Last Change:

04/23/2025

Code of Criminal Procedure, 1898

Year: 1898

Type: Domestic law

Rights Category: Liberty & security of person

Description

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

Selected provisions
Section 46 - Arrest how made.

(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.
(2) Resisting endeavour to arrest. If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest.
(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with [imprisonment for life].

Section 61 - Person arrested not to be detained more than twenty-four hours.

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

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

(1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 61, and there are grounds for believing that the accusation or information is well founded, the officer in charge of the police station or the police officer making the investigation if he is not below the rank of sub-inspector shall forthwith transmit to the nearest Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate.
(2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time authorize the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole. If he has not jurisdiction to try the case or send it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction:
Provided that no Magistrate of the third class, and no Magistrate of the second class not specially empowered in this behalf by the Provincial Government shall authorise detention in the custody of the police.
(3) A Magistrate authorizing under this section detention in the custody of the police shall record his reasons for so doing.
(4) The Magistrate giving such order shall forward a copy of his order, with his reasons for making it, to the Sessions Judge.
(5) Notwithstanding anything contained in sections 60 and 61 or hereinbefore to the contrary, where the accused forwarded under sub-section (2) is a female, the Magistrate shall not, except in the cases involving qatl or dacoity, supported by reasons to be recorded in writing, authorise the detention of the accused in police custody. The police officer making an investigation shall interrogate the accused referred to in sub-section (1) in the prison in the presence of an officer of jail and a female police officer.
(6) The officer in charge of the prison shall make appropriate arrangements for the admission of the investigating police officer into the prison for the purpose of interrogating the accused.
(7) If, for the purpose of investigation, it is necessary that the accused referred to in sub-section (1) be taken out of the prison, the officer in charge of the police station or the police officer making investigation, not below the rank of sub-inspector, shall apply to the Magistrate in that behalf, and the Magistrate may, for the reasons to be recorded in writing, permit taking of the accused out of the prison in the company of a female police officer appointed by the Magistrate:
Provided that the accused shall not be kept out of the prison while in the custody of the police between sunset and sunrise.

Section 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.

Section 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.

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

(1) Where an offence under section 354A, section 376, section 377 or section 377B of the Pakistan Penal Code, 1860 (Act XLV of 1860) has been committed or attempted to be committed, the police officer after recording the information under section 154 shall inform the victim, against whom such offences have been committed or attempted to be committed, of his right to legal representation.
(2) If the victim under sub section (1) requires free legal aid the police officer shall provide him the list of lawyers maintained by the Provincial Bar Councils for this purpose.

Chapter XXXIX - Of Bail

Section 496. In what cases bail to be taken
Section 497. When bail may be taken in case of non-bailable offence
Section 498. Power to direct admission to bail or reduction of bail
Section 498A. No bail to be granted to a person not in custody, in court or against whom no case is registered, etc.
Section 499. Bond of accused and sureties
Section 500. Discharge from custody
Section 501. Power to order sufficient bail when that first taken is insufficient
Section 502. Discharge of sureties

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

(1) When a person is arrested on a charge of committing an offence of rape, unnatural offence or sexual abuse or an attempt to commit rape, unnatural offence or sexual abuse under section 376, section 377 and section 377B respectively and there are reasonable grounds for believing that an examination of the arrested person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by a local authority to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose.
(2) The registered medical practitioner conducting examination under sub-section (1) shall, without delay, examine such person and prepare a report of his examination giving the following particulars, namely:-
(a) name and address of the accused and of the person by whom he was brought;
(b) age of the accused;
(c) marks of injury, if any, on person of the accused;
(d) description of material taken from person of the accused for DNA profiling; and
(e) other material particulars in reasonable detail.
(3) The report under sub-section (2) shall state precisely the reasons for each conclusion arrived at.
(4) The exact time of commencement and completion of the examination under sub-section (1) shall also be noted in the report under sub-section (2). The registered medical practitioner shall, without delay, forward the report to the investigating officer who shall forward it to the Magistrate through public prosecutor referred to in section 173 as part of the report referred to in that section.

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

(1) Where an offence of committing rape, unnatural offence or sexual abuse or attempt to commit rape, unnatural offence or sexual abuse under section 376, section 377 or section 377B respectively of the Pakistan Penal Code, 1860(Act XLV of 1860) is under investigation, the victim shall be examined by a registered medical practitioner, in the case of female victim by a female registered medical practitioner, immediately after commission of such offence:
Provided that in all cases, where possible, the female victim shall be escorted by a female police officer or a family member from a place of her convenience to the place of medical examination.
(2) The registered medical practitioner to whom such victim is sent under sub-section (1) shall, without delay, examine the victim and prepare a report of examination giving the following particulars, namely:
(a) name and address of the victim and of the person by whom she was escorted;
(b) age of the victim;
(c) description of material taken from body of the victim for DNA profiling;
(d) marks of injury, if any, on body of the victim;
(e) general mental condition of the victim; and
(f) other material particulars in reasonable detail.
(3) The report under sub-section (2) shall state precisely the reasons for each conclusion arrived at.
(4) The report under sub-section (2) shall specifically record that consent of the victim or of his or her natural or legal guardian to such examination had been obtained.
(5) The exact time of commencement and completion of the examination under sub-section (1) shall also be noted in the report.
(6) The registered medical practitioner shall, without delay, forward the report to the investigation officer who shall forward it to the Magistrate along with other requirements as specified under clause (a) of sub-section (1) of section 173.
(7) Nothing in this section shall be construed as rendering lawful any examination without consent of the victim or of any person authorized under sub-section (4).
Explanation.__ In this section, “registered medical practitioner” means a medical practitioner who possesses any qualification recognized as such under the Pakistan Medical and Dental Council Ordinance, 1962 (XXXII of 1962) and whose name has accordingly been entered in the Register maintained in this behalf under the said Ordinance and has been authorized by the Government to conduct such examination.

Section 164B - DNA test.

(1) Where an offence under section 376, section 377 or section 377B of the Pakistan Penal Code, 1860 (XLV of 1860) is committed or attempted to have been committed or is alleged to have been committed, Deoxyribo Nucleic Acid (DNA) samples, where practicable, shall be collected from the victim with his or her consent or with the consent of his or her natural or legal guardian and the accused during the medical examination conducted under section 164A within optimal time period of receiving information relating to commission of such offence.
(2) The DNA sample collected under sub-section (1) shall at the earliest be sent for investigation to a forensic laboratory where these shall be properly examined and preserved:
Provided that confidentiality of such examination shall at all times be observed.

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