Pakistan Code of Criminal Procedure

Legal Topic: Detention

Geographic relevance: Pakistan

Language: English

Data type: Legal citations

About this resource:

The Pakistan Code of Criminal Procedure distinguishes between bailable and non-bailable offences.

Bailable offences are less serious offences where a person has a right to bail, as long as they can meet the conditions that are attached to bail (bail conditions are discussed below).

The non-bailable offences are split into two categories:

(1) Offences not falling in a “Prohibitory Clause”

These are offences punishable with a prison sentence of less than 10 years. In these cases, the grant of bail is a rule but there are general exceptions, such as where there’s a risk the accused will not appear in court if released on bail (these general exceptions to bail are discussed below).

(2) Offences falling in Prohibitory Clause

These are more serious offences that are punishable with death, life imprisonment or imprisonment for ten years or more. In these cases, the general rule is that bail shall not be granted but there are exceptions for:

• • People under 16 years old;
  • Women;
  • People with illness; and
  • People with disabilities.

It also sets out the following exceptions to bail apply to offences punishable with a prison sentence of less than 10 years:

• The is likelihood the accused with abscond (not appear at trial);
• Where there is a risk the accused with tamper with prosecution evidence;
• Where there is a danger the offence will be repeated if the accused is released; and
• Where the accused has been previously convicted.

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