CrPC § 197 — Prosecution of Judges and public servants

Statutory text (English)

1
[
(1) When any person who is a Judge within the
meaning of section 19 of the Pakistan Penal Code (XLV of 1860), or when any Magistrate, or when any
public servant who is not removable from his office save by or with the sanction of
[the
[Federal
Government] or a Provincial Government], is accused of any offence alleged to have been committed by
him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of
such offence except with the
[previous sanction—
(a) in the case of a person employed in connection with the affairs of the
[Federation] of the
[President]
* * * ; and
(b) in the case of a person employed in connection with the affairs of a Province, of the Governor of
that Province
* * *.]].

(2) Power of President or Governor as to prosecution.
[The 6[President] or Governor, as the case
may be, 7* * *, may determine the person by whom, the manner in which, the offence or offences for
which, the prosecution of such Judge,
[Magistrate] or public servant is to be conducted, and may specify
the Court before which the trial is to be held.
* * * * * * *
11198. Prosecution for breach of contract, defamation and offences against marriage. No Court
shall take cognizance of an offence falling under Chapter XIX or Chapter XXI of the Pakistan Penal Code
(XLV of 1860) or under sections 493 to 496 (both inclusive) of the same Code, except upon a complaint
made by some person aggrieved by such offence:
12[
Provided that, where the person so aggrieved is a woman who, according to the customs and
manners of the country, ought not to be compelled to appear in public, or where such person is under the
age of eighteen years or is an idiot or lunatic, or is from sickness or infirmity unable to make a complaint,
some other person may, with the leave of the Court, make a complaint on his or her behalf:]
[
Provided further that where the husband aggrieved by an offence under section 494 of the said Code
is serving in any of
[the armed forces of Pakistan] under conditions which are certified by
[the
Commanding Officer] as precluding him from obtaining leave of absence to enable him to make a complaint
in person, some other person authorised by the husband in accordance with the provisions of sub-section

(1) of section 199B may, with the leave of the Court, make a complaint on his behalf.]

Source and verification

Source citation: CrPC (Act V of 1898) s.197: Pakistan Code portal consolidated official PDF 'THE CODE OF CRIMINAL PROCEDURE' (Act No. V of 1898, last amended 2017-02-16), p. 98, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

The record cites an official source, but its transcription is automated or only partly checked; a human re-check is pending.

Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 98) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment version…

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