Provided further that if the information, given by the woman against whom an offence under section 336B, section
354, section 354A, section 376 or section 509 of the Pakistan Penal Code, 1860 (Act XLV of 1860) is alleged to have
been committed or attempted, is distressed such information shall be recorded by an investigating officer at residence
of the complainant or at a convenient place of the complainant's choice in presence of a police officer or family
member or any other person with consent of the complainant, as the case may be.].
155. Information in noncognizable cases.__(1) When information is given to an officer incharge of a police
station of the commission within the limits of such station of a noncognizable offence, he shall enter in a book to be
kept as aforesaid the substance of such information and refer the informant to the Magistrate.
(2) Investigation into noncognizable cases. No policeofficer shall investigate a noncognizable case without
the order of a Magistrate of the first or second class having power to try such case 1[or send the same for trial to the
Court of Session].
(3) Any policeofficer receiving such��order may exercise the same powers in respect of the investigation (except
the power to arrest without warrant) as an officer in charge of a policestation may exercise in a cognizable case.
156. Investigation into cognizable cases._(1) Any officer in charge of a policestation may, without the order of
a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of
such station would have power to inquire into or try under the provisions of Chapter XV relating to the place of
inquiry or trial.
(2) No proceeding of a policeoffice in any such case shall at any stage be called in question on the ground that
the case was one which such officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under section 190 may order such an investigation as abovementioned.
2[(4) Notwithstanding anything contained in subsections (1), (2) or (3), no policeofficer shall investigate an
offence under section 497 or section 498 of the Pakistan Penal Code, except upon a complaint made by the husband of
the woman, or, in his absence, by some person who had the care of such woman on his behalf at the time when such
offence was committed.].
3[156A.
Investigation of offence under section 295 C, Pakistan Penal Code. Notwithstanding anything
contained in this Code, no police officer below the rank of a Superintendent of Police shall investigate the offence
against any person alleged to have been committed by him under section 295 C of the Pakistan Penal Code, 1860 (Act
XLV of 1860).
156B. Investigation against a woman accused of the offence of zina.___Notwithstanding anything contained in
this Code, where a person is accused of offence of zina under the Offence of zina (Enforcement of Hudood)
Ordinance, 1979 (VII of 1979), no police officer below the rank of a Superintendent of Police shall investigate such
offence nor shall such accused be arrested without permission of the court.
Explanation. In this section 'zina' does not include ‘zinabiljabr’.]
1 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for “or commit the same for trail or of a Presidency Magistrate”.
2 Subsection (4) added by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch.
3 Ins. by Act. I of 05, s. 13.
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