THE CODE OF CRIMINAL PROCEDURE, 1898.
As amended by Act II of 1997
PART I - PRELIMINARY - CHAPTER I
1. Short title
Commencement
Extent
2. [Repealed by Act X of 1914]
3. References to Code of Criminal Procedure and other repealed enactments.
Expressions in former Acts
4. Definitions
Words referring to acts.
Words to have same meaning as in Pakistan Penal Code
5. Trial of offences under Penal Code
Trial of offences against other laws
PART II - CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES - CHAPTER II - OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES
A. Classes of Criminal Courts
6. Classes of Criminal Courts
B. Territorial Divisions
7. Sessions divisions and districts
Power to alter divisions and districts
Existing divisions and districts maintained till altered
8. Power to divide districts into sub-divisions Existing sub-divisions maintained
C. Courts and Offices
9. Court of Sessions
10. District Magistrate
11. Officers temporarily succeeding to vacancies in office of District Magistrates
12. Subordinate Magistrates
Local limits of their jurisdiction
13. Power to put Magistrate incharge of sub-division. Delegation of powers to District Magistrate
14. Special Magistrates
15. Benches of Magistrates
Power exercisable by Bench in absence of special direction
16. Power to frame rules for guidance of Benches
17. Subordination of Magistrates and Benches to District Magistrate; to Sub-divisional Magistrate Subordination of Assistant Sessions Judges to Sessions Judges
D. Courts of Presidency Magistrates
18-21. [Omitted by A.O 1949]
E. Justices of the Peace
22. Appointment of Justice of the Peace
22-A. Power of Justice of Peace.
22-B. Duties of Justice of Peace.
23-24.[Repealed by Act XII of 1923]
25. Ex-officio Justice of the Peace
F. Suspension and Removal
26-27. [Repealed by A.O. 1937]
CHAPTER III - POWER OF COURTS
A. Description of Offences cognizable by each Court
28. Offences under Penal Code
29. Offences under other laws
29-A. [Omitted by Act II of 1950]
29-B. Jurisdiction in the case of juveniles
30. Offences not punishable with death
B. Sentences which may be passed by Courts of various Classes
31. Sentences which High Courts and Sessions Judges may pass
32. Sentences which Magistrates may pass
33. Power of Magistrates to sentence to imprisonment in default of fine
Proviso as to certain cases
34. Higher Powers of certain District Magistrates
34-A. [Omitted by Act II of 1950]
35. Sentence in case of conviction of several offences at one trial Maximum term of punishment,
C. Ordinary and Additional Powers
36. Ordinary powers of Magistrates
37. Additional Powers conferrable on Magistrates
38. Control of District Magistrates investing power
D. Conferment, Continuance and Cancellation of Powers
39. Mode of conferring powers
40. Powers of officers appointed
41. Powers may be cancelled

PART III - GENERAL PROVISIONS
CHAPTER IV - OF AID AND INFORMATION TO THE MAGISTRATES, THE POLICE AND PERSONS MAKING ARRESTS
42. Public when to assist Magistrates and police
43. Aid to person, other than police-officer, executing warrant
44. Public to give information of certain offences
45. Village headmen, accountants, land-holders and others bound to report certain matters
Appointment of village-headmen by District Magistrate or
Sub-divisional Magistrate in certain cases for purposes of this section
CHAPTER V
OF ARREST, ESCAPE AND RETAKING
A. Arrest Generally
46. Arrest how made
Resisting endeavour to arrest
47. Search of place entered by person sought to be arrested
48. Procedure where ingress not obtainable Breaking open Zanana
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
B. Arrest without Warrant
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. Person arrested not to be detained more than twenty-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 COMPEL APPEARANCE
A. Summons
68. Form of summons
Summons by whom served
69. Summons how served
Signature of receipt for summons
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
B. Warrant of Arrest
75. Form of warrant of arrest Continuance of arrest
76. Court may direct security to be taken Recognizance to be forwarded
77. Warrants to whom directed Warrants to several persons
78. Warrant may be directed to landholders, 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 whom warrant issued
86. Procedure by Magistrate before whom person arrested is brought.
86-A.Procedure for removal in custody to Tribal Area
C. Proclamation and Attachment
87. Proclamation for person absconding
88. Attachment of property of person absconding
89. Restoration of attached property
D. Other Rules regarding Processes
90. Issue of warrant in lieu of, or in addition to, summons
91. Power to take bond for appearance
92. Arrest on breach of bond for appearance
93. Provisions of this Chapter generally applicable to summons and warrants of arrest
E. Special Rules regarding processes issued for service or execution outside Pakistan and processes received from outside Pakistan for service or execution within Pakistan
93-A.Sending of summons for service outside Pakistan
93-B.Sending of warrants for execution outside Pakistan
93-C.Service and execution in Pakistan of processes received from outside
Pakistan.
CHAPTER VII
OF PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENT ? AND OTHER MOVABLE PROPERTY AND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED
A. Summons to Produce
94. Summons to produce document or other thing
95 Procedure as to letters and telegrams
B. Search-Warrants
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 newspapers
99-F.Procedure in High Court
99-G.Jurisdiction barred
C. Discovery of Persons wrongfully confined
100. Search for persons wrongfully confined
D. General Provisions relating to Searches
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 Occupant of place searched may attend
E. Miscellaneous
104. Powers to impound documents, 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 BEHAVIOR
A. Security for keeping the Peace on Conviction
106. Security for keeping the peace on conviction
B. Security for keeping the peace in other Cases & Security for Good behavior
107. Security for keeping the peace in other cases
Procedure of Magistrate not empowered to act under subsection (1)
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. [Repealed by Act XII of 1923]
112. Order to be made
113. Procedure in respect of persons present in Court
114. Summons or warrants in case of persons 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
C. Proceeding in all Cases subsequent to Order to furnish Security
120. Commencement of period for which security is required
121. Contents of bond
122. Power to reject sureties
123. Imprisonment in default of security
Proceedings when to be laid before High Court or Court of Session
Kind of imprisonment
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
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 assemble
131. Powers 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 acts done under this Chapter
132-A. Definitions
CHAPTER X - PUBLIC NUISANCE
133. Conditional; order for removal of nuisance
134. Service or notification of order
135. Person to whom order is addressed to bey 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
Consequence of disobedience to order
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 ON 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
Inquiry as to possession
Party in possession to retain possession until legally evicted
146. Power to attach subject of dispute
147. Disputes concerning right of use of immovable property, etc.
148. Local inquiry
Order as to costs
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
Investigation into non-cognizable cases
156. Investigation into cognizable cases
157. Procedure where cognizable offences suspected
Where local investigation dispensed with
Where police officer incharge sees no sufficient ground for investigation
158. Reports under section 157 how submitted s
159. Power to hold investigation or preliminary enquiry
160. Police officer's power to require attendance of witnesses
161. Examination of witnesses by police
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
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
Complainants and witnesses not to be subjected to restraint
Recusant complainant or witness may be forwarded in custody
172. Diary of proceedings in investigation
173. Report of police-officer
174. Police to inquire and report on suicide, etc.
175. Power to summon persons
176. Inquiry by Magistrate into cause of death
Power to disinter corpses

PART VI - PROCEEDINGS IN PROSECUTIONS
CHAPTER XV - OF THE JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
A. Place of Inquiry or Trial
177. Ordinary place of inquiry and trial
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.
Criminal misappropriation and criminal breach of trust
Theft
Kidnapping and abduction
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. [Repealed by Act XXVI o( 1951]
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
Political Agents to certify fitness of inquiry into charge
189. Power to direct copies of depositions and exhibits to be received in evidence
B. Conditions requisite for initiation of proceedings
190. Cognizance of offences by Magistrates
191. Transfer on application of accused
192. Transfer of cases by Magistrates
193. Cognizance of offences by Courts of Session
194. Cognizance of offences by High Court
Information by Advocate-General
195. Prosecution for contempt of lawful authority of public servants
Prosecution for certain offences against public justice
Prosecution for certain offences relating to documents given in evidence
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
Power of President or Governor as to prosecution
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 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 aggrieved
199-B. Form of authorization 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 for issue of process
203. Dismissal of complaint
CHAPTER XVII - OF THE COMMENCEMENT OF PROCEEDINGS BEFORE COURT
204. Issue of process
205. Magistrate may dispense with personal attendance of accused
CHAPTER XVIII - OF INQUIRY INTO CASES TRIABLE BY THE COURT OF SESSION OR HIGH COURT
206-220.[Omitted by Law Reforms Ordinance. 1972]
CHAPTER XIX - OF THE CHARGE
Form of Charges
221. Charge to state offence
Specific name of offence sufficient description
How stated where offence has no specific name
What implied in charge Language of charge
Previous conviction when to be set out
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. [Omitted by Ordi. XII of 1972]
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 requires previous sanction
231. Recall of witnesses when charge altered
232. Effect of material error
Joinder of Charges
233. Separate charges for distinct offences
234. Three offences of same kind within one year may be charged together
235. Trial for more than one offence
Offence falling within two definitions
Acts constituting one offence, but constituting when, combined, a different 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 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-Sentence
245-A. Procedure in cases of previous convictions
246. [Omitted by Law Reforms Ordinance, 1972]
247. Non-appearance of complainant
248. Withdrawal of complaint
249. Power to stop proceedings when no complaint
249-A. Power of Magistrate to acquit accused at any stage
Frivolous Accusation in cases tried by Magistrates
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 by Law Reforms Ordinance, 1972]
CHAPTER XXII - OF SUMMARY TRIALS
260. Power to try summarily
261. Power to invest Bench of Magistrates invested with less power
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
Bench may be authorized to employ clerk
CHAPTER XXII-A - TRIALS BEFORE HIGH COURTS AND COURTS OF SESSION
265-A. Trial before Court of Session to be conducted by Public Prosecutor
265-B. Procedure in cases triable by High Courts and Court 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 SESSIONS
266-336. [Omitted by Law Reforms Ordinance, 1972]
CHAPTER XXIV - GENERAL PROVISIONS AS TO TRIALS
337. Tender of pardon to accomplice
338. Power to grant or tender pardon
339. Trial 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
Remand
Reasonable cause for remand
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 on evidence partly recorded by one Magistrate and partly by another
350-A. Changes in constitution of Benches
351. Detention of offenders attending Court
352. Court to be open

CHAPTER XXV - OF THE MODE OF TAKING AND RECORDING EVIDENCE IN TRIALS
353- Evidence to be taken in presence of accused
354. Mariner of recording evidence
355. Record In trial of certain cases by first and second class Magistrates
356. Record in other cases
Evidence given in English
Memorandum when evidence not taken down by the Magistrate or Judge himself
357. Language of record of evidence
358. Option to Magistrate in cases under section 355
359. Mode of recording evidence under section 355 or section 357
360. Procedure in regard to such evidence when completed
361. Interpretation of evidence to accused or his pleader
362. [Omitted by A.O 1949}
363. Remarks respecting demeanor 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. Judgment in alternative
368. Sentence of death
369. Court not to alter judgment
370. [Omitted by A.O 1949}
371. Copy of judgment, etc., to he given to accused
372. Judgment when to be translated
373. Court of Session to send copy of finding and sentence to District Magistrate

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 [Repealed by Ordi. LXV of 1960]


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 frivolous 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
Limit of number of stripes
393. Not to be executed by instalments: Exemptions
394. Whipping not to be inflicted if offender not in fit state of health
Stay of execution
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. Sentences of death
402-B. Certain restrictions on the exercise of powers by Provincial Govt.

CHAPTER XXX - OF PREVIOUS ACQUITTALS OR CONVICTIONS
403. Person once convicted or acquitted not to be 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. Appeal from sentence of Magistrate of the second or third class
Transfer of appeals to first class Magistrate
408. Appeal from sentence of Assistant Sessions Judge or Magistrate of the first class
409. Appeal to Court of Session how heard
410. Appeal from sentence of Court of Session
411. [Omitted by A.0.1949]
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
415. Proviso to section 413 and 414
415-A. Special right of appeal in certain cases
416. [Repealed]
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 to be taken.
429. Procedure where Judge of Court of Appeal are equally divided.
430. Finality of orders on appeal.
431. Abatement of Appeals.

CHAPTER XXXII - OF REFERENCE AND REVISION
432. [Omitted by A.O.1949]
433. [Omitted by A.O.1949]
434. [Omitted by Act XXVI of 1943]
435. Power to call for records of inferior Courts.
436. Power to order further inquiry.
437. [Omitted by Law Reforms Ordinance,1972]
438. Report to High Court.
439. High Court's powers of revision.
439-A. Sessions Judge's powers of revision.
440. Optional with Court to hear parties.
441. [Omitted by A.O. 1949]
442. High Court's-order to be certified to lower Court or Magistrate.

PART VIII - SPECIAL PROCEEDINGS - CHAPTER XXXIII
443-463. [Omitted by Act II of 1950]

CHAPTER XXXIV - LUNATICS
464. Procedure in case of accused being lunatic
465. Procedure in case of person sent for trial before Court of session or High Court being lunatic
466. Release of lunatic pending investigation or trial Custody of lunatic
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
Power of Provincial Government to relieve Inspector General of certain functions
472. [Repealed by Act IV of 1912]
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 Court, having jurisdictions
476-B. [Omitted by Law Reforms Ordinance, 1972]
477. [Repealed by Code of Criminal Procedure (Amendment) Act, 1923]
478. [Omitted by Law Reforms Ordinance 1972]
479. [Omitted by Law Reforms Ordinance 1972]
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 s. 480
483. When Registrar or Sub-Registrar to be deemed a Civil Court within s. 480 and 482
484. Discharge of offender on submission of apology
485. Imprisonment or committal of person refusing to answer or produce document
486. Appeals from convictions in contempt cases
487. Certain Judge 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. Order for maintenance of wives and children
Enforcement of order
489. Alteration in allowance
490. Enforcement of order of maintenance

CHAPTER XXXVII - DIRECTIONS OF THE NATURE OF A HABEAS CORPUS
491. Power to issue directions of the nature of habeas corpus
491-A. [Omitted by Act II of 1950]


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
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. [Omitted by A.0.1949].
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 - PROVISION AS TO BONDS
513. Deposits 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 to District or Sub-Divisional Magistrate
519. Payment to innocent purchaser of money found on accused
520. Stay of order under section 517, 518 or 519
521. Destruction of libelous and other matter
522. Power to restore possession of immovable property
522-A. Power to restore possession of movable property
523. Procedure by police upon seizure of property taken under section 51 or stolen
Procedure where owner of property seized unknown
524. Procedure where no claimant appears within six months
525. Power to sell perishable property


CHAPTER XLIV - OF THE TRANSFER TO CRIMINAL CASES
526 High Court may transfer case or itself try it
526-A. [Omitted by Ordinance XX of 1969]
527. Power of Provincial Government to transfer cases and appeals
528. Session Judge may withdraw cases form Assistant Sessions Judge
528-A. Power of District Magistrate for transfer of cases etc.

CHAPTER XLV - OF IRREGULAR PROCEEDINGS
529. Irregularities which do not vitiate proceedings
530. Irregularities which vitiate proceedings
531. Proceedings in wrong place
532. [Omitted by Law Reforms Ordinance, 1972]
533. Non-compliance with provisions of section 164 or 364
534. [Omitted by Act II of 1950]
535. Effect of omission to prepare charge
536. [Omitted by Law Reforms Ordinance, 1972]
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. Courts and persons before whom affidavits may be sworn
539-A. Affidavit in proof of conduct of public servant
539-B. Local inspection
540. Powers to summon material witness or examine person present
540-A. Provision for trial being held in the absence of accused in certain cases
541. Power to appoint place of imprisonment
542. [Repealed by Act 26 of 1951]
543. Interpreter to be bound to interpret truthfully
544. Expenses of complainants and witnesses
544-A. Compensation to the heirs of the person killed, etc.
545. Power of Court to pay expenses or 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 person liable to be tried by Court-martial
550. Powers to police to seize property suspected to be stolen
551. Powers of superior officers of police
552. Power to compel restoration of abducted females
553. [Repealed by Act XXVI of 1951]
554. Power of High Courts to make rules for inspection of records of subordinate Courts
Power of other High Courts to make rules for other purposes
555. Forms
556. Case in which Judge or Magistrate is personally interested
557. Practising pleader not to sit as Magistrate in certain Courts
558. Power to decide language of Courts
559. Provision; for powers of Judge and Magistrate being exercised by the successors in office
560. Officers concerned in sale 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
562-564. [Repealed]
Previously convicted offenders
565. Order for notifying address of previously convicted offender
PART I - PRELIMINARY - CHAPTER I
1. Short title and commencement. (1) This Act may be called the Code of Criminal Procedure, 1898, and It shall come Into force on the first day of July, 1898. (2) It extends to 1 [the whole of Pakistan] but, in the absence of any specific provision to the contrary, nothing herein contained shall affect any special or local law now in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.

2. [Repeal of enactments, notifications, etc, under repealed Acts pending cases] Rep. by the Repealing and Amending Act, 1914 (X of 1914).


3. Reference to Code of Criminal Procedure and other repealed enactments. (1) In every enactment passed before this Code comes into force in which reference is made to, or to any, chapter or section of the Code of Criminal Procedure, Act XXV of 1861 or Act X of 1872, or Act X of 1882 or to any other enactment hereby repealed, such reference shall, so far as may be practicable, be taken to be made to this Code or to its corresponding chapter or section. (2) Expressions in former Acts. In every enactment passed before this Code comes into force the expressions 'Officer exercising (or 'having') the powers (or 'the full powers') of a Magistrate' 'Subordinate Magistrate, first class', and 'Subordinate Magistrate second class', shall respectively be deemed to mean 'Magistrate of the first class', 'Magistrate of the second class' and 'Magistrate of the third class', the expression 'Magistrate of a division of a district shall be deemed to mean 'Sub-Divisional Magistrate', the expression 'Magistrate' of the district shall be deemed to mean 'District Magistrate and the expression 'Joint Sessions Judge' shall mean 'Additional Sessions Judge'.


4. Definition. (1) In this Code the following words and expressions have the following meanings unless a different intention appears from the subject or context:
(a) 'Advocate-General'. 'Advocate-General' includes also a Government Advocate or where there is not Advocate-General or Government Advocate, such officer as the Provincial Government may, from time to time, appoint in this behalf;
(b) 'Bailable offence', 'Non-bailable offence'. 'Bailable offence' means an offence shown as bailable in the second schedule, or which is made bailable by any other law for the time being in force; and 'non-bailable offence' means any other offence:
(c) 'Charge'. 'Charge' includes any head of charge when the charge contains more heads than one:
(d) [Rep. by the Repealing and amending Act, 1923 (Act XI of 1923)}
(e) [Omitted by Law Reforms Ordinance, 1972}.
(f) 'Cognizable offence'. Cognizable case'. 'Cognizable offence' means an offence for, and 'cognizable case' means a case in, which a police officer, may, in accordance with the second schedule or under any law for the time being in force, arrest without warrant;
(g) Omitted by A.O. 1949.
(h) 'Complaint'. 'Complaint' means the allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person whether known or unknown, has committed an offence, but it does not include the reports of a police-officer;
(i) Omitted by Act II of 1950.
(j) 'High Court'. 'High Court' means the highest Court of criminal appeal or revision for a Province:
(k) 'Inquiry'. 'Inquiry' includes every inquiry other than a trial conducted under this Code by a Magistrate or Court;
(l) 'Investigation'. 'Investigation' includes all the proceedings under this Code for the collection of evidence conducted by a police-officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf;
(m) 'Judicial proceeding'. 'Judicial proceeding' includes any proceeding in the course of which evidence is or may be legally taken on oath;
(n) 'Non-cognizable offence': 'Non-cognizable case'. 'Non-cognizable offence means an offence for, and 'non-cognizable case' means a case in, which a police officer, may not arrest without warrant;
(o) 'Offence', 'Offence' means any act or omission made punishable by any law for the time being in force; it also includes any act in respect of which a complaint may be made under section 20 of the Cattle Trespass Act, 1871.
Offence- The word 'offence' as defined in the Code means any act or omissions made punishable by any law for the time being enforced apart those from under PPC. 1991 Cr.L.J. 1476 (Ind). An offence is constituted as soon as the act which constitute that offence have been committed. It remains an offence whether it is triable by a Court or not and the fact that the trial of the offence can only be taken up after certain specified conditions are fulfilled does not make it any the less an offence. AIR 1967 S.C. 528. There is nothing wrong in law to regard a single act of firing at two persons as one offence. AIR 1952 S.C. 45. However, an act or omission is an offence only if it is made punishable by any law for the time being in force 1931 P.C. 94.
(p) 'Officer in charge of a police-station'. 'Officer in charge of a police-station' includes, when the officer in charge of the police-station is absent from the station-house or unable from illness or other cause to perform his duties, the police-officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when the Provincial Government so directs, any other police-officer so present;
(q) 'Place'. 'Place' includes also a house, building, tent and vessel:
(r) 'Pleader'. 'Pleader', used with reference to any proceeding in any Court, means, a pleader or a mukhtar authorized under any law for the time being in force to practice in such Court, and includes (1) an advocate, a vakil and an attorney of a High Court so authorized, and (2) any other person appointed wit the permission of the Court to act in such proceeding;
Pleader- With reference to any proceedings in the Court a pleader means a pleader or Mukhtar authorised under law for the time being in force and includes:
(1) An advocate;
(2) A vakeel or any attorney of High Court so authorised;
(3) Any other person appointed with the permission of the Court. A co-accused can act as pleader if so permitted. AIR 1962 Pat 244. Private person must get the prior permission. 1991 P.Cr.L.J. 2425. The discretion of the Court in permitting person to appear as 'pleader' must be exercised judicially with due regard to the interest of the party engaging him. AIR 1978 S.C. 1019; 1978 Cr.L.J. 778.
A power of attorney authenticated by fail authorities is a valid document. 1991 P.Cr.L.J. 25. A constituted attorney can appear for the accused. 1991 P.Cr.L.J. 2425.
(s) 'Police-station'. 'Police-station' means any post or place declared generally or specially, by the Provincial Government to be a Police Station and includes any local area specified by the Provincial Government in this behalf:
Police station-Police station is a place declared generally or specifically by the provincial Government to be a police station and includes any local area so specified except a beat-house. AIR 1960 Cal 519. Does not include vehicle. (1963) 3 SCR 386. Detention in a tee other than notified is illegal. PLD 1965 Lah 324.
(t) 'Public Prosecutor'. Public Prosecutor' means any person appointed under section 492, and includes any person acting under the directions of a Public Prosecutor and any person conducting a prosecution on behalf of the State in any High Court in the exercise of its original criminal jurisdiction:
Public prosecutor-Public Prosecutor means any person appointed u/s. 492 and includes Assistant Public Prosecutor and any person conducting prosecution under Public Prosecutor. PLD 1960 Dacca 783. He is bound to assist the Court with his fairly considered view and the Court is entitled to have the benefit of the fair exercise of his function. AIR 1957 S.C. 389. Government advocate under instructions of the Advocate General who is appointed u/s 492 to be Public Prosecutor for all cases in the High Court is a Public Prosecutor. 1966 Raj. Law Weekly 300; 1981 S.C. Cr. R. 301. Additional Government Advocate appointed as a public Prosecutor is a Public Prosecutor lawfully empowered to present appeal in the High Court against orders of acquittal. AIR 1971 S.C. 1977. A private pleader instructed by a private party will not be permitted to conduct prosecution. 1991 Mad. L.J. Cr. 624.
(u) 'Sub-division'. 'Sub-division' means a sub-division of a district.
[Clauses (v) and (w) of Subsection (1) of Section 4 omitted by Law Reform Ordi. 1972.]
Province of Punjab
Omission of clauses (e) (v) & (w) by Law Reforms Ordinance 1972. item No. 1 enforced w.e.f. 26.12.1975 vide No. Judl. 1-3(2)/75 dated 26.12.1975.
(2) Words referring to acts. Words which refer to acts done, extend also to illegal omission; and
Words to have same meaning as in Pakistan Penal Code. All words and expression used herein and defined in the Pakistan Penal Code, and not hereinbefore defined, shall be deemed to have the meanings respectively attributed to them by the Code.


5. Trial of offences under Penal Code. (1) All offences under the Pakistan Penal Code shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.
(2) Trial of offences against other laws. All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.
PART II - CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES - CHAPTER II - OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES

A. Classes of Criminal Courts
[6. Classes of Criminal Courts and Magistrates:--
(1) Besides the High Courts and the Courts constituted under any law other than this Code for the time being in force, there shall be two classes of Criminal Courts in Pakistan, namely:
(i) Courts of Session;
(ii) Courts of Magistrates.
(2) There shall be the following classes of Magistrates, namely:
(i) Judicial Magistrates:--
(1) Magistrates of the first class.
(2) Magistrates of the second class.
(3) Magistrates of the third class.
(4) Special Judicial Magistrate.
(ii) Executive Magistrates:-
(1) District Magistrates.
(2) Additional District Magistrates.
(3) Sub-Divisional Magistrates.
(4) Special Executive Magistrates.']
[(5) Magistrates of the first class.
(6) Magistrates of the second class.
(7) Magistrates of the third class.]

B. Territorial Divisions
7. Sessions divisions and districts. (1) Each Province shall consist of session; and every session divisions shall, for the purposes of this Code, be a district or consist of districts.
(2) Power to alter divisions and districts. The Provincial Government may alter the limits or the number of such divisions and districts.
(3) Existing divisions and districts. The sessions divisions and districts existing when this Code comes into force shall be sessions divisions and districts respectively, unless and until they are so altered.

8. Power to divide districts into sub-divisions. (1) The Provincial Government may divide any district into sub-divisions, or make any portion of any such district a sub-division, and may alter the limits of any sub-division.
(2) Existing sub-divisions maintained. All existing sub-divisions which are now usually put under the charge of a Magistrate shall be deemed to have been made under this Code.

C. Courts and Offices
9. Court of Sessions. (1) The Provincial Government shall establish a Court of Session for every session division, and appoint a judge of such Court.
(2) The Provincial Government may, by general or special order in the official Gazette, direct at what place or places the Court of Session shall hold its sitting; but until such order is made, the Court of Session shall hold their sittings as heretofore.
(3) The Provincial Government may also appoint Additional Sessions Judges and Assistant Session Judges to exercise jurisdiction in one or more such Courts.
(4) Sessions Judge of one sessions division may be appointed by the Provincial Government to be also an Additional Session Judge of another division, and in such case he may sit for the disposal of cases at such place or places in either division as the Provincial Government may direct.
(5) All Courts of Session existing when this Code comes into force shall be deemed to have been established under this Act.

[10. District Magistrate:
(1) In every district the Provincial Government shall appoint a District Magistrate
(2) The Provincial Government may also appoint Additional District Magistrate to exercise jurisdiction in one or more Districts and such Additional District Magistrates shall have all or any of the powers of a District Magistrate under this Code, or under any other law for the time being in force, as the Provincial Government may direct.]
[(3) For the purposes of section 192, sub-section (1) and section [407, sub-section (2) such Additional District Magistrate shall be deemed to be subordinate to the District Magistrate].
District Magistrate- District Magistrate is not one of the Courts established under Cr.P.C. District Magistrate occupies dual position, he is the Chief Executive, Incharge of the administration of the District and as Magistrate of the First Class, he may exercise the powers conferred upon such Magistrate by the Cr.P.C. PLD 1988 Lah 352
Additional District Magistrate-District Magistrate a/one authorised by legislature to do certain acts. Additional District Magistrate is not empowered to exercise District Magistrate's power under S. 10(2), Cr.P.C. PLD 1958 Dacca 425. However, Additional District Magistrate is competent to exercise powers even after his transfer to some equal or higher office in same local area. PLD 1962 Lah 939.

11. Officers temporarily succeeding to vacancies in office of District Magistrate. Whenever in consequence of, the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the chief executive administration of the district, such officer shall, pending the orders of the Provincial Government, exercise all the powers and perform all the duties respectively conferred and imposed by the Code on the District Magistrate.
Additional Deputy Commissioner-Additional Deputy Commissioner as Chief Executive of District and Magistrate 1st Class can pass order under S. 144(1). 1980 P.Cr.L.J.851.

12. [Subordinate] Magistrates. (1) The Provincial Government may appoint as many persons as it thinks fit [***] to be Magistrates of the first, second or third class in any district and may from time to time, define local areas within which such persons may exercise all or any of the powers with which they may respectively be invested under this Code.
(2) Local limits of their jurisdiction. Except as otherwise provided by such definition, the jurisdiction and powers of such persons shall extend throughout such district.
[Province of Balochistan. The Government of Balochistan has fixed the limits of territorial jurisdiction for the Judicial Magistrates appointed in each Sessions Division to be the same as the territorial limits of the Sessions Divisions fixed vide Notification No.US(Judl)5(7)/87/674-716, dated the 28th February, 1994.
2. The Judicial Magistrate(s) appointed in a Session Division shall have the jurisdiction throughout that Division subject to the powers conferred upon them under section 12 of the Code of Criminal Procedure, 1898, as amended by the Law Reforms Ordinance, 1972, and further amended by the Law Reforms (Amendment) Ordinance, 1996, (XL of 1996).
3. Wherever, in any of the Sessions Divisions the number of Judicial Magistrates is more than one, the Sessions Judge of the Division, shall distribute the business amongst the Judicial Magistrates. (Gazette Extra dated 22nd March, 1996, PLD 1997 Bal. St. 5)].
Jurisdiction of Magistrate. Jurisdiction of Magistrate extends throughout District unless restricted by order. [71 DLR 839] It is essential that offence must be shown to be triable by Magistrate in the Schedule. [1972 P.Cr.L.J. 233]
Balochistan Province-See Notification No.US (Judl)4(10)/94/Vol.I, dated 22.3.1996. For text see Cr.P.C. by the same Author. .

13. Power to put [Magistrate] in charge of sub-division. (1) The Provincial Government may place any [Executive Magistrate] in charge of a sub-division, and relieve him of the charge as occasion requires.
(2) Such Magistrates shall be called Sub-Division Magistrates.
(3) Delegation of powers to District Magistrate. The Provincial Government may delegate its powers under this section to the District Magistrate.

[14. Special Judicial and Executive Magistrates.
(1) The Provincial Government may on the recommendation of the High Court, confer upon any person all or any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate in respect to particular cases or to a particular class or particular classes of cases, or in regard to cases generally in any local area.
(2) Such Magistrates shall be called Special Judicial Magistrates, and shall be appointed for such term as the Provincial Government may, in consultation with the High Court by general or special order, direct.
(3) The Provincial Government may also appoint Executive Magistrate for particular areas or for performance of particular functions and confer upon them or any of the powers conferred or conferrable by or under this Code on an Executive Magistrate.
(4) Such Magistrates shall be called Executive Magistrates, and shall be appointed for such term as the Provincial Government may, by general or special order, direct: Provided that no powers shall be conferred under this sub-section on any police officer below the grade of Assistant Superintendent, and no powers shall be conferred on a police officer except so far as may be necessary for preserving the peace, preventing crime and detecting, apprehending and detaining offenders in order to their being brought before a Magistrate, and for the performance by the officer of any other duties imposed upon him by any law for the time being in force.
(5) The Provincial Government may delegate, subject to such limitations as it thinks fit, to any officer under its control the powers conferred by subsection (3).']

15. Benches of Magistrates. (1) The Provincial Government may direct any two or more [Judicial Magistrates] in any place to sit together as a Bench, and may by order invest such Bench with any of the powers conferred or conferrable by or under this Code on Magistrate of the first, second or third class, and direct it to exercise such powers in such cases, or such classes only, and within such local limits, as the Provincial Government thinks fit.
(2) Powers exercisable by Bench in absence of special direction. Except as otherwise provided by any order under this section every such Bench shall have the powers conferred by this Code on a Magistrate of the highest class to which any one of its members, who is present taking part in the proceedings as a member of the Bench, belongs, and as for as practicable shall, for the purposes of this Code, be deemed to be a Magistrate of such class.

16. Power to frame rules for guidance of Benches. The Provincial Government may '........ from time to time, make rules consistent with this Code for the guidance of Magistrates, Benches in any district respecting the following subjects:
(a) the classes of cases to be tried:
(b) the times and places of sitting;
(c) the constitution of the Bench for conducting trials;
(d) the mode of settling differences of opinion which may arise between the Magistrates in session.

17. ['Subordination of Judicial Magistrates and Benches to Sessions Judge.
(1) All Judicial Magistrates appointed under sections 12 and 14 and all Benches constituted under section 15 shall be subordinate to the Sessions Judge, and he may from time to time, make rules or give special orders consistent with this Code and any rules framed by the Provincial Government under section 16, as to the distribution of business among such Magistrates and Benches,
(2) Subordination of Executive Magistrates to District Magistrate. All Executive Magistrates appointed under section i3[i2] 13 and 14 shall be subordinate to the District Magistrate and he may, from time to time, make rules or give special orders consistent with this Code and any rules framed by the Provincial Government under section 16, as to the distribution of business among such Magistrates.
(2-A) Subordination of Executive Magistrates to Sub-Divisional Magistrate.-Every Executive Magistrate (other than a Sub-Divisional Magistrate) in a sub-Division shall also be subordinate to the Sub-Divisional Magistrate, subject, however, to the general control of the District Magistrate',]
(3) Subordination of Assistant Sessions Judges to Sessions Judge. All Assistant Judges shall be subordinate to the Session Judge in whose Court they exercise jurisdiction, and he may, from time to time, make rules consistent with his Code as to the distribution of business among such, Assistant Sessions Judges.
(4) The Session Judge may also when he himself is unavoidably absent or incapable of acting, make provision for the disposal of any urgent application by an Additional or Assistant Sessions Judge ...... and such Judge . .. . shall have jurisdiction to deal with any such application.

D. Courts of Presidency Magistrates
18 to 21. Appointment of Presidency Magistrates. Benches Local limits of jurisdiction, Chief Presidency Magistrate. Omitted by A.O., 1949 Sch.

E-Justice of the Peace
[22. A Provincial Government so far as regards the territories subject to its administration may by notification in the official Gazette, appoint such persons resident within Pakistan and not being the subjects of any foreign State as it thinks fit to be justices of the Peace within and for the local area mentioned in such notification.]

Punjab Amendment
[22. Appointment of Justices of the Peace. The Provincial Government may, by notification in the official Gazette, appoint for such period as may be specified in the notification, and subject to such rules as may be made by it any person who is a citizen of Pakistan and as to whose integrity and suitability it is satisfied, to be a Justice of the Peace for a local area to be specified in the notification, and more than one Justice of the Peace may be appointed for the same local area.

22-A. Powers of Justice of the Peace. (1) A Justice of the Peace for any local area shall, for the purpose of making an arrest, have within such area all the powers of a Police Officer referred to in section 54 and an officer in-charge of a police-station referred to in section 55.
(2) A Justice of the Peace making an arrest in exercise of any powers under subsection (1) shall, forthwith, take or cause to be taken the person arrested before the officer in-charge of the nearest police-station and furnish such officer with a report as to the circumstances of the arrest and such officer shall thereupon re-arrest the person.
(3) A Justice of the Peace for any local area shall have powers, within such area, to call upon any member of the police force on duty to aid him:
(a) in taking or preventing the escape of any person who has participated in the commission of any cognizable offence or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having so participated; and
(b) in the prevention of crime in general and, in particular, in the prevention of a breach of the peace or a disturbance of the public tranquillity.
(4) Where a member of the police force on duty has been called upon to render aid under subsection (3), such call shall be deemed to have been made by a competent authority.
(5) A Justice of the Peace for any local area may, in accordance with such rules as may be made by the Provincial Government:
(a) issue a certificate as to the identity of any person residing within such area, or
(b) verify any document brought before him by any such person, or
(c) attest any such document required by or under any law for the time being in force to be attested by a Magistrate, and until the contrary is proved, any certificate so issued shall be presumed to be correct and any document so verified shall be deemed to be duly verified, and any document so attested shall be deemed to have been as fully attested as if he had been a Magistrate.

22-B. Duties of Justices of the Peace. Subject to such rules as may be made by the Provincial Government, every Justice of the peace for any local area shall,
(a) on receipt of information of the occurrence of any incident involving a breach of the peace, or of the commission of any offence within such local area, forthwith make inquiries into the matter and report in writing the result of his inquiries to the nearest Magistrate and to officer in charge of the nearest police-station.
(b) if the offence referred to in clause (a) is a cognizable offence, also prevent the removal of any thing from, or the interference in any way with, the place of occurrence of the offence;
(c) when so required in writing by a police-officer making an investigation under Chapter XIV in respect of any offence committed within such local area.
(i) render all assistance to the police-officer making such an investigation.
(ii) record any statement made under expectation of death by a person in respect of whom a crime is believed to have been committed'.]

23 & 24. Justice of the Peace for the Presidency-towns. Present Justices of the Peace. Rep. by the Criminal Law Amendment Act, 1923 (XII of 1923) S. 4.

25. Ex-officio Justice of the Peace. In virtue of their respective offices, the Judges of the High Courts are Justice of the Peace within and for the whole of Pakistan, Sessions Judges and District Magistrates are Justices of the Peace within and for the whole of the territories administered by the Provincial Government under which they are serving.

F. Suspension and Removal
26 & 27. Suspension and removal of Judges and Magistrates. Suspension and removal of Justices of the Peace. Rep. by A.O., 1937.

CHAPTER III
POWERS OF COURTS
A. Description of offences cognizable by each Court
28. Offences under Penal Code. Subject to the other provisions of this Code any offence under the Pakistan Penal Code may be tried:
(a) by the High Court; or
(b) by the Courts of Sessions; or
(c) by any other Court by which such offence is shown in the eighth column of the second schedule to be triable; [Provided that the offences falling under Chapters VIII, X, XIII and XIV of the Pakistan Penal Code (Act XLV of 1860), except offences specified in section 153A and section 281 of the said Code, shall be tried by the Executive Magistrates and the expression 'Magistrate' used in the said eighth column shall mean Executive Magistrate of the respective class.]
Illustration
A is [tried by] the Session Court on a charge of culpable homicide. He may be convicted of voluntarily causing hurt, an offence triable by a Magistrate.

29. Offences under other laws. (1) Subject to the other provisions of this Code, any offence under any other law shall when any Court is mentioned in this behalf in such law, be tried by such Court.
(2) When no Court is so mentioned, it may be tried by the High Court or subject as aforesaid by any Court constituted under this Code by which such offences shown in the eight column of the second schedule to be triable; (Provided that the offences punishable with imprisonment for a term not exceeding three years, with or without any other punishment, shall be tried by the Executive Magistrates.]

29-A. Trial of European British subjects by second and third class Magistrates. Omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (II of 1950).

[29-B. Jurisdiction of the case of juveniles. Any offence, other than one punishable with death or transportation for life, committed by any person who at the date when he appears or is brought before the Court is under the age of fifteen years, may be tried by a District Magistrate or by any Magistrate specially empowered by the Provincial Government to exercise the powers conferred by section 8, sub-section (1), of the Reformatory Schools Act 1897 or, in any area in which the said Act has been wholly or in part repealed by any other law providing for the custody, trial or punishment youthful offenders, by any Magistrate empowered by or under such Saw to exercise all or any of the powers conferred thereby].

30. Offences not punishable with death. In the Punjab, the North-West Frontier, in Sind and in those parts of the Provinces in which there are Deputy Commissioners or Assistant Commissioners the Provincial Government may, notwithstanding anything contained in [sections 28 and 29. invest any Judicial] District Magistrate or any Magistrate of the first class with power to try as a Magistrate ail offences not punishable with death.

B. Sentences which may be passed Courts of various Classes
31. Sentences which High Courts and Session Judges may pass. (1) A High Court may pass any sentence authorized by law.
(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorized by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.
(3) An Assistant Sessions Judges may pass any sentence authorized by law, except a sentence of death or of 24[imprisonment for a term exceeding seven years].

32. Sentence which [Magistrate] may pass. (1) The Courts of [Judicial Magistrates] may pass the following sentences namely:
(a) Courts of Magistrates of the first class; Imprisonment for a term not exceeding [three years], including such solitary confinement as Is authorized by law; Pine not exceeding [fifteen] thousand rupees [arsh, daman} Whipping.
(b) Courts of Magistrates of the second class; Imprisonment for a term not exceeding one year,including such solitary confinement as is authorized by law; Fine not exceeding (five)thousand rupees,
(c) Courts of Magistrates of the third class; Imprisonment for a term not exceeding one month;Fine not exceeding (one thousand) rupees.
(2) The Courts of any Magistrate may pass any lawful sentence, combining any of the sentences which it is authorized by law to passs.

33. Power of Magistrates to sentence to imprisonment in default of fine. (1) The Court of any Magistrate may award such terms of imprisonment in default of payment of fine as is authorized by law in case of such default; Provided that:
Proviso as to certain cases.
(a) The term is not in excess of the Magistrate's powers under this Code:
(b) In any case decided by a Magistrate where imprisonment has been awarded as part of the substantive sentence the period of imprisonment awarded in default of payment of the fine shall not exceed one fourth of the period of imprisonment which such Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.
(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 32.

[34. Higher powers of certain District Magistrates. The Court of a Magistrate, specially empowered under section 30, may pass any sentence authorized by Saw, except a sentence of death or..... Imprisonment for a term exceeding seven years.]

34-A. (Sentences which Court and Magistrates may pass upon European British subjects]. Omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (11 of 1950),Sch.

35. (1) Sentence in case of conviction of several offences at one trial. When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 71 of the Pakistan Penal Code sentence him, for such offences, to the several punishments prescribed therefore which such Court is competent to inflict; such punishments when consisting of imprisonment 34...... to commence the one after the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments shall run concurrently.
(2) In the case of consecutive sentences, it shall not be necessary for the Court, by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court; Provided as follows:
Maximum term of punishment.
(a) in no case shall such person be sentenced to imprisonment for a longer period than fourteen years;
(b) if the case is tried by a Magistrate, as....... the aggregate punishment shall not exceed twice the amount of punishment which he is, in the exercise of his ordinary jurisdiction, competent to inflict.
(3) For the purpose of appeal, the aggregate of consecutive sentences passed under this section in case of convictions for several offences at one trial shall be deemed to be a single sentence.

C. Ordinary and Additional Powers
36. Ordinary powers of Magistrates. All ^[Judicial and Executive Magistrates] have the powers hereinafter respectively conferred upon them and specified in the third schedule Such powers are called their 'ordinary powers'.

37. 37['Additional powers conferrable on Magistrates. In addition to his ordinary powers, any Magistrate may be invested by the Provincial Government with any powers specified in the Fourth Schedule;
Provided that in the case of a Judicial Magistrate, such powers shall be conferred on the recommendation of the High Court;
Provided further that the Provincial Government may authorize a District Magistrate to invest any Magistrate subordinate to him with any of the powers specified in Part 11 of the Fourth Schedule.']

38. Control of District Magistrates investing power. The powers conferred on the District Magistrate by section 37 shall be exercised subject to the control of the Provincial Government.

D. Conferment, Continuance and Cancellation of Powers
39. Mode of conferring powers. (1) In conferring powers under this Code the Provincial Government may by order, empower persons specially by name or in virtue of their office or classes of officials generally by their official title.
(2) Every such order shall take effect from the date on which it is communicated to the person so empowered.

40. Powers of officers appointed. Whenever any person holding an office in the service of Government who has been invested with any powers under this Code throughout any local area is appointed to an equal or higher office of the same nature, within a like local area under the same Provincial Government, he shall, unless the Provincial Government otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed.

41. Powers may be cancelled. (1) The Provincial Government may withdraw all or any of the powers conferred under this Code on any person by it or by any officer subordinate to it; ('provided that, in the case of Judicial Magistrate, the withdrawal of such persons shall not be made except on the recommendation of the High Court.']
(2) Any powers conferred by the District Magistrate may be withdrawn by the District Magistrate.
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. Every person is bound to assist a Magistrate ''I, Justice of Peace] or police-officer reasonably demanding his aid:
(a) in the taking or preventing the escape of any other person whom such Magistrate or police-officer is authorized to arrest;
(b) in the prevention or suppression of a breach of the peace, or in the prevention of any injury attempted to be committed to any railway, canal, telegraph or public property,

43. Aid to person, other than police-officer, executing warrant. When a warrant is directed to a person other than a police-officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant.

[44. Public to give information of certain offences. (1) Every person aware of the commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Pakistan Penal Code, namely, 121, 121 A, 122, 123,123 124, 124A, 125, 126, 130, 143, 144, 145, 147, 148, 153A, 161, 162,163, 164.165. 168.170,231, 232, 255, 302, 303, 304, 304A, 364A, 382, 392, 393, 394, 395 396, 397, 398, 399. 402, 435,436 449, 450, 456, 457. 458, 459, 460 and 489A, shall, in the absence of reasonable excuse, the burden of proving shall lie upon the person so aware, forthwith give information to the nearest Magistrate [, Justice of the Peace,] or police-officer of such commission or intention; and]
(2) For the purposes of this section the term, 'offence' includes any act committed at any place out of Pakistan which would constitute an offence if committed in Pakistan.

45. Village-headmen, accountant, landholders and others bound to report certain matters. (1) Every village-headman, accountant, village-accountant, village watchman, village police-officer, owner or occupier of land, and the agent of any such owner or occupier in charge of the management of that land and every officer employed in the collection of revenue or rent of land on the part of the Government or the Court of Wards, shall forthwith communicate to the nearest Magistrate [or Justice of Peace] or the officer in charge of the nearest police-station whichever is the nearer, any information which he may possess respecting:
(a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in any village of which is headman, accountant, watchman or police-officer, or in which he owns or occupies land, or is agent, or collects revenue or rent;
(b) the resort to any place within, or the passage through, such village of any person whom he knows, or reasonably suspects to be a thug, robber, escaped convict or proclaimed offender;
(c) the commission of, or intention to commit, in or near such village any non-bailable offence or any offence punishable under sections 143, 144, 145, 147 or 148 of the Pakistan Penal Code;
(d) the occurrence in or near such village or any sudden or unnatural death or of any death under suspicious circumstances; or the discovery in or near such village of any corpse or part of a corpse, in circumstances which lead to a reasonable suspicion that such a death has occurred or the disappearance from such village of any person in circumstances which lead to a reasonable suspicion that a non-bailable offence has been committed in respect of such person;
(e) the commission of, or intention to commit, at any place out of Pakistan near such village any act which, if committed in Pakistan would be an offence punishable under any of the following sections of the Pakistan Penal Code, namely, 231, 232, 233, 234, 235,236,237,238,302, 304,382,392,393, 394, 395, 396, 397. 398, 399, 402, 435, 436, 449, 450, 457, 458, 459, 460, 489A, 489B, 489C and 489D;
(f) any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property respecting which the District Magistrate, by general or special order made with the previous sanction of the Provincial Government has directed him to communicate information.
(2) In this section:
(i) 'village' includes village-lands; and
(ii) the expression 'proclaimed offender' includes any person proclaimed as an offender by any Court or authority established or continued by the Central Government in any part of Pakistan, in respect of any act which if committed in Pakistan, would be punishable under any of the following sections of the Pakistan Penal Code, namely 302,304, 382, 392, 393,394.395,396, 397, 398, 399, 402,435,436, 449, 450, 457, 458, 459 and 460.
(3) Appointment of village-headmen by District Magistrate or Sub-Divisional Magistrate in certain cases for purposes of this section. Subject to rules in this behalf to be made by the Provincial Government the District Magistrate or Sub-Divisional Magistrate may from time to time appoint one or more persons with his or their consent to perform the duties of a village-headman under this section whether a village-headman has or has not been appointed for that village under any other law.
CHAPTER V - OF ARREST, ESCAPE AND RETAKING
A Arrest generally
46. Arrest how made. (1) In making an arrest the police-officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.
(2) Resisting endeavor to arrest. If such person forcibly resists the endeavor to arrest him or attempts to evade the arrest, such police-officer or other person may use all means necessary to effect the arrest.
(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with [imprisonment for life.]

47. Search of place entered by person sought to be arrested. If any person acting under a warrant of arrest, or any police-officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within, any place, the person residing in, or being in charge of such place shall, on demand of such person acting as aforesaid or such police-officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein.

48. Procedure where' ingress not obtainable. If ingress to such place cannot be obtained under section 47 it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police-officer to enter such place and search therein, and in order to effect an entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance dully made, he cannot otherwise obtain admittance.
Breaking open zanana. Provided that if any such place is an apartment in the actual occupancy of a woman (not being the person to be arrested) who, according to custom, does not appear in public such person or police-officer shall, before entering such apartment, give notice to such woman that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it.

49. Power to break open doors and windows for purposes of liberation. Any police-officer or other person authorized to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.

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

51. Search of arrested persons. Whenever a person is arrested by a police-officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail, and
whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail,
the officer making the arrest or, when the arrest is made by a private person, the police-officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing-apparel, found upon him.

52. Mode of searching woman. Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman, with strict regard to decency.

53. Power to seize offensive weapons. The officer or other person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Code to produce the person arrested,

B. Arrest without warrant
54. When police may arrest without warrant. (1) Any police-officer may, without an order from a Magistrate and without a warrant, arrest:
Firstly, any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of his having been so concerned;
Secondly, any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking;
Thirdly, any person who has been proclaimed as an offender either under this Code or by order of the Provincial Government;
Fourthly, any person in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing;
Fifthly, any person who obstructs a police-officer while in the execution of his duty or who has escaped, or attempts to escape from lawful custody;
Sixthly, any person reasonably suspected of being a deserter from the armed forces of Pakistan [****];
Seventhly, any person who has been concerned in, or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been concerned in, any act committed at any place out of Pakistan which, if committed in Pakistan, would have been punishable as an offence and, for which he is, under any law relating to extradition or [****] otherwise, liable to be apprehended or detained in custody in Pakistan.
Eightly, any released convict committing a breach of any rule made under section 565, sub-section (3);
Ninethly, any person for whose arrest a requisition has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears there from that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

55. Arrest of vagabonds, habitual robbers, etc. (1) Any officer in charge of a police station may, in like manner, arrest or cause to be arrested:
(a) any person found taking precautions to conceal his presence within the limits of such station, under circumstances which afford reason to believe that he is taking such precautions with a view to committing a cognizable offence; or
(b) any person within the limits of such station who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself; or
(c) any person who is by repute an habitual robber, house-breaker or thief, or an habitual receiver of stolen property knowing it to be stolen, or who by repute habitually commits extortion or in order to the committing of extortion habitually puts or attempts to put person in fear of injury.

56. Procedure when police-officer deputes subordinate to arrest without warrant (1) When any officer incharge of a police station or any police-officer making an investigation under Chapter XIV requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made. The officer so require shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.

57. Refusal to give name and residence. (1) When any person who in the presence of a police-officer has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.
(2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate [having jurisdiction] if so required:
Provided that, if such person is not resident in Pakistan, the bond shall be secured by a surety or sureties resident in Pakistan.
(3) Should the true name and residence of such person be not ascertained within twenty-four hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to nearest Magistrate having Jurisdiction.

58. Pursuit of offenders into other jurisdictions. A police-officer may, for the purpose of arresting without warrant any person whom he is authorized to arrest under this Chapter, pursue such person into any place in Pakistan.
Explanation. In this section 'police officer includes a police officer acting under this Code as in Azad Jammu & Kashmir.]

59. Arrest by private persons and procedure on such arrest. (1) Any private person may arrest any person who in his view commits a non-bailable and cognizable offence, or any proclaimed offender, and without unnecessary delay, shall make over any person so arrested to a police-officer or, in the absence of a police-officer, take such person or causes him to be taken in custody to the nearest police-station.
(2) If there is reason to believe that such person comes under the provisions of section 54, a police-officer shall re-arrest him.
(3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police-officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 57. If there is no sufficient reason to believe that he has committed any offence, he shall be at once released.

60. Person arrested to be taken before Magistrate or officer in charge of police-station. A police-officer making an arrest without warrant shall, without, unnecessary delay and subject to the provisions herein contained as to bail, take and send the person arrested before a Magistrate having jurisdiction in the case or before the officer in charge of a police-station.

61. Person arrested not be detained more than twenty four hours. No police-officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.

62. Police to report apprehensions. Officers in charge of police station shall report, to the District Magistrate, or, if he so directs, to the Sub-Divisional Magistrate, the cases of all person arrested without warrant, within the limits of their respective station, whether such persons have been admitted to bail or otherwise.

63. Discharge of person apprehended. No person who has been arrested by a police-officer shall be discharged except on his own bond, or on bail, or under the special order of a Magistrate.

64. Offence committed in Magistrate's presence. When any offence is committed in the presence of a Magistrate within the local limits of his jurisdiction he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provision herein contained as to bail commit the offender to custody.

65. Arrest by or in presence of Magistrate. Any Magistrate may at any time arrest or direct the arrest, in his presence, within the local limits of his jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.

66. Power, on escape, to pursue and retake. If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in Pakistan.

67. Provisions of escape, to sections 47, 48 and 49 to apply to arrest under section 66. The provisions of sections 47, 48 and 49 shall apply to arrest under section 66, although the person making any such arrest is not acting under a warrant and is not police-officer having authority to arrest
PART III - GENERAL PROVISIONS -

CHAPTER VI - OF PROCESSES TO COMPEL APPEARANCE
A. Summons
68. Form of summons. (1) Every summons issued by a Court under this Code shall be in writing in duplicate, signed and sealed by the presiding officer of such Court, or by such other officer as the High Court may, from time by rule, direct.
(2) Summons by whom served. Such summons shall be served by a police-office subject to such rules as the Provincial Government may prescribe in this behalf by an office of the Court issuing it or other public servant;
[Provided that the Court may at the request of the complainant or the accused, allow him to serve the summons on his own witnesses].

69. Summons how served. (1) The summons shall, if practicable be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons.
(2) Signature of receipts for summons. Every person on whom a summons is so served shall .... sign a receipt therefor on the back of the other duplicate.
(3) Service of a summons on an incorporated company or other body corporate may be effected by serving it on the secretary, local manager or other principal officer of the corporation or by registered post letter addressed to the chief officer of the corporation in Pakistan. In such case the service shall be deemed to have effected when the letter would arrive in ordinary course of post.

70. Service when person summoned cannot be found. Where the person summoned cannot by the exercise of due diligence be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family, and the person with whom the summons is so left shall, ..... sign a receipt therefor on the back of the other duplicate.

71. Procedure when service cannot be effected as before provided. If service in the manner mentioned in sections 69 and 70 cannot by the exercise of the due diligence be effected, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the summons shall be deemed to have been duly served.

72. [Service on servants of State or, a statutory body or a company]. (1) Where the person summoned is in the active service of State or of s[statutory body or a company,] the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in manner provided by section 69, and shall return it to the Court under his signature with the endorsement required by that section.
(2) Such signature shall be evidence of due service.

73. Service of summons outside local limits. When a Court desires that a summons issued by it shall be served at any place outside the local limits of its jurisdiction, it shall ordinary send such summons in duplicate to a Magistrate within the local limits of whose jurisdiction the person summoned reside or is, to be there served.

74. Proof of service in such cases and when serving e[person] not present. (1)When a summons issued by a Court is served outside the local limits of its jurisdiction, and in any case where the [person] who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in manner provided by section 69 or section 70) by the person to whom it was delivered or tendered or with whom it was left shall be admissible in evidence, and the statement made therein shall be deemed to be correct unless and until the contrary is proved.
(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court.

B. Warrant of Arrest
75. Form of warrant of arrest. (1) Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer, or in the case of a Bench of Magistrates, by any member of such Bench; and shall bear the seal of the Court.
(2) Continuance of warrant of arrest. Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.

76. Court may direct security to be taken. (1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until, otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.
(2) The endorsement shall state:
(a) the number of sureties;
(b) the amount in which they and the person for whose arrest the warrant is issued, are be respectively bound; and
(c) the time at which he is to attend before the Court.
Recognizance to be forwarded. (3) Whenever security is taken under this section the officer to whom the warrant is directed shall forward the bond to the Court.

77. (1) Warrants to whom directed. A warrant of arrest shall ordinarily be directed to one or more police-officers; but any Court issuing such a warrant may, if its immediate execution is necessary and no police-officer is immediately available, direct it to any other person or persons; and such person shall execute the same.
(2) Warrants to several person. When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more, of them.

78. Warrant may be directed to land-holders, etc. (1) A District Magistrate or Sub- Divisional Magistrate may direct a warrant to any landholder, farmer or manager of land within his district or sub-division for the arrest of any escaped convict, proclaimed offender or person who has been accused of a non-bailable offence, and who has eluded pursuit.
(2) Such landholder, farmer or manager shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for whose arrest it was issued, is in, or enters on, his land or farm, or the land under his charge.
(3) When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to the nearest police-officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless security is taken under section 76.

79. Warrant directed to police-officer. A warrant directed to any police-officer may also be executed by any other police-officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.

80. Notification of substance of warrant. The police-officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant.

81. Person arrested to be brought before Court without delay. The police-officer or other person executing a warrant of arrest shall (subject to the provisions of section 76 as to the security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person.

82. Where warrant may be executed. A warrant of arrest may be executed at any place in Pakistan.
[Explanation. In this Section, 'warrant of arrest' includes a warrant of arrest issued under this Code as enforced in Azad Jammu & Kashmir.]

83. Warrant forwarded for execution outside jurisdiction. (1) When a warrant is to be executed outside the local limits of the jurisdiction of the Court issuing the same, such Court may, instead of directing such warrant to a police-officer, forward the same by post or otherwise to any Magistrate or District Superintendent of Police within the local limits of whose jurisdiction it is to be executed.
(2) The Magistrate or District Superintendent to whom such warrant is so forwarded shall endorse his name thereon and, if practicable, cause it to be executed in manner hereinbefore provided within the local limits of his jurisdiction.

84. Warrant directed to police officer for execution outside jurisdiction. (1) When a warrant directed to a police-officer is to be executed beyond the local limits of the jurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement either to a Magistrate or to a police-officer not below the rank of an officer in charge of a station, within the local limits of whose jurisdiction the warrant is to be executed.
|2) Such Magistrate or police-officer shall endorse his name thereon and such endorsement shall be sufficient authority to the police-officer to whom the warrant is directed to executed the same within such limits, and the local police shall, if so required, assist such officer in executing such warrant.
(3) Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the Magistrate or public-officer within the local limits of whose jurisdiction the warrant Is to be executed, will prevent such execution, the police-officer to whom it is directed may execute the same without such endorsement in any place beyond the local limits of the jurisdiction of the Court which issued it.

85. Procedure on arrest of person against whom warrant issued. When a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the Court which issued the warrant is within twenty miles of the place of arrest or is nearer than the Magistrate or District Superintendent of Police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 76, be taken before such Magistrate or District Superintendent.

86. Procedure by Magistrate before whom person arrested is brought. (1) Such Magistrate or District Superintendent shall, if the person arrested appears to be the person intended by the Court which issued the warrant, direct his removal in custody to such Court:
Provided that, if the offence is bailable, and such person is ready and willing to give bail to the satisfaction of such Magistrate, District Superintendent or a direction has been endorsed under section 76 on the warrant and such person is ready and willing to give the security required by such direction, the Magistrate, District Superintendent shall take such bail or security, as the case may be, and forward the bond to the Court which issued the warrant:
[Provided further that, if the offence is not bailable or no direction has been endorsed under section 76 on the warrant, the Sessions Judge of the Sessions division in which the person is arrested may, subject to the provisions of section 497 and for sufficient reasons release the person on an interim bail on such bond or security as the Sessions Judge thinks fit and direct the person to appear by a specified date before the Court which issued the warrant and forward the bond to that Court.]
(2) Nothing in this section shall be deemed to prevent a police-officer from taking security under section 76.

[86-A. Procedure for removal in custody to Tribal Area. Where a person arrested under section 85 is to be removed in custody to any place in the Tribal Areas, he shall be produce before a [Magistrate] within the local limits of whose jurisdiction the arrest was made, and such Magistrate in directing the removal shall hear the case in the same manner and have the same jurisdiction and powers, as nearly as may be, including the power to order the production of evidence, as if the person arrested were charged with an offence committed within the jurisdiction of such Magistrate: and such Magistrate shall direct the removal of the arrested person in custody if he is satisfied that the evidence produced before him raises a strong or probable presumption that the person arrested committed the offence mentioned in the warrant.]

C. Proclamation and Attachment
87. Proclamation for person absconding. (1) If any Court [is satisfied after taking evidence] that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.
(2) The proclamation shall be published as follows: -
(a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;
(b) it shall be affixed to some conspicuous part of the house or home stead in which such person ordinarily resides or to some conspicuous place of such town or village; and
(c) a copy thereof shall be affixed to some conspicuous part of the Court-house.
(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day shall be conclusive evidence that ; requirements of this section have been complied with, and that the proclamation was published on such day.

88. Attachment of property of person absconding. (1) The Court issuing a proclamation under section 87 may at any time order the attachment of any property, movable or immovable or both, belonging to the proclaimed person.
(2) Such order shall authorize the attachment of any property belonging to such person within the district in which it is made; and it shall authorize the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate.
(3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made;
(a) by seizure; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.
(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the Provincial Government, be made through the Collector of the district in which the land is situate, and in all other case;-
(e) by taking possession; or
(f) by the appointment of a receiver; or
(g) by an order in writing prohibiting the payment of rent or delivery of property to the proclaimed person or to any one on his behalf; or
(h) by all or any two of such methods, as the Court thinks fit.
(5) If the property ordered to be attached consists of live-stock or is of a perishable nature the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court.
(6) Act V of 1908. The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under [Order XL of the Code of Civil Procedure, 1908].
(6A) If any claim is preferred to, or objection made to the attachment of, any property attached under this section within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under this section, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part:
Provided that any claim preferred or objection made within the period allowed by this sub-section may, in the event of the death of the claimant or objector, be continued by his legal representative.
(6B) Claims or objections under sub-section (6A) may be preferred or made in the Court by which the order of attachment is issued or, if the claim or objection is in respect of property attached under an order endorsed by a District Magistrate in accordance with the provisions of sub-section (2), in the Court of such Magistrate.
(6C) Every such claim or objection shall be inquired into by the Court in which it is preferred or made: (.......]
Provided that, if it is preferred or made in the Court of a District Magistrate such Magistrate may make it over for disposal to any Magistrate subordinate to him.
(6D) Any person whose claim or objection has been disallowed in whole or in part by an order under sub-section (6A) may, within a period of one year from the date of such order, institute a suit to establish the right which he claims in respect of property in dispute; but subject to the result of such suit, if any, the order shall be conclusive.
(6E) If the proclaimed person appears within the time specified in the proclamation the Court shall make an order releasing the property from the attachment.
(7) If the proclaimed person does not appear within the time specified in the proclamation, the property under attachment shall be at the disposal of the Provincial Government, but it shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under sub-section (6A) has been disposed of under that subsection, unless it is subject to speedy and natural decay, or the Court considers that the sale would be for the benefit of the owner, in either of which cases the Court may cause it to be sold whenever it thinks fit.

89. Restoration of attached property. If, within two years from the date of the attachment, any person whose property is or has been at the disposal of the Provincial Government, under sub-section (7) of section 88, appears voluntarily or is apprehended and brought before the Court by whose order the property was attached, or the Court to which such Court is subordinate, and proves to the satisfaction of such' Court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property, or, if the same has been sold, net proceeds of the sale, or, if part only thereof has been sold the net proceeds of the sale and the residue of the property, shall after satisfying thereout all costs incurred in consequence of the attachment, be delivered to him.

D. Other Rules regarding Processes
90. Issue of warrant in lieu of, or in addition to, summons. A Court may, in any case in which it is empowered by this Code to issue a summons for the appearance of any person [......] issue after recording its reasons in writing, a warrant for his arrest:
(a) if, either before the issue of such summons or after the issue of the same but before the time fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the summons; or
(b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.

91. Power to take bond for appearance. When any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summon or warrant, is present in such Court, such officer may require such person to execute a bond, with or without sureties, for his appearance in such Court.

92. Arrest by breach of bond for appearance. When any person who is bound by any bond taken under this Code to appear before a Court, does not so appear, the officer presiding in such Court may issue a warrant directing that such person be arrested and produced before him.

93. Provision of this Chapter generally applicable to summonses and warrants of arrest. The provision contained in this Chapter relating to a summons and warrants, and their issue, service and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this Code.

(E) [(Special Rules regarding processes issued for service or execution outside Pakistan and processes received from outside Pakistan for service or execution within Pakistan.)
93-A. Sending of summons for service outside Pakistan. (1) Where a Court in Pakistan desires that a summons issued by it to an accused person shall be served at any place outside Pakistan within the local limits of the jurisdiction of a Court established or continued by the authority of the Central Government in exercise of its foreign jurisdiction, it shall send such summons, in duplicate, by post or otherwise, to the presiding officer of that Court to be served.
(2) The provisions of section 74 shall apply in the case of a summons sent for service under this section as if the presiding officer of the Court to whom it was sent were a Magistrate in Pakistan.

93-B. Sending of warrant for execution outside Pakistan. Notwithstanding anything contained in section 82, where a Court in Pakistan desires that a warrant issued by it for the arrest of an accused person shall be executed at any place outside Pakistan within the local limits of the jurisdiction of a Court established or continued by the authority of the Central Government in exercise of its foreign jurisdiction, it may send such warrant, by post or otherwise, to the presiding officer of that Court to be executed.

93-C. Service and execution in Pakistan of processes received from outside Pakistan. (1) Where a Court has received for service or execution a summons to, or a warrant for the arrest of, an accused person issued by a Court established or continued by the authority of the Central Government in exercise of its foreign jurisdiction, outside Pakistan, it shall cause the same to be served or executed as if it were a summons or warrant received by it form a Court in Pakistan for service or execution within the local limits of its jurisdiction.
(2) Where any warrant of arrest has been so executed the person arrested shall so far as possible be dealt with in accordance with the procedure prescribed by sections 85 and 86.
CHAPTER VII -
OF PROCESS TO COMPEL THE PRODUCTION OF DOCUMENTS AND OTHER MOVABLE PROPERTY AND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED

A. Summons to produce
94. Summons to produce document or other thing. (1) Whenever any Court, or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officers a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order:
Provided that no such officer shall issue any such order requiring the production of any document or other thing which is in the custody of a bank or banker as defined in the Bankers' Books Evidence Act, 1891 (XVIII of 1891) and relates, or might disclose any information which relates to the bank account of any person except.
Punjab Amendment: [Provided that no officer shall issue any such order requiring the production of any document or other thing which is in the custody of a bank or banker as defined in the Banker Books Evidence Act, 1891 (XVIII of 1891) and relates or might disclose any information which relates, to bank account of any person except with the prior permission In writing of the High Court or the Sessions Judge within whose jurisdiction such bank or banker, as the case may be, is situated or carries on business.]
(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.
(3) Nothing in this section shall be deemed to affect the Evidence Act, 1872, section 123 and 124, or to apply to a letter, postcard, telegram, or other document or any parcel or thing in the custody of the Postal or Telegraph authorities.
(a) for the purpose of investigating an offence under sections 403, 406, 408 and 409 and section 421 to 424 (both inclusive) and section 465 to 447-A (both inclusive) of the Pakistan Penal Code, with the prior permission in writing of a Sessions Judge; and
(b) in other cases, with the prior permission in writing of the High Court.

95. Procedure as to letters and telegraphs. (1) If any document, parcel or thing in such custody is, in the opinion of any District Magistrate, High Court or Court of Sessions, wanted for the purpose of any investigation, inquiry trial or other proceeding under this Code, such Magistrate or Court may require the Postal or Telegraph authorities, as the case may be to deliver such document, parcel or thing to such person as such Magistrate or Court directs.
(2) If any such document, parcel or thing is, in the opinion of any other Magistrate, or District Superintendent of Police, wanted for any such purpose, he may require the Postal or Telegraph Department, as the case may be, to cause search to be made for and to detain such document, parcel or thing pending the orders of any such District Magistrate, or Court.

B. Search warrants
96. When search warrant may be issued. (1) Where any Court has reason to believe that a person to whom a summons or order under section 94 or a requisition under section 95, sub-section (1), has been or might be addressed, will not or would not produce the document or thing as required by such summons or requisition.
or where such documents or thing is not known to the Court to be in the possession of any person,
or where the Court considers that the purposes of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection.
it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained.
(2) Nothing herein contained shall authorize any Magistrate other than a District Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the Postal or Telegraph authorities.

97. Power to restrict warrant. The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.

98. Search of house suspected to contain stolen property, forged documents, etc. (1) If a District Magistrate, Sub-Divisional Magistrate, or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property,
or for the deposit or sale or manufacture of forged documents, false seals or counterfeit stamps, i5[bank notes, currency notes or coins, or instruments or materials for counterfeiting coins stamps, bank notes or currency notes] or for forging.
or that any forged documents, false seals or counterfeit stamps [bank note currency notes or coins or instruments or materials used for counterfeiting coins, stamps, bank notes or currency notes] or for forging, are kept or deposited in any place.
or for the deposit, sale, manufacture or production of any obscene object such as is referred to in section 292 of the Pakistan Penal Code or that any such obscene objects are kept or deposited in any place;
he may by his warrant authorize any police-officer above the rank of a constable-
(a) to enter, with such assistance as may be required, such place, and
(b) to search the same in manner specified in the warrant, and
(c) to take possession of any property, documents, seals, stamps, 17(bank notes, currency notes] or coins therein found which he reasonably suspects to be stolen, unlawfully obtained, forged, false or counterfeit, and also of any such instruments and materials or of any such obscene objects as aforesaid, and
(d) to convey such property, documents, seals, stamps, [bank notes, currency notes], coins, instruments, or materials or such obscene objects before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose thereof in some place of safety, and
(e) to take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or manufacture or keeping of any such property, documents seals, or stamps, (bank notes, currency] notes coins, instruments or materials [or such obscene objects] knowing of having reasonable cause to suspect the said property to have been stolen or otherwise unlawfully obtained, or the said documents, seals, stamps, bank notes, currency notes, coin, instruments or materials, to have been forged, falsified or counterfeited, or the said instruments or materials have been or to be intended to be used for counterfeiting coin, stamps, bank notes, or currency notes or for forging 2o[or the said obscene objects to have been or to be intended to be sold, let to hire, distributed, publicly exhibited, circulated, imported or exported].
(2) The provisions of this section with respect to:
(a) counterfeit coin,
(b) coin suspected to be counterfeit, and
(c) instruments or materials for counterfeiting coin. shall, so far as they can be made applicable, apply respectively to:
(a) pieces of metal made in contravention of the Metal Tokens Act, 1889, or brought into Pakistan in contravention of any notification for the time being in force under 21 [section 16 of the Customs Act, 1969].
(b) pieces or metal suspected to have been so made or to have been so brought into Pakistan or to be intended to be issued in contravention of the former, of those Acts, and
(c) instruments or materials for making pieces of metal in contravention of that Act.

99. Disposal of things found in search beyond jurisdiction. When, in the execution of a search-warrant at any place beyond the local limits of the jurisdiction of the Court which issued the same, any of the things for which search is made, are found, such things, together with the list of the same prepared under the provisions hereinafter contained, shall be Immediately taken before the Court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case the list and things shall be immediately taken before such Magistrate; and, unless there be good cause to the contrary, such Magistrate shall make an order authorizing them to be taken to such Court.

99-A. Power to declare certain publications forfeited and to issue search-warrants for the same. (1) where:-
(a) any newspaper, or book as defined in the z2[West Pakistan Press and Publication Ordinance, 1963, or any other law relating to press and publications for the time being in force] or
(b) any document.
Wherever printed, appears to the Provincial Government to contain any treasonable a seditious matter or any matter which is prejudicial to national integration or any matter which promotes or is intended to promote feelings of enmity or hatred between different classes of the citizens of Pakistan or which is deliberately and maliciously intended to outrage the religious feelings of such class by insulting the religion or the religious beliefs of theat class, [or any matter of the nature referred to in clause (ii) of subsection (i) of S. 24 of the W.P. Press and Publication Ordinance. 1963) that is to say, any matte the publication of which is punishable under section 123A or section 124A or section 154A or section 295A [or S. 298A or S. 298B or S. 298C] of the Pakistan Penal Code, the Provincial Government may, by notification in the Official Gazette, stating the grounds of its opinion, declare every copy of the issue of the newspaper containing such matter, and every copy of such book or other document to be forfeited to Government and thereupon any police-officer may seize the same wherever found in Pakistan and any Magistrate may by warrant authorize any police-officer not below the rank of sub-inspector to enter upon and search for the same in any premises where any copy of such issue or any such book or other document may be reasonably suspected to be.
(2) In sub-section (1) 'document' includes also any painting, drawing or photograph, or other visible representation.

99-B. Application to High Court to set aside order of forfeiture. (1) Any person having any interest in any newspaper, book or other document, in respect of which an order of forfeiture has been made under section 99-A (or any other law for the time being in force] may, within two months from the date of such order, apply to the High Court to set aside such order on the ground that the issue of the newspaper, or the book or other document, in respect of which the order was made, did not contain any treasonable or seditious or other matter of such a nature as is referred to in sub-section (1) of section 99A.
([2) Nothing is sub-section (1) shall apply to a case where the order of forfeiture has been made
(a) in respect of a newspaper, book or other document printed outside Pakistan; or
(b) in respect of a newspaper, book or other document, on the conviction, in respect of such newspaper, book or other document, of the author or editor thereof for any of the offences referred to in sub-section (1) of section 99A.]

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

99-D, Order of High Court setting aside forfeiture. (1) On receipt of the application, the [High Court] shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made, contained (1) treasonable or seditious or other matter of such a nature as is referred to in sub-section (1) of section 99A, set aside the order of forfeiture.
(2) (Omitted by Law Reforms Ordinance, 1972, item 40.].

99-E. Evidence to prove nature or tendency of newspapers. On the hearing of any such application with reference to any. newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper, in respect of which the order of forfeiture was made.

99-F, Procedure in High Court. Every High Court shall, as soon as conveniently may be, frame rules to regulate the procedure in the case of such applications, the amount of the costs thereof and the execution of orders passed thereon, and until such rules are framed, the practice of such Courts in proceedings other than suits and appeals shall apply so far as may be practicable, to such applications.

99-G. Jurisdiction barred. No order passed or action taken under section 99A shall be called in question in any Court otherwise than in accordance with the provisions of sections 99B.

C. Discovery of persons wrongfully confined
100. Search for persons wrongfully confined. If any Magistrate of the first class or Sub-Divisional Magistrate has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined and such search shall be made In accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.

D. General provisions relating to searches
101. Direction, etc. of search-warrants. The provisions of sections 43,75,77,79,82, 83 and 84 shall, so far as may be apply to all search, warrants issued under section 96, section 98, section 99A or section 100.

102. Persons incharge of closed place to allow search. (1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of such place shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities, for a search therein.
(2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in manner provided, by section 48.
(3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched. If such person is a woman, the directions, of section 52 shall be observed.

103. Search to be made in presence of witness. (1) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more respectable inhabitants of the locality in which the place to be searched is situate to attend and witness the search and may issue an order in writing to them or any of them so to do.
(2) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it.
(3) Occupant of place searched may attend. The occupant of the place searched, or some person in his behalf, shall, in every instance be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witness, shall be delivered to such occupant or person at his request.
(4) When any person is searched under section 102, subsection (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person at his request.
(5) Any person who. without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 187 of the Pakistan Penal Code.

104. Power to impound document etc., produced. Any Court may, if it thinks fit, impound any document or thing produced before it under this Code.

105. Magistrate may direct search in his presence. Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search-warrant.
PART IV -
PREVENTION OF OFFENCES
CHAPTER VIII -
OF SECURITY KEEPING THE PEACE AND FOR GOOD BEHAVIOR
A. Security for keeping the peace on conviction
106. Security for keeping the peace on conviction. (1) Whenever any person accused of any offence punishable under Chapter VIII of the Pakistan Penal Code, other than an offence punishable under section 143. section 149, section 153A or section 154 thereof, or of assault or other offence involving a breach of the peace, or of abetting the same, or any person accused of committing criminal intimidation, is convicted of such offence before a High Court a Court of Sessions, or the Court of [a District Magistrate, Sub-Divisional Magistrate or] a Magistrate of the First class, and such Court is of opinion that it is necessary to require such person to execute a bond for keeping the peace, such Court may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means, with or without sureties, for keeping the peace during such period, not exceeding three years, as it thinks fit to fix.
(2) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.
(3) An order under this section may also be made by an Appellate Court [or by a Court] when exercising its powers of revision.
B. Security for keeping the peace in other cases and security for good behavior.

107. Security for keeping the peace in other cases. (1) Whenever (a District Magistrate or Sub-Divisional Magistrate or an Executive Magistrate specially empowered in this behalf by the Provincial Government or the District Magistrate] of the first class is informed that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility, the Magistrate if in his opinion there is sufficient ground for proceeding may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond with or without sureties, for keeping the peace for such period not exceeding [three years] as the Magistrate thinks fit to fix.
(2) Proceedings shall not be taken under this section unless either the person Informed against or the place where the breach of the peace or disturbance is apprehended, is within the local limits of such Magistrate's jurisdiction, and no proceedings shall be taken before any Magistrate other than a District Magistrate, unless both the persons informed against and the place where the breach of the peace or disturbance is apprehended, are within the local limits of the Magistrate's jurisdiction.
(3) Procedure of Magistrate not empowered to act under sub-section (1). When any Magistrate not empowered to proceed under sub-section (1) has reason to believe that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility, and that such breach of the peace or disturbance cannot be prevented otherwise than by detaining such person in custody, such Magistrate may, after recording his reason, issue a warrant for his arrest (if he is not already in custody or before the Court), and may send him before a Magistrate empowered to deal with the case, together with a copy of his reasons.
(4) A Magistrate before whom a person is sent under sub-section (3) may in his discretion detain such person in custody pending further action by himself under this Chapter.

108. Security for good behavior from persons disseminating seditious matter. Whenever a District Magistrate [or a Sub-divisional Magistrate or an Executive Magistrate] specially empowered by the Provincial Government in this behalf, has information that there is within the limits of his jurisdiction any person who, within or without such limits either orally or in writing or in any other manner intentionally disseminates or attempts to disseminate, or in anywise abets the dissemination of:
(a) any seditious matter, that is to say, any matter the publication of which is punishable under section 123A or section 124A of the Pakistan Penal Code; or
(b) any matter the publication of which is punishable under section 153A of the Pakistan Penal Code; or
(c) any matter concerning a Judge which amounts to criminal intimidation or defamation under the Pakistan Penal Code. Such Magistrate, if in his opinion there is sufficient ground for proceeding may (in matter hereinafter provided) require such person to show cause why he should not be ordered to execute a bond; with or without sureties, for his good behavior for period, not exceeding one year, as the Magistrate thinks fit to fix. No proceedings shall be taken under this section against the editor, proprietor, or publisher of any publication registered under, [and edited, printed and published] in conformity with the [provisions of the West Pakistan Press and Publications Ordinance, 1963 or any other law relating to press and publications for the time being in force] with reference to any matters contained in such publication except by the order or under the authority of a Provincial Government or some officer empowered by the Provincial Government in this behalf.

109. Security for good behavior from vagrants and suspected persons. Whenever [a District Magistrate or Sub-Divisional Magistrate or an Executive Magistrate specially empowered by the Provincial Government in this behalf] receives information:
(a) that any person is taking precautions to conceal his presence within the local limits of such Magistrate's jurisdiction, and that there is reason to believe that such person is taking such precautions with a view to committing any offence, or
(b) that there is within such limits a person who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself. Such Magistrate may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behavior for such period, not exceeding 2(three years], as the Magistrate thinks fit to fix.

110. Security for good behavior from habitual offenders. Whenever a District Magistrate, or Sub-divisional Magistrate or a 3[Executive Magistrate] specially empowered in this behalf by the Provincial Government receives information that any person within the local limits of his jurisdiction;
(a) is by habit a robber, house-breaker, thief, or forger or
(b) is by habit a receiver of stolen property knowing the same to have been stolen, or
(c) habitually protects or harbors thieves or aids in the concealment or disposal of stolen property, or
(d) habitually commits or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter XII of the Pakistan Penal Code, or under section 489A, section 489B, section 489C or section 489D of that Code, or
(e) habitually commits, or attempts to commit, or abets the commission of, offences involving a breach of the peace, or
(f) is so desperate and dangerous as to render his being at large without security hazardous to the community. Such Magistrate may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behavior for such period, not exceeding three years, as the Magistrate thinks fit to fix.

111. [Proviso as to European vagrants] Rep. by the Criminal Law Amendment Act, 1923 (XIl of 1023) S. 8.

112. Order to be made. When a Magistrate acting under section 107, section 108 section 109 or section 110 deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required.

113. Procedure in respect of person present in Court. If the person in respect of whom such order is made is present in Court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him.

114. Summons or warrant in case of person not so present. If such person is not present in Court, the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is, to bring him before the Court;
Provided that whenever it appears to such Magistrate, upon the report of a police-officer or upon other information (the substance of which report or information shall be recorded by the Magistrate), that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest.

115. Copy of order under section 112 to accompany summons or warrant. Every summons of warrant issued under section 114 shall be accompanied by a copy of the order made under section 112, and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under the same.

116. Power to dispense with personal attendance. The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace, and permit him to appear by a pleader.

117. Inquiry as to truth of information. (1) When an order under section 112 has been read or explained under section 113 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with. or in execution of a summons or warrant, issued under section 114. the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary.
(2) Such Inquiry shall be made, as nearly as may be practicable, in the manner prescribed in Chapter XX for conducting trials and recording evidence, except that no charge need be framed.]
(3) Pending the completion of the inquiry under sub-section (1) the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquility or the commission of any offence or for the public safety, may for reasons to be recorded in writing, direct the person in respect of whom the order under section 112 has been made to execute a bond, with or without sureties, for keeping the peace or maintaining good behavior until the conclusion of the inquiry, and may detain him in custody until such bond is executed or, in default of execution, until the inquiry is concluded. Provided that:
(a) no person against whom proceedings are not being taken under section 108, section 109, or section 110, shall be directed to execute a bond for maintaining good behavior, and
(b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or the number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in the order under section 112.
(4) For the purpose of this section the fact that a person is an habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise.
(5) Where two or more persons have been associated together in the matter under inquiry they may be dealt with in the same or separate inquiries as the Magistrate shall think just.

118. Order to give security. (1) If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behavior, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, with or with sureties, the Magistrate shall make an order accordingly; Provided:
Firstly, that no person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under section 112:
Secondly, that the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive:
Thirdly, that when the person in respect of whom the inquiry is made is a minor, the bod shall be executed only by his sureties.

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.
(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 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, sub-section (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.
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.']

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 non-commissioned 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 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.

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.
(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.