PECA 2016 § 39 — Real-time collection and recording of information

Statutory text (English)

(1) If a Court is satisfied on the
basis of information furnished by an authorized officer that there are reasonable grounds to believe
that the content of any information is reasonably required for the purposes of a specific criminal
investigation, the Court may order, with respect to information held by or passing through a service
provider, to a designated agency as notified under the Investigation for Fair Trial Act, 2013 (I of 2013)
or any other law for the time being in force having capability to collect real time information, to collect
or record such information in real-time in coordination with the investigation agency for provision in
the prescribed manner:

Provided that such real-time collection or recording shall not be ordered for a period beyond
what is absolutely necessary and in any event for not more than seven days.

(2) Notwithstanding anything contained in any law to the contrary the information so collected
under sub-section

(1) shall be admissible in evidence.

(3) The period of real-time collection or recording may be extended beyond seven days if, on
an application, the Court authorizes an extension for a further specified period.

(4) The Court may also require the designated agency to keep confidential the fact of the
execution of any power provided for in this section and any information relating to it.

(5) The application under sub-sections

(1) and

(2) shall in addition to substantive grounds and
reasons also,—
(a) explain why it is believed that the data sought will be available with the person
in control of an information system;
(b) identify and explain with specificity the type of information likely to be found
on such information system;
(c) identify and explain with specificity the identified offence made out under this
Act in respect of which the warrant is sought;
(d) if authority to seek real-time collection or recording on more than one occasion is
needed, explain why and how many further disclosures are needed to achieve the
purpose for which the warrant is to be issued;
(e) specify what measures shall be taken to prepare and ensure that the real-time
collection or recording is carried out whilst maintaining the privacy of other users,
customers and third parties and without the disclosure of information of any person
not part of the investigation;
(f) explain why the investigation may be frustrated or seriously prejudiced unless the
real time collection or recording is permitted; and
(g) why, to achieve the purpose for which the warrant is being applied, real time
collection or recording by the person in control of the information system is
necessary.

Source and verification

Source citation: PECA 2016 (Act XL of 2016) s.39: Pakistan Code portal consolidated official PDF 'THE PREVENTION OF ELECTRONIC CRIMES ACT, 2016' (incl. Act XXXVII of 2023 & Act II of 2025 amendments), p. 33, 34, 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. 33, 34) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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