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IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction) PRESENT: Mr. Justice Asif Saeed Khan Khosa Mr. Justice Ijaz ul Ahsan Mr. Justice Syed Mansoor Ali Shah Suo Motu Case No. 03 of 2017 (Regarding the issue as to whether compounding of an offence under section 345, Cr.P.C. amounts to acquittal of the accused person or not) In attendance: Syed Nayyab Hussain Gardezi, Assistant Attorney-General for Pakistan Mr. Tariq Mehmood Jahangiri, Advocate- General, Islamabad Mr. Qasim Ali Chauhan, Additional Advocate- General, Punjab Mr. Shehryar Qazi, Additional Advocate-General, Sindh Mr. Zahid Yousaf Qureshi, Additional Advocate- General, Khyber Pakhtunkhwa Mr. Ayaz Khan Swati, Additional Advocate- General, Balochistan Date of hearing: 27.06.2018 JUDGMENT Asif Saeed Khan Khosa, J.: One Waheed Ahmad had allegedly murdered a person named Tariq Hussain on 05.06.2007 in a village in the area of Police Station Mangla Cantonment, District Jhelum and for committing the said offence he was booked Suo Motu Case No. 03 of 2017 2 in case FIR No. 68 registered at the said Police Station on the same day for an offence under section 302 of the Pakistan Penal Code, 1860 (PPC). After a regular trial the said Waheed Ahmad was convicted by a learned Additional Sessions Judge, Jhelum on 19.02.2009 for an offence under section 302(b), PPC and was sentenced to death as Ta’zir and to pay a sum of Rs. 1,00,000/- to the heirs of the deceased by way of compensation under section 544-A of the Code of Criminal Procedure, 1898 (Cr.P.C.) or in default of payment thereof to undergo simple imprisonment for six months. The said Waheed Ahmad challenged his conviction and sentence before the Lahore High Court, Rawalpindi Bench, Rawalpindi through Criminal Appeal No. 75 of 2009 which was heard by a learned Division Bench of the said Court along with Murder Reference No. 20/RWP of 2009 seeking confirmation of the sentence of death and vide judgment dated 22.05.2012 the appeal was dismissed, the conviction and sentence were upheld and the sentence of death was confirmed. The said Waheed Ahmad then filed Criminal Petition for Leave to Appeal No. 216 of 2012 before this Court wherein leave to appeal was granted by this Court on 06.07.2012 in order to reappraise the evidence in the interest of safe administration of criminal justice. As a result of grant of leave to appeal Waheed Ahmad preferred Criminal Appeal No. 328 of 2012 before this Court and during the pendency of that appeal Criminal Miscellaneous Application No. 185 of 2017 was filed seeking acquittal of the convict-appellant on the basis of a compromise with the heirs of Tariq Hussain deceased and the matter of compromise was referred by this Court to the learned District & Sessions Judge, Jhelum for verification. The report dated 27.02.2017 submitted by the learned District & Sessions Judge, Jhelum in that regard confirmed the fact that a genuine, voluntary and complete compromise between the parties had been affected, the heirs of Tariq Hussain deceased had forgiven the convict-appellant, had waived their right of Qisas and had not claimed any Diyat in that respect. After going through the said report a 3-member Bench of this Court comprising of our learned brothers Amir Hani Muslim, Qazi Faez Isa and Sardar Tariq Suo Motu Case No. 03 of 2017 3 Masood, JJJ. unanimously accepted Criminal Miscellaneous Application No. 185 of 2017 on 21.03.2017 and allowed the compromise between the parties but their lordships differed on how the main appeal was to be disposed of upon acceptance of the compromise. Writing for the majority Sardar Tariq Masood, J. disposed of the appeal in the following terms and Amir Hani Muslim, J. agreed with his lordship: “In this view of the matter, Criminal Miscellaneous Application No. 185 of 2017 filed under Section 345 Cr.P.C. is accepted and the compromise arrived at between the parties is allowed. As according to sub-section (6) of Section 345 of the Code of Criminal Procedure, 1898, the composition of an offence shall have the effect of an acquittal, hence Criminal Appeal No. 328 of 2012 is allowed, the sentence of Waheed Ahmad (appellant) recorded and upheld by the courts below is set aside and he is acquitted of the charges on the basis of the compromise. He shall be released from jail forthwith if not required to be detained in connection with any other case.” Qazi Faez Isa, J., however, wrote a separate note on that occasion and the said note read as follows: “Whilst I agree with my learned brother that the application under section 345(6) of the Code of Criminal Procedure (“the Code”) be accepted, I most respectfully cannot bring myself to agree that the convict/appellant be “acquitted of the charges on the basis of the compromise”. Subsection (6) of section 345 of the Code does not envisage an acquittal, as it provides: “(6) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.” 2. The appellant was convicted by the Additional Sessions Judge, Jhelum, under section 302(b) of the Pakistan Penal Code (“PPC”) for the murder of Tariq Hussain, and was sentenced to death. The Trial Court sent the Murder Reference to the Lahore High Court for confirmation under section 374 of the Code whilst the appellant/convict preferred an appeal under section 410 of the Code. The High Court dismissed the appeal of the appellant, confirmed the Murder Reference and the sentence of death awarded to the appellant/convict. The appellant then preferred a criminal petition for leave to appeal before this Court, which granted leave, “to reappraise the evidence available on record in the interest of safe administration of criminal justice”. However, during the pendency of this appeal a compromise was effected by the appellant/convict with the legal heirs of the deceased. 3. Section 345 of the Code enables compounding of offences and sets out the methodology thereof. It mentions the offences Suo Motu Case No. 03 of 2017 4 punishable under the PPC which can be compounded either before or after an accused is convicted. The table contained in subsection (1) of section 345 specifies, “persons by whom offences may be compounded”. But, subsection (5) of section 345 stipulates that once an accused has been convicted, “no composition for the offence shall be allowed without the leave of the Court before which the appeal is to be heard”. Undoubtedly, the prescribed offences can be compounded, but the composition of such offences has to be in terms of subsection (6) of section 345 which stipulates that, “the composition … shall have the effect of an acquittal”. 4. In my opinion “the effect of an acquittal” is different from an acquittal. The guilt of an accused, that is ascertaining whether the accused has committed the offence for which he is charged, is determined by the Trial Court. Once the guilt of the accused has been determined the judgment is delivered by the Court. The judgment has two components, conviction, which means he is guilty, and the sentence, which is the punishment awarded to him. If the legal heirs of the deceased compound the offence it does not mean that the appellant/convict was not guilty of the murder for which he was convicted, which would be the case if, as a consequence of allowing the composition, he is “acquitted”. Subsection (6) of section 345 also avoids creating such a fiction as it provides that the “composition of an offence … shall have the effect of an acquittal”, which means that the punishment (sentence) part of the judgment is brought to an end; neither this subsection states, nor it could, that the convict is “acquitted of the charges”. The verdict of guilt (the conviction part of the judgment) that the Trial Court had recorded could only have been undone by the High Court, failing which by this Court; it cannot be undone by the legal heirs of the murdered person. 5. The law permits the legal heirs of a murdered person to compound the offence with the convict, with or without receiving badal-i-sulh/diyat (sections 310 and 323 PPC). When the legal heirs compounded the offence they elected not to seek retribution or the enforcement of the sentence. The very premise of compounding the offence is the acknowledgment of guilt by the accused who is then forgiven by the legal heirs; the affidavits filed by the legal heirs clearly also state this. 6. Section 338-F of the PPC stipulates that in the interpretation and application of Chapter XVI (“Offences Affecting the Human Body”) “and in respect of matters ancillary or akin thereto, the Court shall be guided by the Injunctions of Islam as laid down in the Holy Qur’an and Sunnah”. The aforesaid interpretation of subsection (6) of section 345 is in conformity with a number of verses of the Holy Qur’an: surah Al-Baqarah (2) verses 178-9, surah Al-Maidah (5) verse 45, surah Al-Isra (17) verse 33 and surah Ash-Shura (42) verse 40. In these verses our Merciful Creator suggests that forgiveness and reconciliation is preferable to revenge or retaliation. A person can only be forgiven if he is guilty. The cited verses neither state nor imply that the finding of guilt is effaced. 7. Therefore, whilst I agree with the conclusion reached by my learned brother that the application for compounding the offences be accepted, I cannot agree that as a consequence the appellant/convict should be “acquitted of the charges” and thus completely exonerated. However, since section 345(6) of the Code has not been examined and interpreted in the aforesaid manner therefore the Hon’ble Chief Justice is requested to take notice of this matter under Article 184(3) of the Constitution as it is a Suo Motu Case No. 03 of 2017 5 question of public importance involving the enforcement of Fundamental Rights. The office is directed to place the matter before the Hon’ble Chief Justice of Pakistan for appropriate orders.” The matter was thereafter put up before the Hon’ble Chief Justice of Pakistan and his lordship was pleased to pass the following order: “Let the issue raised in the order by my learned brother Justice Qazi Faez Isa be taken up under Art. 184(3) of the Constitution and the matter be fixed before the bench headed by my brother Justice Asif Saeed Khan Khosa.” It is in the above mentioned background that the matter has been fixed for hearing before the present Bench today. 2. We have heard the learned Assistant Attorney-General for Pakistan, the learned Advocate-General for the Islamabad Capital Territory, the learned Additional Advocate-General, Punjab, the learned Additional Advocate-General, Sindh, the learned Additional Advocate-General, Khyber Pakhtunkhwa and the learned Additional Advocate-General, Balochistan at some length. They have all submitted in complete unison that in Islamic jurisprudence and in the system of administration of criminal justice in vogue in this country a composition of a compoundable offence leads to and results in acquittal of the accused person or convict concerned. They have also submitted that any confusion created by the words “effect of an acquittal” used in section 345(6), Cr.P.C. now stands removed by the word “acquit” used in the subsequently introduced first proviso to section 338-E(1), PPC and its interpretation by this Court in the case of Chairman Agricultural Development Bank of Pakistan and another v. Mumtaz Khan (PLD 2010 SC 695). 3. The issue before us is as to whether a successful and complete compounding of an offence leads to acquittal of the accused person or convict from the allegation or charge or it is only to have an effect of acquittal which may be something short of or Suo Motu Case No. 03 of 2017 6 other than acquittal. After hearing the learned Law Officers and going through the relevant legal provisions and the precedent cases available on the subject we have explored and attended to the issue at hand from diverse angles and in the following paragraphs we embark upon an effort to find an answer to this question and to resolve the controversy. 4. Section 345, Cr.P.C. deals with compounding of offences and it provides as follows: 345. Compounding offences. (1) The offences punishable under the sections of the Pakistan Penal Code specified in the first two columns of the table next following may be compounded by the persons mentioned in the third column of that table:- Offence Sections of Penal Code applicable Persons by whom offence may be compounded ------- ------- ------- ------- ------- ------- (2) Subject to sub-section (7), the offences punishable under the sections of the Pakistan Penal Code specified in the first two columns of the table next following may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that table:- Offence Sections of Penal Code applicable Persons by whom offence may be compounded ------- ------- ------- ------- ------- ------- (2-A) Where an offence under Chapter XVI of the Pakistan Penal Code, 1860 (Act XLV of 1860), has been committed in the name or on the pretext of karo kari, siyah kari or similar other customs or practices, such offence may be waived or compounded subject to such conditions as the Court may deem fit to impose with the consent of the parties having regard to the facts and circumstances of the case. (3) Where any offence is compoundable under this section, the abetment of such offence or any attempt to commit such offence (when such attempt is itself an offence) may be compounded in like manner. (4) When the person who would otherwise be competent to compound an offence under this section is under the age of eighteen years or is an idiot or a lunatic, any person competent to contract on his behalf may with the permission of the Court compound such offence. Suo Motu Case No. 03 of 2017 7 (5) When the accused has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court before which the appeal is to be heard. (5-A) A High Court acting in the exercise of its power of revision under section 439 and a Court of Session so acting under section 439-A, may allow any person to compound any offence which he is competent to compound under this section. (6) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded. (7) No offence shall be compounded except as provided by this section and section 311 of the Pakistan Penal Code, 1860 (Act XLV of 1860). A plain reading of this section shows that compounding of a compoundable offence may be possible before the trial, during the trial or even during the pendency of an appeal or a revision petition and that in some cases compounding of an offence does not require permission of the court whereas in some other cases permission or leave of the relevant court is required for composition. However, the question before us is not as to how a compounding is to take place with or without permission or leave of a court but the controversy before us is about the consequence after a valid compounding has taken place and for resolving the said controversy it is important to appreciate what compounding of an offence actually means. 5. Before we dig deep into the controversy at hand it may be advantageous to mention that there are shorter answers available to the questions involved in this matter and they may be recorded straightaway. Chapter XVI of the Pakistan Penal Code, 1860 deals with offences affecting human body including murder and causing of hurt and all such offences are compoundable by virtue of the provisions of section 309, PPC (Waiver-Afw), section 310, PPC (Compounding-Sulh) and section 345, Cr.P.C. Section 338-E(1), PPC and the first proviso to the same (falling in Chapter XVI of the Pakistan Penal Code, 1860) provide as follows: 338-E. Waiver or compounding of offences. (1) Subject to the provisions of this Chapter and section 345 of the Code of Criminal Procedure, 1898 (V of 1898), all offences under this Chapter may Suo Motu Case No. 03 of 2017 8 be waived or compounded and the provisions of sections 309 and 310 shall, mutatis mutandis, apply to the waiver or compounding of such offences: Provided that, where an offence has been waived or compounded, the Court may, in its discretion having regard to the facts and circumstances of the case, acquit or award ta’zir to the offender according to the nature of the offence. ------- (bold letters have been supplied for emphasis) These provisions show, and show quite clearly, that all the offences affecting human body including murder and causing of hurt falling in Chapter XVI of the Pakistan Penal Code, 1860 are capable of being waived or compounded and that in case of waiver or compounding of such offences the court concerned, after granting the discretionary permission or leave to compound where necessary, is to acquit the person accused or convicted if it is a case of Ta’zir but in a case of Qisas it has a discretion either to acquit or to pass a sentence of Ta’zir against the accused person or convict in view of the peculiar facts and circumstances of the case. It has already been clarified by this Court in the case of Zahid Rehman v. The State (PLD 2015 SC 77) that the discretion to punish by way of Ta’zir under section 311, PPC and other similar provisions after waiver or compounding of the right of Qisas is relevant only to cases of Qisas and not to cases of Ta’zir. It is true that section 345(6), Cr.P.C. does not speak of “acquittal” as a consequence of compounding of an offence and it only speaks of the “effect of an acquittal” but it is now clear through the subsequently introduced section 338-E, PPC that a compounding of a compoundable offence in a case of Ta’zir is to lead to acquittal of the accused person or convict. When the law itself, as it stands today, speaks of acquittal as a consequence of compounding of an offence then any ambiguity in that regard created by the previous state of the law may not confound us anymore. 6. Another short answer to the core question involved in this matter is available in the judgment handed down by this Court in the case of Chairman Agricultural Development Bank of Pakistan and another v. Mumtaz Khan (PLD 2010 SC 695) involving the Suo Motu Case No. 03 of 2017 9 same issue which is under our consideration in the present matter. In that case the respondent was an employee of a Bank and on account of his involvement in and conviction for an offence of murder he was removed from service but later on he was acquitted on the basis of a compromise with the heirs of the deceased and a question arose as to whether a compromise or compounding could validly be treated as acquittal or not for the purposes of his reinstatement in service of the Bank. This Court had categorically held in that case that compounding of an offence through a court in a case of Ta’zir amounted to an acquittal and speaking for the Court on that occasion one of us (Asif Saeed Khan Khosa, J.) had observed as follows: “7. ------- After introduction of the Islamic provisions in the Pakistan Penal Code, 1860 it has now also become possible for an accused person to seek and obtain his acquittal in a case of murder either through waiver/Afw under section 309, PPC or on the basis of compounding/Sulh under section 310, PPC. In the case of waiver/Afw an acquittal can be earned without any monetary payment to the heirs of the deceased but in the case of compounding/Sulh an acquittal may be obtained upon acceptance of Badal-i-Sulh by the heirs of the deceased from the accused person. In the present case the respondent had been acquitted of the charge of murder by the learned Sessions Judge, Lakki Marwat as a result of compounding of the offence and such compounding had come about on the basis of acceptance of Badal-i-Sulh by the heirs of the deceased from the respondent. --- ---- 8. The provisions of the first proviso to sub-section (1) of section 338-E, PPC clearly contemplate acquittal of an accused person on the basis of compounding of an offence by invoking the provisions of section 310, PPC and the effect of such compounding has also been clarified in most explicit terms by the provisions of sub-section (6) of Section 345, Cr.P.C. in the following words: “The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.” 9. The legal provisions mentioned above leave no ambiguity or room for doubt that compounding of an offence of murder upon payment of Badal-i-Sulh -------and that such compounding of the offence leads to nothing but an acquittal of the accused person. It has already been clarified by this Court in the case of Dr. Muhammad Islam v. Government of N-W.F.P. through Secretary Food, Agricultural, Live Stock and Cooperative Department, Peshawar (1998 SCMR 1993) as follows: “We are inclined to uphold the above view inasmuch as all acquittals even if these are based on benefit of doubt are honourable for the reason Suo Motu Case No. 03 of 2017 10 that the prosecution has not succeeded to prove their cases against the accused on the strength of evidence of unimpeachable character. It may be noted that there are cases in which the judgments are recorded on the basis of compromise between the parties and the accused are acquitted in consequence thereof. What shall be the nature of such acquittals? All acquittals are certainly honourable. There can be no acquittals, which may be said to be dishonourable. The law has not drawn any distinction between these types of acquittals.” The said precedent case also involved a question of reinstatement in service of an accused person implicated in a criminal case who had been acquitted by the criminal court and this Court had declared that an acquittal had no shades and there was no concept of honourable or dishonourable acquittals. It had specifically been noted by this Court in that case that there could also be cases involving acquittals on the basis of compromise between the parties and after raising a query regarding the status of such acquittals this Court had hastened to add that “All acquittals are certainly honourable”. ------- 10. ------- Be that as it may, an ultimate acquittal in a criminal case exonerates the accused person completely for all future purposes vis-à-vis the criminal charge against him as is evident from the concept of autrefois acquit embodied in section 403, Cr.P.C. and the protection guaranteed by Article 13(a) of the Constitution of the Islamic Republic of Pakistan, 1973 and, according to our humble understanding of the Islamic jurisprudence, Afw (waiver) or Sulh (compounding) in respect of an offence has the effect of purging the offender of the crime. In this backdrop we have found it difficult as well as imprudent to lay it down as a general rule that compounding of an offence invariably amounts to admission of guilt on the part of the accused person -------.” (underlining has been supplied for emphasis) 7. Delving deeper into the issue we note that the concept of compounding of an offence, also termed as composition of an offence, is an old concept recognized not only in the Islamic law and the Pakistan Penal Code, 1860 but also in the Anglo-Saxon jurisprudence. In his book An Introduction to the Philosophy of Law (revised edition 1954) Roscoe Pound had observed about the concept of composition of an offence as follows: “The first theory of liability was in terms of a duty to buy off the vengeance of him to whom an injury had been done whether by oneself or by something in one’s power. The idea is put strikingly in the Anglo-Saxon proverb, ‘Buy spear from side or bear it’, that is, buy off the feud or fight it out. --- As the social interest in peace and order – the general security in its lowest terms – comes to be secured more effectively by regulation and ultimate putting down of feud as a remedy, payment of composition becomes a duty rather than a privilege --- The next step is to measure the Suo Motu Case No. 03 of 2017 11 composition not in terms of the vengeance to be bought off in terms of the injury. A final step is to put it in terms of reparation.” In Black’s Law Dictionary (Ninth Edition) the definition of ‘composition’ includes “A payment of money or chattels as satisfaction for an injury. In Anglo-Saxon and other early societies, a composition with the injured party was recognized as a way to deter acts of revenge by the injured party.” In the same dictionary the definition of ‘Compound’ includes “To agree for consideration not to prosecute (a crime)”. The meaning of the word ‘Compound’ in The Concise Oxford Dictionary of Current English (Ninth Edition) includes “settle (a debt, dispute, etc.) by concession or special agreement”, “condone (a liability or offence) in exchange for money etc.”, “forbear from prosecuting (a felony) from private motives” and “come to terms with a person, for forgoing a claim etc. for an offence”. In Pakistan the Islamic concepts of Afw and Sulh (two different ways of compounding an offence which is made compoundable by the legislature) are an important part of our criminal law and in cases of murder and causing of hurt sections 309, 310 and 338-E, PPC provide for Waiver-Afw (forgiveness without accepting any compensation) and Compounding-Sulh (compounding on accepting badal-i-sulh/compensation) and section 345, Cr.P.C. provides the mechanism for such compounding. According to Islamic jurisprudence Afw and Sulh are based upon forgiveness and reconciliation and in his lordship’s separate note dated 21.03.2017 passed in this very matter our learned brother Qazi Faez Isa, J. had referred to the verses of the Holy Qur’an [Surah Al-Baqarah (2) verses 178-9, Surah Al-Maidah (5) verse 45, Surah Al-Isra (17) verse 33 and Surah Ash-Shura (42) verse 40] wherein our Merciful Creator has suggested that forgiveness and reconciliation is preferable to revenge or retaliation. Without burdening this judgment with copious references in that regard it may suffice to state for the present purposes that the Islamic scholars around the globe agree that Afw (forgiveness) means to hide an act, to obliterate, remove and pardon it and to erase and efface it from the record as if it had Suo Motu Case No. 03 of 2017 12 never been committed and, likewise, Sulh (reconciliation) means that the act or offence is forgiven and forgotten as if it had never happened. In his A Dictionary of Islam (The Unit Printing Press, Lahore, 1964) Thomas Patrick Hughes had recorded as follows: “AFU. Lit. “erasing, cancelling.” The word is generally used in Muhammadan books for pardon and forgiveness. It occurs eight times in the Qur’an, e.g. Surah ii. 286, “Lord, make us not to carry what we have not strength for, but forgive us and pardon us and have mercy on us.” Surah iv. 46, “Verily God pardons and forgives.” Al-‘Afu is one of the ninety-nine special names of God. It means “one who erases or cancels;” “The Eraser (of sins).” See Qur’an, Surah iv. 51.” 8. According to various dictionaries of English language, reference to which may not be necessary here, setting free from guilt, sin or penalty and forgiveness of an offence is also termed as absolution or absolving of the person concerned. As a consequence of Afw or Sulh resulting in obliteration and removal of the offence and its erasing and effacing from the record the accused person or convict stands absolved of what had been done by him or of what was attributed to him and such absolving effect of the act of compounding is recognized in the following treatises: English Synonymes Explained In Alphabetical Order; with Copious Illustrations and Examples by George Crabb, A. M. (published by William Clowes and Sons, London, 6th Edition, 1837): “To ABSOLVE, ACQUIT. ABSOLVE, in Latin absolvo, is compounded of ab from and solvo to loose, signifying to loose from that with which one is bound. ACQUIT, in French acquitter, is compounded of the intensive syllable ac or ad, and quit, quitter, in Latin quietus quite, signifying to make easy by the removal of a charge. These terms imply the setting free from guilt or its consequences. Absolving may sometimes be applied to offences against the laws of man, but more frequently to offences against God; acquitting applies solely to offences against man. The conscience is released by absolution; the body, goods, or reputation, are set free by an acquittal. Yet to be secret, makes not sin the less; ‘Tis only hidden from the vulgar view, Maintains indeed the reverence due to princes, Suo Motu Case No. 03 of 2017 13 But not absolves the conscience from the crime. DRYDEN. The fault of Mr. Savage was rather negligence than ingratitude; but Sir Richard Steele must likewise be acquitted of severity; for who is there that can patiently bear contempt from one whom he has relieved and supported? JOHNSON. To ABSOLVE, ACQUIT, CLEAR. ABSOLVE in this case, as distinguished from the former article, (v. To absolve,) is extended to all matters affecting the conscience generally. ACQUIT (v. To absolve, acquit) and CLEAR in the sense of making clear or free from, are applied to everything which may call for blame, or the imputation of what is not right. A person may be absolved from his oath, acquitted or pronounced quit of every charge, and cleared from every imputation. Compell’d by threats to take that bloody oath And the act ill, I am absolv’d by both. WALKER. Those who are truly learned will acquit me in this point, in which I have been so far from offending, that I have been scrupulous perhaps to a fault in quoting the authors of several passages which I might have made my own. ADDISON. He set himself with very great zeal to clear the Romish church of idolatry. BURNET.” English Synonymes Explained In Alphabetical Order; with Copious Illustrations by George Crabb, A. M. (published by LEIPSIC, a New Edition, 1839): “To ABSOLVE, ACQUIT, CLEAR. ABSOLVE, in Latin absolvo, is compounded of ab from and solvo to loose, signifying to loose from that with which one is bound. ACQUIT, in French acquitter, is compounded of the intensive syllable ac or ad, and quit, quitter, in Latin quietus quite, signifying to make easy by the removal of a charge. These 2 words convey an important distinction between the act of the Creator and the creature. To absolve is the free act of an omnipotent and merciful being towards sinners; to acquit is the act of an earthly tribunal towards supposed offenders. By absolution, we are released from the bondage of sin and placed in a state of favour with God; by an acquittal we are released from the charge of guilt, and reinstated in the good estimation of our fellow creatures. One is absolved from an oath, acquitted of a charge, and cleared from actual guilt. Absolve is also sometimes used in the sense of setting free from a charge, as from an obligation in which sense it comes still nearer to the words acquit and clear; but it is thus used mostly in the Suo Motu Case No. 03 of 2017 14 grave style, and carries with it the idea of setting one altogether free from the consequences of a charge.” Crabb’s English Synonymes by George Crabb, A. M. (published by Grosset & Dunlap Publishers, New York, 1917): “ABSOLUTION. See FORGIVE. ABSOLVE, ACQUIT. Absolve, in Latin absolvo, is compounded of ab, from, and solvere, to loose, signifying to loose from that with which one is bound. Acquit, in French acquitter, is compounded of the intensive syllable ac or ad, and quit, quitter, from Latin quietus, quite, signifying to make easy by the removal of a charge. These terms imply the setting free from guilt or its consequences. Absolving may sometimes be applied to offences against the laws of man, but more frequently to offences against God; acquitting applies solely to offences against man. The conscience is released by absolution; the body, goods, or reputation are set free by an acquittal. See also FORGIVE. Absolve, Acquit, Clear. – Absolve in this case, as distinguished from the former article, is extended to all matters affecting the conscience generally. Acquit and clear, in the sense of making clear or free from, are applied to everything which may call for blame, or the imputation of what is not right. A person may be absolved from his oath, acquitted or pronounced quit of every charge, and cleared from every imputation.” Webster’s New International Dictionary of the English Language by William Allan Neilson, Thomas A. Knott, Paul W. Carhart (published by G. & C. Merriam Company Publishers, 2nd Edition, 1957): “Ab-solve’ 1. To set free, or release, as from some obligation, debt, or responsibility, or from the consequences of guilt or from such ties as it would be guilt to violate; to pronounce free; as, to absolve a subject from his allegiance. 2. To acquit; to adjudge or pronounce not guilty. Halifax was absolved by a majority of fourteen. Macaulay. 3. To free from a penalty; to pardon; remit (a sin); - said of the sin or guilt. In his name I absolve your perjury. Gibbon. 4. To finish; accomplish. The work begun, how soon absolved. Milton. 5. To resolve or explain, as a difficulty. Obs. Syn. – Exonerate, discharge, forgive. See EXCULPATE.” Suo Motu Case No. 03 of 2017 15 The material mentioned above shows that obliteration and removal of the offence and its erasing and effacing from the record as a result of compounding has the effect of absolving the accused person or convict of the act, acquittal from the charge and clearance from the actual guilt and the legislature in 1898, when section 345, Cr.P.C. was introduced, was aware of the fact that in English language as well as in legal literature the word ‘absolve’ was synonymous with the words ‘acquit’ and ‘clear’. The legislature was cognizant of the legal position at that time that compounding of an offence ipso facto amounted to absolution which automatically had the effect of acquittal from the charge and clearance from guilt and, therefore, there was hardly any occasion for the legislature to provide in section 345, Cr.P.C. that upon a successful composition of an offence the accused person or convict would be acquitted by the court concerned. It was already understood quite well that compounding of an offence would have an automatic “effect of an acquittal” and that was exactly what was legislated through section 345(6), Cr.P.C. and no need was felt to expressly provide for an order of acquittal to be passed by a court on the basis of compounding. 9. A successful and complete composition of a compoundable offence having the “effect of an acquittal” in terms of section 345(6), Cr.P.C. came under discussion in the cases of Kumarasami Chetty v. Kuppusami Chetty and others (AIR 1919 Madras 879(2)), Ram Richpal v. Mata Din and another (AIR 1925 Lahore 159), Jhangtoo Barai and another v. Emperor (AIR 1930 Allahabad 409), Dharichhan Singh and others v. Emperor (AIR 1939 Patna 141), Mt. Rambai w/o Bahadursingh v. Mt. Chandra Kumari Devi (AIR 1940 Nagpur 181), Godfrey Meeus v. Simon Dular (AIR (37) 1950 Nagpur 91) and Prithvi Bhagat and another v. Birju Sada (AIR 1962 Patna 316) and the ratio decidendi of the said cases is summed up as follows: (i) A compounding can take place during the trial or during the pendency of an appeal or a revision Suo Motu Case No. 03 of 2017 16 petition and it can take place even before the case has reached the trial court for trial. (ii) A complete compounding fulfilling the requirements of sub-sections (1) or (2) of section 345, Cr.P.C., as the case may be, cannot be withdrawn or resiled from by any party at any later stage because it has already created the effect of an acquittal of the accused person. (iii) Composition of a compoundable offence not requiring permission of the court deprives the court of its jurisdiction to try the case or ousts the jurisdiction of the court to try the offence and the court has no other option but to acquit the accused person. (iv) Composition of a compoundable offence not requiring permission of the court and grant of permission or leave to compound by the relevant court in cases where such permission or leave is required result in immediate acquittal of the accused person. (v) In some of the above mentioned cases acquittal of the accused person was ordered on the basis of successful and complete composition rather than observing that the composition would only have the effect of an acquittal. All the above mentioned precedent cases had been taken notice of by this Court in the case of Tariq Mehmood v. Naseer Ahmed, etc. (PLD 2016 SC 347) but the issue relating to compounding of an offence involved in that case was different from the one under discussion here. 10. In the context of the issue at hand it is of critical importance to notice that the heading of section 345, Cr.P.C. is ‘Compounding of offences’ and the said heading itself says it all that we are trying to find out. A compounding is in respect of the offence regarding which a person has been accused or convicted and it has no direct relevance to his guilt or punishment or even to his conviction or sentence and this is more so because a compounding can take place even before any finding of guilt or conviction is recorded. Through compounding the offence itself is compounded and resultantly the accused person or convict ipso facto stands absolved of the allegation leveled or the charge framed against him Suo Motu Case No. 03 of 2017 17 regarding commission of that offence and that is why there is no need for recording his acquittal in that connection because through the act of compounding the offence itself has disappeared or vanished. As already mentioned above, in English language the words “absolve”, “acquit” and “clear” are synonymous words and can be used interchangeably in the context of criminal law and this was so acknowledged in the treatises referred to hereinbefore. 11. We find that the controversy over “acquittal” and “effect of an acquittal” in the context of section 345(6), Cr.P.C. and drawing a distinction in this regard between guilt and punishment may be quite unnecessary because for all practical purposes an acquittal or any other dispensation having the effect of an acquittal may not make any difference to the parties to the case or the system of administration of justice in the larger context. An acquittal of an accused person or convict from an allegation or charge of committing an offence entails that he cannot again be subjected to investigation in connection with the same allegation, he cannot be arrested, prosecuted or punished again for committing the same offence and the principle of autrefois acquit enshrined in Article 13(a) of the Constitution of Pakistan and also in section 403, Cr.P.C. becomes applicable to him. The acquittal of an accused person or convict also leads to his release from custody if he is in confinement and discharge of his bail bonds and sureties if he is on bail. Such consequences of an acquittal of an accused person or convict can also quite conveniently be called or termed as effects of his acquittal. In this backdrop the only rationale we can decipher as to why the legislature spoke of “effect of an acquittal” in the context of compounding of an offence and did not use the word “acquittal” in section 345(6), Cr.P.C. is that it could not employ or utilize the word acquittal in that context because an acquittal can be ordered in connection with an existing allegation or charge but where the allegation or the charge itself has disappeared, evaporated or vanished or it stands erased or effaced on account of composition of the offence itself there is hardly any occasion for recording an acquittal. In case of such a Suo Motu Case No. 03 of 2017 18 metamorphosis brought about by a composition of the offence the best that the legislature could do was to extend all the benefits and effects of an acquittal to the concerned person and this is exactly what had been done by it through the provisions of section 345(6), Cr.P.C. 12. The issue regarding compounding being relevant only to punishment and not to guilt of the accused person or convict may also be viewed from the angle of conviction and sentence and we note in that context that in the Code of Criminal Procedure, 1898 the legislature was quite conscious of the distinction between a conviction and a sentence or, in other words, between guilt and punishment. Section 412, Cr.P.C. speaks of conviction and sentence separately and provides for a situation where relief may be extended only in the matter of sentence and not in the matter of conviction. Sections 169 and 249, Cr.P.C. speak only of an accused person’s release pending an investigation or trial when he is in custody without making any mention of his guilt. In the same statute the legislature, if it was so minded, could have provided in section 345, Cr.P.C. that as a result of compounding of an offence the person concerned would be released from custody or that he would not be liable to any punishment but his guilt in the matter would stand undisturbed but the legislature did not say that. In that section the legislature did not even provide for release of the accused person or convict from custody or his acquittal as a consequence of compounding and such silence of the legislature in those regards was a silence which said it all when it mentioned that all the effects of acquittal would automatically flow from the compounding. Such effects of acquittal could not be ordered to flow from the compounding unless the compounding itself amounted to, without saying so, nothing but acquittal by operation of the law. It may be appreciated in this context that an acquittal or the effects of it in criminal law are necessarily relevant to guilt of a person and criminal jurisprudence and law do not envisage or contemplate removal of punishment while impliedly maintaining a person’s guilt. Such an approach may be debated in theological or Suo Motu Case No. 03 of 2017 19 sociological contexts and that too only in an academic sense but for importing the same into criminal jurisprudence and law one would have to rewrite the same which exercise we are neither ready nor equipped or qualified to undertake. 13. The stance sometimes taken in favour of keeping the relevant person’s guilt intact while doing away with his punishment on the basis of compounding of an offence is premised upon considerations other than legal. According to this stance such a person should be kept away from public offices and civil services, etc. because he is an adjudged criminal who was once found guilty of an offence but he got away with his punishment because of compounding of the relevant offence. In his separate note recorded in the case of Mureed Sultan and others v. The State through P. G. Punjab and another (2018 SCMR 756) our learned brother Qazi Faez Isa, J. had raised similar concerns in this regard as had been voiced by his lordship in his lordship’s separate note dated 21.03.2017 recorded in the present matter. In the said case of Mureed Sultan and others our learned brother had observed as under: “7. Some may question the significance of the entire discussion, and enquire, if a court has accepted the application under section 345 of the Code and the convict has been released from jail what difference would his acquittal make. There are grave consequences. A man who has committed murder but is “acquitted” merely because the legal heirs of the murdered person compound the offence, would enable the murderer, for instance, to honestly declare on a job application that he is not and has never been a convict; he could thus be eligible to apply for government employment, be employed as a teacher, be inducted into the Armed Forces, enter the judicial service or even be appointed as a judge of the superior courts. There is then the religious aspect to the discussion. The person who has committed the sin of murder if he professes his guilt or is convicted in this world, and serves out his sentence or is released as a consequence of the legal heirs forgiving him, may be spared the agony of punishment in the Hereafter.” While appreciating the intensity and sincerity of the sentiment expressed and also the gravity of the concerns voiced by our learned brother in respect of different ramifications of the issue not only in the context of public life in this world but also regarding the Hereafter we have, with utmost respect, not been able to bring Suo Motu Case No. 03 of 2017 20 ourselves to agree with his lordship so as to interpret the existing law in the light of some hypothetical possibilities in this world and retribution or redemption in the Hereafter. It is not for us to consider as to how such a person would be dealt with by Almighty Allah in the next world or on the Day of Judgment as our job is only to interpret and apply the law of the land as it exists. Our short response to such stance is that it is based upon nothing but good intentions and pious wishes, it stems from mere possibilities conjured up by a noble and public-spirited mind, it involves public policy and it is for the legislature to amend the relevant laws, etc. to keep such a person out of the public life, if it so desires and decides. Without introducing appropriate amendments in the criminal law in vogue in the country there is little scope for canvasing such collateral or incidental punishments for a person and as long as the law of the land stands as it is all the fruits and effects of acquittal have to be extended to such person on the basis of a complete and lawful compounding of the offence with him. Be that as it may, this Court has already rejected a similar argument based upon this very stance in the above mentioned case of Chairman Agricultural Development Bank of Pakistan and another v. Mumtaz Khan (PLD 2010 SC 695) with the following observations: “9. ------- It has already been clarified by this Court in the case of Dr. Muhammad Islam v. Government of N-W.F.P. through Secretary Food, Agricultural, Live Stock and Cooperative Department, Peshawar (1998 SCMR 1993) as follows: “We are inclined to uphold the above view inasmuch as all acquittals even if these are based on benefit of doubt are honourable for the reason that the prosecution has not succeeded to prove their cases against the accused on the strength of evidence of unimpeachable character. It may be noted that there are cases in which the judgments are recorded on the basis of compromise between the parties and the accused are acquitted in consequence thereof. What shall be the nature of such acquittals? All acquittals are certainly honourable. There can be no acquittals, which may be said to be dishonourable. The law has not drawn any distinction between these types of acquittals.” The said precedent case also involved a question of reinstatement in service of an accused person implicated in a criminal case who had been acquitted by the criminal court and this Court had Suo Motu Case No. 03 of 2017 21 declared that an acquittal had no shades and there was no concept of honourable or dishonourable acquittals. It had specifically been noted by this Court in that case that there could also be cases involving acquittals on the basis of compromise between the parties and after raising a query regarding the status of such acquittals this Court had hastened to add that “All acquittals are certainly honourable”. If that be the case then the respondent in the present case could not be stigmatized or penalized on account of his acquittal on the basis of a compromise. -------. 10. As regards the submission made by the learned counsel for the appellants based upon the issue of propriety of reinstating in service a person who, by virtue of compounding of an offence of murder, is a self-condemned murderer we may observe that we have pondered over the said issue from diverse angles and have not felt persuaded to agree with the learned counsel for the appellants. Experience shows that it is not always that a compromise is entered into by an accused person on the basis of admission of guilt by him and in many cases of false implication or spreading the net wide by the complainant party accused persons compound the offence only to get rid of the case and to save themselves from the hassle or trouble of getting themselves acquitted from courts of law after arduous, expensive and long legal battles. Even in the present case the respondent and his brother were accused of launching a joint assault upon the deceased upon the bidding and command of their father and before the learned trial court the respondent’s brother had maintained in unequivocal terms that he alone had murdered the deceased and the respondent and their father had falsely been implicated in this case. Be that as it may, an ultimate acquittal in a criminal case exonerates the accused person completely for all future purposes vis-à-vis the criminal charge against him as is evident from the concept of autrefois acquit embodied in section 403, Cr.P.C. and the protection guaranteed by Article 13(a) of the Constitution of the Islamic Republic of Pakistan, 1973 and, according to our humble understanding of the Islamic jurisprudence, Afw (waiver) or Sulh (compounding) in respect of an offence has the effect of purging the offender of the crime. In this backdrop we have found it difficult as well as imprudent to lay it down as a general rule that compounding of an offence invariably amounts to admission of guilt on the part of the accused person or that an acquittal earned through such compounding may have ramifications qua all spheres of activity of the acquitted person’s life, including his service or employment, beyond the criminal case against him. We may reiterate that in the case of Dr. Muhammad Islam (supra) this Court had categorically observed that “All acquittals are certainly honourable. There can be no acquittals, which may be said to be dishonourable. The law has not drawn any distinction between these types of acquittals”. The sway of those observations made by this Court would surely also encompass an acquittal obtained on the basis of compounding of the offence. It is admitted at all hands that no allegation had been leveled against the respondent in the present case regarding any illegality, irregularity or impropriety committed by him in relation to his service and his acquittal in the case of murder had removed the only blemish cast upon him. His conviction in the case of murder was the only ground on which he had been removed from service and the said ground had subsequently disappeared through his acquittal, making him reemerge as a fit and proper person entitled to continue with his service.” (underlining has been supplied for emphasis) Suo Motu Case No. 03 of 2017 22 14. Ordinarily an acquittal recorded by a trial court in a criminal case means that the charge framed against an accused person in respect of committing an offence has not been proved and he is, thus, judicially exonerated from the allegation. In our country in some special circumstances provided for in sections 249-A and 265-K, Cr.P.C. an acquittal can also be recorded by a trial court even before framing of a formal charge where the allegation leveled is found to be groundless or there is no probability of the accused person’s conviction even if a trial is conducted. After an accused person is convicted and sentenced by a trial court he can be acquitted by a higher Court through an appeal or a revision petition and upon such acquittal his conviction and sentence are set aside. Compounding or composition of an offence is, however, a distinct dispensation of its own kind and it has to be understood in its own context without mixing or confusing it with concepts of conviction, sentence and acquittal. The references made above to Roscoe Pound’s book, Black’s Law Dictionary and Concise Oxford Dictionary show that composition of an offence serves a purpose different from that ordinarily served by the judicial process, i.e. retribution through law. Instead of retribution a composition brings about reconciliation between the parties, it buys off the vengeance of him to whom an injury had been done by buying spear from side rather than bearing it, through it vengeance of the victim is bought off through reparation, it achieves satisfaction for an injury rather than punishment for the injury and it deters acts of revenge by the injured party. Likewise, to compound means to agree not to prosecute a crime, to settle a dispute by concession or special agreement, to condone an offence in exchange for money or any other consideration, to forbear from prosecuting a crime and to come to terms with a person for forgoing a claim, etc. for an offence. We understand that the true meanings and objects of the special dispensation of compounding or composition of offences are to be appreciated and recognized in this context rather than in the narrow context of conviction, sentence and acquittal and this is probably why section 345(6), Cr.P.C. speaks of a composition to Suo Motu Case No. 03 of 2017 23 have the effect of an acquittal and does not speak of setting aside of conviction and sentence and the resultant acquittal from the charge. 15. Any controversy over the issue that a person’s guilt already determined judicially cannot be undone by the victim or his heirs on their own has appeared to us to be misconceived as the same overlooks the provisions of sub-sections (5) and (5-A) of section 345, Cr.P.C. according to which (5) When the accused has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court before which the appeal is to be heard. (5-A) A High Court acting in the exercise of its power of revision under section 439 and a Court of Session so acting under section 439-A, may allow any person to compound any offence which he is competent to compound under this section. (bold letters have been supplied for emphasis) It is, thus, obvious that in a case where a court has already convicted a person of a compoundable offence and has held him guilty there no compounding of the offence by the victim or his heirs with the convict can take effect or can be said to be successful or complete unless the relevant appellate or revisional court grants leave to compound or allows the proposed composition. The law, therefore, clearly envisages not only involvement but also decision of the relevant court in finalization of the proposed composition of offence in such a case and it cannot be said that guilt of the convicted person is undone by the victim or his heirs on their own. It goes without saying that the matter of granting or refusing leave to compound and allowing or disallowing the same lies in the discretion of the relevant court and before taking a decision in that regard the court concerned has to apply its judicial mind to the facts and circumstances of the case in their totality and also to consider desirability or otherwise of granting permission in that respect. This aspect of the matter had been Suo Motu Case No. 03 of 2017 24 considered by this Court in the case of Naseem Akhtar and another v. The State (PLD 2010 SC 938) and it was observed as under: “5. In the above context, the relevant parts of the section 345(5) and (7), Cr.P.C. are reproduced as below. S.345(5) "When the accused has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court before which the appeal is to be heard." S.345(7) "No offence shall be compounded except as provided by this section". Before proceeding to analyze the noted provision, it may be pertinent to mention here that the expressions "an appeal is pending" and "the Court" appearing ibid (section 345(5) for all intents and purposes of the law shall also mean the leave petition pending before this Court. Be that as it may, because of the use of word `No', in both the subsections the command of law is in the negative form, thus, the composition of an offence is prohibited lacking (without) the leave of the Court. As per the Black's Law Dictionary (Fifth Edition 801), the noted expression is defined to mean "Permission obtained from a Court to take some action which, without such permission, would not be allowable." Thus, the object requiring leave from the Court as per the clear intention of the legislature is neither meaningless nor purposeless and it cannot be construed that while considering the compromise plea, even of a compromise which is lawfully entered, by free consent of the legal heirs, the Court, should act in a mechanical manner and allow the same as a matter of course or routine; should sit as a silent spectator or to conduct as a post office simpliciter and affix a judicial stamp upon it. Rather it is the duty and the prerogative of the Court to determine the fitness of the case for the endorsement and sanction of the compromise and in appropriate cases, where the compromiser and offender is directly or indirectly beneficiary of the crime; the offence is committed or is caused thereof, for an obvious object of grabbing the property of the deceased by the compromiser, through his off spring, who may ultimately benefits himself (the offender) as well, the Court may refuse to give an effect to such a deal, especially coupled with the scenario when the offence is gruesome, brutal, cruel, appalling, odious, gross and repulsive which causes terror and sensation in the society.” (underlining has been supplied for emphasis) There is no dearth of authority in our country where compounding of offences had been refused by the courts in view of some peculiar features of those cases which fact clearly demonstrates that the ultimate decision whether a compounding of an offence (in serious cases requiring permission or leave of the court as opposed to less Suo Motu Case No. 03 of 2017 25 serious cases involving petty offences not requiring permission of the court for the purpose) is allowed or not lies with the courts and not with the victims or their heirs. The issues highlighted by our learned brother Qazi Faez Isa, J. and mentioned above may be relevant to the concerned court at the time of granting or refusing permission or leave in respect of the proposed composition but after such permission or leave has been granted by the court and the proposed composition is successfully completed the accused person or convict is to be acquitted and such acquittal is to entail all the fruits and effects of a lawful acquittal. This Court has already declared, as referred to above, that an acquittal has no shades and there are no honourable or dishonourable acquittals. 16. It may be appreciated in this context that the law of the land permits compounding of some offences and through the act of compounding the victim or his heirs absolve the accused person or convict of the guilt and if such composition is allowed or permitted by the relevant court, where required, then because of a successful and complete composition the offence itself vanishes leaving no issue about guilt or otherwise alive. An offence is generally against the State and the society at large but the legislature has made some of the offences compoundable which is a recognition that wishes of the victims or their heirs have an important role in prosecution of such offences and adjudication regarding guilt and punishment therein, subject of course to permission or leave of the court for composition where required. In some of the precedent cases referred to above it had categorically been held that once a composition is complete in respect of a compoundable offence not requiring permission of the court the concerned court is divested of its jurisdiction to try the case or the offence. The references made to Black’s Law Dictionary and Concise Oxford Dictionary also amply demonstrate that to compound means to agree not to prosecute a crime, to settle a dispute by concession or special agreement, to condone an offence in exchange for money or any other consideration, to forbear from prosecuting a crime and to come to terms with a person for forgoing a claim, etc. for an Suo Motu Case No. 03 of 2017 26 offence. The decision not to prosecute a person for a compoundable offence allegedly committed by him or the decision to absolve him of his guilt even where it has been judicially determined are decisions which have been given by the legislature in the hands of the victims or their heirs by making the offence compoundable and in cases where permission or leave of a court is required for composition of such offence this spirit of the law is to be kept in view and the requisite permission or leave may ordinarily not be withheld or refused unless the facts and circumstances of the case persuade the relevant court otherwise. Carrying the spirit of composition (forgiveness and reconciliation) forward we may add that grant of the requisite permission or leave by the court in such cases should be a rule and its withholding or refusal an exception. Composition of a compoundable offence is a concession extended by the legislature and also by the religion of Islam to the victims and their heirs and the same may not lightly be taken away or whittled down by the courts. 17. As a result of the discussion made above we declare the legal position as follows: (i) As provided by the provisions of section 338-E(1), PPC and the first proviso to the same and as already declared by this Court in the case of Chairman Agricultural Development Bank of Pakistan and another v. Mumtaz Khan (PLD 2010 SC 695) as a result of a successful and complete compounding of a compoundable offence in a case of Ta’zir under section 345, Cr.P.C., with permission or leave of the relevant court where required, an accused person or convict is to be acquitted by the relevant court which acquittal shall erase, efface, obliterate and wash away his alleged or already adjudged guilt in the matter apart from leading to setting aside of his sentence or punishment, if any. (ii) In the context of the provisions of section 345(6), Cr.P.C. the effect of an acquittal recorded by a court on the basis of a Suo Motu Case No. 03 of 2017 27 successful and complete compounding of a compoundable offence shall include all the benefits and fruits of a lawful acquittal. (Asif Saeed Khan Khosa) Judge (Ijaz ul Ahsan) Judge (Syed Mansoor Ali Shah) Judge Islamabad June 27, 2018 Approved for reporting. Arif

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IN THE SUPREME COURT OF PAKISTAN (ORIGINAL JURISDICTION) PRESENT: MR. JUSTICE MIAN SAQIB NISAR, HCJ MR. JUSTICE UMAR ATA BANDIAL MR. JUSTICE IJAZ UL AHSAN SUO MOTU CASE NO.3 OF 2018 (Dual Nationality of Hon'ble Judges and Officials of Courts and Government Officials) AND CIVIL PETITION NO.53-K OF 2018 (Against the judgment dated 14.12.2017 of the High Court of Sindh, Karachi passed in C.P.S- 1753/2016) AND CIVIL MISCELLANEOUS APPLICATIONS NO.6853 AND 6854 OF 2018 S.M.C.3/2018: Dual Nationality of Hon'ble Judges and Officials of Courts and Government Officials C.P.53-K/2018: Muhammad Ibrahim Shaikh Vs. Government of Pakistan through Secretary M/o Defence etc. In attendance: Mr. Sajid Ilyas Bhatti, Addl. A.G.P. (Assisted by Barrister Minaal Tariq) Mr. Tariq Mehmood Jehangiri, AG Islamabad Mr. Qasim Ali Chohan, Addl.A.G., Punjab Mr. Shehryar Qazi, Addl. A.G., Sindh Mr. Zahid Yousaf Qureshi, Addl. A.G. KPK Mr. Ayaz Swati, Addl. AG, Balochistan Mr. Sajid Ahmed Abr o, Secretary Services, Sindh Mr. Kashif Bara, Dy. Secretary Services, Punjab Mr. M. Bashir Memon, D.G., FIA Dr. M. Rizwan, Director Immigration, FIA Mr. Qaiser Masood, Addl. Dir. Law, FIA (For FIA) Mr. Zulfiqar Ali, D.G. Projects, NADRA Mr. Mujahid Ali Khan, A.D. NADRA Mr. Umar Ali Khan, A.D. NADRA S.M.C. No.3 of 2018 etc. -: 2 :- (For NADRA) On Court’s Notice: Mr. Waqar A. Sheikh, ASC for Dr. Michele Tariq, Health Deptt. Pb. Mr. Faisal Shafait, NUST Mr. Zakir Hussain, NUST Mr. Muhammad Fahim, NUST Dr. M. Yousaf Miraj, Health Deptt. Pb. Dr. Ashma Khan, Health Deptt. Pb. Dr. Naeem Dilawar, Consultant, Labour Deptt. Pb. Dr. Ali Raza Khan, Health Deptt. Pb. Ms. Farzana Akram (Education Deptt. Pb.) Mr. Adnan Mehmood (NAB) Sardar Tariq Farid Gopang, ASC Barrister Talha Alizai, ASC Mr. Tariq Aziz, AOR (For PARCO) Mir Afzal Malik, ASC (For Dr. Jamshed Iqbal, Tahir Aziz Khan, Ms. Nabah Ali) (COMSATS) Mr. Amir Iqbal Basharat, ASC Mr. Zahoor ul Haq Chishti, ASC (For Dr. M. Shafique) Ch. Akhtar Ali, AOR (For Ms. Meena Kharal) Mr. Shahid Khalid, Legal Advisor Raja Abdul Ghafoor, AOR (For HEC) Amicus curiae: Mr. Shahid Hamid, Sr. ASC Mr. Shahzad Ata Elahi, ASC Date of Hearing: 24.9.2018 JUDGMENT MIAN SAQIB NISAR, CJ:- While hearing Civil Petitions No.3334 and 3340 of 2016 pertaining to a service matter, the attention of this Court was drawn to the question of whether or not the petitioners (therein) had secured foreign nationality while they were on deputation; as a consequence vide order dated 17.01.2018 they were required to submit affidavits to the effect that they did not apply for or obtain any foreign nationality. Be that as it may, vide the said order, it was directed as under:- “…Mr. Sajid Ilyas Bhatti, learned DAG shall get in touch with the Secretary Establishment Division who is directed to provide S.M.C. No.3 of 2018 etc. -: 3 :- complete information to this Court by the next date of hearing as to how many civil servants working in BPS-17 and above, both at Federal and Provincial level, have dual nationality. Moreover, the Registrar(s) of the Supreme Court and all the High Courts shall also obtain information from the Hon’ble Judges of the superior Courts and also from the District Courts and to apprise the Court as to how many Judges have dual nationality…” The instant suo motu case arose out of the order ibid (whereas the said petitions were dismissed vide order dated 13.02.2018) and the respective Registrars of the Supreme Court and all the High Courts filed their replies and we took cognizance of the matter regarding dual nationality of all Government employees, both Federal and Provincial, above the rank of BPS-17, including those working in all the Ministries, Divisions, Departments, autonomous and semi-autonomous bodies1, etc. Vide order dated 05.03.2018 we constituted a Committee headed by the Director General, Federal Investigation Agency (FIA) and including the Chairman, National Database Registration Authority (NADRA); Director General, Immigration and Passports; Secretary, Ministry of Interior; Additional Secretary, Establishment Division; and Member (Administration), Federal Board of Revenue (FBR). The Committee worked hard to collect the requisite data and the respective heads of all the concerned Government departments, etc. were also required to submit duly signed and verified affidavits to this Court that the particulars of all the officers (BPS-17 and above) working under their administrative jurisdiction had been provided. An executive summary of the final report is scanned as under:- 1 A list of bodies is provided in the order dated 27.06.2018. S.M.C. No.3 of 2018 etc. -: 4 :- S.M.C. No.3 of 2018 etc. -: 5 :- It transpired that 24 persons working in various Government departments, etc. were foreign nationals; upon issuance of notices some of them appeared and made their submissions (the case to their extent shall be discussed later in this opinion). Be that as it may, the list of such persons is scanned as under:- Mr. Khalid Jawaid Khan, ASC, the then learned Attorney General and Mr. Shahid Hamid, Sr. ASC and Mr. Shahzad Ata Elahi, ASC (the latter two were appointed as amici curiae in this case) assisted this Court on the current legal status of dual nationals or those persons who do not hold Pakistani citizenship or who have spouses who are either dual nationals or foreigners and who are employed in the Federal and/or Provincial service and in autonomous statutory bodies or companies which are governed/owned/controlled by the Federal or Provincial Governments and suggested what further steps may be taken in this regard. Their respective submissions for the sake of brevity shall not be recorded separately, rather shall be reflected in the course of this opinion. S.M.C. No.3 of 2018 etc. -: 6 :- Constitutional provisions on the service of Pakistan 2. Article 27(1) of the Constitution of the Islamic Republic of Pakistan, 1973 (Constitution) provides as a fundamental right with specific references to the service of Pakistan, that:- “No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth:” [Emphasis supplied] Article 260(1) of the Constitution defines “service of Pakistan” as under:- “…any service, post or office in connection with the affairs of the Federation or of a Province, and includes an All-Pakistan Service, service in the Armed Forces and any other service declared to be a service of Pakistan by or under Act of Majlis-e- Shoora (Parliament) or of a Provincial Assembly, but does not include service as Speaker, Deputy Speaker, Chairman, Deputy Chairman, Prime Minister, Federal Minister, Minister of State, Chief Minister, Provincial Minister, Attorney- General, Advocate-General, Parliamentary Secretary, Chairman or member of a Law Commission, Chairman or member of the Council of Islamic Ideology, Special Assistant to the Prime Minister, Adviser to the Prime Minister, Special Assistant to Chief Minister, Adviser to a Chief Minister or member of a House or a Provincial Assembly;” The phrase “service of Pakistan” has been elaborately discussed in the judgment reported as Muhammad Mubeen-us-Salam and others Vs. Federation of Pakistan and others (PLD 2006 SC 602). Articles 240 to 242 of the Constitution, contained in Chapter 1 titled “Services”, relate to the appointments of persons to the service of Pakistan, whereas the terms and conditions of such persons are to be determined by the Parliament and the S.M.C. No.3 of 2018 etc. -: 7 :- Provincial Assemblies as appropriate. The said Articles provide for the creation of Public Service Commissions at the Federal and Provincial level. It is important to note that no specific qualification or disqualification has been prescribed in the Constitution regarding the nationality of persons to be appointed to the service of Pakistan. Therefore, there is neither a constitutional requirement for a person in the service of Pakistan to be a citizen of Pakistan, nor a specific constitutional disqualification in this regard. 3. By way of contrast there are specific constitutional qualifications and disqualifications with respect to elected representatives of the National Assembly, Senate and Provincial Assemblies:- “62. Qualifications for membership of Majlis-e-Shoora (Parliament): (1) A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless– (a) he is a citizen of Pakistan; 63. Disqualifications for membership of Majlis-e-Shoora (Parliament): (1) A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e- Shoora (Parliament), if:– (c) he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or 113. Qualifications and disqualifications for membership of Provincial Assembly. The qualifications and disqualifications for membership of the National Assembly set out in Articles 62 and 63 shall also apply for membership of a Provincial Assembly as if reference therein to “National Assembly” were a reference to “Provincial Assembly”.” [Emphasis supplied] With respect to the appointment of Judges of the Supreme Court and High Courts of Pakistan, Articles 177 and 193 provide:- S.M.C. No.3 of 2018 etc. -: 8 :- “177. Appointment of Supreme Court Judges. (2) A person shall not be appointed a Judge of the Supreme Court unless he is a citizen of Pakistan… 193. Appointment of High Court Judges. (2) A person shall not be appointed a Judge of a High Court unless he is a citizen of Pakistan…” [Emphasis supplied] The Constitution does not require a person in the service of Pakistan to take oath while assuming office. Only members of the armed forces are required to take oath while assuming office. In this regard, Article 244 of the Constitution and the relevant oath contained in the Third Schedule read as under:- “244. Oath of Armed Forces. Every member of the Armed Forces shall make oath in the form set out in the Third Schedule. Third Schedule Oaths of Office Members of the Armed Forces [Article 244] (In the name of Allah, the most Beneficent, the most Merciful.) I, __________, do solemnly swear that I will bear true faith and allegiance to Pakistan and uphold the Constitution of the Islamic Republic of Pakistan which embodies the will of the people, that I will not engage myself in any political activities whatsoever and that I will honestly and faithfully serve Pakistan in the Pakistan Army (or Navy or Air Force) as required by and under the law. May Allah Almighty help and guide me (A’meen).” Statutory provisions on the service of Pakistan S.M.C. No.3 of 2018 etc. -: 9 :- 4. We now consider whether there are any other statutory provisions governing the service of Pakistan which provide conditions of citizenship/nationality. Federation of Pakistan 5. The Civil Servants Act, 1973 (Civil Servants Act) does not provide for any citizenship requirements. It is interesting to note that in 2013, the Civil Servants (Amendment) Bill, 2013 was tabled in the Senate in terms of which the following amendment was proposed in Section 9(1) of the Civil Servants Act in the form of a second proviso thereto:- “Provided further that a civil servant holding dual nationality or citizenship of any foreign country shall not be entitled for promotion to posts in Basic Pay Scale 20 or equivalent and above.” But this Bill was not passed by Parliament. Rule 13 of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 provides that:- “13. A candidate for appointment shall be a citizen of Pakistan: Provided that this requirement may be relaxed with the approval of the Establishment Division: Provided further that, in the case of candidates to be appointed on temporary basis to posts in the Pakistan Missions abroad, such relaxation shall not be accorded for a period of (sic) exceeding one year at a time.” [Emphasis supplied] 6. The Government Servants (Marriage with Foreign Nationals) Rules, 1962 apply to the following persons:- S.M.C. No.3 of 2018 etc. -: 10 :- “1. Short title, application and commencement.—(2) They shall apply to every person who is a member of an All-Pakistan Service or who is serving in a civil capacity in connection with the affairs of the Federal Government, but shall not apply to any person who is employed on contract.” Rule 3 of the said Rules provides as under:- 3. Marriage with Foreign nationals prohibited.–(1) Subject to the provisions of sub-rule (2), a government servant who marries or promises to marry a foreign national shall be guilty of misconduct and render himself liable to any of the major penalties under the Government Servants (Efficiency and Discipline) Rules, 1973. (2) A government servant, may with the prior permission of the Federal Government marry or promise to marry a foreign national of any country recognized by Federal Government. (3) The grant of permission under sub-rule (2) shall be at the discretion of the Federal Government, and may be subject to such conditions, if any, as it may specify.” [Emphasis supplied] According to Rule 2(a) of the said Rules, “foreign national” means:- “2. Definitions.– In these rules, unless there is anything repugnant in the subject or context:- (a) “foreign national” means a person who is not a citizen of Pakistan;” [Emphasis supplied] 7. With respect to the armed forces as a general rule, no person who is not a citizen of Pakistan is eligible for employment therein. In this regard, Sections 10, 12 and 10 of the Pakistan Army Act, 1952, the Pakistan Air Force Act, 1953 and the Pakistan Navy Ordinance, 1961, respectively provide as follows:- S.M.C. No.3 of 2018 etc. -: 11 :- “10. Ineligibility of aliens for service in the Army. No person who is not a citizen of Pakistan shall, except with the consent of the Federal Government signified in writing, be granted a commission or warrant or be enrolled in the Pakistan Army. 12. Ineligibility of aliens for enrolment. No person who is not a citizen of Pakistan shall, except with the consent of the Federal Government signified in writing, be granted a commission or a junior commission or be enrolled in the Air Force. 10. Eligibility for employment. No person who is not a citizen of Pakistan shall except with the consent of the Central Government signified in writing, be eligible for appointment or enrolment in the Pakistan Navy.” [Emphasis supplied] The aforesaid three statutes do not contain any provisions prohibiting or even imposing any restrictions on marriage with foreign nationals, as is the case with the other persons in the service of Pakistan (as mentioned above) and the Provinces (as shall be seen below). Province of Punjab 8. With respect to the Province of Punjab, the Punjab Civil Servants Act, 1974 does not provide for any citizenship requirements. However, Rule 19(1) of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 requires that:- “19. (1) No person shall be appointed to a post unless he is a citizen of Pakistan: Provided that this restriction may be relaxed by Government in suitable cases. [Emphasis supplied] S.M.C. No.3 of 2018 etc. -: 12 :- 9. With respect to spouses of civil servants of the Province of Punjab, Rule 19(2) of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 provides that:- 19. (2) No person, who has married a foreign national shall be appointed to a post: Provided that this restriction may be relaxed by Government in case of a person who has married a citizen of India or citizen of Bangladesh.” [Emphasis supplied] Furthermore, there are the Punjab Civil Servants (Restriction on Marriages with Foreign Nationals) Rules, 2011 which apply to the following:- “1. Short title, commencement and application,- (3) They shall apply to the civil servants as defined in the Punjab Civil Servants Act 1974 and to such other persons as are regulated by the rules framed under the Act.” Rules 3 and 4 of the said Rules provide that:- “3. Prohibition on marriage with Foreign National.- Save as provided in rule 4, a Government Servant who marries or promises to marry a foreign national shall be guilty of misconduct and shall be liable to any of the major penalties under the Punjab Employees (Efficiency, Discipline and Accountability) Act, 2006 (XII of 2006). 4. Permission to marry a foreign national.- (1) A Government servant may, with the prior permission of the Government, marry or promise to marry a foreign national of any country recognized by the Federal Government for the purpose. S.M.C. No.3 of 2018 etc. -: 13 :- (2) The grant of permission under sub-rule (1) shall be at the sole discretion of the Government and shall be subject to such conditions, if any the Government may specify. (3) The discretion under sub-rule (2) shall be exercised if the circumstances or public interest so warrant and after recording reasons in writing.” [Emphasis supplied] According to Section 2 of the said Rules, “foreign national” means:- “2. Definitions.- In these rules, unless the context otherwise requires, the following expressions shall have the meaning hereby respectively assigned to them, that is to say: (a) “foreign national” means a person who is not a national of Pakistan;” [Emphasis supplied] Province of Sindh 10. With respect to the Province of Sindh, the Sindh Civil Servants Act, 1973 does not provide for any citizenship requirements. However, Rule 13 of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 provides that:- “13. A candidate for appointment shall be a citizen of Pakistan and a domicile of the Province of Sindh. Provided that this requirement may be relaxed with the approval of the Services and General Administration Department.” [Emphasis supplied] 11. As far as spouses of civil servants of the Sindh Government are concerned, Rule 2 of the Sind Civil Servants (Restriction on Marriage with Foreign Nationals) Rules, 1982 states as under:- S.M.C. No.3 of 2018 etc. -: 14 :- “2. (1) Subject to the provisions of sub-rule (2), a civil servant who marries or promises to marry a foreign national shall be guilty of misconduct and render himself liable to any of the major penalties specified in the Sind Civil Servants (Efficiency & Discipline) Rules, 1973. (2) A civil servant may, with the prior permission of the government, marry or promise to marry a foreign national of any country recognized by Federal Government. (3) The grant of permission under sub-rule (2) shall be at the discretion of the Government and may be subject to such conditions, if any, as it may specify.” [Emphasis supplied] Province of Khyber Pakhtunkhwa 12. As regards the Province of Khyber Pakhtunkhwa (KPK), as with the Provinces of Punjab and Sindh, the Khyber Pakhtunkhwa Civil Servants Act, 1973 does not contain any provisions relating to citizenship of civil servants of the Government of KPK. Nonetheless, Rule 11(1) of the Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989 provides as follows:- “11. Eligibility. (1) A candidate for appointment shall be a citizen of Pakistan and bona fide resident of the Khyber Pakhtunkhwa. Provided that for reasons to be recorded in writing, Government may, in a particular case, relax this restriction.” [Emphasis supplied] S.M.C. No.3 of 2018 etc. -: 15 :- 13. With respect to spouses, the West Pakistan Government Servants (Restrictions on Marriages with Foreign Nationals) Rules, 19632 are germane, Rule 1(3) whereof reads as follows:- “1. Short title, commencement and application:- (3) They shall apply to all Government servants under rule making authority of the Governor of West Pakistan other than the persons employed on contract basis.” Rules 3 and 4 of the said Rules state as under:- 3. Prohibition on marriages with foreign nationals:- Save as provided in rule 4, a Government servant who marries or promises to marry a foreign national shall be guilty of mis- conduct and shall be liable to be removed from service. 4. Permission to marry a citizen of India:- *(1) A Government servant may, with the prior permission of Government marry or promise to marry a person who is a citizen of India. (2) The grant of permission under sub-rule(1) shall be at the sole discretion of Government and shall be subject to such conditions, if any, as may be specified by Government. *Note:- This concession is also extended to the nationals of Bangladesh vide Khyber Pakhtunkhwa Notification No.SORI(S&GAD)4-1/80(Vol.III), dated 21.5.97.” Rule 2(a) of the said Rules defines a “foreign national” as:- “2. Definition:- In these rules, unless the context otherwise requires, the following expression shall have the meanings hereby respectively assigned to them, that is to say- (a) “Foreign national” means a person who is not a national of Pakistan.” 2 Applicable to KPK as per the KPK Estacode. S.M.C. No.3 of 2018 etc. -: 16 :- [Emphasis supplied] Province of Balochistan 14. Finally, adverting to the Province of Balochistan, as with the other Provinces, the Balochistan Civil Servants Act, 1974 does not contain any provisions with respect to the citizenship of civil servants. However, Rule 9 of the Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009 states that:- “9. (4) A candidate for appointment shall be the citizen of Pakistan and a domicile/local of the Province of Balochistan.” [Emphasis supplied] Notably however, unlike the corresponding provisions contained in the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 and the Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989, there is no provision for relaxation of the foregoing restriction in the Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009. 15. As far as spouses are concerned, Rule 1(2) of the Balochistan Government Servants (Marriage with Foreign Nationals) Rules, 2011 provides as under:- “1. Short title, application and commencement.- (2) They shall apply to every person who is a member of a service of Government of Balochistan or who is serving in a civil capacity in connection with the affairs of the Provincial Government, but shall not apply to any person who is employed on contract basis.” Rule 3 of the said Rules states that:- S.M.C. No.3 of 2018 etc. -: 17 :- “3. Marriage with Foreign Nationals prohibited.- (1) Subject to the provisions of sub-rule (2), a Government servant who marries or promises to marry a Foreign National shall be guilty of misconduct and render himself liable to remove (sic) from Service under the Balochistan Employees’ Efficiency and Discipline Act, 2011 or any other law/rules for the time being in force. (2) A Government servant may, with the permission of the Government, marry or promise to marry a Foreign National of any Country recognized by Federal Government. (3) The grant of permission under sub-rule (2) shall be at the discretion of the Government and may be subject to such conditions, if any, as it may prescribe.” [Emphasis supplied] Rule 2(d) of the said Rules defines “foreign national” as:- “2. Definitions.- In these rules, unless there is anything repugnant in the subject or context, (d) “Foreign National” means a person who is not a citizen of Pakistan within the meaning of the Pakistan Citizenship Act 1951 (Act No. II of 1951);” [Emphasis supplied] Law relating to autonomous/semi-autonomous bodies/organizations and companies etc. owned/controlled/governed by the Federal and/or Provincial Governments 16. There does not appear to be any general constitutional requirement or general statutory framework with respect to appointment in, and the terms and conditions of service of, persons employed in autonomous/semi-autonomous statutory bodies/organizations and companies etc. which are owned/controlled/governed by the Federal and/or S.M.C. No.3 of 2018 etc. -: 18 :- Provincial Governments. Such employees would generally not be considered to be in the “service of Pakistan” and therefore would not be governed by the laws and rules discussed above. We are fortified in this view by the Mubeen- us-Salam case (supra). As such, the specific statute, law, rule or constitutive document applicable to each autonomous/semi-autonomous statutory body/organization and company etc. would need to be examined on an individual basis to identify whether there is any qualification or disqualification with reference to the nationality of its officers/employees as well as their spouses. By way of example, Rule 8(b) of the Pakistan WAPDA Common Cadre Administrative Posts Service Rules, 1980 provides that:- “8. Qualifications.- Except as otherwise decided by the Authority, by general or special order:- (a) No person shall be appointed to any post in the Service by initial recruitment, unless he possess (sic) the qualifications and experience prescribed for the post in column 3 of the Appendix to these Rules. (b) No person, not already in the service of the Authority, shall be appointed to a post in the Service unless he has satisfied the appointing authority with regard to his character and antecedents and has furnished a certificate of Pakistani Citizenship from the authority competent to issue such certificates in the appropriate form.” [Emphasis supplied] Law regarding foreign employment of ex-Government servants 17. The provisions of Section 3 of the Ex-Government Servants (Employment with Foreign Governments) (Prohibition) Act, 1966 (Act of 1966) are relevant which read as under:- “3. Prohibition of employment, etc.__(1) No ex-Government servant shall, except with the previous permission in writing of S.M.C. No.3 of 2018 etc. -: 19 :- the Federal Government, or a person or authority authorised by it in this behalf seek or take up employment as an officer or servant of a foreign government or a foreign agency. (2) No ex-Government servant who is, at the commencement of this Act, in the service of a foreign government or a foreign agency shall, except with the permission in writing of the Federal Government, continue in such service after the expiry of three months from such commencement.” “Ex-Government servant” has been defined in Section 2(a) of the Act of 1966 to mean:- “…any person who was, at any time, appointed or employed as an officer or servant of the Federal Government or a Provincial Government and has ceased to be so appointed or employed.” The penalty for contravention of Section 3 of the Act of 1966 is provided in Section 4 thereof which reads as under:- “…imprisonment for a term which may extend to seven years or with fine which may extend to fifty thousand rupees, or with forfeiture of property, or with any two or more of the said punishments.” Laws on citizenship/nationality and dual nationality 18. We shall now advert to the laws pertaining to citizenship and dual nationality. Before proceeding further, the following categorization of the aforementioned persons may prove to be expedient:- i. Dual nationals (Category A); ii. Those who are not Pakistani citizens but may be of Pakistani origin only (Category B); and S.M.C. No.3 of 2018 etc. -: 20 :- iii. Those whose spouses are either dual nationals or foreigners (Category C). Article 260 of the Constitution defines “citizen” as under:- “260. Definitions. (1) In the Constitution, unless the context otherwise requires, the following expressions have the meaning hereby respectively assigned to them, that is to say, “citizen” means a citizen of Pakistan as defined by law;” [Emphasis supplied] 19. The Pakistan Citizenship Act, 1961 (Citizenship Act) provides for various types of citizenship including, inter alia, citizenship by birth (Section 4 of the Citizenship Act), by descent (Section 5 of the Citizenship Act), by migration (Section 6 of the Citizenship Act) and by naturalization (Section 9 of the Citizenship Act). However for our purposes, Section 14 of the Citizenship Act is germane which reads as follows:- 14. Dual citizenship or nationality not permitted.— (1) Subject to the provisions of this section if any person is a citizen of Pakistan under the provisions of this Act, and is at the same time a citizen or national of any other country he shall, unless he makes a declaration according to the laws of that other country renouncing his status as citizen or national thereof, cease to be a citizen of Pakistan. (IA) Nothing in sub-section (1) applies to a person who has not attained twenty-one years of his age: (2) Nothing in sub-section (1) shall apply to any person who is a subject of an Acceding State so far as concerns his being a subject of that State. (3) Nothing in sub-section (1) shall apply, or shall be deemed ever to have applied at any stage, to a person who being, or having at any time been, a citizen of Pakistan, is also S.M.C. No.3 of 2018 etc. -: 21 :- the citizen of the United Kingdom and Colonies or of such other country as the Federal Government may, by notification in the official Gazette, specify in this behalf. (4) Nothing in sub-section (1) shall apply to a female citizen of Pakistan who is married to a person who is not a citizen of Pakistan. [Emphasis supplied] Upon a plain reading of Section 14(1) ibid, it is clearly beyond any doubt that as a general rule, a Pakistani citizen who is also a citizen/national of any other country shall lose his Pakistani citizenship unless he renounces his citizenship/nationality of the other country. However, there are certain exceptions to this general rule where the said provision shall not apply to a person who:- i. Has not attained the age of 21 years [Section 14(1A) ibid]; ii. Is not a subject of an Acceding State so far as concerns his being a subject of that State [Section 14(2) ibid]; iii. Being or having at any time been, a citizen of Pakistan, is also a citizen of the United Kingdom (UK) and Colonies, or of such other country as the Federal Government may, by notification in the Official Gazette, specify in this behalf [Section 14(3) ibid]; and iv. Is a female citizen of Pakistan who is married to a person who is not a citizen of Pakistan [Section 14(4) ibid]. In addition to the UK, which is specifically mentioned in Section 14(3) of the Citizenship Act, the Government of Pakistan has specified 18 other countries in terms of Section 14(3) ibid such that on acquisition of citizenship of these countries a Pakistani citizen does not automatically lose his Pakistani nationality as per Section 14(1) ibid. The list of countries3, including the UK, is as under:- i. UK; 3 Obtained from the website of the Directorate General of Immigration and Passports, Ministry of Interior. S.M.C. No.3 of 2018 etc. -: 22 :- ii. France; iii. Italy; iv. Belgium; v. Iceland; vi. Australia; vii. New Zealand; viii. Canada; ix. Finland; x. Egypt; xi. Jordan; xii. Syria; xiii. Switzerland; xiv. Netherlands; xv. United States of America; xvi. Sweden; xvii. Ireland; xviii. Bahrain: and xix. Denmark. In other words, a Pakistani citizen who acquires the citizenship of a country other than the 19 countries (including the UK) falling under Section 14(3) ibid mentioned above, shall cease to be a Pakistani citizen unless he renounces his other nationality, by making a declaration according to the law of that country. However, it is clear that Pakistani citizens have the right to hold dual nationality, as has been held in the concurring note of Justice Jawwad S. Khawaja (as he was then) in the judgment reported as Syed Mehmood Akhtar Naqvi Vs. Federation of Pakistan (PLD 2012 SC 1089):- “We may clarify that section 14(1) of the Citizenship Act, 1951, confers upon Pakistani citizens the right to hold the citizenship of certain other countries without having to forego their Pakistani citizenship. The right, therefore, of Pakistani citizens to hold dual citizenship, as per law, remains very much a statutory right vested in them.” 20. It is pertinent to note that there are no guidelines in respect of the discretion available to the Federal Government under Section 14(3) of the S.M.C. No.3 of 2018 etc. -: 23 :- Citizenship Act. The statute does not provide the grounds for exercising the executive power of specifying as to which countries Section 14(1) of the Citizenship Act would not apply. This was broadly the argument made by the learned amici curiae in the judgment of the learned Lahore High Court reported as Umar Ahmad Ghumman Vs. Government of Pakistan and others (PLD 2002 Lahore 521). Regardless of the fact that in the intra- Court appeal filed against the cited judgment the learned Division Bench seized thereof dismissed the writ petition as having been withdrawn, we are unable to subscribe to the view set out in the judgment passed in the writ petition in Umar Ahmad Ghumman’s case (supra) that the citizens of Pakistan can retain their citizenship provided the Municipal Law of the other country, nationality of which is sought, does not prohibit dual nationality. This interpretation of linking Pakistani citizenship with reference to the law of another country cannot prevail keeping in mind the spirit and intent of Section 14 supra which is clear from a plain reading thereof. However, we are of the opinion that the unqualified power vested with the Government is inconceivable in the democratic government prevailing in Pakistan under the Constitution. Discretion ought to be guided and qualified in order to meet the requirements of sound administrative policy. Therefore while all the orders passed and notifications issued till date are kept intact and are valid for all intents and purposes, the Federal Government shall formulate the guidelines and parameters for the exercise of power under Section 14(3) supra. 21. At the cost of repetition, persons in Category A are essentially citizens of Pakistan who are additionally also citizens of any of the 19 countries mentioned above. There is no restriction in the Constitution on persons in Category A from being employed in the service of Pakistan. Furthermore, since persons in Category A are Pakistani citizens, they fulfil the requirements for employment as Federal and Provincial civil servants under the applicable rules as well as enrolment in the Army, Air Force and S.M.C. No.3 of 2018 etc. -: 24 :- Navy under the applicable Acts, as discussed in detail above. There also does not appear to be any general prohibition on persons in Category A being employed by or in autonomous/semi-autonomous statutory bodies/organizations and companies etc. which are owned/controlled/governed by the Federal and/or Provincial Governments. Certain restrictions could however exist in the specific statute, law, rule or constitutive document applicable to each body which would have to be examined on a case-to-case basis. Laws pertaining to foreigners (Pakistani and non-Pakistani origin) 22. Section 2(a) of the Foreigners Act, 1946 (Foreigners Act) defines a foreigner as “a person who is not a citizen of Pakistan”. Foreigners have been granted certain benefits and some restrictions have also been imposed on them through various laws and rules, etc. Section 10 of the Foreigners Order, 1951 (Foreigners Order) promulgated under the Foreigners Act imposes certain restrictions on foreigners vis-à-vis employment and reads as follows:- “10. Restrictions on employment. No foreigner shall without the general or special permission in writing of the civil authority, enter any premises relating to, or be employed in, or in connection with- (1) Any undertaking for the supply to Government or to the public of light, petroleum, powers or water, or- (2) Any other undertaking which may be specified by the Central Government in this behalf.” [Emphasis supplied] According to the Ministry of Interior, it has not exercised its power under Section 10(2) of the Foreigners Order, as is evident from its letter dated 31.07.2018 which is scanned as under:- S.M.C. No.3 of 2018 etc. -: 25 :- Certain restrictions have also been placed on the acquisition of land or landed property in Pakistan by foreigners vide Order dated 09.09.1984 [No. 18/153/84-Poll.E(II)] issued by the Ministry of Interior under Section 3 of the Foreigners Act, 1946 which basically provides that no foreigner shall, directly or indirectly, acquire any land or any interest in land, without the previous written permission of the Federal or Provincial Government. Section 3(d) of the Registration of Foreigners (Exemption) Order, 1966 exempts foreigners in the service of the Federal or Provincial Government (and his wife and children) from some of the requirements of the Registration of Foreigners Rules, 1966. 23. Within the category of foreigners fall those persons who are not Pakistani citizens but are of Pakistani origin only. Pursuant to the provisions of Section 11 of the National Database and Registration Authority Ordinance, 2000 (Ordinance of 2000) read with the National Database and S.M.C. No.3 of 2018 etc. -: 26 :- Registration Authority (Pakistan Origin Card) Rules, 2002 (POC Rules), certain eligible foreigners of Pakistani origin and their eligible family members may obtain a Pakistan Origin Card (POC) on fulfillment of certain qualifications and requirements described in detail in Rules 2(d), 2(e), 3, 4 and 5 of the POC Rules. Rule 17 of the POC Rules confers certain benefits on POC holders, which (Rule) reads as under:- “17. Benefits for holder of card.- (1) During the validity of a card and without prejudice to any other rights, benefits, privileges or capacities enjoyed by, or available to, the holder of card, every holder of card validly issued to him under these rules- (a) may enter into Pakistan without a visa from such port or place, by such route and in accordance with such conditions, if any, as are prescribed for citizens of Pakistan under section 13 of the Passports Act, 1974 (XX of 1974); (b) shall have permission to stay in Pakistan till the validity of the card; (c) shall, during his stay in Pakistan, be exempt as a foreigner from reporting to or registering with, any law enforcing or other governmental agency to whom or with which such report or registration in the capacity of a foreigner is otherwise required under any law in force in Pakistan; (d) may open bank accounts anywhere in Pakistan and transact business therein subject to fulfilment of the requirements of any other law for the time being in force; (e) may, subject to any other law for the time being in force, enter into transactions of purchase and sale of moveable or immoveable property anywhere in Pakistan and deal with and dispose of such property; and S.M.C. No.3 of 2018 etc. -: 27 :- (f) may use the card for establishing and proving his identity anywhere in Pakistan where a National Identity Card is required for the purpose. (2) The Authority may arrange for other lawful benefits, rights and privileges for holders of card, as it may deem fit, in association with governmental and private organizations or entities in order to incentivize their registration.” [Emphasis supplied] 24. As examined in the earlier portion of this opinion, the Government has not exercised its power under Section 10(2) of the Foreigners Order to invoke the prohibition on employment in any undertaking of the Government. Accordingly, at present the concession applies to Federal and Provincial civil servants or persons who are in Category B being employed as Federal or Provincial civil servants. However, in the discussion that follows in paragraph No.27 below, such restriction may nevertheless be presumed of foreigners and persons in Category B by virtue of the rules framed under the respective Federal and Provincial Acts. 25. Furthermore, while there is no prohibition in the Constitution on persons in Category B enrolling in the Pakistan Armed Forces, however, by virtue of the respective Acts governing the Pakistan Armed Forces, persons in Category B shall not, except with the permission of the Federal Government, enroll in the Army, Air Force or Navy. Additionally, any person enrolled in the Armed Forces shall be required to take an oath as specified in Article 244 read with the Third Schedule of the Constitution (see paragraph No.3 of this opinion). 26. There does not appear to be any general prohibition on persons in Category B being employed by or in autonomous/semi-autonomous statutory bodies/organizations and companies etc. which are owned/controlled/governed by the Federal and/or Provincial Governments. Restrictions may apply generally to certain kinds of employment, irrespective S.M.C. No.3 of 2018 etc. -: 28 :- of legal status/ownership/control of the employer (e.g. by virtue of Section 10 of the Foreigners Order as discussed above). Certain restrictions could exist in the specific statute, law, rule or constitutive document applicable to each body which would have to be examined on a case-to-case basis. 27. We find it pertinent to mention that the views set out in paragraphs No.24 to 26 hereinabove are subject to the following discussion. Generally speaking, a person who is not a Pakistani citizen and is only of Pakistani origin is by definition a foreigner and thus would be subject to the same benefits, restrictions and limitations in Pakistan as a foreigner of non- Pakistani origin. However, a foreigner of Pakistani origin is eligible to obtain a POC and thereafter enjoy certain rights/benefits specified in paragraph No.23 above. At this juncture we find it appropriate to consider an ancillary issue which potentially has far-reaching practical implications. A bare perusal of the Foreigners Act and the Foreigners Order suggests that the appropriate Government is given the power to invoke the general bar contained in Section 10(1) of the Foreigners Order upon the employment of foreigners in Pakistan. This only restriction on the employment of foreigners in Pakistan is contained in Section 10 of the Foreigners Order as mentioned in paragraph No.22 above. The effect of Section 10 ibid which is the law governing foreigners, regardless of their origin, is that they are, unless the appropriate Government specifies their employer to be subject to the statutory restriction and/or for which permission is required. However, it appears that Rule 17 of the POC Rules read with Section 10 of the Foreigners Order specifies only six “permissions” as mentioned in parts (a) to (f) of sub-Rule (1) of Rule 17 ibid to have been conferred upon POC holders. These do not include the right to employment in Pakistan (generally, and not specifically with respect to government service). The statutory prohibition under Section 10 of the Foreigners Order accordingly triggers into effect to restrict the privileges excluded in Rule 17 ibid. Thus in effect, Rule 17(1)(a) to (f) of the POC Rules places a restriction on POC holders with respect to employment S.M.C. No.3 of 2018 etc. -: 29 :- in Pakistan that would not have otherwise been imposed on them had they not applied for a POC and remained as a foreigner of non-Pakistani origin allowed. This appears to be an anomaly whereby foreigners of Pakistani origin are not entitled to work in Pakistan by virtue of their POC whereas foreigners of non-Pakistani origin are (subject to, of course, work permit requirements). The foregoing interpretation of the law as it stands at present would mean that foreigners of Pakistani origin are not allowed to hold any sort of employment in Pakistan by virtue of their POC. We find the said legal position to be illogical, absurd and inherently inconsistent. Therefore we hereby place a beneficial construction on Rule 17(1) supra by holding that the general permission of working in Pakistan that foreigners have (subject to work permit requirements) is retained by those foreigners of Pakistani origin who hold POCs by virtue of the saving clause in the opening portion of Rule 17(1) ibid which provides that the holders of such cards would be entitled to the additional benefits provided therein “without prejudice to any other rights, benefits, privileges or capacities enjoyed by, or available to, the holder of card.” Thus it is categorically held that holders of POCs are allowed to work in Pakistan just as are any other foreigners (i.e. not entitled to POCs) as defined under the law. 28. Be that as it may, this perhaps explains the list of 24 persons working in various Government departments, etc. submitted by the Committee constituted by this Court, who are considered to be foreign nationals. The foreign nationalities they hold are of countries which are not in the list of 19 countries of which dual nationality is allowed. It appears that the said persons have been able to secure employment on the basis of an identity card number issued to them by NADRA and printed on their POC. Furthermore, it has come to this Court’s notice that the relevant Pakistani authorities, including the Board of Investment (BOI), do not issue work permits to POC holders for the very same reason that they (the authorities) are under the impression that such persons are legally entitled to work in Pakistan. This practice was exemplified by Dr. Faisal Shafait, a foreign S.M.C. No.3 of 2018 etc. -: 30 :- national (at Serial No.10 in the list of 24 government officers with foreign nationality), who stated in Court that he personally approached BOI for the issuance of a work visa but his request was turned down on the ground that the BOI had never processed work visas for POC holders as according to them POC holders do not require a work visa and can legally work in Pakistan without the same. It seems that all the public and private organizations, and the general public for that matter, have been oblivious of the true legal position and hence have been employing POC holders and refusing to grant them work permits. Therefore the relevant authorities, including the Ministry of Interior, the Directorate General of Passports and Immigration, NADRA and BOI are directed to review their existing practice and procedures in light of the foregoing position and to facilitate the issuance of visa/work permits to all those POC holders who require the same. As this would affect all the POC holders who are currently working in Pakistan without a visa/work permit, such persons should apply for the same and the Ministry of Interior is directed to decide the applications in accordance with law within a period of two months, after which the law shall take its own course. Alternatively, the Federal Government may in conjunction with NADRA consider amending Rule 17(1) of the POC Rules to reflect the correct position of the law allowing POC holders to work in Pakistan by virtue of their POC divesting them of any requirement to separately apply for a work visa/permit as foreigners of non- Pakistani origin are required to. The Federal Government is required to take a final decision in this regard within one month from the issuance of this order and till such decision is reached, the status quo shall be maintained. 29. There are two more issues pertaining to POC holders. The first is whether Rule 17(1) of the POC Rules is valid as it provides certain substantive rights mentioned above which generally ought to be contained in the statute and not in the rules. The POC Rules have been framed “[i]n exercise of the powers conferred by section 44 of the National Database and Registration Authority Ordinance, 2000 (VIII of 2000), read with clause (b) of sub-section (4) of section 5, S.M.C. No.3 of 2018 etc. -: 31 :- section 8, section 11 and sub-section (3) of section 17 thereof…” which (provisions) read as under:- “44. Power to make rules.- The Federal Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Ordinance: Provided that… 5. Purpose, objects, functions and power of the Authority.- (4) In particular and without prejudice to the generality of the foregoing powers and functions, the Authority– (b) may issue or renew, or cause to be issued or renewed, to any prescribed class or class of persons, including citizens, foreigners and emigrants, or to any prescribed class or classes of things, who have got themselves, or who or which have been, registered in the prescribed manner issued cards in the prescribed form and manner and on such criteria and for such period of validity thereof on such terms and conditions as may be prescribed and may receive applications therefor (sic) in the prescribed form; 8. Registration of persons, etc.- (1) The Federal Government may by rules provide for the registration of different persons or classes thereof wherever they may be including citizens, foreigners and emigrants, and for different things or classes thereof whatever they may be and along therewith provide for the method of such registration, manner and form of applications to be made therefor (sic), fee or other sum to be charged therefor (sic). (2) Notwithstanding anything contained in any other law for the time being in force the Federal Government may, by rules, for the purpose of incentivizing registration of a particular class of persons under this Ordinance, provide for any right, interest, privilege, benefit, reward or other advantage, tangible or intangible, available under Pakistan Law, to be extended to, or made available to or withdrawn from such class of persons required to be registered under this Ordinance and such right, S.M.C. No.3 of 2018 etc. -: 32 :- interest, privilege, benefit reward or other advantage shall accordingly become extended, or available to or withdrawn from, as the case may be, to such class of persons. 11. Pakistan Origin Cards.- The authority shall issue or renew, or cause to be issued or renewed, in the prescribed manner and on prescribed criteria, terms and conditions, cards to such prescribed class of foreigners and such prescribed class of citizens with dual nationality who have got themselves registered in the prescribed manner, in such form and with such periods of validity thereof upon payment of such fee in such form and manner as may be prescribed, to be called Pakistan Origin Cards and receive applications for registration therefor (sic) in the prescribed form. 17. Surrender of cards.- (3) The Authority shall issue such receipt in relation to the card or certificate surrendered under this section in such form and manner and containing such information relating to the person whose card or certificate has been surrendered as may be prescribed.” [Emphasis supplied] The words “rules” and “prescribe” have been defined in the Ordinance of 2000 as follows:- “2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context,– (n) “prescribed” means prescribed by rules; (r) “rules” means rules made under this Ordinance;” [Emphasis supplied] The aforementioned provisions of the Ordinance of 2000, in particular Section 8(2) thereof, authorize the Federal Government to frame rules to provide such class of persons required to be registered under the said Ordinance, in this case eligible foreigners of Pakistani origin or eligible family members, with any right, interest, privilege, benefit, reward or other advantage (tangible or intangible) available under Pakistan Law. Therefore the S.M.C. No.3 of 2018 etc. -: 33 :- framing of the POC Rules including Rule 17(1) thereof conferring substantive rights onto certain persons was a valid exercise of power by the Federal Government. 30. The second issue is with respect to Section 11 of the Ordinance of 2000 itself which authorizes NADRA to issue (or renew) POCs to “such prescribed class of foreigners and such prescribed class of citizens with dual nationality who have got themselves registered in the prescribed manner…” The vague aspect is the issuance of POCs to citizens with dual nationality as per Section 11 ibid. As held in this opinion, dual nationals are, for all intents and purposes, citizens of Pakistan according to the Citizenship Act. This legal position is also evident from the fact that dual nationals are issued National Identity Cards for Overseas Pakistanis (NICOP) which are identical to the regular National Identity Cards (NIC) issued to those who hold only Pakistani citizenship. The legal framework of the Ordinance of 2000 in this regard is as under:- “10. National Identity Cards.—(1) The Authority shall issue or renew, or cause to be issued or renewed, in such manner and on terms and conditions, subject to every citizen who has attained the age of eighteen years and got himself registered under section 9, a card to be called National Identity Card in such form, with such period of validity upon payment of such fee in such form and manner as may be prescribed: ⋮ 19. Cards necessary for certain purposes.—(1) No citizen who has attained the age of eighteen years but does not possess or produce a National Identity Card shall be granted a passport, permit or other travel document for going out of Pakistan. (2) Any officer charged with the duty of conducting the poll at an election to the National Assembly or a Provincial Assembly or to a Municipal Committee, Cantonment Board or other local authority or body may, S.M.C. No.3 of 2018 etc. -: 34 :- for the purpose of satisfying himself as to the identity of any person, require such person to produce his National Identity Card. (3) The Federal Government may, by notification in the Official Gazette, specify any other purpose for which the production of any card or certificate or receipt issued under this Ordinance shall be necessary. (4) A card including a National Identity Card, issued to a person under this Ordinance shall be proof of his identity as could be established from the contents of such card for any purpose for which his identity is required to be established.” The relevant provisions of the National Database and Registration Authority (National Identity Card) Rules, 2002 (NIC Rules) are reproduced below:- “5. Registration.- All citizens shall get themselves registered with the Authority in accordance with section 9 of the Ordinance under these rules and the regulations. 2. Definitions.- (1)(d) “citizen” means, for the purposes of these rules, a citizen of Pakistan who has attained the age of eighteen years and includes both a resident and a non-resident citizen; 2. Definitions.- (1)(q) “resident citizen” means a resident citizen under rule 3; 3. Resident citizen.- A citizen shall be a resident citizen if he is not a non-resident citizen. 2. Definitions.- (1)(j) “non-resident citizen” means a non- resident citizen specified in rule 4; 4. Non-resident citizen.- (1) A citizen shall be a non-resident citizen if he,– (a) is an emigrant or intending emigrant; (b) is, or is intending to be, resident abroad; S.M.C. No.3 of 2018 etc. -: 35 :- (c) holds nationality or citizenship of any other country or state pursuant to sub-section (3) of section 14 of the Pakistan Citizenship Act, 1951 (II of 1951); or (d) holds an emigrant or resident visa, permanent or otherwise, or equivalent authorization, permit or status, as the case may be, of a foreign state or country. ⋮ 15. Benefits.- (1) Without prejudice to any other rights, benefits, privileges or capacities enjoyed by or available to a non-resident citizen specified in clause (c) of sub-rule (1) of rule 4 who simultaneously holds the nationality or citizenship of any other country or state together with his Pakistani citizenship, such non-resident citizen shall, upon issuance of the card to him in the form set out in Schedule II and during the period of validity of his said card, have the right to enter into Pakistan without a visa from such port or place, by such rout (sic) and in accordance with such conditions, if any, as are prescribed pursuant to section 13 of the Passport Act, 1974 (XX of 1974). (2) A card validly issued to a non-resident citizen in the form given in Schedule II shall be the conclusive proof of his being a citizen of Pakistan for the purposes of availing protection of the Government of Pakistan in any foreign country or state as a Pakistani citizen. The Federal Government shall recognize, afford and ensure full protection as citizens of Pakistan available under the law to all card holders abroad. (3) The Authority may arrange for and make available other lawful benefits, rights and privileges for holders of the card, as it may deem fit, in association with governmental, private organizations or entities in order to incentivize registration of the citizens under these rules.” [Emphasis supplied] According to the foregoing provisions, all citizens of Pakistan, resident or non-resident (the latter including dual nationals under Section 14(3) of the Citizenship Act) are S.M.C. No.3 of 2018 etc. -: 36 :- to be issued NICs and holders of such cards are to enjoy the same rights, privileges and benefits, etc. being citizens of Pakistan, with dual nationals enjoying the extra benefit of visa-free entry into Pakistan as per Rule 15 of the NIC Rules. Thus the mere mention of the phrase “such prescribed class of citizens with dual nationality” in Section 11 supra has created an anomaly. This anomalous position has also been candidly conceded by the NADRA officials who stated that an error had occurred when the Ordinance of 2000 was being drafted which had been overlooked and went unnoticed till such time as the NIC Rules and the POC Rules were framed and the system of issuing NICs and POCs was put in place once NADRA was set up and became functional. In light of the above, we find that the Federal Government should reconsider Section 11 of the Ordinance in light of the observations made above to remove the contradictions arising therefrom in the NADRA laws. 31. In light of the above discussion, we now examine the position of the 24 government officers with foreign nationality. We have held that under the existing law such foreigners, albeit of Pakistani origin, are not allowed to become civil servants by virtue of the rules framed under the respective Federal and Provincial Acts, and similarly may not enroll in the Armed Forces by virtue of the respective Acts governing the Pakistan Armed Forces (save, in both cases, where permission has been granted by the competent authority where applicable); however there does not appear to be any general prohibition on such persons being employed by or in autonomous/semi-autonomous statutory bodies/organizations and companies etc. which are owned/controlled/governed by the Federal and/or Provincial Governments, save for the restrictions contained in Section 10 of the Foreigners Order, 1951. In the absence of any specific restrictions in the specific statute, law, rule or constitutive document applicable to each body, such persons are theoretically entitled to work therein under the existing legal framework, until of course it is reconsidered by the Government (should that be the case). However since the legal position with respect to employment of POC holders S.M.C. No.3 of 2018 etc. -: 37 :- was unclear till date with the relevant authorities refusing to issue work visas to such persons, it is hereby held (as we had done in paragraph No.28) that should the Federal Government decide not to make the relevant amendments to Rule 17(1) of the POC Rules, they should apply for work visas and the concerned authority is directed to decide such applications in accordance with law within a period of two months, after which the law shall take its own course. However till the Federal Government takes a decision within one month either way, the status quo shall be maintained. It is worthy to note that at least two of the persons in the list, namely Dr. M. Yousaf Mairaj and Dr. M. Numan at Serials No.14 and 15 respectively, have stated that they do not hold Malaysian nationality as stated in the list, rather are Pakistani citizens but only hold Malaysian permanent residency. Be that as it may, they, along with any other person whose name has appeared incorrectly in the list as they hold Pakistani citizenship, are not required to apply for the work permit as mentioned above. Persons whose spouses have a nationality other than that of Pakistan 32. This category needs to be divided into two sub-categories:- i. Persons whose spouses are dual nationals, i.e. the spouses are citizens of Pakistan and also citizens of any of the 19 countries with which Pakistan has arrangements for dual nationality (Category C1); ii. Persons whose spouses are foreigners (of Pakistani or non-Pakistani origin), i.e. not citizens of Pakistan (Category C2). There does not appear to be any restriction on or qualification of persons in Category C1 in terms of their employment as a Federal or Provincial civil servant or enrolment in the Army, Air Force or Navy. Since their spouses are citizens of Pakistan, they will not be considered to be “foreign nationals” within the meaning of the rules specified in paragraphs No.6, 9, 11, 13 and 15 above. S.M.C. No.3 of 2018 etc. -: 38 :- 33. For persons in Category C2, the following restrictions appear to be applicable in terms of their employment as a Federal or Provincial civil servant:- i. For the Federation, a government servant who marries or promises to marry a foreign national shall be guilty of misconduct and render himself liable to any of the major penalties under the Government Servants (Efficiency and Discipline) Rules, 1973, unless prior permission of the Federal Government has been sought to marry or promise to marry a foreign national of any country recognized by Federal Government; ii. For Punjab, no person, who has married a foreign national shall be appointed to a post unless this restriction has been relaxed by the Provincial Government in case of a person who has married a citizen of India or Bangladesh; furthermore, a government servant who marries or promises to marry a foreign national shall be guilty of misconduct and shall be liable to any of the major penalties under the Punjab Employees (Efficiency, Discipline and Accountability) Act, 2006 (XII of 2006) unless prior permission of the Government is sought to marry or promise to marry a foreign national of any country recognized by the Federal Government for the purpose; iii. For Sindh, a civil servant who marries or promises to marry a foreign national shall be guilty of misconduct and render himself liable to any of the major penalties specified in the Sind Civil Servants (Efficiency & Discipline) Rules, 1973, unless prior permission of the Provincial Government is sought to marry or promise to marry a foreign national of any country recognized by Federal Government; iv. For KPK, a government servant may, with the prior permission of Government marry or promise to marry a person who is a citizen of India or Bangladesh; v. For Balochistan, a Government servant who marries or promises to marry a foreign national shall be guilty of misconduct and render himself liable to removal from Service under the Balochistan Employees’ Efficiency and Discipline Act, 2011 or S.M.C. No.3 of 2018 etc. -: 39 :- any other law/rules for the time being in force, unless prior permission of the Provincial Government is sought to marry or promise to marry a foreign national of any Country recognized by Federal Government. There does not appear to be any restriction on persons either in Category C1 or C2 who are enrolled in the Army, Air Force or Navy. However if there are any internal notifications, office memorandums of SOPs issued by the competent authority providing for certain restrictions in this regard then they shall be accordingly applicable. 34. While considering the POC Rules with respect to spouses of Pakistani citizens/foreigners of Pakistani origin, an ancillary matter came to this Court’s attention. According to Rule 4(5) of the POC Rules as originally promulgated, foreign spouses were allowed to be issued POCs. The said Rule read as under:- “4. Eligible foreigner of Pakistan origin.- (5) A foreigner who is married to a citizen of Pakistan shall, till the time he or she remains married to such citizen, also be an eligible foreigner of Pakistan origin: Provided that in case the citizen of Pakistan to whom such foreigner is married dies during the subsistence of their marriage, such foreigner shall continue to be an eligible foreigner of Pakistan origin till the time he or she contracts a second marriage: Provided further that such foreigner married to a citizen of Pakistan is- (i) not a citizen or national of India; (ii) not a citizen or national of a state or country not recognized by Pakistan; and (iii) not a citizen of any enemy country: Provided also that the Federal Government may, in special extraordinary circumstances and upon an application S.M.C. No.3 of 2018 etc. -: 40 :- made in this behalf by the concerned person, allow a foreigner married to a citizen of Pakistan not otherwise eligible under the second proviso, to be registered for an issued a card as an eligible foreigner of Pakistan origin and such person shall, upon issuance of the card and till the expiry or early termination of validity thereof for a reason other than such person’s ineligibility cured under this proviso, be treated as an eligible foreigner of Pakistan origin for all purposes under these rules.” However, the said rule was amended vide notification No.4/2/2012-NADRA dated 30.12.2015 according to which issuance of POCs to foreign spouses of Pakistani citizens was discontinued. Thereafter, considering the immense difficulties faced by foreign spouses of Pakistani citizens, the Ministry of Interior forwarded a summary for the Cabinet dated 20.02.2018 recommending therein (in paragraph No.5) withdrawal of the aforementioned notification along with restoration of the corresponding rule(s). The Cabinet vide its decision considered the aforesaid summary and approved the proposal contained in paragraph No.5 thereof, resultantly the said notification was withdrawn, and the rules were restored to their previous position. Despite this, the Ministry of Interior vide letter No.4/2/2012- NADRA dated 08.03.2018 introduced the eligibility condition of five years of marriage in violation of the approval of the Federal Government (Cabinet) which had stipulated that the rules had been restored to the previous position as mentioned above. Since the power to make rules lies only with the Federal Government as per Section 44 of the NADRA Ordinance, the introduction of the condition of five years marriage by the Ministry of Interior is ultra vires, and therefore hereby set aside. Armed forces 35. As far as the armed forces (military, naval and air forces and their allied departments) are concerned, according to the Secretary, Ministry of Defense, S.M.C. No.3 of 2018 etc. -: 41 :- recruitment of dual nationals is not permitted therein for which there exist relevant instructions/policies of the Army, Air Force and Navy; any dual nationals are required to surrender their foreign nationality prior to enrolment for induction in the armed forces of Pakistan. According to him, this position is reflected in the advertisements for recruitment and presently, there are no dual nationals recruited in such forces. However, as directed vide order dated 01.08.2018, the Secretary, Ministry of Defense, is required to continue the exercise to ascertain whether any dual nationals have been recruited in the armed forces on the basis of misdeclaration, concealment or non-disclosure and requisite action be taken in accordance with law by the concerned authority. 36. With respect to General (R) Raheel Sharif, documents were filed showing No Objection Certificates (NOC) from the General Headquarters (GHQ) and the Ministry of Defence, but according to Section 3 of the Act of 1966, it is in fact the Federal Government (or a person or authority authorized by it in this behalf) which can grant permission to an ex-Government servant to seek or take up employment as an officer or servant of a foreign government or a foreign agency; and according to the law laid down by this Court in the judgment reported as Messrs Mustafa Impex, Karachi and others Vs. The Government of Pakistan through Secretary Finance, Islamabad and others (PLD 2016 SC 808) the Federal Government means the Cabinet and the said judgment was in the field when the NOCs were granted. Vide order dated 07.08.2018, the learned Attorney General for Pakistan and the Additional Secretary, Ministry of Defense were granted time to look into the matter and apply to the Federal Government for an ex-post facto NOC/permission. Let the Secretary, Ministry of Defense file a report in this regard within one month from the issuance of this judgment and in case the requisite NOC is not granted by the Federal Government within such time, the foreign employment of General (R) Raheel Sharif shall cease with immediate effect. S.M.C. No.3 of 2018 etc. -: 42 :- 37. As regards Lt. General (R) Ahmad Shuja Pasha, he has filed a duly signed certificate dated 25.09.2018 which is scanned as under:- Dual nationality and the issue of divided loyalty 38. Contrary to what many may think, the purpose of this opinion was not to cast any sort of reservation, skepticism or mistrust against dual nationals or foreigners of Pakistani origin. The importance of the overseas Pakistani community cannot be overstated. In Syed Mehmood Akhtar Naqvi’s case4 (supra), Justice Jawwad S. Khawaja (as he was then) mentioned in his concurring note that:- “4. In fact, on numerous occasions in the recent past, this Court has expressed the national sentiment of gratitude for our expatriates, estimated to be in the range of 7 to 8 million in number. Most of them, particularly those working in Middle Eastern countries do not hold dual citizenship. These sons and daughters of Pakistan toil in foreign lands, away from their hearths, homes and loved ones and, in the process, provide an economic lifeline to Pakistan in these critical times. In the last financial year, these overseas Pakistanis remitted more than US$ 13 billion in hard cash, to bolster the economy of the country. This figure is slated to increase in the current financial year. Yet, at times, these hardworking and patriotic Pakistani 4 PLD 2012 SC 1089. S.M.C. No.3 of 2018 etc. -: 43 :- expatriates receive short shrift and humiliating treatment from government agencies such as the Immigration and other services, Civil Aviation Authority (CAA) and the Overseas Pakistanis Foundation (OPF), when they return to Pakistan after months or even years away from home. This Court has taken suo moto notice (HRC No. 24770-G/2011) of the maltreatment which overseas Pakistanis receive at the hands of such authorities.” In the judgment reported as Ch. Nasir Iqbal and others Vs. Federation of Pakistan thr. Secy. Law and others (PLD 2014 SC 72) in which the Supreme Court held that the right to vote of overseas Pakistanis was a fundamental right guaranteed by the Constitution, it was observed that:- “…the Pakistani citizens living abroad earn money by working there and then send the same in the shape of foreign remittances to the country. In this manner, they contribute to the welfare of the state, well-being of the citizens and good governance of the country by providing financial support through their families living inside Pakistan.” The practical implementation of the right to vote of overseas Pakistanis was ensured recently vide order dated 17.08.2018 passed in Dr. Farhat Javed Siddique etc. Vs. Government of Pakistan etc. (Const. P. No.74/2015 etc.). 39. The foregoing is a clear indication of the fact that this Court has always held the interests of overseas Pakistanis in the highest esteem. We acknowledge the services rendered by the overseas community which is not only providing the much needed foreign remittances that contribute to the economy of Pakistan, but immense support by representing Pakistan before various international bodies and organizations. The overseas Pakistani community comprises of professionals including doctors, engineers, solicitors, accountants, etc. who have contributed vastly in their respective S.M.C. No.3 of 2018 etc. -: 44 :- professions while gaining respect and credibility for their motherland, Pakistan. We would like to bring it on the record that the nation is proud of its overseas community. With this background in mind, we would like to emphasize that the instant matter in which information was sought about dual nationals holding important posts in the Government is not directed against those patriotic overseas Pakistanis, rather it was an exercise prompted by the acts of those Pakistani government officials who acquired nationalities of other countries during their tenure without disclosing the same to the Government, and have transferred the proceeds of their corruption abroad, and also relocated their families and themselves post- retirement while continuing to draw pension (themselves and their family members after their death) from the national exchequer. It is such people who have undermined the value of the bona fide overseas Pakistanis. It is clarified that the genuine overseas Pakistanis and their families and children are real assets of Pakistan and are more than welcome, rather we encourage them, to return to Pakistan to work in the public and private sectors to contribute as per their choice and experience. 40. Be that as it may, there can be no two opinions that the issue of dual nationality does raise potential concerns regarding loyalty. At this point it would be relevant to consider Article 5 of the Constitution which reads as under:- “Loyalty to State and obedience to Constitution and law 5. (1) Loyalty to the State is the basic duty of every citizen. (2) Obedience to the Constitution and law is the inviolable obligation of every citizen wherever he may be and of every other person for the time being within Pakistan.” [Emphasis supplied] S.M.C. No.3 of 2018 etc. -: 45 :- In Syed Mehmood Akhtar Naqvi’s case5 (supra), Justice Jawwad S. Khawaja (as he was then) discussed the concept of divided loyalty by stating in his concurring note that:- “6. When trying to understand the spirit behind Article 63(1)(c), the first point that needs to be considered is the fiduciary role envisaged for members of Parliament in our Constitution. In a number of judgments, we have emphasized the notion that all state authority is in the nature of a “sacred trust” and its bearers should therefore be seen as fiduciaries. In Muhammad Yasin v. Federation of Pakistan (PLD 2012 SC 132), we held that “holders of public office ... are, first and foremost fiduciaries and trustees for the People of Pakistan. And, when performing the functions of their Office, they can have no interest other than the interests of the honourable People of Pakistan...”. Parliamentarians, while acting as trustees and the chosen representatives of the people, take decisions which are often of grave consequence for the protection of the economic, political and over-all national interests of the people of Pakistan. In other words, theirs is a fiduciary duty of the highest order… 7. It is well settled that the foremost obligation of a fiduciary is to show complete loyalty to the principal and to scrupulously avoid situations which may create a conflict of interest in the performance of such duty. Cognizant of this principle, our Constitution requires constitutional functionaries including members of the National Assembly, Senators and members of Provincial Assemblies to solemnly swear that they will “bear true faith and allegiance to Pakistan” and act “always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of Pakistan.” (Third Schedule, Constitution) 8. It should be obvious that holding dual citizenship is likely to create situations for the holder where he faces a conflict of interest in the discharge of fiduciary duty to the people of Pakistan. The conflict of interest is particularly 5 Ibid. S.M.C. No.3 of 2018 etc. -: 46 :- evident when the acquisition of foreign citizenship entails taking an oath of allegiance to the foreign state and renunciation of allegiance to Pakistan…Clearly, oaths of this nature, do conflict with the fiduciary obligation of unswerving and undivided loyalty to Pakistan and its people. It is hard to see how someone who has openly “renounce[d] and abjure[d]” all allegiance to Pakistan or who has sworn allegiance to a foreign monarch, can then be safely entrusted with the “sacred trust” of protecting the interests of the people of Pakistan. In sum, therefore, acquiring the citizenship of a foreign state does create a serious conflict of interest; such conflict of interest renders a person unsuited for discharging a fiduciary duty as onerous as being a public representative. This is precisely the spirit in which the framers have enacted Article 63(1)(c) of the Constitution, which prevents citizens who acquire the citizenship of another state from entering or remaining in Parliament and in the Provincial Assemblies.” [Emphasis supplied] Whether dual nationality ought to be recognized or not is a policy decision that varies from country to country. Developed countries such as USA have adopted a general policy of tolerance therefore blanket bans or rules against dual nationality are not in vogue. Instead, there are mechanisms of security clearance evaluations and determinations in accordance with government- wide orders and standards.6 However in Pakistan, Section 14 of the Citizenship Act imposing a blanket ban against dual nationality from its very inception indicated a less tolerant approach towards this concept (of dual nationality). It was only 21 years later through the Pakistan Citizenship (Amendment) Act, 1972 that sub-Section (3) was inserted into Section 14 ibid permitting dual nationality basically at the pleasure of the Federal Government. At the very least, this indicated a shift in Pakistan’s stance regarding dual nationality which should not be considered to be abnormal considering the advantages of dual nationality that cannot be ignored in today’s day and age of globalization. Apart from enabling political integration 6 US Department of State, Dual Citizenship – Security Clearance Implications. S.M.C. No.3 of 2018 etc. -: 47 :- and participation, it allows people to live and work in either of the countries of which they are nationals and facilitates visits and travel to and fro, without forcing one to sever ties with his country of origin (or either country for that matter). 41. The statements regarding dual nationality in the extract reproduced hereinabove do not have a direct bearing on the instant matter which differs somewhat from the issue before the Court in Syed Mehmood Akhtar Naqvi’s case7 (supra) which concerned the Framers’ intent and the Constitutional bar against dual nationality on elected representatives. However no such bar exists in the Constitution with respect to the non- elected government officials who are not required to take oath as the others are required to including elected representatives and members of the armed forces. Be that as it may, we cannot lose sight of the fact that divided loyalty does not necessarily mean disloyalty to Pakistan. There are many dual nationals or even foreigners of Pakistani origin for that matter who possess great love and affection for Pakistan and express it in the form of foreign remittances or by working in Pakistan, etc. Nonetheless, a real concern as raised by the opponents of dual nationality is that of divided loyalties leading to potential national security risks. It is in light of both the advantages and disadvantages of dual nationality that leads us to consider the adoption of a balanced approach where certain important positions in government service and public offices where indeed complete and undivided loyalty to Pakistan is required ought to be restricted to those who are citizens of Pakistan only. At the same time, keeping the door open for the Pakistani diaspora abroad who are an immense source of talent, skills, experience and competence, dual nationals and foreigners of Pakistani origin (and even non-Pakistani origin for that matter) ought to be allowed to work in various public and private sector entities in Pakistan such as health, education, etc. where they can share 7 Ibid. S.M.C. No.3 of 2018 etc. -: 48 :- their wisdom, training, skills and learning and contribute to a better Pakistan. Proposals 42. This opinion indicates certain concerns which are of such fundamental nature that cannot be addressed through judicial interpretation. Hence the proper course would be for Parliament to consider the following proposals in light of the existing law discussed and the concerns raised herein. 43. Insofar as dual nationals are concerned, they fall within the definition of citizens. It is for the Federal and Provincial Governments to consider whether they should:- i. Formulate negative list(s) of posts within the Government service to which citizens holding dual nationalities or whose spouses are dual nationals, should not normally be appointed for reasons of safeguarding national security and/or vital national interest, except with the permission of the respective Cabinets; ii. Place before the Parliament and the respective Provincial Assemblies at the end of each financial year list(s) of Government servants who are dual nationals and/or married to dual nationals, and the posts held by them; iii. Formulate negative list(s) of posts (decision-making/top managerial posts perhaps) within autonomous/semi-autonomous statutory bodies/organizations and companies etc. which are owned/controlled/governed by the Federal and/or Provincial Governments, to which citizens holding dual nationalities or whose spouses are dual nationals, should not normally be appointed for reasons of safeguarding national security and/or vital national S.M.C. No.3 of 2018 etc. -: 49 :- interest, except with the permission of the respective organization or parent department; and iv. Place before the respective organizations or parent departments at the end of each financial year list(s) of employees of autonomous/semi-autonomous statutory bodies/organizations and companies etc. which are owned/controlled/governed by the Federal and/or Provincial Governments who are dual nationals and/or married to dual nationals, and the posts held by them. 44. With regard to the government servants whose spouses possess nationalities other than that of Pakistan, i.e. who are foreigners (including those of Pakistani origin), the respective Governments may consider that the proposals mentioned in paragraph No.41(i) to (iv) should also apply to the concerned officers. 45. With respect to foreigners, which include those of Pakistani origin who hold POCs, it is for the Federal and Provincial Governments to consider whether they should:- i. Impose a blanket ban on employment of non-citizens, i.e. foreigners (of Pakistani or non-Pakistani origin) on employment within the Government service; ii. The Federal and Provincial Governments should, preferably in conjunction with each other, develop criteria and standard operating procedures with regard to the employment of non-citizens within the Government service where relaxation from the general prohibition is deemed necessary in the public interest. The employment of non-citizens should be subject to approval of the respective Cabinets; iii. Formulate negative list(s) of posts within autonomous/semi- autonomous statutory bodies/organizations and companies etc. which are owned/controlled/governed by the Federal and/or S.M.C. No.3 of 2018 etc. -: 50 :- Provincial Governments, to which non-citizens should not normally be appointed for reasons of safeguarding national security and/or vital national interest, except with the permission of the respective organization or parent department; and iv. Place before the respective organizations or parent departments at the end of each financial year list(s) of employees of autonomous/semi-autonomous statutory bodies/organizations and companies etc. which are owned/controlled/governed by the Federal and/or Provincial Governments who are non-citizens, and the posts held by them. 46. The Federal Government should also be required to submit annual reports to Parliament with regard to the enforcement/implementation of the Act of 1966 prohibiting employment of ex-Government servants with foreign governments and agencies. 47. The acquisition of foreign nationalities and permanent residence permits, etc. by citizens during employment in the Government service or autonomous/semi-autonomous statutory bodies/organizations and companies etc. which are owned/controlled/governed by the Federal and/or Provincial Governments, indicates, prima facie, and indeed in many cases (but not all) is, an intention to securely dispatch ill-gotten gains procured during service and to relocate their families and/or themselves during service and/or after retirement. Such individuals deserve no leniency. After determination by the competent authority, such officials must be given a deadline of either rescinding their foreign nationalities obtained during service or resign from service immediately. This is intended to send a strong signal to all officials in the employment of the Government of Pakistan at any level that they must not deceive Pakistan by breaking the trust that they have been bestowed upon by virtue of their office. The necessary S.M.C. No.3 of 2018 etc. -: 51 :- rules/regulations in this regard may be made/amended by the Federal and/or Provincial Governments, preferably in conjunction with each other. Furthermore, the Federal and/or Provincial Governments should develop criteria and standard operating procedures requiring disclosure of the intent to seek such foreign nationalities and permanent residence permits, etc., and adopt methods to check such instances and enforce penalties for non- disclosure. Such criteria and standard operating procedures could possibly be incorporated into the existing efficiency and discipline rules/regulations etc. by way of amendment or be adopted independently. 48. Before parting we would like to express our appreciation for the valuable assistance rendered by the learned amici curiae. The instant matter is accordingly disposed of in the foregoing terms. The noted civil miscellaneous applications are also disposed of accordingly. Civil Petition No.53-K/2018:- 49. As has been held above in this opinion, dual nationals are citizens under the Citizenship Act, however in the instant case it was established on the record that the petitioner failed to disclose the factum of obtaining green card of USA particularly when he was reinstated in government service. The office memoranda issued by the competent authority directing the petitioner to surrender his green card failure of which would result in disciplinary proceedings under the relevant law have been correctly upheld by the learned High Court in its constitutional jurisdiction vide impugned judgment which does not warrant interference by this Court. Besides, according to the documents filed vide C.M.A. No.4428/2018 the petitioner has been issued a show cause notice by the competent authority to which he has responded. Therefore the matter may be dealt with by such authority in accordance with law. S.M.C. No.3 of 2018 etc. -: 52 :- In light of the above, this petition is accordingly dismissed. CHIEF JUSTICE JUDGE JUDGE Announced in open Court on 15.12.2018 at Lahore Approved for Reporting M. Azhar Malik/*

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IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction) PRESENT: Mr. Justice Umar Ata Bandial, CJ Mr. Justice Ijaz ul Ahsan Mr. Justice Sayyed Mazahar Ali Akbar Naqvi Mr. Justice Jamal Khan Mandokhail Mr. Justice Muhammad Ali Mazhar SUO MOTO CASE NO.3 OF 2022 (Re: Independent and Transparent Investigation into the Murder of Renowned Journalist, Mr. Arshad Sharif in Kenya). In attendance: Ch. Aamir Rehman, Addl. AGP Dr. Akbar Nasir, IG ICT Mr. Awais Ahmad, DIG Mian Shahbaz, IO Mr. Irfan, Director Law M/o Information Mr. Israr Ahmad Khan, Director Law FIA Mr. Waqas Rasool, Deputy Director Law Mr. M. Syrus Sajjad Qazi, Addl. Secretary M/o Foreign Affairs Mr. Murad Wazir, DG M/o Foreign Affairs Mr. Asad Khan Burki, LA M/o Foreign Affairs Syed Faraz Raza, ALA M/o Foreign Affairs Date of Hearing: 05.01.2023 ORDER The learned Addl. Attorney General has referred to the report filed by the Special Joint Investigation Team (“SJIT”) on 04.01.2023 which recounts the progress made so far in its investigative work since constitution of the SJIT on 07.12.2022. He has informed us that the Federal Government has provided requisite funds for investigative work to be done by the SJIT in two foreign countries, namely, UAE and Kenya. Requests for Mutual Legal Assistance (“MLA”) to the government in these countries were issued by the Federal Government on 04.01.2023. In this behalf he acknowledges that the Foreign Office is cooperating fully to secure the requisite help and collaboration of SMC 3 OF 2022 2 the concerned police/investigative authorities in both foreign States for the SJIT. As soon as the MLA requests are responded favourably by the two foreign governments, the SJIT shall be visiting the said States for commencing their investigation abroad. 2. We note that the SJIT has performed some investigative work within Pakistan. 41 witnesses are reported to have been examined by it so far. The real issues of the cause and perpetrators of the assassination of Mr. Arshad Sharif would be unravelled after the relevant evidence available abroad in the afore-noted two countries is collected. We expect that the SJIT is fully prepared with its priorities, scenarios and areas of inquiry in the investigation and the persons and material that would be relevant and useful solving the crimes committed. The learned Addl. Attorney General submits that a month’s time may be given for the next report of the SJIT. Relist in the first week of February, 2023. CHIEF JUSTICE JUDGE JUDGE JUDGE Islamabad 05.01.2023 Rashid+Naseer JUDGE

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IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction) Present: Mr. Justice Umar Ata Bandial, HACJ Mr. Justice Ijaz ul Ahsan Mr. Justice Munib Akhtar Mr. Justice Qazi Muhammad Amin Ahmed Mr. Justice Muhammad Ali Mazhar SUO MOTO CASE NO.4 OF 2021 (In re: order dated 20.08.2021 in SMC No.4 of 2021) In attendance: Mr. Khalid Javed Khan, Attorney General for Pakistan. Mr. Aamir Rehman, Addl. AGP. Mr. M. Latif Afridi, President SCBAP. Mr. Khushdil Khan, VC, PBC. Mr. Jehangir Khan Jadoon, ASC. Mr. Amjad Nazir Bhatti, Journalist. Mr. Qayyum Siddiqui, Journalist. Date of hearing: 26.08.2021. O R D E R For detailed reasons to be recorded later and subject to what is set out therein by way of amplification or otherwise: 1. It is declared that the invocation/assumption of the suo motu jurisdiction of this Court under Article 184(3) of the Constitution is based on, and shall be guided by, the following principles: a. The Chief Justice of Pakistan is the sole authority by and through whom the said jurisdiction can be, and is to be, invoked/ assumed. b. The Chief Justice may invoke/assume the said jurisdiction in his discretion and shall do so if so requested or recommended by a Bench of the Court. c. No Bench may take any step or make any order (whether in any pending proceedings or otherwise) as would or could constitute exercise of the suo motu jurisdiction (such as, but not limited to, the issuance of any notice, making any enquiry or summoning any person or authority or any report) unless and until the SMC 4/2021 2 Chief Justice has invoked/assumed the said jurisdiction. 2. All matters already pending in respect of, or involving, the suo motu jurisdiction of the Court shall, notwithstanding para 1, continue to be heard and disposed of by such Benches as are constituted from time to time by the Chief Justice. 3. In view of the above, the order dated 20.08.2021 stands recalled. SMC No.4 of 2021 and all filings therein shall stand disposed of. 4. The substantive claims made by the Press Association of Supreme Court and others in the application presented in Court on 20.08.2021 shall be placed before the Chief Justice of Pakistan for consideration. Sd/- ACJ Sd/- Judge Sd/- Judge Sd/- Judge Sd/- Judge Announced in Court, On 26th August, 2021 Sd/- ACJ. Islamabad. Irshad Hussain /* NOT APPROVED FOR REPORTING.

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IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction) PRESENT: MR. JUSTICE IJAZ UL AHSAN MR. JUSTICE MUNIB AKHTAR MR. JUSTICE SAYYED MAZAHAR ALI AKBAR NAQVI MR. JUSTICE MUHAMMAD ALI MAZHAR MRS. JUSTICE AYESHA A. MALIK MR. JUSTICE SYED HASAN AZHAR RIZVI SUO MOTO CASE NO.04 of 2022 (GRANT OF ADDITIONAL 20 MARKS TO HAFIZ-E-QURAN WHILE ADMISSION IN MBBS/BDS UNDER REGULATION 9 (9) OF THE MBBS AND BDS (ADMISSION HOUSE JOB AND INTERNSHIP) REGULATIONS, 2018). IN ATTENDANCE: For PMDC : Mr. Afnan Karim Kundi, ASC On Court’s Notice : Ch. Aamer Rehman, Addl. Attorney General for Pakistan Date of Hearing : 04.04.2023 ORDER This Suo Motu Case bearing No.4 of 2022 was initiated pursuant to an order passed by a two member Bench of this Court dated 10.01.2022 in the following terms: “However, this petition has brought to the fore regulation 9(9) of the Regulations and the awarding of twenty additional marks to those candidates who had memorized the Holy Qur’an. Whether the memorization of the Holy Qur’an is a relevant criteria for the determination of the candidates for an MBBS or BDS degree needs consideration. It also needs to be considered whether regulation 9(9) of the Regulations conforms with Article 25 of the Constitution of the Islamic Republic of Pakistan. Therefore, while dismissing this petition we retain its paper-book to consider this aspect of the case. Notice be issued to the Pakistan Medical and Dental Council, which we are informed is now the Pakistan Medical Council, (‘the Council’) and the Council is directed to submit a concise statement which should address the aforesaid queries and to explain how the memorization of the SMC.No.04/2022 2 Holy Qur’an makes a candidate more eligible for an MBBS or BDS degree. The Council should also file the decision which lead to the incorporation of regulation 9(9) in the Regulations and the reasons, if any, for such incorporation. Notice be also issued to the Attorney-General for Pakistan in terms of Order XXVII-A of the Code of Civil Procedure, 1908.” 2. It appears that the office issued notices to all concerned to file concise statements. Such concise statements were not filed and this fact was brought to the notice of the learned members of the Bench by way of an office note placed before them in Chambers. The record indicates that the office was directed in the following terms: “Since the concerned, despite four reminders, have adamantly refused to respond, it may be appropriate to fix this matter in Court to the extent of the points noted in paragraph 2 of the order dated 10.01.2022.” The office accordingly sought appropriate orders of the Hon’ble Chief Justice of Pakistan. On the said office note, the HCJP passed the following order: “Treat the order dated 10.1.22 as recommendation for invocation of suo motu jurisdiction. Allowed.” 3. In view of the above, the HCJP constituted a three member Bench comprising Mr. Justice Qazi Faez Isa, Mr. Justice Amin ud Din Khan and Mr. Justice Shahid Waheed, JJ to consider the questions framed in the order dated 10.01.2022 passed in Civil Petition No.397-K of 2020. The matter was fixed before the said Bench on 15.03.2023 when the learned Bench instead of examining the matter regarding grant of additional 20 marks to Hafiz e Quran for admission in MBBS and BDS programs under Regulation 9(9) of the SMC.No.04/2022 3 MBBS and BDS (Admissions, Examinations, House Job and Internship) Regulations, 2018 made an order released on 29.03.2023 on matters which were neither raised in the petition (CP#397-K of 2020) which had already been dismissed nor had any nexus or connection with such questions and was totally alien to the lis before the Court. This order was clearly not final and was of an interim nature since the SMC was not disposed of by means thereof, but remained pending. 4. In response to the notice, Pakistan Medical & Dental Council (“PM&DC”) has filed a CMA bearing No.2057 of 2023 which consists of a report in compliance with the orders of this Court dated 10.01.2022 and 15.03.2023 on behalf the PM&DC. Paragraphs 11 & 12 of the report state as follows:- “11. That after repealment of the Pakistan Medical Commission Act, 2020 by the presently enacted Pakistan Medical and Dental Council Act, 2022, no fresh criteria has yet been provided for admissions to MBBS and BDS. Under section 51(2) of the PMDC Act, 2022, the Medical and Dental Undergraduate Education (Admissions, Curriculum and Conduct) Regulations 2021 made under the repealed Pakistan Medical Commission Act, 2020 have been saved which are being enforced at present till such time as the PMDC is full (sic) constituted and amends the said regulations or makes new ones. 12. That the Medical and Dental Undergraduate Education (Admissions, Curriculum and Conduct) Regulations, 2021 do not grant any additional marks to students who are Hafiz-e-Quran.” SMC.No.04/2022 4 Further, in paragraph 14 of the report it has been reiterated as follows: “14. That in view of the aforementioned facts, it is apprised to the Honorable Court that the MBBS and BDS (Admissions, Examinations, House Job or Internship) Regulations, 2018 (approved by this Hon’ble Court) and amended in 2019 which allowed grant of 20 additional marks to Hafiz e Quran for admission in medical/dental college are not in force at present.” 5. The learned counsel for Pakistan Medical Commission (“PMC”) has reiterated the stance taken in paragraphs 11, 12 & 14 reproduced above and has categorically stated in view of the fact that under the Medical and Dental Undergraduate Education (Admissions, Curriculum and Conduct) Regulations, 2021 which are the current Regulations, do not grant any additional marks to the students who are Hafiz e Quran and the MBBS and BDS (Admissions, Examinations, House Job or Internship) Regulations, 2018 and amended in 2019 which allowed grant of 20 additional marks to Hafiz e Quran for admission in Medical/Dental Colleges are not in force. He therefore maintains that this Hon’ble Court was not properly assisted in the matter as it was already a dead issue when the order dated 10.01.2022 was passed. This position is dispositive of the SMC. 6. Turning to the order dated 15.03.2023 announced on 29.03.2023 its perusal clearly shows that it constitutes a fresh suo motu invocation of jurisdiction relating to questions involving constitution of Benches, the power of the HCJP as SMC.No.04/2022 5 the Master of Rolls to constitute Benches and a prohibition order bearing No.F.No.3(07)/2023/OPS-BM/4419 dated 09.03.2023. Through the said prohibition order, Pakistan Electronic Media Regulatory Authority (“PEMRA”) had forbidden all satellite TV channels to telecast anything against the State institutions and not to discuss the conduct of Hon’ble Sitting Judges of the High Courts and the Supreme Court in any manner. 7. In paragraph 28 of the interim order in question it was stated as follows: “The interest of citizens therefore will be best served to postpone the hearing of this case and of all other cases under article 184(3) of the Constitution till the matters noted hereinabove are first attended to by making requisite rules in terms of article 191 of the Constitution” The order sheet reflects that the order was signed on 29.03.2023 by two Hon’ble members of the Bench namely Qazi Faez Isa and Amin ud Din Khan, JJ while the third Hon’ble member of the Bench Shahid Waheed, J noted as follows : “As the points raised and discussed in the order were not the subject matter of the case, I disagree and will record separate dissenting note”. Such dissenting note was accordingly issued on 30.03.2023. We have carefully examined the majority judgment as well as the dissent recorded by Shahid Waheed, J. We are in no manner of doubt that the order dated 15.03.2023 invokes suo motu jurisdiction of this Court and is therefore clearly violative of the principles settled in a five SMC.No.04/2022 6 member judgment of this Court recorded in SMC No.4 of 2021 reported as Enforcement of Fundamental Rights with regard to Independence of Press/Media (PLD 2022 SC 306) which clearly and categorically lays down the rule that the suo motu jurisdiction of this Court can only and solely be invoked by the HCJP. The majority order also appears to be in violation of the well settled rule of law, which is axiomatic, that the Chief Justice is the master of the roster. The order was therefore both without and beyond jurisdiction. Therefore, we are respectfully of the view that the order dated 15.03.2023 passed by two Hon’ble members of the Bench was inoperative and ineffective when made, was such at all times thereafter and continues to remain so. 8. It appears that the order was brought to the notice of the HCJP who was pleased to observe as follows: “The observations made in paras 11 to 22 and 26 to 28 of the majority judgment of two to one travel beyond the lis before the Court and invokes its suo motu jurisdiction. The unilateral assumption of judicial power in such a manner violates the rule laid down by a 5 Member judgment of this Court reported as Enforcement of Fundamental Rights with regard to Independence of Press/Media (PLD 2022 SC 306). Such power is to be invoked by the Chief Justice on the recommendation of an Hon’ble Judge or a learned Bench of the Court on the basis of criteria laid down in Article 184(3) of the Constitution. The said majority judgment therefore disregards binding law laid down by a larger bench of the Court. SMC.No.04/2022 7 Any observation made in the said judgment, inter alia, for the fixation or otherwise of cases is to be disregarded. Accordingly, a circular be issued by the Registrar stating the forgoing legal position for the information of all concerned.” Accordingly, the Registrar of this Court issued a Circular dated 31.03.2023 with copies endorsed to all concerned. On perusal of the circular in question, we are of the view that the observations made by the HCJP are unexceptionable and simply rectify an unwarranted assumption of jurisdiction and intrusion into, and interference with, powers that the principles laid down in the case law place firmly in the hands of the Chief Justice alone. We accordingly affirm the observations of the HCJP as incorporated in the Circular and the directions issued therein. In view of the foregoing, the interim order dated 15.03.2023 (released on 29.03.2023) is recalled. 9. In view of the stance taken by the PM&DC in their report and as submitted by their learned counsel on instructions that the MBBS and BDS (Admissions, Examinations, House Job or Internship) Regulations, 2018 and amended in 2019 which allowed grant of 20 additional marks for Hafiz e Quran for admission in Medical and Dental Colleges are not in force and the current Regulations namely Medical and Dental Undergraduate Education (Admissions, Curriculum and Conduct) Regulations, 2021 do not grant any additional marks to students who are Hafiz e Quran, no SMC.No.04/2022 8 further proceedings in this suo motu case are required. The SMC is accordingly disposed of as having been infructuous. File may be consigned to the record. Judge Judge Judge Judge Judge Judge ISLAMABAD, THE 4th April, 2023 ZR/* Not Approved For Reporting

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IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction) Present: Mr. Justice Iftikhar Muhammad Chaudhry, CJ. Mr. Justice Ch. Ijaz Ahmed Mr. Justice Ghulam Rabbani SUO MOTU CASE NO. 5 OF 2010 (Action regarding huge loss to public exchequer by ignoring lowest bid of Fauji Foundation and Multinational Energy from Vitol by Awarding LNG Contract) On Court notice : Mr. Abdul Rauf Kalasra, Senior Correspondent, The News. For Ministry of Finance : Mr.M. Iqbal Awan, Addl. Secy Finance. For Cabinet Division : Mr. Muhammad Afzal, JS. For Fauji Foundation : Barrister Sajid Zahid, ASC. Mr. Arshad Ali Ch. AOR. Gen. (R) Hamid Rab Nawaz, MD. For Ministry of Petroleum : Mr. S.M. Zafar, Sr. ASC. Raja Abdul Ghafoor, AOR. Mr. Kamran Lashari, Secy Petroleum. For GDF Suez : Mr. Abdul Hafeez Pirzada, Sr. ASC. Mr. Sikandar Bashir Momand, ASC. Mr. M. S. Khattak, AOR. For SSGCL : Mr. Ali Zafar, ASC Syed Safdar Hussain, AOR. Mr.M.Naim Sharafat, Sr. Project Manager. For Mr. G.A. Sabri, : Mr. Anwar Mansoor Khan, Sr. ASC. Special Secretary Petroleum Mr. Umar Mehmood Qasuri, ASC. Ch. Muhammad Akram, AOR a/w Mr. G.A. Sabri, Special Secy. Dates of hearing : 14th, 21st to 23rd and 26th to 28th April, 2010. JUDGMENT. IFTIKHAR MUHAMMAD CHAUDHRY, CJ. – This Human Right case was initiated on news item appearing in daily newspaper ‘the News’ dated 28th March, 2010, of which note was put up by the Registrar of this Court and the same was treated as petition under Article 184(3) of the Constitution for the facts disclosed therein in respect of alleged massive Suo Moto Case No.5 of 2010 2 corruption in awarding contract of supply of LNG. Upon the office note, following order was passed:- “A perusal of the above note indicates that a huge loss has been caused to the public exchequer as a result whereof public at large has been deprived from this amount, which could be utilized for their welfare and, prima facie, such actions seem to be violation of fundamental rights, principle of transparency and equal opportunity. Therefore, this office note be treated as petition under Article 184(3) of the Constitution and be fixed before the Court tomorrow i.e. 2nd April, 2010. Notice be also issued to Mr. Rauf Klasra, reporter of ‘the News’ to appear and place on record the documents on the basis of which he has flashed this news item.” 2. In pursuance of above order Mr. Rauf Kalasra appeared and placed on record a copy of letter dated 10th February, 2010, issued by Mr. Shaukat Tarin, former Finance Minister to Mr. G.A. Sabri, Special Secretary, Ministry of Petroleum and Natural Resources; contents whereof read as under:- “Please refer to the captioned agenda item discussed at the ECC meeting of February 09, 2010. Today, I was contacted by the Managing Director of Fauji Foundation who enquired from me as to why their joint bid with VITOL was not entertained despite being the lowest. Given, that the VITOL/FAUJI proposal was not even presented, I could not give him a satisfactory answer. 2. Therefore, I would like you to advise me urgently as to why their offer was not considered by your Ministry and the evaluation committee. Thanks and regards. Sd/- (SHAUKAT TARIN)” Suo Moto Case No.5 of 2010 3 Mr. Rauf Kalasra stated that when he learnt about awarding of contract for supply of LNG, he probed into the matter and discovered that before awarding the contract to one of the foreign firm, the Ministry of Petroleum had, in principle, decided to give contract to Shell Gas & Power Co. and towards that end, the Minister for Petroleum was invited to Doha to witness signing of relevant documents in due course. He referred to a letter addressed to Mr. Naveed Qamar, Minister for Petroleum and Natural Resources, dated 4th February, 2010 by H.E. Abdulla Bin Hamad Al- Attiyah, Deputy Premier, Minister of Energy & Industry, State of Qatar. He explained that the Ministry of Petroleum, in order to provide the contract for supply of LNG to Shell Gas & Power, prepared a summary dated 8th February, 2010 and referred the matter to ECC, recommending the name of Shell Gas & Power and GDF Suez, leaving behind the FAUJI/VITOL, a Pakistan-based company, which was interested in Short Term LNG Supply project. The ECC, due to intervention of the Ministry of Petroleum, declined to approve the name of Shell Gas & Power for supply of LNG and recommended the name of GDF Suez. Mr. Kalasra stated that the proceedings for completion of the contract were not carried on in a transparent manner. 4. Mr. S.M. Zafar, Sr. ASC appeared on behalf of Federation of Pakistan, Mr. Abdul Hafeez Pirzada, Sr. ASC for GDF Suez, Mr. Ali Zafar, ASC for Sui Southern Gas Co. Ltd. (SSGCL), Barrister Sajid Zahid, ASC for Fauji Foundation and Mr. Anwar Mansoor Khan, Sr. ASC appeared on behalf of Mr. G.A. Sabri, Special Secretary, Ministry of Petroleum. 5. Initially, in order to comprehend the nature of this complex issue Mr. Naim Sharafat, Senior Project Director, SSGCL was heard in Suo Moto Case No.5 of 2010 4 detail, who explained his view point as follows:- “In February, 2005 Planning Commission presented an Energy Security Plan to the then President and the Prime Minister, wherein the gap between demand and supply of gas in the long term was projected containing gap coverage strategy. It was mentioned in the plan that there should be LNG Projects and pipelines for supply of gas from outside the country. It was proposed that Sui Southern Gas Co. Ltd. (SSGCL) should be made facilitator as the LNG was to reach at Karachi and the terminal was to be built there and then it will be the responsibility of the SSGCL to supply. The role of facilitator, as per LNG policy, was to move with the project and obtain the approval of Government of Pakistan, wherever it is identified and required. First of all, when the SSGCL was appointed as facilitator, it appointed a consultant on the project after due process; seven international and local consortiums applied for the same; one of them namely consortium of ABN Amro (local company) and Poten and Partner (from Australia) were selected; this consortium was of international repute. Board of Directors of SSGCL approved the process and granted permission for award of contract to them. The contract was awarded in October, 2005. After their appointment, they prepared a concept report in order to determine as to in what form this project would be suitable for Pakistan. (copy of the same shall be submitted). Since the international market demands the policy of the Government of Pakistan, therefore, Pakistan’s first LNG Policy was formulated which was approved by the Economic Coordination Committee (ECC) in April, 2006; thereafter, SSGCL initiated the Expression of Interest (EoI) process in terms of LNG Policy and an advertisement in this behalf, which was as per the LNG Policy, was made in International Dailies i.e. Khaleej Times and Financial Times London as well as in national dailies. In response to that advertisement, 53 companies applied for registration out of which after evaluation, 36 companies were supplied with a document called Expression of Interest, prepared by the consultant. Out of those 36 companies, only 14 companies provided their statement of qualification document /Pre- qualification, as per the EoI document. Out of these 14 companies, six companies applied for integrated projects (including construction and operation of the terminal as well as supply of Suo Moto Case No.5 of 2010 5 LNG and we will only purchase gas from them); second process was that one company will construct the terminal and the other will supply/bring the LNG); third process was only for supply; so the six companies were for integrated project, six for construction of terminal and two for only supply. Since the integrated projects suits us because we had no experience in LNG process being a different market world, therefore, we opted for integrated project and we placed the same before ECC, who approved the same in February, 2007. After that approval, we floated the tendered document i.e. Request for Proposal document to five companies as the sixth one (i.e. Fauji Foundation) who had applied for both the projects merged into one. Out of those five companies, three withdrew their proposal as at that time internationally the LNG market was very tight and supply was not available. So only two companies namely Shell Gas & Power and Consortium of Fore Gas, Fauji Foundation, Fotco and Soges submitted their bids. This bid was subject to two bid package system i.e. Technical and Commercial (after evaluation the price was to be considered). On receipt of bid, the Consortium reduced to three companies as the fourth one Soges withdrew from the same. Our consultant evaluated them and we made a presentation before the Ministry of Petroleum. Upon clearance from the Ministry of Petroleum, the proposal call was made to both the companies i.e. Shell and the Consortium of Foregas, Fauji and Fotco. In September, 2007, both of them submitted their price proposals, containing both the proposals i.e. land based terminals and floating terminals. Since the land based terminals require long time of about 5/6 years for construction and we had specifically mentioned in the tender that we need early supply possibility, as energy supply gap was being faced since 2005, therefore, the floating terminal option, offered by the Consortium of 4-Gas, Fauji Foundation and Fotco was accepted. However, in April, 2008 the Fauji Foundation and Fotco withdrew from the Consortium. So far, award is under process. We asked the 4-Gas whether it will continue on the project as on stand on basis, to which they replied that they take the responsibility and will continue on the project. After the price proposal, etc. as the market was very tight and no supply was available, some LNG projects also started in the private sector. For this reason, it was said by the LNG supplier (i.e. Qatar Petroleum, the largest supplier of LNG in the international market and the Foregas has to take Suo Moto Case No.5 of 2010 6 supply from it) that it will only deal with the Company having Letter of Exclusivity. Since there was no provision in the tender document for issuance of Letter of Exclusivity, therefore, Ministry of Petroleum after approval of ECC, issued Letter of Support not Letter of Exclusivity on 17th December, 2008, which was valid only for nine months, during which the Foregas had to identify the suppliers and those suppliers had to submit original documents showing their capacity to supply and the period of supply. On 26th August, 2009 these documents were supplied to us. After that Price Negotiation Committee (PNC) was constituted, who also negotiated the matter with Shell, GDF Suez, BP, Total, Woodside and Mitsubishi for supply. Ultimately, best offer was made by GDF Suez for the first six years. In July, 2009 fresh Expression of Interest was invited for short term supply of LNG on the direction of Minister for Petroleum. At that time Dr. Aasim was Incharge of the Ministry. Letter in this behalf was issued by the Director General Gas to issue Expression of Interest ad for supply of gas for short term i.e. five years. Upon receipt of bids, the same were sent to the Ministry of Petroleum with our reservations over it that it will complicate the situation and both the processes are to be dealt with separately and a clear line is to be drawn between both the processes. However, we received instructions to proceed as such we continued the process. In end of July, 2009, we received ten bids from different companies/consortium including Shell, Fauji Foundation/Vitol, Engro Exel, etc. in response to advertisement made in all local leading newspapers including Dawn, News, Jang, etc. Since it was not the Mashal Project and was short term LNG Project, therefore, we did not involve our Consultant. After general evaluation of these ten bids, we proposed to the Ministry of Petroleum that Shell Gas & Power is a company, which can supply LNG; secondly we proposed though Fauji/Vitol has offered the package for supply along with terminal, having capacity of 1 million ton of LNG but it is not involved in the LNG business, as evident from their web-site. Since Price Evaluation Committee was constituted in the meantime and it also considered Shell as it was included in the suppliers of Mashal project as well as in short term LNG project and Fauji/Vitol. These negotiations were only for supplies as it had already been decided that terminal would be of Foregas because it was installing both land based as well as floating terminals; although our main concern was land based Suo Moto Case No.5 of 2010 7 terminal but its cost was too high, which would result in high tariff of the gas so we preferred the floating terminal option; we asked to establish floating terminal for 5/6 years and then to convert it into land based terminal. Negotiations were made on price formula and volume of supply; the final result of the negotiations was sent to the Consultants for their opinion; on 22nd January, 2010 they opined that the offer of GDF Suez with regard to medium term supply is very attractive and if there is no other proposal like it, we should go by it (copy of that opinion shall be supplied). They also opined that in case of supply for 20 years, there will be greater risk; the supplier will not take such risk and put it in the price formula as well as we also cannot take risk, but for the supply of 5/6 years there is calculated risk therefore, the cost will be less. The final summary is made by the Ministry of Petroleum, however, we just submit the evaluation report as well as other documents along with our recommendations made in line with the recommendations of the Consultant. We are not involved in the preparation of summary. Since, in the instant case the summary was prepared on the basis of price negotiation and the Price Negotiation Committee, Chaired by Special Secretary, who had all the necessary documents with him, was involved in it and we just forwarded the opinion of our Consultant. So further process was completed by them without our involvement except the fact that I also remained as member of the Price Negotiation Committee after October, 2009. The main recommendation was of GDF Suez for six years as per the quoted price rate, whereafter GDF Suez was offering 1 million ton which could go up to 1.5 million ton per year. Fauji/Vitol had not made any separate offer for supply of LNG alone as their offer made in July, 2009 was for supply with terminal. The advertisement made in July, 2009 was for supply only whereas the Fauji/Vitol made offer for supply with terminal. It was not recommended as it was not in Mashal Project whereas this summary was for Mashal Project. Though they had made new offer for short term project but they had withdrawn from Mashal Project. Mashal Project is separate and short term LNG Project is separate. We have not considered the Fauji/Vitol in Mashal Project.” 6. Likewise, Mr. G.A. Sabri, Special Secretary Petroleum appeared with the permission of the Court and narrated the steps taken so Suo Moto Case No.5 of 2010 8 far in the LNG supply project. He also submitted his written reply along with all supportive documents, which are made part of the record of the case. 7. Mr. S.M. Zafar, Sr. ASC appearing on behalf of the Federation of Pakistan disowned the stand taken by the above two officers and argued the case on behalf of the Federation on its independent footing. Similarly Mr. Ali Zafar, ASC made his submissions on behalf of SSGCL. Mr. Abdul Hafeez Pirzada, Sr. ASC stated that the company being represented by him enjoys international recognition in the business of LNG and it could not involve itself in any sham-deal, if at all it had taken place, because being one of the interested companies to supply LNG in Pakistan it came forward and quoted its rates. As far as the procedure of finalizing the same is concerned, it has nothing to do with the same and it was for the Government of Pakistan to decide it. 8. We have heard the learned counsel for the Federation of Pakistan, SSGCL and for FAUJI/VITOL as well as Special Secretary, Ministry of Petroleum. From the facts narrated hereinabove, it is to be observed that as:-- a) In 2006 the LNG Policy was approved for the sustainable development of the energy sector including the provision of reliable and competitively-priced energy. b) In pursuance of above policy SSGCL was appointed as facilitator whereas RBS and Poten & Partners were appointed as consultant by the SSGCL to take forward the project. c) On 10th May, 2006, by making publications, applications were invited for Registration for Expression of Interest Process from the companies interested, for the purpose of following integrated project:- Suo Moto Case No.5 of 2010 9 a) Supply of regasified LNG to SSGCL, including LNG procurement, transportation, setting up LNG terminal and operating the same; b) LNG tolling terminal by construction, owning, operating and maintaining an LNG import terminal; c) Supply of LNG to SSGCL on a long-term, take- or-pay basis using customary international terms and conditions. d) In response to above, initially 53 companies got themselves registered and after short listing 14 companies were approved for issuance of Letter of Expression of Interest; out of them six got the said letter including the 4-Gas. e) 4-Gas was a consortium comprising of 4-Gas, FAUJI FOUNDATION, FOTCO, VITOL. f) It appears that except the Consortium of 4-Gas, no other company was declared qualified by the Consultant, ultimately. g) 4-Gas Consortium applied for Letter of Exclusivity in December, 2008 and the matter was placed before the ECC, who agreed upon issuance of such letter but Ministry of Petroleum issued Letter of Support to 4-Gas in December, 2008, contents whereof read as under:- “Sui Southern Gas Company Ltd (“SSGCL”) with the consent of the Ministry of Petroleum of the Government of Pakistan (“GOP”), is pleased to issue this Pre-Award letter to the 4-Gas consortium (the “Consortium) for the Pakistan Mashal LNG Project (“PMLP”) a project with a base load capacity of 3.5 mtpa to be located at the proposed Consortium site (“Site”) at Port Qasim near Karachi, Pakistan. The PMLP will supply, on a long- term (20-25 year) basis, approximately 500 MMSCFD of Regasified Liquefied Natural Gas (“RLNG”) to SSGCL at the agreed quality which is almost 50% of the country’s gas shortfall in 2010/11. The PMLP is to be developed on an integrated basis and as such the Consortium shall be responsible for LNG supply, marine transportation, unloading, storage and regasification at the terminal to be built and operated by the Consortium in Pakistan. Suo Moto Case No.5 of 2010 10 SSGCL, with the approval of GOP initiated a Request for Proposal (“RFP”) process in February 2007 and has no wreached a stage where project award decision can be made in favour of bidder meeting all or most of the RFP requirements and submitting suppliers documentation as confirmation of LNG volumes for PMLP. The Consortium has emerged from the PMLP RFP process, facilitated by SSGCL, as the bidder meeting most of the RFP requirements and is given exclusivity in progressing the Project further to a stage where project can be awarded and executed in accordance with the agreed contract structure, subject to providing evidence of LNG supply of PMLP. The PMLP is of national importance and the completion of this strategic infrastructure for Pakistan is considered by GOP to be of the top most priority. The LNG supply for Pakistan to be secured at international competitive LNG price. SSGCL further confirms that GOP will enter into an Implementation Agreement with the Consortium after project award. The Implementation Agreement will contain standard concessions and permissions and provide protection against political risks, as per GOP Policies and other Pakistan infrastructure projects. The Implementation Agreement will also provide guarantees for SSGCL’s RLNG cost (including LNG, freight, terminal and regasification charges) payment obligations under the proposed Gas (RLNG) Sale and Purchase Agreement. This letter is issued to confirm our intentions and to assist the Consortium to progress discussions with LNG suppliers and contractors for all aspects of the PMLP. The Consortium has permission to communicate the contents of this letter to LNG suppliers and EPC contractors. As a fundamental requirement, the PMLP will be developed to satisfy both Pakistan and international standards and codes of practice. On the basis this requirement is met, GOP will facilitate in obtaining approvals sought by the Consortium for the Site on a timely basis. On receipt of this letter, 4-Gas Consortium is required to coordinate with Port Authorities and finalize a date for presenting the site specific Qualitative Risk Assessment Study (QRA), Preliminary Risk Analysis (PRA) and results of Suo Moto Case No.5 of 2010 11 Navigational Simulation Study in order to start the PQA NOC process. Upon submission by the Consortium of satisfactory documentary evidence that a minimum LNG volume for PMLP has been secured and a NOC from the PQA for the terminal has been obtained, a formal and final PMLP award decision will be made after GOP approval. Upon issue of this letter, the Consortium, at its own cost and risk, will promptly demonstrate commitment to a FEED study and continue to submit available documentation to SSGCL/GOP as confirmation of progress towards securing LNG volumes for PMLP. The Consortium will be ready to award an EPC contract for the project within the validity of this letter and financial close as expediently as possible thereafter. It is expected that a Heads of Agreement for the minimum LNG supply will also be ready to be signed within the validity of this letter. The Consortium shall provide SSGCL/GOP with regular (fortnightly) progress reviews on all aspects of the PMLP. This letter is valid for 9 months from the date of issue, however, lack of progress on the Project may result in withdrawal of this letter at SSGCL’s sole discretion. Keeping in view the LNG supply and demand situation, this letter is seen as a critical step in proceeding further with the PMLP and towards securing long-term LNG volumes for Pakistan, being a new entrant in the LNG world.” h) In the meantime, vide another advertisement dated 18th July, 2009, SSGCL invited Expression of Interest for Short Term LNG Supply, contents whereof read as under:- “The Government of Pakistan (GOP) through the Ministry of Petroleum & Natural Resources, has been progressing the long term, base load, integrated “Pakistan Mashal LNG Project” with facilitation by Sui Southern Gas Company Ltd. In view of the acute shortage of natural gas in the country and consequent shortfall in electricity generation, GOP now wishes to separately secure readily available Liquefied Natural Gas (LNG) on short term basis (up to 5 years). Parties having access to LNG volumes for immediate delivery are requested to provide an either FOB or CIF basis, an “Expression of Interest” to the General Manager (Materials Management) on the address given below by 31 July, 2009.” Suo Moto Case No.5 of 2010 12 j) It seems that in response to above advertisement, 10 companies got registration including FAUJI/VITOL in this project and ultimately except FAUJI/VITOL, remaining companies were short listed. 9. It is alleged on behalf of the FAUJI/VITOL that they submitted their conditions of Short Term LNG Supply and Price Negotiating Committee (PNC) had been negotiating with them by convening number of meetings but surprisingly instead of recommending their name, the Ministry of Petroleum put up a summary on 9th February, 2010 to ECC for approving the Shell Gas & Power or GDF Suez to award contract of Mashal Project, therefore, on acquiring knowledge of this fact, they agitated the matter before the Minister for Petroleum. 10. A careful perusal of the above facts reveals that the Ministry of Petroleum and SSGCL had not followed the process for awarding contract for LNG Supply for Mashal or Short Term Project seriously and with high order of transparency as it is evident from the facts and circumstances narrated above. We also find from the documents made available that there is price slope averaging from 0.145 to 0.155, which need to be kept in view. Here we may observe that it is duty of the Court to ensure that the Public Procurement Regulatory Authority Ordinance, 2002 read with the Public Procurement Rules, 2004 are adhered to strictly to exhibit transparency. It is universally recognized principle that such type of transactions must be made in transparent manner for the satisfaction of the people, who are the virtual owners of the national exchequer, which is being invested in these projects. [Messrs Airport Support Services v. The Airport Manager, Quaid-e-Azam International Airport, Karachi (1998 SCMR 2268) and M/s Ramna Pipe and General Mills (Pvt) Ltd. v. M/s Sui Northern Gas Pipe Lines (Pvt) Ltd. (2004 SCMR 1274)]. Suo Moto Case No.5 of 2010 13 11. During the course of hearing, it was observed by the Court that since Letter of Support (LOS) dated 17th December, 2008 was issued by the SSGCL in favour of 4-Gas on the recommendations of ECC as no other developer was declared to be qualified by the Consultants of SSGCL, introducing Shell Gas & Power and GDF Suez at this stage seems to be not covered by the documents in pursuance whereof 4-Gas was declared qualified for Integrated Project; therefore, to achieve the transparency, openness, fairness and justness in awarding contract, the Ministry of Petroleum ultimately has to commence the proceedings of awarding of the contract from the stage where it was left, when instead of approving the name of 4-Gas for Mashal Project and the name of FAUJI/VITOL for short term LNG supply were not mentioned in the summary submitted to ECC and the names of Shell Gas & Power and GDF Suez were recommended. Upon this, the learned counsel requested for time to seek instructions from the concerned authority. As such on 27th April, 2010, following order was passed:- “Learned counsel appearing for the parties have stated that this case may be adjourned enabling the learned counsel appearing for the Federation of Pakistan to seek instructions from the Prime Minister of Pakistan on the following lines:- a) In view of the importance of the matter, put up before the Court in pursuance of news clipping dated 29th March, 2010, appearing in “the News” and on hearing the observations of the Court during the course of hearing, would it be possible to direct the Ministry of Petroleum to put up a fresh summary through a responsible officer before Economic Coordination Committee (ECC) for considering the case of 4-Gas for Mashal Pakistan Project and on the basis of the same, fresh decision shall be taken Suo Moto Case No.5 of 2010 14 for awarding the contract for supply of LNG to 4-Gas, declared qualified by the Consultant of SSGCL. b) As simultaneously Short Term LNG Supply Project is also under consideration in which Fauji/Vitol are the lowest bidders; their cases shall also be considered by the ECC, beside the case of Mashal to take decision thereon independently. c) Earlier decision of the ECC, agreeing to award the contract of LNG supply to any firm/company/party would not give right to any of such firm/company/party to make claim in this behalf and the same shall be of no consequence. Request is allowed. Adjourned for tomorrow i.e. 28th April, 2010.” 12. It is to be noted that on the even date Mr. Kamran Lashari, incumbent Secretary Petroleum contended that in view of the observations of the Court, made during the course of hearing, Government was ready to place fresh summary to the ECC by commencing the proceedings, wherefrom the same were left. 13. Today, the Ministry of Petroleum, Government of Pakistan, through Mr. S.M. Zafar, Sr. ASC has come forward with the following statement and has requested to dispose of the matter in terms thereof:- “STATEMENT ON BEHALF OF GOVERNMENT OF PAKSITAN, MINISTRY OF PETROLEUM, ISLAMABAD. That without prejudice to its stand taken in Court the Government confirms that it shall 1. Put up a summary relating to the Mashal Pakistan Project before the Economic Coordination Committee (ECC) for a fresh decision for awarding the contract for supply of LNG to 4-Gas, the Developer declared qualified by the Consultant SSGCL. 2. Simultaneously put up a summary relating to the Fauji/Vitol proposal against advertisement for Expression of Interest dated 18 July 2009 for consideration and decision independently and separately from the case of Mashal. Suo Moto Case No.5 of 2010 15 3. As a consequence of 1 above, the ECC decision dated 9th February 2010 to award the contract of supply to any person would not give any right to such person to make any claim in this behalf and shall be of no consequence. Sd/- Kamran Lashari Secretary Petroleum. Dated 28.04.2010.” Learned counsel also stated that the above stand of the Federation is with the concurrence of Worthy Prime Minister of Pakistan. Copy of the above statement was handed over to Mr. Abdul Hafeez Pirzada, Sr. ASC, Mr. Anwar Mansoor Khan, Sr. ASC, Mr. Ali Zafar, ASC Barrister Sajid Zahid, ASC and Mr. Rauf Kalasara on which they have expressed their satisfaction on the above statement and desired for decision of the petition in terms thereof. 14. Thus in view of statement made by the Federal Government, reproduced above, this petition is disposed of accordingly, with the hope that now the matter shall be considered in a highly transparent manner, both for Mashal Pakistan and Short Term LNG Supply Projects. No order as to costs. 15. Mr. Abdul Hafeez Pirzada, Sr. ASC states that GDF Suez is not involved in any manner in deal causing loss to the nation of Pakistan yet on appearing of the news item and initiation of instant proceedings thereon, has caused damage to its goodwill, therefore, appropriate order protecting its position be passed in this behalf. Mr. Rauf Kalasra, Senior Correspondent, daily newspaper ‘The News ’, however, reaffirms the stand taken by him in the news item. Be that as it may, as determination on merits has not been made by this Court to declare the involvement of GDF Suez, no order/observation is required to be passed in this behalf. Suo Moto Case No.5 of 2010 16 16. In view of illegalities, irregularities, omissions and commissions, noted in instant case, we are constrained to make observation that the officers/functionaries responsible for the same are required to be dealt with in accordance with law and we hope that Chief Executive/Prime Minister of Pakistan shall probe into the matter accordingly. Mr. Kamran Lashari, Secretary Petroleum has stated that as now he is Secretary, he would deal with the matter himself and Mr. G.A. Sabri, Special Secretary Petroleum shall not be associated with it. Before parting with the judgment, we would like to place on record our thanks to Mr. Rauf Kalasra, Mr. S.M. Zafar, Sr. ASC, Mr. Abdul Hafeez Pirzada, Sr. ASC, Mr. Anwar Mansoor Khan, Sr. ASC, Mr. Ali Zafar, ASC and Barrister Sajid Zahid, ASC for providing valuable assistance in disposal of this matter. CJ. J. J. Islamabad, 28.04.2010. Irshad /* APPROVED FOR REPORTING.

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{'id': 'S.M.C.5_2010.pdf', 'url': ''}

IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction) Present: Mr. Justice Iftikhar Muhammad Chaudhry, HCJ Mr. Justice Jawwad S. Khawaja Mr. Justice Khilji Arif Hussain Suo Motu Case No.5 of 2012 (Suo Motu Action regarding allegation of business deal between Malik Riaz Hussain and Dr. Arsalan Iftikhar attempting to influence the judicial process On Court Notice: Mr. Irfan Qadir, Attorney General for Pakistan Mr. Bani Amin Khan, IGP, Islamabad For Dr. Arsalan Iftikhar: Sardar M. Ishaq Khan, Sr. ASC With Dr. Arsalan Iftikhar For Malik Riaz Hussain: Mr. Zahid Hussain Bokhari, ASC For Compnay Secy. Bahria Town: Mr. Arshad Ali Chaudhry, AOR For GEO TV. Mir Ibrahim Rehman, CE, GEO Mr. Kamran Khan, Sr. Anchor, GEO Mr. Hamid Mir, Sr. Anchor, GEO Date of Hearing : 07.06.2012 ORDER In response to notice Mr. Kamran Khan and Shaheen Sehbai have filed written statements and extracts of the interview and their view point in respect of the instant case. We may note that being believers and faithful to the Almighty Allah and the Holy Prophet Hazrat Muhammad (PBUH) in the presence of Quranic injunctions (4.135) where it is strongly held that we should stand firmly for justice even against ourselves or our kin etc. There are glorious examples in the Islamic history that whenever there was a call to administer justice there had been no distinction between the nearest one and the general public. In as much as during the days of Khulafa-e-Rashideen sentences were invoked on the direction of father to his son because it is the conscious of a person who believes in the Almighty Allah that he is performing his duties to administer justice without any fear or favour and there are also judgments, (precedented law) which leave it for a Judge to decide on a Bench to hear a case or not. Undoubtedly, the superior judiciary in this country is also guided by the code of conduct of the Judges and they are bound to follow the same. In the instant case, on having taken notice of a campaign against the Chief Justice of the country and his family and the judiciary, the Registrar of this Court requested to take some action as such proceedings in terms of Article 184(3) of the Constitution were drawn. Preliminary hearings were conducted to procure the attendance of Dr. Arsalan Iftikhar and Malik Riaz Hussain. Dr. Arsalan is present alongwith his counsel. Malik Riaz Hussain, despite notice, did not turn up. Mr. Zahid Hussain Bokhari, learned counsel has appeared and stated that he has been engaged as counsel by Malik Riaz Hussain and he will file power of attorney on his behalf as his client is in U.K. in connection with medical treatment. The learned Attorney General is also available to assist the Court and in due course of hearing attendance of the same and other responsible officers/officials of the Bahria Town, whose names have been mentioned in the order of 6th June, 2012 have also been procured. Having gone of these proceedings and taking into consideration arguments so put forth by the learned Attorney General and also considering the Islamic Injunctions the hearing of this case shall continue by this Bench minus one of us (Iftikhar Muhammad Chaudhry, CJ) and the case shall be fixed before the said Bench after the conclusion of regular hearing listed before us today. Chief Justice Judge Judge ISLAMABAD 07.06.2012 M. Azhar Malik

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{'id': 'S.M.C.5_2012.pdf', 'url': ''}

IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction) PRESENT: MR. JUSTICE MIAN SAQIB NISAR, HCJ MR. JUSTICE UMAR ATA BANDIAL MR. JUSTICE IJAZ UL AHSAN SUO MOTU CASE NO. 5 OF 2018 REGARDING PAYMENT OF OUTSTANDING SALARIES TO REPORTERS/WORKERS OF PRINT AND ELECTRONIC MEDIA. In attendance: Rose TV Sahibzada Ahmed Raza Qasuri, Sr. ASC Channel -7 Mr. Naeem Bukhari, ASC. Express TV & Daily Express Mr. Tariq Aziz, AOR. Capital TV Mr. Faisal Hussain, ASC Daily Times and Daily TV Mr. Ali Masood Hayat, ASC. Sachal TV (in CMA 2362/18) Barrister Masroor Shah, ASC Channel-5 Ms. Shaista Altaf, ASC. Mr. Zia Shahid (CMA 2320/2018) Qazi Sheryar Iqbal, ASC. (CMA 2188/2018) Mr. Qausain Faisal Mufti, ASC. Bol TV Mr. Sami Ibrahim, Director News Kashish TV Mr. Abdul Jabbar, Regional Manger Daily Jinnah Mr. Shamshad Ahmed, Chief Editor Rose Channel Mr. Inayatullah Khan, G.M. Mr. Raza Abid Mustafa, Chief Reporter Nawa-i-Waqt group For SC Reporters Association Mr. Matiullah Jan Tayyab Baloch, Reporter Geo TV HRC No.8468-P/2018 (on Court’s call) Mr. Salar Janjua, Director HR Syed Afaq Zaidi Mr. Waqar Ahmed Rana, Addl. AGP Sardar Ahmad Nawaz Sukhera, Secretary Information Date of Hearing: 04.04.2018 ORDER Pursuant to our order directing Media houses to provide information about unpaid salaries of their employees, the following information has been provided: - SMC 5/2018 -: 2 :- 2. Channel-7: Learned counsel representing Channel-7 concedes that payment of salaries for some months were overdue to the employees. However, he categorically states that now those have been paid. No employee came forward to contradict the above assertion. Therefore, proceedings against Channel-7 are dropped. However, it is directed that in case the salary of any of its employee is still outstanding, the same must be paid within a period of 15 days. 3. Rose TV: Learned counsel representing Rose TV states that no salary of any of its employees is outstanding. This fact is also affirmed by Mr. Raza Abid Mustafa, Chief Reporter Rose TV and not contested by any of the persons present in Court. Therefore, proceedings against Rose TV are also dropped. However, it is directed that in case the salary of any of its employee is still outstanding, the same must be paid within a period of 15 days. 4. Capital TV: Learned counsel representing Capital TV states that there are 315 employees working in the channel and salaries to all the employees have been paid till the month of January, 2018. However, salaries for the months of February and March, 2018 shall be paid till 30.04.2018. Let all salaries due be paid by 30.04.2018 without fail and a certificate in this regard along with an affidavit of the owner of the said TV channel be placed on record confirming that all salaries due to its employees have been paid. Accordingly, proceedings against Capital TV are dropped. 5. Channel-5: Learned counsel representing Channel-5 states that salaries have been paid to all the employees and there is no outstanding salary of any employee. However, Syed Afaq Zaidi has filed a complaint (H.R.C. No.8468-P/2018) stating therein that he SMC 5/2018 -: 3 :- is an ex-employee of the said TV channel and has not been paid his dues. Let him provide details of his dues to Mr. Zia Shahid. He undertakes that he will look into the matter and redress the grievance of the applicant. He shall also apprise the Court in this regard. Therefore, proceedings against Channel-7 are dropped. 6. Daily Jinnah: Mr. Shamshad Ahmed, Chief Editor Daily Jinnah has appeared and stated that all salaries of its employees have been paid till March, 2018 and nothing is outstanding. Further, that salaries are paid to employees on 10th of each month (i.e. the salary of the month of April shall be paid on 10.05.2018). This statement is not controverted by any person present in Court. Proceedings against Daily Jinnah are accordingly dropped. 7. Sachal TV: Learned counsel representing Sachal TV states that no salary of any of its employees is outstanding. This is not contested by any person present in Court. Therefore, proceedings against Sachal TV are also dropped. 8. Express TV & Daily Express: Learned counsel representing Express TV channel and Daily Express newspaper states that no salary of any employee is outstanding against the TV channel or the newspaper. This version is not contested by any person present in Court. Therefore, proceedings against Express TV and Daily Express are also dropped. 9. Daily Times and Times TV: Learned counsel representing Daily Times TV and newspaper states that all outstanding salaries of employees shall be cleared by 30.04.2018 except those with whom there is some litigation pending before the Courts. On the basis of the undertaking given above, it is directed that excluding the employees who have gone to the Courts in SMC 5/2018 -: 4 :- litigation for recovery of their dues, salaries of all other employees must be paid by 30.04.2018 without fail. A certificate along with affidavit of the owner of the said channel and newspaper shall be placed on record stating that all salaries due to the employees have been paid. Accordingly, proceedings against Daily Times TV and newspaper are dropped. 10. Daily Nawa-e-Waqt and Waqt TV: There is a complaint about non-payment of salaries by Nawa-e-Waqt group made by Mr. Matiullah Jan. None is present to represent the administration of the said group despite notice to them. We direct the Chief Executive of the Group to ensure that all outstanding salaries of employees shall be cleared by 30.04.2018 without fail. A certificate in this regard along with affidavit of the owner shall be placed on the record confirming that all salaries due to employees have been paid. Accordingly, proceedings against Daily Nawa-e- Waqt TV and newspaper are also dropped. 11. News One TV: There are complaints by the employee of the said TV channel regarding the non-payment of their salaries. None is present to represent the administration of the channel, despite notice. However, we direct that outstanding salaries of all employees must be cleared by 30.04.2018 without fail. A certificate in this regard along with affidavit of the owner of the said TV channel be placed on record confirming that all salaries due to employees have been paid. Accordingly, proceedings against News One TV are dropped. 12. Kashish TV: The representative of the Kashish TV states that no salary of any employee is outstanding against the said channel and all dues have been cleared till 31.03.2018. This SMC 5/2018 -: 5 :- is also not contested by any person present in Court. Therefore, proceedings against Kashish TV are also dropped. 13. Geo TV: It has been complained to us in open Court that salaries of the employees of GEO TV channel have not been paid for the last few months. We have summoned Mr. Salar Janjua, Director HR who in unequivocal terms has accepted that some of the employees have not been paid salaries for a few months. Be that as it may, to receive a salary for the job done by a person is his fundamental right guaranteed by Article 9 of the Constitution of the Islamic Republic of Pakistan, 1973. Thus, the Chief Executive/owners of GEO TV channel are directed to clear all dues/salaries of their employees by 30.4.2018 without fail. A certificate confirming payment to all employees of their dues accompanied by an affidavit of the C.E.O. to that effect shall also be filed by the next date of hearing. 14. PTV: Learned counsel representing Mr. Tanvir Iqbal (in CMA 2320/2018) states that his client has conducted more than 128 programs on Current Affairs but he has not been paid from April, 2016. Sardar Ahmad Nawaz Sukhera, Secretary Information and MD of PTV on additional charge, present in Court shall look into the matter and redress the grievance of the applicant. 15. Bol TV: Mr. Qausain Faisal Mufti, learned ASC (in C.M.A. 2188/2018) states that salaries of 192 employees are outstanding against Bol TV from September, 2015 which are collectively worth more than rupees 35 crores. Most of them have resigned from Bol TV. Some of them have joined other channels, others are jobless. Let Mr. Sami Ibrahim, Director News Bol TV apprise this Court by tomorrow about the outstanding salaries of the employee of Bol TV. The learned Additional Attorney General SMC 5/2018 -: 6 :- shall also apprise the Court about the appropriate forum for redressal of the grievance of such employees. 16. We, however, direct that all TV Channels and newspapers who are not represented today shall clear salaries of their employees by April 30, 2018. It may be noted that no employee of any other print or electronic media (company/group) has come forward to complain about non-payment of his or her salary. Therefore, we drop the proceedings against all other TV channels as well as newspapers. 17. We had taken notice of government advertisements appearing in the print media carrying pictures of public office holders, to determine if public money was being misused for self projection and personal aggrandizement. During the course of hearing of this matter various other issues cropped up. We therefore divided the main issue of media advertisements into three separate heads to be dealt with separately. These were:- i) guidelines for content regulation and discouragement of personal projection and self aggrandizement of public and political figures; ii) a just, fair and equitable system of distribution of government advertisements in the print and electronic media amongst different stakeholders, including media houses and advertisement companies; and iii) putting in place a system of payment by the Government and its Departments/Corporations, etc within a reasonable time so that huge amounts of money owed by the Government to media outlets whether print or electronic do not get stuck over long periods of time causing hardships for media companies and their workers. 18. Mr. Munir A Malik, learned Sr.ASC was directed by us to submit proposed Guidelines for Content Regulation of SMC 5/2018 -: 7 :- Government Advertisement in Print and Electronic Media. These Guidelines have been prepared in consultation with all major stakeholders of the Electronic & Print Media and with the consent and approval of All Pakistan Newspapers Society (APNS) and Council of Pakistan Newspapers Editors (CPNE). 19. We have also heard Mr. Hussain Haroon; Sardar Khan Niazi; Mr. Faisal Hussain, ASC; Mr. Zia Shahid as well as Sardar Ahmed Nawaz Sukhera, Secretary Information and Ms. Asma Hamid, Additional Advocate General, Punjab in the matter. All concerned have in unison approved and accepted the proposed Guidelines which are being incorporated and made part of this order in toto as follows:- “PROPOSED GUIDELINES FOR CONTENT REGULATION OF GOVERNMENT ADVERTISEMENTS IN PRINT AND ELECTRONIC MEDIA 1. Guiding principles for dissemination of information 1.1 Constitutional freedom of speech and right to information guaranteed under Articles 19 and 19A of the Constitution include freedom of press. The executive ought not use its discretionary authority in a manner aimed at encouraging censorship or influencing editorial policy of media outlets in favour of the political party in power. 2. Definitions of Classified Advertisement and Government Advertisement 2.1 Classified Advertisements include public notices, tenders, recruitment notices and statutory notifications etc. 2.2 Government advertisements include dissemination of information to members of the public about a government program, policy or initiative, or about any public health, safety or other matter, that is funded by or on behalf of a government, government agency or statutory body, but does not include classified advertisements. 3. Scope and Object of the Guidelines for Government Advertisements 3.1 There shall be no arbitrary use of public funds for Government advertisements aimed at projecting political SMC 5/2018 -: 8 :- leaders, political parties, partisan agendas or governments without any attendant public purpose. 4. Purpose of Government Advertising 4.1 The following includes categories of permissible Government Advertisements. i. To inform citizens about their rights, obligations, entitlements and responsibilities, about government policies, programmes, services or initiatives. ii. To inform citizens regarding the policies, programs, services, initiatives and decisions of the Government in compliance with the principles of parliamentary democracy and responsible governance. The public has a right to such information. iii. To encourage public involvement in government decision- making. iv. To educate and inform the public about community interests and dangers or risks to public health, safety or the environment etc. v. To use publicity to encourage behaviour that is in the public interest (for example crime prevention or road safety etc.) vi. To achieve public policy goals. vii. To provide information regarding the performance of the Government, including information regarding milestones achieved and new projects and public interest programs, thereby facilitating public accountability. viii. To ensure that institutions of the Government are visible, accessible and accountable to the public they serve. ix. To communicate and explain changes in the law that affect individuals or businesses. x. To commemorate national heroes not linked to a political party. 5. Content Regulation 5.1 Prohibitions: The following forms of Government Advertisements shall be prohibited: i. Including material that gives prominence to the voice or image of the head of an institution or individual, including, SMC 5/2018 -: 9 :- inter alia, a past or incumbent Prime Minister, Chief Minister, Minister, member of Parliament or candidate for an election to Parliament or portraying or promoting the said public office holder in a manner regarded as excessive or gratuitous, except in a limited case of Government Advertisements involving a public awareness campaigns in pursuit of legitimate state purpose where such voice or image is essential to such information, message or campaign. ii. Seeking to influence public support for an electoral candidate for election to Parliament or a Provincial Assembly or local body. iii. Including material with the name, logo or slogan of a political party. iv. Including links to the websites of a political party, a candidate for election to Parliament, Provincial Assembly or local body. v. Disparaging, ridiculing, attacking the opposition parties, political party leaders, state institutions or the government of a federating unit. 6. Government Advertisement during the election period: 6.1 Government Advertisements shall exclude the category of advertisements referred to in Clause 4.1(vii) above during the election period until the new government is formed after the notification of election results. For purposes of determining the election period reference is made to following provisions of the Election Act, 2017: “180. Regulation of publicity.—(1) No political party shall run a publicity campaign in print and electronic media at the cost of public exchequer.” “181. Prohibition of announcement of development schemes.—No Government functionary or elected representative including a local government functionary or elected representative, shall announce any development scheme for a constituency after the announcement of the Election Programme of that constituency.” 20. Ms. Asma Hamid, learned Additional Advocate General, Punjab has pointed out that the Government of Punjab through its Information Department has discussed and deliberated upon the above proposed Guidelines and may wish to suggest some improvements and additions in the same. We are of the view that the proposed Guidelines in their present form constitute the SMC 5/2018 -: 10 :- basic theme and foundation for content regulation of government advertisements in Print and Electronic Media considering the fact that a balance has to be stuck between freedom of speech, right to information, freedom of press and discouragement of expending public funds on personal projection and aggrandizement of individuals holding public offices. However, there is bar on any of the parties against suggesting improvements and additions which may be brought to the notice of this Court through appropriate applications. If and when such applications are moved, the additions and improvements suggested therein shall be debated, deliberated upon and in case found suitable shall be added to the existing Guidelines by this Court. 21. The first issue stands addressed in the form of above proposed Guidelines which have been adopted with consent of concerned parties including the Government as well as the Media Houses. It is therefore directed that all stakeholders shall strictly and faithfully comply with, abide by and follow the said Guidelines in letter and spirit. It is also reiterated that the Government advertisements which include material that gives prominence to the holders of public offices or heads of institutions or individuals including inter alia “past or incumbent Prime Minister, Chief Ministers, Ministers, Members of Parliament or candidates for election to the Parliament or portraying or promoting the said public office holders in a manner regarded as excessive or gratuitous shall be strictly prohibited and shall not be carried by any newspaper, television channel, radio broadcast, etc if it is paid for by the Government and public funds are expended for the same. It is, however, clarified that there shall be no prohibition in the case of government advertisements involving public awareness, campaigns in pursuit of legitimate State purposes, classified SMC 5/2018 -: 11 :- advertisements and government advertisements as defined and explained in the guidelines reproduced above. 22. As far as the second and third issues are concerned, the parties shall furnish their proposals and input in writing which shall be taken up at a subsequent stage. In this regard, notice shall also be issued to the Pakistan Advertisers Association for the next date of hearing, who may provide their input in the matter involving the second and third issues enumerated above. Let this matter be relisted for hearing on 07.05.2018. CHIEF JUSTICE JUDGE JUDGE ISLAMABAD. 4th April, 2018. Not approved for reporting Mudassar/

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IN THE SUPREME COURT OF PAKISTAN (ORIGINAL JURISDICTION) PRESENT: MR. JUSTICE TASSADUQ HUSSAIN JILLANI, HCJ MR. JUSTICE KHILJI ARIF HUSSAIN MR. JUSTICE SH. AZMAT SAEED S.M.C. NO. 06 OF 2014 (Suo moto action regarding rape victim sets herself ablaze after accused freed on bail) In Attendance: Mr. Mustafa Ramday, Acting Advocate General, Punjab Dr. Muhammad Abid Khan, DPO, D.G. Khan / additional charge of Muzaffargarh Mr. Ahmed Raza Gillani, Addl. P.G. Mst. Nizam Mai and Ghulam Farid, parents of the deceased Amna Date of Hearing: 02.04.2014 ORDER Learned Acting Advocate General, Punjab, submits that the investigation is in progress in terms of the previous order of this Court and the same would be finalized soon after the receipt of the report from the Punjab Forensic Science Laboratory, Lahore. Requests for two weeks time. 2. At this stage, the mother of Mst. Amna deceased and her father namely Mst. Nizam Mai and Ghulam Farid have appeared to submit that since certain police officials are involved in the affair which led her daughter to set herself ablaze, they feel insecure in the area. They further submitted that all the police officials who tried to protect the accused should also be brought to justice and they be provided State protection. 3. Confronted with the above grievance of the parents of Mst. Amna deceased, learned Acting Advocate General, Punjab, Mr. Mustafa Ramday submitted that he will get in touch with District S.M.C. NO. 06 OF 2014 2 Police Officer, Muzaffargarh to ensure that all the accused are brought to justice and that the parents of Mst. Amna and their family is provided protection as and when needed. Learned Law Officer submits that the police officer who earlier on was accused of partisan investigation is behind the bars and the DSP who verified and confirmed the report of innocence of the accused is also nominated in the second case registered vide FIR No. 31/2014 dated 15.3.2014 at Police Station Bait Mir Hazar under Sections 201/322 PPC read with Section 7 of the Anti Terrorism Act and Section 5-C of Police Order, 2002 but he is on pre-arrest bail. Assures that the family would be extended full protection. To come up on 21.4.2014 at Lahore, on the availability of Bench. The I.G. Punjab shall ensure that the final report of the investigation is submitted by or before the said date. CHIEF JUSTICE JUDGE JUDGE Islamabad, the 2nd of April, 2014 Not Approved For Reporting Khurram

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IN THE SUPREME COURT OF PAKISTAN (Appellate Jurisdiction) Present: Mr. Justice Mushir Alam Mr. Justice Qazi Faez Isa S.M.C.7 of 2017 and C.M.As. 8732 and 8803 of 2017 in S.M.C.7 of 2017 Suo Moto Action Regarding Islamabad -Rawalpindi Sit-in (Dharna) Case (S.M.C.7/2017) Impleadment Application by S. Iftikhar Gillani (C.M.A.8732/2017 S.M.C.7/2017) Impleadment Application by Siraj Ahmed and others (C.M.A.8803/2017 S.M.C.7/2017) For Federation: Mr. Ashtar Ausaf, Attorney General for Pakistan For Islamabad: Mian Abdur Rauf, AG, Islamabad. For Govt of Punjab: Mr. Razzaq A. Mirza, Addl. AG Pb. For M/o Defence: Lt. Cdr. Shafiq ur Rehman, Dy. Director (Legal) For PEMRA: Hafiz S. A Rehman, Sr.ASC Ms. Amna Nasir, Head (Legal) Mr. Sardar Irfan, DG PEMRA In CMA 8732 of 2017: Syed Iftikhar Hussain Gillani, Sr.ASC In CMA 8803 of 2017: Nemo Date of Hearing: 03.01.2018 ORDER Mushir Alam, J: C.M.As. 8732 and 8803 of 2017 The Civil Misc. Applications No.8732 and 8803 of 2017 seek impleadment as a party in this Suo Moto Case No.7 of 2017. This Court has already taken notice of the matter and adding parties may encourage uncalled for further applications that may detract from the issue in hand, accordingly, both these application are dismissed. It may however be noted that the learned Attorney General for Pakistan has undertaken to look into the grievance of Syed Iftikhar Hussain Gillani, S.M.C.7 of 2017 and C.M.As. 8732 and 8803 of 2017 in S.M.C.7 of 2017 2 learned Sr. ASC as mentioned in his application (CMA 8732 of 2017) which pertains to the right of way under the Constitution and to access this Court. 2. PEMRA has filed a report with loads of documents, we may observe that such report is not in compliance with the order of this Court dated 30.11.2017. The report called for was required to be confined to the matter in issue. The report filed is self laudatory and refers to action taken by PEMRA against various media houses in respect of other matters. We were dismayed by the assistance rendered by Ms. Amna Nasir, Head (Legal) and Sardar Irfan, DG, PEMRA on behalf of the PEMRA, they, however, apologized for the inconvenience caused to the Court sought to withdraw CMA No.26 of 2018, which is allowed to be withdrawn. Let the fresh concise statement confining to the matter in issue be filed within ten days with advance copy to the learned Attorney General for Pakistan who may assist the Court, as to the manner in which PEMRA, is required to act and perform its duties in accordance with law and whether it did so in this matter. 3. The representatives of PEMRA stated that the office of Chairman, PEMRA is vacant. It may be observed that under the law absence of any member of the authority does not make the authority non-functional. The legal department and other departments continue their working and independently assist the authority, therefore, such plea is not accepted. 4. Lt. Cdr. Shafiq ur Rehman, Deputy Director Ministry of Defence (an officer of BPS-18) is in attendance and states that the Inter Services Intelligence (ISI) is under the control of Ministry of Defence and Intelligence Bureau (IB) is under the domain and control of the Ministry of Interior. He however was not able to respond to the matters raised in S.M.C.7 of 2017 and C.M.As. 8732 and 8803 of 2017 in S.M.C.7 of 2017 3 the orders passed by this Court nor did ISI file any report in this regard. The learned Attorney General is also not satisfied with such representation and concedes that in a matter of such sensitivity and importance senior officers of not less than Secretary grade and who are fully conversant with the matter in issue and in a position to answer questions with full responsibility should appear and assist the Court to arrive at a just conclusion, accordingly, we so direct. 5. The learned Attorney General for Pakistan states that in view of the importance of this case he may be briefed by ISI himself and if satisfied that the matter in issue as divulged by the agency concerned cannot be disclosed in open Court he may request for in-camera briefing, but will only make this request if necessary and not otherwise as it may sensationalize the issue. ISI should submit fresh report within a fortnight which shall comprehensively attend to all matters which they were required to in previous orders. ISI shall also mention whether the organization/s and their leadership, which had taken the law into their own hands and paralyzed the twin cities, are under surveillance and whether their antecedents have been determined. In this regard we expect that comprehensive information should be provided. In addition the Court be informed whether ISI monitors extremist organizations/ persons and those who jeopardize the functioning of the State. ISI should also report on whether the social media presence of those spewing hatred/extremism and attacking the State is monitored and what, if any, steps taken to contain them. 6. The learned Attorney General shall also assist the Court as to the authority that monitors, and may regulate/control, social media (such as Youtube, Facebook and Twitter) as it is noted that extremism and/or terrorism is being advocated thereon and is freely circulated on social media unchecked; and if it remains unchecked it may well become S.M.C.7 of 2017 and C.M.As. 8732 and 8803 of 2017 in S.M.C.7 of 2017 4 impossible to control, with grave consequences. In addition we be informed whether those who are violating the Constitution and laws of Pakistan on social media are prosecuted. 7. We appreciate the concern expressed by senior counsel Syed Iftikhar Hussain Gillani who was deeply saddened by the manner in which the situation was handled by the State functionaries. We also appreciate his offer of assistance as and when required in the matter. 8. Report of loss and damaged caused to the public and private property, persons and members of law enforcing agencies have been filed, however, deaths caused on account of inability to reach hospitals, etc. has not been mentioned, which should also be submitted before the next date of hearing. 9. A report disclosing the cost, incurred by the State on the dharna, which needless to state is borne by the public exchequer, must also be submitted, including the cost incurred in treating the injured and the compensation, if any, paid with regard to destruction/damage to property and on account of injuries/deaths. 10. The learned Attorney General states that he will be out of Pakistan on official duty and will not be available before 19th January, 2018. 11. Re-list in the first week of February, 2018. As we have been hearing this matter on a number of dates it would be appropriate to treat it as part-heard. Judge Judge ISLAMABAD, THE 3rd of January, 2018 arshed

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IN THE SUPREME COURT OF PAKISTAN (Appellate/Original Jurisdiction) PRESENT: MR. JUSTICE MIAN SAQIB NISAR, HCJ MR. JUSTICE GULZAR AHMED MR. JUSTICE SH. AZMAT SAEED MR. JUSTICE MUSHIR ALAM MR. JUSTICE UMAR ATA BANDIAL MR. JUSTICE IJAZ UL AHSAN MR. JUSTICE MAZHAR ALAM KHAN MIANKHEL SUO MOTU CASE NO.8 OF 2018 AND CIVIL MISC. APPLICATION NO.649-L OF 2018 IN SUO MOTU CASE NO.8 OF 2018 S.M.C.8/2018: Regarding dual nationality of Parliamentarians C.M.A.649-L/2018: Impleadment application by Shahzad Ali Khan In attendance: Syed Nayyar Abbas Rizvi, Addl. A.G.P. a/w Barrister Minaal Tariq Syed Ali Zafar, ASC (For Mr. Haroon Akhtar) Mr. Aleem Baig Chughtai, ASC (For Mrs. Nuzhat Sadiq) Mr. Hamid Khan, Sr. ASC Mr. Rashid Hanif, ASC (For Ch. Muhammad Sarwar) Mr. Ahmer Bilal Soofi, ASC (For Ms. Saadia Abbasi) Sardar M. Latif Khan Khosa, Sr. ASC (In C.M.A.649-L/2018) Mr. Bilal Hassan Minto, ASC (Amicus Curiae) Mr. Muhammad Arshad, D.G. (Law) (For ECP) Date of hearing: 17.10.2018 SMC No.8/2018, etc. 2 JUDGMENT SH. AZMAT SAEED, J.- During the course of hearing of Suo Motu Case No.3 of 2018, pertaining to dual nationality of Civil Servants and Officials of Autonomous Bodies, etc., it came to light that at least four newly elected Senators, namely, Ch. Muhammad Sarwar, Mr. Haroon Akhtar Khan, Ms. Nuzhat Sadiq and Ms. Saadia Abbasi, held dual nationality and apparently no conclusive evidence of their having renounced or relinquished such foreign nationality was available. Consequently, vide Order dated 05.03.2018, notices were directed to be issued for 8th of March, 2018, to the aforesaid newly elected Senators to provide proof of relinquishments of their foreign nationality. 2. In pursuance to the aforesaid notices, the said Senators entered appearance before this Court on 8th of March, 2018. On the said date, Mr. Bilal Hassan Minto, learned ASC and Mr. Khalid Javed, learned ASC, were both appointed as amicus curiae. Notices were also issued to the Election Commission of Pakistan (ECP) and the case was adjourned to 10th of March, 2018. On the said date i.e. 10th of March, 2018, the matter was referred to the present Larger Bench. The instant Larger Bench was SMC No.8/2018, etc. 3 tasked with the interpretation of Article 63(1)(c) of the Constitution of the Islamic Republic of Pakistan, 1973, along with the provisions of Section 14 of the Pakistan Citizenship Act, 1951 (Act of 1951), and to examine whether the law as laid down in the previous judgments of this Court mentioned in the aforesaid Order dated 10.03.2018, needed to be revisited. The relevant portion of the Order dated 10.03.2018, is reproduced hereunder for ease of reference: “… in order to interpret the provisions of Article 63(1)(c) of the Constitution of Islamic Republic of Pakistan, 1973, whether a person acquiring citizenship of another country is permanently debarred and disqualified to contest the election for the Parliament and also to examine whether the law laid down in the judgment reported as Syed Mehmood Akhtar Naqvi Vs. Federation of Pakistan through Secretary Law and others (PLD 2012 SC 1089) is a correct enunciation of law while interpreting the aforesaid Article (supra) as also the provisions of Section 14 of the Pakistan Citizenship Act 1951, we issue notice to all concerned and the matter must be fixed before a larger Bench to be constituted by the Honourable Chief Justice of Pakistan. As far as the interim relief is concerned, in the light of the law laid down in the judgment reported as Syed Masroor Ahsan Vs. Muhammad Tariq Chaudhry and others (1991 SCMR 668), we allow the Election Commission of Pakistan to issue the notice of the candidates those have been succeeded in the elections. Office is directed to separately number this aspect of the matter from the main case SMC No.8/2018, etc. 4 which is regarding Dual national of Hon’ble Judges and Officials of Courts and Government officers.” 3. On behalf of Mr. Haroon Akhtar Khan, a concise statement i.e. Civil Misc. Application No.8461 of 2018, was filed, followed by another Civil Misc. Application bearing No.8599 of 2018. Through the latter application i.e. CMA No.8599 of 2018, an affidavit was filed wherein it was deposed by Mr. Haroon Akhtar Khan that in the year 2014 when he was contemplating to contest the elections for the Senate, he tore his Canadian Passport and the Citizenship Card and mailed these documents back to Canada. As per his understanding, such an act was the procedure necessary for relinquishing a Canadian citizenship. However, appended with Civil Misc. Application bearing No.8599 of 2018, was a copy of an “Application To Renounce Canadian Citizenship under subsection 9(1)” (available at page 4 of the said CMA). This application appears to have been singed by him on 2nd of February, 2018. Furthermore, on a Court query, Syed Ali Zafar, learned ASC, appearing on behalf of Mr. Haroon Akhtar Khan, informed the Court that the process of relinquishment of Canadian citizenship though initiated in terms of the applicable SMC No.8/2018, etc. 5 Canadian law has till date not been completed and concluded. Thus, admittedly on the date of filing of the Nomination Papers for the elections to the Senate, in 2018, and even upon the hearing of these instant proceedings Mr. Haroon Akhtar Khan, in law, was and continued to be a Canadian citizen. 4. However, Syed Ali Zafar, learned ASC contended that Article 63(1)(c) of the Constitution, must be interpreted in the context of globalization, which has led to the metaphoric shrinking of the world, and an archaic interpretation is no longer valid. It was also contended that the said Article must be read in conjunction with the Fundamental Rights, as guaranteed under Article 17 of the Constitution, and an interpretation limiting the right of a citizen contest elections or to hold Public Office should be avoided. He further contended that nationality of an enemy State alone could be an impediment in holding a Public Office or from being a Member of Parliament in Pakistan. However, the mainstay of the contentions of the learned counsel was that in the phrase “ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State” as appearing in Article 63(1)(c) of the Constitution, the word SMC No.8/2018, etc. 6 ‘or’ must be read as ‘and’. Consequently, unless the acquisition of citizenship of a foreign State simultaneously results in loss of citizenship of Pakistan, the disqualification from being elected or chosen as a Member of Parliament, including the Senate, does not arise. In this behalf, he referred to the judgment of the learned Lahore High Court, reported as Umar Ahmad Ghumman v. Government of Pakistan and others (2002 Lahore 521) and contended that the dictum of this Court as laid down in the case reported as Syed Mehmood Akhtar Naqvi v. Federation of Pakistan through Secretary Law and others (PLD 2012 SC 1089), needs to be revisited and reconsidered. 5. Mr. Ahmer Bilal Soofi, learned ASC appearing on behalf of Ms. Saadia Abbasi, adopted the contentions of Syed Ali Zafar, learned counsel for Mr. Haroon Akhtar Khan, on the legal plane. However, on the factual aspect of the matter, it was contended that indeed Ms. Saadia Abbasi, was, at one point of time, a citizen of the United States of America, however, she has renounced her such nationality through an affirmation dated 08.02.2018. A copy whereof was appended with Civil Misc. Application No.651 of 2018, filed on her behalf. It was further SMC No.8/2018, etc. 7 contended that such an affirmation has been accepted on 20.02.2018 and a “Certificate of Loss of Nationality of the United States” was issued, (available at page 3 of the said CMA), which also bears the Certificate of Loss of Nationality from the Overseas Citizens Services Department of State. The learned counsel referred to the printed note on the foot of the document of renunciation of nationality of United States of America, available at page 5 of the said CMA, which reads as follows: “Note: A renunciation of United States nationality/citizenship is effective only upon approval by the U.S. Department of State but when approved, the loss of nationality/citizenship occurs as of the date the above Oath/Affirmation was taken.” 6. On the basis of the aforesaid documents, it was contended that in fact Ms. Saadia Abbasi had ceased to be an American citizen with effect from 08.02.2018, when affirmation was made, hence, she was not disqualified from being elected or chosen as a Senator nor from holding such an Office. 7. On behalf of Ms. Nuzhat Sadiq, a copy of Certificate of Loss of Nationality of the United States dated 09.02.2012, was filed, which was purportedly approved by the Overseas Citizens Services Department of State on 23.03.2012. The learned counsel contended SMC No.8/2018, etc. 8 that she was not an American citizen at the time when she submitted her Nomination Papers for the elections to the Senate of Pakistan. 8. Similarly, on behalf of Ch. Muhammad Sarwar, it was contended that he has relinquished his British citizenship and to evidence the same he filed a copy of “Declaration of Renunciation of British Citizenship, British Overseas Citizenship, British Overseas Territories Citizenship, British National (Overseas) or British Subject Status” dated 02.07.2013, alongwith a letter from the Home Office, UK Border Agency, dated 18.07.2013, which confirmed the renunciation of his British citizenship. A Certificate dated 09.03.2018 from British High Commission, Islamabad, confirming that he had renounced his citizenship in July, 2013, has also been filed on his behalf. 9. Mr. Bilal Hassan Minto, learned ASC, amicus curiae, contended that the true impact of Article 63(1)(c) of the Constitution is that a person who ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State, is not qualified to be elected or chosen as a Member of Parliament. With regard to the acquisition of nationality of another State, he contended that such an SMC No.8/2018, etc. 9 acquisition triggers the disqualification under the aforesaid provision of the Constitution and the disqualification was permanent. Subsequent relinquishment/renunciation of citizenship of a foreign State, in his view, would not cure the disqualification in terms of Article 63(1)(c) of the Constitution. The learned ASC further contended that even otherwise, such relinquishment or renunciation of citizenship of a foreign State would require interpretation of the laws of such State. It is added that the foreign law in view of Article 59 of the Qanun-e-Shahadat Order, 1984, is considered to be a question of fact. This Court should avoid venturing into the domain of interpretation of any foreign law. The only exception, perhaps, would be an admitted document clearly, unequivocally and conclusively evidencing such relinquishment/renunciation of citizenship. 10. The learned Additional Attorney General for Pakistan canvassed at the bar that the true and faithful interpretation of the provisions of Articles 62 and 63 of the Constitution and the relevant provisions of the Elections Act, 2017, and also the Pakistan Citizenship Act, 1951, leave no manner of doubt that, a person, who SMC No.8/2018, etc. 10 is a citizen of Pakistan and acquires the citizenship of a foreign State, is not qualified to contest the elections until and unless, he renounces the citizenship of the foreign State and such an act of renunciation is complete under the laws of the said foreign State. In this behalf, he referred to the laws of the United Kingdom, United States of America and Canada to contend that at the relevant point of time, Ms. Saadia Abbasi and Mr. Haroon Akhtar Khan were and the latter continues to be a citizen of a foreign State, hence, are disqualified to be elected or chosen and from being a Member of Parliament, including the Senate. With regard to Ch. Muhammad Sarwar and Ms. Nuzhat Sadiq, the learned Additional Attorney General for Pakistan took up the plea that the documents submitted by them to establish their effective renunciation of citizenship of the foreign State prior to filing of their Nomination Papers for the elections to the Senate, need to be authenticated and verified and the Federation is ready, able and willing to facilitate such verification. He, however, did not endorse the view of Mr. Bilal Hassan Minto, amicus curiae that disqualification arising from acquiring the citizenship of a foreign State is permanent and submitted that such disqualification SMC No.8/2018, etc. 11 would cease upon the legally effective renunciation and the relinquishment of the citizenship of the foreign State. 11. Heard. Available record perused. 12. The primary contention canvassed at the bar by Syed Ali Zafar, learned ASC that the word ‘or’ as appearing in Article 63(1)(c) of the Constitution, is to be read as ‘and’. Therefore, the lack of qualification mentioned in the said sub-article would only be attracted, if a person ceases to be a citizen of Pakistan on account of having acquired the citizenship of another country; therefore, a dual nationality i.e. being a citizen of Pakistan and of another country, if so, permitted by the laws of Pakistan, would continue to be eligible to be elected or chosen as a Member of Parliament, as such duality of citizenship does not imply the loss of the citizenship of Pakistan. 13. There can be no escape from the fact that in common parlance ‘and’ is used in the conjunctive sense, while ‘or’ is employed in the disjunctive sense. It is equally true that in legislative instruments, the words ‘and’ and ‘or’ may in certain circumstances be interchangeable. In this behalf, reference may be made to the passage from the Maxwell on Interpretation of SMC No.8/2018, etc. 12 Statutes, 12th Edition at page 232, wherein it is stated as follows: “In ordinary usage, “and” is conjunctive and “or” disjunctive. But to carry out the intention of the legislature it may be necessary to read “and” in place of conjunctive “or”, and vice versa.” (emphasis supplied) In Bindra’s Interpretation of Statutes 7th Edition at page 537, it is stated as follows: “Conjunctive and disjunctive words.-- The word “and” in a statute may be read as “or” and vice versa, whenever the change is necessary to effectuate the obvious intention of the Legislature. The Courts should, however, have recourse to this exceptional rule of construction only when the conversion of the words “and” and “or” one into the other, is necessary to carry into effect the meaning and the intention of the Legislature; or produces unintelligent or absurd result. …” (emphasis supplied) 14. The learned Lahore High Court in its judgment reported as Farooq Ahmad Khan Leghari and 37 others v. Sh. Muhammad Rashid, Chairman, Federal Land Commission and another (PLD 1981 Lahore 159), held as follows: “58. Even otherwise, it is not a conclusive rule of interpretation that the word ‘and’ is to be always used conjunctively. In fact it is for the Court to interchange these words to save redundancy, anomaly absurdity or to SMC No.8/2018, etc. 13 conform to the clear intention of the Legislature. …” (emphasis supplied) This Court, in its judgment reported as Khadim Hussain and another v. The Additional District Judge, Faisalabad and others (PLD 1990 SC 632), after taking note of the aforesaid passages in the treatises on the Interpretation of Statutes as well as the aforesaid judgment of the learned Lahore High Court and the judgments reported as Salehon and others v. The State (PLD 1969 SC 267), Federation of Pakistan v. Hazoor Bukhsh and 2 others (PLD 1983 FSC 255), Farooq Ahmad Khan Leghari and 37 others v. Sh. Muhammad Rashid, Chairman, Federal Land Commission and another (PLD 1981 Lahore 159), Muhammad Hussain v. The Additional District Judge, Lahore and others [PLD 1966 (W.P.) Lahore 128], Muhammad Amin v. Sh. Jamshed Ali [PLD 1963 (W.P.) Lahore 523], Badsha Mian v. The State (PLD 1966 Dacca 1), Chief Inspector of Factories, U.P. v. V.K. Modi (AIR 1952 Allahabad 804), The King v. Governor of Brixton Prison Ex parte Bidwell [(1937) 1 KB 305] and R. v. Oakes [(1959) 2 All E.R.] and held as follows: “4. From the above-cited cases and the passage from the well-known treatises on the Interpretation of Statutes, it is evident that the words SMC No.8/2018, etc. 14 “and” and “or” are interchangeable and the word “and” can be construed as “or” and vice versa if the change is necessary to effectuate the obvious intention of the law-maker or the statutory rules framer.” (emphasis supplied) 15. Thus, it appears that no doubt occasionally ‘and’ may be used disjunctively and ‘or’ conjunctively. Both can be used interchangeably. However, such a course of action is only permissible in order to give effect to the clear and obvious intention of the legislature or to avoid absurdity, unreasonableness or redundancy. In every eventuality ‘or’ cannot necessarily be read as ‘and’ or vice versa, nor is there a prohibition on the legislature or the framers of the Constitution to employ ‘or’ in its common parlance i.e. “disjunctively”. 16. In order to persuade us to read the word ‘or’ in Article 63(1)(c) of the Constitution, it was necessary for the learned counsel to exhibit that such an interpretation would be in consonance with the clear and obvious intention of the framers of the Constitution and to construe it disjunctively would result in an absurdity, unreasonableness or redundancy. The learned counsel could not demonstrate that the intention of the legislature by enacting the aforesaid Article would be SMC No.8/2018, etc. 15 effectuated by construing the word ‘or’ therein as ‘and’. In fact, no serious effort, in this behalf, was made. An interpretation of Articles 62 and 63 of the Constitution as well as the relevant provisions of the Elections Act, 2017, read along with the Pakistan Citizenship Act, 1951, in fact, leads to an obvious conclusion to the contrary. 17. A person to be eligible to be elected or chosen as a Member of Parliament is required to be a citizen of Pakistan as is obvious from the provisions of Article 62(1)(a) of the Constitution. 18. The lack of qualification, in this behalf, is set forth under Article 63(1)(c) of the Constitution, and an interpretation thereof is perhaps necessary for adjudication of the lis at hand. Article 63(1)(c) of the Constitution, reads as under: “63(1)(c) he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or” 19. Before proceeding further, it may be noted that a “citizen” has been defined under Article 260(1) of the Constitution in the following terms: “260. (1) …………………………………….. “citizen” means a citizen of Pakistan as defined by law;” SMC No.8/2018, etc. 16 20. The mode of acquiring or loss of citizenship has not been set forth in detail in the Constitution of the Islamic Republic of Pakistan, 1973. The law to which Article 260(1) of the Constitution reproduced herein above is referring to is the Pakistan Citizenship Act of 1951. 21. An overview of the said Act, 1951, as amended from time to time reveals that as a general principle, dual citizenship or nationality is not permitted. Reference, in this behalf, may be made to Section 14(1) of the Act of 1951, which reads as follows: “14. Dual citizenship or nationality not permitted.—(1) Subject to the provisions of this section if any person is a citizen of Pakistan under the provisions of this Act, and is at the same time a citizen or national of any other country, he shall, unless […] he makes a declaration according to the laws of that other country renouncing his status as citizen or national whereof, cease to be a citizen of Pakistan.” A plain reading of the aforesaid makes it clear and obvious that a Pakistani citizen who is incidentally a citizen or national of another State must make a choice and as a general rule cannot be a citizen of both countries. Until and unless he severs his relationship of nationality and/or citizenship with the foreign State in terms of laws of such State, he will cease to be a citizen SMC No.8/2018, etc. 17 of Pakistan. Section 14(1) of the Pakistan Citizenship Act, as originally framed in 1951, envisaged a grace period of one year from coming into force of the Act for citizen of Pakistan and another State to make up his mind. This obviously catered for the situation that a large number of people who by birth or migration were entitled to be the citizen of both Pakistan and India. It is, in this context, that the grace period appears to have been granted. However, the general principle that a Pakistani citizen cannot also a citizen of another State was without exception the law of the land till 1972, when by way of an amendment, sub-section (3) of the Act of 1951, was added to Section 14, which reads as follows: “14(3) Nothing in sub-section (1) shall apply, or shall be deemed ever to have applied at any stage, to a person who being or having at any time been, a citizen of Pakistan, is also the citizen of the United Kingdom and Colonies or of such other country as the Federal Government may, by notification in the official Gazette, specify in this behalf.” 22. Various notifications have been issued under Section 14(3) of the Act of 1951, to extend the privilege of dual nationality to persons acquiring citizenship of, inter alia, United States of America and Canada in addition to the United Kingdom countries relevant for the adjudication of the lis at hand. SMC No.8/2018, etc. 18 23. Currently, a person can be a citizen of Pakistan as well as a citizen of, inter alia, United Kingdom, United States of America and Canada without ceasing to be a citizen of Pakistan. It is in the above context, that the provisions of Article 63(1)(c) of the Constitution, must necessarily be interpreted. Where a citizen of Pakistan acquires the nationality of or is also a citizen of another country other than a country covered by the provisions of Section 14(3) of the Act of 1951, or the Notifications issued thereunder, permitting dual nationality, referred to above, he automatically ceases to be a citizen of Pakistan, and therefore, cannot be elected or chosen as a Member of Parliament or hold such Office in view of the Article 63(1)(c) of the Constitution in as much as it states “ceases to be citizen”. In fact, he is not qualified in terms of Article 62(1)(a) of the Constitution. If the contentions of the learned counsel are to be accepted with regard to a person, would come within the mischief of Article 63(1)(c) of the Constitution, only if he looses his Pakistani citizenship on account of acquiring citizenship/ nationality of another State than the latter portion of the Article would become redundant and the intention of the SMC No.8/2018, etc. 19 framers of the Constitution would be frustrated rather than actualized. 24. The upshot of the above is that it was clear intention of the framers of the Constitution that the word ‘or’ has been used disjunctively in order to cater for a separate distinct situation, where a Pakistani citizen acquires a dual nationality of a foreign State as mentioned or notified under Section 14(3) of the Act of 1951, without loss of his Pakistani citizenship in terms of Section 14(1) of the said Act. An interpretation to the contrary would render the phrase “acquires the citizenship of a foreign State” under Article 63(1)(c) of the Constitution redundant, which intention can never be attributed to the framers of the Constitution, as is the settled law, in this behalf. Reference, in this behalf, may be made to the judgments of this Court reported as Malik Shakeel Awan v. Sheikh Rasheed Ahmed and 21 others (PLD 2018 SC 643), Justice Shaukat Aziz Siddiqui and others v. Federation of Pakistan through Secretary Law and Justice, Islamabad and others (PLD 2018 SC 538), Sami Ullah Baloch and others v. Abdul Karim Nousherwani and others (PLD 2018 SC 405), Muhammad Hanif Abbasi v. Imran Khan Niazi and others (PLD 2018 SMC No.8/2018, etc. 20 SC 189), District Bar Association, Rawalpindi v. Federation of Pakistan (PLD 2015 SC 401), Application by Abdul Rehman Farooq Pirzada (PLD 2013 SC 829), Chief Justice of Pakistan Iftikhar Muhammad Chaudhry v. President of Pakistan through Secretary and others (PLD 2010 SC 61) and Shahid Nabi Malik and another v. Chief Election Commissioner, Islamabad and 7 others (PLD 1997 SC 32). 25. Thus, the conclusion drawn by this Court in the case reported as Syed Mehmood Akhtar Naqvi v. Federation of Pakistan through Secretary Law and others (PLD 2012 SC 1089), that the word ‘or’ used in Article 63(1)(c) of the Constitution, is disjunctive and that a person holding a dual nationality of a foreign State though legally in view of Section 14(3) of the Act of 1951, nevertheless will not be entitled to be elected or chosen as, or hold the Office of a Member of Parliament, is correct interpretation of the Constitution and does not merit any reconsideration. Incidentally, the aforesaid view has been reiterated by this Court in its judgments reported as Dr. Muhammad Tahir-ul-Qadri v. Federation of Pakistan through Secretary, M/o Law, Islamabad and others (PLD 2013 SC 413) and Sadiq Ali Memon v. SMC No.8/2018, etc. 21 Returning Officer, NA-237, Thatta-I and others (2013 SCMR 1246). 26. The contentions of Mr. Bilal Hassan Minto, learned ASC, amicus curiae, must necessarily be examined in the context that the word ‘or’ as used in Article 63(1)(c) of the Constitution, has been employed disjunctively with the effect that lack of qualification(s) under the said provision caters for two separate legal situations. Firstly, where a person who once being a citizen of Pakistan ceases to be a citizen of Pakistan (say under Section 14 of the Act of 1951), or secondly acquires the citizenship of a foreign State [as is permissible under Section 14(3) of the Act of 1951]. The later disqualification i.e. acquiring citizenship of a foreign State needs to be interpreted on stand alone basis as a separate category of disqualification. In the above context, Mr. Bilal Hassan Minto, learned ASC, amicus curiae, perhaps, correctly canvassed that such a disqualification is triggered by acquiring of the citizenship of a foreign State. We noticed that the term “acquire” has not been defined in the Constitution. Thus, we must search for its ordinary dictionary meanings. In “Words and Phrases, Permanent Edition, West Publishing Co. SMC No.8/2018, etc. 22 Volume 1A, at page 556-557”, the words “acquire” and “acquired” have been defined as under: “ACQUIRE; ACQUIRED In General: To “acquire” means to gain, usually by one’s own exertion; to get, as one’s own, as to acquire a title, riches, knowledge, skill, good or bad habits. U.S. v. Hibernia Bank Bldg., D.C.La., 76 F.Supp. 18, 19.” In Black’s Law Dictionary, Fifth Edition by the Publisher’s Editorial Staff, at page 23, stated as under: “To gain by any means, usually by one's own exertions; to get as one's own; to obtain by search, endeavour, investment, practice, or purchase; receive or gain in whatever manner; come to have. In law of contracts and of descents, to become owner of property; to make property one's own.” In Legal Terms & Phrases, Judicially defined from 1947 - 2012, by M. Ilyas Khan, 2013 Edition at page 38, the word “Acquire”, has been defined, while referring the judgment rendered by Mr. Justice Shabbir Ahmed, Judge, Lahore High Court, in the judgment reported as M. Aslam v. Umar Bibi (PLD 1960 Lahore 312) in the following words: “Acquire. - “To obtain or gain usually by one’s own efforts.” The phrase “acquires the citizenship of a foreign State” when examined in the context of the aforesaid definitions SMC No.8/2018, etc. 23 of the word “acquire”, leads to an irresistible conclusion that a person is not qualified, if he, obtains or gains the citizenship of a foreign State. The lack of qualification is the consequence of gaining, obtaining or acquiring a legal status i.e. citizenship of a foreign State. As long as such legal status i.e. citizenship of a foreign State holds the field the disability resulting therefrom i.e. lack of qualification to be elected or chosen or being a Member of Parliament would also exist. If such disabling legal status disappears so too will the disability. This is the only conclusion which can be drawn from a plain reading of the aforesaid provision. In this view of the matter, where a citizen of Pakistan acquires the citizenship of a foreign State, he shall not be qualified to be elected or chosen or being a Member of Parliament until and unless such legal status i.e. being a citizen of a foreign State is obliterated or extinguished. This is only possible when the citizenship of the foreign State is renounced or relinquished and such process of relinquishment or renouncement is completed and concluded. Mere initiation of the process of relinquishment is not sufficient as during the course of such process, the dual national does not cease to be a SMC No.8/2018, etc. 24 citizen of a foreign State and the disqualification exists. This view has already been taken by this Court in the judgments reported as Syed Mehmood Akhtar Naqvi v. Federation of Pakistan through Secretary Law and others (PLD 2012 SC 1054), Dr. Ahmed Ali Shah and others v. Syed Mehmood Akhtar Naqvi and others (2018 SCMR 1276), Zahid Iqbal v. Hafiz Muhammad Adnan and others (2016 SCMR 430) and Sadiq Ali Memon v. Returning Officer, NA-237, Thatta-I and others (2013 SCMR 1246), we have not been persuaded to take a different view in the matter. 27. Adverting now to the matter of the newly elected Senators at hand. With reference to Ch. Muhammad Sarwar, no doubt, he was once the citizen of United Kingdom and thereafter, he has purportedly relinquished/renounced such citizenship well before the Senate elections in question. In support of his contentions, he filed a copy of “Declaration of Renunciation of British Citizenship, British Overseas Citizenship, British Overseas Territories Citizenship, British National (Overseas) or British Subject Status” dated 02.07.2013, along with a letter from the Home Office, UK Border Agency, dated 18.07.2013, which SMC No.8/2018, etc. 25 confirmed the renunciation of his British Citizenship (available at pages 5 and 6 of CMA No.8575 of 2018). A Certificate dated 09.03.2018 from the British High Commission, Islamabad, confirming that he had renounced his citizenship in July, 2013, has also been filed on his behalf. 28. The aforesaid documents, ex facie, established that Ch. Muhammad Sarwar, did not hold dual nationality when he contested the elections to the Senate. However, the said documents need to be authenticated and verified. 29. On behalf of Ms. Nuzhat Sadiq, it has been submitted that she was a citizen of United States of America and renounced her nationality in the year 2012. In support of her contentions, she filed a copy of Certificate of Loss of Nationality of the United States dated 09.02.2012, which was approved by the Overseas Citizens Services Department of State on 23.03.2012. The aforesaid documents, ex facie, established that Ms. Nuzhat Sadiq, was not a dual national when she contested the elections to the Senate. However, the said documents need to be verified. SMC No.8/2018, etc. 26 30. With regard to Mr. Haroon Akhtar Khan, as noted above, he admittedly is a Canadian citizen, having acquired Canadian citizenship in the year 1980, as mentioned in his Affidavit and the process for renunciation of such citizenship has been initiated by him. However, it was candidly conceded by his learned counsel that such process has not been completed, hence, Mr. Haroon Akhtar Khan, continues to be a Canadian citizen. In this view of the matter, Mr. Haroon Akhtar Khan, in view of Article 63(1)(c) of the Constitution was not qualified to be elected or chosen as a Member of Senate or to hold the Office of Senate, under the Constitution. 31. Adverting now to the matter of Ms. Saadia Abbasi, it is an admitted fact that she had a dual nationality of United States of America. It is her case that she had renounced and surrendered such nationality. In support of her contention, she has filed a copy of the Statement of Understanding Concerning the Consequences and Ramifications of Renunciation or Relinquishment of U.S. Nationality, attested on 08.02.2018, in the Consul of the United States of America; a copy of the Certificate of Loss of Nationality of SMC No.8/2018, etc. 27 the United States dated 13.02.2018, approved on 20.02.2018; and also a copy of Oath/Affirmation of Renunciation of Nationality of United States dated 08.02.2018. 32. That by way of the Elections Act, 2017, inter alia, the Representation of the People Act, 1976, as well as the Senate (Election) Act, 1975, have been repealed, consolidated and re-enacted. In Halsbury’s Laws of England (Second Edition), Volume 31 at page 565, para 771, it is observed as under: “771. … Where a consolidating statute re- enacts sections that have come into existence at different previous dates, the statute must be construed on the same principles as one which enacts the provisions in question for the first time. …” Thus, provisions of the Elections Act, 2017, must necessarily be construed as they were previously interpreted. Sections 107, 110, 112 and 156(1)(b) of the Elections Act, 2017, in fact, are reenactment of Sections 10, 11, 13 and 49(1)(b) of the Senate (Election) Act, 1975, and legally identical to Sections 11, 12, 14 and 68(1)(b) of the Representation of the People Act, 1976. The latter provisions have been interpreted by this Court by holding SMC No.8/2018, etc. 28 that a person must be qualified and not disqualified on the last date of filing of the Nomination Papers. This Court, in the case reported as Waqas Akram v. Dr. Muhammad Tahirul Qadri and others (2003 SCMR 145), held as follows: “6. … the qualifying age has to be determined on the last date for filing of nomination papers, notified by the Election Commission of Pakistan. In other words the cut-off date is the last date for filing of nomination papers.” And in the case reported as Atique Rehman v. Haji Khan Afzal and others (2007 SC M R 507), it was held that: “… so long the decree of the Civil Court determining the age of appellant above 25 years on the date of filing of nomination papers was intact, the objection that he was less than 25 years of age on the date of filing of nomination papers could not be raised to contend that he was suffering from disqualification to contest the election. …” And in the case reported as Zahid Iqbal v. Hafiz Muhammad Adnan and others (2016 SCMR 430), it was observed as under: “11. … Disqualification on account of dual citizenship … is not attracted in instant case as on the date of nomination papers, the petitioner was admittedly not holding any dual citizenship. …” SMC No.8/2018, etc. 29 Even otherwise, a plain reading of Sections 107, 110, 112 and 156(1)(b) of the Elections Act, 2017, would reveal that the accumulated effect is that the critical date for being qualified or not being qualified to be a Member of Parliament is the date when the Nomination Papers are filed. 33. The elections of the Senate were held under Chapter VII of the Elections Act, 2017, and as per Notification dated 02.02.2018, the schedule of Senate elections was issued by the ECP, with regard to Senate elections from the Provincial Assembly, Punjab, and in terms whereof, notice for invitation of Nomination Papers was issued on 03.02.2018. The last date for filing of the Nomination Papers was 08.02.2018 and the date of scrutiny was fixed as 12.02.2018. The appeals, if any, filed were required to be disposed of as on 17.02.2018. The last date of withdrawal was 19.02.2018. 34. Obviously, Ms. Saadia Abbasi, filed her Nomination Papers by or before 08.02.2018 and on that date, even as per her own case, at that point of time, she was a dual national and the alleged relinquishment still under process, leaving no room for doubt that on such dates, at such point of time, even as per her own case, SMC No.8/2018, etc. 30 the renunciation of dual citizenship had not been approved. Hence, she was not qualified to be elected or chosen as a Member of Senate and her Nomination Papers were invalid, liable to be rejected and any election thereupon void. The subsequent approval of her renunciation even with retrospective effect could not cure the defect of not being qualified in terms of Section 103 of the Elections Act, 2017, which existed at that point of time, when she filed her Nomination Papers, on the last date of Nomination Papers and when her Nomination Papers were scrutinized. In this view of matter, her election to the Senate is vitiated and liable to be annulled, as she was not qualified at the relevant point of time. 35. The aforesaid are the detailed reasons of our short Oder of event date, which reads as follows: “As regards Ch. Muhammad Sawar, vide order dated 10.10.2018 we have required the verification and confirmation of certain documents and granted a period of six weeks for doing the needful. Such verification has not so far been received. Resultantly, let the case be listed for hearing before a regular Bench after a period of six weeks. SMC No.8/2018, etc. 31 2. The learned counsel appearing for Mrs. Nuzhat Sadiq has brought on the record her certificate of relinquishment of nationality/citizenship dated 23.3.2012 which needs verification with regards to its genuineness. Therefore, the said document be sent to the Ministry of Foreign Affairs for verifying the authenticity thereof from the US Embassy in Pakistan and also from the State Department of US. Relist for hearing before a regular Bench after six weeks. 3. As far as Mr. Haroon Akhtar and Mrs. Saadia Abbasi are concerned, for the reasons to be recorded later, we hold and declare that on account of having dual nationality on the relevant dates, they were disqualified under the provisions of Article 63(1)(c) of the Constitution of the Islamic Republic of Pakistan, 1973, therefore, upon the announcement of this order they have effectively ceased to be the Members of the Senate and accordingly are directed to be denotified by the Election Commission of Pakistan, which shall take steps for the purposes of re-election on those seats within the time provided by the law. SMC No.8/2018, etc. 32 4. As far as the case of Mr. Shahzad Ali Khan is concerned, it has been informed that he has lost the elections, therefore, C.M.A.No.649-L/2018 stands disposed of as having become infructuous.” Chief Justice Judge Judge Judge Judge Judge Islamabad, the Judge 17th October, 2018 ‘APPROVED FOR REPORTING’ Mahtab H. Sheikh

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IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction) Present: Mr. Justice Iftikhar Muhammad Chaudhry, CJ Mr. Justice Ijaz Ahmed Chaudhry Mr. Justice Gulzar Ahmed Suo Moto Case No. 9 of 2011 (Suo Motu action regarding illegal selling out the Auqaf Properties by the Chairman, Evacuee Trust Property Board) And Constitution Petition No. 93 of 2012 And Crl. Original Petition No. 71 of 2013 (Contempt proceedings against Shirjeel Shah Muhammad, CE, Highland Living Concept) For the applicant(s) : Mr. Shehram Sarwar, ASC Mr. Zulfiqar Khalid Maluka, ASC For Asif Akhtar Hashmi, ex Chairman ETPB : Nemo For the ETPB : Hafiz S.A. Rehman, Sr. ASC Raja Abdul Ghafoor, AOR Mr. Junaid Iqbal, Secretary For the FIA : Mr. Muhammad Azam Khan, Addl. D.G. Mr. Qudratullah Khan, Director (Pb) Mr. Naveed Tareen Dy.Director, Crime Circle For DHA, Lahore : Mr. Asim Hafeez, ASC For DHA Rwp/Islamabad : Col (R) Ejaz Hussain, Secretary For M/s Highland Living Concept : Kh. Muhammad Farooq, Sr. ASC with Sharjeel Shah Muhammad, CE (in Crl.O.P No.71/2013) For M/s Elysium Holdings Pakistan : Mr. Tariq Hassan, ASC Mr. Atif Amin, ASC Raja Abdul Ghafoor, AOR With Mr. Hammad Arshad, CE Date of Hearing : 25.07.2013 SMC 9/2011 etc. 2 ORDER Iftikhar Muhammad Chaudhry, CJ.— Instant case was initiated by exercising suo moto jurisdiction conferred upon this Court under Article 184(3) of the Constitution of Islamic Republic of Pakistan, on a letter sent by members of Sikh community stating therein that Mr. Asif Akhtar Hashmi, Chairman Evacuee Trust Property Board had been selling the evacuee property especially attached to their worship places. Copies of the news items published in daily “Jang” Rawalpindi, “The News” Islamabad dated 21.04.2010 and the Herald (March Edition) reporting the irregularities being committed by the Evacuee Trust Property Board (ETPB) were also attached with the letter. Initially, the matter was registered as HRC No.28464-K/2010 and report was called from Chief Secretary, Government of Punjab on the matter mentioned in the said letter. The report was received from the Secretary, Ministry of Minorities, Government of Pakistan, Islamabad stating therein “that the allegation in the application have already been probed into by Public Accounts Committee, special Public Accounts Committee, Prime Minister, Inspection Commission and Special Audit. The allegations are nothing but to spoil the name of the department as well as the image of Pakistan. Furthermore, the matter in issue was also challenged in the Honourable Lahore High Court wherein it was dismissed”. On 16.04.2011, the matter was placed before one of us (Chief Justice of Pakistan) in Chambers for necessary orders, thus an order to the following effect was passed:- “Put up in court as petition under Article 184(3) of the Constitution. Notice to the applicant and Chairman, Evacuee Trust Board of Pakistan be issued…” SMC 9/2011 etc. 3 Resultantly, the matter was registered as SMC No.09/2013 and fixed before the Court. 2. It is to be mentioned that Asif Akhtar Hashmi, former Chairman ETPB appeared in person on 7.5.2013 but on the next date of hearing i.e. 24.05.2013 his counsel appeared and when his attendance was required to be procured by passing a specific order, he did not appear on 7.06.2013. He engaged Mr. Hamid Khan, learned Sr. ASC to appear on his behalf, however, despite issuance of directions he failed to appear in person before the Court. Inasmuch as, his counsel submitted before the Court that the order of this Court, had been communicated to him. At one stage it was pointed out by his counsel that he could not manage to come back to Pakistan as he had deposited his passport in Dubai with the Saudi Embassy for performing Umra and sought adjournment enabling the latter to appear in Court. At his request, case was adjourned on different dates and ultimately on 14.06.2013 learned counsel stated that this Court accommodated him twice by adjourning the case with the observations to produce him but despite all his efforts he could not succeed, therefore, in principle it would not be fair for him to make any further request to the Court in this regard, hence, he would be allowed to withdraw from appearing before this Court on his behalf in this case. The request was allowed and at the same time DG, FIA was directed to effect service of the notice upon him. In the meantime, FIA submitted a report stating therein that Syed Asif Akhtar Hashmi was still abroad and the matter had also been referred to Interpol for the service of the notice upon him. Interpol authority in Pakistan, in reply, informed that he has SMC 9/2011 etc. 4 departed from UAE to UK on 14.06.2013, therefore, the matter was referred to Interpol UK and reply is awaited. 3. The background to the case is that in the Evacuee Trust Property Board’s (ETP Board) meeting held on 14.05.2007, the then chairman brought to the knowledge of the Board the request of Defence Housing Authority (DHA), Lahore to acquire three pieces of Evacuee Trust land situated in Mauza Lidhar (75 acres, 2 kanals and 14 marlas), Mauza Mota Singh Wala (142 acres and 14 marlas) and Mauza Dera Chahal (26 acres, 1 kanal and 13 marlas), Lahore Cantonment falling in Phase-VI and VII of DHA. The options offered by DHA in this regard were:- Option-I Price of the aforementioned ETPB land be received by the Board. Option-II These ETPB lands be handed over to the DHA for development and in exchange developed plots as per laid down procedure will be given to ETPB. Option-III ETPB may exchange its aforesaid land with DHA land in mauza Halloki (84 acres, 4 kanals and 10 marlas) adjacent to Khayaban-e-Amin and Doctor’s Colony, Kahna Road/ Defence Road, Lahore. 4. In the said meeting, the Chairman sought guidance of the Board for proceeding further with reference to the above proposal and he also apprised the Board about the estimated cost of land prevailing in market of ETPB and DHA. General practice of DHA, regarding allotment of two developed residential plots of one kanal each in lieu of SMC 9/2011 etc. 5 one acre land, was also discussed. The Board, after due deliberations and keeping in view the existing and future potential of the DHA land situated in Mauza Halloki, rejected Option-III. Moreover, after discussing pros and cons of the remaining two options, the Board considered Option-II as more workable due to increase in the cost of developed plots. However, the Board desired that instead of consenting to two developed plots measuring one kanal in return to land measuring one acre to be handed over to DHA (i.e. 25% of land), at least 33% land of developed plots to be claimed. It was further suggested that in addition to residential plots, commercial plots situated on the main roads/nearest to main roads preferably to be claimed. 5. Subsequent thereto, the ETPB vide letter dated 10.07.2007 issued by Deputy Secretary (P), informed the DHA, Lahore as regards approval of Option-II by the Board. The Option-II, mentioned in the said letter, reads as follows: Option-II: ETPB lands to be given to DHA in exchange for developed plots. 33% land of developed plots to be given by DHA. (This means that instead of 2 x one kanal plots, 3Xone kanal plots per acre of ETPB land). Besides, 10% of commercial plots to be offered to ETPB on the rates as for members of DHA. 6. It was further mentioned in the said letter that on 19.06.2007, the matter was discussed on a courtesy call by the Chairman, ETPB with the Commander 4 Corps and that the Corps Commander appreciated the proposal. It was, therefore, requested that the above proposal be confirmed in order to enable the ETPB to obtain formal approval of the Board and Federal Government, necessary for transfer of ETPB land. SMC 9/2011 etc. 6 7. In response to the above mentioned letter, the DHA sent a letter dated 20.07.2007 to the Chairman, ETPB which reads as under:- “Subject: Acquisition of Evacuee Trust Land Please refer to ETPB letter No. P(3)- DSP/530/ETPB/07LHR/7789 dated 10 July 07 on the above subject. 1. the management of DHA has approved following compensation in lieu of the valuable contribution by Evacuee Trust Property Board and your personal efforts:- a. ETPB land will be acquired by DHA at 33% exemption as enunciated in Para 2 of ETPB letter quoted above. The detailed distribution will be as follows:- (1) Total land 1946 Kanals (approx) (2) Total residential plots to be carved on the land as per DHA standard town planning 973 Residential plots (3) Share of Residential Plots (a) ETPB 642 Plots (b) DHA 331 Plots 2. The option of 10% commercial plots to be offered to ETPB on the rates as per members of DHA was analysed. It will be appreciated that DHA adds value to its property by maintaining highest standard of town planning thus maintaining a certain ration of open spaces to constructed areas. Similarly a ration in line with the international standards is maintained in residential area vs. commercial area. Being a welfare organization, DHA acquires the land and develops it for allotment to the landowners (who contribute the land) and a portion of it for armed forces personnel for whom the society is primarily functioning. In this case under consideration, total number of commercial plots being carved out is 194. it is submitted that as per SMC 9/2011 etc. 7 10% formula DHA is not left with a single plot, therefore, the matter may be reconsidered and an equitable distribution be agreed upon to facilitate early resolution of the issue. The suggested distribution is as following:- a. Total commercial plots to be carved on the land per DHA std town planning 194 Commercial Plots b. Recommended Share of Commercial Plots (1) ETPB 100 Plots (2) DHA 94 Plots 3. Foregoing in view, it is requested that above mentioned allotment may please be approved by ETP Board and kindly detail a representative to carry out necessary coordination with DHA at its earliest, please. Lft. Col For ADHA (Amer Baig Mirza)” 8. Accordingly, the matter was discussed in the 263rd meeting of the ETP Board held on 23.07.2007 wherein following observation/directions were made:- “The Board, after due deliberation, rejected Option-III keeping in view the existing and future potential of the DHA land situated in Mauza Halloki. The Board after discussing pros and cons of the remaining two options, considered Option-II as more beneficial due to increasing trend in the cost of developed plots. However, the Board desired that instead of consenting to two developed one kanal plots for each acre of land to be handed over to DHA (i.e. 25% of land), 33% land of developed plots may be claimed. In addition to residential SMC 9/2011 etc. 8 plots, commercial plots may also be claimed on payment as for member of DHA. The Board also stressed that as the matter was potentially beneficial to the Board, therefore, pursuing it should be done on priority basis. The matter was discussed with DHA at various levels. The DHA vide letter dated 20.07.2007 has intimated that the management of DHA has approved that ETP Board land will be acquired by DHA at 33% exemption of residential plots (measuring 1 kanal each). Thus for 1946 K of ETPB land, DHA would provide 642 residential plots. In addition, DHA has offered 100 commercial plots on payment as for DHA members i.e. 16% of residential plots instead of, 10%.” 9. Later on, the ETPB vide letter dated 11.08.2007 informed the Ministry of Minorities (Minorities Affairs Division), Government of Pakistan through a letter captioned “Acquisition of Evacuee Trust Land by The Defence Housing Authority, Lahore Cantt.” about the decision of ETP Board. Paragraph 7 therefrom, being relevant, is reproduced hereinbelow:- “The matter was then placed before the Board vide Item No.10 of its 263rd Meeting held on 23.07.2007. The Board decided to proceed further with the arrangement agreed between ETPB and DHA as it was beneficial to the Board due to the increasing value of the developed plots in DHA. Photocopies of working paper and extract of minutes of Item No. 10 of Board’s 263rd Meeting held on 23.07.2007 are attached as Annex ‘D’ & ‘E’. Approval of the Federal Government to the aforementioned decision of the Board may be conveyed to this office to implement the arrangement with DHA”. SMC 9/2011 etc. 9 10. The Ministry of Minorities responded to the above mentioned letter vide letter dated 28.08.2007 advising the ETPB to furnish information and not to initiate any further action in the matter without prior approval of the Federal Government. The said latter is reproduced hereinbelow:- “Government of Pakistan Ministry of Minorities (MINORITIES AFFAIRS DIVISION) No.F.4(11)/2007-P-II Islamabad, the 28th August, 2007 The Chairman, Evacuee Trust Property Board, 9-Court Street, Lahore Subject:- ACQUISITION OF EVACUEE TRUST LAND BY THE DEFENCE HOUSING AUTHORITY, LAHORE CANTT. Please refer to ETP Board’s letter No. P(3)DSP/530/ETPB/07/LHR/8822 dated 11th August, 2007 on the above subject. 2. The matter is under process in the Ministry and ETP Board is advised to urgently furnish the following information for proceeding further in the matter:- i) The option of open auction has not been considered by the ETPB. The same may be considered and expected return/income so generated may be compared with the above mentioned option-II approved by the ETP Board. ii) The legal status about the lessees who are on extension and the procedure/terms & conditions to be adopted for settlement of such cases. iii) A copy of DHA’s policy according to which developed plots will be given to ETPB. iv) Details of all the lessees clearly mentioning their history whether they are original lessees or changes of tenancy has taken place, subsequently. v). Minutes of the meetings between DHA and ETP Board for warranting the instant recommendations. SMC 9/2011 etc. 10 3. ETP Board is further advised that no action will be initiated without prior approval of the Federal Government. 4. This issues with the approval of the Secretary. (Naeem Ahmad) Section Officer (P-II) Ph.9208487” 11. The ETPB vide letter dated 11.09.2007 addressed to the Ministry of Minorities Affairs furnished the requisite information. Paragraph 2(b) and (c) wherefrom are reproduced below:- “2. … … (a) … … (b) Out of total land of 1964(sic.)-Kanals (approx.), 973 residential plots can be carved as per D.H.A Standard. ETPB share would be 642 plots (33% of 1946) and that of D.H.A 331 plots. When developed the value of 642 plots would be approximately Rs.6420 million (@ Rs.10.0 million per plot). This is much more than the price expected from open auction of raw land in its present state. (c) It has been agreed by the D.H.A. that is will be their responsibility to get possession of aforesaid land from the lessees of ETPB. D.H.A. would use their resources for the purpose. ETPB would not be involved in this process. 3. You are requested to expedite approval of the plan as D.H.A. is pressing for an early decision. 4. This letter is issued with the approval of the Chairman. (Ch.Riaz Ahmad) Secretary” 12. The Ministry of Minorities Affairs vide letter dated 28.09.2007 again asked the ETPB to provide some further information and once again advised it not to initiate any action in this regard without prior approval of the Federal Government. The said letter reads as under:- SMC 9/2011 etc. 11 “Government of Pakistan Ministry of Minorities (MINORITIES AFFAIRS DIVISION) No.F.4(11)/2007-P-II Islamabad, the 28th September, 2007 The Chairman, Evacuee Trust Property Board, 9-Court Street, Lahore Subject:- ACQUISITION OF EVACUEE TRUST LAND BY THE DEFENCE HOUSING AUTHORITY, LAHORE CANTT. Please refer to ETP Board’s letter No.P(3)DSP/530/ETPB/07/LHR/9806 dated 11th September, 2007 on the above subject. 2. The matter is under process in the Ministry and ETP Board is again advised to urgently furnish the following information for proceeding further in matter:- i) The calculation of plots and expected value to be generated has not been calculated correctly, the same may be done accordingly. ii) Details of all the lessees clearly mentioning their history whether they are original lessees or changes of tenancy has taken place, subsequently. iii) The legal status about the lessees who are on extension and the procedure/terms & conditions to be adopted for settlement of such cases. iv) Minutes of the meetings between DHA and ETP Board for warranting the instant recommendations. 3. ETP Board is further advised that no action will be initiated without prior approval of the Federal Government. 4. This issues with the approval of the Secretary. (Naeem Ahmad) Section Officer (P-II) Ph.9208487” 13. The requisite information was provided by the ETP Board vide letter dated 19.10.2007 addressed to the Ministry of Minorities, SMC 9/2011 etc. 12 wherein it was reiterated that “approval of the Federal Government to the decision of the Board taken vide item No.10 of its 263rd meeting held on 23.07.2007 may be conveyed to this office to implement the arrangement with DHA”. 14. In the meanwhile, the ETP Board was reconstituted vide notification dated 14.11.2007 enlisting the following non-official members: (b) Non-official Members (1) Brig (R) Ijaz Ahmad Shah (2) Mr. Muhammad Nawaz Tishna (3) Mr. Nayyar Ali Dada (4) Mian Yousuf Salauddin (5) Mr. M. Fazal Durrani (6) Col. (R) S.K. Tressler (7) Mr. M. Parkash, Advocate (8) Sardar Sham Singh (9) Prof. Sajida Haider Vandal (10) Mr. Ashraf Ali Khawaja (11) Ch. Bashir Ahmad. 15. Thereafter, the Ministry of Minorities vide letter dated 03.12.2007 advised the ETPB to place the matter in question before the newly constituted ETP Board for re-examination and to refer the matter subsequently to the Federal Government for consideration along with recommendations of the Board. The ETPB vide letter dated 26.12.2007 addressed to the Ministry of Minorities claimed that all the queries raised by the Federal Government had been addressed and recommendations were made by a duly constituted Board, hence, there was no justification or rationale for referring the matter back to SMC 9/2011 etc. 13 the Board. It was further averred in the letter that in case decisions of the previous Board were to be revisited merely on the ground of reconstitution of the Board, it would open a Pandora box; hence, the Ministry was requested to indicate illegality in the decisions of the Board, if any. The letter once again ended with a request that “approval of the Federal Government to the decision of the Board taken vide item No.10 of its 263rd meeting held on 23.07.2007 may please be conveyed to this office for implementation of arrangements with DHA”. 16. The Ministry of Minorities Affairs vide letter dated 24.01.2008 informed the ETPB that the matter was examined in the Ministry and the orders of the Ministry already conveyed to the ETPB vide letter dated 03.12.2007 were reiterated. It was further ordered that “keeping in view the huge investment and expertise of the new ETP Board, the matter be placed before the new ETP Board under the Chairmanship of the new Chairman, ETPB and then referred to the Federal Government for consideration along with recommendations”. Thereafter, vide notification dated 07.12.2008, Asif Akhtar Hashmi was appointed as Chairman, ETPB on honorary basis “with immediate effect and until further orders”. 17. After appointment of the new Chairman, DHA vide letter dated 18.02.2009 addressed to the Chairman, ETPB on the subject “acquisition of Evacuee Trust Property Boards’ Land” intimated that 33% exemption ration besides, 100 x commercial plots were agreed to by DHA but progress on acquisition of land was held up due to non- acceptance of handing over of clear possession of land by ETPB. It was SMC 9/2011 etc. 14 stated that acquisition of land comprised two aspects namely, handing over of clear possession of the land, and registration of mutation of the land in favour of the party acquiring the land. 18. It was further expressed that “during the meeting held on 23.09.2008, it was indicated by Chairman ETPB that possession of land to be obtained by DHA which was not agreed to, as it involved taking over of possession after payment of huge amount, besides inviting series of court cases. Hence, further discussion on the subject remained inconclusive. Moreover, delay in the development work has cost DHA huge amount of idling/escalation charges”. In addition, it was requested that “either land be transferred with clear possession to DHA against 33% exemption or 25% exemption without possession may please be agreed to”. 19. The board was once again reconstituted vide notification dated 10.04.2009 and the following persons were notified as non- official members:- (b) Non-Official Members (1) Mr. Shahid sheikh Lahore (2) Mr. Tayyab Rizvi Lahore (3) Mian Muneer Ahmad Lahore (4) Dr. S. M. Yaqoob Lahore (5) Mr. Javed Akbar Butt Lahore (6) Malik Sher Ali Bucha Multan (7) Mr. Muhammad Aqeel Bhutta Multan (8) Mr. Naveed Amir Jeeva Multan (9) Rai Saleem-ur-Rehman Nankana (10) Mr. Bishop Daniyal Sahiwal (11) Mr. Ezra B. Shujaat Sheikhupura (12) Sardar Sham Singh Sindh (13) Mr. Parkash, Advocate Sindh SMC 9/2011 etc. 15 (14) Mr. Manzoor Hussain Bhutto Sindh (15) Mr. Muhammad Nawaz Tishna NWFP (16) Mr. Fazal Durrani Quetta 20. An important development in the matter took pace when on 16.04.2009, 272nd meeting of the ETP Board was held and the Board approved the following additional Agenda as Item No. 8:- MATTER RELATING TO ACQUISITION OF EVACUEE TRUST LAND SITUATED IN MAUZAS LIDHAR, MOTA SINGH WALA AND DERA CHAHAL ETC. TEHSIL CANTT LAHORE BY THE DEFENCE HOUSING AUTHORITY, LAHORE. Discussion/decision Action by The DHA’s proposal was apprised to the Board that delay in the development work had cost DHA huge amount of idling/escalation charges, as such DHA’s revised offer was restricted to their usual policy of 25% exemption of residential plots only. However with the hectic negotiations of the Chairman, ETP Board already held with the DHA authorities, they agreed to further negotiate on the provision of some commercial plots. The Board unanimously approved the revised offer of DHA for exemption of 25% residential plots with taking over the possession of the land to be the responsibility of the DHA. The Board authorized the Chairman to hold negotiations with the DHA to obtain at least some of the commercial plots in addition to the residential plots agreed to above. Secretary (P & L)/DS (L) 21. It is significant for our purposes to note that there was a visible difference in the offer approved by the ETP Board namely, 25% exemption of residential plots, instead of the 33% earlier offered by the DHA. The Decision of the Board was conveyed to the Ministry of Minorities Affairs by the ETPB through letter dated 25.04.2009. SMC 9/2011 etc. 16 22. The Ministry of Minorities Affairs, vide letter dated 28.04.2009 informed the Chairman, ETPB that the Federal Government has accorded concurrence to the decision of the ETP Board taken vide item No.8, in its 272nd meeting held on 16.04.2009, subject to observing all legal and codal requirements. Thereafter, ETPB vide letter dated 29.04.2009 intimated the DHA about the concurrence of the Federal Government to the decision of the Board dated 16.06.2009. The said letter is reproduced hereinbelow:- “EVACUEE TRUST PROPERTY BOARD GOVERNMENT OF PAKISTAN “No.P(3)DSP/530/ETPB/07/LHR/3266 Dated 29/4/09 To Col. (Retd) Mr. Muhammad Ashraf, Director Acquisition, Defence Housing Authority, Y-Block Commercial Area Ph.III Lahore Cantt. Subject:- ACQUISITION OF EVACUEE TRUST PROPERTY BOARD’S LAND Pleas refer to your letter No.421/10/ETPB/Acqn dated 18.02.2009, on the above subject. 2. The matter was placed before the Evacuee Trust Property Board in its 272nd Meeting held on 16.04.2009. the Board and subsequently the Federal Government in the Ministry of Minorities have given concurrence to the proposal put forward by the Defence Housing Authority, Lahore vide above referred letter and agreed to accept 25% exemption of the residential plots as the taking-over the possession of the land will be the responsibility of the DHA. 3. Besides, DHA’s final proposal in Para-3 of the above referred letter is silent about the provision of commercial plots to ETPB on payment as for DHA members. The Board/Federal Government have authorized Chairman, ETPB negotiate the issue with DHA pertaining to the provision of commercial plots. 4. In view of the above, it is requested that DHA may expedite their process for acquisition of land SMC 9/2011 etc. 17 and coordinate with ETPB to hold negotiations regarding provision of commercial plots at an early date. (Salim Masih) Secretary (L & P)” 23. On the basis of the above mentioned concurrence, an agreement was concluded between ETPB and DHA on 08.05.2009 regarding land measuring 575 kanals and 13 marlas of Mauza Lidhar, comprising the following Khasra numbers:- Khasra No. Land Khasra No. Land Khasra No. Land 3065 80-00 3895 05-10 4403 08-00 3145 06-16 3933 05-10 4406 08-00 3146 07-08 3934 02-02 4407 07-16 3149 07-08 4250 04-13 4408 09-08 3687 09-11 4251 07-13 4409 08-00 3688 07-07 4252 08-00 4410 03-08 3689 07-07 4253 05-10 4411 08-00 3710 08-00 4254 08-02 4412 06-13 3711 08-00 4255 05-12 4413 03-04 3712 08-00 4276 08-00 4414 08-00 3713 04-12 4278 08-00 4415 03-02 3714 06-14 4279 03-12 4417 08-00 3715 08-00 4283 08-00 4418 08-00 3716 08-00 4284 08-00 4420 08-00 3717 08-00 4285 08-00 4421 08-00 3745 08-00 4287 08-00 4423 08-00 3746 08-00 4288 08-00 4425 08-00 3747 08-00 4289 09-06 4426 08-00 3748 08-16 4227 03-18 4428 02-16 3749 10-18 4329 06-00 4430 08-00 3750 08-00 4341 08-02 4431 08-00 3751 08-00 4342 10-04 4437 08-00 3752 08-00 4355 05-06 4438 08-00 3860 08-00 4356 04-01 4439 07-06 3861 08-00 4362 08-00 4443 07-07 3862 08-00 4370 08-00 4520 04-13 3894 05-04 4371 08-00 - - 24. Moreover, a conveyance deed was executed by ETPB in favour of DHA on 30.05.2009 regarding land measuring 544 kanals and 06 marlas to the following effect:- SMC 9/2011 etc. 18 “NOW THEREFORE, THIS CONVEYANCE WITNESSES AS UNDER” 1. The Vendor has sold the said piece of land measuring 17 Kanals 18 Marlas vide Parcha Khatooni No.747/866 of Gurdawara Deh and land measuring 526 Kanals 08 Marlas vide Parcha Khatooni No.748/867 of Samahad Bhai Mann Singh of the year 1992 vide Halqa Patwari Parcha Khatooni Rapt No. 3090 dated 15 May 2009, total qittat 75 measuring 544 Kanals 06 Malras situated at Hadbast Mouza Lidhar Tehsil Cantt District Lahore, in consideration of Rs.653160000/- (Rupees Sixty Five Crore Thirty One Lac Sixty Thousand Only), which has been paid by the Vendee to the Vendor toward last and final consideration amount of the said land, receipt whereof is hereby acknowledged, and nothing will be paid before sub- registrar Aziz Bhatti Town, Lahore, at the time of registration of this sale deed. The value of land given in the conveyance deed is not the value paid to the land owner but given for the purpose of registration as the land is purchased on 25% exemption in the shape of 1 Kanal/10 Marla residential plots. 2. The Vendor hereby assures the Vendee of their legally valid title with powers to alienate and sell the said piece of land to the Vendee to consideration mentioned above. The Vendor also assures and hereby undertakes to indemnify and keep indemnifying the Vendee to its entire satisfaction, and any defect in the title against the claim of any third party.” 25. Yet another agreement was executed on 09.06.2009 between ETPB and DHA regarding further 353 kanals and 07 marlas of land situated in Mauza Mota Singh Wala and 203 kanlas and 13 marlas in Mauza Dera Chahal, Lahore Cantt. A conveyance deed in respect to the land mentioned above was executed on 10.07.2009 by the ETPB in SMC 9/2011 etc. 19 favor of DHA. It was in this manner that 3 agreements were executed between the parties (ETPB and DHA) and the possession was delivered to the DHA. 26. It is to be noted that as per report of the Director, FIA, the ETPB land measuring 1240 kanals had been occupied by the DHA instead of 843 kanlas and 15 marlas mutated in favour of DHA by the ETPB. Moreover, the report concluded that “without considering the earlier recommendations of the Board, i.e. 33% exempted developed plots as per offer of DHA dated 20.07.2007 and without determining the terms and conditions, the haphazard approval granted by the Ministry of Minorities Affairs of 25% exempted residential plots/files instead of 33% also shows personal vested interests of DHA Lahore, ETPB and concerned Ministry especially payment of huge amount of Rs.657.77 million approximately to unauthorized persons and thereby caused loss to ETPB”. 27. It was also noted in the said report that, though refunded to ETPB after one and half month, the registration fee amounting to Rs.39 million was paid by ETPB instead of DHA Lahore, being the purchaser, and that “this fact also creates doubts of personal vested interests of ETP Board and DHA Lahore”. The report assesses the total loss caused by the DHA at Rs.1934.77 million. 28. On behalf of DHA, Lahore there is no denial of the transaction, however, an explanation has been offered that as per agreement DHA would acquire possession of the land at its own expense and cost, where said portion of the land was not in possession of ETPB and against the deal of 151.25 acres of land it could only get SMC 9/2011 etc. 20 the title of land measuring 843K-15M by different instrument, deeds, etc. According to DHA, the consideration of the said land was in the shape of exemption of plot files. 29. As far as balance of 288K-18M is concerned, both the DHA and ETPB after deliberation agreed as under:- a. Any land belonging to Gurdwara shall not be purchased and consequently land measuring 203K-13M of Dera Bebe Naniki Gurdwara was returned back to ETPB by DHA in May 2010. It is pertinent to mention that DHA had made a payment of Rs.18.800 Million to purchase possession of said land. ETPB has assured DHA to return this amount and the matter is being finalized. b. ETPB shall transfer 85K-5M of land situated in Mauza Lidhar (31K-07M) and Mauza Mota Sindh Wala (53K-5M) at the earliest. It has further been explained that in pursuance of above arrangements ETPB was allocated following files in Phase-VI of DHA in consideration of the land acquired/transferred:- a. 140x 1 Kanal plot files b. 31x 10 Marla plot files c. 61x Marla plot files d. 10x 4 Marla Commercial plot files It may be noted that in the report submitted by DHA, neither any agreement with ETPB has been brought on record to accept the liability of the payments of the development charges nor there is any acceptable document to substantiate that Rs.18.800 million has been spent by DHA for taking over the possession of the property. Except that ETPB paid Rs.657.77 million approximately to Nazir Hussain (late), Amer Saleh Abbasi, Shah Jehan, Kamran Baig and Imran Ali SMC 9/2011 etc. 21 Bhatti, without any plausible justification. Despite efforts, no justification was offered by the Secretary DHA, Lahore in this behalf. 30. From the material available on record one can, prima facie, conclude that without considering the earlier recommendations of the Board i.e. exemption of 33% of plots as per offer of DHA dated 20.07.2007, and without determining the terms & conditions by the Federal Government through Ministry of Minorities Affairs, agreed for accepting 25% exempted residential plots/files instead of 33%. Essentially, for such reasons colossal loss has been suffered by ETPB. 31. A comparative analysis of the loss incurred to the ETPB for entering into the deal is reproduced hereinbelow as per report of FIA dated 24.07.2013: Sr.No. Head/Description Loss caused to the ETPB Plot Nos. Approx per plot price (Rs.) Total Loss (Rs) 1. Reeducation from 33% exemption developed to 25% exemption plot files only 108 9 million 972 millions 2. Expenditures being claimed by DHA from ETPB for vacation of Dear Chahal Land - - 18 millions 3. Developmental charges be claimed by DHA against exemption allotted plot files to ETPB @ 25 % - - 287 million 4. Compensation paid by DHA to unauthorized persons instead of ETPB 59 9 millions 126.77+ 531=657.77 Million Total 1934.77 millions SMC 9/2011 etc. 22 Thus, the deal suffered from corruption and corrupt practices and was in violation of rules and regulations. 32. Learned counsel for DHA Mr. Asif Hafeez, however, has attempted to persuade us that the deal between DHA and ETPB is transparent as huge amount has to be spent by DHA for getting possession of the land from occupants and it so hampered on account of delay in concluding the deal on the part of ETPB, therefore, ETPB in its 272nd meeting held on 16.04.2009 accepted revised offer of DHA for exemption of 25% residential plot instead of 33% which was duly approved by the Ministry, as such, no illegality or irregularity has been committed by DHA. 33. Learned counsel for DHA, attempted to justify the delay, as it is evident from his arguments noted hereinabove, but without producing any document or material to substantiate its plea on both counts i.e. delay by ETP Board and spending of huge amount by DHA for taking over possession from occupants of the land under question. 34. It has been noticed that from time to time the Federal Government has constituted the Board. Whereas, under sub-section (5) of section 3 of the Act, 1975 three years tenure of the Members has been prescribed and before the expiry of the same, a Member would not be changed unless he earlier resigns from his office under sub-section (6) or is removed under sub-section (7) of section 3 ibid. The only inference is that the purpose of fixation of the tenure is to ensure consistency in the policies of the ETP Board for the purpose of achieving the objects for which the Act, 1975 has been SMC 9/2011 etc. 23 promulgated. Contrary to it, as far as Chairman of the Board is concerned, he is required to hold the office during the pleasure of the Federal Government. 35. In the instant case, we have noticed that during 263rd meeting of ETP Board held on 23.07.2007 a decision was taken to accept option No.2 offered by DHA, namely, ETPB land be handed over to DHA for development and in exchange the developed plots as per laid down procedure, would be given to ETPB. It was also decided that DHA would handover 33% developed plots to ETPB, besides 10% of the commercial plots to be offered to ETPB on the rates as for members of the DHA and this offer was also accepted by DHA on 20.07.2007, but before its final approval, the ETP Board was reconstituted on 14.11.2007. Names of the newly appointed members have also been mentioned hereinabove. As per the requirement of law, these non-official members had to perform their functions for a period of three years i.e. upto 13.11.2010. In the meanwhile, former Chairman ETPB, Mr. Asif Akhtar Hashmi was appointed on 7.12.2008, before expiry of the tenures of the members appointed on 14.11.2007 and the Board was again re-constituted on 10.04.2009. The issue of getting developed residential and commercial plots, decision in respect whereof had already taken place in 263rd meeting dated 23.07.2007, was again placed before the Board for discussion and decision. Surprisingly, instead of accepting the earlier better terms and conditions, fresh proposal was introduced after taking over of office by the newly appointed Chairman and DHA had revised its offer. Inasmuch as, the Federal Government without negotiation or determining viable terms and conditions gave approval on 16.04.2009. SMC 9/2011 etc. 24 36. It would be appropriate to mention that from very beginning the ETPB had been insisting that DHA should commit in writing, inter alia, that taking over of the possession of the Evacuee Trust land situated in Mauza Lidhar, Mauza Mota Singh Wala and Mauza Dera Chahal from its lessees will be sole responsibility of DHA and expenditures so incurred shall not be claimed from ETPB. Reference in this behalf may be made to the meeting of ETP Board dated 22.04.2008, relevant contents wherefrom are reproduced hereinbelow:- “(vii) Deputy Secretary (Property), ETP Board, Lahore will prepare a draft letter to be sent to be sent to the DHA authorities indicating the points on which their confirmation is required particularly about the following:- (a) Taking over of possession of Evacuee Trust land situated in mauzas Lidhar, Mota Singwala and Dera Chahal from its lessess will be sole responsibility of DHa and expenditure so incurred shall not be claimed from ETPB. (b) Phase and sector, where residential and commercial plots will be allotted by DHA to ETPB (in lieu of Evacuee Trust land situated in after-mentioned mauzas). (c) All the plots to be allotted will be at one place in a compact block/form. In case it is not possible then what arrangement will be made by DHa. (d) Charges, if any, required to be paid by ETPB in respect of residential plots to be allotted. (e) Total cost to be charged in respect of each commercial plot to be allotted.” 37. In continuation of above letter, on 7.06.2008 the earlier stand taken by ETPB was reiterated; however, after appointment of former Chairman, Mr. Asif Akhtar Hashmi, on 18.02.2009 DHA intimated that 33% exemption ratio besides, 100 x commercial plots were agreed to by it but progress on acquisition of the land was held SMC 9/2011 etc. 25 up due to non-acceptance of handing over of clear possession of land by ETPB. It was further emphasized in this very letter that “either land be transferred with clear possession to DHA against 33% exemption or 25% exemption without possession may pleased be agreed to”. Although, as it has been explained earlier, before appointment of the former Chairman, Mr. Asif Akhtar Hashmi, the DHA has agreed to grant 33% exemption of plots instead of 25% with 100 x commercial plots on the rates available for the members of DHA, but in such a situation when we asked the learned counsel for DHA to substantiate with documents the amount which has been spent by the DHA for taking over the possession, he could not do so. Therefore, it is held that in the 272nd meeting dated 16.04.2009 the decision was changed by the ETP Board intentionally, on account of which a huge loss has been caused as it has been analyzed in the FIA reports, referred to hereinabove. Such decision also adversely reflects the mala fide in the reconstitution of the Board on 10.04.2009 before expiry of three years’ tenure of the members, who were appointed on 14.11.2009; therefore, for such reasons the Board should have not approved acceptance of formula of 25% exemption as it was against the interest of charitable institutions. 38. There is no denial of the fact that ETPB had powers to dispose of the properties but it must be in accordance with the law namely section 4(2) of the Act, 1975 as it has been held in the case of Pervaiz Oliver v. St. Gabrial School (PLD 1999 SC 26), relevant para therefrom is reproduced hereinbelow:- “It is a known fact that the above portion of the property is extremely valuable. ………… It is SMC 9/2011 etc. 26 anybody's guess as to what may have transpired in an underhand manner between the concerned individuals, particularly, Said Muhammad and the Evacuee Trust functionaries. Some of the staff has already been identified in this order. The Assistant Administrators, holding office from time to time in the Quetta region and the Administrator, who passed the orders dated 6-3-1996 and 31-12-1996, would now come to be identified and located. All of these shall be subjected to departmental proceedings, as reflected below. Pausing here, we consider it our bounden duty to observe that many of those in the administration, politicians and bureaucrats alike, virtually consider public property as their own to be' appropriated or allocated at their whims or fancies. Nothing is further removed from legal realities. No public property, big or small, tangible or intangible. can be disposed of except in accordance with law. Those who transgress. Expose themselves to the severest of penalties under law, the cardinal principle being. the higher the functionary, the higher the responsibility and, for that reason. the, stricter the punishment.” Reference may also be made to the case of Action regarding joint venture agreement between CDA and Multi-Professional Cooperative Housing Society (PLD 2011 SC 619), relevant para therefrom is reproduced hereinbelow:- “28. … … It is to be seen whether the CDA Board could have, in all fairness, agreed to terms and conditions, which were totally different from those mentioned in the advertisement and render the transaction bereft of the essential attributes of transparency and fairplay. The Governmental bodies are invested with powers to dispense and regulate special services by means of leases, licences, SMC 9/2011 etc. 27 contracts, quotas, etc., where they are expected to act fairly, justly and in a transparent manner and such powers cannot be exercised in an arbitrary or irrational manner. Transparency lies at the heart of every transaction entered into by, or on behalf of, a public body. To ensure transparency and fairness in contracts, inviting of open bids is a prerequisite. The reservations or restrictions, if any, in that behalf should not be arbitrary and must be justifiable on the basis of some policy or valid principles, which by themselves are reasonable and not discriminatory.” 39. Now turning towards another deal entered upon by ETPB in 2009 by investing Rs.986.00 million in the project of “Elysium Ranches DHA, Islamabad and M/s HLC”, it is to be noted that in pursuance whereof following proposals for the investment was made:- “Proposal for EVACUEE Properties Investment Elysium Holding Pakistan Limited has given us the mandate for the procurement of land and sale of Project File (Allotment Certificates) for the above mentioned project (copies of JV agreement between DHA Islamabad and Elysium Holding Pakistan Limited and MOU between Highland Living Concept & Elysium Holding Pakistan Limited is attached for reference.) We would like EVACUEE to join us as an institutional investor of Project Files (Allotment Certificates), it may be mentioned that a number of other prominent institutional investors have already joined hands to profit from this lacerative investment at this stage of the project. The mode of EVACUEE investment will be as follows:- SMC 9/2011 etc. 28  Once each tranches of 32 kanals are procured 8 kanals of the project file (Allotment Certificate) will be PKR 600,000/- i.e. 600,000 x32=PKR 19,200,000/-  Government Levies per kanal i.e. CT+Mutation Charges will be 7.2% of Government Declared Price Rs.120,000/- i.e. 120,000 X 7.2%=8640 X 32=PKR 276,480/-  Out of Pocket Expenses will be PKR 10,000 X 32= PKR 320,000  Total investment for each project file (Allotment Certificate) will be PKR 19,796,480/-  Launch or reserved price with Buy Back guarantee by the sponsors of project will be PKR 30,000,000/- per project file / property with a total net profit of PKR 10,203,520/- which amounts to 34%, higher than any other investment opportunity in the market with negligible risk due to Buy Back Guarantee from sponsors. This ROI can be increased manifold if the files are sold and the amount reinvented The above price is based on an institutional buying of at least 50 Project Files (Allotment Certificates) / Properties.  Processing period of conversion of land into project files after al legal due diligence will be 7 working days. Furthermore issuance of project files (Allotment Certificates) will be 6 Working days from the date of mutation.” 40. The ETP Board in its 272nd meeting held on 16.04.2009 considered the said proposal as additional agenda item 5 and decided as under:- PROPOSAL FROM HIGHLAND LIVING CONCEPT FOR INVESTMENT/JOINT VENTURE IN ELYSIUM RANCHES DHA, ISLAMABAD Discussion/Decision Action by The Board unanimously approved the proposal of Highland Living Concept for investment/joint venture with ETP Board in Elysium Ranches DHA, Islamabad subject to the condition that DHA, Islamabad will give guarantee for the 34% of CAA SMC 9/2011 etc. 29 profit on the investment made by the ETP Board. 41. It is important to note that DHA Islamabad/Rawalpindi submitted a report before the Court on 27.04.2013 in which it was stated that “DHA Islamabad/Rawalpindi has not sold any property to ETPB through Mr. Asif Hashmi, nor Mr. Asif Hashmi has approached DHA Islamabad/Rawalpindi for any deal”. Further, DHA Islamabad/Rawalpindi vide another report filed before the Court on 24.05.2013 submitted that Elysium Holdings Pakistan Ltd. (EHPL), previously, Elysium Pakistan Ltd. is a public limited company formed for acquiring by purchase or otherwise land and to develop the same in plots and sell or establish housing estates, construct houses, buildings etc. and to provide amenities and utility services to the schemes. The names of the directors of EHPL, at the time of signing of the agreement with DHA Islamabad/Rawalpindi are also provided in the report, which are as under:- (a) At the time of signing of the Agreement: (1) Waseem Aslam (Director/CEO) (2) Ms. Ambreen Naz (3) Muhammad Usman Yousaf (b) Present: (1) Muhammad Hammad Arshad (Director/CEO) (2) Muhammad Murad Arshad (3) Chaudhary Ahmed Aziz 42. With regard to the investment of ETPB in the project of Elysium Ranches DHA, Islamabad, it is further to be noted that on 10.07.2008 M/s Elysium Holding Pakistan Ltd. (EHPL) signed joint venture agreement with DHA for purchase of land in Zone-IV, SMC 9/2011 etc. 30 Islamabad, for development of Project and marketing/selling of the same. It seems that before implementation of the agreement another idea of investment was introduced by M/s Highland Living Concept (HLC) Lahore, which was approved in the ETP Board’s meeting dated 16.04.2009 as well as by the Investment Advisory Committee of ETPB. In the meanwhile, respondent Mr. Asif Akhtar Hashmi had been appointed as Chairman, ETPB on 07.12.2008. In continuation of this development/project, on 08.7.2009 ETPB signed tri-partite agreement with M/s EHP and M/s HLC, according to which ETPB was to be provided with 50 project files/allotment certificates (each of 8-kanals plot-value of each plot mentioned in the proposal was Rs.19.72 million) of DHA as security, which were to be purchased by EHP after 30 months @ Rs.30.00 million each. Accordingly, from July to October, 2009 ETPB transferred an amount of Rs.986.00 million in the bank account of M/s HLC, out of which an amount of Rs.608.00 million was transferred to M/s EHP. 43. It was also stated in the above mentioned report that EHPL had approached DHA Islamabad representing to have rights in the lands situated in different mauzas of Islamabad and DHA agreed to the said proposal, consequent to which an agreement was executed between EHPL and DHA Islamabad on 10.07.2008 whereby EHP was obliged to transfer land measuring approx 30,000 kanals. EHP however could not fulfill its commitment to provide “initial land” within the specified time period. It was reiterated that ETPB or Mr. Asif Hashmi, ex-Chairman ETPB has neither approached DHA for any investment or sale/verification of any allotment certificates nor any funds from any such sale have been received by DHA Islamabad. SMC 9/2011 etc. 31 44. It is also pertinent to note in this regard that Finance Division (Budget Wing), Government of Pakistan vide Office Memorandum dated 02.07.2003 captioned “Deposit of Working Balances and Investment of Surplus Funds Belonging to Public Sector Enterprises and Local/Autonomous Bodies under Federal Government” issued consolidated instructions wherein it was mentioned that “before making any investment under this policy, it would be necessary for public sector entities to set up in-house professional treasury management functions. Specifically, they would need to have an investment Committee (IC) with defined investment approval authority. Transactions above the approval authority of the IC will be subject to approval of the Board of Directors or an equivalent forum. The IC should be assisted by an Investment Management Unit employing qualified staff with at least 3-5 years of experience of managing investment in debt/equity instruments. However, it will be necessary for public sector enterprises to use the service of professional fund mangers approved by SCEP”. 45. It must be highlighted that no permission was obtained for investment in DHA Islamabad under section 4(2)(c) and (m) of the Evacuee Trust Properties (Management and Disposal) Act, 1975 which provides that the function of the board shall be “to buy out of surplus income if any, or by, taking loan from any statutory corporation, with the approval of the Federal Government any other property which may be considered to be beneficial for promoting the objects of this Act or any scheme”; and “to invest money, with the prior approval of the Federal Government, for any other social welfare or charitable SMC 9/2011 etc. 32 purpose”. Therefore, the law was violated by making payments to Highland Living Concepts. 46. It may not be out of context to note here that one Sharjeel Shah Muhammad, CEO represented to HLC whereas Hammad Arshad, CEO represented to EHP. However, it is reported by FIA that according to record maintained by Securities and Exchange Commission of Pakistan (SECP), M/s Kamran Kiani, Waseem Aslam and Aftab Zahoor were founding Directors of M/s EHP, whereas, according to information revealed to FIA by DHA, Waseem Aslam, Ambreen Naz and Muhammad Usman Yousaf were the Directors at the time of joint venture agreement dated 10.07.2008. Subsequent thereto, it was further revealed by SECP that M/s Kamran Kiani and Aftab Zahoor resigned on 13.06.2007 and 29.01.2008, respectively, before signing of the joint venture agreement noted hereinbefore. As far as Ambreen Naz is concerned, she also resigned from her position on 05.09.2008. Presently, Hamad Arshad is CEO of the Company because Waseem Aslam, who was holding the charge prior to him, had resigned on 04.01.2012. 47. Perusal of record/report filed by FIA reveals that for making this investment no approval of the Federal Government under section 4(2)(c) of the Evacuee Trust Properties (Management and Disposal) Act, 1975 was available on record, as such, FIA had to register a case because due to non-availability of relevant files the FIA could not conduct inquiry as per direction of this Court issued vide order dated 7.5.2013; therefore, against Faizan Shams, former Investment Management Officer of ETPB, a case was registered vide SMC 9/2011 etc. 33 FIR No.596 dated 9.05.2013 under section 409 PPC. As far as DHA, Islamabad is concerned, it has also not denied entering into agreement dated 10.07.2008 with EHP, in pursuance whereof EHP was under obligation to transfer land measuring approximately 30,000 kanals in favour of DHA, Islamabad and to plain, develop, market and sell the proposed mixed used project on the said land, etc. However, ETPB through its Chairman Asif Akhtar Hashmi has never approached DHA, Islamabad for investment or sale, etc. It is to be noted that Zone-IV of Islamabad is located within the domain of CDA and according to its record, in this Zone no project with name of ‘Elysium Ranches, DHA, Islamabad’ has ever been introduced by joint venture of DHA and EHP, therefore, the conclusion is that without verifying and examining the existence of ‘Elysium Ranches DHA, Islamabad’, ETPB made the investment and allowing the benefit of this investment to another party i.e. M/s HLC, as a tri-partite agreement was executed. Interestingly, M/s HLC received Rs.986.00 million from ETPB, out of which, statedly, it transferred Rs.608.00 million and balance of Rs.378.00 million is still lying with it. Reference is also necessary at this stage to the stand taken by Hamad Arshad, CEO EHP before this Court 14.06.2013, who stated that without prejudice to his constitutional and legal rights, he is depositing the amount of Rs.986.00 million towards full refund of the investment made by the ETPB. although directions were made on 07.06.2013 to both of them i.e. Sharjeel Shah Muhammad, CEO HLC and Hamad Arshad CEO of EHP. He also prayed that as per tripartite agreement, ETPB made investment on the basis of 50 files, which were provided to ETPB, SMC 9/2011 etc. 34 therefore, it would be just, fair and equitable that files be transferred back to him as he had already made the payment. 48. Khwaja M. Farooq, Sr. ASC appearing on behalf Sharjeel Shah Muhammad, CEO Highland Living Concepts submitted that a Memorandum of Understanding (MOU) was executed between EHPL and HLC on 07.11.2008 whereby HLC confirmed to purchase a minimum of 5000 kanals land at its sole cost and expense located in Zone-IV of Islamabad for the purpose of proposed project named “DHAI’s Elysium Ranches Project” on behalf of the EHPL and that all such lands shall be mutated by the HLC in favor of DHA. It was asserted that HLC acting in the capacity of a property dealer/service had received its commission of 2% while the entire amount was then transferred to Elysium. 49. In view of the material collected during hearing of the petition through FIA, reference of which has been made hereiabove, arguments so advanced by the learned counsel on behalf of Sharjeel Shah Muhammad, CEO of HLC is not acceptable because he has received Rs.986.00 million from ETPB out of which Rs.608.00 million was transferred in the account of EHP being maintained by its CEO Hamad Arshad and balance of Rs.3.76 million is lying with HLC. However, as per our directions dated 07.06.2013 both of them were required to deposit this amount but he (Sharjeel Shah Muhammad) has failed to comply with the directions as a result whereof Hamad Arshad had also borne his financial burden. 50. Needless to say that ETPB’s Chairman and Members of the Board in pursuance of the decision, which was taken as an additional Agenda No.5 in 272nd meeting held on 16.04.2009 made investment of SMC 9/2011 etc. 35 Rs.986.00 million but without settling the terms and conditions and realizing that there is absolutely no existence of ‘Elysium Ranches DHA, Islamabad’. The recovery of principle amount has already been made under the order of this Court both Sharjeel Shah Muhammad, CEO HLC and Hamad Arshad CEO EHP were also bound to pay mark up on Rs.986.00 million from the date of its payment and passing the order of this Court as they had benefitted from this amount without extending any profit to ETPB and in the same manner, Chairman ETPB and Members as well Secretary of Ministry of Minorities Affairs, who endorsed such deal which was in fact non existent is liable to be dealt with according to law. 51. Thus, we are of the considered opinion that transaction of ETPB for making investment of Rs.986.00 million was contrary to the interest of ETPB and against the instructions of the Government as well as section 4(2) of the Act, 1975, in view of the law laid down in Pervaiz Oliver’s case (ibid), reference of which has already been made hereinabove. 52. In view of the above discussion, instant petition under Article 184(3) of the Constitution of Islamic Republic of Pakistan is allowed with the following declarations: - DHA Lahore: (1) Matter relating to acquisition of Evacuee Trust land situated in Mauza Lidhar, Mauza Mota Singh Wala and Mauza Dera Chahal Tehsil Cantt. Lahore by the Defence Housing Authority Lahore, vide decision dated 16.04.2009 of ETPB taken in its 272nd meeting approving the revised offer of DHA for exemption of 25% residential plots is SMC 9/2011 etc. 36 unlawful, being contrary to section 4(2) of the Evacuee Trust Properties (Management & Disposal) Act, 1975, as the earlier decision taken on 23.07.2007 by ETP Board in its 263rd meeting was in accordance with the law as DHA in its letter has already agreed on 20.07.2007 that ETPB land would be acquired by DHA at 33% exemption of residential plots (measuring 1-Kanal each) as a result whereof DHA had to provide 642 residential plots on acquiring 1946- Kanals of ETPB land, in addition to DHA’s offer of 100 x commercial plots on payment as for DHA members i.e. 16% of residential plots instead of 10%. (2) Prima facie, subject to determination by the investigation agencies, ETPB had to suffer accumulative loss on account of deal under review amounting to Rs.1934.77 million, analyses of which has been noted hereinabove based on report of FIA. (3) As the decision of the Board with regard to deal of ETPB and subsequent approval given by the Government vide letter No.P(3)/DSP/530/ETPB/07/LHR/3266 dated 29.04.2009 is void, and is of no legal consequences. Therefore, option is being given to DHA to accept the ETP Board’s decision taken in 263rd meeting dated 23.07.2007 and handover the developed residential and commercial plots, details of which have been given hereinabove, to the ETPB. Acceptance of this offer must be communicated to ETPB within 30 days after receipt hereof, failing which DHA shall SMC 9/2011 etc. 37 be bound to refund the land owned by ETPB situated in Mauza Lidhar, Mauza Mota Singh Wala and Mauza Dera Chahal etc. (4) It has also come on record that DHA has acquired more land than agreed upon, therefore, Senior Member Board of Revenue, Government of Punjab is directed to make arrangement for the demarcation of the properties owned by ETPB referred to hereinabove and ensure the restoration of the excess land; and on non acceptance of option noted above, total land so occupied/acquired shall be delivered back to ETPB by DHA by reversing the mutation entries and also cancelling the sale deeds, executed between the parities referred to in the judgment. (5) DHA, shall not be entitled to recover any compensation, if it has paid to obtain the possession from the lessee or on the development of land, as no evidence has been brought on record. However, to substantiate the same, if so advised, DHA has to resort to the Court of law to prove its claim by adducing evidence as it has been held in the matter of Action regarding Joint Venture Agreement between CDA and Multi-Professional Cooperative Housing Society (PLD 2011 SC 619). DHA Islamabad (6) The decision of 272nd meeting held on 16.04.2009 as a special agenda is contrary to section 4(2) of the Act, 1975, in view of the principle of law discussed hereinabove. SMC 9/2011 etc. 38 (7) The Chairman of ETPB and Members of the Board handed over an amount of Rs.986.00 million vide tri-partite agreement dated 08.07.2009 to HLC and EHP. This amount has been recovered in pursuance of order of this Court dated 07.06.2013 and has been deposited in the account of Registrar of the Court, therefore, subject to Supreme Court Rules, 1980, the Registrar shall transfer this amount in the account of ETPB forthwith. (8) HCL and EPL have entered into a transaction in respect of a joint venture, which absolutely had no existence as despite of receiving the amount noted above the Ranches were not handed over as no land was acquired, however, HLC and EHP got benefit of the amount of Rs.986.00 million owned by ETPB unlawfully, therefore, they are under legal obligation to compensate the ETPB by paying profit/mark-up on this amount, subject to determination by the Court of law. (9) As far as 50 files of Islamabad Ranches, if have been handed over to the ETPB, same shall be returned to the persons/agency from whom these files were received. (10) We have noticed that in the transactions entered into by ETPB with DHA Lahore and Islamabad, numerous illegalities/irregularities and violations of financial instructions, have been committed along with violation of laws; therefore, in the public interest the Secretary, Ministry of Minorities Affairs is directed to arrange forensic audit of the ETPB for the last five years and on the receipt SMC 9/2011 etc. 39 of the report actions, both civil and criminal, should be taken against the delinquents, in accordance with law. (11) It was informed that at present position of Chairman, Evacuee Trust Properties Board is lying vacant, therefore, the Federal Government is directed to take necessary measures for the appointment of Chairman, in terms of section 3(3) of the Act, 1975 as early as could be possible in the interest of the institution. (12) In respect of both the transactions i.e. DHA, Lahore land acquiring of Mauza Lidhar, Mauza Mota Singh Wala and Mauza Dera Chahal etc. as well as DHA, Islamabad, call for civil and criminal proceedings against the former Chairman, Mr. Asif Akhtar Hashmi and all others, who were directly or indirectly responsible for the same. The inquiry already initiated by FIA shall be expedited to be concluded as early as could be possible and compliance report shall be sent to the Registrar for our perusal in Chambers for appropriate orders if need be. 53. Petitions stand disposed of in the above terms accordingly. Chief Justice Judge Judge Announced on 02.10.2013 at Islamabad Chief Justice Approved For Reporting

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IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction) Present: Mr. Justice Iftikhar Muhammad Chaudhry, HCJ. Mr. Justice Jawwad S. Khawaja Mr. Justice Anwar Zaheer Jamali Suo Moto Case No.9 of 2012 (Regarding irregularities and illegalities in PIA) And Constitution Petition Nos. 109-110 of 2012 Zafar Iqbal Jhagra Marvi Memon …Petitioners Versus Federation of Pakistan etc. ….Respondents Petitioners: Mr. Zafar Iqbal Jhagra & (In person) Ms. Marvi Memon For the Federation: Mr. Zafar Mehmood Mughal, DAG Mr. M. S. Khattak, AOR For the PIA: Raja Muhammad Bashir, Sr. ASC Mr. Mehr Khan Malik, AOR Mr. Haroon Abbasi, Sr. Law Officer Mr. Asif Rauf, Manager Legal Mr. Waqar A.Siddique,G.M. Accounting Mr. Tahir Niaz, G.M. Marketing Mr. Aamir Ali, Chief Engineer Mr. Rashid Ahmad, G.M. (P/R) For CAA: Mr. Afnan Karim Kundi, ASC Mr. Mehmood A. Sheikh, AOR Mr. Obaid-ur-Rehman Abbasi, Sr. Law Officer Date of hearing: 14.12.2012 SMC 9/2012 2 O R D E R We have heard the petitioners in both the constitution petitions and the learned counsel for PIA, and have also examined the record made available to us. The issues of losses and shake down in the PIA were examined with the assistance of GM Marketing, GM Accounting, GM Legal and Chief Engineer. We were apprised that PIA Fleet consists of 38 aircrafts, out of which 28 are fully operational within or outside the country whereas 10 aircrafts are undergoing overhauling, repairs, etc. 2. We have also been apprised of the current financial position of the Corporation. Office has downloaded a report titled “Unconsolidated Financial Statement”. We confronted the officers of PIA with the contents of the said report. The learned counsel for the PIA handed over a booklet containing the same material, which indicates that it is meant only for the shareholders. The said report is made part of the proceedings. A perusal of the report suggests that during the year 2012, PIA has sustained losses after taxation to the tune of Rs.22.43 billion comparing to the losses for the year 2011 of Rs.19.29 billion, meaning thereby that for each year the losses are increasing and also accumulating on year to year basis. It is also of concern to note that according to G.M. Human Resources, at present the number of the employees, both regular and on contract basis in PIA, exceeds 18000. Essentially their salaries etc. have to be paid out of the income, not profit of business, which the Corporation is undertaking on monthly or annual basis. So the ratio of employees to each aircraft approximately comes to 450 even without taking into account work which is SMC 9/2012 3 outsourced to contractors. G.M. Finance/Accounts, however, stated that this could not be the reason of losses as according to him for this purpose only 17/18% of the Revenue is spent. He further stated that the main reason for not making the profit is the increase of the fuel price from time to time. It has also been informed by the Chief Engineer that cost of flying in terms of consumption of fuel, etc. has also increased because of aging of the aircrafts, however, now PIA is planning to purchase or hire 8 aircraft, which are likely to join the fleet in the months of February/March, 2013. 3. It is surprising to note that PIA administration had never planned to induct new aircraft otherwise out of 28 functional aircrafts, being 26 years old, they could have replaced the same, either by purchasing new aircraft or by getting the same on lease as it is done by other renowned airlines. We are of the view, prima facie, that on account of such mismanagement a profit-earning organization, being the only official airline, is making loss year to year. 4. We inquired from the General Manager, Marketing as to how the income is generated, but he could not answer satisfactorily, however, we informed him that one of the sources of income is ticketing within and outside the country. On this, he stated that GSAs for the foreign countries and within Pakistan are appointed in a transparent manner. On our query, he could not furnish the list of such agents appointed outside the country except pointing out that in the month of June, 2012, a GSA had been appointed in Norway. We inquired from him as to whether appointment of the said agent was SMC 9/2012 4 made in a transparent manner, to which he responded that proper procedure was adopted, but he had no details of the same. 5. We have painfully noted that seven senior officers had flown from Karachi to Islamabad to attend the court proceedings but no one amongst them was fully aware of the affairs of the Corporation and whenever questions were put to them, they stated that they had to get figures and they would inform the court in that behalf on the next date of hearing. It clearly indicates mismanagement in the organization otherwise efficient staff members having been posted against lucrative packages should have ensured that an organization which is making losses should be turned into profit-earning organization. 6. Raja Muhammad Bashir, learned counsel for PIA stated that on 22/24 October, 2012 new management headed by Lt. General (R) Asif Yaseen Malik has taken charge, and is planning to make reforms but is not responsible for the massive financial indiscipline, bad-governance, illegalities and irregularities committed in the past. This submission is not tenable because only such reforms process would work, which takes measures to put the house of PIA in order, including taking of such action against those who may be responsible for the wrongs committed in the past, and turning a profit-earning organization into a loss making enterprise, which is suffering huge losses. The reform process must also provide a system of checks and balances for the proper running of the affairs of the organization. However, the learned counsel stated that some time be given to the new management to enable it to introduce its reforms. SMC 9/2012 5 7. Mr. Iqbal Zafar Jhagra and Ms. Marvi Memon petitioners have stated that PIA management is talking about long term measures, whereas they should immediately take some short term measures for the purpose of providing facilities to the passengers, as invariably the flights are delayed and passengers have to wait for hours at times, at airports; sometimes they are made to sit inside the craft without ventilation and air-conditioning etc. and whenever the crew is contacted, they simply show their helplessness. Ms. Marvi Memon stated that today she had to sit and wait for more than two hours at Karachi Airport and there was no one to explain as to why the flight was late. According to her, sometimes, the PIA crew do offer explanations but many they do not bother to explain the reason of delay. She stated that such irregularities are required to be taken notice of by this Court as these directly impinge on fundamental rights like those mentioned in Article 14 of the Constitution. She stated that at least direction be issued to the Managements of PIA as well as the Civil Aviation Authority that they should take steps for ensuring that flights are operated in time. When we inquired from Raja Muhammad Bashir, Sr. ASC, as to whether anyone of the aforesaid seven officers, who had travelled from Karachi to attend the court proceedings was in a position to implement the order of this Court, he stated that he cannot say that anyone of them would be able to do the needful. This answer on his behalf is sufficient to explain the mismanagement prevailing in PIA. 8. Be that as it may, we adjourn this case for a period of two weeks with directions to the Chairman PIA as well as DG, CAA to ensure that pending decision of the case no flight is delayed and if SMC 9/2012 6 there are unavoidable circumstances, they must inform the passengers, well in time. On the next date of hearing the Chairman PIA and DG CAA will put up a comprehensive plan which they intend to initiate for the purpose of improving the condition of PIA, airports, etc. In the meanwhile, all the officers including General Managers, Marketing and Accounts shall file complete documents in respect of appointments of GSAs outside the country and the local agents within the country and the manner in which the tenders are given and the procedure, adopted for the same. Similarly, GM Human Resources shall also place on record complete record of the employees who were appointed by following the procedure in a transparent manner, which has been laid down for making recruitment and those who were appointed without following the procedure by using the phrase “contract employees” etc. and they should also ensure that in future no such appointment shall take place. Chief Justice Judge Judge Islamabad 14th December, 2012 Nisar/*

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CODE OF CRIMINAL PROCEDURE (ACT V OF 1898) PART I PRELIMINARY CHAPTER-1 1. Short title and Commencement: Extent. 2. (Repealed) 3. References to Code of Criminal Procedure and other repeated 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 and Magistrates. 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 subdivisions. Existing sub-divisions districts maintained. C—Courts and offices 9. Court of Session. 10. District Magistrates. 11. Officers temporarily succeeding to vacancies in office of District Magistrate. 12. Subordinate Magistrates. Local limits of their jurisdiction. 13. Power to put [Executive Magistrate] in charge of sub-divisions Delegation of powers to District Magistrate. 14. Special Judicial and Executive Magistrates. 15. Benches of Magistrates, Powers exercisable by Bench in absence of special direction. 16. Power to frame rules for guidance of Benches. 17. Subordination of Judicial Magistrates and Benches to Sessions Judge. Subordination of Executive Magistrates to District Magistrate. : Subordination of Executive Magistrates to Sub- Divisional Magistrate. Subordination of Assistant Sessions Judges to Sessions Judge D.—Courts of Presidency Magistrates 18-21 [Omitted]. E.—Justices of the Peace 22. Justice-of the peace for the mufassil. Punjab Amendment 22. Appointment of Justices of the Peace. 22-A. Powers of Justices of the Peace. 22-B. Duties of Justices of the Peace. 23-24. [Repealed]. 25. Ex-Officio Justices of the Peace. F.—-Suspension and Removal 26-27 [Repeated]. CHAPTER III POWERS OF COURTS A—Description of offences cognizable by each Court 28. Offences under Penal code 29. Offences tinder other laws. 29-A. [emitted], 29-B. Jurisdiction in the cases of juveniles. 30. Offences not punishable with death. B. Sentences which may be passed by Courts of various Classes. 31. Sentences which High Court and Sessions Judges may pass. 32. Sentences which Magistrates may pass. 33. Power of Magistrates to sentence to imprisonment in default of fine. 34. Higher powers of certain District Magistrates. 34-A. [Omitted]. 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 Magistrate's 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 Magistrate and Police. 43. Aid to person, other than police officer, executing warrant. 44. Public to give information of certain offences. 45. Village headman, accountants, landholders and others bound to report certain matters. 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 zenana. 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 jurisdiction. 59. Arrest by private persons and procedure on such arrest. 60. Person arrested to be taken before Magistrate or officer incharge of police-station. 61. Persons 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 arrest 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 officer not present. B:— Warrant of Arrest 75. Form of warrant of arrest. Continuance of warrant 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 bought 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 Areas. 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 by breach of bond for appearance. 93. Provisions of this Chapter general 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 COMPELL THE PRODUCTION OF DOCUMENTS AND OTHER MOVABLE PPORERTYAND 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. [Omitted]. 99-D. Order of [High Court] setting aside forfeiture. 99-E. Evidence to prove nature or tendency of newspaper. 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 incharge of closed place to allow search. 103. Search to be made in presence of witnesses. Occupant of place searched may attend. E-- Miscellaneous 104. Power to impound document, etc., produced. 105. Magistrate may direct search in his presence. PART IV PREVENTION OF OFFENCES CHAPTER VIIl OF SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR 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 and security for good Behaviour 107. Security for keeping the peace in other cases. Procedure if Magistrate not empowered to act under sub-section (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. Proviso as to European vagrants: [Repeated]. 112. Order to be made. 113. Procedure in respect of person present in Court. 114. Summons or warrant in case of person not so present. 115. Copy of order under Section 112 to accompany summons or warrant. 116. Power to dispense with personal attendance. 117. Inquiry as to truth of information 118. Order to give security. 119. Discharge of person informed against. C.—Proceedings 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 to District Magistrate to conceal any bond for keeping the peace or good behaviour. 126. Discharge of sureties. 126-A.Security for un-expired period of bond. CHAPTER IX UNLAWFUL ASSEMBLIES [AND MAINTENANCE OF PUBLIC PEACE AND SECURITY] 127. Assembly to disperse or command of Magistrate or police-officer. 128. Use of civil force to disperse. 129. Use of military force. 130. Duty of officer commanding troops required by Magistrate to disperse assembly. 131. Power of commissioned,, military officer 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 PUBUC NUISANCES 133. Conditional order for removal of nuisance. 134. Service or notification of order. 135. Person to whom order is addressed to obey or show cause or claim Jury. 136. Consequence of his failing to do so: 137. Procedure where he appears to show cause. 138. Procedure when 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. Consequences 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 OF NUISANCE OR APPREHENDED DANGER 144. Power to issue order absolute at once tri 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. Dispute concerning rights .of use of immovable property, etc. 148. Local inquiry. Order as to costs, CHAPTER XIII. PREVENTIVE ACTION OF THE POLICE 149. Police to prevent cognisable 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 POLICE AND THEIR POWERS TO INVESTIGATE CHAPTER XIV 154. Information in cognisable cases. 155. Information in non-cognisable cases. Investigation into non-cognisable eases. 156. Investigation into cognizable cases. 157. Procedure where cognizable offence suspected. Where local investigation dispensed with. Where police-officer incharge sees no sufficient ground for investigation. 158. Reports under Section 157 how submitted. 159. Power to hold investigation or preliminary inquiry. 160. Police-officer's power to require attendance of witnesses. . 161. Examination of witnesses by potted; 162. Statements to police hot 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 incharge 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, witness may be forwarded in custody. 172. Diary of proceedings in investigation. 173. Report of police officer. 174. Police to inquire to report in 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 JURISDISTION OF THE CRIMINAL COURTS OF INQUIRES 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. Offence against Railway, Telegraph, Post Office & Arms Act. 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 of offences committed Outside Pakistan. Political Agents to certify fitness of inquiry into charges. 189. Power to direct copies of depositions and exhibits to be received in evidence. B. -Conditions requisite for initiation of proceedings 190. Cognizance of offence by Magistrates. 191. Transfer on application of accused. 192. Transfer of cases by Magistrate. 193. Cognizance of offences by Courts of Session. 194. Cognizance of offences by High Court. 195. No Court shall take cognizance: 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 the discharge of public functions. 199. Prosecution for adultery or enticing a married woman. 199-A. Objection by lawful guardian to complaint by person other than person aggrieved. 199-B. Form of authorisation under second proviso to Section 198 or 199. CHAPTER XVI OF COMPLAINTS TO MAGISTRATES 200. Examination of complainant. 201. Procedure by Magistrate not competent to take cognizance of the case. 202. Postponement of issue of process. 203. Dismissal of complaints. 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 to 220. (Omitted) 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]. 227. Court may alter charge. 228. When trial may proceed immediately after alteration. 229. When new trial may be directed or trial suspended. 230. Stay of proceedings if prosecution of offence in altered charge require previous sanction. 231. 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 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. When it is doubtful what offence has been committed. 237. When a person is charged with one offence, he can be convicted of another. 238. When offence proved included in offence charged. 239. What persons may be charged jointly. 240. Withdrawal of remaining charges on conviction on one of several charges. CHAPTER XX OF THE TRIAL OF CASES BY MAGISTRATES 241. Procedure in trial of cases. 241-A. Supply of statements and documents to the accused. 242. Charge to be framed. 243. Conviction on admission of truth of accusation. 244. Procedure when no such admission is made. 244-A. Statement made under Section 164. 245. Acquittal. Sentence. 245-A. Procedure in cases of previous convictions. 246. [Omitted]. 247. Non-appearance of complainant. 248. Withdrawal of complaint. 249. Power to stop proceeding when no complaint. 249-A. Power of Magistrate to acquit accused at any stage. Frivolous Accusations in cases tried by Magistrate 250. False, frivolous or vexatious accusations. 250-A. Special summons in case of petty offences. CHAPTER XXI OF THE TRIAL OF WARRANT CASES BY MAGISTRATES 251-259. [Omitted]. CHAPTER XXII OF SUMMARY TRIALS 260. Power to try summarily. 261. Power to invest Bench of Magistrates invested with less powers. 262. Procedure prescribed in Chapter XX applicable. Limit of imprisonment. 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. Trials before Court of Session to be conducted by Public Prosecutors. 265-B. Procedure in cases triable by High Courts and Courts of Session. 265-C. Supply of statements and documents to the accused. 265-D. When charge is to be framed. 265-E. Plea. 265-F. Evidence for prosecution. 265-G. Summoning up by prosecutor and defence. 265-H. Acquittal or conviction. 265-1. 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 THE TRIALS BEFORE HIGH COURT AND COURTS OF SESSION 266--336. [Omitted]. CHAPTER XXIV GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS 337. Tender of pardon to accomplice. 338. Power to grant tender of pardon. 339. Commitment of person to whom pardon has been tendered. 339-A. Procedure in trial of person under Section 339. 340. Right of person against whom proceedings are instituted to be defended and his competency to be a witness. 341. Procedure where accused does not understand proceedings. 342. Power to examine the accused. 343. No influence to be used to induce disclosures. 344. Power to postpone or adjourn proceedings. Remand. Reasonable cause for remand. 345. Compounding offence. 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 or evidence partly recorded by one Presiding Officer and partly by another. 350-A. Changes in constitution of Benches. 351. Detention of offenders attending Court. 352. Courts to be open. CHAPTER XXV OF THE MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS 353. Evidence to be taken in presence of accused. 354. Manner of recording evidence, 355. Record in 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 or record of evidence. 358. Option to Magistrate in cases under Section 355. 359. Mode of recording evidence under Section 356 or Section 357. 360. Procedure in regard to such evidence when completed. 361. Interpretation of evidence to accused or his pleader. 362. [Omitted]. 363. Remarks respecting demeanour of witness. 364. Examination 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. 366. Sentence of death. 369. Court not to alter judgment. 370. [Omitted}. 371. Copy of judgment etc., to be given to accused. Case of person sentenced to death. 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 to High Court to confirm sentence or annual conviction. 377. Confirmation of new sentence to be signed by two Judges. 378. Procedure in case of difference of opinion. 379. Procedure in cases submitted to High Court for confirmation. 380. Procedure in cases submitted by Magistrate not empowered to act under Section 562. CHAPTER XXVIII OF EXECUTION 381. Execution of order passed under Section 376. 382. Postponement of capital sentence on pregnant woman. 382-A. Postponement of execution of sentences of imprisonment under Section 476 or for a period of less than one year. 382-B. Period of detention to be considered while awarding sentence of imprisonment. 382-C. Scandalous or false and frivolous pleas to be considered in passing sentence. 383. Execution of sentences of transportation 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 sentence on escaped convicts. 397. Sentence of offender already sentenced for another offence. 398. Saving as to Sections 396 and 397. 399. Confinement of youthful offenders in reformatories. 400. Return of warrant on execution of sentence. CHAPTER XXIX OF SUSPENSIONS, REMISSIONS AND COMMUTATIONS OF SENTENCES 401. Power to suspend or remit sentences. 402. Power to commute punishment. 402-A. Sentence of death. 402-B. Certain restrictions on the exercise of powers by Provincial Government. 402-C. Remission or commutation of certain sentences not to be without consent. 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 tie. 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. 400-A. Appeal from order refusing to accept or rejecting a surety. 407. [Omitted] 408. Appeal from sentence of Assistant Sessions Judge or Judicial Magistrate. 409. Appeals to Court of Session how heard. 410. Appeal from sentence of Court of Session. 411. [Omitted] 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 Sections 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 appeals--Release of appellant on bail. 427. Arrest of accused in appeal from acquittal. 428. Appellate Court may take further evidence or direct it to be taken. 429. Procedure where Judges of Court of Appeal are equally divided. 430. Finality of orders on appeal. 431. Abatement of appeals. CHAPTER XXXII OF REFERENCE AND REVISION 432--434. [Omitted]. 435. Power to call for records of Inferior Courts. 436. Power to order further inquiry. 437. [Omitted]. 438. [Omitted]. 439. High Court's powers of revision. 440. Option with Court to hear parties. 441. [Omitted]. 442. High Courts order to be certified to lower Court or Magistrate. PART VIII SPECIAL PROCEEDINGS CHAPTER XXXIII 443-463. [Omitted]. CHAPTER XXXIV LUNATIC 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. 466. 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] 473. Procedure where lunatic prisoner is reported capable of making his defence. 474. Procedure where lunatic detained under Section 466 or 471 is declared fit to be released. 475. Delivery of lunatic to care of relative or friend. CHAPTER XXXV PROCEEDINGS IN CASE OF CERTAIN OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE 476. Procedure in cases mentioned in Section 195. 476-A. Forwarding of cases for trial by Courts having jurisdiction. 476-B.[Omitted]. 477. [Repealed]. 478-479. [Omitted]. 480. Procedure in certain cases of contempt. 481. Record in such cases. 482. Procedure where Court considers that case should not be dealt with under Sec. 480. 483. When Registrar or Sub-Registrar to be deemed a Civil Court within Sections 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 Judges- and Magistrates not to try offences referred to in Section 195 when committed before them. CHAPTER XXXVI OF THE MAINTENANCE OF WIVES AND & CHILDREN 488-490. [Omitted}. CHAPTER XXXVII DIRECTIONS OF THE NATURE OF A HABEAS CORPUS 491. Power to issue directions of the nature of a habeas corpus. 491-A. [Omitted] 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 ease of non-boilable offence. 498. Power to direct admission to bail or reduction of bail. 498-A. No bail to be granted to a person not in custody, in Court or against whom no case is registered, etc. 499. Bond of accused and sureties. 500. Discharge from custody. 501. Power to order sufficient bail when that first taken is insufficient. 502. Discharge of sureties. CHAPTER XL OF COMMISSIONS FOR THE EXAMINATION OF WITMESSES 503. When attendance of witness may be dispensed with. 504. [Omitted]. 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. Power to summon medical witness. 510. Report of Chemical Examiner Serologist. 511. Previous conviction or acquittal how proved. 512. Record of evidence in absence of accused. Record of evidence when offender unknown. CHAPTER XLII PROVISIONS AS TO BONDS 513. Deposit instead of recognizance. 514. Procedure on forfeiture of bond. 514-A. Procedure in case of insolvency or death of surety or when a bond is forfeited. 514-B. Bond required from a minor. 515. Appeal from, and revision of, orders under Section 514. 516. Power to direct levy of amount due on certain recognizance. 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 Sections 517,518 or 519. 521. Destruction of libellous 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 OF CRIMINAL CASES 526. High Court may transfer case or itself try it. Notice to Public Prosecutor of application under this section. Adjournment on application under this section. 526-A. [Omitted]. 527. Power of Provincial Government to transfer cases and appeals. 528. Sessions Judge may withdraw cases from Assistant Sessions Judge. 528-A. Powers of District Magistrate for transfer of cases, etc. CHAPTER XLIV-A SUPPLEMENTARY PROVISIONS RELATING TO EUROPEAN AND PAKISTANI BRITISH SUBJECTS AND OTHERS [Omitted] CHAPTER XLV OF IRREGULAR PROCEEDINGS 529. Irregularities which do not vitiate proceedings. 530. Irregularities, which vitiate proceedings. 531. Proceedings in wrong place. 532.- [Omitted]. 533. Non-compliance with provisions of Section 164 or 364. 534. [Omitted]. 535. Effect of omission to prepare charge. 536. [Omitted]. 537. Finding or sentence when reversible by reason of error or Omission in charge or other proceedings. 538- Attachment not illegal, person making same not trespasser for defect or want of form in proceedings. CHAPTER XLVI MISCELLANEOUS 539. Court and persons before whom affidavits may be sworn. 539-A. Affidavit in proof of conduct of public servant. 539-B. Local inspection. 540. Power to summon material witness or examine person present. 540-A. Provision for inquiries and trial being held in the absence of accused in certain cases. 541. Power to appoint place of imprisonment. Removal to criminal jail of accused or convicted Persons who are in confinement in civil jail and their return to the civil Jail. 542. Power of Presidency Magistrate to order prisoner in Jail to be brought up for examination. 543. Interpreter to be bound to interpret truthfully. 544. Expenses of complainants and witnesses. 544-A. Compensation of the heirs to the persons killed, etc. 545. Power of court to pay expenses of compensation out of fine. 546. Payments to be taken into account in subsequent suit. 546-A. Order of payment of certain fees paid by complainant in non-cognizable cases. 547. Moneys ordered to be paid recoverable as fines. 548. Copies of proceedings. 549. Delivery to military authorities of persons liable to be tried by Court-martial. Apprehension of such persons; 550. Powers of police to seize property suspected to be stolen. 551. Powers of superior officers of police. 552. Powers to compel restoration of abducted females. 553. [Repealed]. 554. Power of High Courts of make rules for inspection of records of subordinate Courts. Powers of High Courts to make rules for other purposes. 555. Forms. 1556. Case in which Judge or Magistrate is personally interested. 557. Practising pleader not to sit as Magistrate in certain Courts. 558. Powers to decide language of Court. 559. Provision for powers of Judges and Magistrates being exercised by their successors -in-office. 560. Officers concerned in sales not to purchase or bid for property. 561. [repealed]. 561 -A. Saving of inherent power of High Court. 562. [repealed]. 563--564. [repealed]. Previously convicted offenders 565. Order for notifying address of previously convicted offender. SCHEDULE I.- [Repealed]. SCHEDULE II.- Tabular Statement of Offences. SCHEDULE III.- Ordinary Powers of Provincial Magistrates. SCHEDULE IV. Additional Powers with which Magistrates may be invested. SCHEDULEV. Forms. CODE OF CRIMINAL PROCEDURE An act to consolidate and amend the law relating to the criminal procedure [22nd March, 1899] Preamble: Where as it is expedient to consolidate and amend the law relating to criminal Procedure, it is hereby enacted as follows. 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) Extent: It extends to 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, new in force, or any special jurisdiction or power conferred or any special form of procedure prescribe by any other law for the time being in force. 2. [Repeal of enactments, notifications, etc., under repealed Acts, Pending cases]: Repealed by the Repealing and Amending Act, 1914 (X of 1914). 3. References 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 so far as may be practical 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". And the expression “joint Sessions Judge” shall mean "Additional Sessions Judge". 4. Definitions: (1) In this Code the following words and expressions have the following meanings, unless a different intention appears from the subject or content:- (a)"Advocate-General”: "Advocate-General” includes also a Government Advocate or, where there is no 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 than one. (d) [Rep. by Act (XI of 1923), section 3 and Schd. I] (e) [Omitted by Law Reforms Ordinance (XII of 1972), Schd. Item I]. (f) ''Cognizable offence" , "cognizable case": "Cognizable offence" means an offence for, and cognizable case" means a ease 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) [Rep. by the 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 report of a police officer. (i) [Rep. by the 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 that 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 authorised 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. (m-a) "Magistrate" means a Judicial Magnate and includes a Special Judicial Magistrate appointed under Sections 12 and 14. Clause m-a inserted. by Ordinance, XXXVII of 2001, dt.l3-8-2001. (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 with our 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 complainant may be made under Section 20 of the Cattle Trespass Act, 1871. (p) "Officer incharge of a police station": "Officer incharge of a police station" induces, when the officer incharge of the police station is-absent from tile station house or unable from illness or 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 for a mukhtar authorised under any law for the time being in force to practise in such Court, and includes (1) an advocate, a vakil and an attorney of a High Court so authorised and (2) any other .person appointed with permission of the court to act in such proceeding. (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. (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. (u) "Sub-division": Sub-division means a sub-division of a district. (v) & (w) [Omitted by Law Reforms Ordinance, XII of 1972, Sched, item 1] (2): Words referring to acts: Words which refer to acts done, extend also to illegal omissions; and words to have same meaning as in Pakistan Penal Code: All words and expressions used herein and defined in the Pakistan Penal Code, and not herein before defined, shall be deemed to have the meanings respectively attributed to them by that Code. 5. Trial of offences under Penal Code: (1) All offences, under the Pakistan Penal Code Shall be investigated, enquired 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, enquired 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 POWER 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 Magistrate. [(2) There shall be the following classes of Magistrate, namely:- (i) Magistrate of the First Class;: (ii) Magistrate of the Second Class; and (iii) Magistrate of the Third Class,] S. 6 subs by them 2 of Punjab Notification No. SO(J-ll) 1-8/75 (P-v), dated ^f-3-1996 for Punjab and by same ltem No. of Islamabad Notification No. S.R.O. 255(1)/96. dated ;8-4"1996 for Islamabad only. Sub Section (2) Subs. by Ordinance, XXXVII of 2001, dt.l3-8-2001. B.----Territorial Divisions 7. Sessions divisions and districts: (1) Each Province shall consist of sessions divisions; and every sessions division 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 maintained till altered: 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. (4) [Repeated by the Federal Laws (Revision and Declaration) Act, XXVI of 1951, Section 3 and II Sched.] 8. Power to divide districts into sub-divisions: (1) The Provincial Government may divide any district into sub-divisions, or make any portions of any such district a sub- division and may alter the limits of any sub-division. (2) [Omitted by the Ordinance XXXVII of 2001 dt. 13-8-2001.] C. —Courts and offices 9. Court of Session: (1) The Provincial .Government shall establish a Court of Session for every sessions 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 Courts of Session shall Hold their sittings as heretofore. (3) The Provincial Government may also appoint Additional Sessions Judges and Assistant ,Sessions Judges to exercise jurisdiction in one or more such Courts. ' (4) A Sessions Judge of one sessions division may be appointed by the Provincial Government to be also an Additional Sessions Judge of another division, and in such case he may sit for the disposal of case 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. [Omitted by the Ordinance XXXVII of 2001dt. 13-8-2001.] 11. [Omitted by the Ordinance XXXVII of 2001 dt:13-8-2001.] 12. Subordinate Magistrates: (1) Provincial Government may appoint as many persons as it thinks fit to be Magistrates of the first, second or third class in any district, from time to time, define focal 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. 13. [Omitted by the Ordinance XXXVII of 2001 dt:13-8-2001.] 14. Special Judicial: (1) The Provincial Government may, on the recommendation of the High Court, confer upon any person including a former Executive Magistrate 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. Words ins. by Ordinance, XXXVII of 2001, dt.l3-8-2001. (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. Sec. 14 substituted by Item No.6 Punjab Notification No. SO(J-II) 1-8/75 (P-V), dated 21.3.1996 for Punjab and by same Item No. of Islamabad Notification No. S.R.O. 255(1)96, dated 8.4.1996 for Islamabad only. 15. Benches of Magistrates: (1) The Provincial Government may direct any two or more 9[judicial Magistrates] in any place to sit together as a Bench, an may by order invest such Bench with any of the powers conferred. or conferable by or under this Code on a Magistrate of 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 far 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 Magistrate, 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 Magistrates and Benches to Sessions Judge: (1) all Magistrates appointed under section 12, 13 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) All Executive Magistrates appointed under sections 13 and 14 shall be Subordinate to the district Magistrate and he may, from time to time, make rules or give social 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) 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. Sub-sections (1) and (2) subs. by Item No.9(I) of Punjab Notification No.SO(J-II) 1-8/75 ((P-V), dated 21.3.1996 for Punjab and by same item No. of Islamabad Notification No.S.R.O. 255(I)/96, dated 8.4.1996 for Islamabad only. (3) Subordination of Assistant Sessions Judges to Sessions Judge: All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction, and he may, from time to time, make rules consistent with this code as to the distribution of business among such Assistant Sessions Judges. (4) The Sessions 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. (5) [Omitted by the Ordinance, XXXVII of 2001, dt: 13.8.2001]. D------Courts of Presidency Magistrates. 18 to 21: Appointment of Presidency Magistrates, Benches, Local limites of jurisdiction, Chief Presidency Magistrate: [Omitted by A.O., 1949, Sched.] E.----Justices of the Peace 22. Justice of the peace for the mufassil: 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 an foreign State as it thinks fit to be Justices of the peace within and for the local area mentioned in such notification. PUNJAB AMENDMENTS 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 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 Justices of the Peace: A Justice on 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 sub- section (1) shall, forthwith, take or cause to be taken the person arrested before the officer incharge 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 and aid under sub-section (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 incharge of the nearest Police Station; b) if the offence referred to in clause (a) is a cognizable offence, also prevent the removal of anything 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 nder Chapter XIV in respect of any offence committed within such local area,-- i) render all assistance to the police officer in 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 and 24. [Rep. By Act (XII of 1923), Section 4] 25. Ex-Officio Justices of the Peace: In virtue of their respective officers, the judges of the High Court are Justices of the Peace within and for whole of Pakistan, Sessions Judges 17[***] 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 and 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----Descritpion 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 Court of Session, or © by any other Court by which such offence is shown in the eighth column of the Second Schedule to be triable. Proviso: [Omitted by the Ordinance, XXXVII of 2001, dt. 13-8-2001.] 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 offence is shown in the eighth column of the Second Schedule to be triable. Proviso: [Omitted by the Ordinance, XXXVII of 2001, dt. 13-8-2001.] 29-A [Omitted by (Act II of 1950).] 29-B. Jurisdiction in the cases of juveniles: Any offence, other than one punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before a Court is under the age of fifteen years, may be tried by any Judicial Magistrate specially empowered by the Provincial Government to exercise the powers conferred by Section 8, sub-section (1) of the Reformatory School Act, 1897, or, in any area in which the said Act is not applicable, by any other law providing for the custody, trial or punishment of youthful offenders, by any Magistrate empowered by or under such law to exercise all or any of the powers conferred thereby. Section 29-B subs. by Item No.12 of Punjab Notification No.SO(J-II) 1-8/75(P.V), dated 21.3.1996 for Punjab and by same Item No. of Islamabad Notification No.S.R.O. 255(I)/96, dated 8.4.1996 for Islamabad only. [30. Offences not punishable with death: Notwithstanding anything contained in Sections 28 and 29, the Provincial Government may invest any Magistrate of the First Class with power to try as a Magistrate all offences not punishable with death.] Sec. 30 subs. by ordinance, XXXVII of 2001, dt: 13.8.2001. B.---Sentences which may be passed by Courts of various Classes. 31. Sentences which High Court and Sessions Judges may pass: (1) High Court may pass any sentences Authorised by law. (2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court. (3) An Assistant Session Judge may pass any sentence authorised by law, except a sentence of death or of imprisonment for a term exceeding seven years. 32. Sentences which Magistrates may pass: (1) The Courts of 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; Fine not exceeding forty five 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 authorised by law; Fine not exceeding fifteen thousand rupees; c) Courts of Magistrates of the Third Class; Imprisonment for a term not exceeding one month; Fine not exceeding three thousand rupees. (2) The Court of any Magistrate may pass any lawful sentence, combining any of the sentence which it is authorised by law to pass. (3) Whipping (if specially empowered): [Rep. by the Whipping Act (IV 1909), Section 8 & Sched,] 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 authorised by law in case of such default: Proviso as to certain cases:- Provided that— (a) the term is not 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-forth 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 awarded by the Magistrate under Section 32. 34. Higher powers of certain: The court of a Magistrate, specially empowered under Section 30, may pass any sentence authorized by law, except a sentence of death or of imprisonment for a term exceeding seven years. 34-A. Sentence which courts and Magistrates may pass upon European British subjects: [omitted by the Criminal law (Extinction of Discriminatory Privileges) Act, 1949(II of 1950), Sched. 35. Sentence in case of conviction of several offences at one trial:- (1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 71 of 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 27[***} 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) Maximum term of punishment: In the case of consecutive sentences, 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:- (a) in no case shall person be sentenced to imprisonment for a longer period than 14 years; (b) if the case is tried by a Magistrate 28[ ***], 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 sentence passed under this section in case of conviction for several offences at one trial shall be deemed to be a single sentences. C---Ordinary and Additional Powers 36. Ordinary Powers of Magistrates: All Magistrate have the powers hereinafter respectively conferred upon them and specified in the Third Schedule. Such powers are called "their ordinary powers". 37. Additional powers conferrable on Magistrates: On the recommendations of the High Court, the Provincial Government may, in addition to the ordinary powers, invest any Magistrate with any powers specified in the Fourth Schedule. Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001. 38. Control of District Magistrate's inventing power: [Omitted by Ordinance, XXXVII of 2001- dt. 13-8-2001.] 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 or officials generally by their official titles., (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. Withdrawal of Powers: The Provincial Government may on the recommendations of the High Court, withdraw all or any power conferred by it under this Code on any person or Magistrate. Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001. 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: Every person is bound to assist a Magistrate [Justice of the 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. [Words inserted by Item No. 21 of Punjab Notification No. SO (J-ll) 1-8/75 (P.V.), dated 21-3-1996 for Punjab and by same Item No. of Islamabad Notification No. S.R.O. 255(l)/96, dated 8-4-1996 for Islamabad only]. 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 hear 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-A. 124,124-A, 125, 126, 130, 143, 144, 145, 147, 148, 153-A, 161, 162, 163, 164, 165. 168, 170, 231, 232, 255, 302, 303, 304, 304,304-A, 364-A, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402. 435, 436, 449, 450, 456, 457, 458, 459, 460 and 489-A, shall, in the absence of reasonable excuse, the burden of proving which 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. Words subs- by Law Reforms Ordinance (XII of 1972). Words inserted by Item No. 22 (//) of Punjab Notification No. SO (J-ll) 1-8/75 (P.V.), dated 21-3-1996 for Punjab and by same Item No of Islamabad Notification No. S.R.O. 255<1)/96, dated 8-4-1996 for Islamabad only. (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 Headman, accountant, landholders and others bound to report certain matters: (1) Every village headman, village accountant,; village watch man, village police officer, owner or occupier of land, and the agent of any such owner or occupier incharge of the management of that land and every officer employed in the-collection of revenue or rent of land on he part of the Government or the Court of Wards, shall forthwith communicate to the nearest Magistrate, {Justice of the Peace} or to the officer incharge of the nearest police station whichever is the nearer, any information which may possess respecting- (a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in any village of which he is headman, accountant, watch man 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 on whom he knows or reasonably suspect 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-boilable 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 of 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 read 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; Words inserted by Item No. 23 of Punjab Notification No. SO(J-11) l-5/75 (P.V.), dated 21-3-1996 for Punjab and by same Item No. of Islamabad Notification No. S:RO. 255(1)/96, dated 8-4-1996 for Islamabad only. (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, 237, 238,302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449. 450, 457, 458, 459, 460, 489-A, 489-B, 489-C and 489-D; (f) any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property, respecting which [any officer authorised by the Provincial Government] 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 Federal 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, 362 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 448, 450, 457, 458, 459and 460. (3) Appointment of village-headmen in certain cases for purposes of this section: Subject to rules in this behalf to be made by the Provincial Government, the [District officer (Revenue)] 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. Words subs by Ordinance, XXXVIl of 2001, (dt. 13-8-2001). CHAPTER V OFARREST,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) Restating endeavour to arrest: If such person forcibly resists the 'endeavour 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]. Words subs, by Criminal Procedure (Amendment) Act, XXV of 1974 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 parson 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 bpportunity 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 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 duly made, he can not otherwise obtain admittance. Breaking open zenana: 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 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 women: 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 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-- first, 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; eighthly, any released convict committing a breach of any rule made under Section 565, sub-section (3); ninthly, 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 therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition. (2) [Omitted byA.0., 1949, Sch.]. 55. Arrest of vagabonds, habitual robbers, etc.: (1) Any officer Incharge 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 not 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 persons in fear of injury. (a) [Omitted by AO, 1949, Sch.] 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 required 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. (2) [Omitted by the AO., 1949, Sch.] 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 the nearest Magistrate having jurisdiction. Words inserted by Law Reforms Ordinance, XII of 1972. 58. Pursuit of offenders into other jurisdiction: A police-officer may, for the purpose pf arresting without warrant any person whom he is authorized to arrest under this Chapter pursue such person into anyplace in Pakistan. [Explanation: In this section, '''police-officer' includes a police-officer acting under this Code as in, force in Azad Jammu and Kashmir]. Explanation added by Code of Criminal Procedure (Amendment) Act, VIII of 1993 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 cause 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 provisional 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 incharge 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 or send the person arrested before a Magistrate having jurisdiction in the case or before the officer incharge of a police-station. 61. Persons arrested not to be detained more than twenty-four hours: No police- officer shall detain in custody a person arrested without warrant for period longer 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 incharge of police-stations shall report to the [Zila Nazim, District Superintendent of Police and District Public Safety Commission, set up under the Police Act, 1861 (V of 1861), simultaneously] , the cases of all persons arrested without warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise: [Provided that in the application of this sectionto the districts where the local Government elections have not been held or the Zila-Nazim has not assumed charge of office, any reference in this section to the Zila Nazim shall be read as a reference to the District Coordination Officer in relation to such districts: . Provided further that the aforesaid proviso shall cease to have effect and shall be deemed to have been repealed at the time when Local Governments are installed in the districts As aforesaid.] Substituted by Ordinance XXXVII of 2001, dt. 13.8.2001 Proviso added by Ordinance XLIII of 2001, dt. 29.8.2001 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 provisions 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 Sections 47, 48 and 49 to apply to arrest under Section 66: The provisions of Sections 47, 48 and 49 shall apply to arrests under Section 66, although the person making any such arrest is not acting under a warrant and is not a police-officer having authority to arrest. 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 to time, by rule, direct. (2) Summons by whom served: Such summons shall be served by a police officer, or subject to such rules as the Provincial Government may prescribe in this behalf by an officer 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.] (3) [Omitted by A.O., 1949, Sch.] Proviso added by Law Reforms Ordinance. 1972. 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) Every person on whom a summon is to be served shall sign a receipt thereof on the back of the other duplicate. (3) Signature of receipt for Summons: 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, to such case the service shall be deemed to have been 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, if so required by the serving officer, sign a receipt therefore 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 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 servant of, State or of Railway Company : (1) Where the person summoned is in the active service of the State or of a Railway 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 ordinarily send such summons in duplicate to a Magistrate within the local limits of whose jurisdiction the person summoned resides or is to be there served. 74. Proof of service in such cases and when serving officer not present: (l)When a summons issued by a Court is served outside the local limits of its jurisdiction, and in any case where the officer 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 and 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 statements 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 cancelled by the Court which issued it, or until it is executed. 76. Court may direct security to be taken: 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 execute a 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 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 to be respectively bound; and (c) the time at which he is to attend before the Court. (3) Recognizance to be forwarded: Whenever security is taken under this section the officer to whom the warrant is directed shall forward the bond to the Court. - 77. Warrants to whom directed: (1) 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 or persons shall execute the same. (2) Warrants to several persons: 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 landholders, etc.: (1) A [Magistrate of the First Class] may direct a warrant to any landholder, farmer or manager of land within the 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 of 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. Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001 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 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 in force in Azad Jammu and Kashmir] Explan. added by Code of Criminal Procedure (Amendment) Act. Vlll of 1993. 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 locate 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 police 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 execute 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 police-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 ^h any place beyond the local limits of the jurisdiction of the Court which issued it. (4) [Omitted by. A.O., 1949]. 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 mites of the place of arrest or is nearer than the Magistrate or District Superintendent of Police within the focal 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, or District Superintendent or a direction has been endorsed under Section76 on the warrant and such person is ready and willing to give the security required by such direction, the Magistrate, or 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] 2nd Proviso added by Law Reforms Ordinance, XII of 1972 (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 Areas: Where a person, arrested under Section 85 is to be removed in custody to, any place in the Tribal Areas, he shall be produced 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 powers to order the production of evidence, as it 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. Section 86-A added by Law Reforms Ordinance, XII of 1972. 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 homestead 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 the 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 authorise the attachment of any property belonging to such person without such district when endorsed by the [Sessions Judge] within whose district such property is situated. (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 (a) 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 [District Officer (Revenue)] in which the land is situated, and in all other cases-- (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 livestock 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) 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. (6-A) 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. (6-B) Claims or objections under sub-section (6-A) 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 [Sessions Judge] in accordance with the provisions of sub-section (2) in the Court of such Magistrate. (6-C) Every such claim or objection shall be inquired into by the Court [or Magistrate] in which it is preferred or made. Proviso: [Omitted by Ordinance, XXXVII of 2001, dt. 13-8-2001.] (6-D) Any person whose claim or objection has been disallowed in whole or in part by an order under sub-section (6-A) 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 the property in dispute; but subject to the result of such suit, if any, the order shall be conclusive. (6-E) 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 (6-A) has been disposed of under that sub-section, unless if 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. Subs./ins. by Ordinance, XXXVII of 2001, dt. 13-8-2001. 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 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, the 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 other than a juror or assessor, 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 reasons to believe that he has absconded or will not obey the summons; or (b) it 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 summons 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. Provisions of this Chapter generally applicable to summons and warrants of arrest: The provisions contained in this Chapter relating to a summons and warrant, 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 Federal 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 that Court to whom it was sent were a Magistrate in Pakistan, 93-B. Sending of warrants 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 Federal 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 Federal 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 from 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.] Sections 93-A--93-C added by Code of Criminal Procedure (Amendment) Act. XIV of 1914. CHAPTER VII OF PROCESSES 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 incharge 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 officer 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 Banker's Books Evidence Act, 1891 (XVII of 1891), and relates, or might disclose any information which relates to the bank account of any person except-- (a) for the purpose of investigating an offence under Sections 403, 406, 408 and 409 and. Sections 421 to 424 (both inclusive) and Sections 465 to 477-A (both inclusive) of the Pakistan Penal Code, with prior permission in writing of a Sessions Judge ; and (b) in other cases, with the prior permission in writing of the High Court. (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, Sections 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. 95. Procedure as to letters and telegrams: (1) If any document, parcel or thing in such custody is, in the opinion of any Magistrate, High Court or Court of Session 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 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 document 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 proceedings 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 provision hereinafter contained, [Omitted by the Ordinance XXXVII of 2001, dt. 13.8.2001] 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 tfte place or part so specified. 98. Search of house suspected to contain stolen property, forged documents, etc.: (1) If a 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, [bank notes, currency notes] or coins or instruments or materials for counterfeiting coin or stamps, [bank notes or currency notes] for forging, or that any forged documents, false seals or counterfeit stamps, [bank notes, currency notes] or coins, or instruments or materials for counterfeiting coins or Stamps or [bank notes. currency notes] 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 he required, such place, and (b) to search the same in manner specified in the warrant, and . (c) to take possession of any property, document, seals, stamps or [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 material 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, stamps, 3o[bank notes, currency notes], coins, instruments or materials or such obscene objects knowing or 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], coins, instruments or materials to have been forged, falsified or counterfeited, or the said instruments or materials to have been or to be intended to be used for counterfeiting coin or stamps, [bank notes, currency notes] or for forging 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 Section 16 of the Customs Act, 1969; (b) pieces of 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. Words subs. by Law Reforms Ordinance, (XII of 1972) 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 herein 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 he 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 [West Pakistan Press and Publications Ordinance, 1963, or any other- law relating to press-and publication for the time being in force], . (b) any document, wherever printed, appears to the Provincial Government to contain any treasonable or 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 any such class, by inputting the religion or religious belief of that class, [or any matter, of the nature referred 1to in clause (ii) of sub-section (1) of Section 24 of the West Pakistan Press and Publication Ordinance,1963] that is to say, any matter the publication of which is punishable under Section 123-A or Section 124-A-or Section 154-A or Section 295-A [or Section 298-A or Section 298-B or Section 298-C] 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 platter 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. Substituted by Law Reforms Ordinance (XlI of 1972). Inserted by Anti-Islamic Activities of Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance (XX of 1984). 33. Inserted by Anti-Islamic Activities of Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance (XX of 1984), 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 99-A. [(2) Nothing in subsection (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 99-A.] 99-C. [Omitted by Law Reforms Ordinance, XII of 1972]. 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 treasonable or seditious or other matter of such a nature as is referred to in sub-section (1) of Section 99-A, set aside the order of forfeiture. (2) [Omitted by Law Reforms Ordinance, XIl of 1972]. Words inserted/substituted by Law Reforms Ordinance (XII of 1972). 99-E. Evidence to prove nature or tendency of newspaper: 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 or 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 99-A shall be called in question in any Court otherwise than in accordance with the provisions of Section 99-B. C.—Discovery of persons wrongfully confined 100. Search for persons wrongfully confined: If any Magistrate of the First Class 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. -Genera/ 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 alt search-warrants issued under Section 96, Section 98, Section 99-A 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 dosed, any person residing in, or being incharge 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 witnesses: (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 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 this 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 witnesses, shall be delivered to such occupant or person at his request. (4) When any person is searched under Section 102, sub-section (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 any order in writing delivered or tendered to him, shall be deemed to have committed an offence under Section 187 of the Pakistan Penal Code. E. —Miscellaneous 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 OPSECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR 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 VIll of the Pakistan Penal Code, other than an offence punishable under Section 143, Section 149, Section 153-A 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 Session, or the Court of 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] exercising its powers of revision. Words subs. by Law Reforms Ordinance (XII of 1972). B-Security for keeping the peace in other cases and security for good behaviour 107. Security for keeping the peace in other cases: Whenever [Magistrate of the First Class] is informed that any person is likely to commit a breach of the peace, disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity, 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 one year as the Magistrate thinks fit to fix. (2) Proceeding 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 [except with the approval of the Sessions Judge], 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 if 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 tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity, 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 reasons; 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. Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001. 108. Security for good behaviour from persons disseminating seditious matter: Whenever [Magistrate of the First Class] 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 any wise abets the dissemination of- (a) any seditious matter, that is to say, any matter the publication of which is punishable under Section 123-A or Section 124-A of the Pakistan Penal Code, or (b) any matter the publication of which is punishable under Section 153-A 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 manner 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 behaviour for such period, not exceeding one year, as the Magistrate thinks fit to fix. No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, [the provisions of the Press and Publications Ordinance, 1960, the West Pakistan Press and Publications Ordinance, 1963, or any other law relating to Press and Publication for the time being in force] with reference to any matters contained in such publication, except by the order or under the authority of the Provincial Government or some officer empowered by the Provincial Government in this behalf. Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001 Words subs. by Law Reforms Ordinance (XIl of 1972). 109. Security for good behaviour from vagrants and suspected persons: Whenever a [Magistrate of the First Class] 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 behaviour for such period, not exceeding [three years,] as the Magistrate thinks fit to fix. Subs. by Ordinance, XXXVtl of 2001, dt. 13-8-2001. Substituted for the words "one year" by Item 44 (ii) of Punjab Notification No. SO(J-11) 1-8/75 (P-V), dated 21-3-1996 for Punjab and by same Item No- of Islamabad Notification No. S.R.O. 255(i)/96, dated 8-4-1996 for Islamabad only, 110. Security for good behaviour from habitual offenders: Whenever a [Magistrate of the First Class] receives information that, any person within the local limits of his jurisdiction— (a) is by habit 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 harbours 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 Cede, or under Section 489-A, Section 489-B. Section 489-C or Section 489-D of that Code, or (e) habitually commits, or attempts to commit, or abets the commissions of, offences involving a breach of the (f) 1s 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 behaviour for such period, not exceeding three years, as the Magistrate thinks fit to fix. Subs by Ordinance, XXXVII of 2001, dt. 13-8-2001. 111. Proviso as to European vagrants: [Rep. by the Criminal Law Amendment Act, 1923 (XI of'1923), Section 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 be 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 of information shall be recorded by the Magistrate), that there is reason to tear 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 or 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 may permit him to appear by a pleader. 117. Inquiry as to truth of information: 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 trial 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 tranquillity 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 behaviour 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 behaviour, 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 that those specified in the , order under Section 112. (4) For the purposes of this section the fact that a person is an habitual offender or is so desperate and dangerous as to render him 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. Sub-sec. (2) substituted by Law Reforms Ordinance (XII of 1972). 118. Order to give security: (1) If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, with or without sureties the Magistrate shall make an order accordingly: Provided-- first, 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 bond shall be executed only by his sureties. 119. Discharge of person informed against: If, on an inquiry under Section 117, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that 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 such person is in custody, only for the purpose 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 cases 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 behaviour, as the case may be, and in the latter 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 purpose 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 warrants, 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 does 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 Session: 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 case as he thinks fit: Provided that the period (if any) for which any person is imprisoned for failure to give security shaft 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 any one 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 (3-A) 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 border, 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 behaviour 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 of Magistrate m each case directs. 124. Power to release persons imprisoned for failing to give security: (1) Whenever the [Sessions Judge] 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 [Sessions Judge] 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 [Sessions Judge] 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 [Sessions Judge.] 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 [Sessions Judge] 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. Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001. 125. Power to District Magistrate to cancel any bond for keeping the peace or good behaviour: The [Sessions Judge] may, at any time, for Sufficient reasons to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under this Chapter by order of any Court in his district riot superior to his Court. Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001. 126. Discharge of sureties: (1) Any surety for the peaceable Conduct or good behaviour of another person may at any time apply to [concerned Magistrate of the First Class] 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. Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001. [126-A. Security for unexpired period of bond: 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 is 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.] S. 126-A. inst. by Code of Criminal Procedure (Amendment) Act, XVIII of 1923. CHAPTER IX UNLAWFUL ASSEMBLIES AND MAINTENANCE OF PUBLIC PEACE AND SECURITY 127. Assembly to disperse on command of Magistrate or police officer: (1) Any 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, Sch.] 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 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: [provided that for diapering any assembly, firing shall not be resorted to except under the specific directions of an officer of the police not below the rank of an Assistant Superintendent or Deputy Superintendent of Police.] Proviso added by the Ordinance. XXXVII of 2001. dt. 13-8-2001. 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 (the police officer of the highest rank not below an Assistant Superintendent, or Deputy Superintendent, of Police] who is present may cause it to be dispersed by the armed forces. 130. Duty of officer commanding troops required by Magistrate to disperse assembly: [(1) When 2o[a police officer of the highest rank not below an Assistant Superintendent, or Deputy Superintendent, of Police] 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 [or such Police officer] 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]. (2) Every such officer shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons. Sub-sec: (1) substituted by Code of Criminal Procedure (Amendment) Act, XLIX of 1975. Subs. & ins. by Ordinance, XXXVII) of 2001, dt. 13-8-2001. 131. Power of commissioned military officers to disperse assembly: When the public security is manifestly endangered by any such assembly, and when [no police officer of the highest rank not below an Assistant Superintendent, or Deputy Superintendent, of Police] 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, white, he is acting under this section, it becomes practicable for him to communicate with [a Police officer not below the rank of Assistant Superintendent or Deputy Superintendent of Police.] he shall do so, and shall thenceforward obey the instructions of the [such Police officer] 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 may, on the request of the Provincial Government, direct, any officer of the armed forces or civil armed forces to render such assistance with the help of the 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 sub-section (1), every officer shall, as far as may be, follow the restrictions and conditions laid down in the Code.] Section 131-A inserted by Code of Criminal Procedure (Second Amendment) Ordinance, LXI of 1996, Section 3. Subs. & ins. by Ordinance, XXXVII) of 2001, dt. 13-8-2001. 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 police officer acting under this Chapter in God 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 Section 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 [sailor or airman in the armed forces] except with the sanction of the Federal Government. Words inserted by Code of Criminal Procedure (Second Amendment) Order, LXt of 1996, Section 5. [l32-A. Definitions: In this Chapter-- (a) the expression "armed forces" means the military, naval and air forces, operating as land forces and includes any other armed forces of Pakistan so operating; (b) "officer", in relation to the armed forces, means a person commissioned, gazetted 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 (a).] S. 132-A inserted by Code of Criminal Procedure (Amendment) Act, XUX of 1975, Sections- CHAPTER X PUBLIC NUISANCES 133. Conditional order for removal of nuisance: (1) Whenever a [Magistrate of the First Class] considers, on receiving a police-report or other information and on taking such evidence (if any) as he 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 of 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 is 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 fait and thereby cause injury to persons living or carrying on business in the neighbourhood 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, to remove such obstruction or nuisance; or to desist from carrying on, or to remove or regulate in such manner as maybe directed, such trade or occupation, or to remove such goods or merchandise, 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 [Magistrate of the First Class] or Second Class, 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 duty 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. Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001. 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 may 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 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. Words subs. by Law Reforms Ordinance, XII of 1972. 138. Procedure when he claims Jury : (1) On receiving an application, under Section 135 to appoint a jury, the Magnate shall; (a) forthwith appoint a jury consisting of an uneven number of persons not jess 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: 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 the Magistrate finds that there is any reliable evidence in support of such denial, he shall stay the proceeding 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 sate 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 authorise 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 thinks fit, and such order shall be executed in the manner provided by Section 140. 142. Injunction 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 appointed w 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 injunction, the Magistrate may himself use, or cause to be used, such means as he thinks fit to obviate such danger or 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 [Magistrate of the First Class]; may order any person not to repeat or continue a public nuisance, and defined in the Pakistan Penal Code or any special or Local law. Subs by Ordinance, XXXVII of 2001, dt. "13-8-2001, CHAPTER XI TEMPORARY ORDERS IN URGENT CASES OF NUINANCE OR APPREHANDED DANGER 144. Power to issue order absolute at once in urgent cases of nuisance or apprehended danger: (1) in cases where, in the opinion of [the Zila Nazim upon the written recommendation of the District Superintendent of Police or Executive District Officer] there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable. [the Zila Nazim] may, by a written order stating the material facts of the case and served in manner provided by Section 134, direct any person to abstain from a certain act or take certain order with certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, or clanger to human life, health or safety, or a disturbance of the public tranquillity, or a riot, or an affray. (2) An order under this section may, in case of emergency or In cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed, exparte. (3) An order under this section may be directed to a particular individual, or to the public generally when frequenting or visiting a particular place. (4) [The Zila Nazim] may, either, on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section by himself or by his predecessor-in-office. (5) Where such an application is received, the Magistrate shall afford to the applicant an early opportunity of appearing before him either in person or by pleader and showing cause against the order; and, if the [Zila Nazim] rejects the application wholly or in part, he shall record in writing his reasons for so doing. (6) No order under this section shall remain in force for more than two 39[consecutive days and not more than seven days in a month] from the making thereof; unless, in cases of danger to human life, health or safety, or a likelihood of a riot or an affray, the Provincial Government, by notification in the official Gazette, otherwise directs. [(7) In the application of sub-sections (1) to (6) to the districts where the local Government elections have not been held, or the Zila Nazim has not assumed charge of office, any reference in those provisions to the Zila Nazim shall be read as a reference to the District Coordination Officer in relation to such districts: Provided that this sub-section shall cease to have effect, and shall be deemed to have been repealed, at the time when local Governments are installed in the districts as aforesaid.] Subs. by Ordinance. XXXVII of 2001, dt. 13-8-2001. Sub-section (7) 2 Proviso added by Ordinance, XLMI of 2001, . dt. 29-8-2001. CHAPTER XII DISPUTES AS TO IMMOVABLE PROPERTY 145. Procedure where dispute concerning land, etc., is likely to cause breach of peace: (1) Whenever a [Magistrate of the First Class] is Satisfied from a police report or other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof within the local limits of his jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, within a time to be fixed by such Magistrate and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute. (2) For the purposes of this section the expression "land or water" includes buildings, markets, fisheries, crops or other produce of land. and the rents or profits of any such property. (3) A copy of the order shall be served in manner provided by this Code for the service of a summons upon such person or persons as the Magistrate may direct, and at least one copy shaft be published by being affixed to some conspicuous place at or near the subject of dispute. (4) Inquiry as to possession: The Magistrate shall then, without reference to the merits or the claims of any of such parties to a right to possess the subject of dispute peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them respectively, consider the effect of such evidence, take such further evidence (if any) as he thinks necessary, and, if possible, decide whether any and which of the parties was at the date of the order before mentioned in such possession of the said subject: Provided that, if it appears to the Magistrate that any party has within two months next before the date of such order been forcibly and wrongfully dispossessed, he may treat the party so dispossessed as if he had been in possession at such date: Provided also, that if the Magistrate considers the case one of emergency, he may at any time attach the subject of dispute, pending his decision under this section. Subs. & omitted by Ordinance, XXXVII of 2001, dt-13-8-2001. (5) Nothing in this section shall-preclude any party so required to attend or any other person interested, from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but, subject to such cancellation, the order of the Magistrate under sub-section (1) shall be final. (6) Party in possession to retain possession until legally evicted: If the Magistrate decides that one of the parties was or should under the first proviso to sub-section (4) be treated as being in such possession of the said subject he shall issue an order declaring such party to be entitled to possession thereof until evicted there from in due course of law, and forbidding alt disturbance of such possession until such eviction and when he proceeds under the first proviso to sub-section (4), may restore to possession the party forcibly and wrongfully dispossessed. (7) When any party to any such proceeding dies, the Magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry and if any question arises as to who the legal representative of a deceased party for the purpose of such proceeding is, all persons claiming to be representatives of the deceased party shall be made parties thereto. (8) If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make such order for the .disposal of such property , or the sale-proceeds thereof, as he thinks fit. (9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the application of either party, issue a summons to any witness directing him to attend or to produce any document or thing. (10) Nothing in this section shall be deemed to be in derogation of the powers of the Magistrate, to proceed under Section 107. 146. Power to attach subject of dispute: (1) If the Magistrate decides that none of the parties was then in such possession, or is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach it until a competent, Court has determined the rights of the parties thereto, or the person entitled to possession thereof: Provided that the Magistrate who had attached the subject of dispute may withdraw the attachment of any item if he is satisfied that there is no longer any likelihood of a breach of the peace in regard to the subject of dispute. (2) When the Magistrate attaches the subject of dispute. he may, if he thinks fit and if no receiver of the property, the subject of dispute, has been appointed by any Civil Court appoint a receiver thereof, who, subject to the control of the Magistrate, shall have all the powers of a receiver appointed under the Code of Civil Procedure, 1908: Provided that, in the event of a receiver of the property, the subject of dispute, being subsequently appointed by any Civil Court, possession shall be made over to him by the receiver appointed by the Magistrate, who shall thereupon be discharged. 147. Dispute concerning rights of use of immovable property, etc.: (1) Whenever any [Magistrate of the First Class] is satisfied, from a police-report or other information that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of any land or water as explained in Section 145, sub-section (2) (whether such rights be claimed as an easement or otherwise) within the local limits of his Jurisdiction, he may make an order in writing stating the grounds of his being so satisfied and requiring the parties concerned in such dispute to attend the Court in person or by pleader within a time to be fixed by such Magistrate and to put in writing statements of their respective claims, and shall thereafter inquire into the matter in the manner provided in Section 145, and the provisions of that section shall, as far as may be, be applicable in the case of such inquiry. Subs, by Ordinance, XXXVII of 2001. dt. 13-8-2001. (2) If it appears to such Magistrate that such right exists, he may make an order prohibiting any interference with the exercise of such right: Provided that no such order shall be made where the right is exercisable at all times of the year, unless such right has been exercised within three months next before the institution of the inquiry, or where the right is exercisable only at particular seasons or on particular occasions, unless the right has been exercised during the last of such seasons or on the last of such occasions before such institution. (3) If it appears to such Magistrate that such right does not exist, he may make an order prohibiting any exercise of the alleged right. (4) An order under this section shall .be subject to any subsequent decision of a Civil Court of competent jurisdiction. 148. Local inquiry: (1) Whenever a local inquiry is necessary for the purposes of this Chapter, 44[a Sessions Judge] may depute any Magistrate subordinate to him to make the inquiry and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid. (2) The report of the person so deputed may be read as evidence rn the case. (3) Order as to costs: When any costs have been incurred by any party to a proceeding under this Chapter the Magistrate passing a decision under Section 145, Section 146 or Section 147 may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion, such costs may include any expenses incurred in respect of witnesses, and of pleader's fees, which the Court may consider reasonable. Subs. by Ordinance, XXXVIl of 2001, dt. 13-8-2001 CHAPTER XIII PREVENTIVE ACTION OF THE POLICE 149. Police to prevent cognizable offences: Every police officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent the commission of any cognizable offence. 150. Information of design to commit such offences: Every police officer receiving information of a design to commit any cognizable offence shall communicate such information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of any such offence. 151. Arrest to prevent such offences: A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented. 152. Prevention of injury to public property: A police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or injury of any public landmark or buoy or other mark used for navigation. 153. Inspection of weights and measures: (1) Any officer incharge of a police station may, without a warrant, enter any place within the limits of such station for the purpose of inspecting or searching for any weights or measures or instruments for weighing, used or kept therein whenever he has reason to believe that there are in such place any weights, measures or instruments for weighing which are false. (2) If he finds in such place any weights, measures or instruments for weighing which are raise, he may seize the same, and shall forthwith give information of such seizure to a Magistrate having jurisdiction. PART V INFORMATION TO POLICE AND THEIR POWERS TO INVESTIGATE CHAPTER XIV 154. Information in cognizable cases: information relating to the, commission of a cognizable offence if given orally to an officer incharge of a police station, shall reduced to writing by him or under his direction and then read over to the informant and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the Provincial Government may prescribe in this behalf: 155. Information in non-cognizable cases: (l) When information is given to an officer incharge of a police station of the commission within the limits of such station of a non- cognizable offence, he shall enter in a book to, be kept as aforesaid the substance of such information and refer the information the Magistrate. (2) Investigation into non-cognizable cases: No police-officer shall investigate a non- cognizable case without the order of a Magistrate of the First or Second Class having power to try such case [or send the same for trial to the Court of Session]. (3) Any police officer receiving such order may exercise, the, same powers in respect of the investigation (except the power to arrest without warrant) as an officer incharge of a police-station may exercise in a cognizable case. Words subs. by Law Reforms Ordinance. XH of 1972. 156. Investigation into cognizable cases: (1) Any officer incharge of a police-station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would, have power to inquire into or try under the provisions of Chapter XV relating to the place of inquiry or trial. (2) No proceeding of a police-office in any such case shall at any stage be called in question on the ground that the case was one, which such officer was not empowered under this section to investigate. Any Magistrate empowered under Section 190 may order such an investigation as above mentioned. [(4) Notwithstanding anything contained in sub-sections (2) or (3) no police-officer shall investigate an offence under Section 497 or Section 498 of the Pakistan Penal Code, except upon a complaint made by the husband of the woman, or, in his absence by some person who had the care of such woman on his behalf at the time when such offence was committed.] Sub-section (4) added by Law Reforms Ordinance, XII of 1972. 157. Procedure where cognizable offence suspected: (1) If from information received or otherwise, an officer incharge of a police-station has reason to suspect the commission of an offence which he is empowered under Section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police-report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the Provincial Government may, by general or special order, prescribe in this behalf to proceed, to the spot, to investigate the facts and circumstance of the case, and, if necessary, to take measures for the 'discovery and arrest of the offender: Provided as follows: -- (a) Where local investigation dispensed with: When any information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer incharge of a police-station need not proceed in person or depute a subordinate officer to make an investigation on the spot; (b) Where police-officer incharge sees no sufficient ground for investigation: if it appears to the officer incharge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case. (2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-section (1), the officer incharge of the police-station shall state in his said report his reasons for not fully complying with the requirements of that sub-section, and, in the case mentioned in clause (b) such officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by the Provincial Government the fact that he will not investigate the case or cause it to be investigated. 158. Reports under Section 157 how submitted: (1) Every report sent to a Magistrate under Section 157 snail, if the Provincial Government so, directs, be submitted through such superior officer of police as the Provincial Government, by general or special order, appoints in that behalf. (2) Such superior officer may give such instructions to the officer incharge of the police- station as he thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate. 159. Power to hold investigation or preliminary inquiry: Such Magistrate, on receiving such report may direct an investigation or, if he thinks fit at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in manner provided in this Code. 160. Police-officer's power to require attendance of witnesses: Any police-officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person, being within the limits of his own or any adjoining station who, from, the information given or otherwise, appears to be acquainted with the circumstances of the case; and such person shall attend as so required. 161. Examination of witnesses by police: (1) Any police-officer making an investigation under this Chapter or any police-officer not" below such rank as the Provincial Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer may examine orally any person supposed to be acquainted with the facts and circumstances of the case. (2) Such person shall be bound to answer all- questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture. (3) The police officer may reduce into writing any statement made to him in the course of an examination under this section, and if he does so he Shall make a separate record of the statement of each such person whose statement he records. 162. Statements to police not to be signed, use of such statements in evidence: (1) No statement made by any person to a police-officer in the course of an investigation under this Chapter shall if reduced into writing be signed by the person making it; nor shall-any such statement or any record thereof whether in a police-diary or otherwise or any part of such statement or record, be used for any purpose (save as hereinafter provided) at any inquiry or trial in respect of any offence under investigation at the. time when such statement was made: Provided that, when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid the Court shall on the request of the accused, refer to such writing and direct that the accused be furnished with a copy thereof, in order that any part of such statement, if duly proved, may be used to contradict such witness in the manner provided by Section 145 of the Evidence Act, 1872. When any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross- examination: Provided further, that, if the Court is of opinion that any part of any such statement is not relevant to the subject-matter of the Enquiry or trial or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interests, it shall record such opinion (but-not the reasons therefore) and shall exclude such part from the copy of the statement furnished to the accused. (2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of Section 32, clause (1) of the Evidence Act, 1872 or to affect the provisions of Section 27 of that Act. 163. No inducement to be offered: (1) No police officer or other person in authority shall offer or make, or cause to be offered or made, any such inducement, threat or promise as is mentioned in the Evidence Act, 1872, Section 24. (2) But no police officer or other person shall prevent by any caution or otherwise, any person from making in the course of any investigation: under this Chapter any statement, which he may be disposed to make of his, own free will. 164. Power to record statements and confessions: (1) Any Magistrate of the First Class and any Magistrate of the Second Class specially empowered in this behalf by the Provincial Government may, if he is not a police officer, record any statement or confession made to him in the course of an investigation under this Chapter or at any time afterwards before the commencement of the inquiry or trial. [(1-A) Any such statement may be recorded by such Magistrate in the presence of the accused, and the accused given an opportunity of cross-examining the witness making the statement], (2) Such statements shall be recorded in such of the manners hereinafter prescribed for recording evidence as is, in his opinion, best fitted for the circumstances of the case: Such confessions shall be recorded and signed in the manner provided in Section 364, and such statements or confessions shall then be forwarded to the Magistrate by whom the case is to be inquired into or tried- (3) A Magistrate shaft, before recording any such confessions explain to the person making it that he is not bound to make a confession and that if he does so it may be used as evidence against him and no Magistrate shall record any such confession unless, upon questioning the person making it, he has reason to believe that it was made voluntarily; and when he records any confession, he shall make a memorandum at the foot of such record to the following effect:-- "I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him- (Signed) A.B. Magistrate. Explanation: It is not necessary that the Magistrate receiving and recording a confession or statement should be a Magistrate having Jurisdiction in the case. Sub-section (1-A) added by Law Reforms Ordinance, XII of 1972. 165. Search by police-officer: (1) whenever an officer incharge of a police-station or a police-officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place within the limits of the police-station of which he is incharge, or to which he is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station: Provided that no such officer shall search, or cause search to be made, for anything which is in the custody of 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, -- (a) for the purpose of investigating an offence under Sections 403. 406, 408 and 409 and Sections 421 to 424 (both inclusive) and Sections 465 to 477-A (both inclusive) of the Pakistan Penal Code with the prior permission in writing of a Sessions Judge: and (b) in other cases, with the prior permission in writing of the High Court. (2) A police-officer proceeding under sub-section (1) shall, if practicable, conduct the search in person. (3) If he is unable to conduct the search in person, and there is no other person competent to make the search present at the time, he may, after recording in writing his reasons for so doing require any officer subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing specifying the place to be searched and, so far as possible, the thing for which search is to be made; and such subordinate officer may thereupon search for such thing in such place. (4) The provisions of this Code as to search warrants and the general provisions as to searches contained in Section 102, Section 103 shall, so far may be, apply to a search made under this section. (5) Copies of any record made under sub-section (1) or sub-section (3) shall forthwith be sent to the nearest Magistrate empowered to take cognizance of the offence and the owner or occupier, of the place searched shall on application be furnished with a copy of the same by the Magistrate: Provided; that he shall pay for the same unless the Magistrate for Some special reason thinks fit to furnish it free of cost. 166. When officer incharge of police station may require another to issue search warrant: (1) An officer incharge of a police-station or a police-officer not being below the rank of sub-inspector making an investigation, may require an officer incharge of another police-station, whether in the same or a different district, to cause a search to be made in any place, in any case In which the former officer might cause such search to be made, within the limits of his own station. (2) Such officer, on being So required, shall proceed according to the provisions of Section 165, and shall forward the thing found, if any. to the officer at whose request the search was made, (3) Whenever there is reason to believe that the delay occasioned by requiring an officer incharge of another police station to cause a search to be made under sub-section (1) might result in evidence of the commission of an offence being concealed or destroyed, it shall be lawful for an officer incharge of a police-station or a police-officer making an investigation under this chapter to search, or cause to be searched, any place in the limits of another police station, in accordance with the provisions of Section 165, as if such place were within the limits of his own station. (4) Any officer conducting a search under sub-section (3) shall forthwith send notice of the search to the officer incharge of the police station within the limits of which such place is situate, and shall also send with such notice a copy of the list (if any) prepared under Section 103, and shall also send to the nearest Magistrate empowered to take cognizance of the offence, copies of the records referred to in Section 165, sub-sections (1) and (3). (5) The owner or occupier of the place searcher shall, on application be furnished with a copy of any record sent to the Magistrate under sub-section (4): Provided that he shall pay for the, same unless the Magistrate for some special reasons thinks fit to furnish it free of cost. 167. Procedure when investigation cannot be completed in twenty-four hours: (1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty four hours fixed by Section 61, and there are grounds for believing that the accusation or information is well founded, the officer incharge of the police-station or the police-officer making the investigation if he is not below the rank of the sub-inspector, shall forthwith transmit to the nearest Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the game time forward the accused to such Magistrate. Explanation : [Omitted by the Ordinance, XXXVII of 2001, dt. 13-8-2001.] (2) The Magistrate to whom an accused person is forwarded under, this section may, whether he has or has not jurisdiction to try the case, from time to time, authorize the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole. If he has no jurisdiction to try the case or [send] it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction; Provided that no Magistrate of the Third Class, and no Magistrate of the Second Class not specially empowered in this behalf by the Provincial Government shall authorise detention in the custody of the police. (3) A Magistrate authorizing under this section detention in the custody of the police shall record his reasons for so doing. [(4) The Magistrate, giving such order shall forward copy of his order, with his reasons for making it, to the Sessions Judge]. [(5) Notwithstanding anything contained in Sections 60 and 61 or hereinbefore to the contrary, where the accused forwarded under sub-section (2) is a female, the Magistrate shall not except—in the cases involving QatI or dacoity supported by reasons to be recorded in writing, authorise-the detention of the accused in police custody, and the police officer making an investigation shall interrogate the accused referred to in sub- section (1) in the prison in the presence of an officer of jail and a female police officer. (6) The officer incharge of the prison shall make appropriate arrangements the admission of the investigating police officer into the prison for the purpose of interrogating the accused. (7) If for the purpose of investigation, it is necessary that the accused referred to in sub- section (1) be taken out of the prison, the officer incharge of the police station or the police officer making investigation, not below the rank of sub-inspector, shall apply to the Magistrate in that behalf and the Magistrate may, for the reasons to be recorded in writing, permit taking of accused out of the prison in the company of a female police officer appointed by the Magistrate : Provided that the accused shall not be kept out of the prison while in the custody of the police between sunset and sunrise]. Word subs. by Law Reforms Ordinance, XII of 1972. Sub-sec. (4) subs. by Law Reforms Ordinance, XII of 1972. Sub-sections (5) to (7) added by Code of Criminal Procedure (Second Amendment) Act. XX of 1994, 8.2, 168. Report of Investigation by subordinate police officer: When any subordinate police officer has made any investigation under this Chapter, he shall report the result of such investigation to the officer incharge of the police-station. 169. Release of accused when evidence deficient: If upon an investigation under this Chapter, it appears to the officer incharge of the police station or to the police officer making the investigation that there is no sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall if such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognisance of the offence on a police-report and to try the accused or send him for trial. 170. Case to be sent to Magistrate when evidence is sufficient: (1) If, upon an investigation under this Chapter, it appears to the officer incharge of the police-station that there is sufficient evidence or reasonable ground as aforesaid such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police-report and to try the accused or send him for trial, or if the offence is bailable and the accused is able to give security, shall take shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day-to- day before such Magistrate until otherwise directed. (2) When the officer Incharge of a police station forwards an accused person to a Magistrate or take security for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other article which it may, be necessary, to produce before him and shall require the complainant,(if any) and so-many of the persons who appear to such officer to be acquainted with the circumstances of the case as he may think necessary, to execute a bond to appear before, the Magistrate as thereby directed and prosecute or, give evidence (as the case may be) in the matter of the charge against the accused. (3) Omitted by item No. 65 (ii) of Punjab Notification No. SO(J-ff) 1-8/75 (P-V), dated 21.3.1996 for Punjab and by same Item No. of Islamabad Notification No. S.R.O. 255 (I)/96, dated 8-4-1996 for Islamabad only.] (4) [Rep. by the Code of Criminal Procedure (Amendment Act II of 1926 Section 2] (5) The officer in whose presence the bond is executed shall deliver a-copy thereof to one of the persons who executed it, and shall then send to the Magistrate the original with his report. 171. Complainants and witnesses not to be required to accompany police-officer: No complainant or witness on his way to the Court of Magistrate shall be required to accompany a police officer. Complainants and witnesses not to be subjected to restraint: Or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond. Reseusant complainant witness may be forwarded in custody: .Provided that, if any complainant or witness refuses to attend or to execute a bond as directed in Section 170, the officer |incharge of the police-station may forward him in custody to the Magistrate who may detain him in custody until he executes such bond, or until the hearing of the case is completed. 172. Diary of proceedings in investigation: (1) Every police-officer making an investigation under this Chapter shall day by day enter his proceedings in the investigation in-a diary setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places Visited by him, and a statement ©f the circumstances ascertained through his investigation. (2) Any Criminal Court may send for the police-diaries of a case under inquiry or trial in such Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial. Neither the accused nor his agents shall be entitled to call for such diaries, nor shaft he or they be entitled to see them merely because they are referred to by the Court; but, if they are used by the police-officer who made them, to refresh his memory, or if the Court uses them for the purpose of contradicting such police-officer, the provisions of the Evidence Act, 1872, Section 161 or Section 145, as the case may be, shall apply. 173. Report of police officer: (1) Every investigation under this Chapter shall be completed without unnecessary delay, and, as soon as it is completed, the officer incharge of the police-station shall [through the Public Prosecutor]-- (a) forward to a Magistrate empowered to take cognizance of the offence on a police- report, a report in the form prescribed by the Provincial Government, setting forth the names of the parties, the nature of the information and the names of the persons who appear to be acquainted with the circumstances of the case, and stating whether the accused (if arrested) has been forwarded in custody or has been released on his bond, and, if so, whether with or without sureties, and (6) communicate, in such manner as may be prescribed by the Provincial Government, the action taken by him to the person, if any, by whom the information relating to the commission of the offence was first given : [provided that, where investigation is not completed within a period of fourteen days from the date of recording of the first information report under Section 154, the officer incharge of the police station shall, within three days of the expiration of such period, forward to the Magistrate through the Public Prosecutor, an interim report in the form prescribed by the Provincial Government stating therein the result of the investigation made until then and the Court shall commence the trial on the basis of such interim report, unless, for reasons to be recorded, the Court decides that the trial should not so commence], (2) Where a superior officer of police has been appointed under Section 158, the report shall, in any cases in which the Provincial Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer incharge of the police-station to make further investigation. (3) Whenever it appears from a report forwarded under this section that the accused has been released on his bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fit. (4) A copy of any report forwarded under this section shall, on application, be furnished to the accused before the commencement of the inquiry or trial: Provided that the same shall be paid for unless the Magistrate for some special reason thinks fit to furnish it free of cost. [(5) Where the officer incharge of a police station forwards a report under sub-section (1), he shall along with the report produce the witnesses in the case, except the public servants, and the Magistrate shall bind such witnesses for appearance before him or some other Court on the date fixed for trial.] Words added by Code of Criminal Procedure (Amendment) Act, XXV of 1992, S.2(i). Proviso added by ibid., S. 2 (ii), dated 12-12-1992. Sub-section (5) added by Code of Criminal Procedure (Amendment) Act, XXV of 1992. 174. Police to inquire to report in suicide, etc.: (1) The officer incharge of a police station or some other police officer specially empowered by the Provincial Government in that behalf, on receiving information that a person- (a) has committed suicide, or (b) has been killed by another, or by an animal, or by machinery, or by an accident, or (c) has died under circumstances raising a reasonable suspicion that some other person has committed an offence, . . shall immediately give intimation thereof to the nearest Magistrate empowered to hold (inquests and unless otherwise directed by any rule prescribed by the Provincial Government, shall proceed to the place where the body, of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises and other marks of injury as may be found oil the body. and stating in what manner, or by what weapons- or instrument (if any), such marks appear to have been inflicted. (2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to the [concerned] Magistrate. (3) When there is any doubt regarding the cause of death or when for any other reason the police-officer considers it expedient so to do, the shall, subject to such rules as the Provincial Government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the Provincial Government, if the state of the weather and the distance admits of its being so forwarded without risk of such putrefaction on the road as would render such examination useless. (4) [Omitted by A.O., 1949, Sch.] (5) [The Magistrates of the First Class are empowered to hold inquests.] 175. Power to summon persons: (1) A police-officer proceeding under Section 174 may, by order in writing summon two or more persons a& aforesaid for the purpose of the said investigation and any other person, who appears to be acquainted with the facts of the case. Every person so summoned shall be abound to attend and to answer truly, all questions other than Questions the answers to which would have a tendency to expose him to a criminal charge, or to a penalty or forfeiture. (2) If the facts do not disclose a cognizable offence to which Section 170 applies, such persons shall not be required by the police officer to attend a Magistrate's Court. 176. Inquiry by Magistrate into cause of death: (1) When any person dies while in the custody of the police, the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in Section 174, clauses (a), (b) and (c) of sub-section (1), any Magistrate so empowered may hold an inquiry into the cause of death either .instead of, or in addition to, the investigation held by the police-officer, and if he does so, he shall have all the powers in conducting it which he would have in holding:, an inquiry into an offence. The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any of the manners hereinafter prescribed according to the circumstances of the case. (2) Power to disinter corpses: 'Whenever such Magistrate considers it expedient to make an examination of the dead body of any person who has been already interred, in order to discover the cause of his death, the Magistrate may cause the body to be disinterred and examined. PART VI PROCEEDINGS IN PROSECUTIONS CHAPTER XV OF THE JURISDICTION OF THE CRIMINAL COURTS OF INQUIRIES AND TRIALS A-Place of Inquiry or Trial 177. Ordinary place of inquiry and trial: Every offence shall ordinarily be inquired into and tried by a Court within the local limits of whose jurisdiction it was committed. 178. Power to order cases to be tried in different sessions divisions : Notwithstanding anything contained in Section 177, the Provincial Government may direct that any cases or class of cases [in any district sent for trial to a Court of Session may be tried in any sessions division]: [Provided that such direction is not repugnant to any direction previously issued by the High Court under Section 526 of the Code or any other law for the time being in force]. 179. Accused triable in district where act is done or where consequence ensues: When a person is accused of the commission of offence by reason of anything, which has been done, and of any consequence which has ensued, such offence may be inquired into or tried by a Court within the local limits of whose jurisdiction any such thing has been done, or any such consequence has ensued. Illustrations (a) A is wounded within the local limits of the jurisdiction of Court X, and dies within the local limits of the jurisdiction of Court Z. The offence of the culpable homicide of A may be inquired into or tried by X or Z. (b) A is wounded within the local limits of the jurisdiction of Court X, and is, during ten days within the local limits of the jurisdiction of Court Y. and during ten days more within the local limits of the jurisdiction of Court Z, unable in the local limits of the jurisdiction of either Court Y, or Court Z. to follow his ordinary pursuits. The offence of causing grievous hurt to A may be inquired into or tried by X, Y or Z. (c) A is put in fear of injury within the local limits of the jurisdiction of Court X, and is thereby induced, within the local limits of the jurisdiction Court, Y, to deliver property to the person who put him in fear. The offence of extortion committed on A may be inquired into or tried either by X or Y. (d) A is wounded in the State of Junagadh and dies of his wounds in Karachi. The offence of causing A's death may be Inquired into and tried in Karachi. Words subs. by Law Reforms Ordinance, XII of 1972. Proviso subs. by Law Reforms Ordinance, XII of 1972. 180. Place of trial where act is offence by reason of relation to other offence: When an act is an offence by reason of its relation to any other act, which is also an offence or which would be an offence if the doer were capable of committing an offence, a charge of the first-mentioned offence may be inquired into or tried by a Court within the local limits of whose jurisdiction either act was done. Illustrations (a) A charge of abetment may be inquired into or tried either by the Court within the local limits of whose jurisdiction the abetment was committed, or by the Court within the focal limits of whose jurisdiction the offence abetted was committed. (b) A charge of receiving or retaining stolen goods may be inquired into or tried either by the Court within the local limits of whose jurisdiction the goods were stolen, or by any Court within, the local limits of whose jurisdiction any of them were at any time dishonestly received or retained. (c) A charge of wrongfully concealing a person known to have been kidnapped, may be inquired into or tried by the Court within the local limits of whose jurisdiction the wrongful concealing, or by the Court within the local limits of whose Jurisdiction the kidnapping, took place. 181. Being a thug or belonging to a gang of dacoits escape from custody, etc.: (1) The offence of being a thug, of being a thug and committing murder, of dacoity, of dacoity with murder, of having belonged to a gang of dacoits, or of having escaped from custody, may be inquired into or tried by a Court within the local limits of whose jurisdiction the person charged is. (2) Criminal misappropriation and criminal breach of trust: The offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within the local limits of whose jurisdiction any part of the property which is the subject of the offence was received or retained by the accused person, or the offence was committed. (3) Theft: The offence of theft, or any offence which includes theft or the possession of stolen property, may be inquired into or tried by a Court within the local limits of whose jurisdiction such offence was committed or the property stolen was possessed by the thief or by any person who received or retained the same knowing or having reason to believe it to be stolen. (4) Kidnapping and abduction: The offence of kidnapping or abduction may be inquired into or tried by a Court within the local limits of whose jurisdiction the, person kidnapped or abducted was kidnapped or abducted or was conveyed or concealed or detained. 182. Place of inquiry or trial where scene of offence is uncertain or not in one district only or where offence is continuing or consists of several acts: When it is uncertain in which of several local areas ah offence was committed, or where an offence is committed partly in one local area and partly in another, or where an offence is a continuing one, and continues to be committed in more local areas than one, or where it consists of several acts done in different local areas. it may be inquired into or tried .by a Court having jurisdiction over any of such local areas. 183. Offence committed on a journey: An offence committed whilst the offender is in the course of performing a journey or voyage may be inquired into or tried by a Court through or Into the focal limits of whose Jurisdiction- the offender, or the person against whom, or the thing in respect of which, the offence was committed, passed in the course of that journey or voyage. 184. Offence against Railway Telegraph, Post Office &. Arms Act: [Rep by the Federal Law (Rrevision and Declaration) Act, XXVI of 1951, S. 3 and Second Sch.] 185. High Court to decide, in case of doubt, district where inquiry or trial shall take place: (1) Whenever a question arisen as to which of two or more Courts subordinate to the Same High Court ought to inquire into or try any offence, it shall be decided by that High Court. (2) Where two or more Courts not subordinate to the same High Court have taken cognizance of the same offence the High Court within the local limits of whose appellate criminal jurisdiction the-proceedings were first commenced may direct the trial of such offender to be held in any Court subordinate to it, and if so decides, all other proceedings; against such person in, respect of such offence shall be discontinued. If Such High Court, upon the matter, having been brought to its notice, does not so decide, any other High Court/within the local limits of whose appellate criminal jurisdiction such proceedings are pending may give a like direction, and upon its so doing all other such proceedings shall be discontinued. 186. Power to issue summons or warrant for offence committed beyond local jurisdiction: (1) When a Magistrate of the First Class Sees reason to believe that any person within the local limits of his jurisdiction has committed without such limits (whether, within or without Pakistan an offence which cannot under the provisions of Sections 177 to 184 (both inclusive), or any other law for the time being in force, be inquired into or tried within such local limits, but is under some law for the time being in force triable in Pakistan, such Magistrate may inquire into the offence as if it had been committed within such local limits and compel such person in manner hereinbefore provided to appear before him, and send such person to the Magistrate having jurisdiction to inquire into or try such offence, of, if such offence is bailable, take a bond with or without sureties for his appearance before such Magistrate. (2) Magistrate's procedure on arrest: When there are more Magistrate then one, having such jurisdiction and the Magistrate acting under this section cannot satisfy himself as to the Magistrate to or before whom such person should be sent or bound to appear, the case shall be reported for the orders of the High Court. 187. Procedure where warrant issued by subordinate Magistrate: (1) If the person has been arrested under a warrant issued under Section 186 [the Magistrate issuing warrant shall send the arrested person to the Sessions Judge] to whom he is subordinate, unless the Magistrate having jurisdiction to inquire into or try such offence issues his warrant for the arrest of such person, in which case the person arrested shall be delivered to the police officer executing such warrant or shall be sent to the Magistrate by whom such warrant was issued. (2) If the offence, for which the person arrested is alleged or suspected have committed, is one, which may be inquired into or tried by any Criminal-Court in the same district other than that of the Magistrate acting under Section 186, such Magistrate shall send person to such Court. Words subs. by Law Reforms Ordinance, XII of 1972. 188. Liability for offences committed: When a citizen of Pakistan commits an offence at any place without and beyond the limits of Pakistan, or Outside Pakistan : When a servant of the State (whether a citizen of Pakistan or not) commits an offence in [a tribal area], or when any person commits an offence on any ship or aircraft registered in Pakistan where it may be, he may be dealt with in respect of such offence as if it had been committed at any place within Pakistan at which he may be found: Political Agents to certify fitness of inquiry into charge: Provided that notwithstanding anything in any of the preceding sections of this Chapter no charge as to any such offence shall be inquired into in Pakistan unless the Political Agent, if there is one, for the territory in which the offence is alleged to have been committed, certifies that in his opinion, the charge ought to-be inquired into in Pakistan; and, where there is no Political Agent, the sanction of the Federal Government shall be required : Provided, also, that any proceedings taken against any person under this section which would be a bar to subsequent proceedings against such person for the same offence if such offence had been committed in Pakistan shall be a bar to further proceedings against him under the Extradition Act, 1972 (XXI of 1972) in respect of the same offence in any territory beyond the limits of Pakistan. Words substituted by Federal Laws (Revision and Declaration) Ordinance, XXVII of 1981. 189. Power to direct copies of depositions and exhibits to be received in evidence: Whenever any such offence as is referred to in Section 188 is being inquired into or tried, the Provincial Government may, if it thinks fit, direct that copies of depositions made or exhibits produced before the Political Agent or a Judicial Officer in or for the territory in which such offence is alleged to have been committed shall be received as evidence by the Court holding such inquiry or trial in any case in which such Court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate. B-Conditions requisite for initiation of proceedings 190. Cognizance of offences by Magistrates: [(1) All Magistrates of the First Class, or any other Magistrate specially empowered by the Provincial Government on the recommendation of the High Court, may take cognizance of any offence- (a) upon receiving a complaint of facts which constitute such offence; (b) upon a report in writing of such facts made by any police officer; (c) upon information received from any person other than a police officer, or upon his own knowledge or suspicion, that such offence has been committed which he may try or send to the Court of Session for trial and] 7[(2) A Magistrate taking cognizance under sub-section (1)of an .offence triable exclusively by a Court of Session shall, without recording any evidence, send the case to the Court of Session for trial]. Sub-Section (1) Subs. by the Ordinance, XXXVII of 2Q01, dt. 13-8-2001. Sub-section (3) renumbered (Sub-Section (2)) as sub-section (2) by the Ordinance, XXXVII of 2001, dt. 13-8-2001 – [191. Transfer on application of accused: When a Magistrate takes cognizance of an offence under sub-section (1), clause (c) of the preceding section, the accused shall, before any evidence is taken be informed that he is entitled to have the case tried by another Court, and, if the accused, or any of the accused if there be more than one, objects to being tried by such Magistrate, the case shall instead of being tried by such Magistrate, be sent to the Sessions Judge. Section 191 subs. by Item No. 71 of Punjab Notification No. SO(J-II) 1- 8/75 (P-V), dated 21-3-1996 for Punjab and by same Item No. of Islamabad Notification No. S.R.O. 255 (1), dated 8-4-1996 for Islamabad only. 192. Transfer of cases by Magistrate [Omitted by the Ordinance. XXXVII of 2001, dt. 13.8.2001.] 193. Cognizance of offences by Courts of Session: (1) Except as otherwise expressly provided by this Code or by any other law for the time being in force no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the 11 [case has been sent to it under Section 190, sub-section [(2)]. (2) Additional Sessions Judges and Assistant Sessions Judges shall try such cases only as the Provincial Government by general or special order may direct them to try or as the Sessions Judge of the division by general or special order may make over-to them for trial. Words subs. by Law Reforms Ordinance, XII of 1992. Subs. by the Ordinance. XXXVII of 2001, dt. 13-8-2001- 194. Cognizance of offences by High Court : (1) The High Court may take cognizance of any offence is in manner hereinafter provided. Nothing herein contained shaft be deemed to affect the provisions of any Letters Patent or Order by which a High Court is constituted or continued, or any other provision of this Code. (2) [Omitted by Federal Laws (Revision and Declaration) Ordinance XXVII of 1981]. 195. (1) No Court shall take cognizance: -- (a) Prosecution for contempt of lawful authority of public servants: Of any offence punishable under Sections 172 to 188'ofthe Pakistan Penal Code, except on the complaint in writing of the public servant concerned, or of some other public servant to whom he is subordinate; (b) Prosecution for certain offences against public justice: Of any offence punishable under arty of the following sections of the same Code, namely Sections 193, 194, 195, 196. 199. 200, 205, 206, 207, 208, 209, 210, 211 and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, except, on the complaint in writing of such Court or of some other Court to which such Court is subordinate; or (c) Prosecution for certain offences relating to documents given in evidence : Of any offence described in Section 463 or punishable under Section 471, Section 475 or Section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document produced or given in evidence in such proceeding, except on the complaint in writing of such Court, or of some other Court to which such Court is subordinate. (2) In Clauses (b) and (c) of sub-section (1), the term "Court" includes a Civil, Revenue or Criminal Court, but does not include a Registrar or sub-Registrar under the Registration Act, 1908. (3) For the purposes of this section, a Court shall be deemed to be subordinate to the Court to which appeals ordinarily lie from the appeal able decrees or sentences of such former Court, or in the case of a Civil Court from whose decrees no appeal, ordinarily lies, to the principal Court having ordinary, original civil jurisdiction within the local limits of whose jurisdiction such Civil Court, is situate: Provided that-- (a) where appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall be the Court to which such Court shall be deemed to be subordinate; and (b) where appeals tie to a Civil and also to a Revenue Court, such Court shall be deemed to be subordinate to the Civil or Revenue Court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed. (4) The provisions of sub-section (1), with reference to the offences named therein, apply also to criminal conspiracies to commit such offences and to the abetment of such offences, and attempts to commit them. (5) Where a complaint has been made under sub-section (1) clause (a), by a public servant, any authority to which such public servant is subordinate may order the withdrawal of the complaint and, if it does so, it shall forward a copy of such order to the Court, and upon receipt thereof by the Court, no further proceedings shall be taken on the complaint 196. Prosecution for offences against the State: No Court shall take cognisance of any offence punishable under Chapter VI or IX-A of the Pakistan Penal Code (except Section 127), or punishable under Section 108-A, or Section 153-A or Section 294-A, or Section 295-A or Section 505 of the same Code, unless upon complaint made by order of or under authority from, the Federal Government or the Provincial Government concerned, or some officer empowered in this behalf by either of the two Governments. 196-A. Prosecution for certain classes of criminal conspiracy: No Court shall take cognizance of the offence of criminal conspiracy punishable under Section 120-B of the Pakistan Penal Code, (1) in a case where the object of the conspiracy is to commit either an illegal act other than an offence, or a legal act by illegal means, or an offence to which the provisions of Section 196 apply, unless upon complaint made by order or under authority from the Federal Government or the Provincial Government concerned or some officer empowered in this behalf by either of the two Governments, or (2) in a case where the object of the conspiracy is to commit any non-cognizable offence, or a cognizable offence not punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the Provincial Government or [Officer in-charge of the prosecution in the district] empowered in this behalf by the Provincial Government, has, by order in writing, consented to the initiation of the proceedings: Provided that where the criminal conspiracy is one to which the provisions of sub-section (4) of Section 195 apply no such consent shall be necessary. Subs. by the by the Ordinance, XXXVII of 2001, dt, 13-8-2001 196-B. Preliminary inquiry in certain cases: In the case of any offence in respect of which the provisions of Section 196 or Section 196-A apply, [officer in-charge of the investigation in the district] may, notwithstanding anything contained in those sections or in any other part of this Code, order a preliminary investigation by a police-officer not being below the rank of inspector, in which case such police-officer shall have the powers referred to in Section 155, sub-section (3). Subs. by the by the Ordinance, XXXVII of 2001, dt. 13-8-2001 197. Prosecution of Judges and public servants: (1) When any person who is a Judge within the meaning of Section 19 of the Pakistan Penal Code, or when any Magistrate, or when any public servant who is not removable from his office save by or with the sanction of the Federal Government or a Provincial Government, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction-- . (a) in the case of a person employed in connection with the affairs of the Federation of the President; and (b) in the case of a person employed in connection with the affairs of a Province, of the Governor of that Province. (2) Power of President or Governor as to prosecution: The President or Governor, as the case may be, may determine the person by whom, the manner in which, the offence or offences for which, the prosecution of such Judge, Magistrate or public servant is to be conducted, and may specify the Court before which the trial is to be held. 198. Prosecution for breach of contract, defamation and offences against marriage: No Court shall take cognizance of an offence falling under Chapter XIX or Chapter XXI of the Pakistan Penal Code or under Sections 493 to 496 (both inclusive) of the same Code, except upon a complaint made by some person aggrieved by such offence: Provided that, where the person so aggrieved is a woman who, according to the customs and mariners of the country, ought not to be compelled to appear in public, or were such person is under the age of eighteen years or is an idiot or lunatic, or is from sickness or infirmity unable to make a complaint, some other person may, with the leave of the Court, make a complaint on his or her behalf: Provided further that where the husband aggrieved by an offence under Section 494 of the said Code is serving in any of the armed forces of Pakistan under conditions, which are certified by the commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other person authorised by the husband in accordance with the provisions of sub-section (I)1 of Section 199-B may, with the leave of the Court, make a complaint on his behalf. [198-A. Prosecution for defamation against public servants in respect of their conduct in the discharge of public functions: (1) Notwithstanding anything contained in this Code, when any offence falling under Chapter XXI of the Pakistan Penal Code (Act XLV of 1860) is alleged to have beam committed against the President, the Prime Minister, a Federal Minister, Minister of State, Governor, Chief Minister or Provincial Minister or any public servant employed in connection with the affairs of the Federation or of a Province, in respect of his conduct in the discharge of his public functions, a Court of Session may take cognizance of such offence, without the accused being committed to it for trial, upon a complaint in writing -made by the Public Prosecutor. (2) Every such complaint shall set forth the facts which constitute the offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice to accused of the offence alleged to have been committed by him. (3) No complaint under sub-section (1) shall be made by the Public Prosecutor except with the previous sanction (a) in the case of the President or the Prime Minister or a Governor, or any Secretary to the Government authorised by him in this behalf; (b) in the case of a Federal Minister or Minister of State, Chief Minister, or Provincial Minister, of any secretary to the Government authorised in this behalf by the Government concerned; (c) in the case of any public servant employed in connection with the affairs of the Federation or of a Province, of the Government concerned. (4) No Court of Session shall take cognizance of an offence under sub-section (1), unless the -complaint is made within six months from the date on which the offence is alleged to have been committed. . (5) When the Court of Session takes cognizance of an offence under sub-section (1), then notwithstanding anything contained in this Code, the Court of Session shall try the case without the aid of jury or assessors and in trying the case shall follow the procedure prescribed for the trial by Magistrates of warrant cases instituted otherwise than on a police report. (6) The provisions of this section shall be in addition to, and not in derogation of those of Section 198.] Section 198-A inst. by Criminal Procedure (Amendment) Act, XXV of 1974, S-7. [199. Prosecution for adultery or enticing a married woman ; No Court shall take cognizance of an offence under Section 497 or Section 498 of the Pakistan Penal Code, except-- (a) upon a report in writing made by a police-officer on the complaint of the husband of the woman, or in his absence, by some person who had care of such woman on his behalf at that time when such offence was committed; or (b) upon a complaint made by the husband of the woman or, in his absence, made with the leave of the Court by some person who had care of such woman on his behalf at the time when such offence was committed: Provided that, where such husband is under the age of eighteen years, or is an idiot or lunatic, or is from sickness or infirmity unable to make a complaint, some other person may, with the-leave of the Court, make a complaint on his behalf: Provided further that where such husband is serving in any of the armed forces of Pakistan, under conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person and where for any reason no complaint has been made by a person having care of the woman as aforesaid, some other person authorised by the husband in accordance with the provisions of sub-section (1) of Section 199-B may, with the leave of the Court, make a complaint on his behalf.] S. 199 subs. by Law Reforms Ordinance, XII of 1972. [199-A. Objection by lawful guardian to complaint by person other than person aggrieved : When in any case falling under Section 198 or Section 199 the person on whose behalf the complaint is ought to be made is under the age of eighteen years or is a lunatic, and the person applying for leave has not been appointed or declared, by competent authority to be the guardian of the person of the said minor or lunatic, and the Court is satisfied that there is a guardian, so appointed or declared, notice shall be given to such guardian, and the Court shall, before granting the application give him a reasonable opportunity of objecting to the granting thereof.] S. 199-A Inst. by the Code of Criminal Procedure (Second Amendment) Act, XVIII of 1923. [199-B. Form of authorisation under second proviso to Section 198 or 199: (1) The authorisation of a husband given to another person to make a complaint on his behalf under the second proviso to Section 198 or the second proviso to Section 199 shall be in writing, shall be signed or, otherwise attested by the husband, shall contain a statement to the effect that he has been informed of the allegations upon which the complaint is to be founded, shall be" countersigned by the Officer referred to in the said provisos, and shall be accompanied by a certificate signed by that officer to the effect that leave of absence for the purpose of making a complaint in person cannot for the time being be granted to the husband.] (2) Any document purporting to be such an authorisation and complying with the provisions of sub-section (1), and any document purporting to be a certificate required by that sub- section shall, unless the contrary is proved, be presumed to be genuine and shall be received in evidence. Section 199-B inst. By the Code of Criminal Procedure (Second Amendment) Act, XVIII of 1943. CHAPTERXVI OF COMPLAINTS TO MAGISTRATES 200. Examination of complainant: A Magistrate taking, cognizance of an offence on complaint shall at once examine the complainant upon oath, and the substance of the examination shall be reduced to writing and shall be signed by the complainant, and also by the Magistrate : Provided as follows: (a) when the complaint is made in writing, nothing herein contained shall be deemed to require a Magistrate to examine the complainant before transferring the case under Section 192 [or sending it to the Court of Session]; (aa) when the complaint Is made in writing nothing herein contained shall be deemed to require the examination of a complainant in any case in which the complaint has been made by a Court or by a public servant acting or -purporting to act in the discharge of his official duties; (b) [Omitted A.O., 1949,Sch.]; (c) when the case has been transferred under Section 192-and the Magistrate so transferring it has already examined the complainant, the Magistrate to whom it is so transferred shall not be bound to re-examine the complainant. Words added by Law Reforms Ordinance. XII of 1972 201. Procedure by Magistrate not competent to take cognizance of the case: (1) If the complaint has been made in/writing to a Magistrate-who is not competent to take cognizance of the case, he shall return the complaint for presentation to the proper Court with an endorsement to that effect. (2) If the complaint has not been made in writing, such Magistrate shall direct the complainant to the proper Court. [202. Postponement of issue of process : (1) Any Court, on receipt of a complaint of an offence of which it is authorised to take cognizance; or which has been sent to it under Section 190, sub-section (3), or referred to it under Section 191 or-Section 192, may, if it thinks fit, for reasons to be recorded, postpone tbe4ssueor process for compelling the attendance of the person complained against, and either inquire into the case itself or direct any inquiry or investigation to be made by [any Justice of the Peace or by] a police officer or by such other person as it thinks fit, for the purpose of ascertaining the truth or falsehood of file complaint: Provided that save, where the complaint has been made by a Court, no such direction shall be made unless the complainant has been examined on oath under the provisions of Section 200. (2) A -Court of Session may, instead of directing an investigation under the provisions of sub-section (1), direct the investigation to be made by any Magistrate subordinate to it for the purpose of ascertaining the truth or falsehood of the complaint. (3) If any inquiry or investigation under this section is made by a person not being a Magistrate [or Justice of the Peace] or a police officer, such person shall exercise all the powers conferred by this Code on an officer-in-charge of a police station, except that he shall not have power to arrest without warrant. (4) Any Court inquiring into a case under this section may, if it thinks fit, take evidence of witnesses on oath]. Section 202 Substituted by item No. 79 (ii) of Punjab Notification No. SO(J-II) 1-8/75 (P-V), dated 21.3.1996 for Punjab and by same Item No. of Islamabad Notification No. S.R.O. 255 (I)/96, dated 8-4-1996 for Islamabad only. 203. Dismissal of complaints: [The Court], before whom a complaint is made or to whom it has been transferred, 2s[or sent] may dismiss the complaint, if, after considering the Statement on oath (if any) of the complainant and the result of the investigation or inquiry (if any) under Section 202 there is in his judgment no sufficient ground for proceeding. In such cases he shall briefly record his reasons for so doing. Words subs. by Law Reforms Ordinance, XII of 1972. CHAPTER XVII OF THE COMMENCEMENT OF PROCEEDINGS BEFORE [COURT] 204. Issue of process: (1) If in the opinion of a [Court] taking cognizance of an offence there is sufficient ground of proceeding, and the case appears to be one in which, according to the fourth column of the Second Schedule, a summons should issue in the first instance, [it] shall issue his summons for the attendance of the accused. If the case appears to be one in which, according to that column, a warrant should issue in the first instance, [it] may issue a warrant, or, if [Court] or if [it] thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such [Court] if as if it has no jurisdiction itself some other Court having jurisdiction. (2) Nothing in this section shall be deemed to affect the provisions of Section 90. (3) When by any law for the time being in force any process-fees or other fees are payable, no process shall be issued until the fees are paid, and if such fees are not paid within a reasonable time, the Court may dismiss the complaint. Words added by Item No. 79-A of Punjab Notification No. SO(J-ll) 1-8/75 (P-V), dated 21-3-1996 for Punjab and by same Item No- of Islamabad Notification No. SRO No. 255 (l)/96, dated 8-4-1996 for Islamabad only. Words inserted/subs. by Law Reforms Ordinance, XIl of 1972. 205. Magistrate may dispense with personal attendance of the accused. (1) Whenever a magistrate issues a summons, he may, if he sees reasons so to do, dispense with the personal attendance of the accused, and permit him to appear by his pleader. (2) But the Magistrate inquiring into or trying the case may, in his discretion at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in manner hereinbefore provided. CHAPTER XVHI OF INQUIRY INTO CASES TRIABLE BY THE COURT OF SESSION OR HIGH COURT 206 to 220. [Omitted by Law Reforms Ordinance, XII of 1972]. CHAPTER XIX OF THE CHARGE Form of Charges 221. Charge to state offence: (1) Every charge under this Code shall state the offence with which the accused is charged. (2) Specific name of offence sufficient description: if the law, which creates the offence, gives it any specific name, the offence may be-described in the charge by that name only. (3) How stated where offence has no specific name: If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged (4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge. (5) What implied in charge: The fact that the charge is : made is equivalent to a statement, that every legal condition required by law, to constitute the offence charged was fulfilled in the particular case. (6) Language of charge:- The charge shall be written either in English or in the language of the Court. (7) Previous conviction when to be set put: If the accused having been previously convicted of any offence, Is liable, by reason of such previous conviction, to enhanced punishment ,or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in the charge, if such statement has been omitted, the Court may add it any time before sentence is passed. Illustrations (a) A is charged with the murder of B. This is equivalent to a statement .that As act fell within the definition of murder given in Sections 299 and 300 of the Pakistan Penal Code that it did not fall within any of the general exceptions of the same Code and that It did not fall within any of the five exceptions to Section 300; or that if it did fall within Exception 1, one or other of the three provisos to that exception apply to it. (b) A is charged, under Section 3?-6 of the Pakistan Penal Code with voluntarily causing grievous hurt to B by means of an instrument for shooting. This is equivalent to a statement that the case was not provided for by Section 335 of the Pakistan Penal Code, and that the general exceptions did not apply to it. (c) A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation or using a false property-mark. The charge may state that A committed murder or cheating or theft or extortion, or adultery, or criminal; intimidation or that he use a false property-mark, without referenced the definitions to those crimes contained in the Pakistan Penal Code but the sections, under which, the offence is punishable must, in each instance, be referred to in the charge. (d) A is charged under Section 184 of the Pakistan Penal Code with intentionally obstructing a sale of property offered, for sale by the lawful authority of a public servant. The charge should be in those words. 222. Particulars as to time, place and person : (1) The charge, shall contain such particulars as to the time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect of which, it was committed, as are reasonably .sufficient to give the accused notice of the matter with which he is charged. (2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money, it shall be sufficient to specify the gross sum in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of Section 234 : Provided that the time included between the first and last of such dates shall not exceed one year. 223. When manner of committing offence must be stated: When the nature of the case is such that the particulars mentioned in Sections 221 and 222 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such, particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose. Illustrations (a) A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner in which the theft was affected. (b) A is accused of cheating B at a given time and place, the charge must set out the manner in which A cheated B. (c) A is accused of giving false evidence at a given time and place. The charge must set out, that portion of the evidence given by A which is alleged to be false. (d) A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place. The charge must set out the manner in which A obstructed B in the discharge of his functions. (e) A is accused of the murder of B at a given time and place. The charge need not state the manner in which A murdered B, (f) A is accused of disobeying a direction of the law with intent to save from punishment. The charge must set out the disobedience charged and the law infringed. 224. Words in charge taken in sense of taw under which offence is punishable: In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable. 225. Effect of errors: No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice. Illustrations (a) A is charged under Section 242 of the Pakistan Penal Code, with "having been in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit," the word "fraudulently" being omitted in the charge. Unless it appears that A was in fact misled by this omission, the error shall not be regarded as material, (b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge, or is set out incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The Court may infer from this that the omission to set out the manner of the cheating is not material. (c) A is charged with cheating B, and the manner in which he cheated S is not set out in the charge. There were many transactions between A and B and A had no means of knowing to which of them the charge referred and offered no defence. The Court may infer from such facts that the omission to set out the manner of the cheating was, in the case a material error. (d) A is charged with the murder of Khuda Bakhsh on the 21st January, 1882. In fact, the murdered person's name was Haider Bakhsh, and the date of the murder was the 20th January, 1882. A was never charged with any murder but one, and had heard the trial before the Magistrate, which referred exclusively to the case of Haider Bakhsh, The Court may infer from these facts that A was not misled, and that the error in the charge was immaterial. (e) A was charged with murdering Haider Bakhsh on the 20th January, 1882, and Khuda Bakhsh (who tried to arrest him for that murder) on the 21st January, 1882. When charged for the murder of Haider Bakhsh. he was tried for the murder of Khuda Baksh- The witnesses present in his defence were witnesses in the case of Haider Bakhsh- The Court may infer from this that A was misled, and that the error was material. 226. Procedure on commitment without charge or with imperfect or erroneous charge: [Omitted by Law Reforms Ordinance, XIl of 1972]. 227. Court may alter charge: (1) Any Court may alter or add to any charge at any time before judgment is pronounced. (2) Every such alteration or addition shall be read and explained, to the accused. 228. When trial may proceed immediately after alteration: If the charge framed or alteration or addition made under Section 227 is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecution in the conduct of the case, the Court may, in its discretion, after such charge or alteration or addition has been framed or made, proceed with the trial as if the new or altered charge had been the original charge. 229. When new trial may be directed or trial suspended : If the new or altered or added charge is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary. 230. Stay of proceedings If prosecution of offence in altered charge require previous sanction : If the offence stated in the new or altered or added charge is one for the prosecution of which previous Sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the new or altered charge is founded. 231. Recall of witnesses which charge altered: Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed to recall or resummon, and examine with reference to such alteration or addition, any witness who may have been examined, and also to call any further witness whom the Court may think to be material. 232. Effect of material error: (1) If any Appellate Court, or the High Court [or the Court of Session] in the exercise of its powers of revision or of its powers under Chapter XXVII is of opinion that any person convicted of an offence was misled in his defence by the absence of a charge or by an error in the charge, it shall direct a new trial to be had upon a charge framed in whatever manner it thinks fit. (2) If the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the, conviction. Illustration A is convicted of an offence, under Section 196 of the Pakistan Penal Code, upon a charge which omits to state that he knew the evidence, which he corruptly used or attempted to use ;as true or genuine, Was false or fabricated, if the Court thinks it probable that A had such knowledge, and that he was misled in his defence by the omission from the charge of the statement that he had it, it shall direct a new trial upon an amended charge but if it appears probable from the proceedings that A had no such knowledge, it shall quash the conviction. Word inserted by Law Reforms Ordinance, XII of 1972. Joinder of charges 233. Separate charged for distinct offences: For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately except in the cases mentioned in Sections 234, 235, 236 and 239. Illustrations A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt. 234. Three offences of same kind within year may be charged together: (1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three. (2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Pakistan Penal Code or of any special or local law: Provided that, for the purpose of this section, an offence punishable under Section 379 of the Pakistan Penal Code shall be deemed to be an offence of the same kind as an offence punishable under Section 380 of the said Code, and that an offence punishable under any section of the Pakistan Penal Code, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence. 235. Trial for more than one offence: (1) If, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence- (2) Offence falling within two definitions: If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with, and tried at one trial for; each of such offences. (3) Acts constituting one offence, but constituting when combined a different offence: If several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person accused of them may be charged with, and tried at one trial for the offence constituted by such acts when combined, and for any offence constituted by any one, or more, of such acts. (4) Nothing contained in this section shall affect the Pakistan Penal Code, Section 71. Illustrations to sub-section (1)— (a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to C, a constable in whose custody B was. A may be charged with, and convicted of, offences under Sections 225 and 333 of the Pakistan Penal Code. (b) A commits house-breaking by day with intent to commit adultery, and commits in the house so entered adultery with B's wife. A may be separately charged with, and convicted of offences under Sections 454 and 497 of the Pakistan Penal Code. (c) A entices B, the wife of C, away from C, with intent to commit adultery with B, and then commits adultery with her. A may be separately charged with, and convicted of, offences under Sections 498 and 497 of the Pakistan Penal Code. (d) A has in his possession several seals, knowing them to be counterfeit and intending to use them for the purpose of committing several forgeries punishable under Section 466 of the Pakistan Penal Code. A may be separately charged with, and convicted of the possession of each seal under Section 473 of the Pakistan Penal Code. (e) With intent to cause Injury to B, A institutes a criminal proceeding against him, knowing that there is no just or lawful ground for such proceeding; and also falsely accuses B of having committed an offence, knowing that there is no Just or lawful ground for such charges. A may be separately charged with, and convicted of, two offences under Section 211 of the Pakistan Penal Code. (f) A, with intent to cause injury to B, falsely accuses him of having committed an offence, knowing that there is no just or lawful ground for such charge. On the trial, A gives false evidence against B. intending thereby to cause B to be convicted of a capital offence. A may be separately charged with, and convicted of, offences under Sections 211 and 194 of the Pakistan Penal Code. (g) A, with six others, commits the offences of rioting, grievous hurt and assaulting a public servant endeavouring in the discharge of his duty as such to suppress the riot. A may be separately charged with, and convicted of, offences under Sections 147, 325 and 152 of the Pakistan Pena! Code. (h) A threatens B. C and D at the same time with injury to their persons with intent to cause harm to them. A may be separately charged with and convicted of, each of the three offences under Section 506 of the Pakistan Penal Code. The separate charges referred to in illustrations (a) to (h) respectively may be tried at the same time. to sub-section (2)- (i) A wrongfully strikes B with a cane. A may be separately charged with and convicted of, offences under Sections 352 and 323 of the Pakistan Penal Code. (j) Several stolen sacks of corn are made over to A and B, who know they are stolen property, for the purpose of concealing them, A and B thereupon voluntarily assist each other to conceal the sacks at the bottom of a grain pit. A and B may be separately charged with, and convicted of, offences under Sections 411 and 414 of the Pakistan Penal Code. (k) A exposes her child with the knowledge that she is thereby likely to cause its death. The child dies in consequence of such exposure. A may be separately charged with, and convicted of, offences under Section 317 and 304 of the Pakistan Penal Code, (l) A dishonestly uses a forged document as genuine evidence, in order to convict B, a public servant, of an offence under Section 167 of the Pakistan Penal Code. A may be separately charged with, and convicted of, offences under Sections 471 (read with 466) and 196 of the same Code. to sub-section (3)- (m) A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be separately charged with, and convicted of, offences under Sections 323, 392 and 394 of the Pakistan Penal Code. 236. When it is doubtful what offence has been committed: If a single act or series of acts is of such a nature that it is doubtful which of several offences, the facts which can be proved will constitute the accused may be charged with having committed all or any of such offences, and any number or such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences. Illustrations (a) A is accused of an act, which may amount to theft, or receiving stolen property, or criminal breach of trust or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with having committed theft, or receiving stolen property, or criminal breach of trust or cheating. (b) A states on oath before the Magistrate that he saw B hit C with a club. Before the Sessions Court A states on oath that B never hit C. A may be charged in the alternative and convicted of intentionally giving false evidence, although It cannot be proved when of these contradictory statements was false. 237. When a person Is charged with one offence, he can be convicted of another: (1) If, in the case mentioned in Section 236, the accused is charged with one offence, and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of that section, he may be convicted of the offence which he is shown to have committed, although he was not charged with it. (2) [Rep. by the Code of Criminal Procedure (Amendment) Act, 1923 (18 of 1923), Section 63]. Illustration A is charged with theft. It appears that he committed the offence of criminal breach of trust, or that of receiving stolen goods. He may be convicted of criminal breach of trust or of receiving stolen goods (as the case may be) though he was not charged with such offence. 238. When offence proved included in offence charged: (1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, that the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it. (2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence, although he Is not charged with it. (2-A) When a person is charged with an offence, he may be convicted of an attempt to commit such offence although the attempt is not separately charged. (3) Nothing in this section shall be deemed to authorize a conviction of any offence referred to in Section 198 or Section 199 when, no complaint has been made as required by that section. Illustrations (a) A is charged, under Section 407 of the Pakistan Penal Code, with criminal breach of trust in respect of property entrusted to him as a carrier. It appears, that he did commit criminal breach of trust under Section 406 in respect of the property but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under Section 406. (b) A is charged, under Section 325 of the Pakistan Penal Code, with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under Section 335 of that Code. 239. What persons may be charged jointly: The following persons may be charged and tried together, namely; (a) persons accused of the same offence committed, in the course of the same transaction (b) persons accused of an offence and persons accused of abetment, or of an attempt to commit such offence; (c) persons accused of more than one offence of the same kind, within the meaning of Section 234 committed by them jointly within the period of twelve months; (d) persons accused of different offences committed in the course of the same transaction (e) persons accused of an offence which includes theft, extortion, or criminal misappropriation, and persons accused of receiving, or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been. transferred by any such offence committed by the first-named persons, or of abetment of or attempting to commit any such last-named offence: (f) persons accused of offences under Sections 411 and 414 of the Pakistan Penal Code or either of those sections in respect of stolen property the possession of which has been transferred by one offence; and (g) persons accused of any offence under Chapter XIl of the Pakistan Penal Code relating to counterfeit coin, and persons accused of any other offence under the said Chapter relating to the same coin, or of abetment of or attempting to commit any such offence. and the provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges. 240. Withdrawal of remaining charges on conviction on one of several charges : When a charge containing more heads than one, is framed against the same person and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges- Such withdrawal shall have effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court of setting aside the conviction) may proceed with the inquiry into or trial of the charge or charge so withdrawn. CHAPTER XX OF THE TRIAL OF CASES BY MAGISTRATES 241. Procedure in trial of cases: The following procedure shall be observed by Magistrates in the trial of cases. [241 -A. Supply of statements and documents to the accused : (1) In all cases instituted upon police report, except those tried summarily or punishable with fine or imprisonment not exceeding six months, copies of statements of all witnesses recorded under Sections 161 and 164 and of the inspection-note- recorded by an investigating officer on his first visit to the place of occurrence, shall be supplied free of cost to the accused not less than seven days before the commencement of the trial: Provided that, if any part of the statement recorded under Section 161 is such that its disclosure to the accused would be inexpedient in the public interest, such part of the statement shall be excluded from the copy of the statement furnished to the accused. (2) In all cases instituted upon a complaint in writing, the complainant shal!-- (a) state in the petition of complaint the substance of the accusation, the names of his witnesses and the gist of the evidence which he is likely to adduce at the trial; and (b) within three days of the order of the Court under Section 204 for issue of process to the accused, file in the Court for supply to the accused, as many copies of the complaint and any other document which he has filed with his complaint as the number of the accused: Provided that the provisions of this sub-section shall not apply in any case in which the complaint has been made by a Court or by a public servant acting or purporting to act in discharge of his official duties], Section 241-A added by Law Reforms Ordinance, XIl of 1972. 242. Charge to be framed : When the accused appears or is brought before the Magistrate, a formal charge shall be framed relating to the offence of which he is accused and he shall be asked whether he admits that he has committed the offence with which he is charged. 243. Conviction on admission of truth of accusation: If the accused admits that he has committed the offence [with which he is charged], his admission shall be recorded as nearly as possible in the words used by him; and, if he shows no sufficient cause why he should not be convicted, the Magistrate may convict him accordingly. Words subs- by Law Reforms Ordinance, XII of 1972. 244. Procedure when no such admission is made: (1) If the Magistrate does not convict the accused under the preceding section or if the accused does not make such admission, 'the Magistrate shall proceed to hear the complainant (if any), and take all such evidence as may be produced In support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence: Provided that the Magistrate shall not be bound to hear any person as complainant tn any case in which the complaint has been made by a Court. (2)The Magistrate may, if he thinks fit on the application of the complainant or accused issue a summons to any witness directing him to attend or to produce any document or other thing. (3) The Magistrate may, before summoning any witness on such application, require that his reasonable expenses, incurred in attending for the purposes of the trial, be deposited in Court: provided that it shall not be necessary for the accused to deposit any such expenses in Court in cases where he is charged with an offence punishable with imprisonment exceeding six months. 244-A. Statement made under Section 164: The statement of a witness duty recorded under Section 164, if it was made in the presence of the accused and if he had notice of it and was given, an opportunity of cross-examining the witness, may in the discretion of the Court, if such witness is produced and examined, be treated as evidence in case for all purposes subject to the provisions of the Qanun-e-Shahadat, 1984. 245. Acquittal: (1) If the Magistrate upon taking the evidence referred to in Section 244 and such further evidence (if any) as he may, of his own motion, cause to be produced, and (if he thinks fit) examining the accused, finds the accused not guilty, he shall record an order of acquittal. (2) Sentence: Where the Magistrate does not proceed in accordance with the provisions of Section 349 he shall if he finds the accused guilty, pass sentence upon him according to taw. 245-A. Procedure in cases of previous convictions: In a case where a previous conviction is charged under the provisions of Section 221, sub-section (7), and the accused does not admit that he had been previously convicted as alleged in the charges the Magistrate may, after he has convicted the accused under Section 243, or under Section 245, sub-section (2), take evidence in respect of the alleged previous conviction, and if he does so, shall record a finding thereon. 246. [Omitted by Law Reforms Ordinance, XII of 1972]. 247. Non-appearance of complainant: If the summons has been issued on complaint, and upon the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reasons he thinks proper to adjourn the hearing of the case to some other day : Provided that, where the complainant is a public servant and his personal attendance, is not required, the Magistrate may dispense with his attendance, and proceed with the cage: Provided further that nothing in this section shall apply where the offence of which the accused is charged is either cognizable or non-compoundable. 248. Withdrawal of complaint: If a complainant, at any time before a final order is: passed -in any case under this Chapter satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused. 249. Power to stop proceeding when no complaint: In any case instituted otherwise than upon complaint, a Magistrate of the First Class, or with the previous-sanction of the Sessions Judge, any other Magistrate may for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment either of acquittal or conviction; and may thereupon release the accused. 249-A. Power of Magistrate to acquit accused at any stage: Nothing in this Chapter shall be deemed to prevent a Magistrate from acquitting an accused at any stage of the case if after hearing the prosecutor and the accused and for reasons to be recorded, he considers that the charge is groundless or that there is no probability of the accused being convicted of any offence. Frivolous Accusations in cases tried by Magistrate 250. False, frivolous or vexatious accusations: (1) If in any case instituted upon complaint or upon information given to a police-officer or to a Magistrate, one or more persons is or are accused before Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is heard acquits all or any of the accused, and is of opinion that the accusation against them or any of them was false and either frivolous or vexatious, the Magistrate may, by his order of acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused or to each or any of such accused when there are more than one, or if such person is not present direct the issue of a summons to him to appear and show cause as aforesaid. (2) The Magistrate shall record and consider any cause which such complainant or informant may show and if he is satisfied that the accusation was false and either frivolous or vexatious may, for reasons to be recorded, direct that compensation to such amount not exceeding twenty-five thousand rupees or, if the Magistrate is a Magistrate Of the Third Class not exceeding two thousand and five hundred rupees as he may determine be paid, by such complainant or informant to the accused or to each or any of them. (2-A) The compensation payable under sub-section (2) shall be recoverable as an arrear of land-revenue. (2-B) When any person is imprisoned under sub-section (2-A) the provisions of Sections 68 and 69 the Pakistan Penal Code shall, so far as may be, apply. (2-C) No person who has been directed to pay compensation under this section shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made or information given by him: Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter. (3) A complainant or informant who has been ordered under sub-section (2) by a Magistrate of the Second or Third Class to pay compensation or has been so ordered by any other Magistrate to pay compensation exceeding fifty rupees may appeal from the order, in so far as the order relates to the payment of the compensation, as if such complainant or informant had been convicted on a trial held by such Magistrate. (4) When an order for payment of compensation to an accused person is made in a case which is subject to appeal under sub-section (3), the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided and, where such order is made in a case which is not so subject to appeal, the compensation shall not be paid before the expiration of one month from the date of the order. (5) [Rep. by the Code of Criminal Procedure (Amendment) Act, 7923 (XVHI of 192^, S. 69. 250-A. Special summons in case of petty offences: (1) Any Magistrate of the fif9t Class specially empowered in this behalf by the Provincial Government taking cognizance of any offence punishable only with fine shall, except for reasons to be recorded in writing, issue summons to the accused requiring him either to appear before him on a specified date in person or by an advocate or, if he desires to plead .guilty to the charge, without appearing before the Magistrate, to transmit to the Magistrate before the specified date, by registered post or through a messenger, the said plea in writing and the amount of fine specified in the summons or, if he desires to appear by an advocate and .to plead guilty to the charge, to authorise, in writing such advocate t6 plead guilty to the charge on his behalf and to pay the fine : Provided that the amount of the fine specified in such summons shall not be less than twenty-five per cent. nor more than fifty per cent. of the maximum fine provided for such offence. (2) Sub-section (1) shall not apply to an offence punishable under the Motor Vehicles Ordinance, 1965 (Ordinance XIX of 1965), or under any other law, which provides for the accused person being convicted in his absence on a plea of guilty. CHAPTER XXI OF THE TRIAL QF WARRANT CASES BY MAGISTRATES 251 & 259. [Omitted by Law Reforms Ordinance, XII of 1972]. CHAPTER XXII OF SUMMARY TRIALS 260. Power to try summarily: (1) Notwithstanding anything contained in this Code-- (a) [Omitted by Law Reforms Ordinance, XII of 1972], (b) any Magistrate of the First Class specially empowered in this behalf by the Provincial Government, and (c) any Bench of Magistrates invested with the powers of a Magistrate of the First Class and especially empowered in this behalf by the Provincial Government, may, if he or they think fit, try in a summary way alt or any of the following offences: (a) offences not punishable with death, transportation or imprisonment for a term exceeding six months; (b) offences relating to weights and measures under Sections 264, 265 and 266 of the Pakistan Penal Code; (c) hurt, under clause (i) of section 337-A of the same Code; (d) theft under Sections 379, 380 or 381 of the same Code, where the value of the property stolen does not exceed ten thousand rupees; (e) dishonest misappropriation of property under Section 403 of the same Code, where the value of the property misappropriated does not exceed so ten thousand rupees ; (f) receiving or retaining stolen property under Section 411 of the same Code, where the value of such property does not exceed ten thousand rupees; (g) assisting in the concealment or disposal of stolen property, under Section 414 of the same Code, where the value of such property does not exceed ten thousand rupees; (h) mischief, under Section 247 of the same Code; (i) house-trespass, under Section 448, and offences under Sections 451, 453, 454, 456 and 457 of the same Code- (j) insult with intent to provoke a breach of the peace, under Section 504. and criminal intimidation, under Section 506 of the same Code; (jj) offence of personation at an election under Section 171-F of the same Code; (k) abetment of any of the foregoing offences; (l) an attempt to commit any of the foregoing offences, when such attempt is an offence; (m) offences under Section 20 of the Cattle-Trespass Act, 1871. Proviso : [Omitted by Law Reforms Ordinance, XII of 1972]. (2) When in the course of a summary trial it appears to the Magistrate or Bench that the case is one which is of a character which renders it undesirable that it should be tried summarily, the Magistrate or Bench shall recall any witnesses who may have been examined and proceed to rehear the case in manner provided by this Code. 261. Power to invest Bench of Magistrates invested with less powers: The Provincial Government may on the recommendation of: High Coon confer on any Bench of Magistrates invested with the powers of a Magistrate of the Second or Third Class power to try summarily all or any of the following offences:- (a) offences against the Pakistan Penal Code, Sections 277. 278, 279, 285, 286, 289. 290, 292, 293, 294, 337-A (i), 337-L (2), 337-H (2), 341, 352, 426, 447 and 504; (b) offences against Municipal Acts, and the conservancy clauses of Police Acts which are punishable only with fine or with imprisonment for a term not exceeding one month with or without fine ; (c) abetment of any of the foregoing offences ; (d) an attempt to commit any of the foregoing offences when such attempt is an offence. . 262. Procedure prescribed in Chapter XX applicable : (1) In trials under this Chapter, the procedure prescribed in Chapter XX shall be followed except as hereinafter mentioned. (2) Limit of imprisonment : No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter. 263. Record in cases where there is no appeal: In cases where no appeal ties, the Magistrate or Bench of Magistrates need not record the evidence of the witnesses or frame a formal charge; but he or they shall enter in such form as the Provincial Government may direct the, following particulars :-- (a) the serial number; (b) the date of the commission of the offence; (c) the date of the report or complaint; (d) the name of the complainant (if any); (e) the name, parentage and residence of the accused ; (f) the offence complained of and the offence (if any), proved, and in cases coming under clause (d), clause (e), clause (f) or clause (g) of sub-section (1) of Section 260, the value of the property in respect of which the offence has been committed ; (g) the plea of the accused and his examination (if any); (h) the finding, and, in the case of a conviction, a brief statement of the reasons therefore; (i) the sentence or other final order; and (j) the date on which the proceedings terminated. 264. Record in appealable cases: (1) In every case tried summarily by a Magistrate or Bench in which an appeal ties such Magistrate or Bench shall record the substance of the evidence and also the particulars mentioned in sub-section 263. 54[and shall, before passing any sentence, record a judgment in the case. 265. Language of record and Judgment: (1) Records made under Section 263 and judgments recorded under Section 264 shall be written by the Presiding Officer, either in English or in the language of the Court, or if the Court to Which such Presiding Officer is immediately subordinate so directs, in such officer's mother tongue. (2) Bench may be authorized to employ clerk: The Provincial Government may authorize any Bench of Magistrates empowered to try offences summarily to prepare the aforesaid record or judgment by means of an officer appointed in this behalf by the Court to which such Bench is immediately subordinate, and the record. or judgment so prepared shall be signed by each member of such Bench present taking part in the proceedings. (3) if no such authorization, be given, the record prepared by a member of the Bench and signed as aforesaid shall be the proper record. (4) If the Bench differ In opinion, any dissentient member may write a separate judgment. CHAPTER XXII-A TRIALS BEFORE HGHH COURTS AND COURTS OF SESSION 265-A. Trials before Court of Session to he conducted by Public Prosecutors: In every trial before a Court of Session, initiated upon a police report, the prosecution shaft be conducted by the Public Prosecutor. 265-B. Procedure in cases triable by High Courts and Courts of Session: The following procedure shall be observed by the High Courts and the Courts of Session in the trial of cases triable by the said Courts. 265-C. Supply of statements and documents to the accused:(1) In all cases instituted upon police report, copies of the following documents shall be supplied free of cost to the accused not later than seven days before the commencement of the trial, namely-- (a) the first information reports (b) the police report; (c) the statements of all witnesses recorded under Sections 161 and 164; and (d) the inspection note recorded by an investigation officer on his first visit, to the place of occurrence and the note recorded by him on recoveries made, if any: Provided that, If arty part of a statement recorded under Section 161 or Section 464 is such that its disclosure to the accused would be inexpedient in the public interest, such part of the statement shall be excluded from the copy of the statement furnished to the accused. (2) in all cases instituted upon a complaint in writing- (a) the complainant shall- (i) state in the petition of complaint the substance of the accusation, the names of his witnesses and the gist of the evidence which he is likely to adduce at the trial; and (ii) within three days of the order of the Court under Section 204 for issue of process to the accused, file, in the Court for supply to the accused as many copies of the complaint and any other document -which he has filed with his complaint as the number of the accused and (b) copies of the complaint, and any other documents which the complainant has filed therewith and the statement under Section'200 or Section 202 shall be supplied free of cost to the accused not later than seven days before the commencement of the trial. 265-D When charge to be framed: If, after perusing the police report or, as the case may be, the complaint, and all other documents and statements filed by the prosecution, the Court is of opinion that there is ground for proceeding with the trial of the accused it shall frame in writing a charge against the accused. 265-E. Plea: (1) The charge shall be read and explained to the accused, and he shall be asked whether he is guilty or has any defence to make. (2)- If the accused pleads guilty, the Court shall record the plea, and may in its discretion convict him thereon. 265-F. Evidence for prosecution: (1) if the accused does not plead guilty or the Court in its discretion does not convict him on his plea, the Court shall proceed to hear the complainant (if any) and take all such evidence as may be produced in support of the prosecution: Provided that the Court shall not be bound to hear any person as complainant in any case in which the complaint has been made by a Court. (2) The Court shall ascertain from the Public Prosecutor or, as the case may be from the complainant, the names of any persons likely to be acquainted with the facts of the case and to be able to give evidence for the prosecution, and shall summon such persons to give evidence before it. (3) The Court may refuse to summon any such witness, if it is of opinion that such witness is being called for the purpose of vexation or delay or defeating "the ends of justice. Such ground shall be recorded by the Court in-writing. (4) When the examination of the witnesses for the prosecution and the examination pf any of the accused are concluded, the accused shall be asked whether he means to adduce evidence. (5) If the accused puts in any written statement, the Court shall file it with the record. (6) If the accused, or any one of several accused, says that ha means to adduce evidence, the Court shall call on the accused to/enter on his defence and produce his evidence. (7) If the accused, or any one of several accused, after entering on his defence, applies to the Court to issue any process for compelling the attendance of any witness for examination or the production of any document or other thing, the Court shall issue such process unless it considers that the application is made for the purpose of vexation or delay or defeating the ends of justice. 3uch 'ground shall be recorded by the Court in writing. 265-G. Summoning up by prosecutor and defence: (1) in cases Where the accused, or any one of several accused, does hot adduce evidence in his defence, the Court shall, on the close of the prosecution case and examination (if any) of the accused, call upon the prosecutor to sum up his case where after the accused shall make a reply - (2) In cases where the accused, or any of the several accused, examines evidence, in his defence, the Court shall, on the close of the defence case, call upon the accused to sum up the case whereafter the prosecutor shall make a reply. 265-H. Acquittal or conviction: (1) if in any case under this Chapter in which a charge has been framed the Court finds the accused not guilty, it shall record an order of acquittal. (2) If in any case under this Chapter the Court finds the accused guilty the Court shall/subject to the provisions of Section 265-1, pass a sentence upon him according to law. 265-I. Procedure in case of previous conviction: (1) In a case where, by reason of a previous conviction the accused has been charged under Section 221, sub-section (7), the Court, after finding the-accused guilty of the offence charged and recording a conviction, shall record the plea of the accused in relation to such part of the charge. (2) If the accused admits that he has been previously convicted as alleged in the charge, the Court may pass a sentence upon him according to law, and if the accused does not admit that he has been previously convicted as alleged in the charge, the Court may take evidence m respect of the alleged previous conviction, and shall record a finding thereon, and then pass sentence upon him according to law, 265-J. Statement under Section 164 admissible: The statement of a witness duly recorded under Section 164, if it was made in the presence of the accused and if he had notice of it and was given an opportunity of cross-examining the witness, may, in the discretion of the Court, if such witness is produced and examined, be treated as evidence in the case for all purposes Subject to the provisions of the Qanun-e-Shahadat 1984. 265-K. Power of Court to acquit accused at any stage: Nothing in this Chapter shall be deemed to prevent a Court from acquitting an accused at any stage of the case, if, after nearing the prosecutor and the accused and for reasons to be recorded, it considers that there is not probability of the accused being convicted of any offence. 265-L. Power of Advocate-General to stay prosecution: At any stage of any trial before a High Court under this Code, before the sentence is passed, the Advocate- General may, if he thinks fit inform the Court on behalf of Government that he will not prosecute the accused upon the charge; and thereupon alt proceedings against the accused shall be stayed, and he shall be discharged of and from the same. But such discharge shall not amount to an acquittal unless the presiding Judge otherwise directs. 265-M. Time of holding sittings: For the exercise of its original criminal jurisdiction, every High Court shall hold sittings on such days and at such convenient intervals as the Chief Justice of such Court from time to time appoints. 265-N, Place of holding sittings: (1) The High Court shall hold its sittings at the place at which it held them immediately before the commencement of the Law Reforms Ordinance. 1972, or at such other place (if any) as the Provincial Government may direct. (2) But the High Court, may, from time to time with the consent of the Provincial Government, hold sittings at such other places within the local limits of its appellate jurisdiction as the High Court appoints. (3) Such officer as the Chief Justice directs shall give prior notice in the official Gazette of all sittings intended to be held for the exercise of the criminal jurisdiction of the High Court. CHAPTER XXIII OF THE TRIALS BEFORE HIGH COURT AND COURTS OF SESSION 266 to 336. Omitted by Law Reforms Ordinance XIl of 1972 CHAPTER XXIV GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS 337. Tender of pander to accomplice: (1) In the case of any offence triable exclusively by the High Court or Court of Session, or any offence punishable with imprisonment which may extend to ten years, or any offence punishable under Section 211 of the Pakistan Penal Code with imprisonment which may extend to seven years, or any offence under- any of the following sections of the Pakistan Penal Code, namely, Sections 216-A. 369. 401, 435 and 477-A, [officer incharge of the prosecution in the district] may, at any stage of investigation or inquiry into or the trial of the offence, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to the offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof: provided that no person shall be tendered pardon who is involved in an offence relating to hurt or qatl without permission of the victim or as the case may be of the heirs of the victim. Proviso: [Omitted by Federal Laws (Revision and Declaration) Ordinance XXVII of 1981]. (1-A) Every Magistrate who tenders a pardon under sub-section (1) shall record his reasons, for so doing and shall on application made by the accused, furnish him. with a copy of such record : Provided that the accused all pay for the same unless the Magistrate for some special reason thinks fit to furnish it free of cost. (2) Every person accepting a tender under this section shall be examined as a witness in the subsequent trial, if any. (2-A) In every case where a person has accepted a tender of pardon and has been examined under sub-section (2), the Magistrate before whom the proceedings are pending shall, if he is satisfied that there are reasonable grounds for believing that the accused is guilty of an offence, commit him for trial to the Court of Session or High Court, as the case may be- (3) Such person, unless he is already on bail, shall be detained in custody until the termination of the trial. (4) [Repealed by Code of Criminal Procedure (Amendment) Act. XVIII of 1923]. Subs. by Ordinance, XXXVII of 2001. dt 13-8-2001. 338. Power to grant tender of pardon: At any time before the judgment is passed the High Court or the Court of Session trying the case may, with the view of obtaining on the trial the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, any such offence, tender, or order the [officer-in-charge of the prosecution in the district] to tender a pardon on the same condition to such person: Provided that no person shall be tendered pardon who is involved in an offence relating to hurt or qatl; without permission of the victim or. as the base may be, of the heirs of the victim. Subs. by Ordinance, XXXVII of 2001. dt 13-8-2001. 339. Commitment of person to whom pardon has been tendered: (l) Where a pardon has-been tendered under Section 337 or Section 388, and the Public Prosecutor certifies that in his opinion any person who has accepted such tender has, either by wilfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender was made such person may be tried for the offence in respect of which the pardon was so tendered or for any other offence of which he appears to have been guilty in connection with the same matter: Provided that such person shall not be tried jointly with any of the other accused, and that he shall be-entitled to plead at such trial that he has complied with the conditions upon which such tender was made, in which case it shall be for the prosecution to prove that such conditions have not been complied with. (2) The statement made by a person who has accepted a tender of pardon may be-given in evidence against him at such trial. (3) No prosecution for the offence of giving false evidence in respect of such statement shall be entertained without the sanction of the High Court. 339-A. Procedure in trial of person under Section 339: The Court trying under Section 339 a person who has accepted a tender of pardon-shall, before the evidence of the witnesses for the prosecution is taken, ask the accused, whether he pleads that he has complied with the conditions on which the tender of the pardon was made. (2) If the accused does so plead, the Court shall record the plea and proceed with the trial, and, shall, before judgment is passed in the case find whether or not the accused as complied with the conditions of the pardon, and if it is found that he has so complied, the Court shall, notwithstanding anything contained in this Code, pass judgment of acquittal. 340. Right of person against whom proceedings are instituted to be defended and his competency to be a witness: (1) Any person accused of an offence before a Criminal Court, or against, whom proceedings are instituted under this Code in any such Court, may of right be defended by a pleader. . (2) Any person accused of an offence before a Criminal Court or against whom proceedings are instituted under this Code in any such Court shall, if he does not plead guilty, give evidence on oath in disproof of the charges or allegations made against him or any person charged or tried together with him at the same trial - Provided that he shall not be asked, and, if asked, shall not be required to answer, any question tending to show that he has committed or been convicted of any offence other than the offence with which he is charged or for which he is being tried, or is of bad character, unless. (i) the proof that he has committed or been convicted of such offence is admissible in evidence to show that he is guilty of the offence with which he is charged or for which he is being tried; or (ii) He has personally or by his pleader asked questions of any witness for the prosecution with a view to establishing his own good character, or has given evidence of his good character; or (iii) he has given evidence against any other person charged wither tried for the same offence. 341. Procedure where accused does not understand proceedings : If the accused though not insane, cannot be made to understand the proceedings, the Court may proceed with the trial; and-in the case of a Court other than a High Court or if such trial results in a conviction, the proceedings shell be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit. 342. Power to examine the accused: (1) For the purpose of enabling the accused to explain any .circumstances appearing in the evidence against him, the Court-may, at any stage of any inquiry or trial without previously warning the accused, put such questions to him as the Court considers necessary, and shall, for the purpose aforesaid, question him generally on the case after the witnesses for the prosecution have been .examined and before he is called on for his defence; (2) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them; but the Court may draw such inference from such refusal or answers as it thinks just. (3) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into or trial for, any other offence which such answers may tend to show he has committed. : (4) Except as provided by sub-section (2) of Section 340, no oath shall be administered to the accused. 343. No influence to be used to induce disclosures: Except as provided m Section 3377 and 338 no influence, by means of any promise or threat or otherwise; shall be used to an accused person to induce him to disclose or withhold any matter within his knowledge. 344. Power to postpone or adjourn proceedings: If, from the absence of a witness, or any other reasonable cause, it becomes necessary-or advisable to postpone the commencement of, or adjourn any inquiry or trial, the Court may, if it thinks fit, by order in writing, stating the reasons therefore, from time to time, postpone or adjourn the same on such terms as it thinks-fit, for such time as it considers reasonable and may by a warrant remand the accused if in custody : Remand: Provided no Magistrate shall remand an accused person to custody under this section for a term exceeding fifteen days at a time. (2) Every order made under this section by a Court other than a High Court shall be in writing signed by the presiding Judge or Magistrate. Explanation Reasonable cause for remand: If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand. 345. Compounding offence: (1) The offences punishable under the sections of the Pakistan Penal Code specified in the first two columns of the table next following may be compounded by the persons mentioned in the third column of that table:- Offence Sections of the Pakistan Penal Code applicable Persons by whom offence may be compounded. Uttering words, etc., with deliberate intent to wound the religious feelings of any person. 296 The person whose religious feelings are intended to be wounded. Wrongfully restraining or confining any person. 241, 342 The person restrained or confined. Assault or use Of criminal force. 352, 355, 358 The person assaulted or to whom criminal force is used. Unlawful compulsory labour. 374 The person compelled to labour. Mischief when the only loss or damage caused is loss or damage to a private person. 426, 427 The person to whom the loss or damage is caused. Criminal trespass 447 House-trespass 448 The person in possession of the property trespassed upon. Dishonestly issuing a cheque for repayment of loan or fulfilment of an obligation. 489-F The person in whose favour cheque issued. Criminal breach of contract of service. 490, 491, 492 The person with whom the offender has contracted. Adultery 497 The husband of the woman. Enticing or taking away or detaining with criminal intent 498 a married woman Defamation 500 Printing or engraving matter knowing it to be defamatory. 501 The person defamed. Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter. 502 Insult intended to provoke a breach of the peace. 504 The person insulted. Criminal intimidation except when the offence is punishable with Imprison- ment for seven years. 506 The person intimidated. Act caused by making a person believe that he wilt be an object of divine displeasure. 508 The person against whom the offence was committed. (2) The offences punishable under the sections of the Pakistan Penal Code specified in the first two columns of the table next following may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that table: Offence Sections of the Pakistan Penal Code applicable Persons by whom offence may be compounded. Qatl-i-amd 302 By the heirs of the victim. Qatt under ikram-i-tam 303 Ditto Qatl-i-amd not liable to qisas 308 Ditto Qatt-i-Shibh-i-amd 316 By the heirs of the victim. Qatt-i-khata 319 Ditto Qatl-i-khata by rash or negligent driving. 320 Ditto Qatl-bis-sabab 322 Ditto Attempt to commit Qati-i-amd 324 The person against whom the offence was committed, Itlaf-i-udw 334 The person to whom is caused, Itlaf-i-Satahiyyat-i-udw 336 Ditto Shajjah of any kinds 337-A Ditto Jaifah 337-D Ditto Ghayr-jaifah of any kind 337-F Ditto Hurt by rash or negligent driving 337-G Ditto Hurt by rash or negligent act 337-H Ditto Hurt by mistake 337-I Ditto Hurt by means of a poison. 337-J Ditto Hurt to extort confession or to compel restoration of property 337-k Ditto Other hurts 337-L Ditto Hurt not liable to qisas 337-M Ditto Cases in which qisas for hurt cannot be enforced 337-N Ditto Isqat-i-haml 338-A The Victim or the heirs of the victim, as the case may be. Isqat-janin 338-C The Victim or the heirs of the victim, as the case may be. Wrongfully confining a person for three days or more 343 The person confined Wrongfully confining a person in secret- 346 Ditto Assault or criminal force in attempting wrongfully to confine a person 357 The person assaulted or to whom the force was used. Dishonest misappropriation of property 403 The owner of the property misappropriated: Cheating 417 The person cheated. Cheating a person whose interest the offender was bound, by law or by legal contract, to protect. 418 Ditto Cheating by personation 419 Ditto Cheating and dishonestly inducing delivery of property or the making, alteration or destruction of a valuable security. 420 Ditto Mischief by injury to work of irrigation by wrongfully diverting water when the only loss or damage caused is loss or damage to a private person. 430 The person to whom the loss or damage is caused. House-trespass to commit an offence (other than theft) punishable with imprisonment. 451 The person in possession of the house trespassed upon. Using a false trade or property mark. 482 The person to whom loss or injury is caused by such use. Counterfeiting a trade or property mark used by another. 483 The person whose trade or property mark is counterfeited. Knowingly selling or exposing or possessing for sale or for trade or manufacturing purpose, goods marked with counterfeit trade or property mark. 486 Ditto Marrying again during the lifetime of a husband or wife. 494 The husband or wife of the person so marrying. Uttering words or sounds or making gestures or exhibiting any object intending to insult the modesty of a woman or intruding upon the privacy of a woman. 509 The woman whom it is, intended to insult or whose, privacy is intruded upon. (3) When, any offence is compoundable under this section, the abetment of such offence or an attempt to commit such offence (when such attempt is itself an offence) may be compounded in, like manner. (4) When the person who would otherwise be competent to compound an offence under this section is under the age of eighteen years or is an idiot or a lunatic, any person competent to contract on his behalf may with the permission of the Court compound such offence. (5) when the accused has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave,-of the Court before which the appeal is to be heard. (5-A) A High Court acting in the exercise of its powers of revision under Section 439 and a Court of Session so acting under Section 439-A, may allow any person to compound any offence which he is competent to compound under this section. (6) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded. (7) No offence shall be compounded, except as provided by this section. 346. Procedure of Magistrate In cases which he cannot dispose of : (1) If, in the course of an inquiry or trial before a Magistrate in any district, the evidence appears to him to warrant a presumption that the ease is one which should be tried or sent for trial to the Court of Session or the High Court, by some other Magistrate in such district, he shall stay proceedings and submit the case, with a brief report explaining its nature, to the Sessions Judge or to such other Magistrate, having jurisdiction, as the Sessions Judge, directs. (2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself, or send the case for trial to the Court of Session or the High Court. 347. Procedure when after commencement of trial, Magistrate finds case should be tried by Court of Session or High Court : (1) If, in any trial before a Magistrate before, signing judgment, it appears to him at any stage of the proceedings that the case is one which ought to be tried by the Court of Session or High Court, he shall send the case to the Court of Session or High Court, for trial. 348. Trial of persons previously convicted of offences against coinage, stamp-law or property: (1) Whoever, having been convicted of an offence punishable under Chapter XII or Chapter XVII of the Pakistan Penal Code with imprisonment for a term of three years or upwards is again accused of any offence punishable under either of those Chapters with imprisonment for a term of three years or upwards, shall if the Magistrate before whom the case is pending is satisfied that there are sufficient grounds for the trial of the accused by the Court of Session or High Court, as the case may be, send the accused for trial to such Court unless the Magistrate is competent to try the case and is of opinion that he can himself pass an adequate sentence if the accused is convicted: Proviso: [Omitted by Law Reforms Ordinance, XII of 1972]. (2) When any person is sent for trial to the Court of Session or High Court, under sub- section (1), any other person accused jointly with him in the trial shall be similarly sent for trial. 349. Procedure when Magistrate cannot pass sentence sufficiently severe : (1) Whenever a Magistrate of the Second or Third Class, having jurisdiction, is of opinion, after hearing the evidence for the prosecution and the accused, that the-accused is guilty, and that, he ought to receive a punishment/different In kind from, or more, severe than, that which such Magistrate is empowered to inflict, or that he ought to be required to execute a bond under Section 106, he may record the opinion and submit his proceedings, and forward the accused to a Magistrate of the First Class specially empowered, in this behalf by ,,the Provincial Government. (1-A) When more accused than one are being tried together and the Magistrate considers it necessary to proceed under sub-section (1) in regard to any of such accused, he shall forward all the accused who are in his opinion guilty to the Magistrate empowered under sub-section (1). (2) The Magistrate to whom the proceedings are submitted may, if he thinks fit, examine the parties and recall and examine any witness who has already given evidence in the case and may call for and take any further evidence, and shall pass such judgment, sentence or order in the case as he thinks fit, and as Is according to law: Provided that he shall not inflict a. punishment more severe than he is empowered to inflict under Sections 32 and 33. 350. Conviction or evidence partly recorded by one Presiding Officer and partly by another: (1) Whenever any Sessions Judge or Magistrate, after having heard and recorded the whole or any part of the evidence in an inquiry or a trial, ceases to exercise jurisdiction therein, and is succeeded by another Sessions Judge or Magistrate who has and who exercises such jurisdiction, the Sessions Judge or Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly, recorded by himself; or he may resummon the witnesses an^ recommence the inquiry or trial; Provided that— (a) where the conviction was held before a Sessions Judge, the High Court; and (b) where the conviction was held before a Magistrate, the High Court or the Court of Session may whether there be an appeal or not, set aside any conviction passed on evidence not-wholly recorded by the Sessions Judge or Magistrate before whom the conviction was held, if such Court is of opinion that the accused has been materially prejudiced thereby, and may order as a new inquiry or trial. (2) Nothing in this section applies to cases in which proceedings have been stayed under Section 346 or in which proceedings have been submitted to a Magistrate Specially empowered under Section 349. (3) When a case is transferred under the provisions of this Code from one Magistrate to another, the former shall be deemed to cease to exercise-jurisdiction therein, and to be succeeded by the latter within the meaning of sub-section (1). 350-A. Changes in constitution of Benches: No order or judgment of a Bench of Magistrates shall be invalid by reason only of a change having occurred in the constitution of the Bench in any case in which the Bench by which such order or judgment is passed, is duly constituted under Sections 15 and 16, and the Magistrates constituting ;the same have been present on the Bench throughout the proceedings. 351. Detention of offenders attending Court: (1) Any person attending a Criminal Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of inquiry into or trial of any offence of which such Court can take cognizance and which, form the evidence, may appear to have been committed, and may be proceeded against as though he had been arrested or summoned. (2) When the detention, takes place after a trial has been begun the proceedings in respect of such person shall be commenced afresh, and the witnesses reheard- 352. Courts to be open: The place in which any Criminal Court is held for the purpose of inquiring into or trying any offence shall be deemed an open Court, to which the public generally may have access, so far as the same can conveniently contain them: Provided that the Presiding Judge or Magistrate may, if he thinks tit, order at any stage of any inquiry into or trial of, any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Court. CHAPTER XXV OF THE MODE OF TAKING AWRECORDING EVIDENCE IN INQUIRIES AND TRIALS 353. Evidence to be taken in presence of accused: Except as otherwise expressly provided, all evidence taken under Chapters XX, XXI, XXII and XXIl-A shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in presence of his pleader. 354. Manner of recording evidence: In inquiries and trials (other than summary trials) under the Code by or before a Magistrate or Sessions Judge, the evidence of the witnesses shall be recorded in the following, manner. 355. Record in trials of certain cases by First and Second Class Magistrates: (1) In cases tried under Chapter XX or XXII by a Magistrate of the First or Second Class and in all proceedings under Section 514 (if not in the course of a trial), the Magistrate shall make a memorandum of the substance of the evidence of each witness as the examination of the witness proceeds. (2) Such memorandum shall be written and signed by the Magistrate with his Own hand, and shall form part of the record. (3) If the Magistrate is prevented from making a memorandum as above required, he shall record the reason of his inability to do so, and shall cause such memorandum to be made in writing from his dictation in open Court, and shall sign the same and such memorandum shall form part of the record. 356. Record in other cases: (1) |n the trials before Courts of Session and in inquiries under Chapter XII the evidence of each witness shall be taken down in writing in the language of the Court by the Magistrate or Sessions Judge, or in his presence and nearing and under his personal direction and superintendence and shall be signed by the Magistrate or Sessions Judge. (2) Evidence given in English: When the evidence of such witness is given in English the Magistrate or Sessions Judge may take it down in that language with his own hand, and, unless the accused is familiar with English, or the language of the Court is English, an authenticated translation of such evidence in the language of the Court shall form part of the record. (2-A) When the evidence of such witness is given in any other language, not being English, than the language of the Court, the Magistrate or Sessions Judge may take it down in that language with his own hand, or cause it to be taken down in that language in his presence and hearing and under his persona! direction and superintendence, and an authenticated translation of such evidence in the language of the Court or in English shall form part of the record. (3) Memorandum when evidence not taken down by the Magistrate or Judge himself : In cases in which the evidence is not taken down in writing by the Magistrate or Sessions Judge, he shall, as the examination of each witness proceeds, make a memorandum of the substance of what such witness deposes;, and such, memorandum shall be written and signed by the Magistrate or Sessions Judge with his own hand, and shall, form part of the record. (4) If the Magistrate or Sessions Judge is prevented from making a memorandum as above required, he shall record the reason of his inability to make it. 357. Language or record of evidence: (1) The Provincial Government may direct that in any district or part of a district, or in proceedings before any Court of Session or before any Magistrate or class of Magistrates the evidence of each witness shall, in cases referred to in Section 356, be taken down by the Sessions Judge or Magistrate with his own hand and in his mother-tongue, unless he is prevented by any sufficient reason from taking ..down the evidence of any witness, in which case he shall record the reason of, his inability to do so and shall cause the evidence to be taken down in writing from his dictation in open Court. (2) The evidence so taken down shall be signed by the Sessions Judge or Magistrate, and shall form part of the record: Provided that the Provincial Government may direct the Sessions Judge or Magistrate to take down the evidence in the English language or in the language of the Court, although such language is not his mother tongue. 358. Option to Magistrate in cases under Section 355: In cases of the kind mentioned m Section 355, the Magistrate may, if he thinks fit, take down the evidence of any witness in the manner provided in Section 356, or, if within the local limits of the jurisdiction of such Magistrate the- Provincial Government has made the order referred to in Section 357, in the manner provided in the same section. 359. Mode of recording evidence under Section 356 or Section 357: (1) Evidence taken' under -Section 356 or Section 357 shall not ordinarily be taken down in the form of question and answer, but in the form of a narrative. (2) The Magistrate or Sessions Judge may, in his discretion, take down, or cause to be taken down any particular question and answer. 360. Procedure in regard to such evidence when completed: (I) As the evidence of, each witness taken under Section 356 or Section 357 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his pleader, if he appears by pleader, and shall, if necessary, be corrected. (2) If the witness denies the correctness of any part of the evidence when the same is read over to him, the Magistrate or Sessions Judge may, instead of correcting, the evidence make a memorandum thereon of the objection, made to it by the witness, and shall add such remarks as he thinks necessary. (3) If the evidence is taken down in a language different from that in which it has been given and the witness does not understand the language in which it is taken down, the evidence so taken down shall be interpreted to him in the language in which it was given, or in a language, which he understands. 361. Interpretation of evidence to accused or his pleader: (1) Whenever any evidence is given in a language not understood by the accused, and he is present in person, it shall be interpreted to him in open Court in a language understood by him. (2) If he appears by pleader and the evidence is given in a language other than the language of the Court, and not understood by the pleader, it shall be interpreted to such pleader in that language. (3) When documents are put in for the purpose of formal proof, it shall be in the discretion of the Court to interpret as much thereof as appears necessary. 362. Record of evidence in Presidency Magistrate's Court: [Omitted by A.0. 1949, Sch.]. 363. Remarks respecting demeanour of witness: When a Sessions Judge or Magistrate has recorded the evidence of a witness he shall also record such remarks (if any) as he thinks material; respecting the demeanour of such witness whilst under examination. 364. Examination how recorded: (1) Whenever the accused is examined, by any Magistrate or by any Court other than a High Court, the whole of such examination including every question put to him and every answer given by him, shall be recorded in full, in the language in which he is examined, or, if that is not practicable, in the language of the Court or in English; and such record shall be shown or read, to him, or if he does not understand the language in which it is written shall be interpreted to him in language which he understands, and he shaft be at liberty to explain or add to his answers. (2) When the whole is made conformable to what he declares is the truth, the record shall be signed by the accused and the Magistrate or Judge of such Court, and such Magistrate or Judge shall certify under his own hand that the examination was taken in his presence and hearing and that the record contains a full and true account of the statement made by the accused. (3) In cases in which the examination of the accused is not recorded by the Magistrate or Judge himself, he shall be bound, as the examination proceeds, to make a memorandum thereof in the language of the Court, or in English, if he is sufficiently acquainted with the latter language; and such memorandum shall be written and signed by the Magistrate or Judge with his own hand, and shall be annexed to the record. If the Magistrate or Judge is unable to make a memorandum as above required, he shall record the reason of such inability. (4) Nothing in this section shall be deemed to apply to the examination of an accused person under Section 263. 365. Record of evidence in High Court: Every High Court shall from time to time, by general rule, prescribe the manner in which evidence shall be taken down in cases coming before the Court, and the evidence shall be taken down in accordance with such rule. CHAPTER XXVI OF THE JUDGMENT 366. Mode of delivering Judgment: (1) The judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced or the substance of such judgment shall be explained-- (a) in open Court either immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleaders and (b) in the language of the Court, or in some other language which the accuser , or his pleader understands: Provided that the whole judgment shall be read out by the presiding Judge if he is requested so to do either by the prosecution or the defence. (2) The accused shall, if in custody, be brought up, or; if not in custody, be required by the Court to attend, to hear judgement delivered, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted, .either of which cases it may be delivered in the presence of his pleader. : (3) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the absence of any party or his pleader on the day or from the place notified for the delivery thereof, or of any omission to serve, or defect in Sewing, on the parties or their pleaders, or any of them, the notice of such day and place. (4) Nothing in this section shall be construed to limit in any way the extent of the provisions of Section 537. 367. Language of judgment-Contents of Judgment: (1) Every such judgment shall, except as otherwise expressly provided by this Code, be written by the presiding officer of the Court or from the dictation of such presiding officer in the language of the Court or in English; and shall contain the point or-paints, for determination, the decision, thereon and the reasons for the decision; and shall be dated and signed by the presiding officer in open Court at the time of pronouncing it and where it is not written by the presiding officer with his own hand, every page of such judgment shall be signed by him. (2) It shall specify, the offence (if any) of which, and the section of the Pakistan Penal Code or other law under which, the accused is convicted, and the punishment to which he is sentenced. (3) Judgment in alternative: When the conviction is under the Pakistan Penal Code and it is doubtful under which of two sections, or under which of two parts of the same section, of that Code the offence falls, the Court shall distinctly express the same, and pass judgment in the alternative. (4) If it be a judgment of acquittal it shall state the offence of which the accused is acquitted, and direct that he be set at liberty. (5) If the accused is convicted of an offence punishable with death, and the Court sentences him to any punishment other than death, the Court shall in its judgment state the reason why sentence of death was not passed : Proviso : [Omitted by Law Reforms Ordinance, XII of 1972]. (6) For the purposes of this section an; order under Section 118 or Section 123, sub- section (3), shall be deemed to be a judgment. 368. Sentence of death: (1) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead. 369- Court not to alter judgment: Save as otherwise provided by this Code or by any other law for the time being in force or in the case of a High Court, by the letters Patent of such High Court, no Court when it has signed its judgment, shall alter or review the same, except to correct a clerical error. 370. Presidency Magistrate's judgment: [Omitted by A.O. 1949, Sch.] 371. Copy of Judgment, etc., to be given to accused: (1) in every case where the accused is convicted of an offence, a copy of the Judgment shall be given to him at the time of pronouncing the judgment or, when the accused so desires, a translation of the judgment in his own language, if practicable, or in the language of the Court, shall be given to him without delay. Such copy or translation shall be given free of cost: Provided that this sub-section shall not apply, to cases tried summarily or where the accused is convicted, of an offence under any law other than the Pakistan Penal Code. (2) Case of person sentenced to death: When the accused is sentenced to death by a Sessions judge, such Judge shall further inform him of the period within which, if he wishes to appeal, his appeal should be preferred. 372. Judgment when to be translated : The original judgment shall be filed with the record of proceedings, and, where the original is recorded-in a different language from that of the Court, and the accused so requires, a translation thereof into the language of the Court shall be added to such record. 373. Court of Session to send copy of finding and sentence to [officer-in-charge of prosecution] : In cases tried by the Court of Session, the Court shaft-forward a copy of Its finding and sentence (if any) to the [officer-in-charge of prosecution in the district] within the local limits of whose jurisdiction the trial was held. Subs. by the by the Ordinance, XXXVII of 2001, dt. 13-8-2001 CHAIPTER XXVII OF THE SUBMISSION OF SENTENCES, FOR CONFIRMATION 374. Sentence of death to be submitted by Court of Session : When the Court of Session passes .sentence of death 'the, proceedings shall be submitted to the High Court and the sentence shall not be executed unless it is confirmed by the High Court. 375. Power to direct further inquiry to be made or additional; evidence to be taken : (1) If when such proceedings are submitted the High Court thinks that a further inquiry should be made into, or additional evidence taken upon, any point bearing upon the guilt or innocence of the convicted person, it may make such inquiry or take such evidence itself, or direct it to be made or taken by the Court of Session. (2) Unless the High Court otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or such evidence is taken (3) When the inquiry and the evidence (if any) are not made and taken by the High Court, the result of such inquiry and the evidence shall be certified to such Court. 376. Power to High Court to confirm sentence or annul conviction : In any case submitted under Section 374 the High Court-- (a) may confirm the sentence, or pass any other sentence warranted by law, or (b) may annul the conviction, and convict the accused of any offence of which the .Sessions Court might have convicted him, or order a new trial on the same or an amended charge, or (c) may acquit the accused person : Provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of. 377. Confirmation of new sentence to be signed by two Judges : In every case so submitted, the confirmation of the sentences-or any new sentence or order passed by the High Court, shall, when such Court consists of two or more Judges, be made. passed and signed by at least two of them. 378. Procedure in case of difference of opinion : Where any such case is heard before a Bench of Judges and such Judges are equally divided in opinion, the case, will their opinions thereon, shall be laid before another Judge and such Judge, after such hearing as he thanks fit, shall deliver his opinion, and the judgment or order shall follow such opinion. 379. Procedure in cases submitted to High Court for confirmation : In cases submitted by the Court of Session to the High Court for the confirmation of a sentence of death, the proper officer of the High Court shall, without delay, after the order of confirmation or other order has been made by the High Court, send a copy of the order under the seat of the High Court and attested with his official signature, to the Court of Session. 380. Procedure in cases submitted by Magistrate not empowered to act under Section 562: [Rep. by Probation of Offenders Ordinance, XLV of 1960, Section 16]. CHAPTER XXVIII OF EXECUTION 381. Execution of order parsed under Section 376 : When a sentence of death passed by a Court of Sessions submitted to the High Court for confirmation, such Court of Session shall, on receiving the order of confirmation or other order of the High Court thereon, cause such order to be carried into effect by issuing a warrant or taking such other steps as may be necessary : provided that the sentence of death shall not be executed if the heirs of the deceased pardon the convict or enter into a compromise with him even at the last moment before execution of the sentence. 382. Postponement of capital sentence on pregnant woman : If a woman sentenced to death is found to be pregnant, the High Court shall order the execution of the sentence to be postponed, and may. if it thinks fit; commute the sentence to imprisonment for life. 382-A. Postponement of execution of sentences of imprisonment under Section 476 or for a period of less than one year : Notwithstanding anything contained in Section 383 or 391, where the accused-- (a) is awarded any sentence of imprisonment under Section 476, or (b) is sentenced in cases other than those provided for in Section 381, to imprisonment whether with or without fine or whipping, for a period of less than one year. the sentence shall not, if the accused furnishes bail to the satisfaction of the Court for his appearance at such time and place as the Court may direct, be executed, until the expiry of the period prescribed for making an appeal against such sentence, or if an appeal is made within that time, until the sentence of imprisonment is confirmed by the Appellate Court, but the sentence shall be executed as soon as practicable after the expiry of the period prescribed for making an appeal. or in case of an appeal, as soon as practicable after the receipt of the order of the Appellate Court confirming the sentence. 382-B. Period of detention to be considered while awarding sentence of imprisonment : Where a Court decides to pass a sentence of imprisonment on an accused for an offence it 92(shall] ,take into consideration the period, if any, during which such accused was detained in custody for such offence. 382-C. Scandalous or false and frivolous pleas to be considered in passing sentence : In passing a sentence on an accused for any offence, a Court may take into consideration any scandalous or false and frivolous plea taken in offence by him or on his behalf. 383. Execution of sentences of transportation or imprisonment in other cases : Where the accused is sentenced to imprisonment for life or imprisonment in cases other than those provided for by Section 381 and Section 382-A the Court passing sentence shall forthwith forward a warrant to the jail in which he is, or is to be, confined, and, unless the accused is already confined in such jail shall forward him to such jail, with-the warrant. 384. Direction of warrant for execution : Every warrant for the execution of a sentence of imprisonment shall be directed to the officer-in-charge of the jail or other place in which the prisoner is, or is to be, confined. 385. Warrant with whom to be lodged : When the prisoner is to be confined in a jail, the warrant shall be lodged with the jailor. 386. Warrant for levy of fine : (1) Whenever an offender has been sentenced to pay a fine, the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may-- (a) issue a .warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender; (b) issue a warrant .to the [District Officer (Revenue)] authorising him to realise the amount by execution according to civil process against the movable or immovable property, or both, of the defaulter: Provided that, if the sentence directs that in default of payment of the fine the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant. (2) The Provincial Government, may make rules regulating the manner which warrants- under sub-section (1), clause (a), are to be executed, and for the summary determination if any claims made by any person other than the offender in respect of any property attached in execution of such warrant. (3) Where the Courts issue a warrant to the [District Officer (Revenue)] under sub-section (1), clause- (b) such warrant shall be deemed to be a decree and the Collector to be the decree-holder, within the meaning of the Code of Civil Procedure, 1908, and the nearest Civil Court by which any decree for a like amount could be executed shall, for the purposes, of the said Code, be deemed to be the Court which passed the .decree, and at the provisions of that Code as to execution of decrees shall apply accordingly : Provided that no such warrant shall be executed by the arrest or detention in prison of the offender. Subs. & omitted by Ordinance, XXXVII of 2001, dt. 13-8-2001. 387. Effect of such warrant : A warrant issued under Section 386, sub-section (1) clause (a), by any Court may be executed-within the focal limits of the jurisdiction of such Court, and ft shall authorize the attachment and sale of any such property without such limits, when endorsed by the Magistrate within the local limits of whose jurisdiction such property is found. 388. Suspension of execution of sentence of imprisonment: (1) When an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may-- (a) order that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order or in two or three installments, of which the first, shall be payable on or before a date not more than thirty days from the date of the order and the other or others at an interval or at intervals, as the case may be, of not more than thirty days, and (b) suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond, with or without sureties; as the Court thinks fit, conditioned for his appearance before the Court on the date or dates on or before which payment of the fine or the installments thereof, as the case may be, is to be made and if the amount of the fine or of any installment, as the case may be, is not realised on or before the latest date on which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution at once. (2) The provisions of sub-section (1) shall be applicable also in any case in which an order for the payment of money has been made on non-recovery of which imprisonment may be awarded and the money is not Paid forthwith; and, if the person against whom the order has been made, of being - required to enter info a bond such as is referred to in that sub-section, fails to do so the Court may at once pass sentence of imprisonment. 389. Who may issue warrant : Every warrant for the execution of any sentence may be issued either by the Judge or Magistrate who passed the sentence, or by his successor- in-office. 390. Execution of sentence of whipping only : When the accused is sentenced to whipping only, the sentence shall subject to the provisions of .Section 391 be executed at such place and time as; the Court may direct. 391. (1) When-the accused (a) Execution of sentence of whipping, in addition to imprisonment : is sentenced to whipping only and furnishes bail to the satisfaction of the Court for his appearance at such time and place as the Court may direct, or (b) is sentenced to whipping in addition to imprisonment, the whipping shall not be inflicted until fifteen-days from the date of the sentence, or if an appeal is made within that time, until the sentence is confirmed by the Appellate Court, but the whipping shall be inflicted as soon as .practicable after the expiry of the fifteen days, or, in case of an appeal, as soon as practicable after the receipt of the order of the Appellate Court confirming the sentence; (2) The whipping shall be inflicted in the presence of the officer incharge of the Jail, unless the Judge or Magistrate orders it to be inflicted in his own presence. (3) No accused person shall be sentenced to whipping in addition to imprisonment when the term of imprisonment to which he is sentenced is less than three months. 392. Mode of inflicting punishment: (1) In the case of a person of over sixteen years of age whipping shall be inflicted with a light rattan not less than half an inch in diameter, in such mode, and on such part of the person, as the Provincial Government directs; and in the case of a person under sixteen years of age, it shall be inflicted in such mode, and on such part of the person, and with such instruments, as the Provincial Government directs. (2) Limit of number of stripes : In no case shall such punishment exceed thirty Stripes and, in the case of a person under sixteen years of age, it shall not exceed fifteen stripes. 393. Not to be executed by instalments - Exemptions: No sentence of whipping shall be executed by instalments; and none of the following persons shall be punishable with whipping, namely : (a) females: (b) males sentenced to death or to imprisonment for life or to imprisonment for more than five years; (c) males whom the Court considers to be more than forty-five years of age. 394. Whipping not to be inflicted if offender not in fit state of health : (1) The punishment of .whipping shall not be inflicted unless a medical officer, if present, certifies, or, if there is not a medical officer present, unless it appears to the Magistrate or officer present, that the offender is in a fit state of health to undergo such punishment. (2) Stay of execution : if during the execution of a sentence of 'whipping, a medical officer certifies, or it appears to the Magistrate-or officer present, that the offender is not in a fit state of health to undergo the remainder of the sentence, the whipping shall toe finally stopped. 395. Procedure if punishment cannot be inflicted under Section 394 : (1) In any case in which under Section 394, a sentence of whipping is wholly or partially, prevented from being executed; the Offender shall be kept in custody till the Court which passed the sentence can revise it; and the said Court, may, at its discretion, either remit such sentence, or sentence the offender in lieu of whipping, or in lieu of so much of the sentence of whipping as was not executed, to imprisonment for any term not exceeding twelve months, or to a fine not exceeding-five-hundred rupees, which may be in addition to any other punishment to which he may have been sentenced for the same offence. (2) Nothing in this section shall be deemed to authorize any Court' to inflict imprisonment for a term or a fine of an amount exceeding that to which the accused is liable by law, or that which the said Court is competent to inflict. 396. Execution of sentence on escaped convicts : (1) When sentence, is passed under this Code on-an escaped convict, such sentence if of death, fine or whipping, shall subject to the provisions hereinbefore contained, take effect immediately, and, if, of imprisonment, or imprisonment for life shall take effect according to the following rules, that is to say : (2) If the new sentence is severer in its kind than the sentence which such convict was undergoing when he escaped/the new sentence shall take effect immediately. (3) When the new sentence is not severer in its kind than the sentence the convict was undergoing when he escaped, the new .sentence shall take effect after he has suffered imprisonment, for a further period equal to that which, at the time of his escape, remained unexpired of his former sentence. Explanation : For the purposes of this section- (a) [Omitted] (b) a sentence of imprisonment with solitary confinement shall be deemed severer than a sentence of the same description of imprisonment without solitary confinement, and (c) a sentence of rigorous imprisonment shall be deemed severer than a sentence of simple imprisonment with or without solitary confinement. 397. Sentence of offender already sentenced for another offence : When a person already undergoing a sentence of imprisonment, or imprisonment for life, is sentenced to imprisonment, or imprisonment for life such imprisonment, or 103 (imprisonment for life], shall commence at the expiration of the imprisonment, or imprisonment for life to which he has been .previously sentenced, unless the Court directs that the subsequent Sentence shall run concurrently with such previous sentence : Proviso : [Omitted by Criminal Procedure (Amendment) Act, XXV of 1974] : Provided further, that where a person who has been sentenced to imprisonment by an order under Section 123 in default of furnishing security is. whilst undergoing such sentence, sentenced to, imprisonment for an offence committed prior to the making ,,o{ such order, the latter sentence shall commence immediately. 398. Saving as to Sections 396 and 397: (1) Nothing in Section 396 or Section 397 shall be held to excuse any person from any part Of the punishment to which he is liable upon his former or subsequent conviction. (2) When an award of imprisonment in default of payment of a fine is annexed to a substantive sentence of imprisonment, brio a sentence of imprisonment for life and the person undergoing the sentence is after its execution to undergo a further substantive sentence, or further substantive sentences, of imprisonment, or transportation, effect shall not be given to the award of imprisonment in default of payment of the tine until the person has undergone the further sentence or sentences. 399. Confinement of youthful offenders in reformatories : (1) When any person under the age of fifteen years is sentenced by any Criminal Court to imprisonment for any offence, the Court may direct that such person, instead of being imprisoned in a criminal jail, shall be confined in any reformatory established by the Provincial Government as a fit place for confinement, in which there are means of suitable discipline and of training in some branch of useful industry or which is kept by a person willing to obey such rules as the Provincial Government prescribes with regard to the discipline and training of persons confined therein. (2) Alt persons confined under this section shall be subject to the rules so prescribed. (3) This section shall not apply to any place in which the Reformatory Schools Act, 1897, is for the time being in force. 400. Return of warrant on execution of sentence : When a sentence has been fully executed, the officer executing it shall return the warrant to the Court from which it is issued, with an endorsement under his hand certifying the manner in which the sentence has been executed. CHAPTER XXIX OF SUSPENSIONS, REMISSIONS AND COMMUTATIONS OF SENTENCES 401. Power to suspend or remit sentences : (1) When any person has been sentenced to punishment of ah offence, the Provincial Government may at any time without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced. (2) Whenever an application is made to the Provincial Government for the suspension or remission of a sentence, the Provincial Government may require the presiding Judge of the Court before or by which the conviction was had or confirmed to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists. (3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the Provincial Government, not fulfilled, the Provincial Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police-officer without warrant and remanded to undergo the unexpired portion of the sentence. (4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will. (4-A) The provisions of the above subjections shall also apply to any order passed by a Criminal Court under any section of this Code or of any other law, which restricts the liberty of any person or imposes any liability upon him or his property. (5) Nothing herein contained shaft be deemed to interfere with the right of the President or of the Federal Government when such right is delegated to it to grant pardons, reprieves, respites or remissions of punishment. (5-A) Where a conditional 'pardon is granted by the President or in virtue of any powers delegated to it by the Federal Government, any condition thereby imposed, of whatever nature, shall be deemed to have been imposed by a sentence of a competent Court under this Code and shall be enforceable accordingly. (6) The Provincial Government may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with. 402. Power to commute punishment : (1) The Provincial Government may, without the consent of the person sentenced, commute any one of the following sentences or any other mentioned after it:- death imprisonment for life, rigorous imprisonment for a term not exceeding that to which he might have been sentenced, simple imprisonment for a like term, fine. (2) Nothing in this section snail affect the provisions of Section 54-or Section 56 of the Pakistan Penal Code. 402-A. Sentence of death: The powers conferred by Sections 401 and 402 upon the provincial Government may, in the case of sentences of death, also be exercised by the President. 402-B. Certain restrictions on the exercise of powers by Provincial Government : Notwithstanding anything contained in Section 401 or Sector 402, the Provincial Government shall not except with the previous approval of the President, exercise the powers conferred thereby in a case where the President has passed an order in exercise of his powers under the Constitution to grant pardons, reprieves and respites or to remit, suspend or commute any sentence or of his powers under Section 402-A. 402-C. Remission or commutation of certain sentences not to be without consent : Notwithstanding anything contained in Section 401, Section 402, Section 402-A or Section 402-B, the Provincial Government, the Federal Government or the President shall not, without .the consent of the victim, or as the case may be of his heirs suspend remit or commute any sentence passed under any of the sections in Chapter XVI of the Pakistan Penal Code. CHAPTER XXX OF PREVIOUS ACQUITTALS OR CONVICTIONS 403. Person once convicted or acquitted not to be tried for same offence : (1) A person who has once been tried by a Court of Competent Jurisdiction for an offence and convicted or acquitted of such offence shall whiles such conviction or acquittal remains in force, not W liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been .made under Section 236, or for which he might have been convicted under Section 237. (2) A person acquitted or convicted of any offence may be afterwards tried for any distinct offence for which separate charge might have been made against him on the former trial under Section 235, sub-section (1). (3) A person convicted of any offence constituted by any act causing consequences: which together, with such act, constituted a different offence from that of which he was convicted, may be afterwards tried for such last mentioned offence, if the consequences had not happened, or were not known to the Court to have happened, at the time when he was convicted. (4) A person acquitted or convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be subsequent charged with, and tried for, any other offence constituted by the same acts which fie may have committed if the Court by which he was first tried was not competent to try the offence with which he is subsequently charged. (5) Nothing in this section shall affect the provisions of Section 26 of the General Clauses Act, 1897, or Section 188 of this Code. Explanation : The dismissal of a complaint, the stopping of proceedings under Section 249, or the discharge of the accused is not an acquittal for the purposes of this section. Illustrations (a) A is tried upon a charge of theft as S servant and acquitted. He cannot afterwards, while the acquittal remains In force, be charged with theft as a servant, or, upon the same facts, with theft simply, or with criminal breach of trust. (b) A is tried upon a charge of murder and. acquitted. There is no charge of robbery; but it appears from the facts that A committed robbery at the time when the murder was committed; he may afterwards be charged with, and tried for robbery, (c) A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be tried again for culpable homicide. (d) A is charged before the Court of Session and convicted of the culpable homicide of B. A may not afterwards be tried on the same facts for the murder of B. (e) A is charged by a Magistrate of the First Class with, and convicted by him of, voluntary causing hurt to S. A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts, unless the case comes within paragraph 3 of the section. (f) A is charged by a Magistrate of the Second Class with, and convicted by him of, theft of property from the person of B. A may be subsequently charged with, and tried for, robbery on the same facts. (g) A, B and C are charged by a Magistrate of the First Class with, and. convicted by him of robbing D. A, B and C may afterwards be charged with, and tried for, dacoity on the same facts. PART VII OF APPEAL, REFERENCE AND REVISION CHAPTER XXXI OFAPPEALS 404. Unless otherwise provided, no appeal to lie: No appeal -shall lie from- any judgment or order of a Criminal Court except-as provided for by this Code or by any other law for the time being in force. 405. Appeal from order rejecting application for restoration of attached property: Any person whose application under Section 89 for the delivery of property or the proceeds of the sale thereof has been rejected .by any Court may appeal to the. Court to- which appeals ordinarily. He from the sentences of the former Court. [406. Appeal from order requiring security for keeping the peace or for good behaviour: Any person who has been ordered by a Magistrate under Section 118 to give security for keeping, the peace or for good behaviour may appeal against such order to the Court of Session; Provided that nothing in this section shall apply to persons the proceedings against whom are laid before a Sessions Judge in accordance with the provisions of sub-section (2) or sub-section (3-A) of Section 123]. Section 406 & Proviso subs. by Ordinance, XXXVII of 2001, dt, 13-8-2001 406-A. Appeal from order refusing to accept or rejecting a surety: Any person aggrieved by an order refusing to accept or rejecting a surety under Section 122 may appeal against which order to the Court of Session. 407. [Omitted by Item No. 140 of Punjab Notification No. SO(J-II) 1-8/75 (P-V),dated 21-3- 1996 for Punjab.] 408. Appeal from sentence of Assistant Sessions Judge or 3[Judicial Magistrate]: Any person convicted on a trial held by an Assistant Sessions Judge, a District Magistrate or a Judicial Magistrate, or any person sentenced under Section 349 may appeal to the Court of Session : Provided as follows: (a) [Rep: by the Criminal Law Amendment Act, XII of 1923, S.23] (b) When in any case an Assistant Sessions Judge 6[passes any sentence of imprisonment for a term exceeding four years the appeal of alt or any of the accused convicted at such trial shall lie to the High Court; (c) when any person is convicted by a Magistrate of an offence under Section 124-A of the Pakistan Penal Code, the appeal shall lie to the High Court. 409. Appeals to Court of Session how heard: Subject to the provisions of this section, an-appeal to-.the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge or an Assistant Sessions Judge: Provided that an Additional Sessions Judge shall hear only such appeal as the Provincial Government may, by general or special order, direct or as the Sessions Judge of the Division may make over to him : Provided further that no such appeal shall be heard by an Assistant Sessions Judge unless the appeal is of a person convicted on a trial held by any Magistrate of the Second Class or Third Class. 410. Appeal from sentence of Court of Session: Any person convicted on a trial held by a Sessions Judge, or an Additional Sessions Judge, may appeal to the High Court. 411. [Omitted by AO. 1949, Sch}. 411-A. Appeal from sentence of High Court: (1) Except in cases in which an appeal ties to the Supreme Court under Article 185 of the Constitution any person convicted on a trial held by a High Court in the exercise of its original criminal jurisdiction may, notwithstanding anything contained in Section 418 or Section 423, sub-section (2), or in the Letters Patent of any High Court, appeal to the High Court- (a) against the conviction on any ground of appeal which involves a matter of law only; (b) with the leave of the Appellate Court or upon the certificate of the Judge who tried case that it is a fit case for appeal, against the conviction on any ground of appeal which involves a matter of fact only, or a matter of mixed law and fact, or any other ground which appears to the Appellate Court to be a sufficient ground of appeal; and (c) with the leave of the Appellate Court, against the sentence passed unless the sentence is, one fixed by (2) Notwithstanding anything contained in Section 417, the Provincial Government may direct the Public Prosecutor to present an appeal to the High Court from any order of acquittal passed by the High Court n the exercise of its original criminal jurisdiction, and such appeal may notwithstanding anything contained in Section 418, or Section 423, sub- section (2), or in the Letters Patent of any High Court, but subject to the restrictions imposed by clause (b) and clause (c) of sub-section (1) of this section on an appeal against a conviction, lie on a matter of fact as well as a matter of law. (3) Notwithstanding anything elsewhere contained in any Act or Regulation an appeal under this section shall be heard by a Division Court of the High Court composed of not less than two Judges, being Judges other than the Judge or Judges by whom the original trial was held; and if the constitution of such a Division Court impracticable, the High Court shall report the circumstances to the Provincial Government which shall take action with a view to the transfer of the appeal under Section 527 to another' High Court. (4) Subject to such rules as may from time to time tie made by the Supreme Court in this behalf, and to such conditions as the High Court may establish or require, an appeal shall tie to the Supreme Court from any order made on appeal under sub-section (1) by a Division Court of the High Court in respect of which order the High Court declares that The matter is a fit one of such appeal. 412. No appeal in certain cases when accused pleads guilty: Notwithstanding anything .hereinbefore contained, where an accused person has pleaded guilty and has been convicted by a High Court, a Court of Session of Magistrate of the First Class on such plea, there shall be no appeal except as to the extent or legality of the sentence. 413. No appeal in petty cases: Notwithstanding anything hereinbefore contained there shall be no appeal by a convicted person in cases in which High Court passes a sentence of imprisonment not exceeding six months only or of fine not exceeding two hundred rupees only or in which a Court of Session passes a sentence of imprisonment not exceeding one month only or in which a Court of Session or Magistrate of the First Class passes a sentence of fine not exceeding fifty rupees only. Explanation: There is no appeal from a sentence of imprisonment passed by such Court or Magistrate in default of payment, of fine when no substantive sentence of imprisonment has also been passed. 414. No appeal from certain summary convictions: Notwithstanding anything hereinbefore contained, there shall be, no appeal by a convicted person-in-any case tried summarily in which a Magistrate empowered to act under Section 260 passes a sentence of fine not exceeding two hundred rupees only. 415. Proviso to Sections 413 and 414: An appeal may be brought against any sentence referred to m Section 413 or Section 414 by which any punishment therein mentioned is combined with any other punishment, but no sentence which would not otherwise be liable to appeal shall be appealable merely on the ground that the person convicted is ordered to find security to keep the peace. Explanation: A sentence of imprisonment in default of payment of fine is not a sentence by which two or more punishments are combined within the meaning of this section. 415-A. Special right of appeal in certain cases: Notwithstanding anything contained in this Chapter, when more persons than one are convicted in one that, and an appealable, judgment or order has been passed in respect of any of such persons,, all or any of the persons convicted at such trial shall have a right of appeal- 416. [Rep. by Act, XII of 1923, S.26] 4l7. Appeal in case of acquittal: (1) Subject to the provisions of sub-section (4); the Provincial Government may in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court. (2) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. (2-A) A person aggrieved by the order of acquittal passed by any Court-.-other than a High Court, may, within thirty days, file an appeal against such order. (3) No application under sub-section (2) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of sixty days from: the date of that order, (4) If, in any case, the application under sub-section (2) for the grant of special leave to appeal from an order of acquittal is refused no appeal from that order of acquittal shall lie under sub-section (1). 418. Appeal on what matters admissible: (1) An appeal may tie on a matter of fact as well as matter of law. (2) [Omitted by Law Reforms Ordinance, XII of 1972.] Explanation : The alleged severity of a sentence shall for the purpose of this section, be deemed to be a matter of law. 419. Petition of appeal: Every appeal shall be made in the form of petition in writing presented by the appellant or his pleader, and every such petition shall (unless the Court to which it is presented otherwise directs) be accompanied by a copy of the judgment or order appealed against. 420. Procedure when appellant in jail: If the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer incharge of the jail, who shall thereupon forward such petition and copies to the proper Appellate Court. 421. Summary dismissal of appeal: (1) Op receiving the petition and copy under Section 419.or Section 420, the Appellate Court shall peruse the same, and if it considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily : Provided that no appeal presented under Section 419 shall be dismissed unless the appellant or his pleader has had a reasonable opportunity of being heard in support of the same. (2) Before dismissing an appeal under this section, the Court may calf for the record of the case, but shall not be bound to do so. 422. Notice of appeal: If the Appellate Court does not dismiss the appeal summarily, it shall cause notice to be given to the appellant or his pleader, and to such officer as the Provincial Government may appoint in this behalf of the time and place at which such appeal will be heard, and shall, on the application of such officer, furnish him with a copy of the grounds of appeal; and, in cases of-appeals under Section 411-A, sub-section (2) or Section 417, the Appellate Court shaft cause a like notice to be Given to the accused 423. Powers of Appellate Court in disposing of appeal: (1) The Appellate Court shall then send for the record, of the case, if, such record is not already, in Court. After perusing such record, and hearing the appellant or his pleader, if he appears and the Public Prosecutor, if he appears, and in case of an appeal under Section 411-A, sub-section (2) or Section 417, the accused, if he appears, the Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may-- (a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be tried or sent for trial to the Court of Session or High Court as the case may be, or find him guilty and pass sentence on him according to law; (b) in an appeal from a conviction, (1) reverse the finding and sentence, and acquit or discharge the accused, or order him to be tried by a Court of competent jurisdiction subordinate to such Appellate Court of i7[sent for trial, or (2) after the finding, maintaining the sentence, or, with or without altering the finding, reduce the sentence, or (3) with or without such reduction and with or without altering the finding after the nature of the sentence, but subject to the provisions of Section 106, sub-section (3), not so as to enhance the same; (c) in an appeal from any other order, alter or reverse such order; (d) make any amendment ;or any consequential or incidental order that may be just or proper. (2) [Omitted by Law Reforms Ordinance, Xll of 1972.] 424. Judgments of subordinate Appellate Courts: The rules contained In Chapter XXVI as to the Judgment of a Criminal Court of original jurisdiction shall apply, so far as may be practicable, teethe judgment of any Appellate Court other than a High Court : Provided that, unless, the Appellate Court otherwise directs, the accused shall not be brought up, or required to attendee hear judgment delivered. 425. Order by High Court on appeal to be certified to lower Court: (1) Whenever a case is decided on appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which the finding, sentence or order appealed against was recorded or passed. If the finding, sentence-or order was recorded or passed by a Magistrate other than the District Magistrate, the certificate shall be sent through the District Magistrate. (2) The Court to which the High Court certifies its judgment or order shall thereupon make such orders as are conformable to the judgment or .order of the High Court; and, if necessary, the record shall be amended in accordance therewith. 426. Suspension of sentence pending appeals--Release of appellant on bail: (1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by It in writing, order, that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail or on his own bond. (1-A) [Omitted by Ordinance, LIV of 2001.] (2) The power, conferred by this section on an Appellate Court may be exercised also by the High Court in the case of any appeal by ,a convicted person to a Court subordinate thereto. (2-A) Subject to the provisions of Section 382-A when any person other, than a person accused of a non-bailable offence is sentenced to imprisonment by a Court, and an appeal lies from that sentence, the Court may, if the convicted person satisfies the Court that he intends to present an appeal order that be released J3n bail, for a period sufficient in the Opinion of the Court to enable him to present the appeal and obtain the orders of the Appellate Court under sub-section (1) and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended. (2-B) Where a High Court is satisfied that a convicted person has been granted special leave to appeal to the Supreme Court against any sentence which it has imposed or maintained, it may, ,if it so thinks fit order that pending the appeal the sentence or order appealed against be suspended and, also, if the said parson is in confinement, that he be released on bail. (3) When the appellant is ultimately sentenced to imprisonment, or imprisonment for life the time during which he is so released shall be excluded in computing the term for which he is so sentenced. 427. Arrest of accused in appeal from acquittal: When appeal is presented under Section 411-A, sub-section (2), or Section 417, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court, before which he is brought may commit him to prison pending the disposal of the appeal, or admit him to bail. 428. Appellate Court may take further evidence or direct it to be taken : In dealing with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons, and may either take such evidence itself, or direct it to be taken by a Magistrate, or when the Appellate Court is a High Court, by a Court of Session or a Magistrate. (2) Where the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify such evidence to the Appellate Court, and Such Court shall thereupon proceed to dispose of the appeal. (3) Unless the Appellate Court otherwise directs, the accused or his pleader shall be present when the additional evidence is taken. 20. Sub-sec. (2-B) inst. by the Code of Criminal Procedure (Second Amendment) Act, 4 of 1946, S. 2. (4) The taking of evidence under this section shall be subject to the provisions of Chapter XXV, as if it were an inquiry. 429. Procedure where Judges of Court of Appeal are equally divided : When the Judges composing the Court of Appeal are equally divided in opinion, the case, with their opinions thereon, shall be laid before another Judge of the same Court and such Judge, after such hearing (if any) as he thinks fit, shall deliver his opinion, and the judgment or order shall follow such opinion. 430. Finality of orders on appeal: Judgments and orders passed by an Appellate Court upon appeal shall be final, except in the cases -provided for in Section 417 and Chapter XXXII. 431. Abatement of appeals: Every appeal under Section 411-A, sub-section (2), or Section 417 shall finally abate on-the death of the accused, and every other appeal under this Chapter except an appeal from a sentence of fine shall finally abate on the death of the appellant CHAPTER XXXII OF REFERENCE AND REVISION 432-433. [Omitted by AO.1949, Sch.] 434. [Omitted by Act, XXVI of 1943, S. 6.] 435. Power to call for records of inferior Courts: (1) The High Court or any Sessions Judge may call for an examine the record of any proceeding before any inferior Criminal Court situate within the local limits of its or his jurisdiction for the purpose of satisfying, itself or himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of such inferior Court and may, when calling for such record, direct that the execution of any sentence be suspended and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record. Explanation: All Magistrates shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section. (2) [Omitted by Item No. 150 (ii) of Punjab Notification No: SO (J-ll) 1-8-/75 (P-V). dated 21-3-1996 for Punjab and by same Item No. of Islamabad Notification No. S.'R.O. 255 (I) 96, dated 8-4-1996 for Islamabad only.] (3) [Rep. by the Code of Criminal Procedure (Amendment) Act, l923^(Vfffof1923);S. 116.] (4) [Omitted by Item. No. 150(ii) of Punjab Notification No. SO(J-II) 1-8/75 (P-V), dated 21- 3-1996 for Punjab and by same Item No. of Islamabad Notification No. S.R^O. 255(f)/96, dated 8-4-1996 for Islamabad only.] 436. Power to order further inquiry: On examination any record under Section-435 or otherwise (a) the High Court may direct the Sessions Judge to require [any] Magistrate subordinate to him to make, and the Sessions Judge himself may direct any Judicial Magistrate subordinate to him to make, further inquiry into any complaint which has been dismissed under Section 203 or sub-section (3) of Section 204, or into the case of any person accused of an offence who, has been discharged ; (6) the High Court or the Sessions, Judge may direct [any Magistrate] to make further Inquiry into any proceedings to, which an order of discharge or release has been made under Section 119: Provided that no Court shall make any direction under this section for enquiry into the case of a person Who has been released or discharged under Section 119 unless such person has had an opportunity of showing cause why such direction should not be made.] Subs. by Ordinance. XXXVII of 2001, dt. 13-8-2001. 437. [Omitted by Law Reforms Ordinance, XII of 1972, Sch. 152.] 438. [Omitted by Item No. 752-B of Punjab Notification No. SO(J-II) 1-8/75 P-V dated 21- 3-1996 for Punjab and by same Item No. of Islamabad Notification No.S.R.0. 255(l)/96, dated, 8-4-1996 for Islamabad only.] 439. High Court’s powers Of revision: (1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court, may, in its discretion,, exercise any of the powers Conferred on a Court of Appeal by Sections 423, 426, 427 and 428 or on a Court by Section 338, and may enhance the sentence and, when the Judges Composing the Court of Revision are equally divided in. opinion, the case shall be disposed of in manner provided by Section 4.29. (2) No order under this section, shall be made to the prejudice of the accused unless he has had an opportunity of being heard either personally or by pleader in his own defence. (3) Where the sentence dealt with under this section has been passed by a Magistrate the Court shall not inflict a greater punishment for the offence which, in the opinion of such Court, the accused has committed, than might have been inflicted for such offence by a Magistrate of the First Class. (4) Nothing in this section shall be, deemed to authorize a High Court— (a) To convert a finding of acquittal into one of conviction; or (b) to entertain any proceedings in revision, with respect to an order made .by the Sessions Judge under Section (5) Where under this Code an appeal lies and no appeal is brought, no proceedings by way of revision shall be entertained at the instance of the party who could have appealed. (6) Notwithstanding anything contained in this section, any convicted person to whom an opportunity has been given under sub-section (2) of showing cause why his sentence should not be enhanced shall, in showing cause, be entitled at so to show cause against Ns conviction. 439-A. Sessions Judge's powers of revision: (1) In the case of any proceedings before a Magistrate the record of which has been called for by the Sessions Judge or which otherwise comes to his knowledge; the Sessions, Judge may exercise any of the powers conferred on the High Court by Section 439: (2) An Additional Sessions Judge shall have and may exercise all the powers of a Sessions Judge under, this Chapter in respect of any case which nay be transferred to him under any general or special order of the Sessions Judge. 440. Option with Court to hear parties : No party has any right to be heard either personally or by pleader before any Court when exercising its powers of revision : Provided that the Court .may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader, and that nothing in this section shall be deemed to affect Section 439, sub-section (2). 441. [Omitted by A.O., 1949, Sch.] 442. High Court's order to be certified to lower Court or Magistrate: When a case is revised under this Chapter by the High Court, it shall, in manner hereinbefore provided by Section 425, certify its decision or order to the Court by which the finding, sentence or order revised was recorded or passed, and the Court or Magistrate to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision so certified; and, if necessary, the record shall be amended in accordance therewith. PART VIII SPECIAL PROCEEDINGS CHAPTER XXXIII 443 to 463. [Omitted by the Criminal Law (Execution of Discriminatory Privileges) Act, 1949, II of 1950, Schedule.] CHAPTER XXXIV LUNATICS 464. Procedure in case of accused being lunatic: (1) When a Magistrate holding an inquiry or a trial has reason to believe that the accused is of unsound mind and consequently incapable of making his defence, the Magistrate shall inquire into the fact of such unsoundness, and shall cause such person to be examined by the Civil Surgeon of the distract or such other medical officer as the Provincial Government directs, and thereupon shall examine such surgeon or other officer as a witness, and shall reduce the examination to writing. (1-A) Pending such examination and inquiry, the Magistrate may deal with the-accused in accordance with the provisions of Section 466. (2) If such Magistrate is of opinion that the accused is of unsound mind and consequently incapable of making his defence, he shall record a finding to that effect and, shall postpone further proceedings in the case. 465. Procedure in case of person sent for trial before Court of Session or High Court being lunatic: (1) If any person before a Court of Session or a High Court appears to the Court at his trial to be of unsound mind and consequently incapable of making his defence, the Court shall, in the first instance, try the fact of such unsoundness and incapacity, and if the Court is satisfied of the fact, it shall record a finding to that effect and shall postpone further proceedings in the case. (2) The trial of the fact of the unsoundness of mind and incapacity of the accused shall be deemed to be part of his trial before the Court. 466. Release of lunatic pending investigation or trial: (1) Whenever an accused person is found to of unsound mind and incapable of making his defence, the Magistrate or Court, as the case may be, whether the case is one in which bail may be taken or not, may release him on sufficient security being given that he- shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance when required before the Magistrate or Court or such officer as the Magistrate or Court appoints in this behalf. (2) Custody, of lunatic: If the case is one in which, in the opinion of the Magistrate or Court, bail should not be taken, or if sufficient security is not given, the Magistrate or Court, as the case may be, shall, order the accused to be detained in safe custody in such place and manner as he or it may think fit, and shall report the action taken to the provincial Government: Provided that no order for the detention of the accused in a lunatic asylum shall be made otherwise than in accordance with such rules as the Provincial Government may have made under the Lunacy Act, 1912. 467. Resumption of inquiry or trial: (1) Whenever an inquiry or a trial is postponed under Section 464, or Section 465, the Magistrate or Court, as the case may be, may at any time resume the inquiry or trial, and require the accused to appear or be brought before Such Magistrate or Court. (2) When the accused has been released under Section 466 and, the sureties for his appearance produce him to the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that the accuser is capable of making his defence shall be receivable in evidence. 468, Procedure on accused appearing before Magistrate or Court: (1) if, when the accused appears or is again brought before the Magistrate or the Court, as the case may be, the Magistrate or Court, considers him capable of making his defence, the inquiry or trial shall proceed, (2) If the Magistrate or Court considers the accuser to be still incapable of making his defence, the Magistrate or Court shall again act according to the provisions of Section 464 or Section 465, as the case may be, and if the accused is round to be of unsound mind and incapable of making his defence, shall deal with such accused in accordance with the provisions of Section 466. 469. When accused appears to have, been insane: When the accused appears to be of sound mind at the time of Inquiry or trial, and the Magistrate or Court is satisfied from the evidence given before him that there is reason to believe that the accused committed art act which if he had been of sound mind, would have been an offence, and that he was. at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the nature of the fact or that it was wrong or contrary to law, the Magistrate or Court shall proceed with the case. 470. Judgment of acquittal on ground of lunacy: Whenever any person is acquitted upon the ground that, at the time at which he is alleged to have committee an offence he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or hot. 471 Person acquitted on such ground to be detained In safe custody: (1) Whenever the finding states that the accused person/committed the act alleged, the Magistrate or Court before whom, or which the trial has been held, shall, if such act would but for the incapacity, found, have constituted an offence, order such person to be detained in safe Custody in such place and manner as the Magistrate or Court thinks fit, and shall report the action taken to the Provincial Government: Provided that no order for the detention of the accused in a lunatic asylum .shall be made otherwise than in accordance with such rules as the Provincial Government may have made under the Lunacy Act, 1912. (2) Power of Provincial Government to relieve Inspector-General of certain functions: The Provincial Government may empower the officer incharge of the jail in which a person is confined under the provisions of Section 466 or this section, to discharge at! or any of the functions of the inspector General of Prisons under Section 473 or Section 474. 472. [Rep. by the Lunacy Act, 1912 IV of 1912), S, 101 and Schedule II.] 473. Procedure where lunatic prisoner is reported capable of making his defence : If such person is detained under the provisions of Section 466, and in the case of a person detained in a jail, the Inspector-Genera! of Prisons, or, in the case of a person detained in a lunatic asylum, the visitors of such asylum or any two of them shall certify, that, in his or their opinion, such person is capable-of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time, as the Magistrate or Court, appoints, and the Magistrate or Court shall deal with such person under the provisions of Section 468, and the certificate of such inspector-General or visitors as aforesaid shall be receivable as evidence. 474. Procedure where lunatic detained under Section 466 or 471 is declared fit to be released: (1) If such person is detained under the provisions of Section 466 or Section 471, and such Inspector-General or visitors shall certify that in his or their judgment, fie may be released without danger or his doing injury to himself or to any other person, the Provincial Government may thereupon order him to be released or to be detained in custody, or to be transferred to a, public lunatic asylum; if he has not been already sent to such an asylum; and, in case it orders him to be transferred to an asylum, may appoint a Commission, consisting of a Judicial and two medical officers. (2) Such Commission shall make forma! inquiry into the state of mind of such person, taking such evidence as is necessary, and shall report to the Provincial Government, which may order his release or detention as it thinks fit. 475. Delivery of lunatic to care of relative or friend : (1) Whenever any relative or friend of any person, detained under the provisions of Section 466 or Section 471 'desires that he shall be delivered to his care and custody, the Provincial Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such Provincial Government that the person delivered shall-- (a) be properly taken care of and prevented from doing injury to himself or to any other person, and (b). be produced for the inspection of such officer, and at such times and places, as the Provincial Government may direct, and (c) in the case of a person detained under Section 466, be produced when required before such Magistrate or Court,. order such person-to be delivered to such relative or friend. (2) If the person so delivered is accused of any offence the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the Inspecting Officer referred to in sub-section (1), clause (b) certifies at anytime to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shaft call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court; and, upon such production, the Magistrate or Court shall proceed in accordance with the provisions of Section 468, and the certificate of the inspecting officer shall be receivable as evidence. CHAPTER XXXV PROCEEDINGS IN CASE OF CERTAIN OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE 476. Procedure in cases mentioned in Section 195: When any offence referred to in Section 195, sub-section (1), clause(b) or clause (c), has been committed in or in relation to a proceeding in any Civil, Revenue or Criminal Court, the Court may take cognizance of the offence and try the same in accordance with the procedure prescribed for summary trials in Chapter XXII. (2) When in any case tried under sub-section (1) the Court finds the offender guilty, it may, notwithstanding anything contained in sub-section (2) of Section 262- (a) pass any sentence on the offender authorised by law for such offence, except sentence of death, or imprisonment for life. or imprisonment exceeding five years, if such Court be a High Court, a Court of Session, a District Court or any Court exercising the power of a Court of Session or a District Court; (b) sentence the offender to simple imprisonment for a term which may extend to three months, or to pay a fine not exceeding one thousand rupees, or both, it such Court be a Court of a Magistrate of the First Class, a Civil Court other than a High Court, a District Court or a Court exercising the powers of a District Court, or a Revenue Court no inferior to Court of Collector. (c) sentence the offender to simple imprisonment for a term not exceeding on^ month, or to pay a fine not exceeding fifty rupees, or both, if such Court be a Criminal Court or a Revenue Court other than a Court referred to in clause (a) or clause (b). (3) The powers conferred on Civil, Revenue and Criminal Courts under this section may be exercised in respect of any offence referred to in sub-section (1) and alleged to have been committed in relation to any proceeding in such Court by the Court to which such former Court is subordinate within the meaning of sub-section (3) of Section 119. (4) Any person sentenced by any . Court under this section may, notwithstanding anything hereinbefore contained; appeal- (a) in the case of a sentence by the, High Court, to the Supreme Court. (b) in the case of a, sentence by a Court of Session, or District Courts of a Court, exercising the powers of a Court of Session-or a District Court, to the High Court; and (c) in any other case, to the Sessions Judge. (5) The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals under this section and the Appellate Court may alter the finding or reduce or enhance the sentence appealed against. 476-A. Forwarding of cases for trial by Courts having jurisdiction: (1) If the Court in any case considers that the person accused of any of the offences referred to in Section 476, sub-section (1), and committed in, or in relation to, any proceedings before it, should not be tried under that section, such Court may, after recording the facts constituting the Offence and the statement of the accused person, as hereinbefore provided, forward the case to a Court having jurisdiction to try the case, and may require security to be given for the appearance of such accused person before such Court, or if sufficient security is not given, shall forward such person in custody to such Court. (2) The Court to which a case is forwarded under this section shall proceed to hear the complaint against the accused person in the manner hereinbefore provided. 476-B. [Omitted by Law Reforms Ordinance, XII of 1972]. 477. [Rep. by the Code of Criminal Procedure (Amendment) Act 1923, XVIII of 1923, S. 129 478-479. [Omitted by Law Reforms Ordinance, XII Of 1972]. 480. Procedure in certain cases of contempt: (1) When any such offence as is described in Section 175, Section 178, Section 179, Section 180 or Section 228 of the Pakistan Penal Code is committed in the view or presence of any Civil Criminal or Revenue Court, the Court may cause the offender to be detained in custody and at any time before the rising of the Court on the same day may,, if it thinks fit, take cognizance of the offence and sentence the offender to fine not exceeding two hundred rupees; and, in default of payment to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid. (2) [Omitted by Act, II of 1950, Sch.] 481. Record in such cases: (1) In every such case the Court shall record the facts constituting the offence, with the statement (if any) made by the offender, as well as the finding and sentence. (2) If the offence is under Section 228 of the Pakistan Penal, Code the record shall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult. 482. Procedure where Court considers that case should not be dealt with under Section 480: (1) If the Court in any case considers that a person accused of any of the offences referred to in Section 480 and committed in its view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not be disposed of under Section 480, such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such accused person before such Magistrate, or if sufficient security is not given, shall forward such person in custody to such Magistrate. (2) The Magistrate, to whom any case is forwarded under this section, shall proceed to hear the complaint against the accused person in manner hereinbefore provided. 483. When Registrar or Sub-Registrar to be deemed a Civil Court within Sections 480 and 482: When the Provincial Government so directs, any Registrar or any Sub- Registrar appointed under the [Registration Act, 1908] shall be deemed to be a Civil Court within the meaning of Sections 480 and 482. 484. Discharge of offender on submission of apology : When any Court has under Section 480 or Section 482 adjudged an offender to punishment or forwarded him to a Magistrate for trial for refusing or omitting to do anything which he -was lawfully required to do or for any intentional insult or interruption, the Court may in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such Court, or of apology being made to its satisfaction. 485. Imprisonment or committal of person refusing to answer or produce document: If any witness or person called to produce a document or thing before a Criminal Court refuses to answer such questions as are put to him or to produce any document or thing in his possession or power which the Court requires him to produce, and does not offer any reasonable excuse for such refusal, such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment, or by warrant under the hand of the Presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not exceeding seven days, unless in the meantime such person consents to he examined and to answer, or to produce the document, or thing. In the event of his persisting in his refusal, he may be dealt with according to the provisions of Section 480 or Section 482, and in the case of a High Court, shall be deemed guilty of a contempt; 486. Appeals from convictions in contempt cases: (1) Any person sentenced by any Court under Section 480 or Section 485 may; not withstanding anything hereinbefore contained, appeal to the Court to which decrees or orders made in such Court are ordinarily appealable. (2) The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals under this, section, and the Appellate Court may; alter or reverse the finding, or reverse the sentence appealed against . (3) [Omitted by AO Sch.]-- An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the session division within which such Court is situate. (4) An appeal from such conviction by any officer as Registrar or sub-registrar appointed as aforesaid may, when such officer is also Judge of a civil Court be made to the Court to which. It would be under the preceding portion of this section, be made if such conviction were a decree by such officer in his capacity as such Judge, and in other causes may be made to the District Judge. 487. Certain Judges and Magistrates not to try offences referred to in Section 195 when committed before themselves: (1) Except as provided1 in Sections 4761, 480 and 485 no Judge of .a Criminal Court or Magistrate, other than a Judge of a High Court, shall try any person for any offence referred to in Section 195, when such offence is committed before himself or in contempt of his authority, or is brought under his notice, as such Judge or Magistrate in the course of a judicial proceeding. (2) [Omitted by taw Reforms Ordinance XII of 1972] CHAPTER XXXVI [SECTIONS 488TO 490]: [Omitted by Federal Laws (Revision and Declaration) Ordinance, XXVII of 1981.] CHAPTER XXXVII DIRECTIONS OF THE NATURE OF A HABEAS CORPUS 491. Power to issue directions of the nature of a habeas corpus : (1) Any High Court may, whenever it thinks fit, direct-- (a) that a person within the limits of its appellate criminal jurisdiction be brought up before the Court to be dealt with according to law; (b) that a person illegally or improperly detained in public or private custody within such limits be set at liberty ; (c) that a prisoner detained in any Jail situated within such limits be brought before the Court to be there examined as a witness in any matter pending or to be inquired into in such Court; (d) that a prisoner detained as aforesaid be brought before a Court-martial or any Commissioners for trial or to be examined touching any matter pending before such Court- martial or Commissioners respectively ; (e) that a prisoner within such limits be removed from one custody to another for the purpose of trial; and (f) that the body of a defendant within such limits be brought in on the Sheriff's return of Cepi Corpus to a writ of attachment. (2) The High Court may, from time to time, frame rules to regulate the procedure in cases under this section. (3) Nothing in this section applies to persons detained under any law providing for preventive detention. 491-A. Powers of High Court outside the limits of appellate jurisdiction; [Omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (If of 1950), Schedule.] PART IX SUPPLEMENTARY PROVISIONS CHAPTER XXXVIII OF THE PUBLIC PROSECUTOR 492. Power to appoint Public Prosecutors: (1) The Provincial Government, may appoint, generally, or in any case, or for; any. specified class of cases, in any local area, one or more officers to be called Public Prosecutors. (2) [Officer-in-charge of prosecution in the district] may, in the absence of the Public Prosecutor, or where no Public Prosecutor has been appointed, appoint any other person, not being an officer of police below such rank as the Provincial Government may prescribe in this behalf to be Public Prosecutor for the purpose of any case. Subs. by the Ordinance, XXXVII of 2001, dt. 13-8-2001. 493. Public Prosecutor may plead in all Courts in cases under his charge-Pleaders privately instructed to be under his direction: The Public Prosecutor may appear and plead without any written authority before any Court in which any case of which he has charge is under inquiry, trial or appeal, and if any private person instructs a pleader to prosecute in any Court any person in any such case, the Public Prosecutor shall conduct the prosecution, and the pleader so instructed shall act therein, under his directions. 494. Effect of withdrawal from prosecution : Any Public Prosecutor may, with the consent of the Court, before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried; and upon such withdrawal,-- (a) if it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences; (b) if it is made after a charge has been framed, or when under this Code no charge is required, he shall be acquitted in respect of such offence or offences: 495. Permission to conduct prosecution: (1) Any Magistrate inquiring into or trying any case may permit the prosecution to be, conducted by any, person other than an officer of Police below the rank to be prescribed by the Provincial Government in this behalf but no person, other than the Advocate-General, Standing Counsel, Government Solicitor, Public Prosecutor or other officer generally or specialty empowered by the Provincial Government in this behalf, shall! be entitled to do so without such permission. (2) Any such officer shall have the like power of withdrawing from the prosecution as is provided by Section 494, and the provisions of that section, shall apply to any withdrawal by such officer. (3): Any, person conducting the prosecution may do so personally or by a pleader. (4) An officer of police shall not be permitted to conduct the prosecution if he has taken any part in the investigation into the offence with respect to which the accused is being prosecuted. CHAPTER XXXIX OF BAIL 496. In what cases bail to be taken: When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer incharge of a police station or appear or is brought, before a Court, and is prepared at any time while in the custody of such officer or at: any stage of the proceedings, before such Court to give bail, such person shall be released on bail, Provided that such officer or Court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as; hereinafter provided: Provided, further that' nothing-in this section shall be deemed to affect the provisions of Section 107, sub-section (4), or Section 117, sub-section (3). 497. When bail may be taken in case of non-bailable offence: (1) When any person accused of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought-before a Court, he may be released on bail but he shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life or imprisonment for ten years: Provided that the Court may direct .that any person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be released on bail, provided further that a person accused of an offence as aforesaid shall not be release on ball unless the prosecution has been given notice to show cause why he should not be so released: Proviso : [Omitted by the Ordinance, LIV of 2001.] (2) If it appears to such Officer or Court at any stage of the investigation, inquiry or trial, as the case may be that there are not reasonable: grounds, for believing that the accused has committed a non-bailable offence; but that there are sufficient grounds for further inquiry into his guilt, the accused shall, pending such inquiry, be released on bail, or, at the discretion of such officer or Court, on the execution ,by him of a bond without sureties for his appearance as hereinafter provided. (3) An officer of a Court is releasing any person on bail under sub-section, (1) or sub- section (2) shall record in writing his or its reasons for so doing. (4) If, at any time after the conclusion at the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court is, of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in custody on the execution by him of a bond without sureties for his appearance to hear judgment delivered. (5) A High Court or Court of Session and, in the case of a person released by itself any, other Court may cause any person who has been released under this section to be arrested and may commit him to custody. 498. Power to direct admission to bah or reduction of bail: The amount of every bond executed under this Chapter shad be fixed with due regard to the circumstances of the, case, and shall, not be excessive and the High Court or Court of Session may in any case, whether there be. an, appeal on conviction or riot, direct that any person be admitted to bail, or that the bail required by a police officer or Magistrate be reduced. 498-A. No bail to be granted to a person not in custody, in Court or against whom no case is registered, etc.: Nothing in Section 497, or Section 498 shall be deemed to require or authorise a Court to release on bail, or to direct to be admitted to bail, any person who is not in custody or is not present in Court or against whom no case stands registered for the time being and an order for the release of a person on bail, or a direction that a person be admitted to bail, shall be effective only in respect of the; case that so stands registered against him and is specified in the order or direction. 499. Bond of accused and sureties : (1) Before any person is released on bail or released on his own bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and when he is released on bail, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be. (2) If the case so requires, the bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge. 500. Discharge from custody: (1) As soon as the bond has been executed, the person for whose appearance it has been executed .shall be released; and, when he is in jail, the Court admitting him to bail shall issue an order of release to the officer incharge of the jail and such officer on receipt of the order shall release him. (2) Nothing in this section, Section 496 or Section 497 shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed. 501. power to order sufficient bait when that first taken is insufficient: lf through mistake, fraud or otherwise, insufficient sureties, have been accepted, or if they afterwards become insufficient, the Court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and, on his failing so to do, may commit him to jail. 502. Discharge of sureties : (1) All or any sureties for the attendance and appearance of a person released on bail may at and time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants. (2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him. (3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the, bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and if he falls to do so, may commit him to custody. CHAPTER XL OF COMMISSIONS FOR THE EXAMINATION OF WITNESSES 503. When attendance of witness may be dispensed with : (1) Whenever, in the course of an inquiry, a trial or any other proceeding under this Code, it appears to a Court of Session or the High Court that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which under the circumstances of the case, would be unreasonable, such Court may dispense with such attendance and may issue a commission to any Magistrate of the First Class, within the local limits of whose jurisdiction, such witness resides, to take the evidence of such witness. (2) [Omitted by Federal Laws (Revision and Declaration) Ordinance, XXVII of 1981]. (2-A) When the witness resides- in an area in or in relation to which the President has Extra-Provincial Jurisdiction Within the meaning of the Extra-Provincial Jurisdiction Order, 1949 (G.G.O. No- 5 of 1949), the commission may be issued to such Court or officer in the area as may be recognised by the President by notification in the official Gazette as a Court or officer to which or to whom commissions may be issued under this sub-section and within the local limits of whose jurisdiction the witness resides. (2-B) When the witness resides in the United Kingdom or any other country of the Commonwealth or in the Union of Burma or any other country in which reciprocal arrangement, in this behalf exists, the commission may be issued to such Court or Judge having authority in this behalf in that country as may be specified by the Federal Government by notification in the Official Gazette. (3) The Magistrate or officer to whom the commission is issued, shall proceed to the place where the witness is or shall summon the witness before him, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of cases under this code. (4) Where the commission is issued to such officer as is mentioned in sub-section (2-A), he may, in lieu of proceeding in the manner provided in Sub-section (3), delegate his powers and duties under the commission to any officer subordinate to him whose powers are not less than those of a Magistrate of the First Class in Pakistan. 504.[Omitted byA,Q.,1949, Sch.]. 505. Parties may examine witnesses : (1) The parties to any proceeding under this Code in which a commission is issued may, respectively forward any interrogatories in writing which the Magistrate or Court directing the commission may think relevant to the issue and when the commissions is directed to a Magistrate or officer mentioned in Section 503, such Magistrate or the officer to Whom the duty executing such commission has been delegated shall! examine the witness upon such interrogations. (2) Any such party may appear before such Magistrate or officer by pleader, or if not in custody, in person, and may examine, cross-examine and re-examine (as the case may be) the said witness. 506. Power of Magistrate to apply for issue of commission : Whenever, in the course of an inquiry or a trial or any other proceeding under this Code before any Magistrate it appears that a commission ought to the issuer for the examination of a witness whose evidence is necessary for the ends of justice, .and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which under the circumstances of the case, would be unreasonable, such Magistrate, shall apply to the Sessions Judge shall apply to the District Magistrate]stating the reasons for the application and the Sessions Judge may either issue a commission in the manner hereinbefore provided or reject the application. 507. Return of commission: (1) After any commission issued under Section 503, or Section 506 has been duly executed, it shall be returned, together with the deposition of the witness examined there under, to the Court out of which it issued; and the commission; the return thereto and the deposition shall be open at alt, reasonable times, to inspection of the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record. (2) Any deposition so taken, if it satisfies the conditions prescribed by Article 47 of Qanun- i-Shahadat, 1984, may also be received in evidence at any subsequent stage of the case before another Court. 508. Adjournment of inquiry or trial : In every case in which a commission is issued under Section-503 or Section 506, the inquiry, trial or other proceeding may be adjourned for a specified time reasonable sufficient for the execution and return of the commission. 508-A. Application of this Chapter to commissions issued in Burma : The provisions of sub-section (3) of Section 503, and so much of Sections 505 and 507 as relate to the execution of commission and its return by the Magistrate or officer to whom the commission is directed shall apply in respect of commissions issued by any Court or Judge having authority in this behalf in the United Kingdom or in any other country of the Commonwealth or in the Union of Burma or any other country in which reciprocal arrangement in this behalf exists under the law in force in that country relating to commissions for the examination of witnesses, as they apply to commissions issued under Section 503 or Section 506. CHAPTER XLI SPECIAL RULES OF EVIDENCE 509. Deposition of medical witness : (1) The deposition of a Civil Surgeon or other medical witness, taken and attested by a Magistrate in the presence of the accused, or taken on commission under Chapter XL, may be given in evidence in any inquiry, trial or other proceeding under this Code, although the deponent is not called as a witness- (2) Power to summon medical witness : The Court may, if it thinks fit, summon and examine such deponent as to the subject matter of his deposition. 510. Report of Chemical Examiner, Serologist: Any document purporting to be a report, under the hand of any Chemical Examiner or Assistant Chemical Examiner to Government or of the Chief Chemist of the Pakistan Security Printing Corporation Limited or any Serologist, fingerprint expert or fire-arm expert appointed by Government upon any matter or thing duty submitted to him for examination or analysts and report in the course of any proceeding under this Code, may, without calling him as a witness, be used as evidence in any inquiry, trial or other proceeding under this Code: Provided that the Court may, if it considers necessary in the interest of justice, summon and examine the person by whom such report has been made. 511. Previous conviction or acquittal how proved : In any inquiry, trial or other proceeding wider this Code, a previous conviction or acquittal may be proved, in addition to any other mode provided by any law for the time being in force- (a) by an extract certified under the hand of the officer having the custody of the records of the Court in which such conviction or acquittal was had to be a copy of the sentence or the order. (b) In case of a conviction, either by a certificate signed by the officer incharge of the jail in which the punishment or any part thereof was inflicted, or by production of the warrant of commitment under which the punishment was suffered, together with in each of such cases, evidence as to the identity of the accused person with the person so convicted or acquitted. 512. Record of evidence in absence of accused: (1) if it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him, the Court competent to try of send for trial to the Court of Session or High Court such person for the offence complained of may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution and record their depositions. Any such deposition may, on the arrest of such person, be given in evidence against him on the inquiry into, or trial for the offence with which he is charged if the deponent is dead or incapable of, giving evidence or his attendance cannot be procured without an amount of delay, expanse or inconvenience which, under the circumstance's of the case, would be unreasonable, (2) Record of evidence when offender unknown : if it appears that an offence punishable with death or imprisonment for life has been committed by some person or persons unknown, the High Court may direct that any Magistrate of the First Class shall hold an inquiry and examine any witnesses who can give evidence concerning the offence. Any depositions so taken may. be given in evidence against any person who is subsequently accused of the offence, if the deponent is dead or -incapable of giving evidence or beyond the limits of Pakistan. CHAPTER XLII PROVISIONS AS TO BONDS 513. Deposit instead of recognizance : When any person is required by any Court or officer to execute a bond, with or without sureties, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory-notes to such amount as the Court or officer may fix in lieu of executing such bond. 514. Procedure on forfeiture of bond : (1) Whenever it is proved to the satisfaction- of the Court by which a bond under this Code has been taken, or of the Court of a Magistrate of the First Class, or, when the bond is for appearance before a Court, to the satisfaction of such Court, that such bond has been forfeited, the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof, or to show cause why it should not be paid. (2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same by issuing a warrant for the attachment and, sale of the movable property belonging to such person or his estate if he be dead. (3) Such warrant may be executed within the local limits of the jurisdiction of the Court, which issued it; and it shall authorise the attachment, and sale of any movable property belonging to such person without such limits, when endorsed by the [District Officer Revenue] within the local limits of whose jurisdiction such property is found. (4) If such penalty is not paid and cannot be recovered by such attachment and sale, the person so bound shall be liable, by order of the Court which issued the, Warrant, to imprisonment in the civil jail for a term which may extend to six months. (5) The Court may; at its discretion remit any portion of the penalty mentioned and enforce payment in part only. (6) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged, from all liability in respect of the bond. (7) When any person who has furnished security under section 107 or section 108 is convicted of an offence the commission of which constitutes a breach of the condition of his bond, or of a bond executed in lieu of his bond under Section 5l4-B, a certified copy of the judgment of the Court by which he was convicted of such offence may be used as evidence in proceedings under this section against his surety or sureties, and, if such certified copy is so used, the Court shall presume that such offence was committed by him unless the contrary is proved. Subs. by the Ordinance, XXXVII of 2001, dt. 13-8-2001. 514-A. Procedure in case of insolvency or death of surety or when a bond is forfeited : When any surety to a bond under this Code become insolvent or dies, or when any bond is forfeited under the provisions of Section 514 the Court by whose order such bond was taken or Magistrate of the First Class, may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order, and, it such security, is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order. 514-B. Pond required from a minor: When the person required by any Court or Officer to execute a bond is a minor, such Court or officer may accept, in lieu thereof, a bond executed by a surety or sureties only. [515. Appeal from and revision of, orders under Section 514 : All orders passed by any Magistrate under Section 514 shall be appealable to the Sessions Judge or, if no appeal is preferred against any such order, may be revised by the Sessions Judge]. Subs. by the Ordinance, XXXVII of 2001, dt. 13-8-2001. 516. Power to direct levy of amount due on certain recognizance : The High-Court or Court of Session may direct any Magistrate to levy the amount due on a bond to appear and attend at such High Court or Court of Session. CHAPTER XLIII OF THE DISPOSAL OF PROPERTY 516-A. Order for custody and disposal of property pending trial in certain cases : When any property regarding which any offence appears to have been committed or which appears to have been used for the commission of any offence, is producer before any Criminal Court during any inquiry or trial, the Court may' make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, If the property is subject to speedy or natural decay, may, after recording such evidence as it thinks necessary, order it to be sold or otherwise deposed of. provided that, if the property consists of explosives substance, the Court shall not order It to be sold or handed over to any person other than a Government Department or office dealing with, or to an authorised dealer in such substances: Provided further that if the property is a dangerous drug, intoxicant, intoxicating liquor or any ; other narcotic substance seized or taken into custody under the Dangerous Drugs Act, 1930 (II of 1930), the Customs Act, 1969 (IV of 1969), the Prohibition (Enforcement of Hadd) Order, 1979 (P.O. 4 of 1979), or any other law for the time being in force, the Court may, either on. an application or of its own motion and under its supervision and control, obtain and prepare such number of samples of the property as it may deem fit for safe custody and production before it or any other Court and cause destruction of the remaining portion of the property under a certificate issued by it in that Behalf: Provided also that such samples shall be deemed to be Whole of the property in an inquiry or proceeding in relation to such offence before any authority or Court. 517. Order for disposal of property regarding which offence committed : (1) When an .inquiry or a trial in any Criminal Court is concluded, the Court may make such order as it thinks fit for the disposal by destruction, confiscation, or delivery to any person claiming to be entitled to possession thereof or otherwise of any property or document produced before it or in its custody or regarding whiter any offence appear to have been committed or which has been used for the commission of any offence. (2) When a High Court or Court of Sessions makes such order and cannot through its own officers conveniently deliver the property to the person entitled thereto, such Court may direct that the order be carried into effect by the [District Officer (Revenue)] (3) When an, order Is made under this section such order shall not. except where the property is livestock or subject to speedy and natural decay, and save as provided by sub- section (4), be carried out for one month, or, when an appeal is presented, until such appeal has been disposed of. (4) Nothing in this section shall be deemed to prohibit any Court from delivering any property under the provisions of sub-section (1) to any person claiming to be entitled to the possession thereof, on his executing a bond with or without sureties to the satisfaction of the Court; engaging to restore such property to the Court if the order made under this section is modified or set aside on appeal. Explanation : In this section the term "property" includes in the case of property regarding which an offence appear to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise. Subs. by the Ordinance. XXXVII of 2001, dt. 13-8-2001; 518. Order may take form of reference in lieu of itself passing an order under Section 517: The Court may direct the property to be delivered to [a Magistrate of the First Class] who shall in such cases deal with if as if it had been seized by the police and the Seizure had been reported to him in the manner hereinafter mentioned. Subs. by the Ordinance. XXXVII of 2001, dt. 13-8-2001; 519. Payment to innocent purchaser or money found on accused : When any person is convicted of any offence which includes, or amounts to, theft or receiving stolen property, and it is proved that any other person has bought the stolen property from him without knowing, or having reason to believe, that the same was stolen, and that any money has on his arrest been taken out of the possession of the convicted person, the Court may, on the application of such purchaser and on the restitution of the stolen property to the person entitled to the possession thereof order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him. 520. Stay of Order under Section 517,518 or 519: Any Court of appeal, confirmation, reference or revision may direct any order under Section 517, Section 518, or Section 519, passed by a Court subordinate thereto, to be stayed pending consideration by the former Court, and may modify, alter or annul such order and make any further orders that may be just. 521. Destruction of libellous and other matter: (1) On a convict under the Pakistan Penal Code, Section 292, Section 293 Section 501 or Section 502 the Court may order the destruction of all the copies of that thing in respect of which the conviction was had, and which are in the custody of the Court or remain En the possession or power of the person convicted, (2) The Court may, in like manner on a conviction under Pakistan Penal Code, Section 272, Section 273, Section 274 or Section 275, order the food, drink, drug or medical preparation in respect of which the conviction was had to be destroyed. 522. Power to restore possession of immovable property : (1) When ever a person is convicted of an offence of cheating or forgery or of an offence] attended by criminal force or show of force or by criminal intimidation and it appears to the Court that by such cheating forgery, force of Show of force of criminal intimidation any person has been dispossessed of any immovable, property the Court may, if it thinks fit when convicting such person or at any time within one month from the date of the conviction order the person dispossessed] to be restored to the possession of the same, whether such property is in the possession or under the control of the person convicted or of any other person to Whom it may have been transferred for any consideration or Otherwise. (2) No such order shall prejudice any right or interest to or in such immovable property which any person may be able to establish in a civil suit. (3) An order under this section may be made by any Court of appeal, confirmation, reference or revision. 522-A. Power to restore possession of movable property: (1) Whenever a person convicted of an offence of criminal misappropriation, of property or criminal breach of trust or cheating or forgery and it appears to the Court that, by such misappropriation, breach of trust, cheating or forgery, any person has been dispossessed or otherwise deprived of any movable property, the Court may, if thinks fit, when convicting such person of at any time within the month from the date of the convection, order the person dispossessed or deprived of the property, where such property can be identified, to be restored to the possession of such property, whether such property is in the possession or under the control of the person convicted or of any other person to whom it may have been transferred for any consideration or otherwise. (2) Where the property referred to in sub-section (1) cannot be identified or has been disposed of. by the accused so that it may not be identified, the Court may order such compensation to be paid to the person dispossessed or deprived of such property as it may determine in the circumstances of the case. (3) No order referred to in sub-section (1) or sub-section (2) shall prejudice any right or interest in any movable property which any person may be able to establish in a civil suit. 523. Procedure by police upon seizure of property taken under Section 51 or stolen: (1) The seizure by any police officer of property taken under Section 51, or alleged or suspected to have been stolen, or found under circumstances which create suspicion of the commission of any offence shall be forthwith reported to a Magistrate who shall make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property. . (2) Procedure where owner of property seized unknown : If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit. If such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation. 524. Procedure where no claimant appears within six months: (1) If no person within such period, establishes his claim-to-such property; and if the person in whose possession such property was found, is unable to show that it was legally acquired by him, such property shall be at the disposal of the Provincial Government and may be sold under the orders of [Magistrate of the First Class] empowered by the Provincial Government in this behalf. (2) In the case of every order passed under this section, an appeal shall lie to the Court to which appeals against sentences of the Court passing such order would lie. Subs. by the Ordinance. XXXVII of 2001, dt. 13-8-2001; 525. Power to sell perishable property : If the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is less than ten rupees, the Magistrate may at any time direct it to be sold; and the provisions of Sections 523 and 524 shall as nearly as may be practicable, apply to the net proceeds of such sale. CHAPTER XLIV OF THE TRANSFER OF CRIMINAL CASES 526. High Court may transfer case or itself try it: (1) Whenever it is made to appear to the High Court— (a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or (b) that Some question of law of unusual difficulty is likely to arise, or (c) that a view of. the, place in or near which any offence has been committed may be required for the satisfactory inquiry into a trial of the same, or (d) that an order under this section will tend to the general convenience of the parties or witnesses, or (e) that such an order is expedient for the ends of justice, or is required by any provision of this Code; it may order (i) that any offence be inquired into or tried by any Court not empowered under Sections 177 to 184 (both inclusive) but in other respects competent to inquire into or try such offence; (ii) that any particular case or appeal; or class of cases or appeals, be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction; (iii) that any particular case or appeal be transferred to and tried before itself; or (iv) that an accused person be sent for trial to itself or to a Court of Session. (v) When the High Court withdraws for trial before itself any case from any Court, it shall, observe in such trial the same procedure which that Court would have observed if the case had not been so withdrawn. (3) The High Court may act either on the report of the Lower Court, or on the application of a party interested, or on its own initiative. (4) Every application for the exercise of the power conferred by this section shall be made by motion, which shall except when the applicant is the Advocate-General, be supported by affidavit or affirmation. (5) When an accused person makes an application, under this section, the High Court may direct him to execute a bond, with or without sureties, conditioned that he will, if so ordered, pay any amount which the High Court may under this Section award by way of compensation to the person Opposing the application. (6) Notice to Public Prosecutor of application under this section .Every accused person making any such application shall give to the Public Prosecutor notice in writing of the application, together with a copy of grounds on which it is made, and no order shall be made on the merits of the application unless at least twenty-four hours have elapsed between the giving of such notice and the hearing of the application. (6-A) Where any application for the exercise of the power conferred by this section is dismissed, the High Court may if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding five hundred rupees as it may consider proper in the circumstances of the case. (7) Nothing in this section shall be deemed to affect any order made under Section197. (8) Adjournment on application under this section : If in any inquiry under Chapter VIII or any trial, the fact that any party intimates to the Court at any stage that he intends to make an application under this section shall not require the Court to adjourn the case, but the Court shall not pronounce its final judgment or order until the application has been finally disposed of by the High Court and, if the application is accepted by the High Court, the proceedings taken by the Court subsequent to the intimation made to it shall, at the option of the accused be held afresh. (9) If, before the argument (if any), for the admission of an appeal begins, or, in the case of an appeal admitted, before the argument for the appellant begins, any party interested intimates to the Court that he intends to make an application under this section, the Court, shall, upon such party executing, if so required, a bond without sureties of an amount not exceeding five hundred rupees that he will make such application within a reasonable time to be fixed by the Court, postpone the appeal of such a period as will afford sufficient time for application to be made and an order to be obtained thereon. 526-A. High Court to transfer for trial to itself in certain cases : [Omitted by Code of Criminal Procedure (Amdt.) Ordinance, XX of 1969. S. 2]. 527. Power of Provincial Government to transfer cases and appeals : (1) The Provincial Government may, by notification in the 5o[0fficial Gazette], direct the transfer of any particular case or appeal from one High Court .to another High Court or from any Criminal Court subordinate to one High Court, to any other Criminal Court of equal or superior jurisdiction subordinate to another High Court, whenever it appears to it that such transfer wit! promote the ends of justice, or tend to the general convenience of parties or witnesses : Provided that no case or appeal shall be transferred to a High Court or other Court in another Province, without the consent of the Provincial Government of that Province. (2) The Court to which such case or appeal is transferred shall deal with the same as if it had been originally instituted in, or presented to/such Court. 528: Sessions Judge may withdraw cases from Assistant Sessions Judge : (1) Any Sessions Judge may withdraw any case from, or re-call any ease which he has made over to, any Assistant Sessions Judge subordinate to him. (1-A) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, any Sessions Judge may re-call any case or appeal Which he ha-s made over to any Additional Sessions Judge. (1-B) Where a Sessions Judge withdraws or re-calls a case under sub-section (1) or re- calls a case or appeal under sub-section (1-A), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of the Code to another Court for trial or hearing, as the case may be. (1-C) Any Sessions Judge may withdraw any case from, or re-call any case which he has made over to any Magistrate subordinate to him, and may refer it for inquiry or trial to. any, other such Magistrate competent to inquire into or try the same. Explanation :[Omitted by legal Reforms Act, XXXIII of 1997. (4) Any Magistrate may re-call any case made over by him under Section 192, Sub- section (2), to any other Magistrate and may inquire into or try such case himself. (5) A Magistrate making an order under this preceding sub-section shall record in writing his reasons for making the same. (6) [Omitted A.O., 1949, Sch.] [528-A. Powers of District Magistrate for transfer of cases etc. : Omitted by the Ordinance, XXXVII of 2001, dt. 13-8-2001.] CHAPTER XLIV-A SUPPLEMENTARY PROVISIONS-RELATING TO EUROPEAN AND PAKISTAN BRITISH SUBJECTS AND OTHERS [Omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), Schedule]. CHAPTER XLV OF IRREGULAR PROCEEDINGS 529. Irregularities which do not vitiate proceedings: If any Magistrate not empowered by law to do any of the following things, namely :--- (a) to issue a search warrant under Section 98; (b) to order, under Section 155, the police to investigate an offence; (c) to hold an inquest under Section 176; (d) to issue process, under Section 186, for the apprehension of a person within the local limits of his jurisdiction who has committed an offence outside such limits; (e) to take cognizance of an offence under Section 190. sub-section (1), clause (a) or clause (6), (f) to transfer a case under Section 192; (g) to tender a pardon under Section '337 or Section 338; (h) to sell property under Section 524 or Section 525; or (i) to withdraw a case and try it himself under Section 528. erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered. 530. Irregularities which vitiate proceedings: If any Magistrate, not being empowered by law in this behalf, does any of the following things namely:- (a) attaches and sells property under Section 88; (b) issues a search-warrant for a letter, parcel or other thing in the Post Office, or a telegram in the Telegraph Department; (c) demands security to keep the peace; (d) demands security for good behaviour; (e) discharges a person lawfully bound to be of good behaviour; (f) cancels a bond to keep the peace; (g) makes an order under Section 133, as to a local nuisance; (h) prohibits, under Section 143, the repetition or continuance of a public nuisance; (i) issues an order under Section 144; (j) makes an order under Chapter XII; (k) takes cognizance, under Section 190, sub-section (1), clause (c) of an offence; (l) passes a sentence, under Section 349, on proceedings recorded by another Magistrate; (m) calls, under Section 435, for proceedings; (n) [Omitted]; (o) revises, under Section 515, an order passed under Section 514; (p) tries an offender; (q) tries an offender summarily; or (r) decides an appeal; his proceedings shall be void. 531. Proceedings in wrong place: No finding, sentence or order of any Criminal Court shall be set aside merely oh the ground that the inquiry, trial or other proceeding in the course of which it was arrived at or passed, took place in a wrong sessions division, district, sub-division or other local area unless it appears that such error has4n fact occasioned a failure of justice. 532. When regular commitments may be validated : [Omitted by Law Reforms Ordinance, XII of 1972]. 533. Non-compliance with provisions of Section 164 or 364: (1) If any Court, before which a confession or other statement of an accused person recorded or purporting to be recorded under Section 164 or Section 364 is tendered or has been received in evidence, finds that any of the provisions of either of such sections have, not been complied with by the Magistrate recording the statement, it shall take evidence that such person duly-made the statement recorded; and notwithstanding anything contained in the Evidence Act, 1872, Section 91, such statement shall be admitted if the error has not injured the accused as to his defence on the merits. (2) The provisions of this section apply to Courts of Appeal, Reference and Revision. 534. Commission to give information under Section 447: [Omitted by the: Criminal Law (Extinction of Discriminatory Privileges) Act 1949 (II of 1950), Schedule]. 535. Effect of omission to prepare charge: (1) No finding or sentence pronounced or passed shall be deemed invalid merely on the ground that no charge was framed, unless, in the opinion of the Court of appeal or revision, a failure of justice has in fact been occasioned thereby. (2) If the Court of appeal prevision thinks that a failure of justice has been occasioned by an omission to frame a charge, it shall order that a charge be framed, and that the trial be recommenced from the point immediately after the framing of the charge. 536. That by inquiry of offence triable with assessors: [Omitted by Law Reforms Ordinance XII of 1972]. 537. Finding or sentence when reversible by reason of error or omission in charge or other proceedings: Subject to the provisions hereinbefore contained no finding, sentence, order passed by a Court of competent jurisdiction shall be reversed or altered under Chapter XXVII or on appeal of revision on account-- (a) of any error, omission or irregularity in the complaint, report by police officer under Section 173 summon, warrant, charge, proclamations, order, judgment, or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or (b) of any error, omission or irregularity in the mode of trial, including any misjoinder of charges, unless, such error omission or irregularity has in fact occasioned a failure of justice. Explanation : In determining whether any omission or irregularity in any proceeding under this Code has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings. 538, Attachment not illegal, person making same not trespasser for defect or want of form in proceedings: No attachment made under this Code shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, writ of attachment or other proceedings relating thereto. CHAPTER XLVI MISCELLANEOUS 539. Court and persons before whom affidavits may be sworn: Affidavits and affirmations to be used before any High Court or any Officer of such Court may be sworn and affirmed before such Court or any Commissioner or other person appointed by such Court for that purpose, or any Judge, or any Commissioner for taking affidavits in any Court of record in Pakistan. 539-A. Affidavit in proof of conduct of public servant: (1) When any application is made to any Court in the course of any inquiry trial or other proceeding under this Code, and allegations are made therein respecting any public servant, the applicant may give evidence of the facts alleged in the application by; affidavit, and the Court may, if it thinks fit, order that evidence relating to such facts be so given- An affidavit to be used before any Court other than a High Court under the section may be sworn or affirmed in the manner prescribed in Section 539, or before any Magistrate. Affidavits under this section shall be confined to, and shall state separately, such facts as the deponent is able to prove from his own Knowledge and such facts, as he has reasonable grounds to believe to be true, and in the latter case, the deponent shall clearly state the grounds of such belief. (2) The Court may order any scandalous and irrelevant matter in an affidavit to be struck out or amended. 539-B. Local inspection: (1) Any Judge or Magistrate may at any stage of any inquiry, trial or other proceeding, after due notice to the parties, visit and inspect any place in which an offence is alleged to have been committed, or any other place which it is in his opinion necessary to view for the purpose of properly appreciating the evidence, given at such inquiry or trial and shall without unnecessary delay record a memorandum of any relevant facts, observed at such inspection. (2) Such memorandum shall form part of the record of the case if the Public Prosecutor, complainant or accused so desires, a copy of the memorandum shall be furnished to him free of cost: Proviso : [Omittedty Law Reforms Ordinance, XIl of 1972]. 540. Power to summon material witness or examine person present: Any Court may, at any stage of any inquiry, trial or other proceeding under this Code summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or re-call and re-examine any person already examined; and the Court shall summon and examine or re-call and re-examine any such person if his evidence appears to it essential to the just decision of the case. 540-A. Provi9lon for inquiries and trial being held in the absence of accused in certain cases: (1) At any stage of an inquiry or trial under this Code, where two or more accused are before the Court, if the Judge or Magistrate is satisfied, for reasons to, be recorded, that any one or more of such accused is or are incapable of remaining before the Court, he may, if such accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may at any subsequent stage of the proceedings, direct the personal attendance of such accused. (2) if the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit, and for reasons to be recorded by him either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately. 541. Power to appoint place of imprisonment : (1) Unless when otherwise provided by any law for the time being in force, the Provincial Government may direct in what place any person liable to be imprisoned or committed to custody under this Code shall be confined. (2) Removal to criminal jail of accused or convicted persons who are in confinement in civil jail and their return to the civil jail: If any person liable to be imprisoned or committed to custody under this Code is in confinement in a civil jail, the Court or Magistrate ordering the imprisonment or committal may direct that the person be removed to a criminal jail. (3) When a person is removed to a criminal, jail under sub-section (2), he shall, on being released there from be sent back to the civil jail, unless either-- (a) three years have elapsed since he was removed to the criminal jail, in which case he shall be deemed to have been discharged from the civil jail under Section 58 of the Code of Civil Procedure, 1908, or (b) the Court which ordered his imprisonment in the civil jail has certified to the officer incharge of the criminal jail that he is entitled to be discharged under Section 58 of the Code of Civil Procedure, 1908. 542. Power of Presidency Magistrate to order prisoner in jail to be brought up for examination : [Rep, by the Federal Laws (Revision and Declaration) Act, 1951. (26 of 1951),S. 3 and II Schedule]. 543. Interpreter to be bound to Interpret truthfully: When the cervices of an interpreter are required by any Criminal Court for the interpretation of any evidence or statement, he shall be bound to state the true interpretation of such evidence or statement. 544. Expenses of complainants and witnesses: Subject to any rules made by the Provincial Government, any Criminal Court may, if it thinks fit, order payment, on the part of Government, of the reasonable expenses of any complainant or witness attending for the purposes of any inquiry, trial or other proceeding before such Court under this Code. 544-A. Compensation of the heirs to the person killed, etc.: (1) Whenever a person is convicted of an offence in the commission whereof the death of, or hurt, injury or mental anguish or psychological damage, to any person is caused, or damage to or loss or destruction of any property is caused, the Court shall, when convicting such person, unless for reasons to be recorded in writing, it otherwise directs, order the person, convicted to pay to the heirs of the person whose death has been caused, or to the person hurt or injured, or to the person to whom mental anguish or psychological damage has been caused, or to the owner of the property damaged, lost or destroyed, as the case may be, such compensation as the Court may determine, having regard to the circumstances of the case. (2) The compensation payable under subjection (1) shall be recoverable as an arrears of land revenue and the Court may further order that, in default of payment or of recovery as; aforesaid the person ordered to pay such compensation shall suffer imprisonment for a period not exceeding six months, or if it be a Court of the Magistrate of the Third Class, for a period not exceeding thirty days. (3) The compensation payable under sub-section (1) shall be in addition to any sentence with the Court may impose for the offence of which the person directed to pay compensation has been convicted. (4) The provisions of sub-sections (2-B), (2-C), (3) and (4) of Section 250 shall as far as may be, apply to payment of compensation under this section. (5) An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision. 545. Power of Court to pay expenses of compensation out of fine : (T) Whenever under any law in force for the time being a Criminal Court imposes a fine or confirms in appeal, revision or otherwise a sentence of fine, or a sentence of which fine forms a part. the Court may, when passing judgment, order the whole or any part of the fine recovered, to be applied-- (a) in defraying expenses properly incurred in the prosecution; (b) in the payment to any person of compensation for any loss, injury or mental anguish or psychological damage caused by the offence, when substantial compensation is, in the opinion of the Court, recoverable by such person in a Civil Court. (c) when any person is convicted of any offence which theft, criminal misappropriation, criminal breach of trust or cheating, or of having dishonestly received or retained, or of having voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating any bona fide purchaser, of such property for the loss of the same if such property is restored to the possession of the person entitled thereto. (2) If the fine is imposed in a case which is subject to appeal, no such payment shall be made, before the period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision of the appeals - 546: Payments to be taken into account in subsequent suit : At the time of awarding compensation in any Subsequent civil suit relating to the same matter the Court shall take into account any sum paid or recovered as compensation under Section 544-A or Section 545. 546-A.Order of payment of certain fees paid by complainant in non-cognizable cases : Whenever any complaint of a non-cognizable offence is made to a Court, the Court, if it convicts the accused, may in addition to the penalty imposed upon him, order him to pay to the complainant-- (a) the fee (if any) paid on the petition of complaint or for the examination of the complainant, and (b) any fees paid by the complainant for serving processes on his witnesses or on the accused; and may further order that, in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days.. (2) An order under this section may also be made by an Appellate Court, or by the High Court, when exercising its powers of revision. 547. Moneys ordered to be paid recoverable as fines: Any money (other than a fine) payable by virtue of any order made under this Code, and the method of recovery of which is not otherwise expressly provided for shall be recoverable as if it were a fine. 548. Copies of proceedings: If any person affected by a judgment or order passed by a Criminal Court desires to have a copy of any order or deposition or other part of the record he shall, on applying for such copy, be furnished therewith: Provided that he pays for the same unless the Court, for some special reason thinks fit to furnish it free of cost. 549. Delivery to military authorities of persons liable to be fried by Court-martial : (1) The Federal Government may make rules-consistent with this Code and the Pakistan Army Act, 1952 (XXXIX of 1952 the Pakistan Air Force Act, 1953 (VI of 1953) and the Pakistan Navy Ordinance, 1961 (XXXV of 1961) and any similar law for the time being in force as to the cases in which persons, subject, to military, naval or air force law, shall be treated by a Court to which this Code applies, or by Court-Martial and when any person is brought before a Magistrate and charged with an offence for which he: is liable, to be tried either by a Court to which this Code applies or by a Court-martial, such Magistrate shall have regard to such rules, and shall in proper cases deliver him, together with a statement of the offence, of which he is accused, to the commanding officer of the regiment, corps, ship or detachment, to which he belongs, or to the commanding, officer of the nearest military, naval or air-force station, as the case may be, for the purposes of being tried by Court-martial. (2) Apprehension of such persons : Every Magistrate shall, on receiving a written application for that purpose by the commanding officer of any body of soldiers, sailors or airmen stationed or employed at any such place, use his utmost endeavours, to apprehend and secure any person accused of such offence. (3) Notwithstanding anything contained in this Code if the person arrested by the police is a person subject to the Pakistan Army Act, 1952, ( XXXIX of 1952) and the offence for which he is accused is triable by a Court-martial, the custody of such person and the investigation of the offence of which he is'-accused may be taken over by the commando officer of such person under the said Act. 550. Powers of police to seize property suspected to be stolen : Any police officer may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission, of any offence, such police officer, if subordinate to; the officer incharge of a police station, shall forthwith report the seizure to that officer. 551. Powers of superior officers of police: Police officers superior in rank to an officer incharge of a police station may exercise the same powers, throughout the local area to which they are appointed, as-may-be exercised by such officer within the limits of his station. 552. Powers to compel restoration of abducted females : Upon complaint made to a [Sessions Judge] on oath of the abduction or unlawful detention of a woman or of a female child under the age of sixteen years, for any unlawful purpose, he may make an order for the immediate restoration of such woman to her liberty or of such female child to her husband, parent guardian or other person having the lawful charge of such child and may compel compliance with such order, using such force as may be necessary. Subs. by the Ordinance,XXXVM of 2001,-Cft; 13-8-2001 553. [Rep. by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), S. 3 and II Schedule]. 554. Power of High Court to make rules for inspection of records of subordinate Courts: With the previous sanction of the Provincial Government, any High Court, may, from time to time, make rules for the inspection of the records of Subordinate Courts. (2) Powers of High Courts to make rules for other purposes: .Every High Court may from time to time, and with the previous sanction of the Provincial. Government, (a) make rules for keeping ail books, entries and accounts to be kept in all Criminal Courts subordinate to it, and for the preparation and transmission of any returns or statements to be prepared and submitted by such Courts; (b) frame forms for every proceeding in the said Courts for which it thinks that a form should be pre-qualified. (c) make rules for regulating its own practice and proceedings and the practice and proceedings of all Criminal Courts subordinate to it and: (d) make rules for regulating the execution of warrants issued under this Code for the levy of fines : Provided that the rules and forms made and framed under this section shall not be inconsistent with this Code or any other law in force for the time being. (3) All rules made under this section shall be published; in the official Gazette. 555. Forms : Subject to the powers conferred by Section 554, and by Articles 202 and 203 Of the Constitution, the forms set forth in the Fifth Schedule, with such variation as the circumstances of each case require, may be used for the, respective purposes therein mentioned, and if used shall be sufficient. 556. Case in which Judge or Magistrate is personally interested : No Judge or- Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself. Explanation : A Judge or Magistrate shall not be deemed a party, or personally interested, within the meaning of this section, to or in any case by reason only that he is a Municipal Commissioner or otherwise concerned-therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed, or any other place in which any other transaction material to the case is alleged to have occurred, and made an inquiry in connection with the case. Illustration A, as Collector, upon consideration of information furnished to him directs the prosecution of S for a breach of the Excise Laws. A is disqualified, from trying this case as a Magistrate. 557. Practising pleader not to sit as Magistrate in certain Courts : No pleader who practises in the Court of any Magistrate in a district, shall sit as a Magistrate in such Court or in any Court within the jurisdiction to such Court. 558. Powers to decide language of Court : The Provincial Government may determine what, for the purposes of this Code, shall be deemed to be the language of each Court within the territories .administered by such Government, other than the High Courts. 559. Provision for powers of Judges and Magistrates being exercised by their successors in-office : (1) Subject to the other provisions of the Code, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor-in-office. 2) When there is any doubt as to who is the successor-in-office of any Magistrate, the District Magistrate shall determine by order in writing the Magistrate who shall, for the purposes of this Code or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Magistrate. (3) When there is any doubt as to who is the successor-in-office of any Additional or Assistant Sessions Judge the Sessions Judge, shall determine by order in writing the Judge who shall, for the purposes of this Code or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Additional or Assistant Sessions Judge. 560. Officers concerned in sales not to purchase or bid. for property : A public servant having any .duty to perform in connection with the sale of any property under this Code shall not purchase or bid for the property. 561. [Rep. by Offence of Qazf (Enforcement of Hadd) Ordinance, VIII of 1979}. 561-A. Saving of inherent power of High Court : Nothing in this Code shall be deemed to limit or affect the inherent power of the High Court to make such orders as may be necessary to give effect to "any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. 562. [Rep. by Probation of Offenders Ordinance, XLV of 1960, S. 16]. 563. [Rep. by Position of Offenders Ordinances-XLV of 1960 S. 16]. 564. [Pep. by Probation of Offenders Ordinance, XLV of 1960, S. 16]. Previously convicted offenders 565. Order for notifying address of previously convicted offender : (1) When any person having been convicted- (a) by a Court in Pakistan of an offence punishable under Sectton215, Section 489-A, Section 489-B, Section 489-C, or Section 489-H of the Pakistan Penal Code. Or of .any offence punishable under Chapter XII or Chapter XVU of that Code, with- imprisonment' of either description for a term of three years or upwards, or (b) [Omitted by the Federal Laws (Revision and Declaration) Ordinance, XXVIl of 1981]. (2) If such conviction is set aside on appeal or otherwise, such order shall be come void. (3) The Provincial Government may make rules to carry out the provisions of this section relating to the notification of residence or change of or absence from residence by released convicts. (4) An order under this section may also be made by an Appellate Court or by the High Court when exercising its power of revision. (5) [Omitted by the Criminal taw Amendment Act, XXII of 1939, S. 3]. (6) Any person charged with a breach of any such rule may be tried by a Magistrate of competent jurisdiction in the district in which the place last notified by him as his place of residence is situated. SCHEDULE I Enactments Repealed ; .[Rep. by the Repealing and Amending Act, X of 1914 S. 3 and Schedule II]. SCHEDULE – II Explanatory Note - The entries in the second and seventh columns of this schedule headed respectively "Offence" and "Punishment" under the PPC are not intended as definitions of the offences and punishments described in the several corresponding sections of PPC or even abstracts of those sections, but merely as references to the subject of the sections, the number of which is given in the first column. 1 2 3 4 5 6 7 8 Sec. Offences Whether the police may arrest without warrant or not Whether a warrant or a summon shall ordinarily be issued in the first instance. Whether bailable or not whether compoundable or not Punishment under the PPC By what Court triable 109 Punishment of abetment if the Act abetted committed in consequence and where no express provision is made for its punishment. May arrest without warrant if arrest for the offence abetted may be made without warrant but not otherwise. According as a warrant or summons may issue for the offence abetted. According as the offence abetted is bailable or not. According as the offence abetted is compoundable or not. The same punishment as for the offence abetted. The Court by which the offence abetted is triable. 110 Punishment of abetment if person abetted does act with different intention from that of abettor. Ditto Ditto Ditto Ditto Ditto Ditto 111 Liability of abettor when one act abetted and different act done Ditto Ditto Ditto Ditto The same punishment as for the offence intended to be abetted. Ditto 113 Liability of abettor for an effect caused by the act abetted different from that intended by the abettor Ditto Ditto Ditto Ditto The same punishment as for the offence committed. Ditto 114 Abettor present when offence is committed Ditto Ditto Ditto Ditto Ditto Ditto 115 Abetment of offence punishable with death or imprisonment for life if offence not committed Ditto Ditto Not bailable Ditto Imprison of either description for 7 years and fine. Ditto If act causing harm be done in consequence Ditto Ditto Ditto Ditto Imprison of either description for 14 years and fine. Ditto 116 Abetment of offence punishable with imprisonment if the offence be not committed in the consequence of abetment. Ditto Ditto According as the offence abetted is bailable or not. Ditto Imprisonment extending to quarter part of the longest term, and of any description provided for the offence, or fine or both. Ditto If abettor or person abetted be a public servant whose duty it is to prevent offence Ditto Ditto Ditto Ditto Imprisonment extending to half of the longest term, and of any description provided for the offence, or fine or both. Ditto 117 Abetting commission of offence by the public or by more than ten persons Ditto Ditto Ditto Ditto Imprison of either description for 3 years or fine, or both. Ditto 118 Concealing design to-commit offence punishable with death or imprisonment for life if offence be committed if offence be not committed Ditto Ditto Not bailable Ditto Imprison of either description for 7 years and fine. Ditto 119 Public servant concealing design to commit offence which it is his duty to prevent, if the offence be committed. Ditto Ditto According as the offence abetted is bailable or not. Ditto Imprisonment extending to half of the longest term, and of any description provided for the offence, or fine or both. Ditto If Offence be punishable with death, etc. Ditto Ditto Not bailable Ditto Imprison of either description for 10 years . Ditto If offence be not committed Ditto Ditto Bailable Ditto Imprisonment extending to quarter part of the longest term, and of any description provided for the offence, or fine or both. Ditto 120 Concealing design to commit offence punishable with imprisonment if the offence be committed Ditto Ditto According as the offence concealed is bailable or not. Ditto Imprisonment extending to quarter part of the longest term, and of any description provided for the offence, or fine or both. Ditto 120 (cont.) If offence be not committed Ditto Ditto Bailable Ditto Imprisonment extending to one eighth part of the longest term, and of any description provided for the offence, or fine or both. Ditto CRIMINAL CONSPIRACY OF OFFENCES AGAINST THE STATE 121 Waging or attempting to wage war or abetting waging of war against Pakistan Shall not arrest without warrant Warrant Not bailable Not compoundable Death or imprisonment for life and fine. Court of sessions. 121- A Conspiring to commit certain offences against the State. Ditto Ditto Ditto Ditto Imprison for life or imprisonment of either description for 10 years or fine. Ditto 122 Collecting arms, etc., with intention of waging war against Pakistan Ditto Ditto Ditto Ditto Imprison for life or imprisonment of either description for 10 years or fine. Ditto 123 Concealing with intent to facilitate design to wage war Ditto Ditto Ditto Ditto Imprisonment of either description for 10 years and fine . Ditto 123- A Condemnation of the creation of the State, and advocacy of abolition of its sovereignty Ditto Ditto Ditto Ditto Rigorous imprisonment for 10 years and fine.Ditto 123- B Defiling or unauthorisedly removing the National Flag of Pakistan from Government building, etc. May arrest without warrant Ditto Ditto Ditto Imprisonment of either description for 3 years or fine or both. Magistrate of First class. 124 Assaulting President, Governor, etc., with intention to compel or restrain the exercise of any lawful power Shall not arrest without warrant Ditto Ditto Ditto Imprisonment of either description for 7 years and fine. Court of Session 124- A Sedition Ditto Ditto Ditto Ditto Imprisonment for life and fine, or imprisonment of either description for 3 years and fine or fine. Court of Session or Magistrate of first class specially empowered by the Provincial Government in that behalf, on the recommendation of High Court. 125 Waging war against any Asiatic Power in alliance with Pakistan Ditto Ditto Ditto Ditto Imprisonment for life and fine, or imprisonment of either description for 7 years and fine or fine. Ditto 126 Committing depredation on territories of Power at peace with Pakistan Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years and fine and forfeiture of certain property. Ditto 127 Receiving property taken by war or depredation mentioned in Sections 125 and 126 Ditto Ditto Ditto Ditto Ditto Ditto 128 Public servant voluntarily allowing prisoner of State or war to escape Ditto Ditto Ditto Ditto Imprisonment for life , or imprisonment of either description for 10 years and fine. Ditto 129 Public servant negligently suffering such prisoner to escape Ditto Ditto Ditto Ditto Simple imprisonment for 3 years and fine Magistrate of First class. 130 Aiding escape of, rescuing or harbouring such prisoner Ditto Ditto Ditto Ditto Imprisonment for life , or imprisonment of either description for 10 years and fine. Court of Sessions OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE 131 Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty May arrest without Warrant Ditto Ditto Ditto Imprisonment for life , or imprisonment of either description for 10 years and fine. Ditto 132 Abetment of mutiny, if mutiny Is committed in consequence thereof Ditto Ditto Ditto Ditto Death or imprisonment for life , or imprisonment of either description for 10 years and fine. Ditto 133 Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office Ditto Ditto Ditto Ditto Imprisonment of either description for 10 years and fine. Magistrate of First class. 134 Abetment of such assault, if the assault is committed Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years and fine. Court of Session 135 Abetment of description of soldier, sailor or airman Ditto Ditto Ditto Ditto Imprisonment of either description for 2 years or fine or both. Magistrate of First or second class. 136 Harbouring deserter Ditto Ditto Ditto Ditto Ditto Ditto 137 Deserter concealed on board merchant vessel through negligence of master Shall not arrest without warrant Summons Ditto Ditto Fine of 500 Rupees. Ditto 138 Abetment of act of insubordination by soldier, sailor or airman May arrest without warrant Warrant Ditto Ditto Imprisonment of either description for 6 months or fine or both. Ditto 140 Wearing garb or carrying token used by soldier, sailor or airman May arrest without warrant Summons Bailable Not compoundable Imprisonment of either description for 3 months or fine of Rs. 500, or both. Any judicial Magistrate OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY 142 Being member of unlawful assembly May arrest without warrant Summons Bailable Not compoundable Imprisonment of either description for 6 months or fine or both. Any judicial Magistrate 144 Joining unlawful assembly armed with deadly weapon Ditto Ditto Ditto Ditto Imprisonment of either description for 2 years or fine or both. Ditto 145 Joining or continuing In unlawful assembly, knowing it has been commanded to disperse Ditto Ditto Ditto Ditto Ditto Ditto 147 Rioting Ditto Ditto Ditto Ditto Ditto Ditto 148 Rioting, armed with deadly weapon Ditto Ditto Ditto Ditto Imprisonment of either description for 3 years or fine or both. Magistrate of First class. 149 Every member of unlawful assembly guilty of offence committed in prosecution of common object According as arrests may be made without warrant for the offence or not. According as warrant or summons may issue for the offence. According as offence is bailable or not Ditto Same as for the offence. The Court by which the offence is triable. 150 Hiring, or conniving at hiring, of persons to Join unlawful assembly May arrest without warrant According to the offence committed by the hired, engaged or employed Ditto Ditto The same as for a member of such assembly and for any offence committed by any member of such assembly. Ditto 151 Knowingly joining or continuing in assembly of five or more persons after it has commanded to disperse Ditto Summons Bailable Ditto Imprisonment of either description for 6 months or fine or both. Any judicial Magistrate 152 Assaulting to obstructing public servant when suppressing riot, etc. Ditto Warrant Ditto Ditto Imprisonment of either description for 3 years or fine or both. Magistrate of First class. 153 Wantonly giving provocation with intent to cause riot- if rioting be committed; if not committed Ditto Summons Bailable Not compoundable Imprisonment of either description for 1 year or fine or both. Any judicial Magistrate 153- A Promoting enmity between different groups, etc. Ditto Warrant Not bailable Ditto Imprisonment of either description for 5 years and fine. Magistrate of First class. 153- B Inducing students, etc., take part in political activity Ditto Ditto Ditto Ditto Ditto Ditto 154 Owner or occupier of land on which an unlawful assembly is held Shall not arrest without warrant Summons Bailable Ditto Fine of 1000 Rupees. Magistrate of First or second class. 155 Liability of person for whose benefit riot is committed Ditto Ditto Ditto Ditto Ditto Ditto 156 Liability of agent of owner or occupier for whose benefit riot is committed Ditto Ditto Ditto Ditto Ditto Ditto 157 Harbouring persons hired for an unlawful assembly May arrest without warrant Ditto Ditto Ditto Imprisonment of either description for 6 months or fine or both. Ditto 158 Being hired to take part in an unlawful assembly or riot or to go armed Ditto Ditto Ditto Ditto Ditto Ditto Or to go armed Ditto Warrant Ditto Ditto Imprisonment of either description for 2 years or fine or both. Ditto 160 Committing affray Shall not arrest without warrant Summons Ditto Ditto Imprisonment of either description for 1 month or fine or both. Any judicial Magistrate OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS 161 Public servant taking gratification other than legal remuneration in respect to an official act Shall not arrest without warrant Summons Bailable Not compoundable Imprisonment of either description for 3 years or fine or both. Magistrate of First class. 165- A Abetment of offences defined in Sections 161 and 165 Ditto Ditto Ditto Ditto Ditto Ditto 166 Public servant disobeying law, with intent to cause injury to any person Ditto Ditto Ditto Ditto Simple imprisonment for 1 years or fine or both. Ditto 167 Public servant framing an incorrect document with intent to cause injury Ditto Ditto Ditto Ditto Imprisonment of either description for 3 years or fine or both. Magistrate of First class. 168 Public servant unlawfully engaging in trade Ditto Ditto Ditto Ditto Simple imprisonment for 1 year or fine or both. Magistrate of First class. 169 Public servant unlawfully buying or bidding for property Ditto Ditto Ditto Ditto Simple imprisonment for 2 years or fine or both and confiscation of property, if purchased. Ditto 170 Personating a public servant May arrest without warrant Warrant Ditto Ditto Imprisonment of either description for 2 years or fine or both. Any Magistrate 171 Wearing garb or carrying token used by public servant with fraudulent intent Ditto Summons Ditto Ditto Imprisonment of either description for 3 months or fine of 200 Rupees or both. Ditto 171- E Bribery Shall not arrest without warrant Summons Bailable Not compoundable Imprisonment of either description for one years or fine or both of if treating only, fine only. Magistrate of First class. 171- F Punishment for undue influence or personation at an election Ditto Ditto Ditto Ditto Imprisonment of either description for one year or fine or both. Ditto 171- G False statement in connection with an election Ditto Ditto Ditto Ditto Fine Ditto 171- H Illegal payments in connection with an election Ditto Ditto Ditto Ditto Fine of 500 Rupees. Ditto 171-I Failure to keep election accounts Ditto Ditto Ditto Ditto Ditto Ditto 171-J Inducing any person not to participate in any election or referendum, etc. May arrest without warrant Warrant Not bailable Ditto Imprisonment of either description for 3 years or fine of 5 lacs Rupees or both. Court of Session or Magistrate of first class . OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS 172 Absconding to avoid service of summons or other proceeding from a public servant. Shall not arrest without warrant Summons Bailable Not compoundable Simple imprisonment for 1 month or fine of 500 rupees or both. Any judicial Magistrate If Summons or notice requires attendance in person, etc. in a court of Justice. Ditto Ditto Ditto Ditto Simple imprisonment for 6 months or fine of 1000 rupees or both. Ditto 173 Preventing service or the affixing of any summons or notice or the removal of it when it has been affixed, or preventing a proclamation. Ditto Ditto Ditto Ditto Simple imprisonment for 1 month or fine of 500 rupees or both. Magistrate of First or second class. If summons etc. required attendance in person etc. in a Court of justice. Ditto Ditto Ditto Ditto Simple imprisonment for 6 months or fine of 1000 rupees or both. Ditto 174 Not obeying a legal order to attend at a certain place in person or by agent or departing there from without authority. Ditto Ditto Ditto Ditto Simple imprisonment for 1 month or fine of 500 rupees or both. Any judicial Magistrate If the order requires attendance in person, etc. in a court of Justice. Ditto Ditto Ditto Ditto Simple imprisonment for 6 months or fine of 1000 rupees or both. Ditto If it be a proclamation issued under Section 87 of this Code. Ditto Ditto Ditto Ditto Imprisonment for 3 years . Ditto 175 Intentionally omitting to produce document to public servant by person legally bound to produce it or deliver such document Ditto Ditto Ditto Ditto Simple imprisonment for 1 month or fine of 500 rupees or both. The Court in which the offence is committed subject to the provisions of Chapter XXXV, or if not committed in a court, a magistrate of First or second Class 176 If the document is required to be produced in or delivered to a Court of justice. Ditto Ditto Ditto Ditto Simple imprisonment for 6 months or fine of 1000 rupees or both. Ditto Intentionally omitting to give notice or information to a public servant by a person legally bound to give such notice or information. Ditto Ditto Ditto Ditto Simple imprisonment for 6 months or fine of 1000 rupees or both. Magistrate of First or second class. If the notice or information required respects the commission of an offence etc. Ditto Ditto Ditto Ditto Simple imprisonment for 6 months or fine of 1000 rupees or both. Ditto If the notice or information required by an order passed under subsection (1) of Section 565 of this Code. Ditto Ditto Ditto Ditto Imprisonment of either description for 6 months or fine of 1000 rupees or both. Ditto 177 Knowingly furnishing false information to Ditto Ditto Ditto Ditto Ditto Ditto public servant. If the information required respects the commission of an offence. Ditto Ditto Ditto Ditto Imprisonment of either description for 2 years or fine, or both. Ditto 178 Refusing oath or affirmation when duly required to take oath by a public servant. Ditto Ditto Ditto Ditto Simple imprisonment for 6 months or fine of 1000 rupees or both. The Court in which the offence is committed subject to the provisions of Chapter XXXV, or if not committed in a court, a magistrate of First or second Class 179 Being legally bound to state truth and refusing to answer questions. Ditto Ditto Ditto Ditto Ditto Ditto 180 Refusing to sign statement made to a public servant when legally required to do so. Ditto Ditto Ditto Ditto Simple imprisonment for 3 months or fine of 500 rupees or both. Ditto 181 Knowingly statement to a public servant on oath as true that which is false. Warrant Imprisonment of either description for 3 years and fine. Magistrate of First or second class. 182 Giving false information to a public servant in order to cause him to use his lawful power to the injury or annoyance of any person. Ditto Summons Ditto Ditto Imprisonment of either description for 6 months and fine of 1000 rupees, or both.. Magistrate of First or second class. 183 Resistance to the taking of property by the lawful authority of a public servant Ditto Ditto Ditto Ditto Ditto Ditto 184 Obstructing sale of property offered for sale by authority of public servant Ditto Ditto Ditto Ditto Imprisonment of either description for 1 month and fine of 500 rupees, or both.. Ditto 185 Bidding by a person under a legal incapacity to purchase it for property at a lawfully authorised sale or bidding without intending to perform the obligations incurred thereby. Ditto Ditto Ditto Ditto Imprisonment of either description for 1 month and fine of 200 rupees, or both.. Ditto 186 Obstructing public servant in discharge of public functions Ditto Ditto Ditto Ditto Simple imprisonment for 3 months or fine of 500 rupees or both. Ditto 187 Omission to assist public servant when bound by law to give assistance Ditto Ditto Ditto Ditto Imprisonment of either description for 1 month and fine of 200 rupees, or both.. Ditto Wilfully neglecting to aid a public servant who demands aid in the execution of process, the prevention of offence, etc. Ditto Ditto Ditto Ditto Simple imprisonment for 6 months or fine of 500 rupees or both. Ditto 188 Disobedience to order lawfully promulgated by public servant if such disobedience causes obstruction, annoyance or injury to persons lawfully employed. Ditto Ditto Not bailable Ditto Simple imprisonment for 1 month or fine of 200 rupees or both. Ditto If such disobedience caused danger to human life, health or safety etc. Ditto Ditto Ditto Ditto Imprisonment of either description for 6 month and fine of 1000 rupees, or both. Ditto 189 Threatening a public servant with injury to him or one in whom he is interested to induce him to do any official Act Ditto Ditto Ditto Ditto Imprisonment of either description for 2 years or fine , or both. Ditto 190 Threatening any person to induce him to refrain from making a legal application for protection from injury. Ditto Ditto Ditto Ditto Imprisonment of either description for 1 year or fine , or both. Ditto OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE 193 Giving or fabricating false evidence in a judicial process. Shall not arrest without warrant Warrant Bailable Not compoundable Imprisonment of either description for 7 years and fine. Court of Session or Magistrate of first class . 194 Giving or fabricating false evidence with intent to procure conviction of capital offence Ditto Ditto Not bailable Ditto Imprisonment for life or rigorous imprisonment for 10 years and fine.Court of Sessions If innocent person be thereby convicted and executed Ditto Ditto Ditto Ditto Death or as above Ditto 195 Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or for a term of seven years or upwards Ditto Ditto Ditto Ditto The same as for the offence. Ditto 200 Using as true such declaration knowing it to be false Ditto Ditto Ditto Ditto Ditto Ditto 201 Causing disappearance of evidence of an offender, committed or giving false information touching it to screen offender, if a capital offence. Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years and fine. Court of Session If punishable with imprisonment for life or for 10 years Ditto Ditto Ditto Ditto Imprisonment of either description for 3 years and fine. Magistrate of first class. If punishable with less than ten years imprisonment Ditto Ditto Ditto Ditto Imprisonment extending to quarter of the longest term, and of any description provided for the offence, or fine or both. Magistrate of first class or the court by which the offence is triable. 202 Intentional omission to give information of offence by person bound to inform Ditto Summons Bailable Ditto Imprisonment for 6 months or fine, or both. Magistrate of First or second class. 203 Giving false information respecting an offence committed Ditto Warrant Ditto Ditto Imprisonment for 2 years or fine, or both. Ditto 204 Secreting of destroying any document to prevent its production as evidence Ditto Ditto Ditto Ditto Ditto Magistrate of First. 205 False personation for purpose of act or proceeding in suit or criminal prosecution or for becoming bail or authority. Ditto Ditto Ditto Ditto Imprisonment of either description for 3 years or fine, or both. Ditto 206 Fraudulent removal or concealment of property to prevent its seizure as forfeited or in satisfaction of fine under sentence or in execution of a decree. Ditto Ditto Ditto Ditto Imprisonment of either description for 2 years or fine, or both. Magistrate of First or second class. 207 Claiming property without right or practicing deception touching any right to it to prevent its being taken as a forfeiture or in satisfaction of a fine under sentence or in execution of a decree. Ditto Ditto Ditto Ditto Ditto Ditto 208 Fraudulently suffering decree to pass for a sum not due or suffering decree to be executed after it has been satisfied. Ditto Ditto Ditto Ditto Ditto Magistrate of first class. 209 False claim in a Court of Justice Ditto Ditto Ditto Ditto Imprisonment of either description for 2 years and fine. Ditto 210 Fraudulently obtaining decree to pass for sum not due or causing decree to be executed after it has been satisfied. Ditto Ditto Ditto Ditto Imprisonment of either description for 2 years or fine, or both. Ditto 211 False charge of offence made with intent to injure Ditto Ditto Ditto Ditto Ditto Ditto If offence charged be punishable with imprisonment 7 years and upward. Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years and fine. Court of Session or Magistrate of first class . If offence charged be capital or punishable with imprisonment for life. Ditto Ditto Ditto Ditto Ditto Court of Session 212 Harbouring offender if the offence be capital. May arrest without warrant Ditto Ditto Ditto Imprisonment of either description for 5 years and fine. Court of Session or Magistrate of first class . 212 (Cont d.) If punishable with imprisonment for life, or with imprisonment for 10 years. Ditto Ditto Ditto Ditto Imprisonment of either description for 3 years and fine. Magistrate of first class . If punishable with imprisonment for one year and not for 10 years Ditto Ditto Ditto Ditto Imprisonment extending to quarter of the longest term, and of any description provided for the offence, or fine or both. Magistrate of first class or the court by which the offence is triable. 213 Taking gift, etc., to screen an offender from punishment if the offence be capital Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years and fine. Court of Session if punishable with imprisonment for life, or with imprisonment for 10 years Ditto Ditto Ditto Ditto Imprisonment of either description for 3 years and fine. Magistrate of first Class. If with imprisonment for less than10 years Ditto Ditto Ditto Ditto Imprisonment extending to quarter of the longest term, and of any description provided for the offence, or fine or both. Magistrate of first Class or the court by which the offence is triable. 214 Offering gift or restoration of property in consideration of screening offender if the offence be capital. Shall not arrest without warrant Ditto Ditto Ditto Imprisonment of either description for 7 years and fine. Court of Session 214 (Cont d.) if punishable with imprisonment for life, or with imprisonment for 10 years Ditto Ditto Ditto Ditto Imprisonment of either description for 3 years and fine. Magistrate of first Class. If with imprisonment for less than10 years Ditto Ditto Ditto Ditto Imprisonment extending to quarter of the longest term, and of any description provided for the offence, or fine or both. Magistrate of first Class or the court by which the offence is triable. 215 Taking gift to help to recover property of which a person has been deprived by an offence without causing apprehension of the offender. May arrest without warrant Ditto Ditto Ditto Imprisonment of either description for 2 years or fine, or both. Magistrate of first Class. 216 Harbouring offender who has escaped from custody or whose apprehension has been ordered, if the offence be capital. Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years and fine. Court of Session or Magistrate of first Class. If punishable with imprisonment for life, or with imprisonment for 10 years Ditto Ditto Ditto Ditto Imprisonment of either description for 3 years and fine. Magistrate of first Class. If with imprisonment for 1 year and not for 10 years Ditto Ditto Ditto Ditto Imprisonment extending to quarter of the longest term, and of any description provided for the offence, or fine or both. Magistrate of first Class or the court by which the offence is triable. 216- A Harbouring robbers or dacoits Ditto Ditto Ditto Ditto Rigorous imprisonment for 7 years and fine. Court of Session or Magistrate of first Class. 217 Public servant disobeying direction of law with intent to save persons from punishment or property from forfeiture Shall not arrest without warrant Summons Ditto Ditto Imprisonment of either description for 2 years or fine, or both. Magistrate of First or second class. 218 Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture Ditto Warrant Ditto Ditto Imprisonment of either description for 3 years or fine, or both. Magistrate of first Class. 219 Public servant in judicial proceeding corruptly making and announcing an order, report, verdict or decision which he know to be contrary to taw Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years or fine, or both. Court of Sessions 220 Commitment for trial or confinement by person having authority who knows that he is acting contrary to law Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years or fine, or both. Court of Sessions 221 Intentional omission to apprehend on the part of public servant bound by law to apprehend an offender if the offence be capital. Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years or fine, or both. Ditto If punishable with imprisonment for life, or with imprisonment for 10 years Ditto Ditto Ditto Ditto Imprisonment of either description for 3 years or fine, or both. Magistrate of First Class. If with imprisonment for less than10 years Ditto Ditto Ditto Ditto Imprisonment of either description for 2 years or fine, or both. Magistrate of First or second Class. 222 Intentional omission to apprehend on the part of public servant bound by law to apprehend person under sentence of a Court of Justice , if under sentence of death. Ditto Ditto Not bailable Ditto Imprisonment for life or imprisonment of either description for 14 years with or without fine. Court of Sessions 222 (Cont d.) If under sentence of imprisonment for life, or imprisonment for 10 years or upward. Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years with or without fine. Ditto If with imprisonment for less than10 years or lawfully committed to custody. Ditto Ditto Bailable Ditto Imprisonment of either description for 7 years with or without fine. Magistrate of First Class. 223 Escape from confinement or custody negligently suffered by public servant Ditto Summons Ditto Ditto Simple imprisonment for 2 years or fine, or both. Magistrate of First or second Class. 224 Resistance or obstruction by a person to his lawful apprehension May arrest without warrant Warrant Ditto Ditto Imprisonment of either description for 2 years or fine, or both. Ditto 225 Resistance or obstruction to lawful apprehension of another person or rescuing him from lawful custody Ditto Ditto Ditto Ditto Imprisonment of either description for 2 years or fine, or both. Magistrate of First or second Class. If charged with an offence punishable with imprisonment for life, or with imprisonment for 10 years Ditto Ditto Not bailable Ditto Imprisonment of either description for 3 years or fine, or both. Magistrate of First Class. If charged with a capital offence. Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years or fine, or both. Court of Sessions If charged with an offence punishable with imprisonment for life, or with imprisonment for 10 years or upward. Ditto Ditto Ditto Ditto Ditto Court of Sessions 225 (Cont d.) If under sentence of death. Ditto Ditto Ditto Ditto Imprisonment for life or imprisonment of either description for 10 years and fine. Court of Sessions 225- A Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for Ditto In case of intentional omission of sufferance Shall not arrest without warrant Ditto Bailable Ditto Imprisonment of either description for 3 years or fine, or both. Magistrate of First Class. In case of negligent omission of sufferance Ditto Summons Ditto Ditto Imprisonment of either description for 2 years or fine, or both. Magistrate of First or second Class. 225- B Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for May arrest without warrant Warrant Ditto Ditto Imprisonment of either description for 6 months or fine, or both. Ditto 227 Violation of condition of remission of punishment Shall not arrest without warrant Summons Not bailable Ditto Punishment of original sentence or if the part of the punishment has been undergone, the residue. The Court by which the original offence was triable. 228 Intentional insult or interruption to public servant sitting in any stage of a judicial proceeding. Ditto Ditto Bailable Ditto Simple imprisonment for 6 months or fine of 1000 rupees, or both. The Court in which the offence is committed subject to the provisions of Chapter XXXV. 229 Personation of a juror or assessor Ditto Ditto Ditto Ditto Imprisonment of either description for 2 years or fine, or both. Magistrate of First Class. OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS 231 Counterfeiting or performing any part of the process of counterfeiting coin. May arrest without warrant Warrant Not bailable Ditto Imprisonment of either description for 7 years and fine. Court of Sessions 232 Counterfeiting or performing any part of the process of counterfeiting Pakistani coin. Ditto Ditto Ditto Ditto Imprisonment for life or imprisonment of either description for 10 years and fine. Court of Sessions 233 Making buying or selling instrument for the purpose of counterfeiting coin Ditto Ditto Ditto Ditto Imprisonment of either description for 3 years and fine. Magistrate of First Class. 234 Making buying or selling instrument for the purpose of counterfeiting Pakistani coin Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years and fine. Court of Sessions 235 Possession of instrument or material for the purpose of using the same for counterfeiting coin Ditto Ditto Ditto Ditto Imprisonment of either description for 3 years and fine. Magistrate of First Class. If Pakistani coin Ditto Ditto Ditto Ditto Imprisonment of either description for 10 years and fine. Court of Sessions 236 Abetting in Pakistan the counterfeiting out of Pakistan of coin Ditto Ditto Ditto Ditto The punishment provided for abetting the counterfeiting of such coin within Pakistan Ditto 237 Import or export of counterfeit coin knowing the same to be counterfeit. Ditto Ditto Ditto Ditto Imprisonment of either description for 3 years and fine. Magistrate of First Class. 238 Import or export of counterfeits of Pakistani coin knowing the same to be counterfeit. Ditto Ditto Ditto Ditto Imprisonment for life or imprisonment of either description for 10 years and fine. Court of Sessions 239 Having any counterfeit coin known to be such when it came into possession and delivering etc. the same to any person. Ditto Ditto Ditto Ditto Imprisonment of either description for 5 years and fine. Court of Session or Magistrate of first Class. 240 The same with respect to Pakistani coin. Ditto Ditto Ditto Ditto Imprisonment of either description for 10 years and fine. Ditto 241 Knowing delivering to another any counterfeit coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit Ditto Ditto Ditto Ditto Imprisonment of either description for 2 years or fine of ten times the value of the coin counterfeited or both. Magistrate of First or second Class. 242 Possession of counterfeit coin by person who knew It to be counterfeit when he became possessed thereof Ditto Ditto Ditto Ditto Imprisonment of either description for 3 years and fine. Magistrate of First Class. 243 Possession of Pakistan coin by person who knew it to be counterfeit when he became possessed thereof Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years and fine. Court of Session or Magistrate of first Class. 244 Person employed in mint causing coin to be of different weight or composition from that fixed by law Ditto Ditto Ditto Ditto Ditto Court of Session 245 Unlawfully taking coining instrument from mint Ditto Ditto Ditto Ditto Ditto 246 Fraudulently or dishonestly diminishing weight or altering composition of coin Ditto Ditto Ditto Ditto Imprisonment of either description for 3 years and fine. Magistrate of First Class. 247 Fraudulently or dishonestly diminishing weight or altering composition of Pakistan coin Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years and fine. Court of Session or Magistrate of first Class. 248 Altering appearance of coin with intent that ft shall pass as coin of different description Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years and fine. 249 Altering appearance of Pakistan coin with intent that it shall pass as coin of different description Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years and fine. Court of Session or Magistrate of first Class. 250 Delivery to another of coin, possessed with the knowledge that it is altered. Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years and fine. Ditto 251 Delivery of Pakistan coin possessed with knowledge that it is altered Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years and fine. Ditto 252 Possession of altered coin by person who knew it to be altered when he became possessed thereof Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years and fine. Magistrate of first Class. 253 Possession of Pakistan coin by person who knew it to be altered when he became possessed thereof Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years and fine. Court of Session or Magistrate of first Class. 254 Delivery to another of coin as genuine which, when first possessed, the deliverer did not know to be altered. Ditto Ditto Ditto Ditto Imprisonment of either description for 2 years and fine of ten times of the value of coin. Magistrate of First or second Class. 255 Counterfeiting Government stamp Ditto Ditto Ditto Ditto Imprisonment for life or imprisonment of either description for 10 years and fine. Court of Sessions 256 Having possession of instrument or material for the purpose of counterfeiting Government stamp. Ditto Ditto Bailable Ditto Imprisonment of either description for 7 years and fine. Ditto 257 Making, buying or selling instrument for the purpose of counterfeiting Government stamp Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years and fine. Ditto 258 Sale of counterfeit Government stamp Ditto Ditto Ditto Ditto Ditto Ditto 259 Having possession of counterfeit Government stamp Ditto Ditto Ditto Ditto Ditto Court of Session or Magistrate of first Class. 260 Using as genuine a Government stamp known to be counterfeit Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years or fine or both. Ditto 261 Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government Ditto Ditto Ditto Ditto Imprisonment of either description for 3 years or fine or both. Magistrate of first Class. 262 Using Government stamp known to have been before used Ditto Ditto Ditto Ditto Imprisonment of either description for 2 years or fine or both. Magistrate of First or second Class. 263 Erasure of mark denoting that has been used Ditto Ditto Ditto Ditto Imprisonment of either description for 3 years or fine or both. Magistrate of First . 263- A Fictitious stamp Ditto Ditto Ditto Ditto Fine of 200 rupees. Magistrate of First Class. OF OFFENCES RELATING TO WEIGHTS AND MEASURES 264 Fraudulent use of false instrument for weighing Shall not arrest without warrant Summons Ditto Ditto Imprisonment of either description for 1years or fine or both. Magistrate of First or second Class. 265 Fraudulent use of false weight or measure Ditto Ditto Ditto Ditto Ditto Ditto 266 Being in possession of false weight or measures for fraudulent use. Ditto Ditto Ditto Ditto Ditto Ditto 267 Making or selling false weight or measures for fraudulent use. Ditto Ditto Ditto Ditto Ditto Ditto 269 Negligently doing any act knowingly likely to spread infection of disease dangerous to life May arrest without warrant Ditto Ditto Ditto Imprisonment of either description for 6 months or fine or both. Ditto 270 Malignantly doing any act knowingly likely to spread infection of disease dangerous to life Ditto Ditto Ditto Ditto Imprisonment of either description for 2 years or fine or both. Ditto 271 Knowingly disobeying any quarantine rule Shall not arrest without warrant Ditto Ditto Ditto Imprisonment of either description for 6 months or fine or both. Ditto 272 Adulteration of food or drink intended for sale so as to make the same noxious Ditto Ditto Ditto Ditto Imprisonment of either description for 6 months or fine of 1000 rupees or both. Ditto 273 Selling any food or drink as food and drink knowing the same to be noxious. Ditto Ditto Ditto Ditto Ditto Ditto 274 Adulteration any drug or medical preparation intended for sale so a to lessen its efficacy or to change its operation or to make it noxious Ditto Ditto Ditto Ditto Ditto Ditto 275 Offering for sale or issuing from dispensary any drug or medical preparation known to have been adulterated. Ditto Ditto Ditto Ditto Ditto Ditto 276 Knowing, selling or issuing from dispensary any drug or medical preparations as a different drug or medical preparations Ditto Ditto Ditto Ditto Ditto Ditto 277 Defiling the water of a public spring or reservoir. May arrest without warrant Ditto Ditto Ditto Ditto Ditto 278 Making atmosphere noxious to health Shall not arrest without warrant Ditto Ditto Ditto Ditto Ditto 279 Driving or riding on a public way so rashly or negligently as to endanger human life etc. May arrest without warrant Ditto Ditto Ditto Imprisonment of either description for 2 years or fine of 1000 rupees or both. Magistrate of First or second Class. 280 Navigating any vessel so rashly or negligently as to endanger human life etc. Ditto Ditto Ditto Ditto Ditto Ditto 281 Exhibition of false light, mark or buoy Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years or fine or both. Court of Sessions 282 Conveying for hire any person by water in a vessel in such a state or so loaded as to endanger human Ditto Ditto Ditto Ditto Imprisonment of either description for 6 months or fine of 1000 rupees or both. Magistrate of First or second Class. life. 283 Causing danger or obstruction or injury in any public way or line of navigation Ditto Ditto Ditto Ditto Fine of 200 rupees. Ditto 284 Dealing with any poisonous substance so as to endanger human life, etc. Shall not arrest without warrant Ditto Ditto Ditto Imprisonment of either description for 6 months or fine of 1000 rupees or both. Ditto 285 Dealing with fire or any combustible matter so as to endanger human life, etc. May arrest without warrant Ditto Ditto Ditto Ditto Any judicial Magistrate 286 So dealing with any explosive substance. Ditto Ditto Ditto Ditto Ditto Ditto 287 So dealing with any machinery. Shall not arrest without warrant Ditto Ditto Ditto Ditto Magistrate of First or second Class. 288 A person omitting to guard against probable danger to human life by the fall of any building over which he ha a right entitling him to pull it down or repair it. Ditto Ditto Ditto Ditto Ditto Ditto 289 A person omitting to take any order with animal in his possessing so as to guard against p danger to human life or of grievous hurt from such animal. May arrest without warrant Ditto Ditto Ditto Ditto Any judicial Magistrate 290 Committing a public nuisance. Shall not arrest without warrant Ditto Ditto Ditto Fine of 200 rupees. Ditto 291 Continuance of nuisance after injunction to discontinue. May arrest without warrant Ditto Ditto Ditto Simple imprisonment 6 months or fine or both. Magistrate of First or second Class. 292 Sale, etc., of obscene books, etc. Ditto Warrant Ditto Ditto Imprisonment of either description for 3 months or fine or both. Magistrate of First Class. 293 Sale, etc., of obscene objects to young person. Ditto Ditto Ditto Ditto Imprisonment of either description for 6 months or fine or both. Ditto 294 Obscene acts and songs Shall not arrest without warrant Ditto Ditto Ditto Imprisonment of either description for 3 months or fine or both. Any judicial Magistrate 294- A . Keeping lottery office Ditto Summons Ditto Ditto Imprisonment of either description for 6 months or fine or both. Ditto Publishing products in relation to lotteries. Ditto Ditto Ditto Ditto Fine of 1000 rupees. Ditto 294- B Offering of prize in connection with trade, etc. Ditto Ditto Ditto Ditto Imprisonment of either description for 6 months or fine or both. Any judicial Magistrate OFFENCES RELATING TO RELIGION 295 Destroying, damaging or defiling place of worship, or sacred object with intent to insult the religion of any class May arrest without warrant Ditto Bailable Ditto Imprisonment of either description for 2 years or fine or both. Magistrate of First or second Class. 295-A Malicious insulting the religion or religious feelings of any class Shall not arrest without warrant Warrant Not bailable Ditto Imprisonment of either description for 10 years or fine or both. Magistrate of First or second Class. 295-B Defiling, etc., of Holy Qur'an May arrest without warrant Ditto Ditto Ditto Imprisonment for life Court of Session. 295-C Using derogatory remarks, etc., in respect of the Holy Prophet May arrest without warrant Ditto Ditto Ditto Imprisonment for life and fine. Court of Session which shall be presided over by a Muslim. 296 Causing disturbing to an assembly engaged in religious worship. Ditto Summons Bailable Ditto Imprisonment of either description for 1 year or fine or both. Magistrate of First or second Class. 297 Trespassing in place of worship or sculpture, disturbing funereal with intention to wound the feelings or to insult the religion of any person or offering indignity to human corpse, on burial places, etc. Ditto Ditto Ditto Ditto Ditto Ditto 298 Uttering any word or making any sound in hearing or making any gesture or placing any object in sight of any person with intention to wound his religious feelings Shall not arrest without warrant Ditto Ditto Compoundable Ditto Ditto 298-A Use of derogatory remarks, etc. in respect of holy personages May arrest without warrant Ditto Ditto Not compoundable Imprisonment of either description for 3 years or fine or both. Ditto 298-B Misuse of epithets, descriptions and titles, etc. reserved for certain holy personages or places Ditto Ditto Not bailable Ditto Imprisonment of either description for 2 years and fine. Ditto 298-C Person of Quadiani group, etc., calling himself a Muslim or preaching or Ditto Ditto Ditto Ditto Ditto Ditto propagating his faith 302 Qatl-i-amd Ditto Warrant Ditto Ditto Qisa or death, imprisonment for life or imprisonment up to 25 years. Court of Sessions 303 Qatl committed under ikrah-i-tam. Ditto Ditto Ditto Ditto Imprisonment of either description for 25 years but not less than 10 years. Ditto Causing of ikrah- i-tam for commission of qatl. Ditto Ditto Ditto Ditto Punishment provided for the kind of qatl committed. Ditto Qatl committed under ikrah-i- naqis. Ditto Ditto Ditto Ditto Ditto Ditto Causing of ikrah- i-naqis for commission of qatl Ditto Ditto Ditto Ditto Imprisonment of either description for 10 years. Ditto 306 Qatl-i-amd not liable to qisas Ditto Ditto Ditto Ditto Diyat and imprisonment of either description for 14 years. Ditto 311 Qatl-I- amd when waived or compounding Ditto Ditto Ditto Ditto Imprisonment of either description for 10 years. Ditto 312 Qatl-i-amd after afterr compounding of qisas, etc Ditto Ditto Ditto Ditto Qisa or diyat Ditto 316 Qatl shibh-i-amd Ditto Ditto Ditto Ditto Diyat and imprisonment of either description for 14 years. Ditto 319 Qatl-i-khata Ditto Ditto Bailable Ditto Diyat and imprisonment of either description for 5 years. Ditto 320 Punishment for qatl-i-khata by rash or negligent driving Ditto Ditto Ditto Ditto Diyat and imprisonment of either description for 10 years. Ditto 322 Oatl-bis-sabab Ditto Ditto Not bailable Ditto Diyat Ditto 324 Attempt to commit qatl-i-amd Ditto Ditto Ditto Ditto Imprisonment of either description for 10 years and fine, qisas or arsh in case of hurt and imprisonment up to 7 years. Ditto 325 Attempt to commit suicide Ditto Ditto Bailable Ditto Simple imprisonment 1 year or fine or both. Magistrate of First or second Class. 327 Being a thug Ditto Ditto Not bailable Ditto Imprisonment for life and fine. Court of Sessions 328 Exposure and abandonment of child under twelve years by parent or person having care of it with intention oh wholly abandoning it. Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years or fine or both. Court of Session or Magistrate of first Class. 329 Concealment of birth by secret disposal of dead body Ditto Ditto Bailable Ditto Imprisonment of either description for 2 years or fine or both. Magistrate of first Class. 334 Itiaf-i-udw Ditto Ditto Not bailable Compoundable Qisa or arsh and imprisonment of either description for 10 years . Court of Sessions 336 Itlaf-i-salahiyyat-i- udw Ditto Ditto Ditto Ditto Qisa or arsh and imprisonment of either description for 10 years . Ditto 337-A I. Shajjah-I- Khafifa Shall not arrest without warrant Summons Bailable Ditto Qisa or arsh and imprisonment of either description for 10 years . Magistrate of first Class. 337-A (Contd. ) ii. Shajjah-i- mudihah May arrest without warrant Warrant Not bailable Ditto Qisa or arsh and imprisonment of either description for 5 years . Court of Session or Magistrate of first Class. iii. Shajjah-I- hashimah Ditto Ditto Ditto Ditto Arsh and imprisonment of either description for 7 years . Ditto iv. Shajjah-I- mudihahnaqqliah Ditto Ditto Ditto Ditto Arsh and imprisonment of either description for 10 years . Ditto v. Shajjah-I- ammah Ditto Ditto Ditto Ditto Arsh and imprisonment of either description for 10 years . Ditto vi. Shajjah-I- damighah Ditto Ditto Ditto Ditto Qisa or arsh and imprisonment of either description for 14 years . Ditto 337-D Jaifah Ditto Ditto Ditto Ditto Arsh, imprisonment of either description for 10 years and punishment provided for Itlaf- I-Udw and Itlaf-I- Salahiyyat-I-udw if caused. Ditto 337-F I. Damiyah Shall not arrest without warrant Summons Bailable Ditto Daman, and imprisonment of either description for 1 year . Magistrate of first Class. ii. Badiah May arrest without warrant Warrant Not bailable Ditto Daman, and imprisonment of either description for 3 years . Ditto 337-F (Cont.) iii. Mutalahimah Ditto Ditto Ditto Ditto Daman, and imprisonment of either description for 3 years . Ditto iv. Mudibah Ditto Ditto Ditto Ditto Daman, and imprisonment of either description for 5 years . Court of Session or Magistrate of first Class. v. Hashimah Ditto Ditto Ditto Ditto Daman, and imprisonment of either description for 5 years . Ditto vi. Munaqqilah Ditto Ditto Ditto Ditto Daman, and imprisonment of either description for 7 years . Ditto 337-G Hurt by rash or negligent driving Ditto Ditto Bailable Ditto Arsh, or daman, and imprisonment of either description for 5 years . Magistrate of first Class. 337-H I. Hurt by rash or negligent act Ditto Ditto Ditto Ditto Arsh, or daman, and imprisonment of either description for 3 years . Magistrate of First or second Class. ii. A rash or negligent act to endanger human life or personal safety of others. Shall not arrest without warrant Summons Ditto Ditto Imprisonment of either description for 3 month, or with fine, or with both . Ditto 337-I Hurt by mistake (khata) Ditto Ditto Ditto Ditto Arsh or daman for the kind of hurt caused. Magistrate of first Class. 337-J Hurt by means of a poison May arrest without warrant Warrant Not bailable Ditto Arsh or daman provided for the kind of hurt caused and imprisonment of either description for 10 years. Court of Sessions 337-K Hurt for extorting confession, etc. Ditto Ditto Ditto Ditto Arsh or daman provided for the kind of hurt caused and imprisonment of either description for 10 years. Ditto 337-L (a) Hurt other than specified in sections here-to- before Ditto Ditto Ditto Ditto Daman, and imprisonment of either description for 7 years . Court of Session or Magistrate of first Class. (b) Other hurts not covered here- to-before Shall not arrest without warrant Summons Bailable Ditto Daman, and imprisonment of either description for 2 years . Magistrate of first Class. 337-M Hurt not liable to qisas Ditto Ditto Ditto Ditto Arsh, tazir and punishment for the kind of hurt caused. Ditto 337-N Hurts where qisas can not be enforced. May arrest without warrant Warrant Not bailable Ditto Arsh, tazir and punishment for the kind of hurt caused. Court of Session or Magistrate of first Class. 338-A (a) Isqat-i-Hamal with consent. Ditto Ditto Ditto Ditto Imprisonment of either description for 3 years and punishment provided for the kind of hurt or death if caused. Ditto (b) Isqat-i-Hamal with out consent. Ditto Ditto Ditto Ditto Imprisonment of either description for 3 to 10 years and punishment provided for the kind of hurt or death if caused. Ditto 338-C lsqat-i-janin Ditto Ditto Ditto Ditto Diyat, tazir and imprisonment of either description for 7 years and punishment provided for the kind of hurt or death if caused. Court of Session or Magistrate of first Class. OF WRONGFUL RESTRAINT & WRONGFUL CONFINEMENT 341 Wrongfully restraining any person Ditto Summons Bailable Ditto Simple imprisonment for 1 month or fine of 500 rupees or both. Any judicial Magistrate 342 Wrongfully confining any person Ditto Ditto Ditto Ditto Imprisonment of either description for 1 year, or with fine of 1000 rupees, or with both . Magistrate of First or second Class. 343 Wrongfully confining for three or more days Ditto Ditto Ditto Compoundable when permission is given by the court before which a prosecution is pending. Imprisonment of either description for 3 years, or with fine, or with both . Ditto 344 Wrongfully confining for ten or more days Ditto Ditto Ditto Not compoundable Imprisonment of either description for 3 years, and fine . Magistrate of First or second Class. 345 Keeping a person in wrongful confinement knowing that a writ, has been issued for his liberation Shall not arrest without warrant Ditto Ditto Ditto Imprisonment of either description for 2 years, in addition to imprisonment under any other section. Ditto 346 Wrongful confinement in secret May arrest without warrant Ditto Ditto Compoundable when permission is given by the court before which a prosecution is pending. Ditto Ditto 347 Wrongful confinement for the purpose of extorting property or constraining to an illegal act. Ditto Ditto Ditto Compoundable Imprisonment of either description for 3 years, and fine . Magistrate of First or second Class. 348 Wrongful confinement for the purpose of extorting confession or information or compelling for restoration of property Ditto Ditto Ditto Ditto Ditto Magistrate of First Class. Of Criminal Force and Assault 352 Assault or use of criminal force otherwise than on grave provocation Shall not arrest without warrant Ditto Ditto Ditto Imprisonment of either description for 3 months, and fine of 500 rupees or both . Any judicial Magistrate 353 Assault or use of criminal force to deter public servant from discharge of his duty. May arrest without warrant Warrant Ditto Not compoundable Imprisonment of either description for 2 years, or fine or both . Magistrate of First or second Class. 354 Assault or use of criminal force to woman with intent to outrage her modesty. Ditto Ditto Ditto Ditto Ditto Ditto 354- A Assault or use of criminal force to woman and stripping her of her Ditto Ditto Not bailable Ditto Death or imprisonment for life, and fine Court of Session clothes 355 Assault or criminal force with intent to dishonour a person, otherwise than on grave and sudden provocation. Shall not arrest without warrant Summons Bailable Compoundable Imprisonment of either description for 2 years, or fine or both . Magistrate of First or second Class. 356 Assault or criminal force in attempt to commit theft of property worn or carried by a person. May arrest without warrant Warrant Not bailable Not compoundable Ditto Any judicial Magistrate 357 Assault or use of criminal force in attempting wrongfully to confine person. Ditto Ditto Bailable Compoundable when permission is given by the court before which a prosecution is pending. Imprisonment of either description for 1 year, or fine of 1000 rupees or both . Ditto 358 Assault or use of criminal force on grave and sudden provocation. Shall not arrest without warrant Summons Ditto Compoundable Simple imprisonment for 1 month or fine of 200 rupees or both. Ditto Of Kidnapping, Abduction, Slavery and Forced Labour 363 Kidnapping May arrest without warrant Warrant Bailable Not compoundable Imprisonment of either description for 7 year, or fine. Court of Session or Magistrate of first Class. 364 Kidnapping or abducting in order to murder Ditto Ditto Not bailable Ditto Imprisonment for life or rigorous imprisonment for 10 years and fine. Court of Session 364- A Kidnapping or abducting a person under the age of fourteen Ditto Ditto Ditto Ditto Death or imprisonment for life or rigorous imprisonment for a term which may extend to 14 years and shall not be less than 7 years. Ditto 365 Kidnapping or abducting with intent secretly and wrongfully to confine person Ditto Ditto Ditto Ditto Imprisonment of either description for 7 year, or fine. Court of Session or Magistrate of first Class. 365- A Kidnapping or abducting for extorting property, valuable security, etc or compelling any person………. Ditto Ditto Ditto Ditto Death or imprisonment for life and forfeiture of property. Court of Session 366- A Procuration of minor girl Ditto Ditto Ditto Ditto Ditto Ditto 366- B Importation of girl from foreign country Ditto Ditto Ditto Ditto Ditto Ditto 367 Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc. Ditto Ditto Ditto Ditto Ditto Ditto 368 Concealing or keeping in confinement, kidnapped or abducted person Ditto Ditto Ditto Ditto Punishment for kidnapping or abduction. Court of Session or Magistrate of first Class. 369 Kidnapping or abducting child with intent to take property from the person of this child. Ditto Ditto Ditto Ditto Imprisonment of either description for 7 year, or fine. Ditto 370 Buying or disposing of any person as a slave Shall not arrest without warrant Ditto Bailable Ditto Ditto 371 Habitual dealing in slaves May arrest without warrant Ditto Not bailable Ditto Imprisonment for life or imprisonment of either description for 10 year, or fine. Ditto 372 Selling or letting to hire a minor for purposes of prostitution, etc. Ditto Warrant Not bailable Not compoundable Imprisonment for life or imprisonment of either description for 10 year, or fine. Court of Session or Magistrate of first Class. 373 Buying or obtaining possession of a minor for purposes of prostitution, etc. Ditto Ditto Ditto Ditto Ditto Ditto 374 Unlawful compulsory labour Ditto Ditto Ditto Ditto Imprisonment of either description for 5 year, or fine or both. Ditto Of Rape 376 Rape: If the sexual intercourse was by a man with his own wife not being under 12 years of age. Shall not arrest without warrant Summons Bailable Not compoundable Imprisonment of either description for 2 year, or fine or both. Magistrate of first Class. If the sexual intercourse was by a man with his own wife being under 12 years of age. Ditto Ditto Ditto Ditto Imprisonment for life or imprisonment of either description for 10 year, or fine. Court of Sessions If any other case. May arrest without warrant Warrant Not bailable Ditto Ditto Ditto Of Unnatural Offences 377 Unnatural offences May arrest without warrant Warrant Not bailable Not compoundable Imprisonment for life or imprisonment of either description for 10 year, or fine. Court of Sessions OF OFFENCES AGAINST PROPERTY Theft 378 Theft May arrest without warrant Warrant Not bailable Not compoundable Imprisonment of either description for 3 year, or fine or both. Any judicial Magistrate 380 Theft in a building, tent or vessel. Ditto Ditto Ditto Ditto Imprisonment of either description for 7 year, and fine. Ditto 381 Theft by clerk or servant or property in possession of master or employer. Ditto Ditto Ditto Ditto Ditto Court of Session or Magistrate of First or Second Class. 381- A Theft of a car or other motor vehicles Ditto Ditto Ditto Ditto Imprisonment of either description for 7 year, and fine. Court of Session or Magistrate of First Class. 382 Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft or to retiring after committing it, or to retaining property taken by it. Ditto Ditto Ditto Ditto Rigorous imprisonment for 10 years and fine.Ditto Of Extortion 384 Extortion Shall not arrest without warrant Ditto Bailable Ditto Imprisonment of either description for 3 year, or fine or both. Magistrate of First or Second Class. 385 Putting or attempting to put in fear of injury in order to commit extortion. Ditto Ditto Ditto Ditto Imprisonment of either description for 2 year, or fine or both. 386 Extortion by putting a person in fear of death or grievous hurt Ditto Ditto Not bailable Ditto Imprisonment of either description for 10 year, and fine. Magistrate of First Class. 387 Putting or attempting to put in fear of death or grievous hurt in order to commit extortion. Ditto Ditto Ditto Ditto Imprisonment of either description for 7 year, and fine. Ditto 388 Extortion by threat of accusation of an offence punishable with death or imprisonment for life or imprisonment for 10 years, etc. Ditto Ditto Ditto Ditto Imprisonment of either description for 10 year, and fine. Ditto If the offence threatened be an unnatural offence. Ditto Ditto Bailable Ditto Imprisonment for life Ditto 389 Putting a person in fear of accusation of an offence punishable with death or imprisonment for life or imprisonment for 10 years in order to commit extortion. Ditto Ditto Ditto Ditto Imprisonment of either description for 10 year, and fine. Ditto 389 (Cont.) If the offence be an unnatural offence. Ditto Ditto Ditto Ditto Imprisonment for life Ditto Of Robbery and Dacoity 392 Robbery May arrest without warrant Warrant Not bailable Not compoundable Rigorous imprisonment for 10 years, and fine Court of Session or Magistrate of First Class. If committed on the highway between sunset and sunrise. Ditto Ditto Ditto Ditto Rigorous imprisonment for 14 years, and fine Ditto 393 Attempt to commit robbery. Ditto Ditto Ditto Ditto Rigorous imprisonment for 7 years, and fine Ditto 394 Person voluntarily causing hurt in committing or attempting to commit robbery or any person jointly concerned in such robbery. Ditto Ditto Ditto Ditto Imprisonment for life or rigorous imprisonment for 10 years, and fine Ditto 395 Dacoity Ditto Ditto Ditto Ditto Ditto Court of Sessions 396 Murder in dacoity Ditto Ditto Ditto Ditto Death, imprisonment for life or rigorous imprisonment for 10 years, and fine Ditto 397 Robbery or dacoity, with attempt to cause death or grievous hurt. Ditto Ditto Ditto Ditto Rigorous imprisonment for not more than 7 years, and fine Ditto 398 Attempt to commit robbery or dacoity when armed with deadly weapon Ditto Ditto Ditto Ditto Ditto Ditto 399 Making preparation to commit dacoity Ditto Ditto Ditto Ditto Rigorous imprisonment for 10 years, and fine Ditto 400 Belonging to a gang of persons associated for the purpose of habitually committing dacoity. Ditto Ditto Ditto Ditto Rigorous imprisonment for not more than 7 years, and fine Ditto 401 Belonging to a wandering gang of persons associated for the purpose of habitually committing dacoity. Ditto Ditto Ditto Ditto Rigorous imprisonment for 7 years, and fine Court of Session or Magistrate of First Class. 402 Being one of five or more persons assembled for the purpose of committing dacoity. Ditto Ditto Ditto Ditto Ditto Court of Sessions 403 Dishonest misappropriation of movable, property or converting it into one's own use. Shall not arrest without warrant Warrant Bailable Compoundable when permission is given by the court before which a prosecution is pending. Imprisonment of either description for 2 year, or fine or both. Any judicial Magistrate 404 Dishonest misappropriation of property knowing that it was in possession of deceased person at the time of his death and that it has not since been in the possession of any person legally entitled to it. Ditto Ditto Ditto Not compoundable Imprisonment for life or rigorous imprisonment for 3 years, and fine Magistrate of First or Second Class. 405 If by a person employed by the deceased. Ditto Ditto Ditto Ditto Imprisonment for life or rigorous imprisonment for 7 years, and fine Court of Session or Magistrate of First Class. Of Criminal Breach of Trust 406 Criminal breach of trust May arrest without warrant Warrant Not bailable Not compoundable Imprisonment of either description for 3 year, or fine or both. Magistrate of First or Second Class. 407 Criminal breach of trust by carrier, what finger, etc. Ditto Ditto Ditto Ditto Imprisonment for life or rigorous imprisonment for 7 years, and fine Court of Session or Magistrate of First Class. 408 Criminal breach of trust by clerk or servant Ditto Ditto Ditto Ditto Ditto Court of Session or Magistrate of First Class or second class. 409 Criminal breach of trust by public servant, or by banker, merchant or agent, etc. Ditto Ditto Ditto Ditto Imprisonment for life or imprisonment for 10 years, and fine Court of Session or Magistrate of First Class. Of Receiving of Stolen Property 411 Dishonestly receiving stolen property knowing it to be stolen Ditto Warrant Not bailable Not compoundable Imprisonment of either description for 3 year, or fine or both. Magistrate of First or Second Class. 412 Dishonestly receiving stolen property knowing that it was obtained in a dacoity Ditto Ditto Ditto Ditto Imprisonment for life or rigorous imprisonment for 10 years, and fine Court of Session 413 Habitually dealing in stolen property Ditto Ditto Ditto Ditto Imprisonment for life or imprisonment of either description for 10 year, and fine Court of Session 414 Assisting in concealment or disposal of stolen property knowing it to be stolen. Ditto Ditto Ditto Ditto Imprisonment of either description for 3 year, or fine or both. Magistrate of First or Second Class. Of Cheating 417 Cheating Shall not arrest without warrant Warrant Bailable Compoundable when permission is given by the court before which a prosecution is pending. Imprisonment of either description for 1 year, or fine or both. Magistrate of First or Second Class. 418 Cheating a person whose interest the offender either by law or by legal contract was bound to protect Ditto Ditto Ditto Ditto Imprisonment of either description for 3 year, or fine or both. Ditto 419 Cheating by personation May arrest without warrant Ditto Not bailable Ditto Imprisonment of either description for 7 year, or fine or both. Ditto 420 Cheating and thereby dishonestly inducing delivery of property, or the making or alteration or destruction of a valuable security. Ditto Ditto Bailable Ditto Imprisonment of either description for 7 years, and fine. Court of Session or Magistrate of First Class. Of Fraudulent Deeds and Dispossession of Property 421 Fraudulent removal or concealment of property to prevent distribution among creditors. Shall not arrest without warrant Warrant Bailable Not compoundable Imprisonment of either description for 2 year, or fine or both. Court of Session or Magistrate of First Class. 422 Fraudulently preventing from being made available for his creditors a debt or demand due to the offenders. Ditto Ditto Ditto Ditto Ditto Ditto 423 Fraudulent execution of deed of transfer containing false statement of consideration Ditto Ditto Ditto Ditto Ditto Ditto 424 Fraudulent removal or concealment of property of himself or of any other person or assisting in the doing thereof, or dishonestly releasing any demand or claim to which he is entitled. Ditto Ditto Ditto Ditto Ditto Ditto Of Mischief 426 Mischief Ditto Summons Bailable Compoundable when the only loss or damage caused is loss or damage to a private person. Imprisonment of either description for 3 years, or fine or both. Any judicial Magistrate 427 Mischief causing damage to the amount of fifty rupees or upward. Ditto Ditto Ditto Imprisonment of either description for 2 years, or fine or both. Court of Session or Magistrate of First Class. 428 Mischief by killing, poisoning, maiming or rendering useless any animal of the value, of ten rupees or upward. May arrest without warrant Ditto Ditto Ditto Ditto 429 Mischief by killing, poisoning, maiming or rendering useless any elephant, camel, horse, etc. what ever may be, its value or any other animal of the value, of 50 rupees or upward. Ditto Warrant Bailable Not compoundable Imprisonment of either description for 5 years, or fine or both. Court of Session or Magistrate of First Class. 430 Mischief by causing diminution of supply of eater for agricultural purposes, etc. Ditto Ditto Ditto Compoundable when permission is given by the court before which a prosecution is pending. Ditto Ditto 431 Mischief by injury to public road, bridge, river or channel and rendering it impossible or less safe for travelling or conveying. Ditto Ditto Ditto Not compoundable Ditto Ditto 432 Mischief by causing Inundation or obstruction to public drainage attended with damage Ditto Ditto Ditto Ditto Ditto Ditto 433 Mischief by destroying, moving or rendering less useful a light house or sea-mark or by exhibiting false lights. Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years, or fine or both. Court of Session 434 Mischief by destroying or moving, etc., a land-mark fixed by public authority Shall not arrest without warrant Ditto Ditto Ditto Imprisonment of either description for 1 year, or fine or both. Magistrate of First or Second Class. 435 Mischief by fire or explosive substance with intent to cause damage to amount of one hundred rupees or upward or (In case of agricultural produce) ten rupees or upward. May arrest without warrant Ditto Not bailable Ditto Imprisonment of either description for 7 years, and fine . Court of Session or Magistrate of First Class. 436 Mischief by fire or explosive substance with intent to destroy house, etc, Ditto Warrant Ditto Ditto Imprisonment for life or imprisonment of either description for 10 year, and fine Court of Sessions. 437 Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden Ditto Ditto Ditto Ditto Imprisonment of either description for 10 years, and fine . 438 The mischief described in Section 437 committed by fire or explosive substance Ditto Ditto Ditto Ditto Imprisonment for life or imprisonment of either description for 10 year, and fine 439 Running vessel aground or ashore with intent to commit theft, etc. Ditto Ditto Ditto Ditto Imprisonment of either description for 10 years, and fine . 440 Mischief committed after preparation made for causing death or hurt Ditto Ditto Ditto Ditto Imprisonment of either description for 5 years, and fine . Of Criminal Trespass 447 Criminal trespass Ditto Summons Bailable Compoundable Imprisonment of either description for 3 months, and fine of 500 rupees or both. Any judicial Magistrate 448 House-trespass Ditto Warrant Ditto Ditto Imprisonment of either description for 1 year, and fine of 1000 rupees or both. Ditto 449 House-trespass in order to commit offence punishable with death Ditto Ditto Not bailable Not Compoundable Imprisonment for life or rigorous imprisonment for 10 years, and fine Court of Sessions. 450 House-trespass in order to commit offence punishable with imprisonment for life Ditto Ditto Ditto Ditto Imprisonment of either description for 10 years, and fine . Ditto 451 House-trespass in order to commit offence punishable with imprisonment Ditto Ditto Bailable Ditto Imprisonment of either description for 2 years, and fine . Any judicial Magistrate If the offence is theft. May arrest without warrant Warrant Not bailable Not Compoundable Imprisonment of either description for 7 years, and fine . Court of Session or Magistrate of First or Second Class. 452 House-trespass after preparation for hurt, assault, etc. Ditto Ditto Ditto Ditto Ditto Ditto 453 Lurking house- trespass or house- breaking Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years, and fine . Magistrate of First or Second Class. 454 Lurking house trespass or house- breaking in order to commit offence punishable with imprisonment Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years, and fine . Magistrate of First or Second Class. 454 (Cont .) If the offence is theft. Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years, and fine . Court of Session or Magistrate of First or Second Class. 455 Lurking house- trespass or house- breaking after preparation for hurt, assault, etc. Ditto Ditto Ditto Ditto Ditto Court of Session or Magistrate of First Class. 456 Lurking house- trespass or house- breaking by night. Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years, and fine . Magistrate of First or Second Class. 457 Lurking house- trespass or house- breaking by night in order to commit offence punishable with imprisonment Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years, and fine . Court of Session or Magistrate of First Class. If the offence is theft. Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years, and fine . Ditto 458 Lurking house- trespass or house- breaking by night after preparation for hurt, etc. Ditto Ditto Ditto Ditto Ditto Court of Session or Magistrate of First Class. 459 Hurt caused, whilst committing lurking house-trespass or house-breaking Ditto Ditto Ditto Ditto Imprisonment for life or rigorous imprisonment for 10 years, and fine and shall also be liable to the kind of qatl committed by him or hurt caused or attempted to cause. Court of Session 460 Qatl or hurt caused by one of several persons jointly concerned in lurking house- trespass or house breaking by night Ditto Ditto Ditto Ditto Ditto Ditto 461 Dishonestly breaking open or unfastening any closed receptacle containing or supposed to contain property. Ditto Ditto Ditto Ditto Imprisonment of either description for 2 years, or fine or both. Magistrate of First or Second Class. 462 Being entrusted with any closed receptacle containing or supposed to contain property and fraudulently opening the same.. Ditto Ditto Ditto Ditto Imprisonment of either description for 3 years, or fine or both. Magistrate of First or Second Class. OF OFFENCES RELATING TO DOCUMENTS AND TO TRADE OR PROPERTY MARKS 465 Forgery Shall not arrest without warrant Warrant Bailable Not Compoundable Imprisonment of either description for 2 years, or fine or both. Magistrate of First Class. 466 Forgery or record of Court or of justice register of birth, etc. kept by a public servant. Ditto Ditto Not bailable Ditto Imprisonment of either description for 7 years, and fine . Court of Session 467 Forgery of valuable security, will, or authority to make or transfer any valuable security or to receive any money, etc. Ditto Ditto Ditto Ditto Imprisonment for life and imprisonment of either description for 10 years, and fine . Ditto When the valuable security is a promissory note of the Central Government. May arrest without warrant Ditto Ditto Ditto Ditto 468 Forgery for the purpose of cheating Shall not arrest without warrant Ditto Ditto Ditto Imprisonment of either description for 7 years, and fine . Court of Session or Magistrate of First Class. 469 Forgery for purpose of harming the reputation of any person or knowing that it is likely to be used for that purpose. Ditto Ditto Ditto Imprisonment of either description for 3 years, and fine . Magistrate of First Class. 471 Using as genuine a forged document which is known to be forged. Warrant Bailable Not Compoundable Punishment for forgery of such document. Same as that by which the forgery is triable. When the forged document is a promissory note of the Central Government. May arrest without warrant Ditto Ditto Ditto Ditto Court of Session 472 Making or counterfeiting a seal plate, etc., with intent to commit forgery punishable under Section 467 of PPC, or possessing with like intent any such seal, plate etc. knowing the same to be counterfeit. Shall not arrest without warrant Ditto Not bailable Ditto Imprisonment for life and imprisonment of either description for 7 years, and fine . Ditto 473 Making or counterfeiting a seal plate, etc., with intent to commit forgery punishable otherwise than under Section 467 of PPC, or possessing with like intent any such seal, plate etc. knowing the same to be counterfeit. Ditto Ditto Bailable Ditto Imprisonment of either description for 7 years, and fine . Ditto 474 Having possession of document knowing it to be forged and intending to use it as genuine if the document is one the description mentioned in section 466 of the PPC. Ditto Ditto Ditto Ditto Ditto Ditto If the document is one the description mentioned in section 467 of the PPC. Ditto Ditto Ditto Ditto Imprisonment for life and imprisonment of either description for 7 years, and fine . Ditto 475 Counterfeiting device or mark used for authenticating documents described in Section 467 of PPC, or possessing counterfeit marked material. Ditto Ditto Ditto Ditto Ditto Court of Session 476 Counterfeiting device or mark used for authenticating documents other than those described in Section 467 of PPC, or possessing counterfeit marked material. Ditto Ditto Not bailable Ditto Imprisonment of either description for 7 years, and fine . Ditto 477 Fraudulent destroying, defacing, or attempting to destroy or deface or secreting a will, etc. Ditto Ditto Ditto Ditto Imprisonment for life and imprisonment of either description for 7 years, and fine . Ditto 477- A Falsification of accounts Ditto Ditto Bailable Ditto Imprisonment of either description for 7 years, or fine or both. Court of Session or Magistrate of First Class. 482 Using a false trade- mark or property mark with intent to deceive or injure any body. Ditto Ditto Ditto Compoundable when permission is given by the court before which a prosecution is pending. Imprisonment of either description for 1 year, or fine or both. Magistrate of First or Second Class. 483 Counterfeiting a trade mark or property mark used by another with intent to deceive or injure any body. Ditto Ditto Ditto Ditto Imprisonment of either description for 2 years, or fine or both. Ditto 484 Counterfeiting a property mark used by a public servant or any mark used by him to denote the manufacture, quality, etc. of any property. Ditto Ditto Ditto Not compoundable Imprisonment of either description for 3 years, and fine . Magistrate of First Class. 485 Fraudulently making or possession of any die, plate or other instrument for counterfeiting any public or private trademark or property mark. Ditto Summons Bailable Ditto Imprisonment of either description for 3 years, or fine or both. Magistrate of First Class. 486 Knowingly selling goods marked with a counterfeit trademark or property mark. Ditto Ditto Ditto Compoundable when permission is given by the court before which a prosecution is pending. Imprisonment of either description for 1 year, or fine or both. Magistrate of First or Second Class. 487 Fraudulently making a false mark upon any package or receptacle containing goods with intent to cause it to be believed that it contains goods which it does not contain, etc.. Ditto Ditto Ditto Not compoundable Imprisonment of either description for 3 years, or fine or both. Ditto 488 Making use of any such false mark. Ditto Ditto Ditto Ditto Ditto Ditto 489 Removing, destroying, or defacing any property mark with intent to cause injury. Ditto Ditto Ditto Ditto Imprisonment of either description for 1 year, or fine. Ditto Of Currency-Notes and Bank-Notes 489- A Counterfeiting currency-notes or bank-notes May arrest without warrant Warrant Not bailable Not compoundable Imprisonment for life and imprisonment of either description for 10 years, and fine . Court of Session 489- B Using as genuine, forged or counterfeit currency-notes or bank-notes Ditto Ditto Ditto Ditto Ditto Ditto 489- C Possession of forged or counterfeit currency-notes or bank notes Ditto Ditto Ditto Ditto Imprisonment of either description for 7 years, or fine or both. Ditto 489- D Making or possessing instruments or materials for forging or counterfeiting currency notes or bank notes. May arrest without warrant Warrant Not bailable Not compoundable Imprisonment for life and imprisonment of either description for 10 years, and fine . Ditto 489- E Making or using documents resembling currency-notes, or bank-notes Ditto Ditto Ditto Ditto Imprisonment of either description for a year, or fine or both. Magistrate of First. 489- F Dishonestly issuing a cheque for repayment of loans etc. Ditto Ditto Ditto compoundable Imprisonment of either description for three years, or fine or both. Magistrate of First. CRIMINAL BREACH OF CONTRACTS OF SERVICE 491 Being bound to attend on or supply the wants of a person who is helpless from youth, unsoundness of minor disease, and voluntarily omitting to do so. Shall not arrest without warrant Summons Bailable Compoundable Imprisonment of either description for 3 months, and fine of 200 rupees or both. Magistrate of First or Second Class. OFFENCES RELATINGTO MARRIAGE 493 A man by deceit causing a woman not lawfully married to him to believe that she is lawfully married to him and to cohabit with him in that behalf. Ditto Warrant Not bailable Not compoundable Imprisonment of either description for 10 years, or fine or both. Court of Session 494 Marrying again during lifetime of husband or wife Ditto Ditto Bailable Compoundable when permission is given by the court before which a prosecution is pending. Imprisonment of either description for 7 years, and fine . Court of Session or Magistrate of First Class. 495 Same offence with concealment of former marriage from person with whom subsequent marriage is contracted Ditto Ditto Not bailable Not compoundable Imprisonment of either description for 10 years, and fine . Court of Session 496 A man with fraudulent intention going through the ceremony of being married knowing that he is not thereby lawfully married. Ditto Ditto Bailable Ditto Imprisonment of either description for 7 years, and fine . Ditto 497 Adultery May arrest without warrant Ditto Bailable Compoundable Imprisonment of either description for 5 years, or fine or both. Court of Session or Magistrate of First Class. 498 Enticing or taking away or detaining with a criminal intent a marriage woman. Shall not arrest without warrant Ditto Ditto Ditto Imprisonment of either description for 3 years, or fine or both. Magistrate of First or Second Class. DEFAMATION 500 Defamation May arrest without warrant Ditto Ditto Ditto Rigorous imprisonment for 2 years, or fine or both. Any Judicial Magistrate 501 Printing or engraving matter known to be defamatory Ditto Ditto Ditto Ditto Ditto Magistrate of the First. 502 Sale of printed or engraved substance containing defamatory matter knowing it to contain such matter. Ditto Ditto Ditto Ditto Ditto Ditto CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE 504 Insult intended to provoke breach of the peace. Shall not arrest without warrant Ditto Ditto Ditto Imprisonment of either description for 2 years, or fine or both. Any Judicial Magistrate 505 False statements rumour etc. circulated with intent to cause mutiny or offence against the public peace. May arrest without warrant Ditto Not bailable Not compoundable Imprisonment of either description for 7 years, and fine . Magistrate of the First. 506 Criminal intimidation Shall not arrest without warrant Ditto Ditto Compoundable Imprisonment of either description for 2 years, or fine or both. Magistrate of the First or Second Class. If threat be to cause death or grievous hurt, etc. Ditto Ditto Ditto Not compoundable Imprisonment of either description for 7 years, or fine or both. Court of Session or Magistrate of First Class. If threat be to cause death or grievous hurt, etc. 507 Criminal intimidation by an anonymous communication or having taken precaution to conceal whence the threat comes. Ditto Ditto Ditto Ditto Imprisonment of either description for 2 years, in addition to the punishment under above section. Magistrate of the First Class. 508 Act caused by inducing person to believe that he will be rendered an object of Divine displeasure Ditto Ditto Ditto Compoundable Imprisonment of either description for 1 year, or fine or both. Magistrate of the First or Second Class. 509 Uttering any word or making any gesture intended to insult the modesty of a woman Ditto Ditto Ditto Compoundable when permission is given by the court before which a prosecution is pending. Simple imprisonment for 1 year, or fine or both. Magistrate of the First Class. 510 Appearing in a public place, etc. in a state of intoxication, and causing annoyance to any person. Ditto Ditto Ditto Not compoundable Simple imprisonment for 24 hours, or fine of 10 rupees or both. Any Judicial Magistrate ATTEMPTS TO COMMIT OFFENCES 511 Attempting to commit offences punishable with imprisonment for life or for a shorter terms, and in such attempt doing any act towards the commission of an offence. Accordingly as the offence is one in respect of which the police may arrest without warrant or not. Accordingly as the offence is one in respect of which a summon or warrant is ordinarily issued. Accordingly as the offence is one in respect of which the police may arrest without warrant or not. Compoundable when the offence attempted is compoundable. Imprisonment not exceeding half of the longest term and of any description provided for the offence or fine (daman), or both. Court by which the offence attempted is triable. Offence against other laws If punishable with death, imprisonment for life, imprisonment for more than 7 years, imputation of hand or foot or both hand or foot or with whipping exceeding 80 strips with or without any other of the said punishments. May arrest without warrant Warrant Not bailable Not compoundable Ditto Court of Session If punishable with imprisonment for more than 3 years and upward but less than 7 years, or with whipping not exceeding 80 strips with or without imprisonment Ditto Ditto Except in cases under The Arms Act 1878, Section 19, which shall be bailable. Ditto Ditto Court of Session or Magistrate of First Class. If punishable with imprisonment for more than 1 years and upward but less than 3 years, or with whipping not exceeding 40 strips with or without imprisonment. Shall not arrest without warrant Summon s Bailable Not compoundable Ditto Magistrate of First Class. If punishable with imprisonment for less than 1 year or with whipping not exceeding 10 strips with or without imprisonment or with fine only. Ditto Ditto Ditto Ditto Ditto Any Judicial Magistrate SCHEDULE III (See Section 36) Ordinary Powers of Provincial Magistrates 1. Ordinary Powers of a Magistrate of the Third Class (1) Power to arrest or direct the arrest of, and to commit to custody, a person committing an offence in his presence, Section64. (2) Power to arrest, or direct the arrest in his presence of, an offender Section 65. (3) Power to endorse a warrant, or to order the removal of an accused person arrested under a warrant, Sections 83,84 and 86. (4) Power to issue proclamation in cases judicially before him, Section 87. (5) Power to attach and sell property and to dispose of claims to attached property in cases judicially before him, Section 88. (6) Power to restore attached property, Section 89. (7) Power to require search to be made for letters and telegrams, Section 95. (8) Power to issue search-warrant, Section 96. (9) Power to endorse a search-warrant and order delivery of thing found, Section 99. (10) Power to command unlawful assembly to disperse, Section 127. (11) Power to use civil force to disperse unlawful assembly, Section 128. (12) power to require military force to be used to disperse unlawful assembly, Section 130. (13) Repealed (14) Power to authorise detention not being detention in the custody of the police of a person during a police-investigation, Section 167. (14-A) Power to postpone issue of process and inquire into case himself, Section 202. (15) Power to detain an offender found in Court, Section 351. (16) Repealed. (17) Power to apply to District Magistrate to issue commission for examination of witness, Section 506 (2). (18) Power to recover forfeited bond for appearance before Magistrate's Court, Section 514 and to require fresh security, Section 514-A.] (l8-a) Power to make order as to custody and disposal of property pending inquiry or trial, Section 516-A. (19) Power to make order as to disposal of property, Section 517. (20) Power to sells property of a suspected character, Section 525. (21) Power to require affidavit in support of application, Section 539-A. (22) Power to make local inspection Section 539-B. //. Ordinary Powers of a Magistrate of the Second Class (1) The ordinary powers of a Magistrate of the Third Class. (2) Power to order the police to investigate an offence in cases in which the Magistrate has jurisdiction to try or send for trial to the Court of Session or the High Court, Section 155. (3) power to postpone, issue of process and to inquire into a case or direct investigation, Section 202. (4) Repealed. ///. Ordinary Power of a Magistrate of the First Class (1) The ordinary powers of a Magistrate of the Second Class. (1 -a) Power to direct warrant to land holders, etc., Section 78. (1-ab) Power to issue search warrant otherwise than in course of an inquiry, Section 98. (2) Power to issue search warrant otherwise than in course of inquiry, Section 98. 1-a & 1ab Ins. by Ordinance, XXXVII of 2001, dt. 13-8-2001. (3) Power to issue search warrant for discovery of persons wrongfully confined, Section 100. (3-a) Power to require security for keeping peace, Section 107. (3-ab) Power to require security for good behaviour from persons disseminating seditious matter, Section 108. (3-ac) Power to require security for good behaviour, Section 109. (3-ad) Power to require security for good behaviour from habitual offenders, Section 110. (3-ae) Power to discharge sureties Section 126. (3-f) Power to acquire security, for un-expired period of bond, Section 126 A. 3-a to 3-f Ins. by Ordinance, XXXVII of 2001, dt. 13-8-2001 (4) Power to require security to keep the peace, section 107. (5) Power to require security for good behaviour, Section 109. (6) Power to discharge sureties, Section 126-A. (6-a) Power to make orders as to local nuisances, Section 133. (6-ab) Power to make order to prohibit repetition or continuance of public nuisance, Section 143. (6-ac) Power to make orders, etc., in possession cases, Sections 145,146 and 147. 6-ab & 6-ac Ins. by Ordinance, XXXVII of 2001, dt. 13-8-2001. (7) [Omitted by Law Reforms Ordinance, 1972] (7-a). Power to record statements and confessions during a police investigation, Section 164. (7-aa) Power to authorise detention of a person in the custody of the police during a police investigation Section 167. (7-b) Power to hold inquests, Section 174.] (8) Power to commit for trial, Section 206. i3[(8-a) Power to hold inquests, Section 174. (18-ab) Power to take cognisance of offences, Section 190. 18-a & 18-ab Ins. by Ordinance, XXXVII of 2001, dt. 13-8-2001 (9) Power to stop proceedings when no complainant, Section 249 (9-a) Omitted. (10) Omitted. (12) Power to recover penalty on forfeited bond, Section 514. (12-a) Power to require fresh security, Section 514-A. (12-ab) Power to dispose property where no claimant, Section 524. 12-ab Ins. by Ordinance, XXXVII of 2001, dt. 13-8-2001 (12-b) [Omitted by Ordinance XXXVII of 2001, dt. 13-8-2001.} (13) Power to make order as to first offenders, Section 562. (14) Power to order released convicts to notify residence Section 565. IV. Omitted by Ordinance, XXXVII of 2001, dt. 13-8-2001. (1) The ordinary powers of a Magistrate of the First Class. (2) Power to direct warrants to landholders, Section 78. (3) Power to require security for good behaviour, Section 110. (4) Repealed. (5) Power to make orders prohibiting repetitions of nuisances, Section 143. (6) Power to make orders under Section 144. (7) Power to depute Subordinate Magistrate to make local inquiry, Section 148. (8) Power to order police investigation into cognizable case, Section 156. (9) Power to receive report of police officer and pass order Section 173. (10) Repealed. (11) Power to issue process for person within local jurisdiction who has committed an offence outside the local jurisdiction, Section 186. (12) Power to entertain complaints, Section 190. (13) Power to receive police reports, Section 190, (14) Power to entertain cases without complaint, Section 190. (15) Power to transfer cases to a Subordinate Magistrate, Section 192. (16) Power to pass sentence on proceedings recorded by a Subordinate Magistrate, Section 349. (17) Power to forward record of inferior Court to District Magistrate, Section 435 (2). (18) Power to sell property alleged or suspected to have been stolen, etc., Section 524. (19) Power to withdraw cases other than appeals, and to try or refer them for trial, Section 528. V. Omitted by Ordinance, XXXVII of 2001, dt. 13-8-2001. (1) The ordinary powers of a Sub-Divisional Magistrate. (1-a) [Omitted by Law Reforms (Amendment) Act, 1976]. (2) Power to require delivery of letters, telegrams, etc., Section 95. (3) power to issue search-warrants for documents, in custody of postal or telegraph authorities, Section 96. (4) Power to require security for good behaviour in case of sedition, Section 108. (5) Power to discharge persons bound to keep the peace or to be of good behaviour, Section 124. (6) Power to cancel bond for keeping the peace Section,125. (6-a) Power to order preliminary investigation by police-officer not below the rank of inspector in certain cases, Section 196-B. (7) Omitted. (7-a) Power to tender pardon to accomplice at any stage of a case, Section 337, (8) Omitted. (9) [Omitted by Law Reforms (Amendment) Act, 1976] (9-a) [Omitted by Law Reforms (Amendment) Act, 1976} (10) [Omitted by Law Reforms (Amendment) Act, 1976] (11) [Omitted by Law Reforms (Amendment) Act, 1976} (12) [Omitted by Law Reforms (Amendment) Act, 1976] (13) [Omitted by Law Reforms (Amendment) Act, 1976] (14) [Omitted by Law Reforms (Amendment) Act, 1976] (15) Repealed. (17) Power to appoint person to be Public Prosecutor in particular case, Section 492(2). (18) Power to issue commission for examination of witness, Sections 503, 506. (19) Power to hear appeals from or revise orders passed under Sections 514, 515. (20) Power to compel restoration of abducted female, Section 552. SCHEDULE IV (See Sections 37 and 38) ADDITIONAL POWERS WITH WHICH PROVINCIAL MAGISTRATES MAY BE INVESTED. PART I POWERS WITH WHICH A MAGISTRATE OF THE FIRST CLASS MAY BE INVESTED. BY THE PROVINCIAL GOVERNMENT. 1. Power to require security for, good behaviour in case of sedition, Section 108. 2. (2) to (6) Omitted by Ordinance XXXVII of 2001, dt. 13-8-2001. 7. Power to issue process for person within local jurisdiction who has committed an offence outside the local jurisdiction, Section 186. 8. Power to take cognizance of offences upon complaint, Section 190. 9. Power to take cognizance of offences upon police reports, Section 190. 10. Power to take cognizance of offences without complaint, Section 190. 11. Power to try summarily, Section 260. 12. Power to hear appeals from convictions by Magistrates of the second and third classes, Section 407. 13. Power to sell property alleged or suspected, to have been stolen, etc. Section 524. 14. Repealed. 15. Power to try cases under Section – 124-A of the Pakistan Penal Code. PART – II [Omitted by Ordinance XXXVII of 2001, dt. 13-8-2001]. SCHEDULE - V (See Section 555) FORMS 1-Summons to an Accused Person (See Section 68) To of WHEREAS your attendance is necessary to answer to a charge of (state shortly the offence charged), you are hereby required to appear in person (or by pleader, as the case may be) before the (Magistrate). of on the day of Herein fail not. Dated this day of ,19 (Seal) (Signature) II. Warrant of Arrest (See Section 75) To (name and designation of the person or persons who is or are to execute, the warrant). WHEREAS of stands charged with the offence of (state the offence), you are hereby directed to arrest the said , and to produce him before me. Herein fail not. Dated this day of ,19 (Seal) Signature (See Section 76) This warrant may be endorsed as follows:- If the said …………. shall give bait himself in the sum of ……. with one surety in the sum of ……. (or two sureties each in the sum of …… ) to attend before me on the ….. day of and to continue so to attend until otherwise directed by me, he may be released. Dated this day of ,19 (Signature) III. Bond and bail-bond after arrest under a warrant (See Section 86) I, (name), of being brought before the Magistrate of my appearance to answer to the charge of ……. , do hereby bind myself to attend in the Court of ….. on the day of …. next, to answer to the said charge, and to continue so to attend until otherwise directed by the Court and, in case of my making default herein, I bind myself to forfeit, to Government the sum of rupees. Dated this day of ,19 (Signature} I do hereby declare myself surety for the above named of that he shall attend before in the Court of …… off the ….. day of …… next, to answer to the charge on which he has been arrested, and shall continue so to attend until otherwise directed by the Court; and, in case of his making default therein, I bind myself to forfeit to Government. Dated this day of ,19 (Signature) IV. Proclamation requiring the appearance of a person accused (See Section 87) WHEREAS complaint has been made before me that (name, description and address) has committed (or is suspected to have committed) the offence of ……, punishable under section …….of the Pakistan Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said (name) cannot be found, and whereas it has been shown to my satisfaction that the said (name) has absconded (or is concealing himself to avoid the service of the said warrant); Proclamation is hereby made that the said …… of ….. is required to appear at (place) before this Court (or before me) to answer the said complaint on the day of . Dated this day of ,19 (Seal) (Signature) V. Proclamation Requiring the Attendance of Witness (See Section 87) WHEREAS complaint has been made before me that (name, description and address), has committee (or is suspected to have committed) the offence of (mention the offence concisely) and a warrant has been issued to compel the attendance of (name, description and address of witness), before this Court to be examines touching the matter of the said complaint; and whereas it has been returned to the said warrant that the said [name of witness) cannot be served, and it has been shown to my satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant); Proclamation is hereby made that the said (name) is required to appear at (place) before the Court on the day of next at o'clock to be examined touching , the offence complained of. Dated this day of ,19 (Seal) (Signature) VI. Order of Attachment to compel the attendance of a Witness. (See Section 88) To the Police-officer in charge of the Police station WHEREAS a warrant has been duly issued to compel the attendance of (name, description and address) to testify concerning a complaint pending before this Court, and ft has been returned to the said warrant that it cannot be served; and whereas it has been shown to my satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant); and thereupon a proclamation has been or is being duly issued and published requiring the said ………. to appear and give evidence at the time and place mentioned therein. The is to authorize and require you to attach by seizure the movable properly belonging to the said ……. to the value of rupees ……… which you may find within the District of ….. and to hold the said property under attachment pending the further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution. Dated this day of ,19 (Seal) (Signature) Order of attachment to compel the appearance of a person accused (See Section 88) To (name and designation of the person or persons who is or are to execute the warranty) WHEREAS complaint has been made before me that (name, description and address) has committed (or is suspected to have committed) the offence of ……. punishable under section of the Pakistan Penal Code, and it has been returned to, a warrant of arrest thereupon issued that the said (name) cannot be found; and whereas it has been shown to my satisfaction that the said (name) has absconded (or is concealing himself to avoid the service of the said warrant), and thereupon a Proclamation has been or is being duly issued and published requiring the said ………. to appear to answer the said charge within …….. days; and whereas the said ……. is possessed of the following property other than land paying revenue to, Government in the village (or town) of …….. , in the District of ……... viz., ……., and an order has been made for the attachment thereof; You are hereby required to attach the said property by seizure, and to hold the same under attachment pending the further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution. Dated this day of ,19 (Seal) (Signature) Order authorizing an attachment by the District Officer (Revenue) as Collector (See Section 88) To the District Officer (Revenue) of WHEREAS complaint has been made before me that (name, description and address) has committed (or is suspected to have committed) the offence of ……. , punishable under section …….. of the Pakistan Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said (name) cannot be found; and whereas it has been shown to my satisfaction that the said (name) has absconded (or is concealing himself to avoid the service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published requiring the said to appear to answer the said charge within days, and whereas the said is possessed of certain land paying revenue to Government in the village (or town) of in the District of ………. You are hereby authorized and requested to cause the said land to be attached, and to be held under attachment pending the further order of this Court, and to certify without delay what you may have done in pursuance of this order. Dated this day of ,19 (Seal) (Signature) VII. Warrant in the first instance to bring up a witness (See Section 90) To (name and designation of the Police-Officer or other person or persons who is or are to execute, the warrant) WHEREAS complaint has been made before me that of has (or is suspected to have) committed the offence of (mention the offence concisely), and it appears likely that (name and description of witness) can give evidence concerning the said complaint; and where as I have good and sufficient reason to believe that he will not attend as a witness on the hearing of the said complaint unless compelled to do so; This is to authorise and require you to arrest the said (name) and on the day of to bring him before his Court, to be examined touching the offence complained of. Given under my hand and the seal of this Court, the day of .19 (Seal) (Signature) VIII. Warrant to search after information of a particular offence (See Section 96) To (name and designation of the Police-Officer or other person or persons who is or are to execute the warrant) WHEREAS information has been laid (or complaint has been made) before me of the commission (or suspected commission) of the offence of (mention the offence concisely), and it has been made to appear to me that the production of (specify the thing clearly) is essential to the inquiry now being made (or about to be made) into the said offence or suspected offence; This is to authorize and require you to search for the said (the thing specified) in the (describe the house or place or part thereof to which the search is to be confined) and, if found to produce the same forthwith before this Court; returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution. Given under my hand and the seal of .the Court, this day of ,19 (Sea/) (Signature) IX. - Warrant to search suspected Place of Deposit (See Section 98) To (name and designation of a Police-Officer above the rank of a Constable) WHEREAS information has been laid before me, and on due inquiry thereupon had I have been led to believe that the (describe the house or other place) is, used as a place for the deposit (or sale) of stolen property (or if for either of the other purposes expressed in the section, state the purpose in the words of the section);- This is to authorize and require you to enter the said house (or other place) with such assistance as shall be required, and to use if necessary, reasonable force for that purpose, and to search every part of the said house (or other place or if the search is to be confined to a part, specify the part clearly) and to seize and take possession of any property (or documents, or stamps, or seals, or coins or obscene objects, as the case may be) Add (when the case requires it) and also of any instruments and materials which you may reasonably believe to be kept for the manufacture of forged documents, or counterfeit stamps, or false seals, or counterfeit coin (as the case may be), and forthwith to bring before this Court such of the said things as may be taken possession of returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution. Given under my hand and the seal of the Court, this day of ,19 (Seal) (Signature) X. Bond to keep the peace (See Section 107) WHEREAS I (name) inhabitant of (place), have been called upon to enter into a bound to keep the peace for the term of or until the completion of the inquiry in the matter of now pending in the Court of I hereby bind myself not to commit a breach of the peace, or do any act that may probably occasion a breach of the peace, during the said term or until the completion of the said inquiry, and in case of my making default therein, I hereby bind myself to forfeit to Government the sum of rupees …………….. Dated this day of ,19 (Signature) XI - Bond for Good Behaviour (See Sections 108, 109 and 110) WHEREAS I (name) inhabitant of (place), have been called upon to enter into a bond to be of good behaviour to Government and to all the citizens of Pakistan for the term of (state the period) or until the completion of the inquiry in the matter of ……. now pending in the Court of …. I hereby bind myself to be of good behaviour to Government and to all the citizens of Pakistan during the said term or until the completion of the said inquiry; and in case of my making default therein, I bind myself to forfeit to Government the sum of rupees …………. Dated this day of ,19 (Signature) (Where bond with sureties is to be executed, add " We do not hereby declare ourselves sureties for the above named that he will be of good behaviour to Government and to all the citizens of Pakistan during the said term or until the completion of the said inquiry; and in the case of his making default therein, we bind ourselves, jointly and severally, to forfeit to Government the sum of rupees Dated this day of ,19 (Signature) XII.-Summons on information of probable Breach of the Peace (See Section 114) To of WHEREAS it has been made to appear to me by credible information that {state the substance of the information}, and that you are likely to commit a breach of the peace (or by which act a breach of the peace will probably be occasioned), you are hereby required to attend in person (or by a duly authorized agent) at the office of the Magistrate of on the day of ,19 at ten o'clock in the forenoon, to show cause why you should not be required to enter into a bond for rupees when sureties are required, add and also to give sureties by the bond of one (or two, as the case may be) surety (or sureties) in the sum of rupees (each if more than one) that you will keep the peace for the term of Given under my hand and the seal of the Court this Day of ,19 . (Seal) (Signature) XlII—Warrant of Commitment on Failure to find Security to keep the Peace (See Section 123) To the Superintendent (or Keeper) of the Jail at …………………. WHEREAS (name and address) appeared before me in person (or by his authorized agent) on the day of in obedience to a summons calling upon him to show cause why he should not enter into a bond for rupees with one surety or a bond with two sureties each in rupees , that he, the said (name), would keep the peace for the period of months; and whereas an order was then made requiring the said (name) to enter into and find such security (state the security ordered when it differs from that mentioned in the summons), and he has failed to comply with the said order; This is to authorize and require you, the said Superintendent (or Keeper), to receive the said (name), into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of (term of imprisonment) unless he shall in the meantime be lawfully ordered to be released and to return this warrant with an endorsement certifying the manner of its execution. Given under my hand and the Court, this day of , 19. (Seal) (Signature) XIV - Warrant of commitment of Failure to find Security for Good Behaviour (See Section 123) To the Superintendent (or Keeper) of the Jail at …………….. Whereas it has been made to appear to me that (name and description) has been and is lurking within the district of having no ostensible means of subsistence (or, and that he is unable to give any satisfactory account of himself); - or Whereas evidence of the general character of (name and description) has been adduced before me and recorded, from which it appears that he is an habitual robber (or, house- breaker, etc., as the case may be); And Whereas an order has been recorded stating the same and requiring the said (name) to furnish security for his good behaviour for the term of (state the period) by entering into a bond with one surety (or two or more sureties, as the case may be), himself for rupees ……….., and the said surety (or each of the said sureties) for rupees ….. , and the said (name) has failed to comply with the said order and for such default has been adjudged imprisonment for (state the term) unless the said security be sooner furnished; This is to authorize and require you, the said Superintendent (or Keeper) to receive the said (name) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of (term of imprisonment) unless he shall in the meantime be lawfully ordered to be released and to return this warrant with an endorsement certifying the manner of its execution. Given under my hand and the seal of the Court, this day of ,19. (Seal) (Signature) XV—Warrant to discharge a Person imprisoned on Failure to give security (See Sections 123 and 124) To the Superintendent (or Keeper) of the Jail at (or, other officer in whose custody the person is). WHEREAS (name and description of prisoner) was committed to your custody under warrant of the Court, dated the day …. of ….. and has since duly given security under section ….. of the Code of Criminal Procedure; or and there have appeared to me sufficient grounds for the opinion that he can be released without hazard to the community; This is to authorize and require you forthwith to discharge the said (name) from your custody unless he is liable to be detained for some other cause. Given under my hand and the seal of the Court, this day of , 19 . (Seal) {Signature} XVI.—Order for the Removal of Nuisances (See Section 133) To (name, description and address). WHEREAS it has been made to appear to me that you have caused an obstruction for nuisance) to persons using the public roadway (or other public place) which, etc., (describe the road or public place), by, etc. (state what it is that causes the obstruction or nuisance), and that such obstruction (or nuisance still exists); or Whereas it has been made to appear to me that you are carrying on as owner, or manager, the trade or occupation of (state the particular trade or occupation and the place where it is carried on), and that the same is injurious to the public health (or comfort) by reason (state briefly in what manner the injurious effects are caused), and should be suppressed or removed to a different place; Whereas it has been made to appear to me that you are the owner (or are in possession of or have the control over) a certain tank (or well or excavation) adjacent to the public way, (describe the thoroughfare); and that the safety of the public is endangered by reason of the said tank (or well or excavation) being without a fence (or insecurely fenced); or Whereas, etc., etc. (as the case may be), I do hereby direct and require you within (state the time allowed) to (state what is required to be done to abate the nuisance) or to appear at in the Court of ……. on the day of next, and to show cause why this order should not be enforced. or I do hereby direct and require you within (state the time allowed) to cease carrying on the said trade or occupation at the said place, and not again to carry on the same, or to remove the say trade from the place where it is now carried on, or to appear, etc.; or I do hereby direct and require you within (state the time allowed) to put up a sufficient fence (state the kind of fence and the part to be fenced); or to appear etc.; or I do hereby direct and require you, etc., etc, (as the case may be). Given under my hand and the seal of the Court this day of ,19 . (Seal) (Signature) XVII.—-Magistrate's Order constituting a Jury (See Section 138) WHEREAS on the day of ,19 an order was issued to (name) requiring him (state the effect of the order), and whereas the (name) has applied to me, by a petition, bearing date the day of for an order appointing a Jury to try whether the said recited order is reasonable and proper I do hereby appoint (the names, etc., of the five or more Jurors) to be the Jury to try and decide the said question, and do require the said Jury to report their decision within days from the date of this order at my office. Given under my hand and the seal of the Court, this day of, 19. (Seal) (Signature) XVIII.—Magistrate's Notice and Peremptory Order after the Finding by a Jury. (See Section 140) To (name, description and address): I hereby give you notice that the Jury duly appointed on the petition presented by you on the day of have found that the order issued on the day of requiring you (state substantially the requisition in the order) is reasonable and proper. Such order has been made absolute, and I hereby direct and require you to obey the said order within (state the time allowed), on peril of the penalty provided by the Pakistan Penal Code for disobedience thereto. Given under my hand and the seal of the Court, this day of , 19 . (Seal) . (Signature) XIX.— Injunction to provide against Imminent Danger pending Inquiry by Jury. (See Section 142) To (name, description and address). Whereas the inquiry by a Jury appointed to try whether my order issued on the day of , 19 , is reasonable and proper is still pending, and it has been made to appear to me that the nuisance mentioned in the said order is attended with so imminent serious danger to the public as to render necessary immediate measures to prevent such danger, I do hereby, under the provisions of Section 142 of the Code of Criminal Procedure, direct and enjoin you forthwith to (state plainly what is required to be done as a temporary safeguard), pending the result of the local inquiry by the Jury. Given under my hand and the seal of the Court, this day of , 19 . (Seal) (Signature) XX.— Magistrate's Order Prohibiting the Repetition, etc. of a nuisance (See Section 143) To (name, description and address). Whereas it has been made to appear to me that, etc. (state the proper recital, guided by Form No. XVI or Form No- XXI, (as the case may be). I do hereby strictly order and adjoin you not to repeat the said nuisance by again placing or causing or permitting to be placed, etc. (as the case may be). Given under my hand and the seal of the Court, this day of , 19 . (Seal) (Signature) XXI.—Magistrate's Order to prevent Obstruction, Riot, etc. (See Section 144) To (name, description and address). Whereas it has been made to appear to me that you are in possession (or have the management) of (describe clearly the property), and that, in digging a drain on the said land, you are about to throw or place a portion of the earth and stones dug up upon the adjoining public road, so as to occasion risk of obstruction to persons using the road; or Whereas, it has been made to appear to me that you and a number of other persons (mention the class of persons) are about to meet and proceed in a religious procession along with public street, etc. (as the case may be), and that such procession in likely to lead to a riot or an affray; or Whereas, etc., etc. (as the case may be); I do hereby order you not to place or permit to be placed any of the earth or stones dug from land on any part of the said road; or I do hereby prohibit the procession passing along the said street, and strictly warn and enjoin you not to take any part in such procession (or as the case recited may require). Given under my hand and the seal of the Court, this day of ,19 . (Seal) (Signature) XXII.-Magistrate's Order declaring Party entitled to retain Possession of Land, etc., in Dispute (See Section 145) It appearing to me on the grounds duly recorded, that a dispute, likely to induce a breach of peace, existed between (describe the parties by name and residence or residence only if the dispute be between bodies of villagers) concerning certain (state concisely the subject of dispute), situate within the local limits of my jurisdiction, all the said parties were called upon to give in a written statement of their respective claims as to the fact of actual possession of the said (the subject of dispute), and being satisfied by due inquiry had thereupon, without reference to the merits of the claim of either of the said parties to legal right of possession, that the claim of actual possession by the said (name or names or description) is true; I do decide and declare that he is (or they are) is possession of the said (the subject of dispute) and entitled to retain such possession until ousted by due course of law, and do strictly forbid any disturbance of his (or their) possession in the meantime. Given under my hand and the seal of the Court, this day of , 19 . (Seal) (Signature) Comments Decision under S. 145(4) and order in Form XXII - Distinction. The decision under sub- section (4) of S. 145. Criminal P.C. and an order in Form XXIl of Sch. V of the Code, are two different things. The decision under sub-section (4) of S. 145 is a decision relating to the actual and physical possession of the land in dispute and the order drawn up in Form XXII of Sch. V is a final order which is required to be drawn up not necessarily to embody the decision but to embody the directions of the Magistrate to the parties concerned. Whereas the decision only decides the question of actual physical possession, the order confers a right on the party from disturbing that possession without taking any steps in due course of law. . XXlll.— Warrant of Attachment in the Case of a Dispute as to the Possession of Land, etc. (See Section 146) To the Police-officer in charge of the Police-station at [or, To the Collector] Whereas it has been made to, appeal to me that a dispute likely to induce a breach of the peace existed between (describe the parties concerned by name and residence, or residence only if the dispute be between bodies of villagers) concerning certain (state concisely the subject of dispute) state within the limits of my Jurisdiction; and the said parties were thereupon duly called upon to state in writing their respective claims as to the fact of actual possession of the said (the subject of dispute), and whereas, upon due inquiry into the said claims, I have decided that neither of the said parties was in possession of the said (the subject of dispute) [or I am unable to satisfy myself as to which of the said parties was in possession as aforesaid]; This is to authorise and require you to attach the said (the subject of dispute) by taking and keeping possession thereof, and to hold the same under attachment until the decree or order of a competent Court determining the rights of the parties, or the claim to possession, shall have been obtained, and to return this warrant with an endorsement certifying the manner of its execution. Given under my hand and the seal of the Court, this day of , 19 (Seal) (Signature) XXIV - Magistrate's Order Prohibiting the doing of anything on Land or Water (See Section 147) A dispute having arisen concerning the right of use of (state concisely the subject of dispute) situate within the limits of my jurisdiction, the possession of which land (or water) is claimed exclusively by (describe the person or persons), and it appearing to me, on due inquiry into the same, that the said land (or water) has been open to the enjoyment of such use by the public (or if by an individual or a class of persons, describe him or them) and (if the use can be enjoyed throughout the year) that the said use has been enjoyed within three months of the institution of the said inquiry (or if the use is enjoyable only at particular seasons, say "during the last of the seasons at which the same is capable of being enjoyed"); I do order that the said (the claimant or claimants of possession), or any one in their interest, shall not take (of retain) possession of the said land (or water) to the exclusion of the enjoyment of the right of use aforesaid, until he (or they) shall obtain the decree or order of a competent Court adjudging him (or them) to be entitled to exclusive possession. Given under my hand and sea! of the Court, this day of 19 . (Seal) (Signature) XXV. Bond and Bail-bond on a Preliminary Inquiry before a Police Officer (See Section 169) I (name), of , being charged with offence of and after inquiry required to appear before the Magistrate of or and after inquiry called upon to enter into my own recognizance to appear when required, do hereby bind myself to appear at ,in the Court of , on the day, of next (or on such day as I may hereafter be required to attend) to answer further to the said charge, and in case of my making default herein, I bind myself to forfeit to Government the sum of rupees ………….. Dated this day of ,19. (Signature) XXVI. Bond to prosecute or give Evidence (See Section 170) I (name), of (place), do hereby bind myself to attend at , in the Court of , at O'clock on the day of next and then and there to prosecute (or to prosecute and give evidence) (or to give evidence) in the matter of a charge of against one A,B and in case of making default herein, I bind myself to forfeit to Government, the sum of rupees …………….. Dated this day of ,19 . (Signature) XXVll—Notice of Commitment by Magistrate to Government Pleader. Omitted by L.R.O., 1972, item 213. - XXVIII --- CHARGES (See Sections 221, 222, 223) (i) Charges with one head (a) I, (name and office of Magistrate, etc.) hereby charge you (name of accused person) as follows:-- (b) that you, on or about the day of at waged war against Pakistan , and thereby committed an offence punishable under Section 121 of the Pakistan Penal Code, and within the cognizance of the Court of Session (when the accused is to be tried by the High Court in the exercise of its original Criminal jurisdiction), (for Court of Session substitute High Court). On penal Code Section 121. (c) And I hereby direct that you be tried by the said Court on the said charge. [Signature and seal of the Magistrate] [To be substituted for (b)]:-- (2) That you, on or about the day of at , with the intention of inducing the President of Pakistan to refrain from exercising a lawful power as such [President], assaulted him, and thereby committed an offence punishable under Section 124 of the Pakistan Penal Code. and within the cognizance of the Court of Session [or High Court], On Section 124. (3) That you, being a public servant in the Department, directly accepted from (state the name), for another party [state the name] a gratification other than legal remuneration, as a motive forbearing to do an official act, and thereby committed an offence punishable under Section 161 of the Pakistan Penal Code, and within the cognizance of the Court of Session [or High Court]. On Section 161. (4) that you, on or about the day of at , did (or omitted to do, as the case may be) , such conduct being contrary to the provisions of Act section , and known by you to be prejudicial to and thereby committed an offence punishable under Section 166 of the Pakistan Penal Code and within the cognizance or the Court of Session [or High Court]. On Section 166. (5) That you on or about the day of at in the course of the trial of before, stated in evidence that which statement you either knew or believed to be false, or did not believe to be true, and thereby committed an offence punishable under Section 193 of the Pakistan Penal Code, and within the cognizance of the Court of Session [or High Court]. On Section 193. (6) That you, on or about the day of at , committed culpable homicide not amounting, to murder, causing the death of and thereby committed an offence punishable under Section 304 of the Pakistan Penal Code, and within the cognizance of the Court of Session [or High Court]. On Section 304. (7) That you, on or about the day of at abetted the commission of suicide by A,B, a person in a state of intoxication, and thereby committed an offence punishable under Section 306 of the Pakistan. Penal Code, and within the cognizance of the Court of Session [or High Court]. On Section 306 (8) That you on or about the , day of , at voluntarily caused grievous hurt to , and thereby committed an offence punishable under Section 325 of the Pakistan Penal Code, and within the cognizance of the Court of Session (or High Court], On Section 325. (9) That you, on or about the day of at robbed [state the name], and thereby committed an offence punishable under Section 392 of the Pakistan Penal Code, and; within the cognizance of the Court of Session [or High Court]. On Section 392. (10) That you, on or about the day of at , committed dacoity, an offence punishable under Section 395 of the Pakistan Penal Code, and within the cognizance of the Court of Session (or High Court). On section 395. : (a) I, [name and office of Magistrate, etc.] hereby charge you [name of accused person] as follows:- . (b) First.----That you on or about the day of at , knowing a coin to be counterfeit delivered the same to another person, by name A.B., as genuine, and thereby committed an offence punishable under Section 241 of the Pakistan Penal Code, and within the, cognizance of the Court of Session [or High Court]. On Section 241. Secondly--- That you on or about the day of at , knowing a coin to be counterfeit, attempted to induce another person, by name A.B., to receive it as genuine, and thereby committed an offence punishable under Section 341 of the Pakistan Penal Code, and within the cognizance of the Court of Session (or High Court]. (c) And I hereby direct that you be tried by the said Court on the said charge. [Signature and seal of the Magistrate] [ To be substituted for (b) ]: - [2) First. That you on or about the day of at , committed murder by causing the death of , and thereby committed an offence punishable under Section 302 of the Pakistan Penal Code and within the cognizance of the Court of Session [or High Court]. On Section 302. [In cases tried by Magistrate substitute “within my cognizance” for “within the cognizance of the Court of Session”, and in © omit "by the said Court”]. Secondly —That you on or about the day of at , by causing the death of committed culpable homicide not amounting the murder, and thereby committed an offence punishable under Section 304 of the Pakistan Penal Code, and within the cognizance of the Court of Session [or High Court]. (3)First ----That you, on or about the day of at committed theft, and thereby committed an offence punishable under Section 379 of the Pakistan Penal Code and within the cognizance of the Court of Session [or High Court]. On Section 379 & 382. Secondly —That you, on or about the day of , at , committed theft having made preparation for causing death to a person in order to the committing of such theft, and thereby committed an offence punishable under Section 382 of the Pakistan, Penal Code and within the cognizance of the Court of Session [or High Court ]. Thirdly — That you, on or about the day of , at , committed theft having made preparation for causing restraint to a person in order to the effecting of your escape after the committing of such theft, and thereby committed an offence punishable under Section 382 of the Pakistan Penal Code, and within the cognizance of the Court of Session [or High Court.] . Fourthly.—That you, on or about the day of , at , committed theft, having made preparation for causing fear of hurt to a person in order to the retaining of property taken by such theft and thereby committed an offence punishable under Section 382 of the Pakistan Penal Code, and within the cognizance of the Court of Session [or High Court]. (4) That you, on or about the day of , at , in the course of the inquiry into before stated in evidence that" " and that you, on at about the , day of , at in the course of the trial, of , before stated in the evidence that " ", one of which statements you either knew or believed to be false, or did not believe to be true, and thereby committed an offence punishable under Section 193 of the Pakistan Penal Code, and within the cognizance of the Court of Session [or High Court]. Alternative Charge. On Section 193. [In cases tried by Magistrates substitute "within my cognizance" for "within the cognizance of the Court of Session" and in (c) omit "by the said Court"] (III) Charges for Theft after previous Conviction I, [name and office of Magistrate, etc.] hereby charge you (name of accused person) as follows: That you, on or about the day of at , committed theft, and thereby committed an offence punishable under Section 379 of the Pakistan Penal Code and within the cognizance of the Court of Magistrate, Session [or High Court] as the case may be. And you, the said (name or accused, stand further charged that you, before the committing of the said offence, that is to say on the day of , had been, convicted by the (state Court by which conviction was had) at of an offence punishable under Chapter XVII of the Pakistan Penal Code, with imprisonment for a term of three years, that is to say, the offence of house breaking by night (describe the offence in the words used in the section under which the accused was convicted), which conviction is still in force and effect, and that you are thereby liable to enhanced punishment under Section 75 of the Pakistan Penal Code. And I hereby direct that you be tried, etc. XXIX.-Warrant Commitment on a Sentence of Imprisonment or fine if passed by a Magistrate (See Sections 254 and 258) To the Superintendent [or Keeper) of the Jail at ………………….. Whereas on the day of , 19 (name of prisoner) the (1st, 2nd, 3rd, as the case may be) prisoner in case No. of the Calendar for 19, was convicted before me (name official designation) of the offence of (mention the offence or offences, concisely) under section (or sections) of the Pakistan. Penal Code (or of Act) was sentenced to (state the punishment fully and distinctly). This is to authorize and require you, the said Superintendent (or Keeper), to receive the said prisoner's name) into your custody in the said Jail, together with this warrant, and there carry the aforesaid sentence into execution according to law. Given under my hand and the seal of the Court, this day of 19 . (Seal) (Signature) XXX. Warrant of Imprisonment on Failure to recover Amends by Attachment and Sale (See Section -250) To the Superintendent (or Keeper) of the Jail at …………. Whereas (name and description) has brought against (name and description of the accused person) the complaint that (mention it concisely) and the same has been dismissed as false and frivolous (or vexatious), and the order of dismissal awards payment by the said (name of complainant) of the sum of rupees as amends, and whereas the said sum has not been paid and an order has been made for his simple imprisonment in Jail for the period of days, unless the aforesaid sum be sooner paid; This is to authorize, and require you, the said Superintendent (or Keeper), to receive the said (name) into your custody, together with the warrant, and him safely to keep in the said Jail for the said period of (term of imprisonment), subject to the provisions of Section 69 of the Pakistan Penal Code, unless the said sum be sooner paid, and on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement Certifying the manner of its execution. Given under my hand and the seal of the Court, this day of 19 (Seal) (Signature) XXXI—Summons of Witness (See Sections 69 and 252) To of Whereas complaint has been made before me that of has (or is suspected to have) committed the offence of (state the offence concisely with time and place) and it appears to me that you are likely to owe material evidence for the prosecution; You are hereby summoned to appear before this Court on the day of next at ten O'clock in the forenoon, to testify what you know concerning the matter of the said complaint, and not to depart thence without leave of the Court; and you are hereby warned that, if you shall without just excuse neglect or refuse to appear on the said date a warrant will be issued to compel your attendance. Given under my hand and the seal of the Court this day of ,19 . (Seal) (Signature) XXXII — Precept to District Magistrate to summon Jurors and Assessors Omitted By LRO 1972, item 213 XXXIII.—Summons to Assessor or Juror Omitted By LRO 1972, item 213 XXXIV.—Warrant of Commitment under Sentence of Death (See Section 374) To the Superintendent (or Keeper) of the Jail at ………………. Whereas at the Session held before me on the day of 19 (name of prisoner), the (1st, 2nd, 3rd as the case may be), prisoner in case No. of the Calendar at the said Session, was duly convicted of the offence of culpable homicide amounting to murder under section of the Pakistan Penal Code, and sentenced to suffer death, subject to the confirmation of the said sentence by the Court of This is to, authorise and require you the said Superintendent (or Keeper), to receive the said (prisoner’s name) into your custody in the said Jail, together with this warrant, and him there safely to keep until you shall receive the further warrant or order of this Court, carrying into effect the order of the said Court. Given under my hand and the seal of the Court, this, day of ,19 . (Seal) (Signature) XXXV.— Warrant of Execution on a Sentence of Death (See Section 381) To the Superintendent (or Keeper) of the Jail at …………….. Whereas (name of prisoner, the 1st, 2nd. 3rd, as the case may be) prisoner in case No. ……………of the Calendar at the Session held before me on the day of ,19, has been by a warrant of this Court, dated the day has been by a warrant of this Court. dated the day of , committed to your custody under sentence of death; and Whereas the order of the Court of confirming the said sentence has been received by this Court; This is to authorise and require you, the said Superintendent (or Keeper), to carry the said sentence into execution by causing the said to be hanged by the neck until he be dead, at (time and place of execution), and to return this warrant to the Court with an endorsement certifying that the sentence has been executed. Given under my hand and the seal of the Court, this day of ,191. (Seal) (Signature) XXXVI.—Warrant after a Commutation of a Sentence (See Sections 381 and 382) To the Superintendent (or Keeper) of the Jail at ………………………… Whereas at a Session held on the day of , 19 , (name of prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. of the Calendar at the said Session, was convicted of the offence of punishable under section of the Pakistan Penal Code, and sentenced to and was thereupon committed to your custody and whereas by the order of the Court of (a duplicate of which is hereunto annexed) the punishment adjudged by the said sentence has been commuted to the punishment of transportation for life (or as the case may be); This is to authorize and require you, the said Superintendent (or Keeper), safely to keep the said prisoner's name) in your custody in the said Jail, as by law is required, until he shall be delivered over by you to the proper authority and custody for the purpose of his undergoing the punishment of transportation under the said order. or If the mitigated sentence is one of imprisonment, say, after the words, "custody in the said Jail", "and there to carry into execution the punishment of imprisonment under the said order according to law". Given under my hand and the seal of the Court, this day Of 19 . (Seal) (Signature) XXXVll.—Warrant to levy a Fine by Attachment and Sale (See Section 386 [(i) (a)]) to (name and designation of the Police-officer or other person or persons who is or are to execute the warrant). WHEREAS (name and description of the offender) was on the day of 19 ,convicted before me of the offence of (mention the offence concisely)and sentenced to pay a fine of rupees and whereas the said (name), although required to pay the said fine, has not paid the same or any part thereof; This is to authorize and require to attach any movable property belonging to the said (name) which may be found within the district of ; and, if within (state the number of days or hours allowed) next after such attachment the said sum shall not be paid (or forthwith), to sell the movable property attached, or so much thereof as shall be sufficient to satisfy the said fine, returning this Warrant, with an endorsement certifying what you have done under it, immediately upon its execution. Given under my hand and the seal of Court, this day of , 19 . (Sea/) (Signature) XXXVll-A.-Bond for appearance of offender released pending realisation of fine (See Section 388) WHEREAS (name), inhabitant of (place), have been sentenced to pay a fine of rupees ……and in default of payment thereof to undergo imprisonment for ; and whereas the Court has been pleased to order my release on condition of my executing a bond for my appearance on the following date (or dates) namely:-- I hereby bind myself to appear before the Court of at O'clock [on the following date (or dates) namely: ], and in Case of making default herein, I bind myself to forfeit to Government, the sum of rupees. Dated this day of , 19 . (Signature) Where a bond with sureties is to be executed, add-- We do hereby declare ourselves sureties for the above named that he will appear before the Court of on the following date (or dates), namely and, in case of his making default therein, we bind ourselves jointly and severally to forfeit to Government the sum of rupees (Signature) XXXVIII.—Warrant of Commitment in certain cases of Contempt when a Fine is imposed (See Section 480) To the Superintendent (or Keeper) of the Jail at: …………………….. WHEREAS a Court held before me on this day (name and description of the offender) in the presence (or view) of the Court committed wilful contempt; And Whereas for such contempt the said (name of offender) has been adjudged by the Court to pay a fine of rupees on in default to suffer simple imprisonment for the space of (state the number of months or days); This is to authorize and require you, the Superintendent (or Keeper) of the said Jail, to receive this said (name of offender into your custody), together with this warrant and him safely to keep in the said Jail for the said period of (term of imprisonment), unless the said fine be sooner paid; and, on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of its execution. Given under my hand and the seal of the Court, this day of ,19, (Seal) (Signature) XXXIX.—Magistrate's or Judge's Warrant of Commitment of witness refusing to answer (See Section 485) To (name of description of officer of Court) WHEREAS (name and description), being summoned (or brought before this Court) as a witness and this day required to give evidence on an inquiry into an alleged offence refused to answer a certain question (or certain questions) put to him touching, this said alleged offence, and duly recorded, without alleging any just excuse for such refusal, and for his contempt has been adjudged detention in custody for (term of detention adjudged). This is to authorize and require you, to take the said (name) into custody, and him safely to keep in your custody for the space of days, unless in the meantime he shall consent to be examined and to answer the questions asked of him, and on the last of the said days, or forthwith on such consent being known, to bring him before this Court to be dealt with according to law, returning this warrant with an endorsement certifying the manner of its execution. Given under my hand and the seal of the Court, this day of ,19 (Seal) (Signature) XL-Warrant of Imprisonment on Failure to pay Maintenance (See Section 488) [Omitted by Ord. XXVII of 1981] XLI. Warrant to enforce the Payment of maintenance by Attachment and Sale (See Section 488) [Omitted By Ord. XXVII of 1981.] XLII.—Bond and Bail bond on a Preliminary Inquiry before a Magistrate (Omitted by LRO., 1972 item 273). XLIII.—Warrant to discharge a Person Imprisoned on Failure to give Security (See Section 500) To the Superintendent (or Keeper) of the Jail at …………… (or other officer in whose custody the person is) WHEREAS (name and description of prisoner) was committed to your custody under warrant of this Court, dated the day of and has since with his surety (or sureties) duly executed a bond under Section 499 of the Code of Criminal Procedure; This is to authorize and require you forthwith to discharge the said (name) from your custody, unless he is liable to be detained for some other matter. Given under my hand and the seal of the Court, this day of 19 . (Seal) (Signature) XLIV.—Warrant of Attachment to enforce a Bond (See Section 514) To the Police-officer Incharge of the Police-station at ……………. WHEREAS (name description and address of person) has failed to appear on (mention the occasion) pursuant to his recognizance, and has by such default forfeited to Government the sum of rupees (the penalty in the bond); and whereas the said (name of person) has on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him; This is to authorize and require you to attach any movable property of the said (name) that you may find within the district of , by seizure and detention; and, if the said amount be not paid within three days, to sell the property so attached or so much of it as may be sufficient to realise the amount aforesaid, and to make return or what you have done under this warrant immediately upon its execution Given under my hand and the seal of the Court, this day of 19 . (Seal) (Signature) XLV.-Notice to Surety on Breach of a Bond (See Section 514) To of Whereas on the day of , 19 , you became surety for (name) of (place) that he should appear before this Court on the day of and bound yourself in default thereof to forfeit the sum of rupees to Government and whereas the said (name) has failed to appear before this Court and by reason of such default you have forfeited the aforesaid sum of rupees. You are hereby required to pay the said penalty or show cause, within days from this date, why payment of the said sum should not be enforced against you. Given under my hand and the seal of the Court, this day of ,19 . (Seal) (Signature) XLVI.—Notice to Surety of Forfeiture of Bond of Good Behaviour (See Section 514) To WHEREAS on the day of ,19, you became surety by a bond or (name) of (place) that he would be of good behaviour for the period of and bound yourself in default thereof to forfeit the sum of rupees to Government and whereas the said (name) has been convicted of the offence of (mention the offence concisely) committed since you became such surety, whereby your security bond has become forfeited; Your are hereby required to pay the said penalty of rupees or to show cause within days why it should not be paid. Given under my hand and the seal of the Court, this day of , 19 . (Seal) (Signature) XLVII.—Warrant of attachment against a Surety (See Section 314) To of WHEREAS (name description and address) has bound himself as surety for the appearance of (mention the condition of the bond), and the said (name) has made default, and thereby forfeited to Government the sum of rupees , (the penalty in the bond), This is to authorize and require you to attach any movable property of the said (name) which you may find within the district of , by seizure and detention; and, if the said amount be not paid within three days, to sell the property so attached, or so much of it as may be sufficient to realize the amount aforesaid, and make return of what you have done under this warrant immediately upon its execution. Given under my hand and the seal of the Court, this day of ,19 (Seal) (Signature) XLVIIl,—-Warrant of Commitment of the Surety of an Accused Person admitted to Bail (See Section 514) To the Superintendent (or Keeper) of the Civil Jail at …………….. WHEREAS (name and description of surety) has bound himself as a surety for the appearance of (state the condition of the bond) and the said (name) has therein made default whereby the penalty mentioned in the said bond has been forfeited to Government and whereas the said (name, of surety) has, on due notice to him. failed to pay the said sum or show any sufficient cause why payment should not be enforced against him, and the same cannot be recovered by attachment and sale of movable property of his, and an order has been made for the imprisonment in the Civil Jail for (specify the period}; This is to authorize and require you the said Superintendent (or Keeper), to receive said (name) into your custody with this warrant and him safely to keep in the said Jail for the said (term of imprisonment), and to return this warrant with an endorsement certifying the manner of its execution. Given under my hand and the seal of the Court, this day of , 19 . (Seal) (Signature) XLIX--Notice to the Principal of Forfeiture of a Bond to keep the Peace (See Section 514) To (name, description and address) WHEREAS on the day of , 19 , you entered into a bond not to commit, etc. (as in the bond), and proof of the forfeiture of the same has been given before me and duly recorded; You are hereby called upon to pay the said penalty of rupees or to show cause before me within days why payment of the same should hot be enforced against you. Given under my hand and the seal of the Court, this day of , 19 . (Seal) (Signature) L.-Warrant to attach the property of the Principal on Breach of a Bond to keep the Peace (See Section 514) To (name and designation of Police-officer), at the Police-station of ………. Whereas (name and description) did, on the day of 19 , enter into a bond for the sum of rupees binding himself not to commit a breach of the peace, etc. (as in the bond), and proof of the forfeiture of the said bond has been given before me and duly recorded; and where as notice has been given to the said (name) calling upon him to show cause why the said sum should not be paid, and he has failed to do so or to pay the said sum; This is to authorise and require you to attach by, seizure movable property belonging to the said (name) to the value of rupees which you may find, within the district of and if the said sum be not paid within to sell the property so attached or so much of it as may be sufficient to realise the same; and to make return of what you have done under this warrant immediately upon its execution. Given under my hand and the seal of the Court, this day of ,19 (Seal) (Signature) LI-Warrant of Imprisonment on Breach of a Bond to keep the Peace . (See Section 514) To the Superintendent (or Keeper) of the Civil Jail at …………………. Whereas proof has been given before me and duly recorded that (name and description) has committed a breach of the bond entered into by him to keep the peace, whereby he has forfeited to Government the sum of rupees ; and whereas the said (name) has failed to pay the said sum or to show cause why the said sum would not be paid, although duly called upon to do so and payment thereof can not be enforced by attachment of his movable property, and an order has been made for the imprisonment of the said (name) in the Civil Jail for the period of (term of imprisonment). This is to authorize and require you, the said Superintendent (or Keeper) of the said Civil Jail, to receive the said (name) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of (term of imprisonment), and to return that warrant with an endorsement certifying the manner of its execution, Given under my hand and the seal of the Court, this day of ,19 (Seal) (Signature) Lll. Warrant of Attachment and sale on Forfeiture of Bond for Good Behaviour (See Section 514) To the Police-officer incharge of the Police-station at ………………. WHEREAS (name, description and address) did on the day of ,19 , give security by bond in the sum of rupees for the good behaviour of (name, etc., of the principal) and proof has been given before me and duly recorded of the commission by the said (name) of the offence of whereby the said bond has been forfeited; and whereas notice has been given to the said (name) calling upon him to show cause why the said sum should not be paid, and he has failed to do so or to pay the said sum; This is to authorize and require to you to attach by seizure movable property belonging to the said (name) to the value of rupees which you may find within the district of and, if the said sum be not paid within , to sell the property so attached, or so much of it as may be sufficient to realise the same, and to make return of what you have done under this warrant immediately upon its execution. Given under my hand and the seal of the Court, this day of ,19 (Seal) (Signature) LIII.-Warrant of Imprisonment on Forfeiture of Bond for Good Behaviour (See Section 514) To the Superintendent (or Keeper) of the Civil Jail at …………………. WHEREAS (name, description and address), did, on the day of , 19 , give security by bond in the sum of rupees for the good behaviour of (name etc, of the principal) and proof of the breach of the said bond has been given before me and duly recorded, whereby the said (name) has forfeited to Government the sum of rupees , and whereas he has failed to pay the said sum or to show cause why the said sum should not be paid although duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property, and an order has been made for the imprisonment of said (name) in the Civil Jail for the period of (term of imprisonment); This is to authorise and require you, the Superintendent (or Keeper) to receive the said (name) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of (term of imprisonment), returning this warrant with an endorsement certifying the manner of its execution. Given under my hand and the seal of the Court, this day of , 19 . (Seal) (Signature)

Code_of_criminal_procedure_1898.pdf

Code_of_criminal_procedure_1898.pdf