispute.

147. Disputes concerning rights of use of immovable property, etc.

148. Local inquiry.

Chapter XIII

PREVENTIVE ACTION OF THE POLICE

149. Police to prevent cognizable offences.

150. Information of design to commit such offences.

151. Arrest to prevent such offences.

152. Prevention of injury to public property.

153. Inspection of weights and measures.

Part V

INFORMATION TO THE POLICE

AND THEIR POWERS TO INVESTIGATE

Chapter XIV

154. Information in cognizable cases.

155. Information in non-cognizable cases.

156. Investigation into cognizable cases.

156-A. Investigation of offence under section 295 C, Pakistan Penal Code.

156-B. Investigation against a woman accused of the offence of zina.

157. Procedure where cognizable offence suspected.

158. Reports under section 157 how submitted.

159. Power to hold investigation of preliminary inquiry.

160. Police officer's power to require attendance of witnesses.

161. Examination of witnesses by police.

161-A. Legal representation of victim of rape, etc.

162. Statements to police not to be signed; use of such statements in evidence.

163. No inducement to be offered.

164. Power to record statements and confessions.

164-A. Medical examination of victim of rape, etc.

164-B. DNA test

165. Search by police officer.

166. When officer in charge of police-station may require another to issue search warrant.

167. Procedure when investigation cannot be completed in twenty-four hours.

168. Report of investigation by subordinate police-officer.

169. Release of accused when evidence deficient.

170. Case to be sent to Magistrate when evidence is sufficient.

171. Complainants and witnesses not to be required to accompany police officer.

172. Diary of proceedings in investigation.

173. Report of police officer.

174. Police to inquire and report on suicide, etc.

174-A. Grievous injury by burns.

175. Power to summon persons.

176. Inquiry by Magistrate into cause of death.

Part VI

PROCEEDINGS IN PROSECUTIONS

Chapter XV

OF THE JURISDICTION OF

THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

177. Ordinary place of inquiry and trial

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

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

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

181. Being a thug or belonging to a gang of dacoits, escape from custody, etc.

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.

183. Offence committed on a journey

184. Offences against Railway, Telegraph, Post Office and Arms Acts.

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

186. Power to issue summons or warrant for offence committed beyond local jurisdiction Magistrate's procedure on arrest.

187. Procedure where warrant issued by subordinate Magistrate.

188. Liability for offences committed outside Pakistan.

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

190. Cognizance of offences by Magistrates

191. Transfer on application of accused.

192. Transfer of cases

193. Cognizance of offences by Courts of Session.

194. Cognizance of offences by High Court.

195. Prosecution for contempt of lawful authority of public servants.

196. Prosecution for offences against the State.

196-A. Prosecution for certain classes of criminal conspiracy.

196-B. Preliminary inquiry in certain cases

197. Prosecution of Judges and public servants.

198. Prosecution for breach of contract, defamation and offences against marriage.

198-A. Prosecution for defamation against public servants in respect of their conduct in the discharge of public functions.

199. Prosecution for adultery or enticing a married woman.

199-A. Objection by lawful guardian to complaint by person other than person aggrived.

199-B. Form of authorisation under second proviso to section 198 or 199.

Chapter XVI

OF COMPLAINTS TO MAGISTRATES

200. Examination of complainant.

201. Procedure by Magistrate not competent to take cognizance of the case.

202. Postponement of issue of process.

203. Dismissal of complaint.

203-A. Complaint in case of Zina.

203-B. Complaint in case of Qazf.

203-C. Complaint in case of fornication.

Chapter XVII

ON THE COMMENCEMENT OF

PROCEEDINGS BEFORE COURT

204. Issue of process.

205. Magistrate may dispense with personal attendance of accused.

Chapter XVII

ON INQUIRY INTO CASES TRIABLE

BY THE COURT OF SESSION OR HIGH COURT

206-220. Omitted

Chapter XIX

OF THE CHARGE FORM OF CHARGES

221. Charge to state offence.

222. Particulars as to time Place and person.

223. When manner of committing offence must be stated.

224. Words in charge taken in sense of law under which offence is punishable.

225. Effect of errors.

226. Procedure on commitment without charge or with imperfect charge.

227. Court may alter charge.

228. When trial may proceed immediately after alteration.

229. When new trial may be directed, or trial suspended.

230. Stay of proceedings if prosecution of offence in altered charge require previous sanction.

231. Re-call of witnesses when charge altered.

232. Effect of material error.

233. Separate charges for distinct offences.

234. Three offences of same kind within year may be charged together.

235. Trial for more than one offence.

236. Where it is doubtful what offence has been committed.

237. When a person is charged with one offence, he can be convicted of another.

238. When offence proved included in offence charged.

239. What persons may be charged jointly.

240. Withdrawal of remaining charges on conviction on one of several charges.

Chapter XX

OF THE TRIAL OF CASES BY MAGISTRATES

241. Procedure in trial of cases

241-A. Supply of statements and documents to the accused.

242. Charge to be framed

243. Conviction on admission of truth of accusation

244. Procedure when no such admission is made

244-A. Statement made under section 164

245. Acquittal

245-A. Procedure in case of previous convictions.

246. Finding not limited by compliant or summons.

247. Non-appearance of complainant.

248. Withdrawal of complaint

249. Power to stop proceedings when no complainant.

249A. Power of Magistrate to acquit accused at any stage.

250. False, frivolous or vexatious accusations

250-A. Special summons in case of petty offences.

Chapter XXI

OF THE TRIAL OF WARRANT-CASES BY MAGISTRATES

251-259. Omitted.

Chapter XXII

OF SUMMARY TRIALS

260. Power to try summarily.

261. Power to invest Bench of Magistrates invested with less powers.

262. Procedure prescribed in Chapter XX applicable.

263. Record in cases where there is no appeal.

264. Record in appealable cases.

265. Language of record and judgment

Chapter XXII-A

TRIALS BEFORE HIGH COURTS AND COURTS OF SESSION

265-A. Trials before Court of Session to be conducted by Public Prosecutor.

265-B. Procedure in cases triable by High Courts and Courts of Session.

265-C. Supply of statements and documents to the accused.

265-D. When charge is to be framed.

265-E. Plea.

265-F. Evidence for prosecution.

265-G. Summing up by prosecutor and defence.

265-H. Acquittal or conviction.

265-I. Procedure in case of previous conviction.

265-J. Statement under section 164 admissible.

265-K. Power of Court to acquit accused at any stage.

265-L. Power of Advocate-General to stay prosecution.

265-M. Time of holding sittings.

265-N. Place of holding sittings.

Chapter XXIII

OF TRIALS BEFORE HIGH COURTS AND COURTS OF SESSION

266-336. Omitted

Chapter XXIV

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

337. Tender of pardon to accomplice.

338. Power to grant or tender pardon.

339. Commitment of person to whom pardon has been tendered.

339-A. Procedure in trial of person under section 339.

340. Right of person against whom proceedings are instituted to be defended and his competency to be a witness.

341. Procedure where accused does not understand proceedings.

342. Power to examine the accused.

343. No influence to be used to induce disclosures.

344. Power to postpone or adjourn proceedings.

344. Conclusion of trial

345. Compounding offences.

346. Procedure of Magistrate in cases which he cannot dispose of.

347. Procedure when after commencement of trial, Magistrate finds case should be tried by Court of Session or High Court.

348. Trial of persons previously convicted of offences against coinage, stamp-law or property.

349. Procedure when Magistrate cannot pass sentence sufficiently severe.

350. Conviction an evidence partly recorded by one presiding officer and partly by another.

350-A. Changes in constitution of Benches.

351. Detention of offenders attending Court.

352. Courts to be open.

Chapter XXV

OF THE MODE OF TAKING

AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS

353. Evidence to be taken in presence of accused.

354. Manner of recording evidence.

355. Record in trials of certain cases by first and Second class Magistrates

356. Record in other cases.

357. Language of record of evidence.

358. Option to Magistrate in cases under section 355.

359. Mode of recording evidence under section 356 or section 357.

360. Procedure in regard to such evidence when completed.

361. Interpretation of evidence to accused or his pleader.

362. Record of evidence in Presidency Magistrate's Court.

363. Remarks respecting demeanour of witness.

364. Examination of accused how recorded.

365. Record of evidence in High Court.

Chapter XXVI

OF THE JUDGMENT

366. Mode of delivering judgment.

367. Language of judgment Contents of judgment.

368. Sentence of death.

369. Court not to alter judgment.

370. Presidency Magistrate's judgment.

371. Copy of Judgment, etc., to be given to accused ***.

372. Judgment when to be translated.

373. Court of Session to send copy of finding and sentence to [officer-in-charge of prosecution].

Chapter XXVII

OF THE SUBMISSION OF SENTENCES FOR CONFIRMATION

374. Sentence of death to be submitted by Court of Session.

375. Power to direct further inquiry to be made or additional evidence to be taken.

376. Power of High Court to confirm sentence or annul conviction.

377. Confirmation of new sentence to be signed by two Judges.

378. Procedure in case of difference of opinion.

379. Procedure in cases submitted to High Court for confirmation.

380. Procedure in cases submitted by Magistrate not empowered to act under section 562.

Chapter XXVIII

OF EXECUTION

381. Execution of order passed under section 376.

382. Postponement of capital sentence on pregnant woman.

382-A. Postponement of execution of sentences of imprisonment under section 476 or for a period of less than one year.

382-B. Period of detention to be considered while awarding sentence of imprisonment.

382-C. Scandalous or false and frivalous pleas to be considered in passing sentence.

383 Execution of sentences of imprisonment for life or imprisonment in other cases

384. Direction of warrant for execution.

385. Warrant with whom to be lodged.

386. Warrant for levy of fine.

387. Effect of such warrant.

388. Suspension of execution of sentence of imprisonment.

389. Who may issue warrant.

390. Execution of sentence of whipping only.

391. Execution of sentence of whipping, in addition to imprisonment.

392. Mode of inflicting punishment

393. Not to be executed by instalments Exemptions.

394. Whipping not to be inflicted if offender not in fit state of health.

395. Procedure if punishment cannot be inflicted under section 394.

396. Execution of sentences on escaped convicts.

397. Sentence on offender already sentenced for another offence.

398. Saving as to sections 396 and 397.

399. Confinement of youthful offenders in reformatories.

400. Return of warrant on execution of sentence.

Chapter XXIX

OF SUSPENSIONS, REMISSIONS

AND COMMUTATIONS OF SENTENCES

401. Power to suspend or remit sentences.

402. Power to commute punishment.

402-A. Sentence of death.

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

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

402-D Provincial Government not interfere in sentences of rape

Chapter XXX

OF PREVIOUS ACQUITTALS OR CONVICTIONS

403. Person once convicted or acquitted not to tried for same offence.

Part VII

OF APPEAL, REFERENCE

AND REVISION

Chapter XXXI

OF APPEALS

404. Unless otherwise provided, no appeal to lie.

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

406. Appeal from order requiring security for keeping the peace or for good behaviour.

406-A. Appeal from order refusing to accept or rejecting a surety.

407. Omitted.

408. Appeal from sentence of Assistant Sessions Judge or Judicial Magistrate.

409. Appeals to Court of Session how heard.

410. Appeal from sentence of Court of Session.

411. Appeal from sentence of Presidency Magistrate.

411-A. Appeal from sentence of High Court.

412. No appeal in certain cases when accused pleads guilty.

413. No appeal in petty cases.

414. No appeal from certain summary convictions.

414-A. No appeal from certain summary convictions under the law relating to price control

415. Proviso to sections 413 and 414.

415-A. Special right of appeal in certain cases.

416. Saving of sentences on European British subjects.

417. Appeal in case of acquittal.

418. Appeal on what matters admissible.

419. Petition of appeal.

420. Procedure when appellant in jail.

421. Summary dismissal of appeal.

422. Notice of appeal.

423. Powers of Appellate Court in disposing of appeal.

424. Judgments of subordinate Appellate Courts.

425. Order by High Court on appeal to be certified to lower Court.

426. Suspension of sentence pending appeal. Release of appellant on bail.

427. Arrest of accused in appeal from acquittal.

428. Appellate Court may take further evidence or direct it to be taken.

429. Procedure where Judges of Court of Appeal are equally divided.

430. Finality of orders on appeal.

431. Abatement of appeals.

Chapter XXXII

OF REFERENCE AND REVISION

432-434. Omitted.

435. Power to call for records of inferior Courts.

436. Power to order further inquiry.

437. Power to order commitment.

438. Omitted.

439. High Court's powers of revision.

439-A. Sessions Judges powers of revision.

440. Optional with Court to hear parties.

441. Statement by Presidency Magistrate of grounds of his decision to be considered by High Court.

442. High Court's order to be certified to lower Court or Magistrate.

Part VIII

SPECIAL PROCEEDINGS

Chapter XXXIII

SPECIAL PROVISIONS RELATING TO CASES IN WHICH EUROPEANS AND PAKISTANI BRITISH SUBJECT ARE CONCERNED

443-463. Omitted.

Chapter XXXIV

LUNATICS

464. Procedure in case of accused being lunatic.

465. Procedure in case of person sent for trial Court of Session or High Court being lunatic.

466. Release of lunatic pending investigation or trial.

467. Resumption of inquiry or trial.

468. Procedure on accused appearing before Magistrate or Court.

469. When accused appears to have been insane.

470. Judgment of acquittal on ground of lunacy.

471. Person acquitted on such ground to be detained in safe custody.

472. Repealed.

473. Procedure where lunatic prisoner is reported capable of making his defence.

474. Procedure where lunatic detained under section 466 or 471 is declared fit to be released.

475. Delivery of lunatic to care of relative or friend.

Chapter XXXV

PROCEEDINGS IN CASE OF CERTAIN

OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

476. Procedure in cases mentioned in section 195.

476-A. Forwarding of cases for trial by Courts having jurisdiction.

476-B. Omitted.

477. Repealed.

478. Omitted.

479. Omitted.

480. Procedure in certain cases of contempt.

481. Record in such cases.

482. Procedure where Court considers that case should not be dealt with under section 480.

483. When Registrar or Sub-Registrar to be deemed a Civil Court within sections 480 and 482.

484. Discharge of offender on submission or apology.

485. Imprisonment or committal of person refusing to answer or produce document.

486. Appeals from convictions in contempt cases.

487. Certain Judges and Magistrates not to try offences referred to in section 195 when committed before themselves.

Chapter XXXVI

OF THE MAINTENANCE OF WIVES AND CHILDREN

488-490. Omitted.

Chapter XXXVII

DIRECTIONS OF THE NATURE OF A HABEAS CORPUS

491. Power to issue directions of the nature of a habeas corpus.

491-A. Powers of High Court outside the limits of appellate jurisdiction.

Part IX

SUPPLEMENTARY PROVISIONS

Chapter XXXVIII

OF THE PUBLIC PROSECUTOR

492. Power to appoint Public Prosecutors.

493. Public Prosecutor may plead in all Courts in cases under his charge Pleaders privately instructed to be under his direction.-

494. Effect of withdrawal from prosecution.

495. Permission to conduct prosecution.

Chapter XXXIX

OF BAIL

496. In what cases bail to be taken.

497. When bail may be taken in case of non-bailable offence.

498. Power to direct admission to bail or reduction of bail.

498-A. No bail to be granted to a person not in custody, in Court or against whom no case is registered etc.

499. Bond of accused and sureties.

500. Discharge from custody

501. Power to order sufficient bail when that first taken is insufficient.

502. Discharge of sureties

Chapter XL

OF COMMISSIONS FOR THE EXAMINATION OF WITNESSES

503. When attendance of witness may be dispensed with.

504. Commission in case of witness being within Presidencytown.

505. Parties may examine witnesses.

506. Power of Magistrate to apply for issue of commission.

507. Return of commission.

508. Adjournment of inquiry or trial.

508-A. Application of this Chapter to commissions issued in Burma.

Chapter XLI

SPECIAL RULES OF EVIDENCE

509. Deposition of medical witness.

510. Report of Chemical Examiner, Serologist etc.

511. Previous conviction or acquittal how proved.

512. Record of evidence in absence of accused.

Chapter XLII

PROVISIONS AS TO BONDS

513. Deposit instead of recognizance.

514. Procedure on forfeiture of bond.

514-A. Procedure in case of insolvency or death of surety or when a bond is forfeited.

514-B. Bond required from a minor.

515. Appeal from and revision of orders under section 514.

516. Power to direct levy of amount due on certain recognizances.

Chapter XLIII

OF THE DISPOSAL OF PROPERTY

516-A. Order for custody and disposal of property pending trial in certain cases.

517. Order for disposal of property regarding which offence committed.

518. Order may take form of reference

519. Payment to innocent purchaser of money found on accused.

520. Stay of order under section 517, 518 or 519.

521. Destruction of libellous and other matter.

522. Power to restore possession of immoveable property.

522-A. Power to restore possession of moveable property.

523. Procedure by police upon seizure of property taken under section 51 or stolen.

524. Procedure where no claimant appears within six months

525. Power to sell perishable property

Chapter XLIV

OF THE TRANSFER OF

CRIMINAL CASES

526. High Court may transfer case or itself try it.

526-A. High Court to transfer for trial to itself in certain cases.

527. Power of Provincial Government to transfer cases and appeals.

528. Sessions Judge may withdraw cases from Assistant Sessions Judge.

528-A. Omitted.

Chapter XLV

OF IRREGULAR PROCEEDINGS

529. Irregularities which do not vitiate proceedings.

530. Irregularities which vitiate proceedings.

531. Proceedings in wrong place

532. When irregular commitments may be validated.

533. Non-compliance with provisions of Section 164 or 364.

534. Ommission to give information under Section 447.

535. Effect of omission to prepare charge.

536. Trial by jury of offence triable with assessors.

537. Finding or sentence when reversible by reason of error or omission in charge or other proceedings.

538. Attachment not illegal, person making same not trespasser for defect or want of form in proceedings.

Chapter XLVI

MISCELLANEOUS

539. Court and persons before whom affidavits may be sworn.

539-A. Affidavit in proof of conduct of public servant.

539-B. Local Inspection.

540. Power to summon material witness or examine person present.

540-A. Provision for inquiries and trial being held in the absence of accused in certain cases.

541. Power to appoint place of imprisonment.

542. Power of Presidency Magistrate to order prisoner in jail to be brought up for examination.

543. Interpreter to be bound to interpret truthfully.

544. Expenses of complainants and witnesses.

544-A. Compensation of the heirs to the person killed etc.

545. Power of Court to pay expenses of compensation out of fine.

546. Payments to be taken into account in subsequent suit

546-A. Order of payment of certain fees paid by complainant in non-cognizable cases.

547. Moneys ordered to be paid recoverable as fines

548. Copies of proceedings.

549. Delivery to military authorities of persons liable to be tried by Court-martial.

550. Powers of police to seize property suspected to be stolen.

551. Powers of superior officers of police.

552. Powers to compel restoration of abducted females.

553. Compensation to persons groundlessly given in charge in presidency-town.

554. Power of * High Courts to make rules for inspection of records of subordinate Courts.

555. Forms.

556. Case in which Judge or Magistrate is personally interested.

557. Practising pleader not to sit as Magistrate in certain Courts.

558. Powers to decide language of Courts.

559. Provision for powers of Judges and Magistrates being exercised by their successors in office.

560. Officers concerned in sales not to purchase or bid for property.

561. Special provisions with respect to offence of rape by a husband.

561-A. Saving of inherent power of High Court.

562. Powers of Court to release certain convicted Offenders on probation of good conduct instead of sentencing to punishment

563. Provision in case of offender failing to observe conditions of his recognizance

564. Conditions as to abode of offender

565. Order for notifying address of previously convicted offender.

Schedule I.-- Repealed.

Schedule II.-- Tabular Statements of Offences.

Schedule III.-- Ordinary Powers of Provincial Magistrate.

Schedule IV.-- Additional Powers with which Provincial Magistrates may be invested.

SCHEDULE V.--Forms.

INDEX

 



 
7000 (PKR)
5200 (PKR)