THE CODE OF CRIMINAL PROCEDURE, 1898

(V OF 1898)

[22nd March, 1898]

An Act to consolidate and amend the law relating to the Criminal Procedure

CHAPTER XXXVII

DIRECTIONS OF THE NATURE OF A HABEAS CORPUS

491.   Power to issue directions of the nature of a habeas corpus. (1) Any High Court may, whenever it thinks, fit, direct--

(a)     that a person within the limits of its appellate criminal jurisdiction be brought up before the Court to be dealt with according 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 detained in any jail situate within such limits be brought before Court to be there examined as a witness in any matter pending or to be inquired into in 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 pending before such Court-martial or Commissioners respectively;

(e)     that a prisoner within such limits be removed from one custody to another for the purpose of trial; and

(f)      that the body of defendant within such limits be brought in on the Sheriff's return of cepi corpus to a writ of attachment.

[1][(1A)   The High Court may, by general or special order published in the official Gazette, may direct that all or any of its powers specified in clauses (a) and (b) of sub-section (1) shall, subject to such conditions, if any, as may be specified in the order, be exercisable also by--

(a)     a Sessions Judge; or

(b)     an Additional Sessions Judge,

within the territorial limits of a Sessions Division.]

(2)     The High Court may, from time to time, frame rules to regulate the procedure in the cases under this section.

(3)     Nothing in this section applies to persons detained under [2][any other law providing for preventive detention.]

Punjab Province: The Chief Justice and Judges of the Lahore High Court have been pleased to order that powers vesting in the High Court under clauses (a) and (b) of sub-section (1) of S. 491, Cr.P.C. may also be exercised by the Sessions Judges, Incharge of Sessions Division of Islamabad and the Punjab within the territorial limits of the Sessions Division in which they are posted from time to time with immediate effect and until further order. [Daily Dawn dated 19th April, 2002.]

Sindh Province: Gaz/XII-Z-14, dated 7th September, 2002. The Hon’ble Chief Justice and Judges of the Court have been pleased to order in pursuance of Sec. 491(1-A), Cr.P.C. that powers vesting in High Court under clauses (a) and (b) of sub-section (1) of S. 491, Cr.P.C. may also be exercised by the Sessions Judges, in Sindh within the territorial limit of Sessions Division in which they are posted from time to time and until further orders.

The rules framed by the High Court under sub-section (2) of Section 491 of the Code of Criminal Procedure shall, mutatis mutandis, apply to proceedings in cases under Section 491 of the Code before the Sessions Judges. [PLJ 2002 Sindh St. 760]

 


[1].       Inst. by Ordinance, VIII of 2002, dated 9.2.2002. [PLJ 2002 Fed. St. 165.

[2].       Subs. by Ordinance, XXVII of 1981.