Section 8: Powers of prosecutors

(1) The Federal Prosecutor General may issue general guidelines to the Prosecutors or officers responsible for investigation for effective and efficient prosecution. (2) The Federal 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 which is prejudicial to the prosecution. (3) A prosecutor shall have right of representation and audience in every court assigned to him. (4) 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 a law enforcement 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 Government department or agency as may be necessary for the purposes of prosecution; (d) perform such other functions and exercise such powers as may be entrusted to him under the Code and any other law for the time being in force; and (e) with the consent of the court, withdraw from the prosecution of any person either generally or in respect of any one or more offences for which he is being tried, after obtaining approval of— (i) the District Public Prosecutor in cases of offences triable in court of sessions or court of magistrates and punishable with imprisonment of up to three years; (ii) the prosecutor-in-charge of a court in case of offences triable by special courts and punishable with imprisonment of up to three years; (iii) the Federal Prosecutor General where the offence is punishable by imprisonment of up to seven years; and (iv) the Government or one or more officers of the division concerned not below the rank of Additional Secretary authorized by the Government in case of all other offences. (2) At any stage of a trial before any trial court sub-ordinate to a High Court before the judgement is passed, the Federal Prosecutor General or any prosecutor specifically authorized by him may, for reasons to be recorded in writing, inform the court on behalf of the 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 from the same: Provided that such discharge shall not amount to an acquittal unless the court directs otherwise. (3) A prosecutor shall have right of representation and audience on behalf of the Government in all courts including Federal Shariat Court, High Courts and the Supreme Court.

Effective date: 2023-10-26

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