Criminal Law (Special Provisions) Ordinance, 1968
Download FeedBackDepartment: | Home & Tribal Affairs Department | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Main Category: | Ordinance | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Specific Category Name: | Law | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Year | 1968 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Promulgation Date: | 16-01-1968 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Details: | THE CRIMINAL LAW (SPECIAL PROVISIONS) ORDINANCE, 1968.
[16th
January, 1968] CONTENTS PREAMBLE
1.
Short title and extent. 2.
Definitions. 3.
Trial of scheduled offences. 4.
Cognizance of scheduled offences. 5.
Question of guilt or innocence to be referred to
Tribunal. 6.
Constitution of Tribunal. 7.
Reference of question to a new Tribunal in
certain cases. 8.
Quorum. 9.
Procedure before the Tribunal. 10.
Tribunal to have certain powers of a Court. 11.
Action upon the report of the Tribunal. 12.
Punishment. 13.
Compensation. 14.
Women punishable for adultery. 15.
Scheduled offences to be cognizable. 16.
Bail. 17.
Security for keeping the peace. 18.
Power to demand security from male adult members
of families. 19.
Procedure for enquiry.
SECTIONS. 20.
Breach of bond. 21.
Imprisonment in default of security. 22.
Collective fine. 23.
Appeal. 24.
Revision. 25.
Execution of sentence. 26.
Suspension, remission, etc., of sentences. 27.
Appearance of legal practitioners. 28.
Jurisdiction of Courts barred. 29.
Indemnity. 30.
Delegation. 31.
Power to make rules. 32.
Pending proceedings. 33.
Repeal. SCHEDULE
THE CRIMINAL LAW (SPECIAL PROVISIONS) ORDINANCE, 1968.
[16th
January, 1968] AN
AND WHEREAS
the Provincial Assembly of West Pakistan is not in session and the Governor of
West Pakistan is satisfied that circumstances exist which render immediate
legislation necessary; NOW, THEREFORE,
in exercise of the powers conferred on him by clause (1) of Article 79 of the
Constitution, the Governor of West Pakistan is pleased to make and promulgate
the following Ordinance:—
(2) It
extends to the areas specified in the Schedule. [1][(3) Government may, by notification in the
official Gazette, direct that this Ordinance shall, on such date as may be
specified in the notification, cease to be in force in any area in which it is
in force and, upon its so ceasing to be in force in any area, shall be deemed
to have been repealed.]
(a)
"Commissioner" means the Chief Officer-in-charge of the revenue administration of a division, and
includes any other officer who is
specially empowered by Government to exercise the
powers and functions of a Commissioner under this Ordinance; (b)
"Deputy Commissioner" includes any officer exercising or
performing any power or function of a
Deputy Commissioner under this
Ordinance; (c)
"Government" means the [2][Provincial
Government]. (d)
"party" means the accused and the person or persons
primarily interested in the
prosecution of the case, including the prosecutor,
if any; (e)
"scheduled offence" means an offence made punishable by
the Pakistan Penal Code (XLV of
1860), other than an offence specified
in section A of Part I of the Schedule to the Conciliation
Courts Ordinance, 1961 (XLIV of 1961); (f)
"Tribunal" means a Tribunal constituted under section 6.
(2) Except as
otherwise provided in this Ordinance, the provisions of the Evidence Act, 1872
(I of 1872), and the Code of Criminal Procedure, 1898 (V of 1898), shall not
apply to any proceedings under this Ordinance.
(a)
upon receiving a
complaint of facts which constitute such offence; (b)
upon a report in
writing of such facts made by a police officer; or (c)
upon information
received from any person other than a police officer
or upon his own knowledge or suspicion that such offence has been committed: Provided that cognizance of an offence under section 14
shall not be taken except upon a complaint made by the husband of the woman, or
in his absence, by some person who had the care of such woman on his behalf at
the time when such offence was committed.
(3) Where a
person is accused of more offences than one and any such offence is not a
scheduled offence, the Deputy Commissioner shall proceed in accordance with the
provisions of this Ordinance only in respect of the scheduled offence or
offences. (4) Where it
appears to any Magistrate, Court or other authority enquiring into or trying
any offence that such offence is a scheduled offence, such Magistrate, Court or
authority shall stay further proceedings in respect of such offence and refer
it to the Deputy Commissioner for proceeding in accordance with the provisions
of this Ordinance.
(2) A
Tribunal shall hold its sittings at such place as the Deputy Commissioner may
fix, having regard to the safety of the accused and the witnesses and
availability of adequate legal assistance to the accused; and such place may
also be a place situated in an areas in which this Ordinance is not for the
time being in force. (3) The power
of the Deputy Commissioner under sub-section (2) shall, in respect of a place
situated beyond the jurisdiction of the Deputy Commissioner by whom the
tribunal has been constituted be exercisable by the Provincial Government.]
(2)
In appointing a person as a member, other than the President, the Deputy
Commissioner shall have regard to the integrity, education, social status and
representative character of such person. (3)
No person shall be appointed as a member of the Tribunal, other
than the President, except after giving the parties concerned an opportunity of
being heard and considering objections, if any, to the appointment of such
person.
(2) If any
member of the Tribunal dies, refuses to act, becomes incapacitated from acting,
or fails to attend any two meetings of the Tribunal without sufficient cause to
the satisfaction of the President of the Tribunal, the President shall refer
the matter to the Deputy Commissioner, who shall, as soon as may be appoint
another member in place of the defaulting member in accordance with the
provisions of sub-sections (2) and (3) of section 6.
Provided that the Tribunal may in its discretion refuse
to take or hear any evidence which in its opinion is being tendered for the
purpose of causing vexation or delay or for defeating the ends of
justice:
(3) The
Tribunal may administer oath to a witness in such form or manner, not
inconsistent with the religion of the witness, as it deems fit.
(2)
Upon receipt of a report of the Tribunal, the Deputy Commissioner
may, if the report does not give a finding on the question referred to the
Tribunal or any substantial part thereof, if he is of opinion that there has
been material irregularity or that the proceedings of the Tribunal have been so
conducted as to occasion a miscarriage of justice, remand the question to the
Tribunal or refer the question to a second Tribunal constituted in accordance with
section 6. (3)
Where the Tribunal unanimously or by a majority of four-fifth
reports a finding of guilty, the Deputy Commissioner may if he does not proceed
under sub-section (2), either convict and pass sentence on, or acquit, the person
or persons so found guilty. (4)
Where the Tribunal unanimously or by a majority of four-fifth
reports a finding of not guilty, the Deputy Commissioner shall, if he does not
proceed under sub-section (2), acquit the person or persons so found not
guilty. (5)
Where the Tribunal reports a finding either of guilty or of not
guilty by a majority of less than four-fifth, the Deputy Commissioner shall, if
he does not proceed under sub-section (2), acquit the accused person or
persons. (6)
Where the Deputy Commissioner remands or refers under sub-section
(2) a question, he shall— (a)
if the Tribunal, on
such remand or reference unanimously or
by a majority of not less than four-fifths reports a finding of guilty, convict and pass sentence on the accused; and (b)
in any other case,
acquit the accused. (7)
The Deputy Commissioner shall, before passing any order under this
section, give the accused an opportunity of being heard and shall record
reasons for every such order. (8)
The order of the Deputy Commissioner under this section, either
convicting or acquitting any accused, shall be announced in the presence of the
accused and a copy thereof shall be furnished to the parties free of cost.
(a)
he shall pass upon him any sentence of fine, whatever may be the punishment provided for the
offence in the Pakistan Penal
Code, 1860 (XLV of 1860); (b)
he may, in lieu of, or in addition to, such fine— (i)
pass a sentence of imprisonment of either description for a term which may extend to seven years; or (ii)
in respect of any offence punishable with transportation or imprisonment of either description not exceeding five years; (iii)
subject to confirmation by the Commissioner, pass a sentence of transportation or
imprisonment of either
description for a term exceeding seven years
but not exceeding fourteen years; or (iv)
subject to the provisions of section 393 of the Code of Criminal Procedure, 1898 (V of
1898), pass a sentence of
whipping, or of whipping and imprisonment
of either description not exceeding five
years: Provided that no sentence of whipping shall be passed for
an offence under sections 121, 121-A. 122,123, 124-A, 125, 126, 127, 144, 150,
216, 216-A, 400, 401, 402, 494 or 495 of the Pakistan Penal Code (XLV of
1860): Provided further that no sentence of transportation or
imprisonment shall be passed for an offence for a term exceeding that provided
for that offence under the Pakistan Penal Code, 1860 (XLV of 1860).
(2) Where a
person has received any such compensation as a full discharge of the civil
liability of the accused to such person on account of the loss or injury
mentioned in sub-section (1), no Civil Court or any authority performing the
functions of a Civil Court shall take cognizance of a claim to compensation
based on such loss or injury. (3) Where a
person entitled to receive compensation under sub-section (1) dies before
receiving it, the amount of the compensation may be paid to the heirs of such
person to be determined by the Deputy Commissioner in accordance with the
personal law of the deceased.
(2) The
President of a Tribunal may, in regard to a case referred to the Tribunal for
decision under section 5, exercise the powers of the Deputy Commissioner under this
section.
(a)
is satisfied that any person within his District has either a blood feud, or occasioned cause
or quarrel likely to lead to
blood-shed; or (b)
is of opinion that it is necessary for the purpose of preventing
murder, or culpable homicide not amounting to
murder, to require a person within his District to execute
a bond under this section for keeping the peace. the Deputy Commissioner
may order the person to execute a bond with or without sureties (not exceeding
two in number), for his good behaviour or for keeping the peace, as the case
may be during such period, not exceeding three years, as the Deputy
Commissioner may fix.
(a)
on the recommendation of a Tribunal : or (b)
after enquiry as provided in section 19. (3) Pending the completion of an enquiry for
the purposes of sub-section (2), the Deputy Commissioner may, if he considers
that immediate measures are necessary for preventing any offence referred to in
sub-section (1), direct a person in respect of whom the enquiry is to be held, to
execute a bond, with or without sureties (not exceeding two in number), for
keeping the peace or maintaining good behaviour, for a period not exceeding one
month and detain him in custody till such bond is executed. (4) Where a person has been convicted in
accordance with the finding of a Tribunal of an offence punishable under
section 302, section 304, section 307 or section 308 of the Pakistan Penal Code
(XLV of 1860), the Deputy Commissioner, at the time of passing the sentence, or
the Commissioner, at the time of deciding the appeal, may make an order under
sub-section (1) with respect to that person. (5) Where the
Deputy Commissioner makes an order under sub-section (1) on the recommendation
of a Tribunal, he shall record his reasons for acting on the recommendation. (6) Where the Commissioner or the Deputy
Commissioner is of opinion that sufficient grounds exist for making an order
under sub-section (1), he may, either in lieu of, or in addition to, such
order, by order in writing, direct that the person concerned shall notify his
residence and any change of residence in the manner prescribed by section 565
of the Code of Criminal Procedure, 1898 (V of 1898), during such term not
exceeding three years, as may be specified in the order.
(a)
of showing cause why a bond should not be required. (b)
of cross-examining any witnesses not called for by himself or themselves who may testify to the
necessity or otherwise for the
execution of a bond; (c)
of having his or their witnesses examined: Provided that the Deputy Commissioner may, in his
discretion, refuse to hear any evidence which he feels is being tendered for
the purposes of vexation or delay or for defeating the ends of justice: Provided further that the provisions of sections 121 to
126 of the Evidence Act, 1872 (I of 1872), shall apply to proceedings under
this section as they apply to proceedings before a Judge or a Magistrate. (2) The Deputy Commissioner shall record his
order under this section with the reason for making it.
(2)
A bond executed under section 18 shall be liable to be forfeited,
if the person bound thereby to be of good behaviour or to keep the peace, as
the case may be commits or attempts to Commit, or abets the commission of, any
offence punishable with imprisonment in respect of any member of the opposite
family or faction to which the bond related. (3)
If, while a bond executed under section 18 is in force, the life
of any member of either family or faction is unlawfully taken or attempted, the
Deputy Commissioner may declare the bond of all or any of the members of the
other family or faction along with their sureties (if any) to be forfeited,
unless it is shown to his satisfaction that the homicide or attempt was not
committed by or in consequence of the abetment of, any member of that family or
faction.
(2) Imprisonment
for failure to give security under section 17 or section 18 may be rigorous or
simple, as the officer requiring the security directs in each case.
(a)
abetted or are concerned in the commission of any scheduled offence; or (b)
failed to render, when called upon by the Deputy Commissioner or any public servant,
assistance in their power to
discover the offender concerned in the commission
of any scheduled offence; or (c)
harboured any offender or person suspected of having taken part in the commission of a
scheduled offence; the Deputy Commissioner
may, with the previous sanction of Government impose any reasonable fine on the
male adult inhabitants of such village or part of a village, or any of them as
a whole, as the case may be, after holding a summary enquiry and affording them
an opportunity of showing cause against the proposed action.
(3) A fine
imposed under this section shall, in default of payment, be recoverable as if
it were an arrear of land-revenue due from the inhabitants of the village or
part thereof, upon whom the fine is imposed.
Explanation— In computing the period of
thirty days mentioned in this sub-section the day on which the decision,
sentence or order sought to be appealed against was given, passed or made, and
the time requisite for obtaining a copy thereof shall be excluded. (2) The
Commissioner shall not confirm modify, alter or set aside any decision,
sentence or order appealed against except after giving the parties an
opportunity of being heard. (3) The
Commissioner may, in deciding an appeal under sub-section (1) exercise all or
any of the powers conferred on an appellate Court by the Code of Criminal
Procedure, 1898 (V of 1898) and may also enhance any sentence:
(4) The
decision of the Commissioner on an appeal under this section shall be final.
Provided that nothing herein contained shall be deemed to
authorize Government to vary or set aside a finding of a Tribunal on a question
of fact where such finding has been accepted by the Deputy Commissioner unless
it is of opinion that there has been a material irregularity or defect in the
proceedings or that the proceeding have been so conducted as to occasion a
miscarriage of justice. (2) Government
may, after examining any record called for under sub-section (1), and giving
the parties an opportunity of being heard, pass such orders as it may think
fit: Provided that no sentence shall be passed by Government
in the exercise of its powers under this sub-section which the Deputy
Commissioner could not have passed under this Ordinance.
(2) In
particular, and without prejudice to the generality of the foregoing
provisions, such rules may provide for all or any of the following matters,
namely: (a)
the offences which may be compounded. (b)
the persons by whom and the manner in which an offence may be
compounded; (c)
the procedure regarding appeal and revision; (d)
the maintenance of record of the Tribunal and those of the Deputy
Commissioner and the Commissioner ; and (e)
such other matters as Government may consider necessary for
carrying into effect the provisions of this Ordinance.
SCHEDULE 1.
The Divisions of Quetta and Kalat except the Tribal Areas.
[1] Added vide West Pakistan Ordinance No. IX of
1968.
[2] Substituted vide P.O. of 1975. [3] Inserted vide Act No. V of 1975. [4] Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011. [5] Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011. [6] Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011. |