Imagine this scenario: A First Information Report (FIR) is registered against you in Lahore, but you are currently living and working in Karachi. One day, police officers from Lahore arrive at your doorstep in Karachi to take you into custody. Is this legal? Can out-of-province police just arrest you and take you away?
The answer lies in a very specific, highly crucial piece of legislation: the Removal of Accused Persons Act, 1973.
In Pakistan, criminal law and police powers are largely provincial. The police in Sindh do not have automatic jurisdiction to arrest someone in Punjab, and vice versa. To bridge this legal gap and ensure that criminals cannot simply escape justice by crossing provincial borders, the federal government enacted this law.
Whether you are a law student, a legal professional, or an ordinary citizen facing an inter-city legal issue, understanding the Removal of Accused Persons Act 1973 is essential. As legal experts, we have decoded this Act into simple, humanized language. Let’s explore how inter-provincial transfers work, what your rights are, and how the law protects you from illegal detention.
The Removal of Accused Persons Act 1973 is a federal law designed to facilitate the legal transfer of an accused person from one part of Pakistan to another where they are required to face trial or legal proceedings.
Before this Act, transferring a suspect from one province to another was a legal nightmare. Local police often lacked the authority to execute arrest warrants outside their home districts without going through a lengthy, complex process. This Act streamlined the procedure, ensuring that the wheels of justice are not halted by geographical boundaries.
. Jurisdictional Boundaries in Pakistani Criminal Law: To understand why this Act exists, you must understand how police jurisdiction works in Pakistan.
. How Provincial Police Jurisdictions Work: Under the Police Rules and the Code of Criminal Procedure (CrPC), a police officer’s power to arrest and investigate is strictly limited to their designated territorial jurisdiction. A Lahore police officer cannot simply travel to Peshawar, arrest a suspect, and bring them back without following the legal protocol.
. The Legal Gap This Act Fills : The Removal of Accused Persons Act 1973 acts as the legal bridge. It provides a statutory mechanism for the “extradition” or transfer of accused persons within the borders of Pakistan, ensuring that the investigating agency can bring the accused before the correct court of law.
The process of transferring an accused person under the Removal of Accused Persons Act 1973 is strictly regulated to prevent abuse of power. It is not as simple as showing up with a piece of paper.
. Issuance and Endorsement of Warrants: The core mechanism of this Act revolves around the “endorsement” of arrest warrants.
. The Role of the Magistrate and Endorsement: When a court or a police station in City A (where the crime occurred) issues an arrest warrant for a suspect believed to be in City B, that warrant cannot be executed directly.
. The Endorsement Process Explained: The warrant must first be taken to a Magistrate in City B (where the suspect is located). The Magistrate of City B will “endorse” (sign and validate) the warrant. This endorsement gives the local police of City B the legal authority to arrest the individual on behalf of City A.
. Execution of the Warrant in Another Province: Once endorsed, the local police of City B can arrest the accused. Alternatively, the police from City A, accompanied by the local police of City B, can take the accused into custody. This dual-police requirement is a vital safeguard to ensure the arrest is legitimate and to prevent fake kidnappings by rogue elements.
One of the most searched and misunderstood aspects of this Act is “Transit Remand.” If you are arrested in a different city, you will likely hear this term from your lawyer.
. What is Transit Remand Under This Act?
Transit remand is the legal custody granted to the police to transport the accused from the city of arrest to the city where the case is registered.
. Protecting the Rights of the Accused During Transfer
The law recognizes that transporting a suspect across provinces takes time. During this time, the suspect is in police custody. Transit remand ensures that this custody is legally sanctioned and time-bound, protecting the accused from indefinite, illegal detention.
. Time Limits for Transit Remand
A Magistrate does not grant transit remand indefinitely. Typically, transit remand is granted for a very short period usually ranging from 2 to 14 days, depending on the distance between the two cities and the mode of transport.
. What Happens When Transit Remand Expires?
The police must produce the accused before the Magistrate in the destination city before the transit remand expires. Once they reach the destination city, the local court takes over, and the police may then seek regular physical or judicial remand under Section 167 of the CrPC.
The Removal of Accused Persons Act 1973 is not just a tool for the police; it also contains implicit and explicit safeguards for the accused. If your rights are violated during an inter-provincial transfer, the entire process can be challenged in the High Court.
You have the right to verify the identity and authority of the arresting officers.
. The Right to See the Endorsed Warrant
Before you are taken into custody, you or your family have the right to see the arrest warrant and, crucially, the endorsement signed by the local Magistrate. If the police from another city try to arrest you without a locally endorsed warrant, it is illegal, and you can file for habeas corpus.
. The Right to Legal Counsel and Bail
Even during transit, your constitutional rights remain intact.
. Challenging an Improper Transfer Warrant
If you believe the FIR is fake, or the police are using the Removal of Accused Persons Act 1973 to harass you, your criminal defense lawyer can immediately approach the local High Court. The court can grant pre-arrest bail (bail before arrest) or stay the transfer proceedings until the main case is resolved.
People often confuse domestic transfer laws with international extradition. It is important to know the difference.
. Domestic Transfer vs. International Extradition
The Removal of Accused Persons Act 1973 applies only within the borders of Pakistan (inter-provincial or inter-district transfers).
. When the Extradition Act Applies
If a suspect flees Pakistan and hides in Dubai, the UK, or the USA, the Removal of Accused Persons Act no longer applies. In such cases, the government must use the Extradition Act 1972, which involves complex diplomatic channels, Interpol, and international treaties
Despite the clear rules, disputes frequently arise during the execution of this Act.
. Disputes Over Jurisdiction and Age
Sometimes, the local police refuse to cooperate in endorsing a warrant, or the accused claims to be a juvenile.
. The Juvenile Justice Factor
If the accused is a minor, the Juvenile Justice System Act 2018 overrides standard transfer protocols. The child must be sent to a juvenile observation center or reformatory school, and the transfer must be handled with extreme care, ensuring the child is not kept in adult police lockups during transit.
. High Court Interventions
When local police stall the endorsement process, the investigating agency can approach the High Court under Section 561-A of the CrPC to direct the local authorities to cooperate. Conversely, the accused can approach the High Court to quash fake FIRs designed solely to facilitate an illegal inter-city arrest.
Inter-provincial arrests are highly stressful and prone to procedural violations. A single mistake, such as failing to verify the Magistrate’s endorsement, can result in illegal physical remand or torture in an unfamiliar city.
You need a legal team that operates across multiple jurisdictions. A specialized lawyer will immediately track the FIR, verify the warrant’s authenticity, apply for transit bail if applicable, and ensure that the local police fulfill their duty to protect your fundamental rights during the handover process.
At MAH&CO, we understand the panic and confusion that comes with an inter-provincial arrest or a multi-jurisdictional criminal case. We pride ourselves on being a premier, highly responsive, and aggressive full-service law firm in Pakistan. Our team of expert barristers and legal activists specializes in criminal defense, bail and remand matters, and constitutional litigation.
Whether you are facing an illegal arrest under the Removal of Accused Persons Act 1973, need to challenge a fake FIR in another city, or require representation in complex High Court matters, our dedicated team is here to protect your liberty. We combine deep procedural knowledge with a modern, client-centric approach to ensure you are never left helpless in the face of state machinery.
Don’t navigate the complexities of the legal system alone. Reach out to our expert legal team for a confidential consultation.
