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Criminal Law of the People’s Republic of China

Adopted at the Second Session of the Fifth National People’s Congress on July 1, 1979; revised at the Fifth Session of the Eighth National People’s Congress on March 14, 1997 and promulgated by Order No.83 of the President of the People’s Republic of China on March 14, 1997 Contents Part One General Provisions Chapter I The Aim, Basic Principles and Scope of Application of the Criminal Law  Chapter II Crimes  Section 1 Crimes and Criminal Responsibility Section 2 Preparation for a Crime, Criminal Attempt and Discontinuation of a Crime Section 3 Joint Crimes Section 4 Crimes Committed by a Unit Chapter III Punishments Section 1 Types of Punishments Section 2 Public Surveillance Section 3 Criminal Detention Section 5 The Death Penalty Section 6 Fines Section 7 Deprivation of Political Rights Section 8 Confiscation of Property Chapter IV The Concrete Application of Punishments Section 1 Sentencing Section 2 Recidivists Section 3 Voluntary Surrender and Meritorious Performance Section 4 Combined Punishment for Several Crimes Section 5 Suspension of Sentence Section 6 Commutation of Punishment Section 7 Parole Section 8 Limitation Chapter V Other Provisions Part Two Specific Provisions Chapter I Crimes of Endangering National Security  Chapter II Crimes of Endangering Public Security  Chapter III Crimes of Disrupting the Order of the Socialist Market Economy  Section 1 Crimes of Producing and Marketing Fake or Substandard Commodities Section 2 Crimes of Smuggling Section 3 Crimes of Disrupting the Order of Administration of Companies and Enterprises Section 4 Crimes of Disrupting the Order of Financial Administration Section 5 Crimes of Financial Fraud Section 6 Crimes of Jeopardizing Administration of Tax Collection Section 7 Crimes of Infringing on Intellectual Property Rights Section 8 Crimes of Disrupting Market Order Chapter IV Crimes of Infringing upon Citizens’ Right of the Person and Democratic Rights  Chapter V Crimes of Property Violation  Chapter VI Crimes of Obstructing the Administration of Public Order Section 1 Crimes of Disturbing Pubic Order Section 2 Crimes of Impairing Judicial Administration Section 3 Crimes Against Control of National Border (Frontier) Section 4 Crimes Against Control of Cultural Relics Section 5 Crimes of Impairing Public Health Section 6 Crimes of Impairing the Protection of Environment and Resources Section 7 Crimes of Smuggling, Trafficking in, Transporting and Manufacturing Narcotic Drugs Section 8 Crimes of Organizing, Forcing, Luring, Sheltering or Procuring Other Persons to Engage in Prostitution Section 9 Crimes of Producing, Selling, Disseminating Pornographic Materials Chapter VII Crimes of Impairing the Interests of National Defence  Chapter VIII Crimes of Embezzlement and Bribery  Chapter IX Crimes of Dereliction of Duty  Chapter X Crimes of Servicemen’s Transgression of Duties  Chapter XI Supplementary Provisions Part One General Provisions  Chapter I The Aim, Basic Principles and Scope of Application of the Criminal Law Article 1 In order to punish crimes and protect the people, this Law is enacted on the basis of the Constitution and in the light of the concrete experiences and actual circumstances in China’s fight against crimes. Article 2 The aim of the Criminal Law of the People’s Republic of China is to use criminal punishments to fight against all criminal acts in order to safeguard security of the State, to defend the State power of the people’s democratic dictatorship and the socialist system, to protect property owned by the State, and property collectively owned by the working people and property privately owned by citizens, to protect citizens’ rights of the person and their democratic and other rights, to maintain public and economic order, and to ensure the smooth progress of socialist construction. Article 3 For acts that are explicitly defined as criminal acts in law, the offenders shall be convicted and punished in accordance with law; otherwise, they shall not be convicted or punished. Article 4 The law shall be equally applied to anyone who commits a crime. No one shall have the privilege of transcending the law. Article 5 The degree of punishment shall be commensurate with the crime committed and the criminal responsibility to be borne by the offender. Article 6 This Law shall be applicable to anyone who commits a crime within the territory and territorial waters and space of the People’s republic of China, except as otherwise specifically provided by law. This Law shall also be applicable to anyone who commits a crime on board a ship or aircraft of the People’s Republic of China. If a criminal act or its consequence takes place within the territory or territorial waters or space of the People’s Republic of China, the crime shall be deemed to have been committed within the territory and territorial waters and space of the People’s Republic of China. Article 7 This Law shall be applicable to any citizen of the People’s Republic of China who commits a crime prescribed in this Law outside the territory and territorial waters and space of the People’s Republic of China; however, if the maximum punishment to be imposed is fixed-term imprisonment of not more than three years as stipulated in this Law, he may be exempted from the investigation for his criminal responsibility. This Law shall be applicable to any State functionary or serviceman who commits a crime prescribed in this Law outside the territory and territorial waters and space of the People’s Republic of China. Article 8 This Law may be applicable to any foreigner who commits a crime outside the territory and territorial waters and space of the People’s Republic of China against the State of the People’s Republic of China or against any of its citizens, if for that crime this Law prescribes a minimum punishment of fixed-term imprisonment of not less than three years; however, this does not apply to a crime that is not punishable according to the laws of the place where it is committed. Article 9 This Law shall be applicable to crimes which are stipulated in international treaties concluded or acceded to by the People’s Republic of China and over which the People’s Republic of China exercises criminal jurisdiction within the scope of obligations, prescribed in these treaties, it agrees to perform. Article 10 Any person who commits a crime outside the territory and territorial waters and space of the People’s Republic of China, for which according to this Law he should bear criminal responsibility, may still be investigated for his criminal responsibility according to this Law, even if he has already been tried in a foreign country. However, if he has already received criminal punishment in the

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The Criminal Law Amendment (Special Court) Act, 1976

1ACT No. XVII OF 1976 An Act to provide for the trial by a Special Court of certain offences. WHEREAS It is expedient to provide for the trial by a special Court of certain offences affecting the security, integrity or sovereignty of Pakistan or any part thereof, including offences of high treason, and for matters connected therewith; It is hereby enacted as follows:— Short title, extent and commencement.—(1) This Act may be called the Criminal Law Amendment (Special Court) Act, 1976. (2) It extends to the whole of Pakistan. (3) It shall come into force at once. Definations.—In this Act, unless there is anything repugnant in the subject or context,— (a) ”Code” means the Code of Criminal Procedure, 1898 (Act V of 1898); (b) ”Special Court” means 2[a] court set up under section 4. Certain offences triable by Special Court.—(1) Any offence punishable under sections 121, 121 A, 122, 123 and 123 A of the Pakistan Penal Code and any offence punishable under the High Treason (Punishment) Act, 1973, including an offence of conspiracy to commit any such offence, whether committed before or after the commencement of this shall be tried by 3[a Special Court] in accordance with the provisions of this Act. (2) No court other than the Special Court shall try an offence which is triable by the Special Court under sub-section (1). (3) If, in the course of a trial before the Special Court, the Court is of opinion that an accused before it has committed or appears to have committed any offence other than an offence referred to in sub-section (1), the Special Court shall record such opinion and refer such accused for the trial of such other offence to a court having jurisdiction to try the offence. Special Court.—(1) 3[For the trial of any of the offences specified in sub-section (1) of section 3, the Federal Government may, by notification in the official Gazette, set up one or more Special Courts] composed of three persons each of whom is a Judge of a High Court, and shall nominate one of the said persons to be the President of the Special Court. 4[(1 A) The setting up of a Special Court under sub-section (1) shall not be deemed to affect the jurisdiction of any other Special Court in respect of the trial of a case pending before such other Special Court immediately before the setting up of the Special Court.] 1For Statement of Objects and Reasons, see Gaz. of P., 1976, Ext Pt. II, pp. 349-350. 2Subs. by the Criminal Law Amendment (Special Court) (Amdt) Ordinance, 1977 (40 of 1977), s. 2, for “the” (w.e.f. 14-9-1977). 2Subs. by the Criminal Law Amendment (Special Court) (Amdt.) Ordinance,1977 (40 of 1977), s. 2, for “the Special Court”. 3Subs. ibid., s. 4, for certain words (w.e.f. 14-9-1977). 4New sub-section (1A) ins. ibid. (2) If any member of the Special Court through death, illness or any other reason is unable to continue to perform his functions, the Federal Government may, by notification in the official Gazette, declare the office of such member to be vacant and appoint thereto another person qualified to hold the office. (3) If, in the course of a trial, any member of the Special Court is, for any reason, unable to attend any sitting thereof the trial may continue before the other two members. (4) The Special Court shall not merely by reason of any change in its membership or the absence of any of its members from any sitting be bound to recall and rehear any witness who has already given any evidence and may act on the evidence already given or produced before it. (5) In the event of any difference of opinion among the members of the Special Court, the opinion of the majority shall prevail and the decision of the Special Court shall be expressed in terms of the views of the majority. Commence­ment of proceedings.—(1) The Federal Government shall forward to the Special Court, on behalf of the prosecution, a complaint in the form of a statement of the case to be tried by the Court, together with a list of the accused persons, formal charges of offences alleged to have been committed by each one of them and a list of witnesses intended to be produced in support of each charge. (2) For the purpose of taking cognizance of a case under his Act no other complaint would be necessary under any other law. (3) The submission of a complaint or a list of 1[accused persons or] witnesses or formal charges under sub-section (1) shall not preclude,— (a) The Federal Government from submitting an amended or additional statement of the case or charge at any time before judgment is pronounced, or (b) The Federal Government or the prosecution from submitting additional names of 1[accused persons or] witnesses at any subsequent stage of the prosecution evidence in the case. Powers and procedure of Special Court.—(1) The Special Court shall have, in respect of a case liable by it, all the powers which a High Court has in relation to trial before it under the Code, but shall, notwithstanding anything contained in the Code, proceed with the trial in the following manner, namely:— 2[(a) as soon as the accused appear or are brought before the Special Court, the formal charges referred to in section 5 shall be read and explained to them, and each one of them shaft be asked whether he is guilty;] (b) if the aecused pleads guilty, the Special Court shall record the plea, and may in its discretion convict him thereon; (c) if the accused pleads not guilty or refuses to plead, or claims to be tried, the Special Court shall proceed to take all such evidence as may be produced in support of the prosecution; 1Ins. by the Criminal Law Amendment (Special Court) (Amdt.) Act. 1976 (41 of 1976). s. 2. 2Subs. by the Criminal Law Amendment (Special Court) (Amdt.) Act, 1976 (66 of 1976), s. 2, for the original clause (a). [Explanation.__For the purposes of this clause and clause (ee), an accused who refuses to plead or claims to be

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The Criminal Law (Special Provisions) Ordinance, 1968

    (W.P. Ord. II of 1968)   C O N T E N T S SECTIONS          Short title and extent.          Definitions.          Trial of scheduled offences.          Cognizance of scheduled offences.          Question of guilt or innocence to be referred to Tribunal.          Constitution of Tribunal.          Reference of question to a new Tribunal in certain cases.          Quorum.          Procedure before the Tribunal.          Tribunal to have certain powers of a court.          Action upon the report of the Tribunal.          Punishment.          Compensation.          Women punishable for adultery.          Scheduled offences to be cognizable.          Bail.          Security for keeping the peace.          Power of demanding security from male adult members of families.          Procedure for enquiry.          Breach of bond.          Imprisonment in default of security.          Collective fine.          Appeal.          Revisions.          Execution of sentence.          Suspension, remission, etc., of sentences.          Appearance of legal practitioners.          Jurisdiction of Courts barred.          Indemnity.          Delegation.          Power to make rules.          Pending proceedings.          Repeal. [1][1] The Criminal Law (Special Provisions) Ordinance, 1968 (W.P. Ordinance II of 1968) [16 January 1968] An Ordinance to make special provision for trial of certain offences in certain areas of West Pakistan Preamble.— WHEREAS it is necessary to make special provision for trial of certain offences in certain areas of West Pakistan to meet the special requirements of those areas; 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:- Short title and extent.— (1)This Ordinance may be called the Criminal Law (Special Provisions) Ordinance, 1968. (2)        It extends to the areas specified in the Schedule. [2][2][(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.] Definitions.— (1) In this Ordinance, unless there is anything repugnant in the subject or context— (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 [3][3][the 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)           Words and expressions used in this Ordinance but not herein defined shall have the meanings assigned to them in the Pakistan Penal Code (XLV of 1860) and the Code of Criminal Procedure, 1898 (V of 1898). Trial of scheduled offences.— (1) Notwithstanding anything contained in any other law for the time being in force [4][4][ but subject to the provisions of section 5], no scheduled offence shall be tried except in the manner provided by this Ordinance. (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. Cognizance of scheduled offences.— (1) The Deputy Commissioner shall have exclusive jurisdiction to take cognizance of a scheduled offence committed within the district to which he is so appointed for the time being; and such cognizance may be taken by him— (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. (2)        When the Deputy Commissioner takes cognizance of a scheduled offence under clause (c) of sub-section (1), he shall, before constituting a Tribunal under section 5, inform the accused that he is entitled to have the case decided by another Deputy Commissioner, and if the accused, or any of the accused, if there be more than one, objects to the case being decided by the Deputy Commissioner who has so taken cognizance of the offence, the matter shall be reported to the Commissioner, who shall transfer the case to another Deputy Commissioner and the Deputy Commissioner to whom the case is so transferred shall proceed in the matter provided in section 5. (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. Question of guilt or innocence to be referred to Tribunal.— The Deputy Commissioner taking cognizance of a scheduled offence shall constitute a Tribunal in accordance with section 6 and refer the question of the guilt or innocence of the person or persons accused of such offence to the decision of such Tribunal [5][5][:] [6][6][Provided that if a scheduled offence is punishable with death, the Deputy Commissioner may, if he deems

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State and Its Officials Have Tortious Liability Towards the Citizens For Violation of Their Rights.

State and Its Officials Have Tortious Liability Towards the Citizens For Violation of Their Rights. Honorable Justice Athar Minnallah of the Supreme Court has recently released his additional note in 90-day election case. The note is deeply contemplated and based on self-accounting. It has taken into account the chequered history of the  dissolution of the National Assembly and the Provincial Assemblies and the aftermath of these dissolution in the light of the Constitutional provisions, showing his utmost dismay on the delay of election across the country. The Note states that the President, Election Commission as a whole and the concerned governors, all of them have created a constitutional impasse with connivance of the Federal Government. The Constitution does not mandate a care-taker set-up beyond 90 days in any case while the current care-taker government continues far beyond the 90-day mandate which is a blatant violation of the Constitution. The Note declares it violation and subjugation of the Constitution and the rights of the people of Pakistan. The people of the country are currently being governed by an un-elected government beyond the Constitutional mandate. The right to choose representatives and be governed by the chosen representatives are being violated continuously. The worst aspect of this violation is that it is being done with absolute impunity by the state and its officials. No one is caring or bothering about the Constitution, a sacred testament and a commitment with the citizens that the country would be governed through and in accordance with the letter and spirit of the Constitution, not otherwise. However, the Constitution has been reduced to a mere platitude and a piece of paper at the hands of chosen representatives. The Note also traces the root cause of the absolute impunity from violation of the Constitution on the part of the state and states that it is the very judiciary which has been complicit with the illegitimate usurpers. The martial laws would not be imposed if the judiciary did not play the role of an accomplice. The role of the judiciary in this regard has been very objectionable and questionable. The judges took the oaths from the usurpers and that too in violation of the Constitution. The judges of the very judiciary served as legal adviser to the dictators. We must accept that it is only the judiciary with the help of which it has been possible to suspend and violate the Constitution for multiple times. The recent violation of the Constitution to create an impasse by the President, E.C.P and the Governors amounts to clear violation of the Constitution. The very act of violation offends the vires of Article 6, which is high treason. The very article has been enacted for sole purpose of deterrence for the usurpers and violators of the Constitution but unfortunately, it has not worked well and has failed to deter the delinquents. This is not possible without the help of the judiciary. The Note after extensively analysing the Constitutional provisions related to elections and lamenting the complicity of the judiciary to legitimise the rule of usurpers, turns towards the remedy as to how to make the delinquent officials and the violators of the Constitution responsible for violating the Constitution. This is most significant and profound part of the Note, which serves as a guiding light for the citizens to claim compensation for violation of the their rights. The Note further states that Article 212 mandates that there must be administrative courts across the country where the general public can bring their claims against the violation of their rights by the state or its officials. These courts are supposed to be administrative courts and they have to address the issues of tortious liability on the part of the state and its officials. Unfortunately, such courts have not been set up up till now, but the Note suggests that non-existence of such courts does not abate the Constitutional right i.e. tortious liability claims, of the citizens. The citizens are still holding this right conferred on them by the virtue of Article 212 and they can resort to ordinary courts of plenary civil jurisdiction for the enforcement of this right unless the proper administrative courts are set up. The Note advises the citizens that their right to representation and to choose their representatives have been violated by the President, E.C.P, the two Governors (Punjab and KP) and the Federal Government. Thus, the citizens can approach the courts to claim tortious liability, compensation or vindicated rights against the officials. The Note asserts that if these courts for tortious liability have been set up since the day first and they  have been functional, the situation would  have been much different, and there would have been some amount of deterrence on the part of the state and its officials from violating the Constitution and the people’s rights. However, the citizens are still at liberty to take this Article, 2112, into motion by filling or bringing their claims of tortious liability in the light of this Article in civil courts as well as the High Courts, as the case may be. This is the only way left with the people of Pakistan to deter the state officials from violating their fundamental rights. Click to Download 

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ICA does not Lie Where an Appeal, Review or Revision is Available Against the Original Order, Irrespective Whether it is Available to one of the Parties or both of them.

ICA does not Lie Where an Appeal, Review or Revision is Available Against the Original Order, Irrespective Whether it is Available to one of the Parties or both of them. Proviso to Section 3(2) of the Law Reforms Ordinance, 1972, bars filling an Intra Court Appeal (ICA) against the order of a signal bench where appeal, review or revision, or any kind of remedy is available against the original order to address the issue. The said proviso is reproduced herein below, “…. Provided that the appeal referred to in this sub-section shall not be available or competent if the application brought before the High Court under Article 199 arises out of any proceedings in which the law applicable, provided for at least one appeal or one revision or one review to any Court, Tribunal or authority against the original order.” Now the question arises that what if the right of appeal, review or revision is available to one party but not the other party, would the party, which is not left with a remedy against the original order, be eligible to file an ICA or instead it shall also approach the Supreme Court. Recently, a similar case came up for adjudication before the Supreme Court wherein the petitioner had filed ICA before the HC, stating that the remedy against the original order is available to the respondents, not to the petitioner. Hence, ICA  filed by the petitioner is maintainable, but the ICA was dismissed by the HC being not maintainable in accordance with the proviso to section 3(2) of the Ordinance. The petitioner approached the SC and challenged the HC’s order, asserting that the  remedy against the original order is not available to the petitioner rather it is available to the respondents. Hence, his ICA may be declared maintainable before the Division Bench of the HC. The SC analyzed a seminal judgment on this point titled as Mst. Karim Bibi and others v. Hussain Bakhsh and another (PLD 1984 SC 344) and reiterated that the SC has already ruled that the proviso to section 3(2) of the Ordinance is applicable to a case where a remedy of any kind whatsoever is available irrespective of the fact whether it is available to both of the parties or one of the parties. The Court unequivocally held that the said proviso shall be deemed to be applicable to those cases as well where one of the parties is not available with the remedy against the original order. The courts, while sitting over a judgment in ICA, have not to see whether the party who has filed the ICA was available with a remedy against the original order or not. Instead, the courts have to see whether a remedy against the original order is available or not, if so, the ICA shall not be maintainable even if it has been filed by a party left with  no remedy against the original order. The SC dismissed the CPLA as well. This seems to be strict and literal interpretation of the proviso. However, it is still arguable and debatable whether the law in such a scenario should be interpreted purposively or strictly in accordance with its literal meanings.    

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The Criminal Laws Reform Ordinance, 2002

ORDINANCE No. LXXXVI OF 2002 [25th October, 2002] An Ordinance further to amend the Pakistan Penal Code and the Code of Criminal Procedure, 1898, for affecting certain reforms WHEREAS it is expedient further to amend the Pakistan Penal Code (Act XLV of 1860), and the Code of Criminal Procedure, 1898 (Act V of 1898), for affecting certain reforms for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the Fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 1999, read with the Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance:— Short title and commencement.___(1) This Ordinance may be called the Criminal Laws Reform Ordinance, 2002. (2) It shall come into force at once. Amendment of thePakistanPenal Code, 1860.___ The Provisions of the Pakistan Penal Code (Act XLV of 1860), specified in column (1) of the First Schedule are hereby amended to the extent and in the manner specified in column (2) thereof. Amendment of the Code of Criminal Procedure, 1898.___The provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), specified in column (1) of the Second Schedule are hereby amended to the extent and in the manner specified in column (2) thereof. THE FIRST SCHEDULE THE PAKISTAN PENAL CODE (See section 2) (1) (2) 1. Section 137. For the words “five hundred rupees” the word “one thousand five hundred rupees” shall be substituted. 2. Section 140 For the words “five hundred rupees” the words “one thousand five hundred rupees” shall be substituted. 3. Section 154. For the words “one thousand rupees” the words “three thousand rupees” shall be substituted. 4. Section 160. For the words “one hundred rupees” the words “three hundred rupees” shall be substituted. 5. Section 171. For the words “two hundred rupees” the words “six hundred rupees” shall be substituted. 6. Section 171H For the words “five hundred rupees” the words “one thousand five hundred rupees” shall be substituted. 7. Section 172 (i) For the words “five hundred rupees” the words “one thousand five hundred rupees” shall be substituted; and (ii) For the words “one thousand rupees” the words “three thousand rupees” shall be substituted. 8. Section 173 (i) For the words “five hundred rupees” the words “one thousand five hundred rupees” shall be substituted; and (ii) For the words “one thousand rupees” the words “three thousand rupees” shall be substituted. 9. Section 174 (i) For the words “five hundred rupees” the words “one thousand five hundred rupees” shall be substituted; and (ii) For the words “one thousand rupees” the words “three thousand rupees” shall be substituted. 10. Section 175 (i) For the words “five hundred rupees” the words “one thousand five hundred rupees” shall be substituted; and (ii) For the words “one thousand rupees” the words “three thousand rupees” shall be substituted. 11. Section 176 (i) For the words “five hundred rupees” the words “one thousand five hundred rupees” shall be substituted; and (ii) For the words “one thousand rupees” twice occurring the words “three thousand rupees” shall be substituted. 12. Section 177 For the words “one thousand rupees” the words “three thousand rupees” shall be substituted. 13. Section 178 For the words “one thousand rupees” the words “three thousand rupees” shall be substituted. 14. Section 179 For the words “one thousand rupees” the words “three thousand rupees” shall be substituted. 15. Section 180 For the words “five hundred rupees” the words”one thousand five hundred rupees” shall be substituted. 16. Section 182 For the words “one thousand rupees” the words “three thousand rupees” shall be substituted. 17. Section 183 For the words “one thousand rupees” the words “three thousand rupees” shall be substituted. 18. Section 184 For the words “five hundred rupees” the words “one thousand five hundred rupees” shall be substituted. 19. Section 185 For the words “two hundred rupees” the words “ six hundred rupees” shall be substituted. 20. Section 186 For the words “five hundred rupees” the words “one thousand five hundred rupees” shall be substituted. 21. Section 187 (i) For the words “two hundred rupees” the words “six hundred rupees” shall be substituted; and (ii) For the words “five hundred rupees” the words “one thousand five hundred rupees” shall be substituted. 22. Section 188 (i) For the words “two hundred rupees” the words “six hundred rupees” shall be substituted; and (ii) For the words “one thousand rupees” the words “three thousand rupees” shall be substituted. 23. Section 228 For the words “one thousand rupees” the words “three thousand rupees” shall be substituted. 24. Section 263A For the words “two hundred rupees” the words “six hundred rupees” shall be substituted. 25. Section 272 For the words “one thousand rupees” the words “three thousand rupees” shall be substituted. 26. Section 273 For the words “one thousand rupees” the words “three thousand rupees” shall be substituted. 27. Section 274 For the words “one thousand rupees” the words “three thousand rupees” shall be substituted. 28. Section 275 For the words “one thousand rupees” the words “three thousand rupees” shall be substituted. 29. Section 276 For the words “one thousand rupees” the words “three thousand rupees” shall be substituted. 30. Section 277 For the words “five hundred rupees” the words “one thousand five hundred rupees” shall be substituted. 31. Section 278 For the words “five hundred rupees” the words “one thousand five hundred rupees” shall be substituted. 32. Section 279 For the words “one thousand rupees” the words “three thousand rupees” shall be substituted. 33. Section 280 For the words “one thousand rupees” the words “three thousand rupees” shall be substituted. 34. Section 282 For the words “one thousand rupees” the words “three thousand rupees” shall be substituted. 35. Section 283 For the words “two hundred rupees” the words “six hundred rupees” shall be

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CODE OF CRIMINAL PROCEDURE , 1898

PART I PRELIMINARY CHAPTER-1 Short title and Commencement: Extent. (Repealed) References to Code of Criminal Procedure and other repeated enactments. Expressions in former Acts. Definitions. Words referring to acts Words to have same meaning as in Pakistan Penal Code. Trial of offences under Penal Code. Trial of offences against other laws PART II CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES CHAPTER II OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES Classes of Criminal Courts Classes of Criminal Courts and Magistrates. Territorial Divisions Sessions divisions and districts. Power to alter divisions and districts. Existing divisions and districts maintained till altered. Power to divide districts into subdivisions. Existing sub-divisions districts maintained. C—Courts and offices Court of Session. District Magistrates. Officers temporarily succeeding to vacancies in office of District Magistrate. Subordinate Magistrates. Local limits of their jurisdiction. Power to put [Executive Magistrate] in charge of sub-divisions Delegation of powers to District Magistrate. Special Judicial and Executive Magistrates. Benches of Magistrates, Powers exercisable by Bench in absence of special direction. Power to frame rules for guidance of Benches. Subordination of Judicial Magistrates and Benches to Sessions Judge. Subordination of Executive Magistrates to District Magistrate. Subordination of Executive Magistrates to Sub- Divisional Magistrate. Subordination of Assistant Sessions Judges to Sessions Judge D.—Courts of Presidency Magistrates 18-21 [Omitted]. E.—Justices of the Peace Justice-of the peace for the mufassil. Punjab Amendment Appointment of Justices of the Peace. 22-A. Powers of Justices of the Peace. 22-B. Duties of Justices of the Peace. 23-24. [Repealed]. Ex-Officio Justices of the Peace. F.—-Suspension and Removal 26-27 [Repeated]. CHAPTER III POWERS OF COURTS A—Description of offences cognizable by each Court Offences under Penal code Offences tinder other laws. 29-A. [emitted], 29-B. Jurisdiction in the cases of juveniles. Offences not punishable with death. Sentences which may be passed by Courts of various Classes. Sentences which High Court and Sessions Judges may pass. Sentences which Magistrates may pass. Power of Magistrates to sentence to imprisonment in default of fine. Higher powers of certain District Magistrates. 34-A. [Omitted]. Sentence in case of conviction of several offences at one trial. Maximum term of punishment —Ordinary and Additional Powers Ordinary powers of Magistrates. . Additional powers Conferrable on Magistrates. Control of District Magistrate’s investing power. D.—Conferment, Continuance and Cancellation of Powers Mode of conferring powers. Powers of officers appointed. Powers may be cancelled. PART III GENERAL PROVISIONS CHAPTER IV OF AID AND INFORMATION TO THE MAGISTRATES, THE POLICE AND PERSONS MAKING ARRESTS Public when to assist Magistrate and Police. Aid to person, other than police officer, executing warrant. Public to give information of certain offences. Villageheadman, accountants, landholders and others bound to report certain matters. Appointment of village headmen by District Magistrate or Sub-Divisional, Magistrate in certain cases for purposes of this section. CHAPTER V OF ARREST, ESCAPE AND RETAKING A.—Arrest generally Arrest how made. . Resisting endeavour to arrest. Search of place entered by person sought to be arrested. Procedure where ingress not obtainable. Breaking open zenana. Power to break open doors and windows for purposes of liberation. No unnecessary restraint. Search of arrested persons. Mode of searching women. Power to seize offensive weapons. B.–Arrest without Warrant When police may arrest without warrant. Arrest of vagabonds, habitual robbers, etc. Procedure when police-officer deputes subordinate to arrest without warrant. Refusal to give name and residence. Pursuit of offenders into other jurisdiction. Arrest by private persons and procedure on such arrest. Person arrested to be taken before Magistrate or officer incharge of police-station. Persons arrested not to be detained more than twenty-four hours. Police to report apprehensions. Discharge of person apprehended. 64: Offence committed in Magistrate’s presence. Arrest by or in presence of Magistrate. Power, on escape, to pursue and retake. Provisions of Sections 47, 48 and 49 to apply to arrest under Section 66. CHAPTER VI OF PROCESSES To COMPEL APPEARANCE A —Summons Form of summons. Summons by whom served. Summons how served. Signature of receipt for summons. Service when person summoned cannot be found. Procedure when service cannot be effected as before provided. Service on servant of State or of Railway Company. Service of summons outside local limits. Proof of service in such cases and when serving officer not present. B:— Warrant of Arrest Form of warrant of arrest. Continuance of warrant of arrest. Court may direct security to be taken. Recognizance to be forwarded. Warrants to whom directed Warrants to several persons. Warrant may be directed to landholders, etc. Warrant directed to police officer. Notification of substance of warrant. Person arrested to be bought before Court without delay. Where warrant may be executed. Warrant forwarded for execution outside / jurisdiction. Warrant directed to police officer for execution outside jurisdiction. Procedure on arrest of person against whom warrant issued. Procedure by Magistrate before whom person arrested is brought. 86-A. Procedure for removal in custody to Tribal Areas. C.—Proclamation and Attachment Proclamation for person absconding. Attachment of property of person absconding. Restoration of attached property. D.—Other Rules regarding Processes Issue of warrant in lieu of or in addition to summons. Power to take bond for appearance. Arrest by breach of bond for appearance. Provisions of this Chapter general applicable to summons and warrants of arrest.- E— Special Rules regarding processes issued for service or execution outside Pakistan and processes received from outside Pakistan for service or execution within Pakistan 93-A. Sending of summons for service outside Pakistan. 93-B. Sending of warrants for execution outside Pakistan. 93-C. Service and execution in Pakistan of processes received from outside Pakistan. CHAPTER VII OF PROCESSES TO COMPELL THE PRODUCTION OF DOCUMENTS AND OTHER MOVABLE PPORERTYAND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED A.—Summons to produce Summons to produce document or other thing. Procedure as to letters and telegrams. B-Search-warrants When search warrant may be issued. Power to restrict warrant. Search of house suspected to contain stolen property, forged documents, etc. Disposal of things found in search beyond, jurisdiction. 99-A. Power to declare certain publications & forfeited and to issue search-warrants for the same, 99-B. Application to High Court to set aside order of forfeiture. 99-C.

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State Cannot Curtail Free Speech Under the Guise of Mutiny and Inciting Enmity etc, Using Criminal Law. SC

State Cannot Curtail Free Speech Under the Guise of Mutiny and Inciting Enmity etc, Using Criminal Law: SC The Supreme Court has given a significant judgment in case titled, Ammad Yousaf   versus the State and another (Crl. Petition No. 225 of 2023) wherein the Court has held that freedom of expression and right to information are two fundamental rights available to every citizens which cannot be restricted except as provided by law. In this case, the petitioner and the main accused were said to be committed mutiny in a TV program. It was also alleged that they had tried to incite and promote enmity in the rank and file of the armed forces, which is a serious crime under the Pakistan Penal Code.  This case was lodged by the Islamabad administration on the direction of the Secretary of the Ministry of Interior. The Court noted that the more and manner in which the case was lodged is not in accordance with the procedural law. The case appeared to the Court to be politically motived, and false and frivolous one. Hence, the Court allowed the CPLA and ruled that such false and frivolous cases foster fear and anxiety in the society. They creates a hostile environment for media as well, which is a means to impart information and express opinion. This practice, if allowed, will tantamount to curtailing fundamental rights of the citizens by the government. Click to Download 

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The Question of Limitation does not Arise if a Court Grants Time to Deposit Court Fee: SC

Time Period For Court Fee and Question of Limitation:  Most of the cases require the litigants to deposit court fee before for filling a suit or writ etc. The Court Fee varies from cases to case, but it is mandatory to deposit it when the law says so. The courts should usually order to deposit the court fee on the first day, but section 149 of the CPC gives some relaxation to the parties and discretion to the courts to grant more time to the parties to deposit the fee at a later stage. This is a procedural provision of the CPC. The Supreme Court has recently decided a case, Civil Petition No.609 of 2020, in this background and has held that once the court permits a party or grant that party some time to deposit court fee, limitation stops to run. Question of limitation does not arise in such a situation. When the same is paid, it will be considered as if it were paid on the first day. The was hearing the said case against a judgment of a High Court wherein the HC had dismissed the case of the Petitioner as being time bared due not depositing the court fee. The Court has held that this is a procedural provision and it is settled law that procedure is not meant to thwart or halt the justice. It is only meant to run the legal proceedings smoothly and with certainty. The courts are bound to impart substantial justice to the society and is a procedural provision comes in the way of justice, it should be interpreted and exercised as such which can help in imparting justice not in thwarting the same. Click to Download   

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The Courts Shall No More be Dependent On Executive For Security. There Should be Independent Marshals of the Courts

The Constitutional Command of Independence of Judiciary Requires That Courts Shall not be Dependent on Executive for Security: The Supreme Court in a recent judgment, Criminal Appeal No.633 of 2019, has emphasized that the Independence of judiciary is the constitutional command and it shall be actualized in all facets. The security of judges is not an internal function of the judiciary in Pakistan, rather it is dependent on the executive and police institution which undermines the independence of the judiciary. The Court has observed so in the background of the case at hand where the Assistant Commissioner at district Kalat illegally arrested the Qazi/Civil Judge in order to take revenge from him. The judge was arrested on the complaint of a woman, whose case was pending before the judge, wherein she alleged that the judge had forced her for illicit relationship. After the arrest of the judge by the Assistant Commissioner, the matter was brought up in the knowledge of the Sessions Judge who wrote an application to the Registrar of the Baluchistan High Court. The same application converted into a writ petition by the Chief Justice and a committee was constituted to enquire into the matter. The committee found that the very judge had issued arrest warrant of the Assistant Commissioner in a case pending before him. Having flared up on the order of the judge, the AC set a trap to avenge and approached the woman to develop illicit relationship with the judge which was later on used against the judge. The judge resigned later on but a contempt proceeding was initiated against the AC under the Contempt of Court Act, 2003. The BHC punished the AC with imprisonment till the  end of the court proceeding and fined him of PKR 5000/ as well. The AC challenged the said order in the Supreme Court. The SC maintained the order of the BHC and emphatically observed that independence of the judiciary shall be saved from the intrusion of the executive. It has been seen that district police withdraws the security of judge who pass orders against the police officials or district management. This practice undermines the independence of the judiciary.  The Court further observed that it is the people’s confidence reposed in the judiciary which is the real strength and power of the judiciary. The law of contempt is primarily intended to protect the very trust and confidence of the people reposed in judiciary. In this background the Supreme Court directed the High Courts to take up this matter with the respective provincial governments and devise a scheme to have their own security force/personals. Click to Download 

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