The Sindh Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2009

Sindh Act No. IX of 2010

Enacted:

Latest amendment made by the Sindh Criminal Prosecution Service (Constitution, Functions and Powers) (Amendment) Act, 2026 (Sindh Act No. XV of 2026).

Content

Parts, Chapters and Schedules

Sections

An Act to provide for establishment of Criminal Prosecution Service in Sindh.

WHEREAS it is expedient to provide for establishment of Criminal Prosecution Service in Sindh.

It is hereby enacted as follows:-

1. Short title, extent and commencement.
(1) This Act may be called the Sindh Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2009.

(2) It extends to the whole of the Sindh.

(3) It shall come into force at once and shall be deemed to have taken effect on and from 29th October, 2009.

2. Definitions.
(1) In this Act, unless the subject or context otherwise requires:-

(a) “Code” means the Code of Criminal Procedure, 1898 (Ordinance V of 1898);

(b) “District” means a district as notified under the provisions of Sindh Land Revenue Act, 1967;1[“and Judicial District”]1

(c) “First Information Report” means an information recorded under section 154 of the Code;

(d) “Government” means the Government of Sindh;

(e) “High Court” means the High Court of Sindh;

(f) “Investigation Officer” means an officer of a Law Enforcement Agency competent under any law, for the time being in force, to investigate an offence;

(g) “Law Enforcement Agency” includes Sindh Police and any other agency established under any law, as may be notified by Government;

(h) “Lower Court” mean and include Criminal Court, Civil Court, Banking Court, Special Court and Tribunal;

(i) 2[“members of the service” means and includes Prosecutors, officers and other staff of the service;”]2

(j) “Prescribed” means prescribed by rules;

(k) “Prosecution” means the prosecution of a criminal case;

(l) “Prosecutor” means the Prosecutor General, Additional Prosecutor General, Deputy Prosecutor General, District Public Prosecutor, Deputy District Public Prosecutor, Assistant District Public Prosecutor and a Public Prosecutor appointed under this Act 2 [“o r Code”]and shall be deemed to be the Public Prosecutor under the Code;

(m) “Prosecutor General” means the Prosecutor General appointed under Section 6;

(n) “Rules” means rules made under this Act;

(o) “Service” means Sindh Criminal Prosecution Service; and

(p) “Supreme Court” means the Supreme Court of Pakistan.

(2) The words and expressions used herein, but not defined, shall have the same meaning as are assigned to them in the Code or the 3 [“Police Act 1861.”

3. Establishment of the Service.
Government shall establish and maintain a Service to be called the Sindh Criminal Prosecution Service.

4. Constitution.
The Service shall consist of the Prosecutor General, Additional Prosecutors General, Deputy Prosecutors General, District Public Prosecutors, Deputy District Public Prosecutors and Assistant District Public Prosecutors 5[“and any other Public Prosecutor.”]5.

6[5. Control and Administration.
7[***]7 (1) Government shall exercise general superintendence over the Service to ensure achievement of the objectives of this Act.

(2) The administration of the Service shall vest in Government.

(3) 8[The Prosecutors and all other members of the service shall perform their functions under the control and supervision of the Prosecutor General and under the general superintendence of Government.]8

(4) Subject to the 9[sub-section (1) and (2)]9, all Prosecutors within a district shall work under the supervision of the District Public Prosecutor.

(5) 10[Omitted]10

6. Prosecutor General.
11[(1) Government shall appoint a Prosecutor General, on such terms and conditions, as may be determined by Government.]11

(2) The terms and conditions of service of the Prosecutor General shall not be varied during the term of his office.

(3) 12[The Prosecutor General shall hold office at the pleasure of Government.]12

(4) The Prosecutor General may resign from his post 13[***]13 by tendering resignation in writing to Government.

14[****]14

(5) The Prosecutor General shall have a right of representation and audience on behalf of Government in lower Court.

15[“(6) 16[****]16

7. Qualification for the appointment of Prosecutor General.
17[“***]17 18[“Qualification for the appointment of Prosecutor General. No person shall be appointed as Prosecutor General, unless he is qualified to be a judge of the High Court or has been practicing as an Advocate of the High Court for Fifteen years and is enrolled as an Advocate of the Supreme Court.”]18

8. Appointments.
(1) Government may appoint any Prosecutor to conduct criminal cases in the High Court, Federal Shariat Court and Supreme Court or any other 19[“Special Court, Tribunal, Lower Court or any other Court”.]19

(2) Government shall appoint a District Public Prosecutor in each district, who shall be Officer Incharge of the Prosecution in the district within the meaning of the Code.

(3) All the appointments, except that of the Prosecutor General, to various posts in the Service, shall be made through initial recruitment in the manner, as may be prescribed:

Provided that, after initial recruitment, fifty percent of vacancies occurring on the post of Additional Prosecutor General, Deputy Prosecutor General, Assistant Prosecutor General, District Public Prosecutor and Deputy District Public Prosecutor shall be filled through promotion.

(4) No direct recruitment shall be made on regular basis to the posts of District Public Prosecutor, Deputy District Public Prosecutor, Assistant District Public Prosecutor, Additional Prosecutor General and Deputy prosecutor General and Assistant Prosecutor General except on the recommendation of Sindh Public Service Commission;

Provided that on commencement of this Act, the persons already performing functions of prosecution on regular basis in the Province, shall continue as such.

9. Conduct of prosecution.
(1) The Prosecutors shall be responsible for the conduct of prosecution on behalf of Government.

20[“(1-A) The Prosecutor General or any Prosecutor authorized by him shall distribute work to the Prosecutors in the Supreme Court, High Court, Federal Shariat Court or a Special Court, Tribunal established under any law for the time being in force.”.]20

(2) A District Public Prosecutor shall distribute work to the Prosecutors with respect to the lower Court within a district.

(3) A police report under section 173 of the Code, including a report of cancellation of the First Information Report or a request for discharge of a suspect or an accused shall be submitted to a Court through the Prosecutor appointed under this Act.

(4) The Prosecutor shall scrutinize the report or the request and may –

(a) return the same within three days to the Officer Incharge of Police Station or Investigation Officer, as the case may be, if he finds the same to be defective, for removal of such defects, as may be identified by him; or

(b) if it is fit for submission, file it before the Court of competent jurisdiction.

(5) On receipt of an interim police report under section 173 of the Code, the Prosecutor shall –

(a) examine the reasons assigned for the delay in the completion of investigation and if he considers the reasons compelling, request the Court for the postponement of trial and in case investigation is not completed within reasonable time, request the Court for commencement of trial; and

(b) in cases where reasons assigned for delay in the completion of investigation are not compelling, request the Court for commencement of trial on the basis of the evidence available on record.

(6) 21[“(6) The Prosecutor may forward the report under section 173 of the Code, to the Court and applicability of offences against all or any of the accused as per facts and circumstances of the case.”.]21

22[9-A.
(1) The Prosecutor General may issue general guidelines of the Prosecutors or officers responsible for investigation for effective and efficient prosecution.

(2) The Prosecutor General or the District Public Prosecutor may refer to the authority competent to initiate disciplinary proceedings under any law for the time being in force, to take disciplinary action against any public servant working in connection with investigation or prosecution, for any act committed by him and is prejudicial to the prosecution.

(3) A Prosecutor may -

(a) exercise all or any of the powers mentioned in section 9;

(b) call for a report within a specified time from any officer of law enforcing agency in relation to an investigation;

(c) call for record or any other document within a specified time from a law enforcement agency and, if necessary, from any other Government department or agency as may be necessary for the purposes of prosecution;

(d) perform such functions and exercise such powers as may be entrusted to him under the Code and any other law for the time being in force;

(e) withdraw, with the consent of the Court, from prosecution of any person either generally or in respect of any one or more of the offences for which he is being tried, after obtaining prior approval of -

(i) the District Public Prosecutor, where the offence is punishable upto three years,

(ii) the Prosecutor General, where the offence is punishable up to seven years; and

(iii) Government, in all other offences and for the offences triable by the Special Courts and at any stage of a trial before any trial Court subordinate to the High Court before the judgment is passed, the Prosecutor General or any Prosecutor specifically authorized by him, may, for reasons to be recorded in writing, inform the Court on behalf of Government that the Prosecutor shall not prosecute the accused upon the charge and thereupon all proceedings against the accused shall be stayed and he shall be discharged of and from the same:

Provided that such discharge shall not amount to an acquittal unless the court directs otherwise.”.]22

10. Responsibilities of Police towards Prosecutors.
(1) An Officer Incharge of a Police Station or the Investigation Officer shall-

(a) immediately report to the District Public Prosecutor, the registration of each criminal case by sending a copy of the First Information Report;

(b) send the police report under section 173 of the Code, to the concerned Prosecutor within the period prescribed by law; and

(c) if an investigation is not completed or cannot be completed within the time provided under the law, record reasons for the delay and inform the Prosecutor.

(2) An officer Incharge of the Police Station or Investigation Officer shall, within the time specified by the Prosecutor, comply with the directions and remove the defects pointed out by the Prosecutor in a police report under section 173 of the Code, including report for cancellation of the First Information Report or request for discharge of an accused or suspect.

11. Duties of the Prosecutors.
(1) the Prosecutor General shall-

(a) submit an annual report of the Service to Government within three months of the conclusion of the calendar year to which the report pertains;

(b) keep Government informed about the performance of the Service.

(2) A Prosecutor, working under the supervision of the Prosecutor General, shall keep the Prosecutor General informed about the progress of all the cases under his charge.

(3) A Prosecutor, working under the supervision of the District Public Prosecutor, shall keep the concerned District Public Prosecutor informed about the progress of all criminal cases under his charge.

(4) Where a Prosecutor is of the opinion that an application for enhancement of sentence or a revision should be filed in any case, he shall refer the matter to the District Public Prosecutor or the Prosecutor General, who shall take appropriate measures thereon under the law.

(5) In case of acquittal by a -

(i) Court in a District, the concerned District Public Prosecutor; and

(ii) Special Court, the concerned Prosecutor, shall report the details of the case to the Prosecutor General, along with grounds for appeal and the Prosecutor General may request Government for preferring an appeal.

(6) A Prosecutor shall maintain an independent file in the prescribed manner of each case assigned to him for prosecution.

(7) A District Public Prosecutor shall act as a member of the Criminal Justice Coordination Committee established under Article 110 of the Order.

(8) A Prosecutor shall –

(a) in all matters, perform his functions and exercise his powers fairly, honestly, with due diligence, in the public interest and to uphold justice;

(b) on receipt of the police report, final or interim, including a report for cancellation of First Information Report or request for discharge of an accused, scrutinize the same and process it under section 9;

(c) make such entries in the record and registers, as may be prescribed;

(d) 1 [“ perform such other duties as may be delegated to him by the Prosecutor General Sindh under this Act”.]

12. Establishment of Agency.
(1) Government may establish a Criminal Process Serving Agency to perform such process serving functions as may be prescribed.

(2) The criteria for appointment and terms and conditions of service of the members of Criminal Process Serving Agency shall be such, as may be prescribed.

13. Power to make rules.
Government may, by notification, in the official gazette make rules for carrying out the purposes of this Act.

14. Terms and conditions of service.
Subject to the provisions of this Act and the rules, members of the Service 24[“except the Prosecutor General”]24, including the staff, shall be appointed and governed under the Sindh Civil Servants’ Act,1973 (Sindh Act No.14 of 1973) and rules made thereunder.

15. Code of Conduct.
The Prosecutor General shall, with the prior approval of Government, issue a code of conduct for the Public Prosecutors.

16. Indemnity.
(1) No suit, prosecution or other legal proceedings shall lie against a Prosecutor in respect of anything done or attempted to be done by him in good faith under this Act.

(2) A Prosecutor appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Pakistan Penal Code,1860 (Ordinance XLV of 1860).

17. Removal of difficulties.
Government may, by order, provide for the removal of any difficulty, which may arise in giving effect to the provisions of this Act.

18. Act to over-ride other laws.
25[****]25. 26[“The provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force.”.]26

19. Savings.
All appointments made, actions taken and notifications issued by Government before the commencement of this Act, with respect to prosecution of criminal cases, shall be deemed to have been made, taken and issued under this Act.

Footnotes

1 Section 2, in sub-section (1), after the semi colon the words added vide Sindh Act No. II of 2016 dated February 4, 2016. ↩

2 Section 2, in sub-section (1) for clause (i) substituted by Sindh Act No. II of 2016 dated February 4, 2016. ↩

3 Section 2, in sub-section (1) in clause (1) after the word “Act” the word “or Code” inserted by Sindh Act No. II of 2016 dated February 4, 2016.

4 Section 2, in sub-section (2) the words substituted vide Sindh Act No. II of 2016 dated February 4, 2016.

5 In Section 4, the words added “ and any other Public Prosecutor” vide Sindh Act No. II of 2016 dated February 4, 2016. ↩

6 In section 5 substituted vide Sindh Act No. II of 2016 dated February 4, 2016.

7 Clauses (1), (2) and (3) of Section 5 substituted by Sindh Act No. I of 2012, vide No. PAS/Legis-B-32/2011 Dated 02-01-2012. ↩

8 Subs by the Sindh Act No vii of 2025 dated. 8th April 2025 ↩

9 subs by the ibid ↩

10 Omitted by the ibid ↩

11 Clause (1) of Section 6 substituted by ibid. ↩

12 Sub clause (3) of Section 6 substituted by Sindh Act No. XIV of 2014, vide No.PAS/Legis-B-10/2014 dated 11.6.2014. ↩

13 In Section 6, sub-section (4) the words omitted vide Sindh Act No. II of 2016 dated February 4, 2016. ↩

14 In Section 6, sub-section (5) omitted and section (6) and (7) renumbered as Section (5) and (6) by ibid. ↩

15 In Section 6, for renumbered sub-section (6) substituted by Sindh Act No. II of 2016 dated February 4, 2016.

16 Omitted by Sindh Act No vii of 2025 Dated; 8th April 2025 ↩

17 Section 7 substituted by Sindh Act No. XIV of 2014, dated 11.06.2014. ↩

18 Substituted Section 7 by Sindh Act No XV of 2026 Dated: 20 May 2026 ↩

19 In Section 8, sub-section (1) the words substituted by vide Sindh Act No. II of 2015 dated February 4, 2016. ↩

20 In Section 9, after sub-section (1) new sub-section (1-A) inserted by Sindh Act No. II of 2015 dated February 4, 2016.. ↩

21 In Section 9, for sub-section (6) substituted by vide Sindh Act No. II of 2016 dated February 4, 2016. ↩

22 After Section 9, new section “9-A” inserted by ibid. ↩

23 In section 11, sub-section (8) for clause (d) substituted by vide Sindh Act No. II of 2016 dated February 4, 2016

24 In Section 14, the words inserted by Sindh Act No. II of 2016 dated February 4, 2016. ↩

25 Section.18 deleted by Sindh Act No.I of 2012, vide No. PAS/Legis-B-32/2011 Dated 02-01-2012. ↩

26 After Section 17, added a new section “18” by Sindh Act No. II of 2016 dated February 4, 2016. ↩

This digital version of the Sindh Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2009 is provided as-is. Although reasonable efforts have been made to ensure accuracy and avoid error, no warranty is made as to its accuracy or completeness. Consult the official sources or Gazette when legal accuracy is material.