CHAPTER V - OF ARREST, ESCAPE AND RETAKING
A Arrest generally
46. Arrest how made. (1) In making an arrest the police-officer or other person
making the same shall actually touch or confine the body of the person to be
arrested, unless there be a submission to the custody by word or action.
(2) Resisting endeavor to arrest. If such person forcibly resists the endeavor to
arrest him or attempts to evade the arrest, such police-officer or other person may
use all means necessary to effect the arrest.
(3) Nothing in this section gives a right to cause the death of a person who is not
accused of an offence punishable with death or with [imprisonment for life.]
47. Search of place entered by person sought to be arrested. If any person
acting under a warrant of arrest, or any police-officer having authority to arrest, has
reason to believe that the person to be arrested has entered into, or is within, any
place, the person residing in, or being in charge of such place shall, on demand of
such person acting as aforesaid or such police-officer, allow him free ingress thereto,
and afford all reasonable facilities for a search therein.
48. Procedure where' ingress not obtainable. If ingress to such place cannot be
obtained under section 47 it shall be lawful in any case for a person acting under a
warrant and in any case in which a warrant may issue, but cannot be obtained
without affording the person to be arrested an opportunity of escape, for a policeofficer
to enter such place and search therein, and in order to effect an entrance into
such place, to break open any outer or inner door or window of any house or place,
whether that of the person to be arrested or of any other person, if after notification
of his authority and purpose, and demand of admittance dully made, he cannot
otherwise obtain admittance.
Breaking open zanana. Provided that if any such place is an apartment in the actual
occupancy of a woman (not being the person to be arrested) who, according to
custom, does not appear in public such person or police-officer shall, before entering
such apartment, give notice to such woman that she is at liberty to withdraw and
shall afford her every reasonable facility for withdrawing, and may then break open
the apartment and enter it.
49. Power to break open doors and windows for purposes of liberation. Any
police-officer or other person authorized to make an arrest may break open any
outer or inner door or window of any house or place in order to liberate himself or
any other person who, having lawfully entered for the purpose of making an arrest,
is detained therein.
50. No unnecessary restraint. The person arrested shall not be subjected to more
restraint than is necessary to prevent his escape.
51. Search of arrested persons. Whenever a person is arrested by a police-officer
under a warrant which does not provide for the taking of bail, or under a warrant
which provides for the taking of bail but the person arrested cannot furnish bail, and
whenever a person is arrested without warrant, or by a private person under a
warrant, and cannot legally be admitted to bail, or is unable to furnish bail,
the officer making the arrest or, when the arrest is made by a private person, the
police-officer to whom he makes over the person arrested, may search such person,
and place in safe custody all articles, other than necessary wearing-apparel, found
upon him.
52. Mode of searching woman. Whenever it is necessary to cause a woman to be
searched, the search shall be made by another woman, with strict regard to decency.
53. Power to seize offensive weapons. The officer or other person making any
arrest under this Code may take from the person arrested any offensive weapons
which he has about his person, and shall deliver all weapons so taken to the Court or
officer before which or whom the officer or person making the arrest is required by
this Code to produce the person arrested,
B. Arrest without warrant
54. When police may arrest without warrant. (1) Any police-officer may,
without an order from a Magistrate and without a warrant, arrest:
Firstly, any person who has been concerned in any cognizable offence or against
whom a reasonable complaint has been made or credible information has been
received, or a reasonable suspicion exists of his having been so concerned;
Secondly, any person having in his possession without lawful excuse, the burden of
proving which excuse shall lie on such person, any implement of house-breaking;
Thirdly, any person who has been proclaimed as an offender either under this Code
or by order of the Provincial Government;
Fourthly, any person in whose possession anything is found which may reasonably
be suspected to be stolen property and who may reasonably be suspected of having
committed an offence with reference to such thing;
Fifthly, any person who obstructs a police-officer while in the execution of his duty
or who has escaped, or attempts to escape from lawful custody;
Sixthly, any person reasonably suspected of being a deserter from the armed forces
of Pakistan [****];
Seventhly, any person who has been concerned in, or against whom a reasonable
complaint has been made or credible information has been received or a reasonable
suspicion exists of his having been concerned in, any act committed at any place out
of Pakistan which, if committed in Pakistan, would have been punishable as an
offence and, for which he is, under any law relating to extradition or [****]
otherwise, liable to be apprehended or detained in custody in Pakistan.
Eightly, any released convict committing a breach of any rule made under section
565, sub-section (3);
Ninethly, any person for whose arrest a requisition has been received from another
police officer, provided that the requisition specifies the person to be arrested and
the offence or other cause for which the arrest is to be made and it appears there
from that the person might lawfully be arrested without a warrant by the officer who
issued the requisition.
55. Arrest of vagabond, habitual robbers, etc. (1) Any officer in charge of a
police station may, in like manner, arrest or cause to be arrested:
(a) any person found taking precautions to conceal his presence within the limits of
such station, under circumstances which afford reason to believe that he is taking
such precautions with a view to committing a cognizable offence; or
(b) any person within the limits of such station who has no ostensible means of
subsistence, or who cannot give a satisfactory account of himself; or
(c) any person who is by repute an habitual robber, house-breaker or thief, or an
habitual receiver of stolen property knowing it to be stolen, or who by repute
habitually commits extortion or in order to the committing of extortion habitually
puts or attempts to put person in fear of injury.
56. Procedure when police-officer deputes subordinate to arrest without
warrant (1) When any officer incharge of a police station or any police-officer
making an investigation under Chapter XIV requires any officer subordinate to him to
arrest without a warrant (otherwise than in his presence) any person who may
lawfully be arrested without a warrant, he shall deliver to the officer required to
make the arrest an order in writing, specifying the person to be arrested and the
offence or other cause for which the arrest is to be made. The officer so require
shall, before making the arrest, notify to the person to be arrested the substance of
the order and, if so required by such person, shall show him the order.
57. Refusal to give name and residence. (1) When any person who in the
presence of a police-officer has committed or has been accused of committing a noncognizable
offence refuses, on demand of such officer, to give his name and
residence or gives a name or residence which such officer has reason to believe to be
false, he may be arrested by such officer in order that his name or residence may be
ascertained.
(2) When the true name and residence of such person have been ascertained, he
shall be released on his executing a bond, with or without sureties, to appear before
a Magistrate [having jurisdiction] if so required:
Provided that, if such person is not resident in Pakistan, the bond shall be secured by
a surety or sureties resident in Pakistan.
(3) Should the true name and residence of such person be not ascertained within
twenty-four hours from the time of arrest or should he fail to execute the bond, or, if
so required, to furnish sufficient sureties, he shall forthwith be forwarded to nearest
Magistrate having Jurisdiction.
58. Pursuit of offenders into other jurisdictions. A police-officer may, for the
purpose of arresting without warrant any person whom he is authorized to arrest
under this Chapter, pursue such person into any place in Pakistan.
Explanation. In this section 'police officer includes a police officer acting under this
Code as in Azad Jammu & Kashmir.]
59. Arrest by private persons and procedure on such arrest. (1) Any private
person may arrest any person who in his view commits a non-bailable and
cognizable offence, or any proclaimed offender, and without unnecessary delay, shall
make over any person so arrested to a police-officer or, in the absence of a policeofficer,
take such person or causes him to be taken in custody to the nearest policestation.
(2) If there is reason to believe that such person comes under the provisions of
section 54, a police-officer shall re-arrest him.
(3) If there is reason to believe that he has committed a non-cognizable offence, and
he refuses on the demand of a police-officer to give his name and residence, or gives
a name or residence which such officer has reason to believe to be false, he shall be
dealt with under the provisions of section 57. If there is no sufficient reason to
believe that he has committed any offence, he shall be at once released.
60. Person arrested to be taken before Magistrate or officer in charge of
police-station. A police-officer making an arrest without warrant shall, without,
unnecessary delay and subject to the provisions herein contained as to bail, take and
send the person arrested before a Magistrate having jurisdiction in the case or before
the officer in charge of a police-station.
61. Person arrested not be detained more than twenty four hours. No policeofficer
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 twentyfour
hours exclusive of the time necessary for the journey from the place of arrest to
the Magistrate's Court.
62. Police to report apprehensions. Officers in charge of police station shall
report, to the District Magistrate, or, if he so directs, to the Sub-Divisional
Magistrate, the cases of all person arrested without warrant, within the limits of their
respective station, whether such persons have been admitted to bail or otherwise.
63. Discharge of person apprehended. No person who has been arrested by a
police-officer shall be discharged except on his own bond, or on bail, or under the
special order of a Magistrate.
64. Offence committed in Magistrate's presence. When any offence is
committed in the presence of a Magistrate within the local limits of his jurisdiction he
may himself arrest or order any person to arrest the offender, and may thereupon,
subject to the provision herein contained as to bail commit the offender to custody.
65. Arrest by or in presence of Magistrate. Any Magistrate may at any time
arrest or direct the arrest, in his presence, within the local limits of his jurisdiction, of
any person for whose arrest he is competent at the time and in the circumstances to
issue a warrant.
66. Power, on escape, to pursue and retake. If a person in lawful custody
escapes or is rescued, the person from whose custody he escaped or was rescued
may immediately pursue and arrest him in any place in Pakistan.
67. Provisions of escape, to sections 47, 48 and 49 to apply to arrest under
section 66. The provisions of sections 47, 48 and 49 shall apply to arrest under
section 66, although the person making any such arrest is not acting under a
warrant and is not police-officer having authority to arrest.
PART III - GENERAL PROVISIONS - CHAPTER VI - OF
PROCESSES TO COMPEL APPEARANCE
A. Summons
68. Form of summons. (1) Every summons issued by a Court under this Code shall
be in writing in duplicate, signed and sealed by the presiding officer of such Court, or
by such other officer as the High Court may, from time by rule, direct.
(2) Summons by whom served. Such summons shall be served by a police-office
subject to such rules as the Provincial Government may prescribe in this behalf by an
office of the Court issuing it or other public servant;
[Provided that the Court may at the request of the complainant or the accused, allow
him to serve the summons on his own witnesses].
69. Summons how served. (1) The summons shall, if practicable be served
personally on the person summoned, by delivering or tendering to him one of the
duplicates of the summons.
(2) Signature of receipts for summons. Every person on whom a summons is so
served shall .... sign a receipt therefor on the back of the other duplicate.
(3) Service of a summons on an incorporated company or other body corporate may
be effected by serving it on the secretary, local manager or other principal officer of
the corporation or by registered post letter addressed to the chief officer of the
corporation in Pakistan. In such case the service shall be deemed to have effected
when the letter would arrive in ordinary course of post.
70. Service when person summoned cannot be found. Where the person
summoned cannot by the exercise of due diligence be found, the summons may be
served by leaving one of the duplicates for him with some adult male member of his
family, and the person with whom the summons is so left shall, ..... sign a receipt
therefor on the back of the other duplicate.
71. Procedure when service cannot be effected as before provided. If service
in the manner mentioned in sections 69 and 70 cannot by the exercise of the due
diligence be effected, the serving officer shall affix one of the duplicates of the
summons to some conspicuous part of the house or homestead in which the person
summoned ordinarily resides; and thereupon the summons shall be deemed to have
been duly served.
72. [Service on servants of State or, a statutory body or a company]. (1)
Where the person summoned is in the active service of State or of s[statutory body
or a company,] the Court issuing the summons shall ordinarily send it in duplicate to
the head of the office in which such person is employed; and such head shall
thereupon cause the summons to be served in manner provided by section 69, and
shall return it to the Court under his signature with the endorsement required by that
section.
(2) Such signature shall be evidence of due service.
73. Service of summons outside local limits. When a Court desires that a
summons issued by it shall be served at any place outside the local limits of its
jurisdiction, it shall ordinary send such summons in duplicate to a Magistrate within
the local limits of whose jurisdiction the person summoned reside or is, to be there
served.
74. Proof of service in such cases and when serving e[person] not present.
(1)When a summons issued by a Court is served outside the local limits of its
jurisdiction, and in any case where the [person] who has served a summons is not
present at the hearing of the case, an affidavit, purporting to be made before a
Magistrate, that such summons has been served, and a duplicate of the summons
purporting to be endorsed (in manner provided by section 69 or section 70) by the
person to whom it was delivered or tendered or with whom it was left shall be
admissible in evidence, and the statement made therein shall be deemed to be
correct unless and until the contrary is proved.
(2) The affidavit mentioned in this section may be attached to the duplicate of the
summons and returned to the Court.
B. Warrant of Arrest
75. Form of warrant of arrest. (1) Every warrant of arrest issued by a Court under
this Code shall be in writing, signed by the presiding officer, or in the case of a Bench
of Magistrates, by any member of such Bench; and shall bear the seal of the Court.
(2) Continuance of warrant of arrest. Every such warrant shall remain in force until it
is cancelled by the Court which issued it, or until it is executed.
76. Court may direct security to be taken. (1) Any Court issuing a warrant for
the arrest of any person may in its discretion direct by endorsement on the warrant
that, if such person executes a bond with sufficient sureties for his attendance before
the Court at a specified time and thereafter until, otherwise directed by the Court,
the officer to whom the warrant is directed shall take such security and shall release
such person from custody.
(2) The endorsement shall state:
(a) the number of sureties;
(b) the amount in which they and the person for whose arrest the warrant is issued,
are be respectively bound; and
(c) the time at which he is to attend before the Court.
Recognizance to be forwarded. (3) Whenever security is taken under this section
the officer to whom the warrant is directed shall forward the bond to the Court.
77. (1) Warrants to whom directed. A warrant of arrest shall ordinarily be
directed to one or more police-officers; but any Court issuing such a warrant may, if
its immediate execution is necessary and no police-officer is immediately available,
direct it to any other person or persons; and such person shall execute the same.
(2) Warrants to several person. When a warrant is directed to more officers or
persons than one, it may be executed by all, or by any one or more, of them.
78. Warrant may be directed to land-holders, etc. (1) A District Magistrate or
Sub- Divisional Magistrate may direct a warrant to any landholder, farmer or
manager of land within his district or sub-division for the arrest of any escaped
convict, proclaimed offender or person who has been accused of a non-bailable
offence, and who has eluded pursuit.
(2) Such landholder, farmer or manager shall acknowledge in writing the receipt of
the warrant, and shall execute it if the person for whose arrest it was issued, is in, or
enters on, his land or farm, or the land under his charge.
(3) When the person against whom such warrant is issued is arrested, he shall be
made over with the warrant to the nearest police-officer, who shall cause him to be
taken before a Magistrate having jurisdiction in the case, unless security is taken
under section 76.
79. Warrant directed to police-officer. A warrant directed to any police-officer
may also be executed by any other police-officer whose name is endorsed upon the
warrant by the officer to whom it is directed or endorsed.
80. Notification of substance of warrant. The police-officer or other person
executing a warrant of arrest shall notify the substance thereof to the person to be
arrested, and, if so required, shall show him the warrant.
81. Person arrested to be brought before Court without delay. The policeofficer
or other person executing a warrant of arrest shall (subject to the provisions
of section 76 as to the security) without unnecessary delay bring the person arrested
before the Court before which he is required by law to produce such person.
82. Where warrant may be executed. A warrant of arrest may be executed at
any place in Pakistan.
[Explanation. In this Section, 'warrant of arrest' includes a warrant of arrest issued
under this Code as enforced in Azad Jammu & Kashmir.]
83. Warrant forwarded for execution outside jurisdiction. (1) When a warrant
is to be executed outside the local limits of the jurisdiction of the Court issuing the
same, such Court may, instead of directing such warrant to a police-officer, forward
the same by post or otherwise to any Magistrate or District Superintendent of Police
within the local limits of whose jurisdiction it is to be executed.
(2) The Magistrate or District Superintendent to whom such warrant is so forwarded
shall endorse his name thereon and, if practicable, cause it to be executed in manner
hereinbefore provided within the local limits of his jurisdiction.
84. Warrant directed to police officer for execution outside jurisdiction. (1)
When a warrant directed to a police-officer is to be executed beyond the local limits
of the jurisdiction of the Court issuing the same, he shall ordinarily take it for
endorsement either to a Magistrate or to a police-officer not below the rank of an
officer in charge of a station, within the local limits of whose jurisdiction the warrant
is to be executed.
|2) Such Magistrate or police-officer shall endorse his name thereon and such
endorsement shall be sufficient authority to the police-officer to whom the warrant is
directed to executed the same within such limits, and the local police shall, if so
required, assist such officer in executing such warrant.
(3) Whenever there is reason to believe that the delay occasioned by obtaining the
endorsement of the Magistrate or public-officer within the local limits of whose
jurisdiction the warrant Is to be executed, will prevent such execution, the policeofficer
to whom it is directed may execute the same without such endorsement in
any place beyond the local limits of the jurisdiction of the Court which issued it.
85. Procedure on arrest of person against whom warrant issued. When a
warrant of arrest is executed outside the district in which it was issued, the person
arrested shall, unless the Court which issued the warrant is within twenty miles of
the place of arrest or is nearer than the Magistrate or District Superintendent of
Police within the local limits of whose jurisdiction the arrest was made, or unless
security is taken under section 76, be taken before such Magistrate or District
Superintendent.
86. Procedure by Magistrate before whom person arrested is brought. (1)
Such Magistrate or District Superintendent shall, if the person arrested appears to be
the person intended by the Court which issued the warrant, direct his removal in
custody to such Court:
Provided that, if the offence is bailable, and such person is ready and willing to give
bail to the satisfaction of such Magistrate, District Superintendent or a direction has
been endorsed under section 76 on the warrant and such person is ready and willing
to give the security required by such direction, the Magistrate, District
Superintendent shall take such bail or security, as the case may be, and forward the
bond to the Court which issued the warrant:
[Provided further that, if the offence is not bailable or no direction has been
endorsed under section 76 on the warrant, the Sessions Judge of the Sessions
division in which the person is arrested may, subject to the provisions of section 497
and for sufficient reasons release the person on an interim bail on such bond or
security as the Sessions Judge thinks fit and direct the person to appear by a
specified date before the Court which issued the warrant and forward the bond to
that Court.]
(2) Nothing in this section shall be deemed to prevent a police-officer from taking
security under section 76.
[86-A. Procedure for removal in custody to Tribal Area. Where a person
arrested under section 85 is to be removed in custody to any place in the Tribal
Areas, he shall be produce before a [Magistrate] within the local limits of whose
jurisdiction the arrest was made, and such Magistrate in directing the removal shall
hear the case in the same manner and have the same jurisdiction and powers, as
nearly as may be, including the power to order the production of evidence, as if the
person arrested were charged with an offence committed within the jurisdiction of
such Magistrate: and such Magistrate shall direct the removal of the arrested person
in custody if he is satisfied that the evidence produced before him raises a strong or
probable presumption that the person