CRIMINAL PROSECUTION SERVICE (CONSTITUTION, FUNCTIONS AND POWERS) ACT 2006
(Act III of 2006)
An Act to establish a
Criminal Prosecution Service in the Punjab.
Preamble.– Whereas it is expedient to
establish an independent, effective and efficient service for prosecution of
criminal cases, to ensure prosecutorial independence, for better
coordination in the criminal justice system of the Province and matters
It is hereby enacted as follows:-
1. Short title, extent and commencement.–
(1) This Act may be called the Punjab Criminal Prosecution Service
(Constitution, Functions and Powers) Act 2006.
(2) It extends to the whole of the
(3) It shall come into force at once.
(1) In this Act, unless the subject or context otherwise requires–
(a) “Act” means the Punjab Criminal
Prosecution Service (Constitution, Functions and Powers) Act 2006;
(b) “Code” means the Code of
Criminal Procedure, 1898 (Act V of 1898);
means a district as defined in the Punjab Local Government Ordinance, 2001
(XIII of 2001);
information report” means an information recorded under section 154 of the
(e) “Government” means the
Government of the Punjab;
(f) “High Court” means the Lahore
officer” means an officer of a law enforcement agency competent under any
law, for the time being in force, to investigate an offence;
enforcement agency” includes the Punjab Police and any other agency
established under any law, as may be notified by the Government;
(i) “Order” means the Police Order,
2002 (Chief Executive’s Order No.22 of 2002);
means prescribed by rules or regulations made under this Act;
means the prosecution of a criminal case;
(l) “Prosecutor” means the Prosecutor General, Additional Prosecutor
General, Deputy Prosecutor General, District Public Prosecutor, Deputy
District Public Prosecutor, Assistant District Public Prosecutor and a
Public Prosecutor appointed under this Act and shall be deemed to be the
public prosecutor under the Code;
(m) “Prosecutor General” means the
Prosecutor General appointed under section 6;
means the regulations framed under this Act;
means rules made under this Act;
(p) “Service” means the Punjab
Criminal Prosecution Service; and
(q) “Supreme Court” means the
Supreme Court of Pakistan.
(2) The words and expressions used
herein but not defined shall have the same meaning as are assigned to them
in the Code or the Order.
Establishment, Constitution and
Administration of the Service
3. Establishment of the Service.–
The Government shall establish and maintain a Service to be called the
Punjab Criminal Prosecution Service.
The Service shall consist of the Prosecutor General, Additional Prosecutors
General, Deputy Prosecutors General, District Public Prosecutors, Deputy
District Public Prosecutors and Assistant District Public Prosecutors.
Superintendence and administration.–
(1) The Government shall exercise superintendence over the Service to
achieve the objectives of this Act.
(2) The administration of the Service
shall, in the prescribed manner, vest in the Prosecutor General.
(3) [A Public Prosecutor, an Additional
Prosecutor General and a Deputy Prosecutor General shall perform functions
under the directions of the Prosecutor General.]
(4) Subject to the general directions
of the Prosecutor General, all other Prosecutors within a district shall
perform functions under the control of the District Public Prosecutor.]
The Prosecutor General shall be the head of the Service and shall be
appointed by the Government on such terms and conditions as the Government
Provided that the
terms and conditions of service of the Prosecutor General shall not be
varied during the initial or extended term of his office.
(2) The Prosecutor General shall hold
office for a term of three years but the Government may, after evaluation of
the performance of the Prosecutor General in the prescribed manner, extend
that term for a further period of two years.]
* * * * * ** * *]
(4) The Prosecutor General may resign
from his post during the tenure of his office by submitting his resignation
in writing to the Government.
(5) The Government may, for reasons to
be recorded in writing and after providing him an opportunity of being
heard, remove the Prosecutor General prior to the completion of his tenure,
on the ground of misconduct or physical infirmity.
(6) The Prosecutor General shall have a
right of representation and audience on behalf of the Government in all
courts including the High Court, the
Federal Shariat Court and the Supreme Court.
(7) The Prosecutor General may delegate
any of his functions to an Additional Prosecutor General or to a Deputy
7. Qualifications for the appointment of
Prosecutor General.– A person shall not be appointed as
Prosecutor General unless he is a citizen of Pakistan, and is not less than
forty five years of age, and–
(a) he has,
for a period of, or for the periods aggregating, not less than ten years,
been an advocate of the High Court; or
(b) he is a
law graduate and has, for a period of not less than seventeen years, been a
member of the prescribed civil service; or
(c) he has,
for a period of not less than ten years, held a judicial office in the
(d) he has,
for a period of not less than five years, performed functions of an
Additional Prosecutor General; or
(e) he has,
for a period of not less than seven years, performed the functions of a
District Public Prosecutor or has performed functions of a Prosecutor in the
Punjab, under any law, for a period of not less than fifteen
In computing the period during which a person has been an advocate of the
High Court or held judicial office, there shall be included any period
during which he has held judicial office after he became an advocate or, as
the case may be, the period during which he has been an advocate after
having held judicial office.
(1) The Government may appoint Additional Prosecutors General and Deputy
Prosecutors General to conduct criminal cases in the Supreme Court, the High
Court, the Federal Shariat
Court or any other
(2) The Government shall appoint a
District Public Prosecutor in each district who shall be the officer
incharge of the prosecution in the district
within the meanings of the Code.
Appointments to the Service, except appointment of the Prosecutor General
under section 6, shall be either by initial recruitment or by promotion or
by transfer as prescribed.
(4) All appointments by initial
recruitment shall be made on the recommendation of Punjab Public Service
Powers and Functions of the Prosecutors
9. Conduct of prosecution.–
(1) The Prosecutors shall be responsible for the conduct of prosecution
on behalf of the Government.
(2) The Prosecutor General or if so
authorized by him, an Additional Prosecutor General shall distribute work to
the Prosecutors in the Supreme Court, the High Court, the Federal Shariat
Court or a Special Court established under any law for the time being in
(3) A District Public Prosecutor shall
distribute work to the Prosecutors with respect to the Courts of Session and
Courts of Magistrates within a district.
(4) A police report under section 173
of the Code including a report of cancellation of the first information
report or a request for discharge of a suspect or an accused shall be
submitted to a Court through the Prosecutor appointed under this Act.
(5) The Prosecutor shall scrutinize the
report or the request and may–
(a) return the same within three
days to the officer incharge of police station
or investigation officer, as the case may be, if he finds the same to be
defective, for removal of such defects as may be identified by him; or
it is fit for submission, file it before the Court of competent
(6) On receipt of an interim police
report under section 173 of the Code, the Prosecutor shall–
(a) examine the reasons assigned
for the delay in the completion of investigation and if he considers the
reasons compelling, request the Court for the postponement of trial and in
case investigation is not completed within reasonable time, request the
Court for commencement of trial; and
cases where reasons assigned for delay in the completion of investigation
are not compelling, request the Court for commencement of trial on the basis
of the evidence available on record.
The Prosecutor shall submit, in writing, to the Magistrate or the Court, the
result of his assessment as to the available evidence and applicability of
offences against all or any of the accused as per facts and circumstances of
the case and the Magistrate or the Court shall give due consideration to
If an accused pleads guilty or, as the case may be, at the time the
Prosecutor sums up the case, the Prosecutor shall propose to the Magistrate
or the Court the punishment which, in his opinion, the accused should be
10. Powers of Prosecutor.–
(1) The Prosecutor General may issue general guidelines to the
Prosecutors or officers responsible for investigation for effective and
(2) The Prosecutor General or the
District Public Prosecutor may, refer to the authority, competent to
initiate disciplinary proceedings under any law for the time being in force,
to take disciplinary action against any public servant working in connection
with investigation or prosecution, for any act committed by him and is
prejudicial to the prosecution.
(3) A Prosecutor may–
exercise all or any of the powers mentioned in section 9;
for a report within a specified time from any officer of law enforcing
agency in relation to an investigation;
for record or any other document within a specified time from a law
enforcement agency and if necessary, from any other Government department or
agency as may be necessary for the purposes of prosecution;
such functions and exercise such powers as may be entrusted to him under the
Code and any other law for the time being in force;
the consent of the Court, withdraw from prosecution of any person either
generally or in respect of any one or more of the offences for which he is
being tried, after obtaining prior approval of–
the District Public Prosecutor, where the offence is punishable up to
the Prosecutor General, where the offence is punishable
upto seven years; and
the Government, in all other offences and for the offences triable by
the Special Courts; and
(f) at any stage of a trial before any trial court subordinate to the High
Court before the judgment is passed, the Prosecutor General or any
Prosecutor specifically authorized by him, may, for reasons to be recorded
in writing, inform the court on behalf of the Government that the Prosecutor
shall not prosecute the accused upon the charge and thereupon all
proceedings against the accused shall be stayed and he shall be discharged
of and from the same:
Provided that such discharge shall not amount to an acquittal unless the
court directs otherwise.
11. Conduct of prosecution before
Superior Courts.– (1) Without prejudice to the powers conferred
under any law on the office of the Attorney General of Pakistan and the
Advocate General, the Prosecutor General and the Additional Prosecutor
General may depute any Prosecutor, otherwise qualified, for conducting
prosecution before the Supreme Court, the High Court or the Federal Shariat
(2) The Prosecutor General shall keep
liaison with the office of the Attorney General of Pakistan and the Advocate
General in relation to criminal matters pending in any such Court.
12. Responsibilities of Police towards
Prosecutors.– (1) An officer
incharge of a police station or the
investigation officer shall–
report to the District Public Prosecutor, the registration of each criminal
case by sending a copy of the first information report;
(b) send the
police report under section 173 of the Code, to the concerned Prosecutor
within the period prescribed by law; and
(c) if an
investigation is not completed or cannot be completed within the time
provided under the law, record reasons for the delay and inform the
An officer incharge of the police station or
investigation officer shall, within the time specified by the Prosecutor,
comply with the directions and remedy the defects pointed out by the
Prosecutor in a police report under section 173 of the Code including report
for cancellation of the first information report or request for discharge of
an accused or suspect.
13. Duties of the Prosecutors.–
(1) The Prosecutor General shall–
an annual report of the Service to the Government within three months of the
conclusion of the calendar year to which the report pertains:
Provided that the Government
shall lay the report before the Provincial Assembly within two months of its
keep the Government informed about the
performance of the Service.
(2) A Prosecutor, working under
of the Prosecutor General, shall keep the Prosecutor General informed about
the progress of all the cases under his charge.
(3) The District Prosecutor shall keep
the Prosecutor General informed about the progress of all criminal cases in
A Prosecutor, working under the supervision and control of the District
Public Prosecutor, shall keep the concerned District Public Prosecutor
informed about the progress of all criminal cases under his charge.
(5) Where a Prosecutor is of the
opinion that an application for enhancement of sentence or a revision should
be filed in any case, he shall refer the matter to the District Public
Prosecutor or the Prosecutor General, who shall take appropriate measures
thereon under the law.
(6) In case of acquittal by a–
(i) Court in a district, the concerned District Public
(ii) Special Court, the concerned
Prosecutor, shall report the details of the case to the Prosecutor General
along with grounds for appeal and the Prosecutor General may request the
Government for preferring an appeal.
(7) A Prosecutor shall maintain an
independent file in the prescribed manner of each case assigned to him for
A District Public Prosecutor shall act as a member of the Criminal Justice
Coordination Committee established under Article 110 of the Order.
(9) A Prosecutor shall–
all matters, perform his functions and exercise his powers fairly, honestly,
with due diligence, in the public interest and to uphold justice;
(b) on receipt of the police
report, final or interim, including a report for cancellation of first
information report or request for discharge of an accused, scrutinize the
same and process it under section 9;
such entries in the record and registers as may be prescribed;
(d) report to the District Public Prosecutor, details of investigations, if
any, conducted in violation of law or instructions issued by the Prosecutor
General or not completed in the time provided under law without reasonable
cause and the District Public Prosecutor may inform the head of
investigation and the Prosecutor General for appropriate action; and
such other duties as may be assigned to him under this Act by the Government
or the Prosecutor General.
Establishment of Process Serving Agency
14. Establishment of agency.–
(1) The Government may establish a criminal process serving agency to
perform such process serving functions as may be prescribed.
(2) The criteria for appointment and
terms and conditions of service of the members of criminal process serving
agency shall be such, as may be prescribed.
15. Power to make rules and regulations.–
(1) The Government may, by notification, make rules for carrying out the
purposes of this Act.
(2) The Prosecutor General may, subject
to rules and with the prior approval of the Government, frame regulations
for giving effect to the provisions of this Act.
16. Terms and conditions of Service.–
Subject to the provisions of this Act and the rules, members of the
Service, including the staff, shall be appointed and governed under the
Punjab Civil Servants Act, 1974 (VIII of 1974) and rules made thereunder.
Code of conduct.–
(1) The Prosecutor General shall, with the prior approval of
Government, issue a code of conduct for the Prosecutors.
(2) A Prosecutor shall perform functions
under this Act in accordance with the code of conduct issued under
18. Indemnity.– (1) No suit,
prosecution or other legal proceedings, shall lie against a Prosecutor in
respect of anything done or attempted to be done by him in good faith under
(2) A Prosecutor appointed under this
Act shall be deemed to be a public servant within the meanings of section 21
of the Pakistan Penal Code, 1860 (Act XLV of 1860).
19. Removal of difficulties.–
The Government may, by order, provide for the removal of any difficulty
which may arise in giving effect to the provisions of this Act.
Act to override other laws.–
Sections 8, 9, 10, 11, 12, 13, 14, 15, 17, 18 and 19 of this Act shall
override all other laws while other sections of the Act shall be read in
conjunction with other laws.]
All appointments made, actions taken and notifications issued by the
Government before the commencement of this Act, with respect to prosecution
of criminal cases, shall be deemed to have been made, taken and issued under