Provided further that the aforesaid proviso shall cease to have effect, and shall be deemed to
have been repealed, at the time when local Governments are installed in the districts as aforesaid.]
63. Discharge of person apprehended. No person who has been arrested by a policeofficer
shall be discharged except on his own bond, or on bail, or under the special order of a Magistrate.
64. Offence committed in Magistrate’s presence. When any offence is committed in the
presence of a Magistrate within the local limits of his jurisdiction, he may himself arrest or order
any person to arrest the offender, and may thereupon, subject to the provisions herein contained as
to bail commit the offender to custody.
65. Arrest by or in presence of Magistrate. Any Magistrate may at any time arrest or direct
the arrest, in his presence, within the local limits of his jurisdiction, of any person for whose arrest
he is competent at the time and in the circumstances to issue a warrant.
66. Power, on escape, to pursue and retake. If a person in lawful custody escapes or is
rescued, the person from whose custody he escaped or was rescued may immediately pursue and
arrest him in any place in 1[Pakistan].
67. Provisions of sections 47, 48 and 49 to apply to arrests under section 66. The
provisions of sections 47, 48 and 49 shall apply to arrests under section 66, although the person
making any such arrest is not acting under a warrant and is not a policeofficer having authority to
arrest.
___________
CHAPTER VI
OF PROCESSES TO COMPEL APPEARANCE
A.Summons
68. Form of summons.(1) Every summons issued by a Court under this Code shall be in
writing in duplicate, signed and sealed by the presiding officer of such Court, or by such other
officer as the High Court may, from time to time, by rule, direct.
(2) Summons by whom served. Such summons shall be served by a policeofficer, or subject
to such rules as the 1[Provincial Government] may prescribe in this behalf, by an officer of the
Court issuing it or other public servant 2[:] 3[Provided that the Court may, at the request of the
complainant or the accused, allow him to serve the summons on his own witnesses.]
1 Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “the Provinces and the Capital of the Federation”, which had
been subs. by A.O., 1949, Arts. 3(2) and 4, for “British India”.
2 Subs. by A.O., 1937, for “L.G.”.
3 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for “fullstop”.
4 Proviso added ibid.
1 * * * * * * *
Page 40 of 319