Code of Criminal Procedure (Second Amendment) Act 1994

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ACT XX OF 1994

CODE OF CRIMINAL PROCEDURE (SECOND AMENDMENT) ACT, 1994

An Act further to amend the Code of Criminal Procedure, 1898

[Gazette of Pakistan, Extraordinary, Part 1, 14th November, 1994]

The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 28th October, 1994 and 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;

It is hereby enacted as follows:--

1. Short title and commencement.--(l) This Act may be called the Code of Criminal Procedure (Second Amendment) Act, 1994.

(2) It shall come into force at once.

**2. Amendment of section 167, Act V of 1898.--**In the Code of Criminal Procedure, 1898 (Act V of 1898), hereinafter referred to as the Criminal Code, in section 167, after subsection (4), the following new subsection shall be added, namely:--

"(5) Notwithstanding anything contained in sections 60 and 61 or hereinbefore to the contrary, where the accused forwarded under subsection (2) is a female, the Magistrate shall not, except in the cases involving Qatl or dacoity supported by reasons to be recorded in writing, authorise the detention of the accused in police custody, and the police officer making an investigation shall interrogate the accused referred to in subsection (1) in the prison in the presence of an officer of jail and a female police officer.

(6) The officer in-charge of the prison shall make appropriate arrangements for the admission of the investigating police officer into the prison for the purpose of interrogating the accused.

(7) If for the purpose of investigation, it is necessary that the accused referred to in subsection (1) be taken out of the prison, the officer in-charge of the police station or the police officer making investigation not below the rank of Sub-Inspector, shall apply to the Magistrate in that behalf and the Magistrate may, for the reasons to be recorded in writing, permit taking of accused out of the prison in the company of a female police officer appointed by the Magistrate:

Provided that the accused shall not be kept out of the prison while in the custody of the police between sunset and sunrise."

**3. Amendment of section 417, Act V of 1898.-**In the Criminal Code in section 417, after subsection (2), the following new subsection shall be inserted namely:--

"(2A) A person aggrieved by the order of acquittal passed by any Court other than a High Court, may, within thirty days, file an appeal against such order."

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