The Code of Criminal Procedure
1ACT NO. V OF 1898
[22nd March, 1898]
An Act to consolidate and amend the law relating to the Criminal Procedure.
WHEREAS it is expedient to consolidate and amend the law relating to Criminal Procedure; It is hereby
enacted as follows:
PART I
PRELIMINARY
CHAPTER I
1. Short title. commencement.__(1) This Act may be called the Code of Criminal Procedure, 1898
; and it shall come into force on the first day of July, 1898.
(2) Extent. It extends to 2[the whole of Pakistan]; but, in the absence of any specific provision to the
contrary, nothing herein contained shall affect any special or local law now in force, or any special
jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time
being in force, 3* * *.
3* * * * * * *
2. [Repeal of enactments, notifications, etc., under repealed Acts. Pending cases.] Rep. by the Repealing
and Amending Act, 1914 (X of 1914).
1 For Statement of Objects and Reasons, see Gazette of India, 1897, Pt. V, p. 363 ; for Report of the Select Committee, see ibid., 1898, Pt. V, p.19; and for Proceedings in Council, see ibid., 1897, Pt. VI,
pp. 238 and 254; and ibid., 1898, pp. 22, 101 and 175.
It has been declared to be in force in
Baluchistan, by the British Baluchistan Laws Regulation, 1913 (2 of��1913), s.3 and Sch. I.
It has been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950) ; and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937,
Pt. I. p. 1499.
It has also been extended to the Excluded Area of Upper Tanawal other than Phulera by the N.W.F.P (Upper Tanawal) (Excluded Area) Laws Regulation, 1950, and declared to be in force in that
area with effect from 1st June, 1951, see N.W.F.P. Gazette, Extraordinary, dated 1st June, 1951.
It has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to certain modifications, see N.W.F.P. (Upper Tanawal) (Excluded
Area) Laws Regulation, 1950.
Extended to the added area of the NorthWest Frontier Province (see First Schedule to (G.G.O. 1 of 1952), with effect from the 7th February, 1952. see N.W.F.P. Gazette, 1952, Pt. I, p. 70.
It has also been extended to the added areas mentioned in First Schedule of G.G.O. 13 of 1955, see Gazette of West Pakistan, 1957, Ext., p. 555.
As to its application in certain districts on the Sindh Frontier, see the Sindh Frontier Regulation, 1872 (5 of 1872), s. 11, and the Sindh Frontier Regulation, 1892 (3 of 1892).
It has been amended in its application to
(i) the Punjab, by the Punjab Criminal Procedure (Election Offences) Amendment Act, 1936 (Punjab Act 1 of 1936) and the Code of Criminal Procedure (Punjab Amdt.) Act, 1940 (Punjab Act 11 of
1940), Punjab Ordinance 9 of 1971, and the Punjab Ordinance 10 of 1972. ;
The Code of Criminal Procedure, 1898 (Act V of 1898) has been amended by the Law Reforms Ordinance, 1972, (XII of 1972). The date of enforcement of the provisions of the Law Reforms
Ordinance, 1972 except those relating to separation of Judiciary in the different Provinces are as follows:
1. In the Punjab 26121975
2. In N.W.F.P. (Except Tribal Areas) 26121975
3. In Sind 24121975
4. In Quetta Town, Cantonment Areas and Nasirabad Distt.of Baluchistan. 23121975
(ii) N.W.F.P., by the Criminal Procedure (Election Offences) (N.W.F.P. Amdt). Act, 1937 (N.W.F.P. Act 10 of 1937), the Code of Criminal Procedure (N.W.F.P Amdt.) Act, 1940 (N.W.F.P. Act 8 of
1940) ;
(iii) The Province of West Pakistan by West Pakistan Act No. 11 of 1963, s.2 (with effect from the 12th July, 1963) West Pakistan Act No. 17 of 1964, s.2 (with effect from the 1st April, 1964) the West
Pakistan Act 8 of 1968, and West Pakistan Ordinance 33 of 1969; and
(iv) The Provisions of the Law Reforms Ordinance, 1972 (12 of 1972), relating to amendments in the Code of Criminal Procedure, 1898 (5 of 1898), enforced w.e.f. 261275 in Punjab and N.W.F.P.
(except Tribal Areas), w.e.f. 241275 in sind w.e.f. 231275 in Quetta Town Cantonment Area and Nasirabad District of Baluchistan.
2 Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch., for “all the Provinces and the capital of the Federation”, which had been subs. by A.O., 1949, Arts. 3(2)
and 4, for “the whole of British India”.
3 The words “or shall apply to”, the original clauses (a), (b) and (c), and the proviso following as amended by the Devolution Act, 1920 (38 of 1920), s.2 and Sch. I, and A.O., 1937, omitted by A.O.,
1949, Sch.
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