Untitled Document

THE
CODE OF CRIMINAL PROCEDURE, 1898
[ACT V OF 1898]

[22nd March, 1898]

An Act to consolidate and named amend the law relating to the Criminal Procedure.

WHEREAS 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: Commencement.--- (1) This Act may be called the Code of Criminal Procedure, 1898.

(2) Extent. It extents 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 now in force or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.

Important Note: Several amendments were made in the Code of Criminal Procedure through Ordinance No. XXXVII of 2001. Sub section (2) of section of Ord. XXXVII of 2001 was reading as follows:-

(2) It shall come into force on the 14th day of August 2001.

However, this sub section (2) has been amended for Islamabad Capital territory as under:-

(2) It shall come into force on the 14th day of August 2001 1[except in Islamabad Capital territory where it shall come into force on such date as the Federal Government may, by notification in official Gazette specify.]

[Important Note. This Book incorporates amendments in Cr.P.C. by amending Acts. Order and Ordinances from 1860 uptodate. Vide their notifications the Baluchistan Government,3 N.W.F.P. Government4 and Sindh Government5 have enforced, amendments in Cr.P.C envisaged by items of Schedule to Law Reforms Ordinance, 1972 has amended by Law Reforms (Amendment) Act, 1976]. Hence, only such amendments by Law Reforms Legislation (1972-1976 are incorporated in body of Cr.P.C. which have been notified to be in force.

Provisions of Cr.P.C. applicable to offences to offences under Islamic Law. Section 27, Prohibition (Enforcement of Hadd) Order, 1979 (P.O. No.4 of 1979), Section 24, Offences Against Property (Enforcement of Hadood) Ordinance, 1979 (Ord. VI of 1979), and Section 17, Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ord. VIII of 1979), provide as follows:---

(1) Unless otherwise expressly provided in this Order/Ordinance the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898) hereinafter referred to as the said Code, shall apply, mutatis mutandis, in respect of cases under this Order/Ordinance:

Provided that, if it appears in evidence that the offender has committed a different offence under any other law, he may, if the Court is competent to try that offence and to award punishment therefore, be convicted and punished for that offence”.]

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

3. Reference to Code of Criminal Procedure and other repealed enactments.--- (1) In every enactment passed before this Code comes into force in which reference is made to, or to any, chapter or section of the Code of Criminal Procedure, Act XXV of 1816 or Act X of 1877, or Act of 1872, or Act X of 1882 or to any other enactment hereby repealed, such reference shall, so far as may be practicable, be taken to be made to this Code or to its corresponding chapter or section.

(2) Expression in former Acts. In every enactment passed before this Code comes into force the expressions “Officer exercising (or ‘having’) the powers (or ‘the full power’) of a 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,” 1[***] 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 context;---

(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;

(d) [Repealed by Repealing & Amending Act, XI of 1923]

(e) [Omitted by Law Reforms Ordinance, 1972]

(f) “Cognizable offence”; “Cognizable case”. “Cognizable offence means an offence for, and “cognizable case” means a case in, which a police officer, may, in accordance with the Second Schedule or under any law for the time being in force, arrest without warrant;

(g) [Repealed by A.O., 1949]

(h) “Complain”. “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) [Repealed by Act II of 1950].
(j) “High Court”. “High Court” means the highest Court of criminal appeal or revision for a Province;

(k) “Inquiry”. “Inquiry” includes every inquiry other than a trial conducted under this Code by a Magistrate or Court;

(l) “Investigation”. “Investigation” includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf;

(m) “Judicial proceeding”. “Judicial proceeding” includes any proceeding the course of which evidence is or may be legally taken on oath;

1(ma) “Magistrate” means a Judicial Magistrate and includes a Special Judicial Magistrate appointed under sections 12 and 14;”.

(n) “Non-cognizable offence”; “Non-cognizable case”. “Non- cognizable offence” means an offence for, and “non-cognizable case” means a case in which a police officer, may not arrest without warrant;

(o) “Offence”. “Offence” means any act or omission made punishable by any law for the time being in force; it also includes any act in respect of which a complaint may be made under section 20 of the Cattle Trespass Act, 1871

(p) “Officer-in-charge of a police station” : “Officer-in-charge of a police station” includes, when the officer-in-charge of the police station in absent from the station-home or unable from illness or other course to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when the Provincial Government so directs, any other police officer so present;

(q) “Place”. “Place” includes also a house, building, tent and vessel;

(r) “Pleader”. “Pleader”, used with reference to any proceeding in any Court, means, a pleader or a mukhtar authorized under any law for the time being in force to practice in such Court, and includes (1) an advocate, a vakil and an attorney of a High Court so authorized, and (2) any other person appointed with the 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 in this behalf;

(t) “Public Prosecution”. “Public Prosecution” means any person appointed under section 492, and includes any person acting under the directions of a Public Prosecution 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) and (w) [Omitted by Law Reforms Ord., 1972].

(2) Words referring to acts: Words to have same meaning as in Pakistan Penal Code. Words which refer to acts done, extend also to illegal omission; and

all words and expressions used herein and defined in the Pakistan Penal Code, and not hereinbefore defined, shall be deemed to have the meaning 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, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.

(2) Trial of offences against other laws. All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.

_________

PART II

CONSTITUTION AND POWERS OF CRIMINAL
COURTS AND OFFICES

CHAPTER II

OF THE CONSTITITION OF CRIMINAL COURTS
AND OFFICES

A. --- Classes of Criminal Courts

1[6. Classes of Criminal Courts and Magistrates.--- (1) Besides the High Courts and the Courts constituted under any law other than this Code for the time being in force, there shall be two classes of Criminal Courts in Pakistan, namely:---

(i) Courts of Session;

(ii) Courts of Magistrates.

(2) There shall be the following classes of Magistrates, namely:-

1[(i)] Magistrate of the first class

(ii) Magistrate of the second class; and

(iii) Magistrate of the third class.]

B.--- Territorial Divisions

7. Sessions divisions and districts.--- (1) Each Province shall consist of sessions 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.

8. Power to divide districts into sub-divisions.--- (1) The Provincial Government may divide any district into sub-divisions, or make any portion of any such district a sub-division, and may alter the limits of any sub-division.

(2) [Omitted by Ordinance No. XXXVII of 2001]

C. --- Courts and Offices

9. Court of Session.--- (1) The Provincial Government shall establish a Court of Session for every session division, and appoint a Judge of such Court.

(2) The Provincial Government may, by general or special order in the official Gazette, direct at what place or places the Court of Session shall hold its sitting; but until such order is made, the 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 cases at such place or places in either division as the Provincial Government may direct.

(5) All Courts of Session existing when this Code comes into force shall be deemed to have been established under this Act.

10. [Omitted by Ordinance No. XXXVII of 2001]

11. [Omitted by Ordinance No. XXXVII of 2001]

12. [Judicial] Magistrate.--- (1) The Provincial Government may appoint many persons as it thinks fit, 11[x x x x x x x x x x ] to be Magistrates of the first, second or third class in any district, and [x x x x x x x x x x ] may form time to time, define local areas within which such persons may exercise all or any of the powers with which they may respectively be invested under this Code.

(2) Local limits of their jurisdiction. Except as otherwise provided by such definition, the jurisdiction and powers of such persons shall extend throughout such district.

13. [Omitted by Ordinance No. XXXVII of 2001]

14. Special Judicial 1[***] --- (1) The Provincial Government may, on the recommendation of the High Court, confer upon any person 2[“, including a former executive Magistrate,”] all or any of the powers conferred or conferable by or under this Code on a Judicial Magistrate, or in regard to cases generally in any local area.

(2) Such Magistrates shall be called Special Judicial Magistrates and shall be apppointed for such term as the Provincial Government may, in consultation with the High Court, by general or special order, direct.

(3) [Omitted by Ordinance No. XXXVII of 2001]

(4) [Omitted by Ordinance No. XXXVII of 2001]

(5) [Omitted by Ordinance No. XXXVII of 2001]

15. Benches of Magistrates.--- (1) The Provincial Government may direct any tow or more [***]1 Magistrates in any place to sit together as a Bench, and may be order invest such Bench with any of the powers conferred or conferable by or under this Code in Magistrate of the first, second or third class, and direct it to exercise such powers in such cases, of such cases only, and within such local limits, as the Provincial Government thinks fit.

(2) Powers exerciseable by Bench in absence of special direction. Except as otherwise provided by any order under this section every such Bench shall have the powers conferred by this Code on a Magistrate of the highest class to which any one of its members, who is present taking part in the proceedings as a member of the Bench, belongs, and as for as practicable shall, for the purposes of this Code, be deemed to be a Magistrate of such class.

16. Power to frame rules for guidance of Benches.--- The Provincial Government may, 2[***] from time to time, make rules consistent with this Code guidance of Magistrates’ Benches in any district respecting the following subjects:---

(a) the classes of cases to be tried;

(b) the times and places of sitting;

(d) the mode of setting differences of opinion which may arise between the Magistrates in sessions.

17. Subordination of 1[***] Magistrates and Benches to Sessions Judge.--- (1) All 2[***] Magistrates appointed under sections 12 and 14, and all Benches constituted under Section 15, shall be subordinate to the Sessions Judge, and he may, form 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) [Omitted by Ordinance No. XXXVII of 2001]

(2A) [Omitted by Ordinance No. XXXVII of 2001]

(3) Subordinate of Assistant sessions Judge 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 Session Judges.

(4) The Sessions Judge may also when the himself is unavoidably absence or incapable of acting, make provision for the disposal of any urgent application by Additional or Assistant Sessions Judge and such Judge shall have jurisdiction to deal with any such application.

(5) 1[Omitted by Ordinance No. XXXVII of 2001]
D. --- Courts of Presidency Magistrates

18 to 21. Appointment of Presidency Magistrate, Benches, Local limits of jurisdiction, Chief Presidency Magistrate. [Omitted by A.O. 1949].

E. --- Justice of the peace

8]22. Appointment of Justices of the Peace.--- The Provincial Government may be notification in the official Gazette, appoint for such period as may be specified in the notification, and subject to such rules as may be made by it any person who is a citizen of Pakistan and as to whose integrity and suitability it is satisfied to be a justice of the Peace for a local area to be specified in the notification and more than one justice of the Peace may be appointed for the same local area.

22-A. Power of Justices of the Peace.--- (1) A Justice of the Peace for any local area shall, for the purpose of making an arrest have within such area all the powers of the Police officer referred to in section 54 and of 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-in-charge of he 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 exits 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 peach or a disturbance of the public tranquility.

(4) Where a member of the police force on duty has been called upon to render 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 and document brought before him by any such person, or

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 Justice 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 office 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 office-in-charge of the nearest police station;

(b) if the offence referred to in clause (a) is a cognizable offence, also prevent the removal of any thing from, or the interference in any way with, the place of occurrence of the offence;

(c) when so required in writing by a police officer making an investigation under Chapter XIV in respect of any offences 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. Justice of the Peace for the Presidency-towns. Present Justice of the Peace. [Rep. by the Criminal Law Amendment Act, 1923 (XII of 1923), S. 4.]

25. Ex-officio Justice of the peace.--- In virtue of their respective offices, the Judge of the High Courts are Justice of the Peace within and for the whole of Pakistan, Sessions Judges 1[***] are Justices of the Peace within and for the whole of the territories administered by the Provincial Government under which they are serving.

Suspensions and removal

26 and 27. Suspension and removal of Judges and Magistrates, Suspension and removal of Justice of the Peace. [Rep. by A.O. 1937.]

CHAPTER III

POWERS OF COURTS

28. Offences under Penal Code.--- Subject to the other provisions of this Code any offence under the Pakistan Pena2l Code may be tried:

(a) by the High Court; or

(b) by the Court of Sessions; or

3[***]3.

Illustration

A is tried by the Session Court on a charge of culpable homicide. He may be convicted of voluntarily causing hurt, and offence triable by a Magistrate.

29. Offences under other laws.--- (1) Subject to the other provisions of this Code, any offence under any other law shall when any Court is mentioned in this behalf in such law:

(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 Eight Column of the Second Schedule to be triable.1

2[***1]

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

29-B. Jurisdiction in the case 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 Schools 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 of any of the powers conferred thereby.]

130. Offences not punishable with death. Notwithstanding anything contained in section 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.

B. Sentences which may be passed by Courts of various Classes

1a31. Sentences which High Court and Session Judges may pass.--- (1) A High Court may pass nay sentence authority by law.

(2) A Sessions Judge or Additional Session s Judge may pass any sentence authorized by law; but any sentence of death passed by any such Judge shall by subject to confirmation by the High Court.

(3) An Assistant Sessions Judge may pass any sentence authorized by law, except a sentence of death or of 1[imprisonment for life] or of imprisonment for a term exceeding seven years.

COMMENTARY

Sentences which High Courts and Sessions Judges may pass. In section 31 of the Criminal Procedure code, sub-section (1) empowers the High Court to pass any sentence authorized by law, and sub-section (2) gives similar power to a Sessions Judge or Additional Sessions Judge adding the condition that any sentence of death passed by any such Judge shall be subject to confirmation by the High Court. The wording of these two provisions clearly indicates that there is a substantial difference between the passing of a sentence and the confirmation thereof in the eye of framers of the Code, and subsequent provisions appearing in Chapter XXVII serve only to strengthen this impression.1b

32. Sentences which 1[Judicial Magistrates] may pass.--- (1) The Courts of 1[Judicial Magistrate] may pass the following sentences namely:---

(a) Courts of Magistrate of the first class: Imprisonment for a term not exceeding three years including such solitary confinement as is authorised by law:
Fine not exceeding fifteen thousand rupees; arsh daman;
Whipping:
(b) Courts of Magistrate; Imprisonment for a term not exceeding [one year] including such solitary confinement as is authorized by law;

Fine not exceeding 3a[five thousand] rupees.
(c) Courts of Magistrates of the third class; Imprisonment for a term not exceeding one month;

Fine not exceeding 3b[one thousand] rupees.

(2) The Court of any Magistrate may pass any lawful sentences combining any of the sentences which it is authorized by law to pass.

33. Power of Magistrates to sentence to imprisonment in default of fine. Proviso as to certain cases.--- (1) The Court of any Magistrate may award such terms of imprisonment in default of payment of fine as is authorized by law in case of such default:
Provided that:---

(a) The term is not in excess of the Magistrate’s powers under this Code;

(b) In any case decided by a Magistrate where imprisonment has been awarded as part of the substantive sentence the period of imprisonment awarded in default of payment of the fine shall not exceed one-fourth of the period of imprisonment which such Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.

(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awarded by the Magistrate under section 32.

34. [Omitted by Ordinance XII of 1972].

Omitted Section is given below:---

34. Higher powers of certain 3a[xxx].--- The Court of a Magistrate specially empowered under section 30, may pass any sentence authorized by law except a sentence of death or imprisonment for a term exceeding seven years.

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

35. Sentence in cases 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 72 of the Pakistan Penal Code, sentence him, for such offences, to the several punishments prescribed therefor which such Court is competent to inflict; such punishment when consisting of imprisonment 4[x x x x x x x x x x x x x x] 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, 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 such person be sentenced to imprisonment for a longer period than fourteen years;

(b) If the case is tried by a Magistrate 4[x x x x x x x x x] the aggregate punishment shall not exceed twice the amount of punishment which he is, in the exercise of his ordinary jurisdiction, competent to inflict.

(3) For the purpose of appeal, the aggregate of consecutive sentences passed under this section in case of convictions for several offences at one trial shall be deemed to be a single sentence.

COMMENTARY

In the absence of any evidence to prove that the sole articles were received by the appellant not at one and the same time but at different times separate convictions and sentences cannot be legally sustained. In the circumstances of the case we would treat the separate Courts for receiving stolen property a single offence although the thefts relating to them may have taken place on different dates in different places and regarding properties belonging to different persons.4a

Imprisonment for life. Sentence of. Whether Section 35, Cr.P.C. compels Court which has sentenced a person to life imprisonment with any other or similar sentence, to order said sentences to run concurrently. Question of. Like sentence of death which, when executed, excludes execution of a similar sentence, serving out of a sentence of life imprisonment, by legal fiction, would amount to serving out of a sentence for remaining span of normal life of convict, thus debarring any further execution of any other or similar sentence awarded in same trial. Held: A sentence of imprisonment for life cannot be permitted to run consecutively with any other or similar sentence awarded in same trial.4b

Sections 35(1) & 397 --- Basic Difference: - The provisions of section 397 as well as section 35(1) Cr.P.C. deals with altogether different situations. The basic difference, between the two provisions, is that where, section 397 Cr.P.C. prescribes for the running of different sentences inflicted on an offender at different trials, for different offences, without any clog of time, place and nature of offence. Section 35 Cr.P.C enjoins that it would come into play only, when a person is convicted at one trial of two or more offences. So apparently both these sections are not in conflict with each other, rather it catter for and deals with different situations and since a direction under section 35 Cr.P.C. is contingent on the conviction of a person for several offences at one trial.4c

C.--- Ordinary and Additional Powers

36. Ordinance powers of Magistrates.--- All 5[Judicial and Executive Magistrates], have the powers, hereinafter respectively conferred upon him and specified in the Third Schedule. Such powers are called their “ordinance powers.”

6[37. Additional powers conferrable on Magistrates.--- On the recomme6ndations 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.

38. [Omitted by Ordinance No. XXXVII of 2001]

D.--- Conferment, continuance and
Cancellation of Powers

39. Mode of conferring powers.--- (1) In conferring powers under this Code Provincial Government may be order, empower persons specially by name or in virtue of their office or classes of official generally by their official title.

(2) Every such order shall take effect from the date on which it is communicated to the person so empowered.

40. Powers of officers appointed.--- Whenever any person holding an office in the service of Government who has been invested with any powers under this Code though out any local area in 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.

1[41. Withdrawal of Powers---1 (1) The Provincial Government may, on the recommendations of the High Court, withdraw all or any powers conferred by it under this Code on any person or Magistrate,

-----------------

PART II

GENERAL PROVISIONS
CHAPTER IV
OF AID AND INFORMATION TO THE MAGISTRATES, THE POLICE AND PERSONS MAKING ARREASTS

42. Public when to assist Magistrate 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 where such Magistrate or police officer is authorized to arrest;

(b) in the prevention or suppression of a breach of the peace, or in the prevention of any injury attempted to be committed to any railway, canal, telegraph or public property.

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

44. Public to give information of certain offences.--- (1) Every person aware of the commission of, or the intention of any other person to commit, any offence punishable under any of the following sections of the Pakistan Penal Code, namely, 121, 121A, 122, 123, 123A, 124, 124A, 125, 126, 130, 143, 144, 145, 147, 148, 153A, 161, 162, 163, 164, 165, 168, 170, 231, 232, 255, 302, 303, 304, 304A, 364A, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 456, 457, 458, 459, 460 and 489A, shall, in the absence of reasonable excuse, the burden of proving which shall lie upon the person so aware, forthwith give information to the nearest magistrate 1[Justice of the Peace] or police officer of such commission or intention.]

(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, land-holders and others bound to report certain matters.--- (1) Every village-headman, accountant, village-accountant, village police officer, owner or occupier of land, and the agent of any such owner or occupier in charge of the management of that land and every officer employed in the collection of revenue or rent of land on the part of the Government or the Court of Wards, shall forthwith communicate to the nearest Magistrate 3[or Justice of the Peace] or the officer-in-charge of the nearest police station whichever is the nearer, any information which he may possess respecting:---

(a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in any village of any village of which he is headman, accountant, watchman or police officer, or in which he owns or occupies land, or is agent, or collects revenue or rent;

(b) the resort to any police within, or the passage through, such village of any person whom he knows, or reasonably suspects to be a thug, robber, escaped convict or proclaimed offender;

(c) the commission of, or intention to commit, in or near such village any non-bailable offence or any offence punishable under sections 143, 144, 145, 147 or 148 of the Pakistan Penal Code.

(d) the occurrence in or near such village or any sudden or unnatural death or of any death under suspicious circumstances; or the discovery in or near such village of any corpse or part of a corpse, in circumstances which lead to a reasonable suspicion that such a death has occurred or the disappearance from such village of any person in circumstances which lead to a reasonable suspicion that a non-bailable offence has been committed in respect of such person;

(e) the commission of, or intention to commit, at any place out of Pakistan near such village any act which, if committed in Pakistan would be an offence punishable under any of the following sections of the Pakistan Penal Code, namely, 231, 232, 233, 234, 235, 236, 237, 238, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459, 460, 489A, 489B, 489C and 489D;

(f) any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property respecting which 1[Any officer authorized by the Provincial Government1] 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-land; and

(ii) the expression “proclaimed offender” includes any person proclaimed as an offender by any Court or authority established or continued by the Central Government in any part of Pakistan, in respect of any act which if committed in Pakistan, would be punishable, under any of the following sections of the Pakistan Penal Code, namely, 302, 304, 382, 392, 394, 395, 396, 397, 398, 399, 403, 435, 436, 449, 450, 457, 458, 459 and 460.

(3) Appointment of village-headman 2[District officer (Revenue)] 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 may from time to time appoint one or more persons with his or their consent to perform the duties of a village-headman has or has not been appointed for that village under any other law.

CHAPTER V

OF ARREST, ESCAPE AND RETAKING

A.--- Arrest generally

46. Arrest how made.--- (1) In making an arrest the police officer other person making the same shall actually touch or confine the body of the person be arrested, unless there be a submission to the custody by word or action.

(2) Resisting 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 2[imprisonment for life.]

47. Search of place entered by person sought to be arrested.--- If any person acting under a warrant of arrest, or any police officer having authority to arrest has reason to believe that 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 persons 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 such place cannot be obtained under section 47 it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police officer to enter such place and search therein, and in order to effect an entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance.

Breaking open zanana. Provided that if any such place is an apartment in the actual occupance of a woman (not being the person to be arrested) who, according to customs, does not appear in public such person or police officer shall, before entering such apartment, give notice to such woman that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it.

49. Power to break open doors and windows for purposes of liberation.--- Any police or other person authorized to make an arrest may break open any out 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.
COMMENTARY

Fact that girl below age of 16 years, does not make marriage itself invalid, adult person contracting such marriage or persons solemnizing same may, however, be held criminally liable.2a

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

B.--- Arrest without Warrant

54. When police may arrest without warrant.---(1) Any police officer may, without an order from a Magistrate and without a warrant, arrest:---

firstly, any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of his having been so concerned;

secondly, any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking;

thirdly, any person who has been proclaimed as an offender either under this Code or by order of the Provincial Government;

fourthly, any person in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such things;

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 deserted from the armed forces of Pakistan, 5[x x x x x x x x x]

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 5[x x x x x x x x x x x x ] or otherwise, liable to be apprehended or detained in custody in Pakistan.

eightly, any release convicted 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.

55. Arrest of vagabonds, habitual robbers, etc.--- (1) Any officer-in-charge of a police station may, in like manner, arrest or cause to be arrested:---

(a) any person found taking precautions to conceal his presence within the limits of such stations, under circumstances which afford reason be believe that he is taking such precautions with a view to committing a cognizable offence; or

(b) any person within the limits of such station who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself; or

(c) any person who is by repute an habitual robber, house-breaker or thief, or an habitual receiver of stolen property knowing it to be stolen or who by repute habitually commits extortion habitually puts or attempts to put persons in fear of injury.

56. Procedure when police officer deputes subordinate to arrest without warrant.--- When any officer-in-charge 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 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.

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 o 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 but 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 7[having jurisdiction] if so required:

Provided that, if such person is not resident in Pakistan, the bond shall be secured by surety or sureties in Pakistan.

(3) Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to nearest Magistrate having jurisdiction.

58. Pursuit of offenders into other jurisdiction.--- A police officer may, for the purpose of arresting without warrant any person whom he is authorized to arrest under this, Chapter, pursue such person into any place in Pakistan.

8[Explanation.--- In this section, “police officer” includes a police officer acting under this Code as in force in Azad Jammu and Kashmir].

59. Arrest by private persons and procedure on such arrest.--- (1) Any private person may arrest any person who in his view commits a non-bailable and cognizable offences, 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 reasons to believe to be false, he shall be dealt with under the provisions of section 57. If there is no sufficient reasons to believe that he has committed any offence, he shall be at once released.

COMMENTARY

This section should not be construed so as to burden the Legislature with the intention that in providing a shield to private individual to apprehend the culprits who commit cognizable and non-bailable offences in their presence, it had intended that this shield is to be limited only for these individuals who actually see the commission of the crime with their own eyes and is not available to those who come to their assistance on their out cry for help. Such a restricted view could destroy the much wanted but rarely displayed public spirit on the part of the neighbours and others who might come to the rescue of the victims of dastardly crimes and help them in bringing the culprits to book.8a

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

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

62. Police to report apprehension.--- Officer-in-charge of police station shall report to the 8b[“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.

8c[Provided that in the application of this section 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 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.]
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, or 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 I any place in Pakistan.

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

CHAPTER VI
OF PROCESSES TO COMPEL APPEARANCE

A. --- Summons

68. Form of summons.--- (1) Every summons issued by a Court under this Code shall be in writing in duplicate, signed and sealed by the presiding officer of such Court, or by such other officer as the High Court may, from time, by rule, direct.

(2) Summons by whom served. Such summons shall be served by a police 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:

9[Provided that the Court may, at the request of the complainant or the accused, allow him to serve the summons on his own witnesses.]

69. Summons how served.--- (1) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons.

(2) Signature of receipt for summons. Every person on whom a summons is so served shall 10[x x x x x x x x x x] sign a receipt therefor on the back of the other duplicate.

(3) Service of a summons on an incorporated company or other body corporate may be effected by serving it on the secretary, local manager or other principal officer of the corporation or by registered post letter addressed to the chief officer of the corporation in Pakistan. In such case the service shall be deemed to have effected when the letter would arrive in ordinary course of post.

70. Service when person summoned cannot be found.--- Where the person summoned cannot by the exercise of due diligence be found the summons may be served be 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 10[x x x x x], sign a receipt therefor on the back of the other duplicate.

71. Procedure when service cannot be effected as before provided.—If service in the manner mentioned in sections 69 and 70 cannot by the exercise of the 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. 1[Service on servants of State, statuary body or Company.--- (1) Where the person summoned is in the active service of the State or of 1[a statutory body or a Company], the Court issuing the summons shall ordinary 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 residence or is, to be there served.

74. Proof of Service in such cases and when serving 2[person] not present.--- (1) When a summons issued by a Court is served outside the local limits of its jurisdiction, and in any case where the 2[person] who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed 9in manner provided by section 69 or section 70) by the person to whom it was delivered or tendered or with whom it was left shall be admissible in evidence, and the 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 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 sent of the Court.

(2) Continuance of warrant of arrest.--- (1) Any Court issuing a warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.

76. Court may direct security to be taken.--- (1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executed a bond with sufficient sureties for his attendance before the Court of a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.

(2) The endorsement shall state:---

(a) the number of sureties;

(b) the amount is 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. (1) Warrants to whom directed.--- A warrant so arrest shall ordinarily be directed to one or more police officers, but any Court issuing officer is immediately available, direct it to any other persons or persons and such persons shall executed 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 land-holders, etc.--- (1) A 1[Magistrate of the first class] may direct a warrant to any land-holder, farmer or manager of land within his district or sub-division for the arrest of any escaped convict, proclaimed offender or person who has been accused of a non-bailable offence, and how has included pursuit.

(2) Such land-holder, farmer or manager shall acknowledge in writing the receipt of the warrant, and shall executed it if the person for whose arrest it was issued, is in, or enters on, his land or farm, or the land under his charge.

(3) When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless security is taken under section 76.

79. Warrant directed to police officer.--- A warrant directed or other person executing a warrant of arrest shall notify the substances thereof to the person to be arrested, and, if so required, shall show him the warrant.

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

81. Person arrested to be brought before Court without delay:--- The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 76 as to the security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person.
82. Where warrant may be executed.--- A warrant of arrest may be executed at any place in Pakistan.

2[Explanation.--- In this section, “warrant of arrest” includes a warrant of arrest issued under this Code as in force in Azad Jammu and Kashmir.]

83. Warrant forwarded for execution outside jurisdiction.---(1) When a warrant is to be executed outside the local limits of the jurisdiction of the Court issuing the same, such Court may, instead of directing such warrant to a police officer, forward the same by post or otherwise to any Magistrate or District Superintendent of Police within the local limits of whose jurisdiction it is to be executed.

(2) The Magistrate or District Superintendent to whom such warrant is so forwarded shall endorse his name thereon and, if practicable, cause it to be executed in manner herein before provided within the local limits of his jurisdiction.

84. Warrant directed to police officer for execution outside jurisdiction.--- (1) When a warrant directed to a police officer is to be executed beyond the local limits of the jurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement either to a Magistrate or to a police officer not below the rank of an officer-in-charge of a 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) Where 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 executed the same without such endorsement in 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 miles of the place of arrest or is nearer than the Magistrate or District Superintendent of police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 76, be taken before such Magistrate or District Superintendent.

86. Procedure by Magistrate before whom person arrested is brought.--- (1) Such Magistrate or District Superintendent shall; if the person arrested appears to be the person intended by the Court which issued the warrant, direct his removal in custody to such Court:

Provided that, if the offence is bailable, and such person is ready and willing to give bail to the satisfaction of such Magistrate, District Superintendent or a direction has been endorsed under section 76 on the warrant and such person is ready and willing to give the security required by such direction, the Magistrate, District Superintendent shall take bail or security as the case may be, and forward the bond to the Court which issued the warrant:

3[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 Divisions in which the person is arrested may, subject to the provisions of section 497 and for sufficient reasons, release the person on an interim bail on such bond or security as the Sessions Judge thinks fit and direct the person to appear by a specified date before the Court which issued the warrant and forward the bond to that Court.]

(2) Nothing in this section shall be deemed to prevent a police officer from taking security under section 76.

COMMENTARY

Order for removal of a prisoner to tribal area without compliance with section 86, suffers from an illegality.3a

4[86A. Procedure for removal in custody to Tribal Area. Where a person arrested under section 85 is to be removed in custody to any place in the Tribal Areas, he shall be produced before a Judicial Magistrate within the local limits of whose jurisdiction the arrest was made, and such Magistrate in directing the removal shall hear the case in the same manner and have the same jurisdiction and powers, as nearly as may be, including the power to order the production of evidence, as if the person arrested were charged with an offence committed with in 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 reaises a strong or custody if he is satisfied that the evidence produced before him reaises a strong or probable presumption that the person arrested committed the offence mentioned in the warrant.]

C. --- Proclamation and Attachment

87. Proclamation for person absconding.--- (1) If any Court 5[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

(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day shall be conclusive evidence that requirements of this section have been complied with, and that the proclamation was published on such day.

88. Attachment of property of person absconding.--- (1)The Court issuing a proclamation under section 87 may at any time order the attachment of any property movable or immovable or both belonging to the proclaimed person.

(2) Such order shall authorize the attachment of any property belonging to such person within the district in which it is made; and it shall authorize the attachment of any property belonging to such person without such district when endorsed by the 6[Sessions Judge] within whose district such property is situate.

(3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made:

(a) by seizure; or

(b) by the appointment of a receiver; or

(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or

(d) by all or any two of such method, as the Court thinks fit.

(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the cause of land paying revenue to the Provincial Government, be made through the 6a[“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 live-stock or is of a perishable nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court.

(6) The power, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under 7[Order XL of the Code of Civil Procedure, 1908.]

(6A) If any claim is preferred to, or objection made to the attachment of, any property attached under this section within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under this section, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part:

Provided that any claim preferred or objection made within the period allowed by this sub-section may, in the event of the death of the claimant or objector, be continued by his legal representative.

(6B) Claims or objection under sub-section (6A) may be preferred or made in the Court by which the order of attachment is issued or, if the claim or objection is in respect of property attached under an order endorsed by a 7a[Sessions Judge] in accordance with the provisions of sub-section (2), in the Court of such Magistrate.

(6C) Every such claim or objection shall be inquired into by the Court 7b[or Magistrate] in which it is referred or made7c.

Provided that, if it is preferred or made in the Court of a District Magistrate such Magistrate may make it over for disposal to any Magistrate 8[x x x x x x] subordinate to him.

(6D) Any person whose claim or objection has been disallowed in whole or in part by an order under sub-section (6A) may, within a period of one year from the date of such order, institute a suit to establish the right which he claims in respect of property in dispute; but subject to the result of such suit, if any, the order shall be conclusive.

(6E) If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment.

(7) If the proclaimed person does not appear within the time specified in the proclamation, the property under attachment shall be at the disposal of the Provincial Government, but it shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under sub-section (6A) has been disposed of under that sub-section, unless it is subject to speedy and natural decay, or the Court considers that the sale would be for the benefit of the owner, in either of which cases the Court may cause it to be sold whenever it thinks fit.

COMMENTARY

S. 88. Attachment of property of absconding accused. Objection petition against. Impleading of auction-purchaser of attached property as party in objection petition. Objection petition made before auction of attached property. Magistrate did not stay auction. Appellant auction purchased property in auction. Ultimately objection petition dismissed. High Court set aside order of trial Court and appellate Court and remanded petition for disposal afresh in accordance with law.8a

89. Restoration of attached property.--- If within two years from the date of the attachment, any person whose property is or has been at the disposal of the Provincial Government, under sub-section (7) of section 88, appears voluntarily or is apprehended and brought before the Court by whose order the property was attached, or the Court of which such Court by whose order the property was attached 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 of attend within the time specified therein, such property, or, if the same has been sold, net proceeds of the sale, or, if part only thereof has been sold the net proceeds of the sale and the residue of the property, shall after satisfying thereout all costs incurred in consequence of the attachment, be delivered to him.

D. --- Other Rules regarding Process

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, after recording its reasons in writing, a warrant for his arrest:---

(a) if, either before the issue of such summons or after the issue of the same but before the time fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the summons; or

(b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.

91. Power to take bond for appearance.--- When any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons 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 process issued for service or execution outside Pakistan and process received from outside Pakistan for
service or execution within Pakistan

93A. Sending of summons for service outside Pakistan.--- (1) Where a Court in Pakistan desires that a summons issued by it to an accused person shall be served at any place outside Pakistan within the local limits of the jurisdiction of a Court established or continued by the authority of the Central Government in exercise of its foreign jurisdiction, it shall send such summons, in duplicate, by post or otherwise, to the presiding officer of that Court to be served.

(2) The provisions of section 74 shall apply in the case of a summons sent for service under this section as if the presiding officer of the Court to whom it was sent were a Magistrate in Pakistan.

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

93C. Service and execution in Pakistan of processes received from outside Pakistan.--- (1) Where a Court has received for service or execution a summons to, or a warrant for the arrest of, an accused person issued by a Court established or continued by the authority of the Central Government in exercise of its foreign jurisdiction, outside Pakistan, it shall cause the same to be served or executed as if it were a summons or warrant received by it 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.

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-in-charge of a police station consider that the production of any document or other thing is necessary or desirable for the purpose of any investigation, inquiry, trial or other preceding 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 issue any such order requiring the production of any document or other thing which is in the custody of a Bank or bankers as defined in the Banker’s 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 investigation an offence under sections 405, 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 Session Judge; and

(b) in other case, with 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, section 123 and 124, or to apply to a letter, post-card, telegram or other document or any parcel or thing in the custody of the Postal or Telegraph authorities.

COMMENTARY

Provisions of S. 94 relating to summons to produce document or other thing, do not exclude from their purview an accused person. Police, however, cannot take coercive steps u/s. 94 when accused claims privilege against testimonial compulsion guaranteed to him by Art. 13(b) of Constitution, 1973.8b

95. Procedure as to letters and telegrams.--- (1) If any document, parcel or thing in such custody is, in the opinion of any 2[***] Magistrate, High Court or Court of Sessions, wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Code, such Magistrate or Court may require the Postal or Telegraph authorities, as the case may be to deliver such document, parcel or thing to such person as such Magistrate or Court directs.

(2) If any such documents, 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 order of any such 3[***] 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 documents or thing as required by such summons or requisition.

or where such documents or thing is not known to the Court to be in the possession of any person.

or where the Court considers that the purposes of any inquiry, trial or other 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 provisions hereinafter contained.

(2) [Omitted by Ordinance No. XXXVII of 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 the place or part so specified.

98. Search of house suspected to contain stolen property, forged document, etc.--- (1) If a 1[***]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 that any forged documents false seals or counterfeit stamps [bank notes, currency notes] or coins or instruments or materials used for counterfeiting coins, or stamps, [bank notes or currency notes] or for forging, are kept or deposited in any place.

or for the deposit, sale, manufacture or production of any obscene object such as is referred to in section 292 of the Pakistan Penal Code or that any such obscene objects are kept, or deposited in any place;

he may by his warrant authorize any police officer above the rank of a constable:---

(a) to enter, with such assistance as may be required, such place, and

(b) to search the same in manner specified in the warrant, and

(c) to take possession of any property, documents, seals, stamps, [bank notes, currency notes] or coins therein found which he reasonably suspects to be stolen, unlawfully obtained, forged, false or counterfeit, and also of any such instruments and materials or of any such obscene objects as aforesaid, and

(d) to convey such property, documents, seals, stamps, 3[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 3[bank notes, currency notes,] coins, instruments or material or such obscene object 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, current 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, stamps, 1[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

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 5[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

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

99A. 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 6[West Pakistan Press and Publications Ordinance, 1963, or any other law relating to press and publications for the time being in force,] or

(b) any document,

wherever printed, appears to the Provincial Government to contain any reasonable 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 insulting the religion or the religious beliefs of that class 7[or any matter of the nature referred to in clause (ii) of sub-section (1) of section 24 of the West Pakistan Press and Publications Ordinance, 1963,] that is to say, any matter the publication of which is punishable under section 123-A or section 124A or section 153A or section 295A 7[or Section 298A or section 298B or Section 298C] of the Pakistan Penal Code, the Provincial Government may, by notification in the official Gazette, stating the grounds of its opinion declare every copy of the issue of the newspaper containing such matter, and every copy of such book or other document to be forfeited to Government, and thereupon any police officer may seize the same wherever found in Pakistan and any Magistrate may be 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 city of such issue or any such book or other document may be or may be reasonably suspected to be.

(2) In sub-section (1) “document” includes also any painting, drawing or photograph, or other visible representation.

99B. Application to High Court to set aside order of forfeiture.--- 8[(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 99A 9[or any other law for the time being in force] may, within two months from the date of such order, apply to the High Court to set aside such order on the ground that the issue of the newspaper or the book or other document, in respect of which the order was made, did not contain any treasonable or seditious or other matter of such a nature as is referred to in sub-section (1) of section 99A.

10[(2) Nothing in sub-section (1) shall apply to a case where the order of forfeiture has been made---

(a) in respect of a newspaper, book or other document printed outside Pakistan; or

(b) in respect of a newspaper, book or other document, on the conviction, in respect of such newspaper, book or other document, of the author or editor thereof for any of the offences referred to in sub-section (1) of section 99A.]

99C. [Omitted by Law Reforms Ordinance, XII of 1972].

99D. Order of 1[High Court] setting aside forfeiture.--- (1) On receipt of the application, the 1[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 99A, set aside the order of forfeiture.

(2) [Omitted by Law Reforms Ordinance, XII of 1972].

99E. 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 of which the order of forfeiture was made.

99F. 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.

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

C. --- Discovery of person wrongfully
confined

100. Search for person wrongfully confined.--- If any Magistrate of the first class 1[***] 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 search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.

D.--- General Provisions relating to Searches

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

102. Persons incharge of closed place to allow search.--- (1) Wherever any place liable to search or inspection under this Chapter is closed, any person residing on, 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 and signed by such witnesses but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it.

(3) Occupant of place searched may attend. The occupant of the place searched, or some person in his behalf, shall in every instance be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall b e 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 any witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 18 of the Pakistan Penal Code.

COMMENTARY

Requirement of making two members of the public of the locality as Mashirs to the recovery is mandatory unless it was shown by the prosecution that it was not possible in the circumstances of the case to have two Mashirs from the public.11

Section 103, Cr.P.C. applies with full force when search is to be made place which is in an inhabited locality. In other words it can be said that section 103 is relatable to the place and not to the person. If place is known where search is to be made and that place is situate in a locality which is inhabited by the people, then it is necessary to join two or more respectable persons from that locality to witness the search. Main object behind section 103, Cr.P.C. is to guard against possible chicanery and concoction and for that reason witnesses from the locality are to be joined in the investigation and if this is done and for some reason subsequently in the trial Court those witnesses from the locality are not produced for the reason that they had been won over, then evidence of police officer who made the recovery can be believed if his conduct in the investigation is beyond reproach. Requirements of section 103 are no doubt mandatory and have to be fulfilled but if in the Court, evidence of such witnesses from locality could not be produced for reasons satisfactorily explained then such evidence is to be accepted and not rejected merely on the ground that on that point there is evidence of police officer only particularly when requirements had been fulfilled. Much depends on the place where the search is to be made. Requirement of examining two witnesses from locality as contained in section 103, Cr.P.C. would not apply to a running vehicle which is stopped at some place where there are no houses in the vicinity and search is made for the purpose of recovery. Section 103, Cr.P.C. does not apply to a running vehicle but applies to a fixed place to be searched which is already known.12

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.

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PART IV

PREVENTION OF OFFENCES
CHAPTER VIII
OF SECURITY 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 VIII of the Pakistan Penal Code, other than an offence punishable under section 143, section 149, section 153A or section 154 thereof, or of assault or other offence involving a breach of the peace, or of abetting the same, or any person accused of committing criminal intimidation is convicted of such offence before a High Court, or a Court of Session, or the Court of 2[***] 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 him 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 section may also be made by an appellate Court 3[or by a Court] exercising its powers of revision.

B.--- Security for keeping the Peace in other
Cases and Security for Good Bahivour

107. Security for keeping the peace in other cases.---(1) Whenever a 4[Magistrate of the first class] is informed that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility, the Magistrate if in his opinion there is sufficient ground for proceedings 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 1[three years] as the Magistrate thinks fit to fix.

(2) Proceedings shall not be taken under this section unless either the person informed against or the place where the breach of the peace or disturbance is apprehended, is within the local limits of such Magistrate’s jurisdiction, and no proceedings shall be taken before any Magistrate, 2[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 of Magistrate not empowered to act under sub-section (1). When any Magistrate not empowered to proceed under sub-section (1) has reason to believe that any person is likely to commit a branch of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility, and that such breach of the peace or disturbance cannot be prevented otherwise than by detaining such person in custody, such Magistrate may, after recording his reason, issue a warrant for his arrest (if he is not already in custody or before the Court), and may send him before a Magistrate empowered to deal with the case, together with a copy of his reasons.

(4) A Magistrate before whom a person is sent under sub-section (3) may in his discretion detain such person in custody pending future action by himself under this Chapter.

108. Security for good behavior from persons disseminating seditious matter. --- Whenever a 3[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 writing or in any other manner intentionally disseminates or attempts to desseminate, or in anywise abets the dissemination of: --

(a) any seditious matter, that is to say, any matter the publication of which is punishable under section 123-A or section 124A of the Pakistan Penal Code; or

(b) any matter the publication of which is punishable under section 153 of the Pakistan Penal Code; or

such Magistrate, if in his opinion there is sufficient ground for proceedings may (in manner hereinafter provided) require such person to show cause why be should not be ordered to execute a bond; with or without sureties, for his good behaviour for period, not exceeding one year, as the Magistrate thinks fit to fix.

No proceedings, shall be taken under this section against the editor, proprietor, or publisher of any publication registered under, and edited, printed and published in conformity with, the provision of the West Pakistan Press and Publications Ordinance, 1963, or any other law relating to press and publications for the time being in force] with reference to any matters contained in such publication, except by the order or under the authority of Provincial Government or some officer empowered by the Provincial Government in this behalf.

109. Security for good behaviour from vagrants and suspected persons. Whenever a 1[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 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 1[three years] as the Magistrate thinks fit to fix.

110. Security for good behaviour from habitual offenders. --- Whenever a 2[Magistrate of the first class] receives information that any person within the local limits of his jurisdiction: --

(a) is by habit a robber, house-breaker, thief, or forger, or

(b) is by habit a receiver of stolen property knowing the same to have been stolen, or

(d) habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter XII of the Pakistan Penal Code, or under section 489A. section 489B, section 489C or section 489D of that Code, or

(e) habitually commits, or attempts to commit, or abets the commission of, offences involving a breach of the peace, or

(f) is so desperate and dangerous as to render his being at large without security hazardous to the community,

such Magistrate may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit to fix.

111. Order to be made. --- [Proviso as to European vagrants.] Rep. By the Criminal Law Amendment Act, 1923 (XII of 1923), S. 8.

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

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

114. Summons or warrant in case of person not so present. --- If such person is not present in Court, the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is, to bring him before the Court;

Provided that whenever it appears to such Magistrate, upon the report of a police officer or upon other information (the substance of which report or information shall be recorded by the Magistrate), that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest.

115. Copy of order under section 112 to accompany summons or warrant. --- Every summons 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 permit him to appear by a pleader.

117. Inquiry as to truth of information. --- (1) When an order under section 12 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.

1-2[(2) Such inquiry shall be made as nearly as may be practicable, in the manner prescribed in Chapter XX for conducting trials and recording evidence, except that no charge need be framed.]

(3) Pending the completion of the inquiry under sub-section (1) the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquility or the commission of any offence or for the public safety, may for reasons to be recorded in writing, direct the person in respect of whom the order under section 112 has been made to execute a bond, with or without sureties, for keeping the peace or maintaining good 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 than 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 his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise.

(5) Where two or more persons have been associated together in the matter under inquiry they may be dealt with in the same or separate inquiries as the Magistrate shall think just.

118. Order to give security. --- (1) If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good 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: ---

firstly, that no person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under section 111:

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 necessa