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Protection of Pakistan Ordinance

Full Text

Introduction:

Defence of Human Rights strongly condemns the recently promulgated
Ordinance by the President of Pakistan with the name of Protection of
Pakistan Ordinance on 31
st
October 2013 and later on another by the name
of Protection of Pakistan (Amendment) Ordinance on 22
nd
January 2014.
The legislation is totally against the provisions of the Constitution of
Pakistan and major internationally accepted legal instruments and brutally
undermines the fundamental rights of the citizens. We combined the two
ordinances to show the final text of the law which is practically in force
within Pakistan at this moment. Sharifs government is also trying to get
this ordinance passed by National Assembly as an act of parliament. The
original text of both the ordinances can be found at
http://www.na.gov.pk/uploads/documents/1383819468_951.pdf
and
http://www.na.gov.pk/uploads/documents/1391322775_795.pdf
respectively.


Methodology:

We have used blue italics to show the additions and strikethrough-font to
show the words which have been deleted by the amendment ordinance. We
have tried to replicate faithfully the text of Official Gazette along with wrong
spellings printed in the same.


Defence of Human Rights Pakistan

3
rd
Floor, Majeed Palza,
Bank Road, Sadar,
Rawalpindi, Pakistan

Phone # +92-51-551 1686
secretary@dhrpk.org
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PROTECTION OF PAKISTAN ORDINANCE, 2013



An Ordinance to provide for protection against waging of war against Pakistan and
the prevention of acts threatening the security of Pakistan;

WHEREAS it is expedient to provide for protection against waging of war against
Pakistan, prevention of acts threatening the security of Pakistan and for speedy trial of
offences falling in the Schedule annexed to this Ordinance and for matters connected
therewith or incidental thereto;

AND WHEREAS pursuant to the directions of the Honble Supreme Court in cases of
civil disturbance in different parts of the Country, it has become imperative to
promulgate a law in order to give effect to such directions;

AND WHEREAS the Senate and the National Assembly are not in Session and the
President is satisfied that the circumstances exist which render it necessary to take
immediate 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, extent and commencement.-

(1) This Ordinance may be called the Protection of Pakistan Ordinance, 2013.

(2) It extends to the whole of Pakistan.

(3) It shall come into force on such date or dates as the Federal Government
may appoint in this behalf and different dates may be appointed for different provisions
of this Ordinance.

2. Definitions: - In this Ordinance, unless there is anything repugnant in the
subject or context,-

(a) Armed forces means the Military, Naval and Air Forces of Pakistan and
the Reserves of such Forces;

(b) Civil armed forces means Police, Frontier Constabulary, Frontier Corps,
Pakistan Coast Guards, Pakistan Rangers or any other civil armed force
notified by the Government as such;
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(c) Code means the Code of Criminal Procedure, 1898 (Act V of 1898);

(ca) Combatant Enemy means any person who raises arms against Pakistan,
its citizens, the Armed Forces or Civil Armed Forces or aids or abets the
raising of arms or waging of war against Pakistan or threatens the
security and integrity of Pakistan or commits or threatens to commit any
Scheduled Offence and includes a person who commits any act outside
territory of Pakistan for which he has used the soil of Pakistan for
preparing to commit an act that constitutes an offence under the laws of
Pakistan and the laws of the state where such offence has been
committed;

(d) Enemy alien means a person who fails to establish his citizenship of
Pakistan or has been deprived of his acquired citizenship by the Federal
Government and is suspected to be involved in waging of war or
insurrection against Pakistan or depredation on its territory, by virtue of
involvement in offences specified in the Schedule;

(e) Special Court means the Special Court established under section 7;
(f) Police includes all the police forces established by the Provincial
Governments;

(g) Government means the Federal Government;
(h) Prosecutor General means the person appointed as Prosecutor General
by the Government under this Ordinance;

(i) Prosecuting agency means a prosecuting agency established by the
Government for the prosecution of offences falling under this Ordinance;

(j) Schedule means a Schedule annexed to this Ordinance;
(k) Scheduled offence means an offence as set out in the Schedule
annexed to this Ordinance; and

(l) Special Judicial Magistrate means the Special Judicial Magistrate
appointed under section 7.

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3. Use of armed forces and civil armed forces to prevent scheduled
offences.-(1) Any police officer, or member of the armed forces, or civil armed forces
who is present or deployed in any area may, on reasonable apprehension of
commission of a scheduled offence after giving sufficient warning, use the necessary
force to prevent the commission of a scheduled offence, and in so doing shall, in the
case of an officer of the armed forces or civil armed forces, exercise all the powers of a
police officer under the Code.

(2) In particular and without prejudice to generality of sub- section (1), an
officer of the police, armed forces and civil armed forces may,-

(a) after giving prior warning use such force as may be deemed necessary or
appropriate, keeping in view all the facts and circumstances of the
situation, against any person who is committing or in all probability is
likely to commit a scheduled offence, it shall be lawful for any such officer
after forming reasonable apprehension that death, grievous hurt or
destruction of property may be caused by such act, to fire, or order the
firing upon any person or persons against whom he is authorized to use
force in terms hereof;

(b any police officer , a member of the armed forces or civil armed forces
acting in aid of civil authority may arrest, without warrant, any person
who has committed a scheduled offence or against whom a reasonable
suspicion or credible information exists that he has committed, or is
about to commit any such act or offence; and

(c) any such officer may enter and search, without warrant any premises to
make any arrest or to take possession of any property, fire-arm, weapon
or article used, or likely to be used, in the commission of any scheduled
offence.

(3) Nothing contained in sub-section (1) or sub-section (2) shall affect the
provisions of Chapter IX of the Code and the provisions of section 132 of the Code
shall apply to any person acting under this section.

4. Application of Code.-The provisions of the Code of Criminal Procedure (Act V
of 1898) in so far as these are not inconsistent with the procedure provided in this
Ordinance shall be applicable to inquiries, investigations and trial of the Scheduled
Offences.

5. Investigations.-(1) All the scheduled offences shall be cognizable
and non-bailable.

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(2) All scheduled offences shall be inquired into and investigated by a Joint
Investigation Team comprising of one gazzetted police officer and two officers from the
armed forces/civil armed forces acting in aid of civil authority.

(3) Whenever a person is arrested or detained in custody under clause (b) of
sub-section (2) of section 3 and it appears that the inquiry or investigation cannot be
completed within the period of twenty-four hours, a member of Joint Investigation
Team or any other officer acting under him, excluding the time necessary for journey
from the place of arrest or detention to the court shall produce him before a Special
Judicial Magistrate and may apply for remand of the accused to the custody of the
police or custody of any other investigating agency.

(4) A Special Judicial Magistrate may authorize, from time to time, the
detention of the accused in such custody as such Speci al Judicial Magistrate thinks fit
for a term not exceeding ninety days: Provided that all such reports requesting for
further custody of the accused shall be submitted through the Public Prosecutor.

(5) A person arrested or detained under this Ordinance whose identity is
unascertainable shall be considered as an enemy alien and, subject to provisions of
section 14, he shall be presumed to have joined waging war or insurrection against
Pakistan: Provided that for the purposes of this Ordinance, such alien shall include a
Commonwealth citizen.

6 Preventive Detention.-The Government may by an order in writing issued by
the Secretary Ministry of Interior, or any officer, not below the rank of BPS-21,
specifically designated in this behalf, authorize the preventive detention of a person for
a period not exceeding ninety days if there are grounds to infer that such person is
acting in a manner prejudicial to the integrity, security, defense of Pakistan or any part
thereof, or external affairs of Pakistan, or
public order or maintenance of supplies and services;

Explanation I: A person connected or likely to be connected with the commission
of a scheduled offence or a person falling under sub-section (5) of section 5 shall be
deemed to be a person acting in the manner stated above:

Provided that detention of such person shall be regulated in accordance with the
provisions of Article 10 of the Constitution:

Provided further that without prejudice to the above, an enemy alien may be
detained by the Government for such period as may be determined by it from time to
time by virtue of clause (9) of Article 10 of the Constitution.

6. Preventive Detention. (1) The Government may, by an order in writing,
authorize the detention of a person for a period specified in the order that shall not
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exceed ninety days if in the opinion of the Government such person is acting in a
manner prejudicial to the integrity, security, defense of Pakistan or public order or
maintenance of supplies and services:

Provided that detention of such person shall be in accordance with the
provisions of Article 10 of the Constitution:

Provided further that without prejudice to the above, an enemy alien or a
Combatant Enemy may be detained by the Government for such period as may be
determined by it from time to time in accordance with Article 10 of the Constitution.

(2) In areas where the Federal Government or the Provincial Government has called
Armed Forces in aid of civil power under Article 245 of Constitution 1973 or where any
Civil Armed Force has been called by the Federal Government or Provincial Government
in aid of civil power under Anti-Terrorism Act 1997, the said requisitioned force may
detain any enemy alien, combatant enemy, or any person connected or reasonably
believed to be connected with the commission of a Scheduled Offence in designated
internment camps after a notification to the effect:

Provided that detention of such person shall be in accordance with the
provisions of Article 10 of the constitution:

Explanation. A person connected or reasonably believed to be connected with
the commission of a Scheduled Offence or a person falling under sub-section (5) of
section 5 shall be deemed to be a person acting in the manner stated above.

(3) At any time during the said notifications or upon their withdrawal, such internee
may be handed over to Police or any other investigating agency for formal investigation
and prosecution:

(4) The Federal Government shall make Regulations to regulate the internment
orders, internment camps, and appeal mechanism against the internment orders.

(5) Any person arrested or detained by the Armed Forces or Civil Armed forces and
kept under arrest or detention before the coming into force of this Ordinance shall be
deemed to have been arrested or detained pursuant to the provisions of this
Ordinance.

7. Report.- Upon completion of investigation, the Joint Investigation Team shall,
through the Public Prosecutor, submit a report before the Speci al Court.

Provided further that notwithstanding anything contained in the Qanun-e-Shahadat,
1984 (P.O.10 of 1984), such report shall be admissible in evidence against the
accused.
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8. Establishment of Special Courts etc.- (1) The Government may establish as
many Special Courts under this Ordinance as determined by it.

(2) The Government, in consultation with the Chief Justice of the concerned
High Court, may appoint any person as judge of the Special Court constituted under
this Ordinance who is or has been a Sessions Judge in any province of Pakistan or has
been an Advocate of the High Court for a period of not less than ten years.

(3) A judge Special Court shall have all the powers of a Sessions Court as
provided under the Code.

(4) The Government may provide security of tenure to a judge of the Special
Court appointed under this Ordinance through rules to be framed under this Ordinance.

(5) The Government may, in consultation with the Chief Justice of the
concerned High Court, appoint any Magistrate of the First Class serving as a member of
the subordinate judiciary under any High Court or any other officer of not less than
BPS-18 of the Pakistan Administrative Service or Provincial Management Service of any
Province as Special Judicial Magistrate.

(6) The Special Judicial Magistrate shall have all the powers of Magistrate
First Class provided under the provisions of the Code, unless these are inconsistent
with the provisions of this Ordinance.

(7) No Special Court shall take cognizance of a scheduled offence except on a
report submitted under section 6.

9. Place of inquiries, investigations and trials etc.- (1) The Government, on
the report of a prosecuting agency, shall determine the place of custody, inquiry,
investigation and trial of a scheduled offence anywhere in Pakistan.

(1A) The Government, Joint Investigation Team and Civil and Armed Forces
may, in the interest of the security of its personnel or for the safety of the
detainee or accused or intern, as the case may be, or for any other
reasonable cause withhold the information regarding the location of the
detainee or accused or intern or internment centre established or
information with respect to any detainee or accused or intern or his
whereabouts.

(1b) subject to the Constitution the Government may not in the interest of the
security of Pakistan disclose the grounds for detention or divulge any
information relating to a detainee, accused or internee, who is an Enemy
Alien or Combatant Enemy.
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(2) A person convicted of a scheduled offence subject to direction of the
Government may be confined at any place in Pakistan including the prisons established
by the Provincial and Federal Governments. The Special Court may also deprive the
offender of his citizenship.

9A. Exclusion of public from proceedings of Special Court.In addition and
without prejudice to any powers which a Special Court may have by virtue of any law
for the time being in force to order the exclusion of public from any proceedings, if at
any stage in the course of a trial of any person before a Special Court, an application is
made by the prosecution on the ground that the publication of any evidence to be
given or any statement to be made in the course of trial would be prejudicial to the
public safety, and that, for that person, all or any portion of the public should be
excluded during any part of the hearing, the Special Court may make an order to that
effect, but the passing of sentence shall in any case take place in public.

10. Establishment of Prosecuting Agency.- The Government shall establish an
independent Prosecuting Agency headed by a Prosecutor General in order to provide
consultation and legal guidance to the investigating agency and to conduct the
prosecution of scheduled offences.

11. Prosecutor General.-(1) The Government may appoint any person as
Prosecutor General who is not less than forty-five years of age and has been an
Advocate of the High Court for a period of not less than ten years.

(2) The Prosecutor General may issue instructions and guidelines for the
competent investigation and effective prosecution of the cases of scheduled offences.

(3) The Prosecutor General may, with prior approval of the Government,
withdraw from the prosecution of any accused in a case pending before any Special
Court and on submission of such request the Court shall discharge or acquit the
accused from the case as it may deem fit.

12. Protection of judges, prosecutors and witnesses etc.- The Government shall
take appropriate measures to provide adequate security to the prosecution witnesses,
investigating officers, prosecutors, Special Judicial Magistrates and Judges of the
Special Courts and for this purpose may establish, anywhere in Pakistan, safe houses
and high security prisons with court rooms.

13. Joint trial.- (1) While trying any offence under this Ordinance, a Special Court
may also try any other offence, which an accused may, under the Code of Criminal
Procedure, 1898, be charged, at the same trial if the offence is connected with such
other offence.
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(2) If, in the course of any trial under this Ordinance of any scheduled
offence it is found that the accused person has committed, in addition, any other
offence under any other law for the time being in force, the Special Court may convict
an accused for such other offence also and pass any sentence authorized by this
Ordinance or, as the case may be, such other law.

14. Burden of proof.- An accused facing the charge of a scheduled offence on
existence of reasonable evidence against him, shall be presumed to be engaged in
waging war or insurrection against Pakistan unless he establishes his non-involvement
in the offence.

15. Punishments.- Notwithstanding anything contained in the Pakistan Penal Code
or any other law for the time being in force, the scheduled offence shall be punishable
with Imprisonment which may extend to ten years, with fine and confiscation of
property unless the scheduled offence already provides a higher punishment.

16. Transfer of cases.- (1) Where, after taking cognizance of an offence, a Special
Court is of opinion that the offence is not a scheduled offence, it shall, notwithstanding
that it has no jurisdiction to try such offence, return the case to the prosecuting agency
for its submission before a court of ordinary jurisdiction.

(2) The Prosecutor General may, with the consent of the Chief Justice of High Court
concerned, at any stage of proceedings, withdraw a case from any court established
under any other law or from a Special Court and submit the same before any other
Special Court and such Special Court shall proceed with the case from the stage at
which it was pending.

(3) Notwithstanding anything contained in any other law for he time being in force,
the Government may apply to any court of law or tribunal that any case involving any
Scheduled Offence punishable under this Ordinance, pending before such a court or
tribunal be transferred to a Special Court, then such other court or tribunal shall
transfer the said case to a Special Court and it shall not be necessary for the Special
Court to recall any witness or again record any evidence that may have been recorded.

17. Certain provisions of the Code not applicable.- The provisions of sections
374, 426, 435, 439, 439A, 491, 496, 497, 498 and 561A of the Code shall not be
applicable to the scheduled offences.

18. Appeal.- (1) An appeal against the final judgment of a Special Court shall lie to
the Supreme Court.

(2) Copies of the judgments of a Special Court shall be supplied to the
accused and public prosecutor on the day the judgment is pronounced.
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(3) Any aggrieved person or the Government may file an appeal against the
final judgment of a Special Court within a period of fifteen days from the
pronouncement of judgment.

19. Savings.- No member of the police, armed forces or civil armed forces acting in
aid of civil authority, Prosecutor General, prosecutor, Special Judicial Magistrates or the
Judge of a Special Court shall be liable to any action for the acts done in good faith
during the performance of their duties.

20. Power to make rules.- The Government may from time to time make rules to
carry out the purposes of this Ordinance and may also amend, delete or add any
offence in the Schedule by publication of a notification in the official gazette.

21. Overriding effect.The provisions of this Ordinance shall have effect
notwithstanding anything contained in any law for the time being in force. In case
there is any conflict between the provisions of this Ordinance and any other law for the
time being in force the provisions of this Ordinance shall prevail to the extent of
inconsistency.

22. Removal of difficulties.If any difficulty arises in giving effect to any provision
of this Ordinance, the President may make such order, not inconsistent with the
provisions of this Ordinance, an may appear to him to be necessary for the purpose of
removing such difficulty.

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SCHEDULE
[See section 2(i)]

Scheduled Offences (1) The following acts, if committed with the purpose of waging
war against Pakistan or threatening the security of Pakistan shall be the scheduled
offences and includes other offences relating to:

(i) acts that are calculated to influence or affect the conduct of Government by
intimidation or coercion, or to retaliate against government conduct;

(ii) crimes against ethnic, religious and political groups or minorities including
offences based on discrimination, hatred, creed and race;

(iii) use of arson, fire-bombs, suicide bombs, biological weapons, chemical weapons,
nuclear arms, plastic explosives and other materials capable of exploding or creating
bombs employed to kill persons or destroy property;

(iv) use of arson and bombs on public places, government premises, sites of
worship, historical places, business concerns, or other places, and risking or causing
death to any person therein;

(v) killing, kidnapping, extortion, assault or attack of members of the Parliament,
Judiciary, Executive, Media, and other important personalities;

(vi) killing, kidnapping, extortion, assault or attack on officers and employees of
Pakistan including armed forces and law enforcement agencies;

(vii) killing, kidnapping, extortion, assault or attack on foreign officials, official guests,
tourists, foreign visitors, or internationally protected persons etc;

(viii) killing, kidnapping, extortion, assault or attack on social or welfare workers,
including health personnel, aid workers, and volunteers;

(ix) destruction of or attack on communication and interaction lines, devices, grids,
stations, or systems etc;

(x) destruction of or attack on energy facilities including dams, power generating
and distributing systems including stations, lines and poles;

(xi) destruction of or attack on aircrafts and airports, attack on flight crew with any
weapon or endangering human life by means of weapons on aircrafts;

(xii) destruction of or attack on gas or oil pipelines and liquid or natural gas facilities
and other means of their transport including tankers;
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(xiii) destruction of or attack on of national defense materials, premises, utilities, and
installations including check posts, prisons and other fixtures;

(xiv) crimes against computers including cyber crimes, internet offenses and other
offences related to information technology etc;

(xv) wrecking, disrupting or attacking mass transport systems including trains, buses,
cars and their stations and ports;

(xvi) violence or attack against maritime navigation, maritime fixed platforms,
shipping and port installations and other maritime fixtures;

(xvii) violence against nuclear arms, sites or any other related installations;
(xviii) hostage taking, or attempting to take hostage any person;
(xix) violence against nationals occurring outside of Pakistan;
(xx) transcending or crossing national boundaries.
(2) Offences Punishable under Sections 121, 121A, 122, 123, 123A, 123B, 124, 124A,
125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139 and 140 of
the Pakistan Penal Code.

(3) Any abetment or conspiracy to commit any of the above offences.
MAMNOON HUSSAIN
PRESIDENT
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Code of Criminal Procedure

To understand better you can see below the clauses of Code of Criminal
Procedure which shall not be applicable under Clause No.17 of Protection of
Pakistan ordinance:

374. Sentence of death to be submitted by Court of Session. When the Court of
Session passes sentence of death, the proceedings shall be submitted to the High
Court and the sentence shall not be executed unless it is confirmed by the High Court.

426. Suspension of sentence pending appeal: Release of appellant on bail: (1)
Pending any appeal by a convicted person, the Appellate Court may, for reasons to be
recorded by it i n writi ng order that the execution of the sentence or order appealed
against be suspended and, also, if he is in confinement that he be released on bail or
on his own bond.
(1-A) An Appellate Court shall, unless for reasons to be recorded in writi ng if otherwise
directs, order a convicted person to be released on bail who has been sentenced.
(a) to imprisonment for a period not exceedi ng three years and whose appeal has not
been decided withi n a period of si x months of his conviction;
(b) to imprisonment for a period exceeding three years but not exceeding seven years
and whose appeal has not been decided with a period of one year of his conviction;
(c) to imprisonment for life or imprisonment exceeding seven years and whose appeal
has not been decided within a period of two years of his conviction].
(2) The power conferred by this section on an appellate Court may be exercised also
by the High Court in the case of any appeal by a convicted person to a Court
subordinate thereto.
(2-A) [Subject to the provisions of section 382-A] when any person other than a person
accused of a nonbailable offence is sentenced to imprisonment by a Court, and an
appeal lies from that sentence, the Court may if the convicted person satisfies the
Court that he intends to present an appeal, order that he be released on bail for a
period sufficient in the opinion of the Court to enable him to present the appeal and
obtain the orders of the Appellate Court under sub-section (1) and the sentence of
imprisonment shall, so long as he is so released on bail, be deemed to be suspended.
(2-B) Where a High Court is satisfied that a convicted person has been granted special
leave to appeal by the Supreme Court against any sentence which it has imposed or
maintai ned, it may if it so thinks fit order that pendi ng the appeal the sentence or order
appealed against be suspended, and also, if said person is in confi nement, that he be
released on bail.
(3) When the appellant is ultimately sentenced to imprisonment, or [imprisonment for
life], time during which he is so released shall be excluded i n computing the term for
which he is so sentenced.

435. Power to call for records of inferior Courts. (1) The High Court or any Sessions
Judge [.], may call for and examine the record of any proceeding before any inferior
Criminal Court situate within the local limits of its or his jurisdiction for the purpose of
satisfyi ng itself or himself as to the correctness, legality or propriety of any fi nding,
sentence or order recorded or passed, and as to the regularity of any proceedings of
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such i nferior Court and may, when calli ng for such record, direct that the execution of
any sentence be suspended and, if the accused is in confinement, that he be released
on bail or on his own bond pending examination of the record.
[Explanation. All Magistrates, shall be deemed to be inferior to the Session Judge for
the purposes of this sub-section.]
(2) If any Sub-di visional Magistrate acti ng under sub-section (1) considers that any
such findi ng, sentence or order is illegal or improper, or that any such proceedings are
irregular, he shall forward the record, with such remarks thereon as he thi nks fit, to the
District Magistrate.
(3) [* * * * *]
(4) If an application under this section has been made either to the Sessions Judge or
District Magistrate, no further application shall be entertai ned by the other of them.

439. High Court's powers of revision. (1) In the case of any proceeding the record of
which has been called for by itself, [....] or which otherwise comes to its knowledge, the
High Court may, i n its discretion, exercise any of the powers conferred on a Court of
Appeal by sections 423, 426, 427 and 428 or on a Court by section 338, and may
enhance the sentence; and, when the Judges composing the Court of Revision are
equally di vided in opi nion, the case shall be disposed of in manner provided by section
429.
(2) No order under this section shall be made to the prejudice of the accused unless he
has had an
opportunity of bei ng heard either personally or by pleader i n his own defence.
(3) Where the sentence dealt with under this section has been passed by Magistrate
[....], the Court shall not inflict a greater punishment for the offence which, i n the opinion
of such Court, the accused has committed, than might have been i nflicted for such
offence by Magistrate of the first class.
(4) Nothing in this section shall be deemed to authori ze a High Court:
(a) to convert a finding of acquittal into one of conviction; or
(b) to entertain any proceedings i n revision with respect to an order made by the
Sessions Judge under section 439-A.]
(5) Where under this Code an appeal lies and no appeal is brought, no proceedings by
way of revision shall be entertained at the instance of the party who could have
appealed.
(6) Notwithstanding anything contained i n this section, any convicted person to whom
an opportunity has been gi ven under sub-section (2) of showing cause why his
sentence should not be enhanced, shall, in showi ng cause, be entitled also to show
cause against his conviction.

439-A. Sessions Judge's powers of revision. (1) In the case of any proceeding
before a Magistrate the record of which has been called for by the Sessions Judge or
which otherwise comes to his knowledge, the Sessions Judge may exercise any of the
powers conferred on the High Court by section 439.
(2) An Additional Sessions Judge shall have and may exercise all the powers of a
Sessions Judge under this Chapter in respect of any case which may be transferred to
him under any general or special order of the Session Judge].

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491. Power to issue directions of the nature of a Habeas Corpus. Any High Court
may, whenever it thinks fit, direct:
(a) that a person withi n the limits of its appellate criminal jurisdiction be brought up
before the Court to be dealt with accordi ng to law:
(b) that a person illegally or improperly detained in public or private custody within such
limits be set at liberty;
(c) that a prisoner detai ned in any jail situate within such limits be brought before Court
to be there exami ned as a witness i n any matter pending or to be inquired into i n such
Court;
(d) that a prisoner detained as aforesaid be brought before a Court-martial or any
Commissioners for trial or to be examined touching any matter pendi ng before such
Court-martial or Commissioners respectively.
(e) that a prisoner withi n such limits be removed from one custody to another for the
purpose of trial; and
(f) that the body of defendant withi n such limits be brought in on the Sheriff's return of
cepi corpus to a writ of attachment.
(2) The High Court may, from time to time, frame rules to regulate the procedure i n the
cases under this section.
(3) Nothing in this section applies to persons detained under [any other law providing
for preventive detention.]

496. In what cases bail to be taken. When any person other than a person accused
of a non-bailable offence is arrested or detained without warrant by an officer i ncharge
of a police-station or appears or is brought before a Court, and is prepared at any lime
whi le in the custody of such officer or at any stage of the proceedings before such
Court to gi ve bail, such person shall be released on bail: Provided that such officer of
Court, if he or it thi nks fit, may, instead of taking bail from such person, discharge him
on his executi ng a bond without sureties for his appearance as hereinafter provided:
Provided further that nothing i n this section shall be deemed to affect the provisions of
section 107, subsection
(4), or section 117, sub-section (3).

497. When bail may be taken in cases of non-bailable offence. (1) When any
person accused of nonbailable offence is arrested or detained without warrant by an
officer-in-charge of a police station, or appears or is brought before a Court, he may be
released on bail, but he shall not be so released if there appears reasonable grounds
for believing that he has been guilty of an offence punishable with death or
[imprisonment for life or imprisonment for ten years].
Provided that the Court may direct that any person under the age of si xteen years or
any woman or any sick or infirm person accused of such an offence be released on
bail:
Provided further that a person accused of an offence as aforesaid shall not be released
on bail unless the prosecution has been given notice to show cause why he should not
be so released.
[Provided further that the Court shall, except where it is of opinion that the delay in the
trial of the accused has been occasioned by an act or omission of the accused or any
other person acting on his behalf or i n exercise of any right or privi lege under any law
for the time being i n force, direct that any person shall be released on bail--
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(a) who, bei ng accused of any offence not punishable with death, has been detained
for such offence for a conti nuous period exceeding one year and whose trial for such
offence has not concluded; or
(b) who, bei ng accused of an offence punishable with death, has been detai ned for
such offence for a continuous period exceedi ng two years and whose trial for such
offence has not concluded.
Provided further that the provisions of the third proviso to this subsection shall not apply
to a previously convicted offender for an offence punishable with death or imprisonment
for life or to a person who, in the opinion of the Court, is a hardened, desperate or
dangerous crimi nal or i nvolved in terrorism.]
(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial,
as the case may be, that there are no reasonable grounds for believing that the
accused has committed a non-bailable offence, but that there are sufficient grounds for
further inquiry i nto his guilt, the accused shall, pending such inquiry, be released on
bail, or, at the discretion of such officer or Court, on the execution by him of a bond
without sureties for his appearance as herei nafter provided.
(3) Ah officer or a Court releasi ng any person on bail under sub-section (1) or sub-
section (2) shall record i n writi ng his or its reasons for so doing.
(4) If, at any time after the conclusion of the trial of a person accused of a non-bailable
offence and before judgment is delivered, the Court Is of opinion that there are
reasonable grounds for believing that the accused is not guilty of any such offence, it
shall release the accused, if he is i n custody on the execution
by him of a bond without sureties for his appearance to hear judgment deli vered.
(5) A High Court or Court of Session and, i n the case of a person released by itself, any
other Court may cause any person who has been released under this section to be
arrested and may commit him to custody.
498. Power to direct admission to bail or reduction of bail. The amount of every
bond executed under this Chapter shall be fixed with due regard to the circumstances
of the case, and shall not be excessive; and the High Court or Court of Session may, i n
any case, whether there be an appeal on conviction or not direct that any person be
admitted to bail, or that the bail required by a police-officer or Magistrate be reduced.

561-A. Saving of inherent power of High Court. Nothi ng in this Code shall be
deemed to limit or affect the inherent power of the High Court to make such orders as
may be necessary to gi ve effect to any order under this Code; or to prevent abuse of
the process of any Court or otherwise to secure the ends of justice.