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
[1][198-A. Prosecution for
defamation against public servants in respect of their conduct in the discharge
of public functions. (1) Notwithstanding anything contained in this
Code, when any offence falling under Chapter XXI of the Pakistan Penal Code
(XLV of 1860) is alleged to have been committed against the President, the
Prime Minister, a Federal Minister, Minister of State, Governor, Chief Minister
or Provincial Minister or any public servant employed in connection with the
affairs of the Federation or of a Province, in respect of his conduct in the
discharge of his public functions, a Court of Session may take cognizance of
such offence, without the accused being committed to it for trial, upon a
complaint in writing made by the Public Prosecutor.
(2) Every
such complaint shall set forth the facts which constitute the offence alleged,
the nature of such offence and such other particulars as are reasonably
sufficient to give notice to the accused of the offence alleged to have been
committed by him.
(3) No complaint under sub-section (1) shall be
made by the Public Prosecutor except with the previous sanction,--
(a) in the case of the President or the Prime
Minister or a Governor, of any Secretary to the Government authorized by him in
this behalf;
(b) in the case of a Federal Minister or
Minister of State, Chief Minister or Provincial Minister, of any Secretary to
the Government authorized in this behalf by the Government concerned;
(c) in the case of any public servant employed
in connection with the affairs of the Federation or of a Province, of the
Government concerned.
(4) No Court of Sessions shall take cognizance
of an offence under sub-section (1), unless the complaint is made within six
months from the date on which the offence is alleged to have been committed.
(5) When the Court of Session takes cognizance of an offence under sub-section (1), then, notwithstanding anything contained in the Code, the Court of Sessions shall try the case without the aid of a jury or assessors and in trying the case shall follow the procedure prescribed for the trial by Magistrate of warrant cases instituted otherwise than on a police report.
(6) The provisions of this section shall be in
addition to, and not in derogation of, those of Section 198.]
[1]. S.
198-A was inserted by Act, XXV of 1974 which Act, has been repealed by Ordinance,
XXVII of 1981 subject to saving clause.