Code of Criminal Procedure (Amendment) Ordinance 2009

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ORDINANCE VII OF 2009

CODE OF CRIMINAL PROCEDURE

(AMENDMENT) ORDINANCE, 2009^*^

An Ordinance further to amend the Code of

Criminal Procedure, 1898

[Gazette of Pakistan , Extraordinary, Part I,

27th February, 2009]

No.2(I)/2009-Pub., dated 27-2-2009.---The following Ordinance promulgated by the President is hereby published for general information:--

Whereas it is expedient further to amend the Code of Criminal Procedure, 1898 (Act V of 1898), for the purpose hereinafter appearing;

And whereas the National Assembly is not in session and the President is satisfied that circumstances exist which render it necessary to take immediately action.

Now therefore, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance:--

  1. Short title and commencement .---(1) This Ordinance may be called the Code of Criminal Procedure (Amendment) Ordinance, 2009.

(2) It shall come into force at once.

  1. Substitution of section 12, Act V of 1898 .--In the Code of Criminal Procedure, 1898 (V of 1898), for section 12, the following shall be substituted, namely:--

"12. Subordinate Magistrates.---(1) The Provincial Government may appoint as many persons as it thinks fit to be Magistrates of the first, second or third class in any district, and the Sessions Judge may, from time to time, define local areas within which such persons may exercise all or any of the powers with which they may respectively be invested; and shall direct one or more Magistrates of the first class to work as Mobile Court to try any offence or such offences as may be determined under this Code.

(2) Except as otherwise provided by such definition, the jurisdiction and powers of such persons shall extend throughout such district.

(3) Notwithstanding anything contained in the Code or in any other law for the time being in force, the Mobile Court shall try such offences, in summary way, as provided in Chapter XXII of the Code.

(4) The Provincial Government or any officer authorized by the Provincial Government in this behalf, from time to time, shall provide necessary facilities and the District Police Officer shall provide police force and security to such Mobile Courts for their smooth functioning within their territorial jurisdiction.

(5) The Presiding Officer of the Mobile Court shall send a daily return to the Sessions Judge containing the details of each case cognizance of which is taken by such court along with names of persons, addresses and offences with punishments imposed or such other details as may be prescribed by the Sessions Judge.".

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