Part II of the Criminal Procedure Code (CrPC) of Pakistan delineates the organization and powers of various criminal courts and offices. This part comprehensively outlines the structure of the criminal justice system, including the establishment of different classes of courts, the roles and powers of judicial officers, and the administrative framework that governs their operation. It provides a detailed blueprint of how judicial authority is distributed and exercised within the criminal law context in Pakistan.

• Section 6: Classes of Criminal Courts
  Original Text: “Besides the High Courts and the Courts constituted under any law, other than this Code, for the time being in force, there shall be five classes of Criminal Courts in [Pakistan], namely:-(i) Courts of Session; (ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates; (iii) Judicial Magistrates of the second class; (iv) Magistrates of the third class; and (v) Executive Magistrates.”
  Explanation: This section categorizes criminal courts in Pakistan into five distinct classes, including Courts of Session and various classes of Magistrates, both Judicial and Executive.
  Simplified Explanation: Criminal courts in Pakistan are classified into five types, ranging from higher courts like Courts of Session to various levels of Magistrates.
• Section 7: Territorial Divisions
  Original Text: “The [Provincial Government] may, after consultation with the High Court, by notification, divide any district into sub-divisions and may alter the limits or the number of such sub-divisions.”
  Explanation: This section empowers the Provincial Government to divide districts into sub-divisions for judicial administration, subject to consultation with the High Court.
  Simplified Explanation: Districts can be divided into smaller judicial sub-divisions by the Provincial Government in consultation with the High Court.
• Section 8: Metropolitan Areas
  Original Text: “The [Provincial Government] may, by notification, declare that, as from such date as may be specified in the notification, any area specified in the notification shall be a metropolitan area for the purposes of this Code.”
  Explanation: This section allows the Provincial Government to designate certain areas as ‘Metropolitan Areas’ for the purposes of the CrPC.
  Simplified Explanation: Specific areas can be declared as ‘Metropolitan Areas’ by the Provincial Government for legal and administrative purposes.
• Section 9: Court of Session
  Original Text: “The [Provincial Government] shall establish a Court of Session for every sessions division and appoint a Judge of such Court.”
  Explanation: This section mandates the establishment of a Court of Session for each sessions division within a province, with the appointment of a Judge for each of these courts.
  Simplified Explanation: Every sessions division in a province will have a Court of Session with its own appointed Judge.
• Section 10: Subordination of Assistant Sessions Judges
  Original Text: “All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction.”
  Explanation: Assistant Sessions Judges are placed under the authority of the Sessions Judge of the court where they have jurisdiction.
  Simplified Explanation: Assistant Sessions Judges work under the supervision of their respective Sessions Judges.
• Section 11: Courts of Judicial Magistrates
  Original Text: “In every district not being a metropolitan area, there shall be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the Provincial Government may, after consultation with the High Court, by notification, specify.”
  Explanation: This section provides for the establishment of Judicial Magistrates’ courts in districts, specifying the number and location of these courts as decided by the Provincial Government in consultation with the High Court.
  Simplified Explanation: Courts of Judicial Magistrates are set up in various locations within districts, as determined by the Provincial Government and the High Court.
• Section 12: Subordination of Judicial Magistrates
  Original Text: “Subject to the general control of the High Court, every Magistrate appointed under section 11 or under section 13 shall be subordinate to the Sessions Judge, and every such Magistrate (other than a Sub-divisional Magistrate) shall also be subordinate to the District Magistrate.”
  Explanation: Judicial Magistrates are under the administrative control of the High Court, primarily reporting to the Sessions Judge, and also to the District Magistrate unless they are Sub-divisional Magistrates.
  Simplified Explanation: Judicial Magistrates answer to both the Sessions Judge and, in most cases, the District Magistrate, under the overarching authority of the High Court.
• Section 13: Special Magistrates**
  Original Text: “The Provincial Government may appoint, for any local area, one or more persons, not being police officers, to be a Special Judicial Magistrate or Special Executive Magistrate, to try particular cases or particular classes of cases, or to perform particular functions.”
  Explanation: This section allows the Provincial Government to appoint Special Judicial or Executive Magistrates for specific areas, cases, or functions, with the caveat that these appointees cannot be police officers.
  Simplified Explanation: Special Magistrates can be appointed for special tasks or cases in certain areas, but they cannot be members of the police force.
• Section 14: Local Jurisdiction of Magistrates
  Original Text: “The local jurisdiction of a Magistrate appointed under section 13 or section 18 shall extend to such local area as the Provincial Government may, by notification, define, and, where no area is so defined, throughout the district in which he is appointed.”
  Explanation: The jurisdiction of Magistrates appointed under sections 13 or 18 is confined to the area specified by the Provincial Government. If no specific area is designated, their jurisdiction covers the entire district of their appointment.
  Simplified Explanation: The area where certain Magistrates can exercise their powers is either specifically defined by the Provincial Government or encompasses the entire district.

Continuing with the detailed breakdown of Sections 15 to 37 in Part II of the Criminal Procedure Code (CrPC) of Pakistan:

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Part II: Constitution and Powers of Criminal Courts and Offices (Sections 15-37)

• Section 15: Subordination of Executive Magistrates
  Original Text: “All Executive Magistrates, other than the Additional District Magistrate, shall be subordinate to the District Magistrate, and every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate, subject, however, to the general control of the District Magistrate.”
  Explanation: This section establishes a hierarchy among Executive Magistrates, placing them under the authority of the District Magistrate and, where applicable, the Sub-divisional Magistrate, while maintaining the overall control of the District Magistrate.
  Simplified Explanation: Executive Magistrates report to the District Magistrate and, in some cases, to the Sub-divisional Magistrate, but the District Magistrate has overall control.
• Section 16: Powers of Magistrates
  Original Text: “The [Provincial Government] may confer upon any Executive Magistrate the power to try certain offences in a summary way under section 260, and the powers of a Magistrate of the second class or of the first class in respect of particular cases or particular classes of cases or generally.”
  Explanation: This section authorizes the Provincial Government to grant specific judicial powers to Executive Magistrates, including the power to try certain offenses summarily and powers equivalent to those of a second-class or first-class Magistrate.
  Simplified Explanation: Executive Magistrates can be given special judicial powers, including conducting summary trials, depending on the decision of the Provincial Government.

Section 17: Benches of Magistrates
Original Text: “The [Provincial Government] may establish benches consisting of two or more Magistrates in any area and define the powers and jurisdiction exercisable by such benches.”
Explanation: The Provincial Government is empowered to form benches comprising multiple Magistrates and to determine their specific powers and jurisdictional boundaries.
Simplified Explanation: Groups of Magistrates, known as benches, can be set up by the Provincial Government with defined roles and areas of operation.

• Section 18: Executive Magistrates
  Original Text: “In every district and in every metropolitan area, the Provincial Government shall appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.”
  Explanation: This section mandates the appointment of multiple Executive Magistrates in each district and metropolitan area, with one being designated as the District Magistrate.
  Simplified Explanation: Each district and metropolitan area has several Executive Magistrates, and one is appointed as the District Magistrate.
• Section 19: Assistant Public Prosecutors
  Original Text: “The [Provincial Government] may appoint as many persons as it thinks fit to be Assistant Public Prosecutors; but no person shall be appointed as an Assistant Public Prosecutor unless he has been in practice as an advocate or a pleader for not less than two years, or possesses such other qualifications as may be prescribed by rules made under section 509.”
  Explanation: This section allows for the appointment of Assistant Public Prosecutors, with the requirement that appointees have at least two years of legal practice or possess other prescribed qualifications.
  Simplified Explanation: Assistant Public Prosecutors are appointed based on their legal experience or other qualifications set by the rules.
• Section 20: Withdrawal of Powers**
  Original Text: “The [Provincial Government] may withdraw all or any of the powers conferred on a Magistrate under section 16 or section 18.”
  Explanation: The Provincial Government retains the authority to revoke any powers it has granted to a Magistrate under sections 16 or 18.
  Simplified Explanation: Powers given to Magistrates by the Provincial Government can be taken back.

Continuing with the detailed breakdown of Sections 21 to 37 in Part II of the Criminal Procedure Code (CrPC) of Pakistan:

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Part II: Constitution and Powers of Criminal Courts and Offices (Sections 21-37)

• Section 21: Public Prosecutors
  Original Text: “For every district, the [Provincial Government] shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors and Assistant Public Prosecutors.”
  Explanation: This section mandates the appointment of a Public Prosecutor for each district by the Provincial Government, with the option to appoint additional Public Prosecutors and Assistant Public Prosecutors.
  Simplified Explanation: Every district will have a Public Prosecutor appointed by the Provincial Government, along with potentially additional prosecutors.
• Section 22: Assistant Public Prosecutors
  Original Text: “The District Magistrate may, with the previous sanction of the [Provincial Government], appoint such and so many Assistant Public Prosecutors as he thinks fit.”
  Explanation: The District Magistrate is authorized to appoint Assistant Public Prosecutors as needed, subject to approval from the Provincial Government.
  Simplified Explanation: The District Magistrate can appoint Assistant Public Prosecutors with the Provincial Government’s approval.
• Section 23: Courts of Session to be ordinarily open
  Original Text: “The place in which any Criminal Court is held for the purpose of inquiring into or trying any offence shall be deemed an open court, to which the public generally may have access, so far as the same can conveniently contain them.”
  Explanation: This section states that criminal court proceedings should be accessible to the public, ensuring transparency and openness, subject to space constraints.
  Simplified Explanation: Criminal courts are open to the public, but space limitations might apply.
• Section 24: Power of District Magistrate to issue orders
  Original Text: “Subject to the control of the [Provincial Government], the District Magistrate may give orders as he thinks fit conferring, upon any Magistrate, the powers of a Magistrate of higher class in respect to particular cases or classes of cases, or in regard to cases generally.”
  Explanation: The District Magistrate has the power to enhance the authority of a Magistrate for specific cases or more generally, with oversight from the Provincial Government.
  Simplified Explanation: The District Magistrate can grant higher powers to Magistrates for certain cases or generally, under the Provincial Government’s control.
• Section 25: High Court’s control over Sessions Judges
  Original Text: “The Sessions Judges shall be subordinate to the High Court, and shall be guided in the exercise of their jurisdiction by such general or special orders as the High Court may, from time to time, make.”
  Explanation: This section establishes that Sessions Judges are under the authority of the High Court, which can issue orders guiding their judicial conduct.
  Simplified Explanation: Sessions Judges report to the High Court, which directs their actions through orders.

Continuing the detailed breakdown of Sections 26 to 37 in Part II of the Criminal Procedure Code (CrPC) of Pakistan:

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Part II: Constitution and Powers of Criminal Courts and Offices (Sections 26-37)

• Section 26: Courts to send copies of entries in registers to Sessions Judges
  Original Text: “Every Court of a Magistrate shall send to the Sessions Judge such returns of the cases heard or tried by it as the [Provincial Government] may, from time to time, direct.”
  Explanation: This section requires Magistrate courts to submit detailed records and reports of cases to the Sessions Judge, as directed by the Provincial Government.
  Simplified Explanation: Magistrate courts must regularly report their case details to the Sessions Judge, as per government instructions.
• Section 27: District Magistrate’s power to issue orders
  Original Text: “The District Magistrate may make such orders as he thinks fit for the disposal by himself or by any Magistrate subordinate to him of any business falling under section 191.”
  Explanation: This section empowers the District Magistrate to decide how to handle certain judicial matters, including delegating them to subordinate Magistrates.
  Simplified Explanation: The District Magistrate has the authority to manage judicial business and can assign cases to other Magistrates.
• Section 28: Presidency Magistrates
  Original Text: “In any presidency-town, the [Provincial Government] may appoint as many persons as it thinks fit to be Presidency Magistrates.”
  Explanation: Allows the Provincial Government to appoint Presidency Magistrates in presidency towns, a term reflecting historical administrative divisions.
  Simplified Explanation: The Provincial Government can appoint special Magistrates in major administrative centers known as presidency towns.
• Section 29: Additional and Assistant Sessions Judges to try cases made over to them
  Original Text: “An Additional Sessions Judge or an Assistant Sessions Judge shall try such cases as the Sessions Judge of the division, by general or special order, makes over to him for trial.”
  Explanation: Specifies that Additional and Assistant Sessions Judges are to try cases that are assigned to them by the Sessions Judge.
  Simplified Explanation: Sessions Judges can delegate certain cases to Additional and Assistant Sessions Judges for trial.
• Section 30: Power to award compensation in certain cases**
  Original Text: “The Court may, in its discretion, order that out of any fine levied, a specified amount shall be applied in compensating any person for any loss or injury caused by the offence.”
  Explanation: Grants courts the discretion to allocate a portion of the fines collected from offenders to compensate victims for losses or injuries.
  Simplified Explanation: Courts can use fines from offenders to financially compensate victims.

Continuing with the detailed explanation of Sections 31 to 37 in Part II of the Criminal Procedure Code (CrPC) of Pakistan:

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Part II: Constitution and Powers of Criminal Courts and Offices (Sections 31-37)

• Section 31: Appeals from Orders under Section 30
  Original Text: “An order made under section 30 may be appealed against under the same circumstances and in the same manner as if it were a sentence.”
  Explanation: This section allows for appeals against orders made under Section 30 (regarding compensation from fines) as if they were appeals against a sentence.
  Simplified Explanation: Decisions about compensating victims from fines can be appealed in the same way as challenging a sentence.
• Section 32: Power of State Government to Invest Magistrate and Sessions Judge with powers of Judicial Magistrates
  Original Text: “The [Provincial Government] may invest any Magistrate or any Sessions Judge with the powers of a Judicial Magistrate of any class for the trial of cases.”
  Explanation: Grants the Provincial Government the authority to confer powers of Judicial Magistrates of any class to any Magistrate or Sessions Judge for case trials.
  Simplified Explanation: The Provincial Government can assign powers of Judicial Magistrates to other Magistrates or Sessions Judges for trying cases.
• Section 33: Power of District Magistrate to Define Powers of Executive Magistrates
  Original Text: “Subject to the control of the [Provincial Government], the District Magistrate may define the powers exercisable by any Executive Magistrate under section 107, section 108, section 109 or section 110.”
  Explanation: Empowers the District Magistrate to specify the powers that can be exercised by Executive Magistrates in maintaining public order and safety (as referenced in sections 107-110).
  Simplified Explanation: The District Magistrate can outline the specific powers of Executive Magistrates regarding public order and safety measures.
• Section 34: Seal of the Court
  Original Text: “Every Court constituted under this Code shall use a seal of such form and dimensions as are prescribed by the [Provincial Government].”
  Explanation: This section mandates that every court established under the CrPC must use a seal as prescribed by the Provincial Government.
  Simplified Explanation: Courts need to have an official seal, the design and size of which are determined by the Provincial Government.
• Section 35: Power of High Court to Prescribe Forms**
  Original Text: “The High Court may, from time to time, prescribe forms for any of the purposes of this Code.”
  Explanation: Authorizes the High Court to create and prescribe specific forms for use in various procedures under the CrPC.
  Simplified Explanation: The High Court can develop and mandate the use of particular forms for CrPC-related processes.
• Section 36: Power of High Court to Make Rules
  Original Text: “The High Court may make rules consistent with this Code and any other law for the time being in force for carrying out the purposes of this Code.”
  Explanation: The High Court is empowered to establish rules that align with the CrPC and other laws to facilitate the execution of the Code’s objectives.
  Simplified Explanation: The High Court can create rules to help implement the CrPC, as long as they are in line with existing laws.
• Section 37: Language of Subordinate Courts
  Original Text: “The State Government may declare by notification what shall be the language of each Court constituted under this Code within the State other than the High Court.”
  Explanation: This section allows the State Government to specify the official language to be used in courts (other than the High Court) established under the CrPC.
  Simplified Explanation: The State Government decides the official language used in courts at the state level, excluding the High Court.