An ordinance further to amend the Code of Criminal Procedure, 1898

[Gazette of Pakistan, Extraordinary, part I, 21st November, 2002]

          F. No. 2(1)/2002-pub.—The following ordinance promulgated by the president on 15th November, 2002 is hereby published for general information:-

Whereas it is expedient further the amend the code of Criminal procedure, 1998 (Act V of 1898), for the purposes hereinafter appearing;

And whereas the president is satisfied that circumstances exist which render it necessary to take immediate action;

Now, therefore, in pursuance of the proclamation of Emergency of the fourteenth day of October, 1999, and the provisional Constitution order No. 1 of 1999, read with the provisional constitution (Amendment) order No. 9 of 1999, and in exercise of all other powers enabling by him in that behalf, the president of the Islamic Republic of Pakistan is pleased to make and promulgate the following ordinance:-

1.         Short title and commencement :- (1) This ordinance may be called the code of Criminal Procedure (Third Amendment) Ordinance, 2002.

(2)         It shall come into force at once.

2.         Amendment of Section 22-A, Act V of 1898:- In the code of Criminal procedure 1898 (Act V of 1898), hereinafter referred to as the said code, in Section 22-A, after sub-section (5), the following new sub-section shall be added, namely:

(6)     An ex-officio justice of the peace may issue appropriate directions to the police authorities concerned on a complaint regarding—

(i)                Non-registration of a criminal case;

(ii)               Transfer of investigation from one police officer to another; and

(iii)              Neglect, failure or excess committed by a police authority in relation to its functions and duties.

3.         Amendment of Section 25, Act V of 1898:- In the said code, for section 25 the following shall be substituted, namely:–

25.     Ex-officio justices of the peace.— By virtue of their respective offices, the Sessions judges and on nomination by them, the Additional Sessions judges, are justices of the peace within and for whole of the district of the province in which they are serving.