197. Prosecution of Judges and public servants.__1[(1) When any person who is a Judge within the
meaning of section 19 of the Pakistan Penal Code (XLV of 1860), or when any Magistrate, or when any
public servant who is not removable from his office save by or with the sanction of 2[the 3[Federal
Government] or a Provincial Government], is accused of any offence alleged to have been committed by
him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of
such offence except with the 4[previous sanction__
(a) in the case of a person employed in connection with the affairs of the 5[Federation] of the
6
[President] 7* * * ; and
(b) in the case of a person employed in connection with the affairs of a Province, of the Governor of
that Province 7* * *.]].
(2) Power of President or Governor as to prosecution. 8[The 6[President] or Governor, as the case
may be, 7* * *, may determine the person by whom, the manner in which, the offence or offences for
which, the prosecution of such Judge, 9[Magistrate] or public servant is to be conducted, and may specify
the Court before which the trial is to be held.
10
* * * * * * *
11198. Prosecution for breach of contract, defamation and offences against marriage. No Court
shall take cognizance of an offence falling under Chapter XIX or Chapter XXI of the Pakistan Penal Code
(XLV of 1860) or under sections 493 to 496 (both inclusive) of the same Code, except upon a complaint
made by some person aggrieved by such offence:
12[Provided that, where the person so aggrieved is a woman who, according to the customs and
manners of the country, ought not to be compelled to appear in public, or where such person is under the
age of eighteen years or is an idiot or lunatic, or is from sickness or infirmity unable to make a complaint,
some other person may, with the leave of the Court, make a complaint on his or her behalf:]
[Provided further that where the husband aggrieved by an offence under section 494 of the said Code
is serving in any of 14[the armed forces of Pakistan] under conditions which are certified by 15[the
Commanding Officer] as precluding him from obtaining leave of absence to enable him to make a complaint
in person, some other person authorised by the husband in accordance with the provisions of subsection
(1) of section 199B may, with the leave of the Court, make a complaint on his behalf.]
13
1 Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 50, for the original subsection (1).
2 Subs. by A.O., 1949, Sch., for “a [Provincial Government] or some higher authority”. The words in brackets had been subs. for “Local Government” by A.O., 1937.
3 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
4 Subs. by A.O., 1937, for “previous sanction of the L.G.”.
5 Subs. by F.A.O., 1975, Art. 2 and Table, for “Centre” which had been subs. by A.O., 1964, Art. 2 and Sch., for “Federation”.
6 Subs. by A.O., 1961, Art. 2, for “Governor General” (with effect from the 23rd March, 1956).
7 The words “exercising his individual judgment” omitted by G.G.O. 20 of 1947, Art. 6.
8 Subs. by A.O., 1937, for “Such Govt.”.
9 Ins. by Act 18 of 1923, s. 50.
10 Subsection (3) which had been ins. by A.O., 1937, omitted by A.O., 1949, Sch.
11 This section has been amended in the N.W.F.P. by the N.W.F.P. Act 26 of 1950, s. 11.
12 Proviso ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 51.
13 Proviso added by the Code of Criminal Procedure (Second Amdt.) Act, 1943 (28 of 1943), s.2.
14 Subs. by A.O., 1961, Art. 2 and Sch., for “His Majesty’s armed forces” (With effect from the 23rd March, 1956).
15 Subs. ibid., for “His Commanding Officer” (with effect from the 23rd March, 1956).
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