the Name of Allah, the Gracious the Merciful
The Criminal Procedure Act, 1991
Part I
Preliminary Provisions
Title and commencement
1.
This Act may be cited as the, “Criminal Procedure Act, 1991,” and
shall come into force, after one month, of the date of publication
in the Gazette.
Repeal
2.
The Criminal Procedure Act, 1983, shall be repealed.
Application
3.
The provisions of this Act shall apply to the procedure of the
criminal suit, inquiry, arrest, trial and sanction, relating to the
offences, provided for in the Criminal Act, 1991, or any other law,
subject to such special procedure, as may be provided for in any
other law.
4.
In the application of the provisions of this Act, due regard shall
be had to the following principles :(a) prevention of offences is a duty of all;
(b) no incrimination or sanction is made, save by an
antecedent legislative provision;
(c) an accused is presumed innocent until his conviction is
proved , and he is entitled to be subject to fair and
prompt inquiry and trial;
(d) the life and property of the accused is inviolable, he
shall neither be forced to incriminate himself, nor shall
he be required to take the oath, save in otherwise than
hudud offences to which a private right of a third party
relates;
(e) prejudice to witnesses, in any way, is prohibited;
(f)
due regard shall, as far as possible, be had to lenity in
the procedure of inquiry, summons, and exercise of the
powers of arrest shall not be resorted to save where
necessary;
(f) the Criminal Prosecution Attorneys Burea is the
guardian of a victim who has no next of kin;
(g) a private injury, resulting form the offence shall be
compensated;
(h) conciliation or pardon may be made in every offence
involving a private right, to the extent of such right,
subject to the provisions of hudud offences;
(i) Arabic shall be used in all criminal procedure. Another
language may be used upon necessity.
Principles to be regarded