be made by 1[any Justice of the Peace, or by] a policeofficer, or by such other person as it thinks fit, for the
purpose of ascertaining the truth or falsehood of the complaint:
Provided that, save where the complaint has been made by a Court, no such direction shall be made
unless the complainant has been examined on oath under the provisions of section 200.
(2) A Court of Session may, instead of directing an investigation under the provisions of subsection (1),
direct the investigation to be made by any Magistrate subordinate to it for the purpose of ascertaining the
truth or falsehood of the complaint.
(3) If any inquiry or investigation under this section is made by a person not being a Magistrate, 1[or
Justice of the Peace] or a policeofficer, such person shall exercise all the powers conferred by this Code on
an officerincharge of a policestation, except that he shall not have power to arrest without warrant.
(4) Any Court inquiring into a case under this section may, if it thinks fit, take evidence of witnesses on
oath,]
203. Dismissal of complaint. The 2[Court] before whom a complaint is made or to whom it has been
transferred 3[or sent] may dismiss the complaint, if, 4[after considering the statement on oath (if any) of the
complainant and the result of 5[the investigation] or inquiry 6[(if any)] under section 202]; there is in his
judgment no sufficient ground for proceeding. In such cases he shall briefly record his reasons for so doing.
7[203A. Complaint in case of Zina.__(1) No court shall take cognizance of an offence under section 5
of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), except on a complaint
lodged in a Court of competent jurisdiction.
(2) The Presiding Officer of a Court taking cognizance of an offence on a complaint shall at once
examine, on oath, the complainant and at least four Muslim, adult male eyewitnesses, about whom the
Court is satisfied having regard to the requirement of tazkiyahalshahood, that,
they are truthful persons and abstain from major sins (kabair), of the act of penetration necessary to the
offence:
Provided that, if the accused is a nonMuslim, the eyewitnesses may be nonMuslims.
Explanation.__In this section "tazkiyahalshahood" means the mode of inquiry adopted by a Court to
satisfy itself as to the credibility of a witness.
(3) The substance of the examination of the complainant and the eye witnesses shall be reduced to
writing and shall be signed by the complainant and the eye witnesses, as the case may be, and also by the
Presiding Officer of the Court.
1 Ins. by Ord. 12 of 1972, s.2 and Sch.
2 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for “Magistrate”.
3 Ins. ibid.
4 Subs. by Act 18 of 1923, s.55 , for “after examining the complainant and considering the result of the investigation (if any) made under section 202”.
5 Subs. by the Code of Criminal Procedure (Amdt.) Act, 1926 (2 of 1926), s. 5, for “any investigation”.
6 Ins. ibid.
7 Ins. by Act VI of 2006, s. 8.
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