Code of Criminal Procedure, 1898 — Section 40: Powers of officers appointed

40. Powers of officers appointed. Whenever any person holding an office in the service of Government who has been invested with any powers under this Code throughout any local area is 1 [appointed] to an equal or higher office of the same nature, within a like local area under the same 2 [Provincial Government], he shall, unless the 2[Provincial Government] otherwise directs, or has otherwise directed, 3[* *] exercise the same powers in the local area 4[in which] he is so 1[appointed]. 5 [41. Withdrawal of powers.__ The Provincial Government may, on the recommendations of the High Court, withdraw all or any powers conferred by it under this Code on any person or Magistrate.]

(2)For the purposes of this section the term “offence” includes any act committed at any place out of 1[Pakistan] which would constitute an offence if committed in 1[Pakistan]. 45. Village-headman, accountants, landholders and others bound to report certain matters. (1)Every village-headman, village-accountant, village watchman, village police-officer, owner or occupier of land, and the agent of any such owner or occupier 2[in charge of the management of that land], and every officer employed in the collection of revenue or rent of land on the part of 3[the 4 [Government]] or the Court of Wards, shall forthwith communicate to the nearest Magistrate 5[or Justice of the Peace] or to the officer incharge of the nearest police-station whichever is the nearer, any information which he may 6[possess] respecting

(a)the permanent or temporary residence of any notorious receiver or vendor of stolen property in any village of which he is headman, accountant, watchman or police-officer, or in which he owns or occupies land, or is agent, or collects revenue or rent;

(b)the resort to any place within, or the passage through, such village of any person whom he knows, or reasonably suspects to be a thug, robber, escaped convict or proclaimed offender;

(c)the commission of, or intention to commit, in or near such village any non-bailable offence or any offence punishable under section 143, 144, 145, 147 or 148 of the Pakistan Penal Code (XLV of 1860) ;

(d)the occurrence in or near such village of any sudden or unnatural death or of any death under suspicious circumstances; 7[or the discovery in or near such village of any corpse or part of a corpse, in circumstances which lead to a reasonable suspicion that such a death has occurred or the disappearance from such village of any person in circumstances which lead to a reasonable suspicion that a non-bailable offence has been committed in respect of such person;]

(e)the commission of, or intention to commit, at any place out of 1[Pakistan] near such village any act which, if committed in 1[Pakistan], would be an offence punishable under any of the following sections of the Pakistan Penal Code (XLV of 1860), namely, 2[231, 232, 233, 234, 235, 236, 237, 238,] 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 8[460, 489A, 489B, 489C and 489D];

(f)any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property respecting which 9[any officer authorised by the Provincial Government], by general or special order made with the previous sanction of the 10[Provincial Government], has directed him to communicate information.

(2)In this section

(i)“village” includes village-lands; and the expression “proclaimed offender” includes any person proclaimed as an

(ii)offender by any Court or authority established or continued by the 1[Federal Government] 2[* * *] in any part of 3[Pakistan], in respect of any act which if committed in 4[Pakistan], would be punishable under any of the following sections of the Pakistan Penal Code (XLV of 1860), namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460.

(3)Appointment of Village-headmen 5[* * * * *] in certain cases for purposes of this section. Subject to rules in this behalf to be made by the 6[Provincial Government], the 5[District Officer (Revenue)] may from time to time appoint one or more persons 7[with his or their consent] 8 [to perform the duties of a village- headman under this section whether a village-headman has or has not been appointed for that village under any other law.].