Balochistan Provincial Assembly Secretariat
NOTIFICATION
Dated
Quetta, the 10th December, 2010.
NO.PAB/Legis:V(16)/2010 .
Having been passed the Code of Criminal
Procedure 1898 (Balochistan Amendment) Bill No 16 of 2010, by the
Provincial Assembly of Balochistan on 10th December,2010 and
assented to by the Governor Balochistan on 10th December,2010 is
hereby published as an Act of the Provincial Assembly.
THE
CODE OF CRIMINAL PROCEDURE 1898 (BALOCHISTAN
AMENDMENT)
ACT NO XV OF 2010
(First published after having
received the assent of the Governor Balochistan in the Balochistan Gazette
(Extra-ordinary) dated the 10th
December,2010.
AN
ACT
further to amend the Code of
Criminal Procedure, 1898
Preamble Whereas it is, expedient to
further amend the Criminal Procedure Code 1898, (Act V of 1898), for the
purposes hereinafter, appearing;
It is hereby enacted as follows:
Short title,
extent and
commencement
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1.
(1) This Act may be called the Code of
Criminal Procedure (Balochistan Amendment) Act, 2010.
(2) It shall extend to the whole of
Balochistan except Tribal Areas.
(3)
It
shall come into force at once.
(4)
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Substitution of
Section 3,
Act V of 1898.
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2.
In the Code of Criminal Procedure, 1898 (Act V of 1898), hereinafter referred
to as the aforesaid Code, in section 3, for sub-section (2), the following
shall be substituted, namely:
“(2) Expressions in Former Acts---In every enactment passed before this Code
comes into force, the expressions “Officer exercising (or having) the powers(
or ‘the full powers’) of a “Magistrate”, “Subordinate Magistrate, First
Class” and “Subordinate 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”, the expression “Magistrate
of a Sub-Division of a district” shall be deemed to mean
“Sub-Divisional Magistrate”, the expression “Magistrate of the
district” shall be deemed to mean “District Magistrate”, and the expression
“Joint Sessions Judge” shall mean “Additional Sessions Judge”.”
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Amendment
of Section 4,
Act V of 1898.
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3.
In the aforesaid Code, in section 4, in sub-section (1), clause (ma) shall be
omitted.
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Amendment
of Section 6,
Act V of 1898.
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4.
In the aforesaid Code, in section 6, for sub-section (2) the following shall
be substituted, namely:
“(2) There shall be the following classes of Magistrates, namely;
(a)
Judicial Magistrates:
(i) Magistrates of the First
Class;
(ii) Magistrates of the Second
class;
(iii) Magistrates of the Third class; and
(iv) Special Judicial Magistrates.
(b)
Executive Magistrates:
(i) District Magistrates;
(ii) Additional District
Magistrates;
(iii) Sub-Divisional Magistrates;
(iv) Special Executive Magistrates;
(v) Magistrates of the First Class;
(vi) Magistrates of the Second Class; and
(vii) Magistrates of the Third Class.”
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Amendment
of Section 8,
Act V of 1898.
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5.
In the aforesaid Code, in section 8, after sub-section (1), the following
sub-section (2) shall be added, namely:
“Existing
Sub-Divisions maintained.---
(2) All existing Sub-Divisions which are now usually put under the charge of
a Magistrate shall be deemed to have been made under this Code.”
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Insertion of Section 10 and 11,
Act V of 1898.
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6.
In the aforesaid Code, after section 9, the following section 10 and 11 shall
be inserted, namely:
“10. District Magistrate.--- (1) In every district the
Provincial Government shall appoint a District Magistrate.
(2) The Provincial Government may
also appoint Additional District Magistrate to exercise jurisdiction in one
or more districts and such Additional District Magistrate shall have all or
any of the powers of a District Magistrate under the Code, or under any other
law for the time being in force, as the Provincial Government may direct.
(3) For the purpose of section 192, sub-section (1) and
section 407, sub-section (2) such Additional District Magistrate shall be
deemed to be subordinate to the District Magistrate.
11. Officers temporarily succeeding to vacancies in office of District
Magistrate.--- Whenever in consequence of the office of a District
Magistrate becoming vacant, any officer succeeds temporarily to the chief
executive administration of the district, such officer shall, pending the
orders of the Provincial Government, exercise all the powers and perform all
the duties respectively conferred and imposed by the court on the District
Magistrate.”
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Insertion of Section 13,Act V of
1898.
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7.
In the aforesaid Code, after Section 12, the following Section 13 shall be
inserted, namely:
“13. Power to Put Executive Magistrate in charge of Sub-Division.--- (1) The Provincial Government may
place any Executive Magistrate In Charge of a Sub-Division and relieve him of
the charge as occasion requires.
(2) Such Magistrate shall be called
Sub-Divisional Magistrate.
(3) The Provincial Government may
delegate its power under this section to the District Magistrate.”
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Amendment
of Section 14,
Act V of 1898.
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8.
In the aforesaid Code, for section 14, the following shall be substituted,
namely:
“14.Special Judicial and Executive Magistrates.---(1) The
Provincial Government may on the recommendation of the High Court, confer
upon any person all or any of the powers conferred or conferrable by or under
this Code on a Judicial Magistrate in respect of particular cases or to
particular class or particular class of cases, or in regard to cases
generally in any local area.
(2) Such Magistrates shall be called Special
Judicial Magistrates, and shall be appointed for such term as the Provincial
Government may, in consultation with the High Court by general or special
order, direct.
(3) The Provincial Government may
also appoint Executive Magistrates for particular areas or for performance of
particular functions and confer upon them all or any of the powers
conferrable by or under this Code on an Executive Magistrate.
(4) Such Magistrates shall be
called Special Executive Magistrates, and shall be appointed for such term as
the Provincial Government may by general or special order, direct:
(5) The Provincial Government, may
delegate, subject to such limitations as it thinks fit to any officer under
its control the powers conferred by sub-section (3).”
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Amendment
of Section 15,
Act V of 1898.
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9.
In the aforesaid Code, in section 15, in sub-section (1), after the words
“Judicial Magistrate”, the following words shall be inserted, namely;
“or Executive Magistrate.”
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Amendment
of Section 17,
Act V of 1898.
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10.
(a) In the aforesaid Code, in
section 17; (i) The marginal heading shall be substituted as under, namely:
“Sub-ordination of Judicial
Magistrates to Sessions Judge”
(ii) In sub-section (1), after the
word “All”, the word “Judicial” shall be inserted;
(b) After sub-section (1), the
following sub-sections (2) and (2A) shall be inserted, namely;
“(2) Subordination of Executive Magistrates to District
Magistrate.
All Executive Magistrates appointed under section 12, 13 and 14 shall be
subordinate to the District Magistrate and he may, from 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.
(2A) Subordination of Executive Magistrates to
Sub-Divisional Magistrate. Every Executive Magistrate (other than a
Sub-Divisional Magistrate) in a Sub-Division shall also be subordinate to the
Sub-Divisional Magistrate, subject, however, to the general control of the
District Magistrate.”
(c) After sub-section 4, the
following sub-section (5) shall be added, namely;
“(5) neither the District Magistrate nor the Executive Magistrate appointed
or constituted under section 12, 13 and 14 shall be subordinate to the
Sessions Judge, except to the extent and in the manner hereinafter expressly
provided.”
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Amendment
of Section 25,
Act V of 1898.
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11.
In the aforesaid Code, in section 25 (i) after the words “Sessions Judges”,
the words “and District Magistrates” and a coma shall be inserted; and
(ii) the words “them” shall be
substituted by the words, “Sessions Judge.”
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Amendment
of Section 28,
Act V of 1898.
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12.
In the aforesaid Code, in section 28, the full-stop appearing at the end
shall be replaced by a colon and thereafter the following proviso
shall be added, namely;
“Provided that the offences falling under Chapters VIII, X, XIII and XIV of
Pakistan Penal Code 1860 (Act XLV of 1860), except offences specified in
section 153-A and section 281 of the aforesaid Code, shall be tried by the
Executive Magistrate and the expression “Magistrate” used in the said eighth
column shall mean Executive Magistrate of the respective class.”
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Amendment
of Section 29,
Act V of 1898.
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13.
In section 29, in sub-section (2), the full stop appearing at the end shall
be replaced by a colon and thereafter, the following proviso shall be added,
namely;
“Provided that the offences punishable with imprisonment for a term not
exceeding three years, with or without any other punishment, shall be tried
by the Executive Magistrates.”
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Amendment
of Section 30,
Act V of 1898.
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14.
In the aforesaid Code, in section 30, after the word “invest”, the word
“District Magistrate or” shall be inserted.
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Amendment in Section 36,
Act V of 1898.
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15.
In the aforesaid Code, in section 36 after the word “All” the words “Judicial
and Executive Magistrates” shall be inserted.
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Substitution
of Section 37,
Act V of 1898.
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16.
In the aforesaid Code, for section 37, the following shall be substituted,
namely;
“37. Additional Powers Conferrable on Magistrates The Provincial Government may, in
addition to ordinary powers, invest any Magistrate with any powers specified
in the Fourth Schedule.
Provided in the case of a Judicial Magistrate, such powers shall be conferred
on the recommendation of the High Court.
Provided further that the Provincial Government may authorize a District
Magistrate to invest any Magistrate subordinate to him with any of the powers
specified in Part-II of the Fourth Schedule.”
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Insertion
of Section 38,
Act V of 1898.
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17.
In the aforesaid Code, after section 37, the following section (38) shall be
inserted, namely;
“38. Control of District Magistrate Investing
power. The powers conferred on the District Magistrate by section 37
shall be exercised subject to the control of the Provincial Government.”
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Substitution
of Section 41,
Act V of 1898.
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18.
In the aforesaid Code, for section 41, the following shall be substituted,
namely;
“41. Withdrawal of Powers---The Provincial Government may withdraw all or any powers
conferred by it under this Code, on any person or Magistrate:
Provided that, in case of Judicial Magistrate, the withdrawal of powers shall
not be made except on the recommendation of the High Court.
Provided further that the powers conferred by the District Magistrate may be
withdrawn by the District Magistrate.”
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Amendment
in Section 45,
Act V of 1898.
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19.
In the aforesaid Code, in section 45,-
(a) in sub section (1), in clause
(f), for the words “any officer authorized by the Provincial Government”, the
words “the District Magistrate” shall be substituted; and
(b) in sub section (3),-
(i) In the marginal heading,
after the word “village headmen” the words “by District Magistrate or Sub
Divisional Magistrate” shall be inserted; and
(ii) for the words and brackets
“District Officer (Revenue)”, the words “District Magistrate or
Sub-Divisional Magistrate” shall be substituted.
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Amendment
in Section 62,
Act V of 1898.
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20.
In the aforesaid Code, in section 62, for the words, commas, brackets and
figures “Zila Nazim, District Superintendent of Police and District Pubic Safety
Commission set up under the Police Act, 1861 (V of 1861), simultaneously” the
words and commas “District Magistrate, or if he so directs, to the Sub
Divisional Magistrate” shall be substituted.
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Amendment
in Section 78,
Act V of 1898.
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21.
In the aforesaid Code, in section 78, in sub section (1), for the words
“Magistrate of the First Class” the words, “District Magistrate or
Sub-Divisional Magistrate” shall be substituted.
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Amendment in Section 88,
Act V of 1898.
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22.
In the aforesaid Code, in section 88; (a) In sub section (2), for the words
“Sessions Judge”, the words “District Magistrate” shall be substituted;
(b) In sub section (4), for the
words and brackets “District Officer (Revenue)”, the words “Collector of the
District” shall be substituted;
(c) In sub section (6-B), for the
words “Sessions Judge”, the words “District Magistrate” shall be substituted;
and
(d) In sub section (6-C), (i) After
the word “Court”, the word “or Magistrate” shall be omitted; and
(ii) The full stop appearing at the
end shall be replaced by a colon and thereafter, the following proviso shall
be added, namely;
“Provided that if it is preferred or made in the court of District Magistrate
such Magistrate may make it over for disposal to any Magistrate subordinate
to him.”
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Amendment
in Section 95,
Act V of 1898.
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23.
In the aforesaid Code, in section 95,-
(a) In sub section (1), before the words “Magistrate”, appearing for the
first time the word “District” shall be inserted; and
(b) In sub section (2), before the
words “Court”, appearing at the end of sub section, the words and comma
“District Magistrate, or” shall be inserted.
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Amendment
in Section 96,
Act V of 1898.
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24.
In the aforesaid Code, in section 96, after sub section (1), the following
sub section (2) shall be added namely;
“(2) nothing herein contained shall authorize any Magistrate other than a
District Magistrate to grant a warrant to search for a document, parcel or
other thing in the custody of the postal or telegraph authorities.”
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Amendment
in Section 98,
Act V of 1898.
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25.
In the aforesaid Code, in section 98, in sub section (1), before the words
“Magistrate of the First Class” appearing at the beginning, the words and
comas “District Magistrate, Sub Divisional Magistrate, or” shall be inserted.
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Amendment
in Section 100,
Act V of 1898.
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26.
In the aforesaid Code, in section 100, after the words “Magistrate of the
First Class”, the words “or Sub Divisional Magistrate” shall be inserted.
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Amendment
in Section 106,
Act V of 1898.
|
27.
In the aforesaid Code, in section 106, in sub section (1), after the words
“or the court of” the word and comma “a District Magistrate, a Sub Divisional
Magistrate or” shall be inserted.
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Amendment
in Section 107,
Act V of 1898.
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28.
In the aforesaid Code, in section 107,-
(a) In sub section (1), for the words “Magistrate of the First Class”, the
words “District Magistrate or Sub Divisional Magistrate or an Executive
Magistrate specially empowered in this behalf by the Provincial Government or
the District Magistrate” shall be substituted; and
(b) In sub section (2), for the
words “except with the approval of the Sessions Judge” the words “other than
a District Magistrate” shall be substituted.
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Amendment
in Section 108,
Act V of 1898.
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29.
In the aforesaid Code, in section 108, before the words “Magistrate of the
First Class”, the words “a District Magistrate or a Sub Divisional Magistrate
or an Executive” shall be inserted.
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Amendment
in Section 109,
Act V of 1898.
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30.
In the aforesaid Code, in section 109, before the words “Magistrate of First
Class” the words “a District Magistrate or a Sub Divisional Magistrate or an
Executive” shall be inserted.
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Amendment
in Section 110,
Act V of 1898.
|
31.
In the aforesaid Code, in section 110, before the words “Magistrate of the
First Class” the words “a District Magistrate or a Sub Divisional Magistrate
or an Executive” shall be inserted.
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Amendment
in Section 124,
Act V of 1898.
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32.
In the aforesaid Code, in section 124,-
(a) in sub section (1), for the words “Sessions Judge” the words “District
Magistrate” shall be substituted;
(b) in sub section (2), for the
words “Sessions Judge” the words “District Magistrate” shall be substituted;
(c) in sub section (5), for the
words “Sessions Judge” the words “District Magistrate” shall be substituted;
and
(d) in sub section (6) (i) in the
first paragraph, for the words “Sessions Judge” the words “District
Magistrate” shall be substituted; and
(ii) in the second paragraph, for
the word “Sessions Judge” the words “District Magistrate” shall be
substituted;
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Amendment
in Section 125,
Act V of 1898.
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33.
In the aforesaid Code, in section 125, for the words “Sessions Judge”, the
words “District Magistrate” shall be substituted.
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Amendment
in Section 126,
Act V of 1898.
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34.
In the aforesaid Code, in section 126, in sub section (1), for the words
“concerned Magistrate of the First Class”, the words “District Magistrate or
Sub Divisional Magistrate” shall be substituted.
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Amendment
in Section 127,
Act V of 1898.
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35.
In the aforesaid Code, in section 127, after the word “any” appearing at the
beginning, the word “Executive Magistrate or” shall be inserted.
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Amendment
in Section 128,
Act V of 1898.
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36.
In the aforesaid Code, in section 128;
(a) before the words, “officer in charge of a Police Station” the words,
“Executive Magistrate or” shall be inserted; and
(b) the proviso at the end of the
section shall be substituted by the following:
“Provided that for dispersing any assembly, firing shall not be resorted to
except under the specific direction of a District Magistrate or Sub
Divisional Magistrate or an Executive Magistrate of the First Class.”
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Amendment
in section 129,
Act V of 1898.
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37.
In the aforesaid Code, in section 129 for the words and comma, “the Police
officer of the highest rank not below an Assistant Superintendent or Deputy
Superintendent of Police” the words, “Executive Magistrate of highest rank”
shall be substituted.
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Amendment
in section 130,
Act V of 1898.
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38.
In the aforesaid Code, in section 130;
(a) For the words and comma, “the Police officer of the highest rank not
below an Assistant Superintendent or Deputy Superintendent of Police” the
words, “Executive Magistrate of highest rank” shall be substituted; and
(b) The word, “or such Police
officer” shall be omitted.
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Amendment
in section 131,
Act V of 1898.
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39.
In the aforesaid Code, in section 131;
(a) for the words, “Police officer of the highest rank not below an Assistant
Superintendent or Deputy Superintendent of Police” the words, “Executive
Magistrate” shall be substituted;
(b) for the words, “a Police
officer of the highest rank not below an Assistant Superintendent or Deputy
Superintendent of Police” appearing for the second time, the words “an
Executive Magistrate” shall be substituted; and
(c) for the words “such Police
officer” the words, “Executive Magistrate” shall be substituted.
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Amendment
in section 132,
Act V of 1898.
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40.
In the aforesaid Code, in section 132, in clause (a) after the word “no”, the
word, “Magistrate or” shall be inserted.
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Amendment
of Section 133,
Act V of 1898.
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41.
In the aforesaid Code, in section 133, in sub section (1);
(a) in the first paragraph, for the
words “Magistrates of the First Class” the words and comma “District
Magistrate, a Sub Divisional Magistrate or an Executive Magistrate” shall be
substituted; and
(b) in the last paragraph, for the
words “Magistrate of the First Class” the words “Executive Magistrate” shall
be substituted.
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Amendment
in Section 143,
Act V of 1898.
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42.
In the aforesaid Code, in section 143, for the words “Magistrate of First
Class” the words “District Magistrate or Sub Divisional Magistrate or any
other Executive Magistrate empowered by the Provincial Government or a
District Magistrate in this behalf” shall be substituted.
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Amendment
of Section 144,
Act V of 1898.
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43.
In the aforesaid Code, in section 144,
(a) in sub section (1),-
(i) for the words “the Zila
Nazim upon the written recommendation of the District Superintendent of
Police or Executive District Officer” the word “District Magistrate,
Sub-Divisional Magistrate or any other Executive Magistrate” shall be
substituted.
(ii) In the second paragraph, for
the words “the Zila Nazim”, occurring twice, the words “such Magistrate”
shall be substituted.
(b) in sub section (4) for the
words “The Zila Nazim” the words “Any Executive Magistrate” shall be
substituted.
(c) in sub section (5), for the
words “Zila Nazim” occurring twice, the words “Executive Magistrate” shall be
substituted.
(d) in sub-section (6), for the
words “consecutive days and not more than seven days in a month”, the word
“months” shall be substituted; and
(e) the sub-section (7) alongwith the
proviso thereafter shall be omitted.
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Amendment
in Section 145,
Act V of 1898.
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44.
In the aforesaid Code, in section 145, in sub section (1), for the words
“Magistrate of the First Class” the words “District Magistrate or
Sub-Divisional Magistrate or an Executive Magistrate specially empowered by
the Provincial Government in this behalf” shall be substituted.
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Amendment
in Section 146,
Act V of 1898.
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45.
In the aforesaid Code, in section 146, in sub section (1), in the proviso,
after the words “provided that” the words “District Magistrate or” shall be
inserted.
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Amendment
in Section 147,
Act V of 1898.
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46.
In the aforesaid Code, in section 147, in sub section (1), for the words
“Magistrate of the First Class” the words and comma ”District Magistrate, or
Sub Divisional Magistrate or an Executive Magistrate specially empowered by
the Provincial Government in this behalf” shall be substituted.
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Amendment
in Section 148,
Act V of 1898.
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47.
In the aforesaid Code, in section 148, in sub section (1), for the words “a
Sessions Judge” the words “District Magistrate or Sub Divisional
Magistrate”
shall be substituted.
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Amendment
in Section 167,
Act V of 1898.
|
48.
In the aforesaid Code, in section 167, in sub section (1), the following
explanation shall be added namely;-
“Explanation For the purpose of this
section, in the cases triable by the Executive Magistrate, the expression,
“the nearest Magistrate” means the Executive Magistrate of the First Class
having jurisdiction in the area and in all other cases the Judicial
Magistrates.”
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Amendment
in Section 174,
Act V of 1898.
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49.
In the aforesaid Code, in section 174.-
(a) in sub section (1) after the words “by the Provincial Government”
appearing for the second time, the words “or by any general or special order
of the District or Sub Divisional Magistrate” shall be inserted;
(b) in sub section (2), for the
word “concerned Magistrate”, the words “District Magistrate or Sub-Divisional
Magistrate” shall be substituted; and
(c) for sub section (5), the
following shall be substituted, namely;
“(5) The following Magistrates are empowered to hold inquiries, namely any
District Magistrate, Sub-Divisional Magistrate or any other Executive
Magistrate specially empowered in this behalf by the Provincial Government or
the District Magistrate.”
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Amendment
in Section 186,
Act V of 1898.
|
50.
In the aforesaid Code, in section 186, in sub section (1), at the beginning,
after the word “when” the words and commas “a District Magistrate, a Sub
Divisional Magistrate or, if he is specially empowered in this behalf by the
Provincial government,” shall be inserted.
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Amendment
in Section 190,
Act V of 1898.
|
51.
In this Code, for section 190, the following shall be substituted, namely;
“190. Cognizance of offences by Magistrate.-(1) Except as hereinafter
provided any District Magistrate or a Sub Divisional Magistrate, or any other
Magistrate specially empowered in this behalf may take cognizance of any
offence:
(a) upon receiving a complaint of
facts which constitute such offence ;
(b) upon a report in writing of
such facts made by any police officer ; and
(c) upon information received from
any person other than police officer, or upon his knowledge or suspicion,
that such offence has been committed.
(2) The Provincial Government may
empower any Magistrate to take cognizance under sub- section (1) clause (a)
or clause (b) of offences for which he may try or sent to the Court of
Sessions for trial:
Provided that in the case of Judicial Magistrate the Provincial Government
shall exercise this power on the recommendation of the High Court.
(3) A Magistrate taking cognizance
under sub-section (1) of the offence triable exclusively by a Court of
Sessions shall, without recording any evidence, send the case to the Court of
Session for trial.”
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Amendment
in Section 191,
Act V of 1898.
|
52.
In the aforesaid Code, in section 191,-
(a) before the words “to the Sessions Judge” the words, “in case of Judicial
Magistrate,” shall be added; and
(b) after the words “Sessions Judge” the
words, “and in the case of Executive Magistrate, to the District Magistrate”
shall be added.
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Substitution
of Section 192,
Act V of 1898.
|
53.
In the aforesaid Code, for section 192, the following shall be substituted,
namely:
“192. Transfer of the cases by Magistrates.- (1) Any District Magistrate or
Sub-Divisional Magistrate may transfer any case, of which he has taken
cognizance, for inquiry or trial to any Magistrate Sub-ordinate to him.
Provided that if the offence is triable by the Judicial Magistrate the case
shall be sent to the Court of Sessions for transfer to such Magistrate.
(2). Any District Magistrate may empower any
executive Magistrate sub-ordinate to him, who has taken cognizance of any
case, to transfer such case for inquiry or trial to any other Executive
Magistrate in his district who is competent under this Code to try the
accused; and such Magistrate may dispose of the case accordingly.
(3). A Sessions Judge may empower any Judicial
Magistrate, who has taken cognizance of any case, to transfer such case for
trial to any other Judicial Magistrate in his district, and such Magistrate
may dispose of this case accordingly”.
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Amendment
in Section 193,
Act V of 1898.
|
54.
In the aforesaid Code, in section 193, in sub section (1), for the brackets
and figure “(2)”, the brackets and figure “(3)” shall be substituted.
|
Amendment in Section 195,
Act V of 1898.
|
55.
In the aforesaid Code, in section 195, in sub section(1), in clause(a), after
the word, “Subordinate” the words “of some other public servant who is
authorized by general or specific orders of such public servant” shall be
inserted.
|
Amendment
in Section 196- A,
Act V of 1898.
|
56.
In the aforesaid Code, in section 196-A, in clause (2), for the words
“Officer-in-charge of the prosecution in the District”, the words “a District
Magistrate” shall be substituted.
|
Amendment
in Section 196-B,
Act V of 1898.
|
57.
In the aforesaid Code, in section 196-B, for the words “Officer-in-charge of
the investigation in the District”, the words “a District Magistrate” shall
be substituted.
|
Amendment
in Section 249,
Act V of 1898.
|
58.
In the aforesaid Code, in section 249, after the words and comma “Sessions
Judge,” the words “in case of Judicial Magistrate and District Magistrate in
the case of Executive Magistrate” shall be inserted.
|
Amendment
in Section 386,
Act V of 1898.
|
59.
In the aforesaid Code, in section 386,-
(a) in sub-section (1), in clause (b), for the words and brackets “District
Officer (Revenue)” the words “Collector of the District” shall be
substituted; and
(b) In sub-section (3), for the words
and brackets “District Officer (Revenue)” the word “Collector of the
District” shall be substituted.
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Amendment
in section 406,
Act V of 1898.
|
60.
In the aforesaid Code, for section 406, the following shall be substituted,
namely;
“406. Appeal from order requiring security for keeping the peace or for good
behavior.---Any
person who has been ordered by a Magistrate under section 118 to give
security for keeping the peace or for good behavior may appeal against such
order to the Court of Sessions:
Provided that nothing in this section shall apply to the person the
proceeding against whom are laid before the Sessions Judge in accordance with
the provisions of sub-section (2) or sub-section (3-A) of section 123.”
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Amendment
in Section 436,
Act V of 1898.
|
61.
In the aforesaid Code, in section 436, in clause (b), for the words “any
Magistrate”, the words “the District Magistrate by himself or by any of the
Executive Magistrates subordinate to him” shall be substituted.
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Amendment
in Section 503,
Act V of 1898.
|
62.
In the aforesaid Code, in section 503, in sub section (1),-
(a) after the words “appears to”,
the words and comma “a District Magistrate” shall be inserted;
(b) after the words and comma
“unreasonable, such”, the words “Magistrate or” shall be inserted; and
(c)
before
the words “Magistrate of First Class”, the words “District Magistrate or”
shall be inserted.
(d)
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Amendment
in Section 506,
Act V of 1898.
|
63.
In the Code, in section 506,- (a) after the words “any Magistrate”, the words
and comma “other than a District Magistrate” shall be inserted;
(b) after the words “such
Magistrate” the comma and words “if he is a Judicial Magistrate,” shall be
inserted;
(c) after the words “apply to the
Sessions Judge”, the words and comma “and if he is an Executive Magistrate,
shall apply to the District Magistrate”, shall be inserted; and
(e)
after
the words “and the Sessions Judge”, the words and commas “or the District
Magistrate, as the case may be,” shall be inserted.
(f)
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Amendment
in Section 514,
Act V of 1898.
|
64.
In the aforesaid Code, in section 514, in sub section (3), for the words and
brackets “District Officer (Revenue)”, the words “Collector of the District”
shall be substituted.
|
Substitution
of Section 515,
Act V of 1898.
|
65.
In the aforesaid Code, for section 515, the following shall be
substituted, namely:
“515 Appeals from, and revision of, order under section 514,---
All orders passed under section 514 by a District Magistrate or Judicial
Magistrate shall be appealable to Sessions Judge, and all orders passed by an
Executive Magistrate other than a District Magistrate shall be appealable to
the District Magistrate , or if no appeal is made against any such order, may
be revised, in the case of an order passed by a District Magistrate or a
Judicial Magistrate, by the Sessions Judge, and in the case of an order passed
by an Executive magistrate other than a District Magistrate, by the District
Magistrate.”
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Amendment
in section 517,
Act V of 1898.
|
66.
In the aforesaid Code, in section 517, in sub section (2), for the words
“District Officer (Revenue)”, the words “District Magistrate” shall be
substituted.
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Amendment
in Section 518,
Act V of 1898.
|
67.
In the aforesaid Code, in Section 518,-
(a) in the marginal heading, after the words “reference”, the words “to
District Magistrate or Sub Divisional Magistrate” shall be inserted; and
(b) for the words “a Magistrate of
the First Class” the words “District Magistrate or to a sub Divisional
Magistrate,” shall be substituted.
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Amendment
in Section 524,
Act V of 1898.
|
68.
In the aforesaid Code, in Section 524, in Sub Section (1), for the words
“Magistrate of the First Class”, the words “District Magistrate or Sub
Divisional Magistrate, or any other Executive Magistrate” shall be
substituted.
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Insertion
of Section 528-A,
Act V of 1898.
|
69.
In the aforesaid Code, after section 528, the following section 528-A shall
be inserted, namely;
“528-A Powers of District Magistrate for transfer of cases, etc.
--- (1) A
District Magistrate may withdraw or recall any case which he has made over to
a Magistrate subordinate to him.
(2) Where a District Magistrate
withdraws or recalls a case under sub section (1), he may either try the case
himself or make it over in accordance with the provisions of this Code for
trial to any other Magistrate subordinate to him.
Explanation: For the purpose of this section,
the Executive Magistrate shall be subordinate to the District Magistrate.”
|
Amendment
of Section 552,
Act V of 1898.
|
70.
In the aforesaid Code, in section 552, for the words “Sessions Judge” the
words “District Magistrate” shall be substituted.
|
Amendment
of Section 559,
Act V of 1898.
|
71.
In the aforesaid Code, in section 559, in sub section (2), after the words
“Sessions Judge”, the words and comma “in the case of a Judicial Magistrate,
and the District Magistrate in the case of an Executive Magistrate” shall be
inserted.
|
Amendment
in Schedule-III,
Act V of 1898.
|
72.
In the aforesaid Code, in Schedule III, after Part-III, the following Part
(IV) and (V) shall be added.
“PART-IV
Ordinary Powers of a Sub Divisional Magistrate
Appointed Under Section 13
1.
The ordinary powers of a Magistrate of the First Class.
2. Power
to direct warrants to landholders, section 78.
3. Power to
issue search warrant otherwise than in course of an inquiry, section 98.
4. Power to
issue search warrant for discovery of persons wrongfully confined, section
100.
5. Power to
require security to keep peace, section 107
6. Power to
require security for good behavior, section 109.
7. Power
to require security for good behavior, section 110.
8. Power to
discharge sureties, section 126-A
9. Power to
make orders as to Local nuisances, section 133.
10. Power to
make orders prohibiting repetitions of nuisances, section 143.
11. Power to make
orders under, section 144.
12. Power to make
orders etc. in possession cases, section 145, 146 and 147.
13. Power to
depute subordinate Magistrate to make local inquiries section, 148.
14. Power to
order police investigation into cognizable case, section 156.
15. Power to
receive report of police officer and pass order, section 17 3.
16. Power to hold
inquests, section 174.
17. Power to issue
process for person within local jurisdiction who has committed an offence
outside the local jurisdiction, section 186.
18. Power to
entertain complaints, section 190.
19. Power to
receive police reports, section 190.
20. Power to
entertain case without complaints, section 190.
21. Power to
transfer case to a subordinate Magistrate, section 192.
22. Power to
pass sentence on proceedings recorded by a Subordinate Magistrate, section
349.
23. Power to
forward record of inferior court to District Magistrate, section 435 (2).
24. Power to
sell property alleged or suspected to have been stolen etc., section 524.
PART-V
Ordinary Powers of District Magistrate
1.
The ordinary powers of a Sub Divisional Magistrate.
2. Power
to require delivery of letters, telegrams, etc., section 95.
3. Power
to issue search warrants for documents in custody of postal or telegraph
authority, Section 96.
4. Power
to require security for good behavior in case of sedition, section 108.
5. Power
to release person imprisoned for failing to give security, section 124.
6. Power
to cancel bond for keeping the peace, section 125.
7. Power to
order preliminary investigation by Police officer not below the rank of
Inspector in certain cases, section 196-B
8. Power
to tender pardon to accomplice at any stage of a case, section 337.
9. Power
to hear appeals from order requiring security for keeping the peace or good
behavior, section 406.
10. Power to
hear appeals from order of Magistrate refusing to accept or rejecting
sureties, section 406-A.
11. Power to
hear or refer appeals from convictions by Magistrate of the second and third
classes, section 407.
12. Power to
call for records, section 435.
13. Power to
order inquiry into complaint dismissed, or case of accused discharged,
section 436.
14. Power to appoint
person to be public prosecutor in particular cases, section 492(2).
15. Power to issue
commission for examination of witness, section, 503, 506.
16. Procedure on
forfeiture of bond, section, 514
17. Power to hear
appeals from or revise orders passed under, section, 515.
18. Power to withdraw
cases other than appeals, and to try or refer them for trial,
Section 528-A.
19. Power to compel
restoration of abducted female, section 552”
|
Amendment
in Schedule IV,
Act V of 1898.
|
73.
In the aforesaid Code, in schedule IV,-
(a) In Part-I, after entry No.1, the following new entries shall be inserted
namely;
“(2)
Power to issue process for persons within local jurisdiction who has
committed an offence outside the local jurisdiction, section 186
(3)
Power to take cognizance of offences upon complaint, section 190
(4)
Power to take cognizance of offences upon police report, section 190
(5)
Power to take cognizance of offences without complaint, section 190
(6)
Power to transfer cases, section 192.”
(b) after Part-I, the following
Part-II shall be inserted, namely;
“PART-II
Power with which any of the Executive Magistrates may be
invested by the Provincial Government
1.
Power to make order prohibiting repetition of nuisance, section 143.
Power to make orders under Section, 144.
3.
Power to make orders etc. in possession cases, section 145 and 147.
4.
Power to hold inquests, section 174.
5.
Power to sell property alleged or suspected to have been stolen etc., section
524.
Power with which any Executive
Magistrates may be Invested by the District Magistrate.
1.
Power to make order prohibiting repetition of nuisance, section 143.
2.
Power to make orders under section, 144.
3.
Power to hold inquests, section 174”.
|
Amendment
in Schedule V,
Act V of 1898.
|
74.
In the aforesaid Code, in Schedule V,-
(a) In Form-III, before the word
“Magistrate” the word “District” shall be inserted.
(b)
In
Form-VI, relating to authorizing an attachment, for the words and brackets
“District Officer (Revenue)”, the words “Collector of the District” shall be
substituted.
(c)
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Repeal and savings
|
75.
(1) The Code of Criminal Procedure
(Balochistan Amendment) Ordinance 2010 (III of 2010) is hereby
repealed.
(2) Notwithstanding the repeal of
the Ordinance mentioned in sub-section (1), any thing done, action taken,
obligation, liability, penalty or punishment, incurred, inquiry or proceeding
commenced, person appointed or person authorized, jurisdiction or power
conferred and order issued under any of the provision of the aforesaid
ordinance shall if not inconsistent with the Provision of this Act continue in
force and shall be deemed to have been respectively done, taken, incurred,
commenced, appointed, authorized, conferred, made, imposed, released or
issued under this Act.
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Secretary
Balochistan Provincial Assembly.
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