Updated: Thursday November 28, 2019/AlKhamis Rabi' Thani 01, 1441/Bruhaspathivara Agrahayana 07, 1941, at 10:20:48 PM
The
1ACT XXXIX OF 1952
[13th, 1952]
An Act to consolidate and
amend the law relating to the Pakistan Army.
WHEREAS it is expedient to
consolidate and amend the law relating to the Pakistan Army; It is hereby
enacted as follows:---
CHAPTER I.___PRELIMINARY
1. Short title and
commencement.___(1) This Act may be called the Pakistan
Army Act, 1952.
(2) It shall come into
force on such date2 as
the 3[Federal
Government] may, by notification in the Official Gazette, appoint in this
behalf.
1 For Statement of Object and
Reasons, see Gaz. of P., (1951 Pt. V, dated the 23rd November
1951, P. 71; and for Report of Select Committee, see ibid. 1952. Ext., pp.
347-400.
The Act has been extended to
It has been extended to the Baluchistan States Union by the
Baluchistan States
The Act has been and shall be deemed always to have been applied
to Baluchistan and the Federated Areas of Baluchistan with effect from the 1st April,
1955, see Gaz. of P., 1955, see Gaz. of P., 1955. Pt. I p. 204.
The Act has been extended to the whole of
The Act has been and shall be deemed to have been brought into
force in Gwadur with effect from the 8th September, 1958, by
the Gwadur (Application of Central Laws) Ordinance, 1960 (37 of 1960), s. 2.
The Act, rules, notifins, and orders made under it, have been
applied to the Tribal Areas or to the part of those areas to which they have
not been already applied, see the Tribal Areas (Application of Acts) Reason
1965. Gaz. of P. 1965., Ext., pp 1016-1018.
The Provisions of this Act and rules made thereunder have been
applied in their application to non-commissioned officer and men of the
2 The 1st day of
April, 1955, see Gaz. of P., 1955, Ext. p. 389.
3 Subs. by the
2. Persons subject to
the Act.___(1) The following persons shall be subject
to this Act, namely:---
(a) officers, junior commissioned officers and warrant officers
of the Pakistan Army;
1[(b) persons enrolled under The Indian Army Act, 1911,
before the date notified in pursuance of sub-section (2) of section 1, and
serving with the Pakistan Army immediately before that date, and persons enrolled
under this Act;]
2[(bb) persons subject to the 3[Pakistan
Navy Ordinance, 1961], or the Pakistan Air Force Act, 1953, when seconded for
service with the Pakistan Army, to such extent and subject to such regulations
as the4[Federal
Government] may direct;]
(c) persons not otherwise subject to this Act, who, on active
service, in camp, on the march, or at any frontier post specified by the 4[Federal
Government] by notification in this behalf, are employed by, or are in the
service of or are followers of, or accompany any portion of the Pakistan
Army 5[;]
5[(d) persons not otherwise subject to this Act who are
accused of__
(i) seducing or attempting to seduce any person subject to this
Act from his duty or allegiance to Government, or
1 Subs. by the
2 Clause (bb) ins. by ibid.
3Subs. by the Repealing and Amending
Ordinance, 1965 (10 of 1965), s. 3, and 2nd Sch., for “
4Subs. by the
5 Subs. and added by the Defence
Services Laws Amendment Ordinance, 1967 (3 of 1967), s. 2.
(ii) having committed, in relation to any work of defence,
arsenal, naval, military or air force establishment or station, ship or
aircraft or otherwise in relation to the naval, military or air fore affairs of
Pakistan, an offence under the Official Secrets Act, 1923 1[02]
1["(iii) claiming or are known to belong to
any terrorist group or organization using the name of religion or a sect; and
(a) raise arms or wage war against Pakistan, or attack the Armed
Forces of Pakistan or law enforcement agencies, or attack any civil or military
installations in Pakistan; or
(b) abduct any person for ransom, or cause death of any person
or injury; or
(c) posses, store, fabricate or transport the explosives, fire
arms, instrument, articles, suicide jackets; or
(d) use or design vehicles for terrorist acts;
or
(e) provide or receive funding from any foreign or local source
for the illegal activities under this clause; or
(f) act to over-awe the state or any section of the public or
sect or religious minority; or
(g) create terror or insecurity in
(iv) claiming or are known to belong to any terrorist
group or organization using the name of religion or a sect and raise arms or
wage war against Pakistan, commit an offence mentioned at serial No. (i), (ii),
(iii),(v),(vi), (vii), (viii), (ix), (x), (xi), (xii), (xii), (xv), (xvi),
(xvii) and (xx) in the Schedule to the Protection of Pakistan Act, 2014 (X of
2014).
Provided that any person
who is alleged to have abetted, aided or conspired in the commission of any
offence falling under sub-clause (iii) or sub-clause (iv) shall be tired under
this Act wherever he may have committed that offences:
Provided further that no
person accused of an offence falling under sub-clause (iii) or sub-clause (iv)
shall be prosecuted without the prior sanction of the Federal Government.
Explanation: In this clause
in the expression ‘sect’ means a sect of religion and does not include any
religious or political party regulated under the Political Parties order,
2002"].
1Ins. & added by Act, II of 2015,s.2.
1[(e) persons not otherwise subject to this Act who
belonged to the former East Pakistan Civil Armed Forces and were repatriated to
Pakistan after the sixteenth day of December, 1971.]
(2) Every person subject to
this Act under clause (a) or clause (b) 1[or
clause (e)]of sub-section (1) shall remain so subject until duly retired,
released, discharged, removed or dismissed from the service.
2[(3) Every person subject to this Act
under clause (bb) of sub-section (1) shall remain so subject during the period
of his secondment to the Pakistan Army.]
3["(4) The Federal Government shall
have the power to transfer any proceedings in respect of any person who is
accused of any offence falling under sub-clause (iii) or sub-clause (iv) of
clause (d) of sub-section (1), pending in any court for a trial under this Act.
(5) Any proceedings
transferred under sub-section (4) shall be deemed to have been instituted under
this Act.
(6) Where a case is
transferred under sub-section (4)it shall not be necessary to recall any
witness or again record any evidence that may have been recorded.”
4[2A. Secondment to Navy or Air
Force. The 5[Federal
Government] may by order in writing direct that any person 6*
* * 7[referred
to in clause (a), clause (b) or clause (e)] of sub-section (1) of section 2
shall, under such conditions as may be laid down by regulations, be seconded
for service with the Pakistan Navy or the Pakistan Air Force.]
8[2B. Secondment to other armed forces.___The Federal Government may by order
1 Subs. added and Ins. by the
2 New sub-section (3) added by the
3Ins. and added by Act II of 2015, s. 2.
4 Ins. ibid., s. 3.
5 Subs. by the Army (Amdt.) Act,
1973 (51 of 1973), s. 3, for “Central Government”.
6 The words “belonging to the Army
Medical Corps and” omitted by the
7Subs. by the Defence Service laws
(Amdt.) Ordinance, 1967 (3 of 1967),s.2 for “subject to this Act otherwise the
under clause (abb)”.
8 Ins. by Act 73 of 1975, s. 3.
in writing direct that any person referred
to in clause (a) of sub-section (1) of section 2, other than a junior
commissioned officer or warrant officer, shall, under such conditions as may be
laid down by regulations, be seconded for service with any other armed forces
raised or maintained by the Federal Government, including civil armed forces.]
3. Special provision as
to rank in certain cases.___(1) The 1[Federal
Government] may, by notification, direct that any person or class of persons
subject to this Act under clause (c) 2[or
clause (d)] of sub-section (1) of section 2 shall be so subject as officers,
junior commissioned officers, warrant officers or non‑commissioned
officers, and may authorise any officer to give a like direction with respect to
any such person or to cancel such direction.
(2) All persons subject to
this Act other than officers, junior commissioned officers, warrant officers
or non‑commissioned officers shall, if they are not persons in respect
whom a notification or direction under sub-section (1) is in force, be deemed
to be of a rank inferior to that of a non‑commissioned officer.
4. Commanding officer of
certain persons subject to the Act. Every person subject to the Act under clause (c) of
sub-section (1) of section 2 shall, for the purposes of this Act, be deemed to
be under the command of the commanding officer of the corps, unit or detachment
(if any) to which he is attached, and if he is not so attached, then he shall
be under the command of any officer who may for the time being be named as his
commanding officer by the officer commanding the force with which such person
may for the time being be serving, or if no such officer is named, under the
command of the said officer commanding the force:
Provided that an officer commanding
a force shall not place a person under the command of an officer of rank
inferior to that of such persons, if there
1 Subs. by the
2 Ins. by the
is present at the place where such person is any officer of a
higher rank under whose command he can be placed.
5. Powers to apply Act
to certain forces under the 1[Federal] Government.___(1) The 1[Federal
Government] may, by notification, apply all or any provisions of this Act to
any force raised and maintained in Pakistan under the authority of the 1[Federal
Government 2[or
a Provincial Government]].
(2) On such notification
being made any provisions of this Act so applied shall have effect in respect
of persons belonging to any such force as they have effect in respect of person
subject to this Act holding in the Pakistan Army the same rank as or equivalent
to that which the aforesaid persons hold for the time being in the said force;
and shall have effect in respect of persons who are employed by, or are in the
service of, or are followers of, or accompany any portion of any such force as
they have effect in respect of persons subject to this Act under clause (c) of
subsection (1) of section 2.
(3) While any of the
provisions of this Act apply to any such force, the 1[Federal
Government] may, by notification, direct by what authority any jurisdiction,
powers or duties incident to the operation of these provisions shall be
exercised or performed in respect of that force, and may suspend the operation
of any other enactment for the time being applicable to that force.
6. Application of Act to
States forces by Order of the President. The 3[President]
may by order apply all or any provisions of this Act to any Land Forces of an
7. Power to declare
persons to be on active service. Notwithstanding anything contained in clause (1) of section 8,
the 1[Federal Government] may, by notification, direct that any person or class
1 Subs. by the
2 Added by the
3 Subs. by A.O., 1961, Art. 2 and
Sch., for “Governor-General” (with effect from the 23rd March,
1956).
of persons subject to this Act shall, with reference to any area
in which he may be serving or with reference to all or any of the provisions of
this Act or of any other law for the time being in force, he deemed to be on
active service within the meaning of this Act.
8. Definitions. In this Act, unless the context otherwise
requires,---
(1) “active service”, as applied to a person subject to this
Act, means the time during which such person is attached to, or forms part of a
force which is engaged in operation against an enemy, or is engaged in military
operations in, or is on the line of march to, a country or place wholly or
partly occupied by an enemy, or is attached to or forms part of a force which
is in military occupation of a foreign country;
1[(2) “Chief of the Army Staff” means the officer
commanding the Pakistan Army;
(3) “Civil offence” means an offence which, if committed in
(4) “Commanding Officer” means:---
(i) when used in any provision of this Act with reference to any
separate portion of the Pakistan Army, the officer whose duty it is under the
regulations of the Pakistan Army, or in the absence of such regulations by the
custom of the service, to discharge with respect to that portion, the functions
of the commanding officer, 2*
(ii) when used in relation to a person subject to this
Act, the officer for the time being in command of any separate portion of the
Pakistan Army
1 Subs. by the
2 Omitted by the
1[or of any unit of a force] to which such
person belongs or is attached 2[;
and]
3[(iii) when used in relation to a person subject to this Act
under clause (d) of sub-section (1) of section 2, any staff officer of General
Headquarters or a formation Headquarters or an officer, not below the rank of
field officer, within whose jurisdiction the offence is alleged to have been
committed or the person who is alleged to have committed it resides or is
found.]
(5) “corps” means any separate body of the Pakistan Army 1[or
of any force] which is prescribed as a corps for the purposes of all or any of
the provisions of this Act;
(6) “Court martial” means a Court martial held
under this Act;
(7) “Criminal Court” means a court of ordinary criminal justice
in
(8) “enemy” includes all armed mutineers, armed rebels, armed
rioters, pirates and any person in arms against whom it is the duty of any
person subject to this Act to act;
5[(8a) “Islamic law” means a law relating to the enforcement
of Hudood;]
(9) “junior commissioned officer” means a
person commissioned, gazetted or in pay as a junior commissioned officer in the
1 Ins. by the
2 Subs. by the
3 Added ibid., s. 2.
4 Subs. ibid., s. 3, for “Central
Government”.
5 Ins. by the
1[(9a) “military custody” means the arrest or confinement of
a person according to the usage of the service and includes naval or air force
custody;
(9b) “military reward” includes any gratuity or annuity
for long service or good conduct, any good service pay or pension, and any
other military pecuniary award;]
(10) “non‑commissioned officer” means a persons
attested under this Act who holds a non‑commissioned rank in the Pakistan
Army 2[and
includes an active non-commissioned officer];
(1l) “offence” means any act or omission punishable under
this Act and includes a civil offence as hereinbefore defined;
3[(12) “officer” means a person, other than a junior
commissioned officer, commissioned, gazetted or in pay as an officer of the
Pakistan Army and includes, in relation to a person subject to this Act when
serving under such conditions as may be prescribed, an officer of the Pakistan
Navy and an officer of the Pakistan Air Force,].
(l3) “prescribed” means prescribed by rules made under
this Act;
(14) “service” when used in relation to an institution,
necessaries, books, band, mess, money, goods or other property means an
institution, necessaries, books, band, mess, money, goods or other property
belonging to, or connected with, the Pakistan Army or any unit or part thereof;
1New clauses (9a) and (9b) ins. by the
2 Added, ibid.
3 Subs. by the
(15) “superior officer” when used in relation
to a person subject to this Act, 1[includes
a junior commissioned officer, a warrant officer] or a non‑commissioned
officer; and, as regards persons placed under his orders, an officer, warrant
officer, petty officer or non‑commissioned officer of the Pakistan Navy
or Air Force;
(16) “warrant officer” means a person appointed, gazetted
or in pay as a warrant officer of the Pakistan Army 2[;]
3[(17) All words and expressions used but not defined in
this Act and defined in the Pakistan Penal Code (XLV of 1860) 4[or
in any Islamic Law] shall be deemed to have the meanings assigned to them in
that Code 4[or,
as the case may be, that law].
CHAPTER II.___ APPOINTMENT,
ENROLEMENT AND ATTESTATION
9. Appointment to
warrant rank. The 5[President]
may appoint any person as warrant officer.
9.A. [Administration of oath to warrant
officers. (Omitted by the
10. Ineligibility of
aliens for service in the Army. No person who is not a citizen of
1 Subs. by the
2 Subs. ibid, for full-stop.
3 New clause (17) added ibid.
4 Ins. and added by the
5 Subs. by A.O., 1961, Art. 2, for
“Governor-General” (with effect from the 23rd March, 1956).
6 Subs. by the
11. Procedure before
enrolling officer. Upon
the appearance before the prescribed enrolling officer of any person desirous
of being enrolled, the enrolling officer shall read and explain to him, or
.cause to be read and explained to him in his presence, the conditions of the
service for which he is enrolled and shall put to him the questions set forth
in the prescribed form of enrolment and shall, after having cautioned him that
if he makes a false answer to any such question he will be liable to punishment
under this Act, record or cause to be recorded his answer to each such
question.
12. Enrolment. If, after complying with the provisions of
section 11, the enrolling officer is satisfied that the person desirous of
being enrolled understands the questions put to him and consents to the
conditions of service, and if the enrolling officer perceives no impediment, he
shall sign and also cause such person to sign the enrolment paper and the
person shall thereupon be deemed to be enrolled.
13. Presumption of
validity of enrolment in certain cases. Every person who has for the space of three months been in
receipt of military pay as a person enrolled under this Act and been borne on the
rolls of any corps or unit of the Pakistan Army shall be deemed to have been
duly enrolled and shall not be entitled to claim his discharge on the ground of
any irregularity or illegality in his enrolment or on any other ground
whatsoever, and if any person, in receipt of such pay and borne on the rolls as
aforesaid claim his discharge before the expiry of three months from his
enrolment, no such irregularity or illegality or other ground shall, until he
is discharged in pursuance of his claim, affect his position as a person
enrolled under this Act or invalidate any proceedings, act or thing taken or
done prior to his discharge.
14. Persons to be
attested. The
following persons shall be attested, namely:---
(a) all persons enrolled as combatants;
(b) all persons selected to hold a non‑commissioned or
acting non-commissioned rank;
(c) all other enrolled persons prescribed by the 1[Federal
Government].
15. Mode of attestation.___(1) When a person who is to be attested is
reported fit for duty, or has completed the prescribed period of probation, an
oath or affirmation shall be administered to him in the prescribed form by his
commanding officer, in front of his corps or unit or such portion thereof as
may be present, or by any other prescribed person 2[:]
2[Provided that, if the person to be
attested is a Muslim, this section shall have effect as if reference therein to
affirmation were omitted.];
3[(2) The form of oath or affirmation
prescribed under this section shall contain a promise that the person to be
attested will bear true faith and allegiance to Pakistan and uphold the
Constitution of the Islamic Republic of Pakistan which embodies the will of the
people, that he will not engage himself in any political activities whatsoever
and that he will honestly and faithfully serve Pakistan in the Pakistan Army as
required by or under the law, and that he will obey all commands of any officer
set over him, even to the peril of his life.]
(3) The fact that an
enrolled person has taken the oath or affirmation directed by this section
shall be entered on his enrolment paper, and authenticated by the signature of
the officer administering the oath or affirmation.
15A.___[Fresh oath to certain persons].
[Omitted by the
1 Subs. by the
2Subs. and added by the
3 Subs. F.A.O. 1975, Art. 2, and
Sch, for sub-section 2 and 3.
CHAPTER III.___TERMINATION
OF SERVICE
16. Dismissal or removal
by Federal Government. The 1[Federal
Government] may dismiss or remove from the service any person subject to this
Act.
17. Dismissal or removal
by 2[Chief
of the Army Staff] or other authorised officer.___(1) The 2[Chief
of the Army Staff] may dismiss or remove from the service any junior
commissioned officer, or warrant officer, or any person enrolled under this
Act.
(2) An officer having
power 3[to
convene a district court martial or an officer not below the rank of
lieutenant-colonel] empowered by the 2[Chief
of the Army Staff] in this behalf may dismiss or remove from the service any
person enrolled under this Act who may be serving under his command.
18. Retirement, release,
or discharge. The
prescribed authority may, in conformity with such rules as may be prescribed in
this behalf, retire, release or discharge from the service any person subject
to this Act.
19. Certificate on
termination of service. Every junior commissioned officer, warrant officer, or person
enrolled under this Act, who is dismissed, removed, retired, released or
discharged from the service shall be furnished by his commanding officer with a
certificate in the English language or such other language as he understands,
setting forth,---
(a) the authority who terminates his service;
(b) the cause for such termination;
(c) the full period of his service in the Pakistan Army.
20. Discharge or
dismissal when out of
1 Subs. by the
2 Subs. by F.A.O., 1975 Art. 2 and
Sch., for “Command-in-Chief”.
3 Subs. by the
discharged, or whose discharge is ordered
by competent authority, and who, when he is so entitled or ordered to be
discharged, is serving out of Pakistan, and requests to be sent to Pakistan,
shall, before being discharged, be sent to Pakistan with all convenient speed.
(2) Any person subject to
this Act who is dismissed from the service and who, when he is so dismissed is
serving out of
(3) When any such person as
is mentioned in subsection (2) is sentenced to dismissal combined with any
other punishment, such other punishment, or in the case of a sentence of 1[Imprisonment
for life or for a shorter term] a portion of such sentence may be inflicted
before he is sent to Pakistan.
Explanation.____For the purposes of this section, the word
“discharge” shall include retirement or release, and the word “dismissal” shall
include removal.
CHAPTER IV.___ SUMMARY REDUCTION AND
PUNISHMENT OTHERWISE THAN BY SENTENCE OF COURT MARTIAL.
21. Reduction of warrant
officers and non‑commissioned officers.___(1)
The 2[Chief
of the Army Staff] may reduce to a lower grade or class any warrant officer.
(2) The 2[Chief
of the Army Staff] or 3[an
officer having power to convene a district court martial or an officer not
below the rank of lieutenant-colonel empowered by the 2[Chief
of the Army Staff] in this behalf] may reduce to a lower grade or rank or to
1 Subs. by the
2 Subs. by F.A.O., 1975 Art. 2 and
Sch., for “Commander-in-Chief”.
3Subs. by the
the ranks any non-commissioned officer who
may be serving under his command.
22. Reversion of an
acting non‑commissioned officer. The commanding officer of an acting non‑commissioned
officer may order him to revert to his permanent grade as a non‑commissioned
officer or, if he has no permanent grade above the ranks, to the ranks.
23. Minor punishments.____(l) The 1[Federal
Government] may, on the recommendation of the 2[Chief
of the Army Staff] prescribe the minor punishments to which persons subject to
this Act shall be liable without the intervention of court martial, and the
officer by whom, and the extent to which, such minor punishments may be
awarded.
(2) Detention, or rigorous
imprisonment in military custody, and, in the case of persons subject to this
Act on active service, any prescribed field punishment may be specified as
minor punishments;
Provided that,---
(a) the term of such detention, rigorous imprisonment or field
punishment shall not exceed twenty‑eight days, and
(b) such detention, rigorous imprisonment or field punishment
shall not be awarded to any person who is of or above the rank of noncommissioned
officer, or who, when he committed the offence in respect of which it is awarded,
was of or above such rank.
1 Subs. by the
2 Subs. by the F.A.O., 1975 Art, 2
and Sch., for “Commander-in-Chief”.
CHAPTER V.___OFFENCES
24. Offences in relation
to enemy and punishable with death. Any person subject to this Act who commits any of the
following offences, that is to say,---
(a) shamefully abandons or delivers up any
garrison, fortress, airfield, place, post or guard committed to his charge or
which it is his duty to defend, or uses any means to compel or induce any
commanding officer or other person to do any of the said acts; or
(b) in the presence of any enemy, shamefully casts away his
arms, ammunition, tools or equipment, or misbehaves in such manner as to show
cowardice; or
(c) intentionally uses words or any other means to compel or
induce any person subject to this Act, 1*
* *2[or
to the Pakistan Air Force Act, 1953 (VI of 1953),] or to the 3[Pakistan
Navy Ordinance, 1961 (XXXV of 1961)], to abstain from acting against the enemy or
to discourage such person from acting against the enemy; or
(d) directly or indirectly, treacherously holds correspondence
with, or communicates intelligence to, the enemy or who coming to the knowledge
of such correspondence or communication treacherously omits to discover it to
his commanding or other superior officer; or
(e) directly or indirectly assists or relieves the enemy with
arms, ammunition, equipment, supplies or money, or knowingly harbours or
protects an enemy not being a prisoner; or
1 Omitted by the Federal Laws
(Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3, and Sch. 2.
2 Ins. by the Central Laws (Statute
Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with
effect from the 14th October, 1955).
3 Subs. by the
(f) treacherously or through cowardice sends a flag of truce to
the enemy; or
(g) in time of war, or during any operation, intentionally
occasions a false alarm in action, camp, garrison or quarters or spreads
reports Calculated to create alarm or despondency; or
(h) in time of action, leaves his commanding officer, or quits
his post, guard, picquet patrol or party without being regularly relieved or
without leave; or
(i) having been made a prisoner of war, voluntarily serves with
or aids the enemy; or
(j) knowingly does when on active service any act calculated to
imperil the success of the
shall on conviction by Court martial, be punished with ‘death or
with such less punishment as is in this Act mentioned.
25. Offences in relation
to the enemy and not punishable with death. Any person subject to this Act who, on active service,---
(a) without orders from his superior officer leaves ranks in
order to secure prisoners, animals or materials, or on pretence of taking
wounded men to the rear; or
(b) without orders from his superior officer, wilfully destroys
or damages any property; or
(c) is taken prisoner for want of due precaution or through
disobedience of orders or wilful neglect of duty, or, having been taken
prisoner, fails to rejoin his service when able to do so; or
(d) without due authority, either holds correspondence with, or
communicates intelligence, or sends a flag of truce, to the enemy; or
(e) by word of mouth, or in writing, or by signals, or otherwise
spreads reports calculated to create alarm or despondency; or
(f) in action or previously to going into action, uses words
calculated to create alarm or despondency;
shall, on conviction by Court martial, be punished with rigorous
imprisonment for a term which may extend to fourteen years, or with such less
punishment as is in this Act mentioned.
26. Disclosure of parole
or watchword. Any person
subject to this Act who,---
(a) treacherously makes known the parole, watchword or countersign
to any person not entitled to receive it, or
(b) treacherously gives a parole, watchword or countersign
different from what he received,
shall, on conviction by Court martial,
if he commits the offence
on active service, be punished with death, or with such less punishment as is
in this Act mentioned, and
1[if he commits such offence not on active
service], be punished with rigorous imprisonment for a term which may extend to
five years, or with such less punishment as is in this Act mentioned.
27. Offences against
property or persons of inhabitant of country where serving. Any person subject to this Act who, on
active service, commits any offence against the property or person of any
inhabitant of, or resident in, the country in which he is serving shall, on
conviction by Court martial, be punished with rigorous imprisonment for a term
which may extend to fourteen years, or with such less punishment as is in this
Act mentioned.
1 Subs. by the
28. Offences relating to
sentries. Any person
subject to this Act who commits any of the following offences, that is to say,---
(a) being a sentry, sleeps or is intoxicated on his post or
quits it without leave; or
(b) being a sentry, or on guard, plunders, or wilfully destroys,
or injures, any property placed under his charge or under charge of his guard;
or
(c) strickes, or force or attempts to force any sentry or
safeguard; or
(d) without orders from his superior officer, leaves his guard,
picquet, patrol or post;
shall, on conviction by court martial,
if he commits such offence
on active service, be punished with rigorous imprisonment which may extend to
fourteen years or with such less punishment as is in this Act mentioned; and
if he commits such offence
not on active service, be punished with rigorous imprisonment for a term which
may extend to five years or with such less punishment as is in this Act
mentioned.
29. House breaking,
false alarms, unauthorised disclosures, punishable more severely on active
service than at other times. Any person subject to this Act who,---
(a) breaks into any house or other place in search of plunder;
or
(b) by any means whatever, intentionally occasions a false alarm;
or
(c) without due authority, either verbally or in writing or by
signals or otherwise discloses the number or position of any of the
shall, on conviction, by Court martial,
if he commits the offence
on active service, be punished with rigorous imprisonment for a term which may
extend to fourteen years, or with such less punishment as is in this Act
mentioned, or
if he commits the offence
not on active service, be punished with rigorous imprisonment for a term which
may extend to five years or with such less punishment as is in this Act
mentioned.
30. Other service
offences. Any person
subject to this Act who,---
(a) by any means whatever, negligently occasions a false
alarm; or
(b) makes known the parole, watchword, or countersign to any
person not entitled to receive it, or, without good and sufficient cause, gives
a watchword, parole or countersign different from what he received; or
(c) irregularly detains or appropriates to his own unit or
detachment any provisions or supplies proceeding to the forces, contrary to
orders issued in that respect;
shall, on conviction by Court martial, be punished with rigorous
imprisonment for a term which may extend to three years or with such less
punishment as is in this Act mentioned.
31. Mutiny and
insubordination. Any
person subject to this Act who commits any of the following offences, that is
to say,---
(a) begins, incites, causes, or conspires with any other person
to cause, or joins in, any mutiny in the military, naval or air forces of
Pakistan or any forces co‑operating therewith; or
(b) being present at any such mutiny, does not use his utmost
endeavours to suppress the same; or
(c) knowing or having reason to believe in the existence of any
such mutiny or any intention to commit such mutiny, or of any such conspiracy,
does not without reasonable delay give information thereof to his commanding or
other superior officer; or
(d) attempts to seduce any person in the military, naval or air
forces of
shall, on conviction by Court martial, be punished with death or
with such less punishment as is in this Act mentioned.
32. Offences in relation
to superior officers.___(1) Any person subject to this Act who
uses or attempts to use criminal force to, or commits an assault on, his
superior officer being in the execution of his office, knowing or having reason
to believe him to be such, shall, on conviction by Court martial, be punished
with rigorous imprisonment for a term which may extend to fourteen years, or
with such less punishment as is in this Act mentioned.
(2) Any person subject to
this Act who commits any of the following offences, that is to say,---
(a) uses or attempts to use criminal force to, or commits an
assault on, his superior officer, knowing or having reason to believe him to be
such; or
(b) is grossly insubordinate or insolent to his superior
officer, knowing or having reason to believe him to be such; or
(c) impedes a provost marshal or any person
lawfully acting on his behalf, or any member of the service police, or when
called upon, refuses to assist a provost marshal or any person lawfully acting
on his behalf or any member of the service police in the execution of his duty,
shall, on conviction by Court martial,
if he commits such offence
on active service, be punished with rigorous imprisonment for a term which may
extend to fourteen years, or with such less punishment as is in this Act
mentioned; and
if he commits such offence
not on active service, be punished with rigorous imprisonment for a term which
may extend to five years, or with such less punishment as is in this Act
mentioned.
Explanation.___For the purposes of subsection (2),
“provost marshal” shall be deemed to include a provost marshal or any of his
assistants appointed under 1*
* * the Pakistan Air Force Act, 1953 (VI of 1953), or the 2[Pakistan
Navy Ordinance, 1961 (XXXV of 1961)], and “service police” shall be deemed to
include members of the Air Force or the Naval Police, being persons subject to
the aforesaid Acts.
33. Disobedience of
lawful command.___(1) Any person subject to this Act who
disobeys in such a manner as to show a wilful defiance of authority a lawful
command given personally by his superior officer, knowing or having reason to
believe him to be such, shall, on conviction by Court martial, be punished with
rigorous imprisonment for a term which may extend to fourteen years, or with
such less punishment as is in this Act mentioned.
(2) Any person subject to
this Act who disobeys the lawful command of his superior officer, knowing or
having reason to believe him to be such, shall, on conviction by Court martial,
if he commits such offence
on active service, be punished with rigorous imprisonment for a term which may
extend to fourteen years, or with such less punishment as is in this Act
mentioned; and
1 Omitted by the Federal Laws
(Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch. II.
2 Subs. by the
if he commits such offence
not on active service, be punished with rigorous imprisonment for a term which
may extend to five years, or with such less punishment as is in this Act
mentioned.
34. Neglect to obey
orders.‑Any person
subject to this Act who neglects to obey any standing or routine or other
orders shall, on conviction by Court martial, be punished with rigorous
imprisonment for a term which may extend to two years, or with such less
punishment as is in this Act mentioned.
35. Insubordination and
obstruction. Any
person subject to this Act, who,---
(a) being concerned in any quarrel, affray or disorder, refuses
to obey any officer though of inferior rank, who orders him into arrest, or
uses criminal force to, or assaults any such officer; or
(b) uses criminal force to or assaults any person, whether
subject to this Act or not, in whose custody he is lawfully placed, and whether
he is or is not his superior officer; or
(c) resists an escort whose duty it is to apprehend him or to
have him in charge;
shall, on conviction by Court martial, be punished with rigorous
imprisonment for a term which may extend to two years or with such less
punishment as is in this Act mentioned.
36. Desertion and aiding
deserters.___ (1) Any person subject to this Act
who deserts or attempts to desert the service shall, on conviction by Court
martial.
if he commits the offence
when on active service or when under orders for active service, be punished
with death, or such less punishment as is in this Act mentioned; and
if he commits the offence
under any other circumstances, be punished 1[with
rigorous imprisonment for a term which may extend to five years] or with such
less punishment as is in this Act mentioned.
(2) Any person subject to
this Act who knowingly harbours any deserter from any of the military, naval or
air forces of
(3) any person subject to
this Act who, being cognizant of any desertion, or attempt at desertion, of any
person belonging to the military, naval or air forces of Pakistan, does not
forthwith give notice to his own or some other superior officer, or does not
take any steps in his power to cause such person to be apprehended, shall, on
conviction by Court martial, be punished with rigorous imprisonment for a term
which may extend to three years or with such less punishment as is in this Act
mentioned.
37. Absence
without leave. Any
person subject to this Act who,---
(a) absents himself without leave; or
(b) without sufficient cause overstays leave granted to him; or
(c) being on leave of absence and having received information
from proper authority that the corps or unit or detachment or portion of the
corps unit or detachment to which he belongs, has been ordered on active
service, fails; without sufficient cause, to rejoin without delay; or
(d) without sufficient cause fails to appear at the time fixed,
at the parade or place appointed for exercise or duty; or
1 Subs. by the
(e) when on parade, or on the line of march, without sufficient
cause 1[or]
without leave from his superior officer, quits the parade or line of march; or
(f) when in camp or garrison or elsewhere, is found beyond any
limits fixed, or in any place prohibited, by any standing or routine order
without a pass or written leave from his superior officer; or
(g) without leave from his superior officer or without
sufficient cause, absents himself from any school or other institution when
duly ordered to attend there;
shall, on conviction by Court martial, be punished with rigorous
imprisonment for a term which may extend to 2[three
years], or with such less punishment as is in this Act mentioned
38. Fraudulent
enrolment. Any
person subject to this Act who,---
(a) without having obtained a regular discharge from the corps
or unit to which he belongs, or without having otherwise fulfilled the
conditions enabling him to enroll or enter, enrolls himself in, or enters the
same or any other corps or unit or any part of the Pakistan Forces regular or non‑regular;
or
(b) is concerned in the enrolment in any of the Pakistan Forces,
regular or non‑regular, of any person whom he knows or has reason to
believe to be so circumstanced that by enrolling he commits an offence against
this Act 3*
* * 4[or
the Pakistan Air Force Act, 1953 (VI of 1953),] or the 5[Pakistan
Navy Ordinance, 1961 (XXXV of 1961)];
shall, on conviction by Court martial, be punished with rigorous
imprisonment for a term which may extend to five years, or with such less punishment
as is in this Act mentioned.
1 Subs. by the
2 Subs. by the
3 Omitted by the Federal Laws
(Revision and Declaration) Ordinance, 1981, (27 of 1981), s. 3, and Sch., 2.
4 Ins. by the Central Laws (Statute
Reform) Ordinance, 1960 (21 of 1960), s. 3, and 2nd Sch., (with
effect from the 14th October, 1965).
5 Subs. by the
39. False answers on
enrolment. Any
person having become subject to this Act by enrolment who is discovered to have
made at the time of his enrolment a wilfully false answer to any question set
forth in the prescribed form of enrolment which was put to him by the enrolling
officer before whom he appeared for the purpose of being enrolled shall, on
conviction by Court martial, be punished with rigorous imprisonment for a term
which may extend to five years or with such less punishment as is in this Act
mentioned.
40. Fraudulent offence
in respect of property. Any person subject to this Act who commits any of the following
offences, that is to say,---
(a) dishonestly misappropriates or commits theft of, or criminal
breach of trust in respect of any property belonging to the Government or any
service property or the property of any person subject to this Act, 1*
* * 2[or
the 3Pakistan
Air Force Act, 1953 (VI of 1953)] or to the Pakistan Navy Ordinance, 1961 (XXXV of 1961)], or of any person serving with or attached
to any of the armed forces of Pakistan; or
(b) dishonestly receives or retains any stolen property of the
nature specified in clause (a), knowing or having reason to believe the same to
be stolen; or
(c) is guilty of any other act or omission with intent to
defraud, or to cause wrongful gain or wrongful loss to any person;
shall, on conviction by Court martial, be punished with rigorous
imprisonment for a term which may extend to five years, or with such less
punishment as is in this Act mentioned.
1 Omitted by the Federal Laws
(Revision and Declaration) Ordinance, 1981, (27 of 1981), s. 3 and Sch. 2.
2 Ins. by the Central Laws (Statute
Reform) Ordinance, 1960 (21 of 1960), s. 3. and 2nd Sch (with
effect from 14th October, 1955).
3 Subs. by the
41. Certain forms of
disgraceful conduct. Any
person subject to this Act who commits any of the following offences this is to
say,---
(a) malingers or feigns or produces disease or infirmity in
himself, or intentionally delays his cure or aggravates his disease or
infirmity; or
(b) with intent to render himself or any other person subject to
this Act unfit for service, voluntarily causes hurt to himself or such other
person; or
(c) is guilty of any disgraceful conduct of a cruel indecent or
unnatural kind;
shall, on conviction by Court martial, be punished with rigorous
imprisonment for a term which may extend to ten years or with such less punishment
as is in this Act mentioned.
42. Illegal
gratification. Any
person subject to this Act who directly or indirectly accepts or obtains, or
agrees to accept, or attempts to obtain, from any person for himself or any
other person, any gratification whatever other than a legal remuneration, as a
motive or reward for doing or forbearing to do any act, or for showing favour
or disfavour to any person, in relation to any of the affairs of the State or
of any service affairs, shall, on conviction by Court martial, be punished with
rigorous imprisonment for a term which may extend to five years, or with such
less punishment as is in this Act mentioned.
43. Intoxication. Any person subject to this Act who commits
the following offence, that is to say, the offence of being in a state of
intoxication, shall, on conviction by Court martial,
if he commits such offence
on active service or while he is on duty, be punished with rigorous
imprisonment for a term which may extend to five years or with such less
punishment as is in this Act mentioned; and
1[if he commits such offence while not on
active service or not on duty be punished with rigorous imprisonment for a term
which may extend to three years or with such less punishment as is in this Act
mentioned.].
44. Offences in relation
to persons in custody.____(1) Any person subject to this Act who,
without authority, wilfully releases any prisoner or person placed in service
custody, shall, on conviction by Court martial, be punished with rigorous
imprisonment for a term which may extend to fourteen years, or with such less
punishment as is in this Act mentioned.
2[(2) Any person subject to this Act who
commits any of the following offences, that is to say,---
(a) negligently or without reasonable excuse allows any prisoner
or person placed in his charge to escape; or
(b) being in lawful custody escapes or attempts to escape or
leaves such custody before he is set at liberty by proper authority;
shall, on conviction by court martial, be punished with rigorous
imprisonment for a term which may extend to two years or with such less
punishment as is in this Act mentioned.].
45. Loss of arms, etc.
and destruction of property.
Any person subject to this Act who commits any of the following offences, that
is to say,---
(a) loses by neglect any arms, ammunition, equipment,
instruments, tools, clothing or any other thing being Government or service
property issued to him for his use or entrusted to him for his use or entrusted
to him for military purposes; or
1 Subs. by the
2 Subs. ibid., s. 4.
(b) wilfully destroys or injures any Government or service
property;
shall, on conviction by Court martial, be punished with rigorous
imprisonment for a term which may extend to two years or with such less
punishment as is in this Act mentioned.
46. False accusation. Any person subject to this Act who commits
any of the following offences, that is to say,---
(a) makes a false accusation against any person subject to this
Act, knowing or having reason to believe such accusation to be false; or
(b) in making a complaint to his superior officer makes any
statement affecting the character of a person subject to this Act knowing or
having reason to believe such statement to be false, or in making such
complaint knowingly and wilfully suppresses any material fact;
shall, on conviction by Court martial, be punished with rigorous
imprisonment for a term which may extend to two years, or with such less
punishment as is in this Act mentioned.
47. False documents. Any person subject to this Act who
commits any of the following offences, that is to say,---
(a) in any report, return, list certificate, book or other
service or official document made or signed by him, or of the contents of which
it is his duty to ascertain the accuracy,---
(i) knowingly makes or is privy to the making of any false or
fraudulent statement; or
(ii) knowingly makes or is privy to the making of an
omission with intent to defraud; or
(b) knowingly and with intent to injure any person, or to
defraud, suppresses, defaces, alters or makes away with, any service or
official document which it is his duty to preserve or produce; or
(c) when it is his official duty to make a declaration
respecting any service or official matter, knowingly makes a false declaration;
shall, on conviction by Court martial, be punished with rigorous
imprisonment for a term which may extend to seven years, or with such less
punishment as is in this Act mentioned.
48. Signing in blank and
failure to report. Any
person subject to this Act who,---
(a) when signing any document relating to pay, arms, ammunition,
equipment, clothing, supplies or stores1[or]
any other Government or service property, knowingly leaves in blank any
material part for which his signature is a voucher; or
(b) refuses, or by culpable neglect omits, to make a report or
return which it is his duty to make;
shall, on conviction by Court martial, be punished with rigorous
imprisonment for a term which may extend to two years, or with such less
punishment as is in this Act mentioned.
49. Offences in relation
to Courts martial. Any
person subject to this Act who commits any of the following offences, that is
to say,---
(a) refuses to be sworn or affirmed when duly required by a
Court martial to be sworn or affirmed; or
(b) refuses, when a witness, to answer any question or to
produce or deliver up any book, document or other thing when duly required by a
Court martial to answer such
1 Subs. by the
question, or to produce or deliver up such
book, document or other thing; or
(c) is guilty of contempt of Court martial, by using insulting
or threatening language, or by causing any interruption or disturbance in the
proceedings of such Court;
shall, on conviction by Court martial, be punished with rigorous
imprisonment for a term which may extend to five years, or with such less
punishment as is in this Act mentioned.
50. False statement
before Court martial. Any
person subject to this Act who, having been duly sworn or affirmed before any
Court martial or other military Court competent under this Act to administer an
oath or affirmation, makes any statement which is false and which he either
knows or believes to be false or does not believe to be true, shall, on
conviction by Court martial, be punished with rigorous imprisonment for a term
which may extend to ten years, or with such less punishment as is in this Act
mentioned.
51. Irregular
confinement. Any
person subject to this Act who,---
(1) without lawful excuse, detains a person in arrest or
confinement without bringing him to trial or fails to bring his case before the
proper authority for investigation; or
(2) having committed a person to custody, fails without
reasonable cause to deliver at the time of such committal, or as soon as
practicable, and in any case within twenty‑four hours thereafter, to the
officer or other person into whose custody the person arrested is committed, an
account in writing signed by himself of the offence with which the person so
committed is charged,
shall, on conviction by Court martial, be punished with rigorous
imprisonment for a term which may extend to two years or with such less punishment
as is in this Act mentioned.
52. Unbecoming behaviour. Any officer, junior commissioned officer
or warrant officer, who behaves in a manner unbecoming his position and the
character expected of him shall, on conviction by Court martial, be liable to
be dismissed from the service or to suffer such less punishment as is in this
Act mentioned.
53. Striking or ill‑treating
person subject to the Act. Any person subject to this Act who strikes or ill‑treats any
person subject to this Act being his subordinate in rank or position shall, on
conviction by Court martial, be punished with rigorous imprisonment for a term
which may extend to five years or with such less punishment as is in this Act
mentioned.
54. Unlawful detention
of pay. Any officer,
junior commissioned officer, warrant officer or non‑commissioned officer
who, having received the pay of a person subject to this Act, unlawfully
detains or refuses to pay the same, when due, shall, on conviction by Court
martial, be liable to be punished with rigorous imprisonment for a term which
may extend to seven years, or with such less punishment as is in this Act
mentioned.
55. Violation of good
order and discipline. Any
person subject to this Act who is guilty of any act, conduct, disorder or
neglect to the prejudice of good order any of military discipline shall, on
conviction by Court martial, be punished with rigorous imprisonment for a term
which may extend to five years, or with such less punishment as is in this Act
mentioned.
56. Offences relating to
aircraft. Any person
subject to this Act who,---
(a) voluntarily or negligently damages,. destroys or loses any
service aircraft or aircraft material; or
(b) is guilty of any act or omission likely to cause such
damage, destruction or loss; or
(c) without due authority disposes of any service aircraft or
aircraft material; or
(d) is guilty of any act or omission in flying or in the use of
any aircraft, or in relation to any aircraft, or aircraft material which causes
or is likely to cause loss of life or bodily injury to any person; or
(e) during a state of war, voluntarily and without proper
occasion or negligently causes sequestration, by or under the authority of a
neutral State, or the destruction in a neutral State, of any service aircraft;
shall, on conviction by Court martial, be punished,
if he has acted
voluntarily, with rigorous imprisonment for a term which may extend to fourteen
years or with such less punishment as is in this Act mentioned; and
if he has not acted
voluntarily, with rigorous imprisonment for a term which may extend to five
years or with such less punishment as in this Act mentioned.
1[Explanation.___In
this section, “aircraft” includes aeroplanes, balloons, kite balloons,
airships, gliders or other machines for flying and “aircraft material” includes
any engines, fittings, guns, gear, instruments or apparatus for use in
connection with aircraft, and components and accessories of aircraft, and
petrol or any other substance used for providing motive power for aircraft, and
lubricating oil.]
57. Attempt. Any person subject to this Act who
attempts to commit any offence before in this Act specified and in such attempt
does any act towards the commission of the offence shall, on conviction by
Court martial, where no express provision is made by this Act for the
punishment of such attempt, be punished,
1 Explanation added by the
if the offence attempted to
be committed is punishable with death, with rigorous imprisonment for a term
which may extend to fourteen years or with such less punishment as is in this
Act mentioned, and
if the offence attempted to
be committed is punishable with rigorous imprisonment, with rigorous
imprisonment for a term which may extend to one half of the longest term
provided for that offence, or with such less punishment as is in this Act
mentioned.
58. Abetment. Any person subject to this Act who abets
the commission of any offence before in this Act specified, or of any offence
punishable under 1*
* * the Pakistan Air Force Act, 1953 (VI of 1953), or the 2[Pakistan
Navy Ordinance, 1961 (XXXV of 1961)], such offence being of the same nature as an
offence before in this Act specified, shall, on conviction by Court martial be
punished with the punishment provided for such offence in this Act (XIV of
1932) 1*
* * 3[or
the Pakistan Air Force Act, 1953 (VI of 1953),] or in the 2[Pakistan
Navy Ordinance, 1961 (XXXV of 1961)], as the case may be, or with such less
punishment as in this Act mentioned.
59. Civil offences.___(1) Subject to the provisions of
subsection (2), any person subject to this Act who at any place in or beyond
Pakistan commits any civil offence shall be deemed to be guilty of an offence
against this Act and, if charged therewith under this section, shall be liable
to be 4[dealt
with under this Act],
1 Omitted by the Federal Laws
(Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3, and 2nd Sch.
2 Subs. by the
3 Ins. by the Central Laws (Statute
Reform) Ordinance 1960 (21 of 1960), s. 3, and 2nd Sch., (with
effect from 14th October, 1955).
4 Subs. by Ordinance, 1965 (40 of
1965), s. 6, for “tried by court material”.
and, on conviction, to be punished as follows, that is to say,---
(a) if the offence is one which would be punishable under any
law in force in Pakistan with death or with1[imprisonment
for life], he shall be liable to suffer any punishment 2*
* * assigned for the offence by the aforesaid law or such less punishment as is
in this Act mentioned; and
(b) in any other case, he shall be liable to suffer any
punishment 2*
* * assigned for the offence by the law in force in Pakistan, or 1*
rigorous imprisonment for a term which may extend to five years or 1*
such less punishment as is in this Act mentioned [:]2
2[Provided that, where the offence of which
any such person is found guilty is an offence liable to hadd under
any Islamic law, the sentence awarded to him shall be that provided for the
offence in that law.
(2) A person subject to this
Act who commits an offence of murder against a person not subject to this
Act 3*
* *4[or
the Pakistan Air Force Act, 1953 (VI of 1953)], or to the 5[Pakistan
Navy Ordinance, 1961 (XXXV of 1961)], or of culpable homicide not amounting to
murder against such a person or of 2[Zina
or Zina-bil-Jabr] in relation to such a person, shall not be deemed to be
guilty of an offence against this Act and shall not be 6[dealt
with under this Act] unless he commits any of the said offences,---
(a) while on active service, or
(b) at any place outside
1 Subs. and omitted by the
2 Omitted, subs. and added by the
3 Omitted by the Federal Laws
(Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3, and 2nd Sch.
4 Ins. by the Central Laws (Statute Reform)
Ordinance, 1960 (21 of 1960), s. 3, and 2nd Sch. (with effect
from the 14th the October, 1955).
5Subs. by the
6 Subs. ibid., s.6, for “tried by
Court martial”.
(c) at a frontier post specified by the Central Government by
notification in this behalf.
(3) The powers of a Court
martial 2[or
an officer exercising authority under section 23] to charge and punish any
person under this section shall not be affected by reason of the fact that the
civil offence with which such person is charged is also an offence against this
Act.
3[(4) Notwithstanding anything contained in
this Act or in any other law for the time being in force a person who becomes
subject to this Act by reason of his being accused of an offence mentioned in
clause (d) of sub-section (1) of section 2 shall be liable to be tried or
otherwise dealt with under this Act for such offence as if the offence were an
offence against this Act and were committed at a time when such person was
subject to this Act; and the provisions of this section shall have effect
accordingly].
CHAPTER VI.___PUNISHMENTS
60. Punishments. Punishments may be inflicted in respect of
offences committed by persons subject to this Act and convicted by Courts
martial according to the scale following, that is to say,---
4[(a) stoning to death;
(aa) death;
(aaa) amputation of hand, foot or both;]
5[(b) Imprisonment for life;]
1 Subs. by the
2Ins. by the
3 Added by the Defence Services Laws
(Second Amendment) Ordinance, 1967 (4 of 1967), s. 2.
4 Subs. by the
5Subs. by the
(c) 1*
imprisonment for any term not exceeding 1[Twenty-five]
years;
1[(cc) whipping not exceeding one hundred strips;];
(d) dismissal from the service;
(e) in the case of persons other than officers, junior
commissioned officers, or warrant officers detention for a period not exceeding
six months;
(f ) in the case of warrant officers, reduction in grade
or class; and in the case of non‑commissioned officers, reduction to the
ranks or to a lower rank;
(g) in the case of officers, junior
commissioned officers, warrant officers and non‑commissioned officers,
forfeiture of seniority of rank; or, in the case of any of the aforesaid whose
promotion depends upon length of service, forfeiture of all or any part of the
service for the purposes of promotion;
(h) forfeiture of service for the purposes of
increased pay, or any other prescribed purpose;
(i) in the case of officers, junior commissioned officers,
warrant officers and non‑commissioned officers, severe reprimand or
reprimand;
(j) forfeiture, fines and stoppages as follows, namely:___
(i) in the case of a person sentenced to dismissal from the
service, forfeiture of all arrears of pay and allowances and other public money
due to him at the time of such dismissal;
1 Subs. Omitted and Ins. by the
(ii) fine;
1[(iii) stoppages of pay and allowances to make good the
whole or any part of the proved loss or damage occasioned by the offence of
which he is convicted;]
(iv) for an offence committed on active service,
forfeiture of pay and allowances for a period commencing on the day of the
sentence and not exceeding three months [;]1
1[(k) any other punishment provided for in any
Islamic law;] 2[and
any other law for the time being in force]
Provided that,
1[(1) a person shall not be sentenced to
imprisonment for life except in respect of an offence of which he is convicted
under section 24 or sectin 31 or sub-section (1) of section 36 or section 59;
nor shall a person be fined except in respect of an offence of which he is
convicted under section 40 or section 42 or section 55 or section 59; ]
(2) Where in respect of an offence under
this Act there is specified a particular punishment or such less punishment as
is in this Act mentioned, there may be awarded in respect of that offence
instead of such particular punishment, but subject to the other provisions of
this Act and regard being had to the nature and degree of the offence, any one
punishment lower in the scale than the particular punishment,1[except
an offence liable to hadd under any Islamic law, for which the
punishment provided for in that law shall be awarded;]
1 Sub. Ins. and added by the
2Added by Act II of 2015,s.3.
(3) an offender under this Act shall not
be subject to detention for more than six months whether under one or more
sentences 1[;
and]
1[(4) a person shall not be sentenced to
stoning to death, amputation of hand, foot or both, whipping or simple
imprisonment except in respect of an offence of which he is convicted under an
Islamic law.
Explanation.___While
computing a sentence under an Islamic law, “imprisonment for life” shall have
the same meaning as in such law.].
61. Field
punishment. ___(1) Where any person subject to this Act,
being below the rank of warrant officer, commits any offence on active service,
it shall be lawful for a Court martial to award for that offence any such
punishment, other than flogging, as may be prescribed as a field punishment.
Field punishment shall be of the character of personal restraint or of hard
labour but shall not be of a nature to cause injury to life or limb.
(2) Field punishment shall,
for the purpose of commutation, be deemed to stand next below detention.
62. Special provisions
regarding sentences.___(1) Where an officer, junior commissioned
officer or warrant officer is sentenced to 2[stoning
to death,] death, 3[Imprisonment
for life] or 2*
imprisonment, the court shall, by its sentence, sentence such officer, junior
commissioned officer, or warrant officer to be dismissed from the service.
1 Subs. ins added by the
2 Ins. and omitted ibid, s. 7.
3 Subs. by
(2) A person subject to
this Act, being below the rank of warrant officer who is sentenced to 1[Imprisonment
for life] 2[or
to imprisonment to be undergone otherwise than in military custody] may, in
addition thereto, be sentenced to be dismissed from the service.
(3) An officer, junior
commissioned officer, warrant officer or noncommissioned officer, when
sentenced to forfeiture of seniority of rank or service for the purposes of
promotion or to forfeiture of service for the purposes of increased pay, or any
other prescribed purposes, may, in addition thereto be sentenced by Court
martial to be severely reprimanded or reprimanded.
(4) In addition to, or
without any other punishment, in respect of any offence, an offender may be
sentenced by Court martial to any forfeiture, fine or stoppages authorised by
this Act.
(5) A non‑commissioned
officer sentenced by Court martial to 3[
amputation of hand or foot or both,]1[Imprisonment
for life], 4*
imprisonment, detention, field punishment or dismissal from the service shall
be deemed to be reduced to the ranks.
5[(6) A person subject to this Act who is
sentenced to amputation of hand or foot or both or whipping, may, in addition
thereto, be sentenced to be dismissed from the service.]
63. Retention in the
ranks of person convicted on active service. When, on active service, any person
enrolled under this Act has been sentenced by Court martial to dismissal from
the service or to 1[imprisonment
for life] or 4*
imprisonment whether combined with dismissal or not, the prescribed officer may
direct that such person may be retained to serve in the ranks, and where such
person has been sentenced to 1[Imprisonment
for life] or 4*
imprisonment, such service shall be reckoned as part of his term or 1[Imprisonment
for life] or 4*
imprisonment.
1 Subs. by the
2 Subs. by the
3 Ins. ibid.
4 Omitted ibid.
5 Added. Ibid., s. 8.
CHAPTER VII.__PENAL
DEDUCTIONS
64. Authorised
deductions only to be made from pay. The pay 1[and
allowances] of an officer, junior commissioned officer, warrant officer, or of
any person enrolled under this Act shall be paid without any deductions other
than deductions authorised by or under this Act or any other law for the time
being in force.
65. Deductions from pay
and allowances.____(1) The following penal deductions may be
made from the 2[pay
and allowances of an officer], that is to say,---
(a) all pay and allowances for every day he absents himself
without leave, unless a satisfactory explanation has been given to his commanding
officer or other superior officer and has been accepted by the3[Federal
Government];
(b) all pay and allowances for every day while
he is in custody or under suspension from duty on a charge for an offence of
which he is afterwards convicted by a Criminal Court or a Court martial or by
an officer exercising authority under section 23;
(c) any sum required to make good the pay of any person subject
to this Act which he has unlawfully retained or unlawfully refused to pay;
(d) all pay and allowances ordered by a Court martial or by an
officer exercising authority under section 23 to be forfeited or stopped;
(e) any sum required to pay a fine awarded by a Criminal Court
or a Court martial exercising jurisdiction under section 59;
(f) any sum required to make good any loss, damage or destruction
of any public or
1 Ins. by the
2 Subs. ibid., s. 9, for “pay of an
officer”.
3 Subs. by the
service property which, after due
investigation, appears to the 1[Federal
Government] to have been occasioned by any wrongful act or negligence on the
part of the officer;
(g) all pay and allowances forfeited by order of the 1[Federal
Government] if the officer is found by a Court of inquiry constituted in the
behalf by the 2[Chief
of the Army staff] to have deserted to the enemy, or while in enemy hands, to
have served with or under the orders of, the enemy, or in any manner to have
aided the enemy, or to have allowed himself to be taken prisoner by the enemy
through want of due precaution or through disobedience of orders or wilful
neglect of duty, or having been taken prisoner by the enemy to have failed to
rejoin his service when it was possible to do so;
(h) any sum which a criminal court or the 1[Federal
Government] orders him to pay for the maintenance of his wife or his child,
legitimate or illegitimate.
(2) The following penal
deductions may be made from the pay and allowances of a person subject to this
Act other than an officer, that is to say,---
(a) all pay and allowances for every day of absence without
leave or as a prisoner of war, aNd for every day of 3*
imprisonment or detention awarded by a Criminal Court, a Court martial, or an
officer exercising authority under section 23 or of field punishment awarded by
Court martial, or such officer;
1 Subs. by the
2 Subs. by F.A.O., 1975 Art. 2 and
Sch., for “Commander-in-chief”.
3 Omitted by the
(b) all pay and allowances for every day while he is in custody
or under suspension from duty on a charge for an offence of which he is
afterwards convicted by a criminal court or a court martial, or on a charge of
absence without leave for which he is afterwards awarded imprisonment,
detention or field punishment by an officer exercising authority under section
23;
(c) all pay and allowances for every day on which he is in
hospital on account of sickness certified by the medical officer attending on
him to have been caused by an offence under this Act committed by him;
(d) for every day on which he is in hospital on account of
sickness certified by the medical officer attending on him to have been caused
by his own misconduct or imprudence, such sum as may be specified by order of
the 1[Federal
Government] or of the prescribed officer;
(e) all pay and allowances ordered by a Court martial or by an
officer exercising authority under section 23 to be forfeited or stopped;
(f) all pay and allowances for every day
between his being recovered from the enemy and his dismissal from the service
in consequence of his conduct when being taken prisoner by, or while in the
bands of, the enemy;
(g) any sum required to make good such compensation for any
expense, loss, damage or destruction caused by him to the 1[Federal
Government] or to any building or property as may be awarded by his commanding
officer;
1 Subs. by the
(h) any sum required to pay a fine awarded by a Criminal Court,
a Court martial exercising jurisdiction under section 59 or an officer
exercising authority under section 23;
(i) any sum which a Criminal Court, the 1[Federal
Government] or any prescribed officer orders him to pay for the maintenance of
his wife or his child, legitimate or illegitimate:
Provided that the total
deductions from the pay and allowances of a person under clauses (e), (g), (h)
or (i) shall not, except where he is sentenced to dismissal, exceed in any one
month one half of his pay and allowances for that month.
Explanation.___For
the purposes of clauses (a) and (b):---
(i) no person shall be treated as absent or in custody unless
the absence or custody has lasted for six hours or upwards (except where the
absence or custody prevents the absentee from fulfilling any military duty
which is thereby thrown on some other person);
(ii) absence or custody for six consecutive hours or
upwards, whether wholly in one day or partly in one day and partly in another
may be reckoned as absence or custody for a day;
(iii) absence or custody for twenty‑four consecutive
hours or upward may be reckoned as absence or custody for the whole of each
day during any portion of which the person was absent or in custody;
(iv) for the purposes of this explanation “custody”
includes custody on a charge
1 Subs. by the
for an offence of which a person is
afterwards convicted, and any period in custody of any nature, under a sentence
of 1*
rigorous imprisonment, detention or field punishment.
66. Pay and allowances
during trial. In the
case of a person subject to this Act who is in custody or under suspension from
duty on a Charge for an offence, the prescribed officer may direct that the
whole or any part of the pay and allowances of such person shall be withheld,
pending the result of his trial, on the charge against him, in order to give
effect to the provisions of clause (b) of subsection (1) or subsection (2) of
section 65.
67. Deduction from
public money due other than pay. Any sum authorised by this Act to be deducted from the pay and
allowances of any person may, without prejudice to any other mode of recovering
the same, be deducted from any public money due to him other than a pension.
68. Power to withhold
pay and allowances pending enquiry into conduct as prisoner of war. Where the conduct of any person subject to
this Act, when being taken prisoner by or whilst in the hands of the enemy, is
to be inquired into under this Act or any other law for the time being in
force, the 2[Chief
of the Army Staff] or any officer empowered by him in this behalf may order
that the whole or any part of the pay and allowances of such person shall be
withheld pending the result of such inquiry.
69. Remission of
deductions. Any
deduction from pay and allowances authorised by this Act may be remitted in
such manner, to such extent and by such authority as may be prescribed.
70. Provision for
dependants of prisoner of war from remitted deductions. In the case of a person subject to this
Act being prisoner of war, whose pay and allowances have been forfeited under
clause (g) of subsection (1) or clause (a) of subsection (2) of section 65 but
in respect of whom a remission has been made under
1 Omitted by the
2 Subs. by F.A.O., 1975 Art, 2 and
Sch., for “Commander-in-Chief”.
section 69 it shall be lawful for proper
provision to be made by the prescribed, authority out of such pay and
allowances for any dependants of such a person and any such remission shall in
that case be deemed to apply only to the balance thereafter remaining of such
pay and allowances.
71. General power to
make provision for dependants. In the case of a person subject to this Act, it shall be lawful,
for proper provision to be made by the prescribed authority for any dependants
of any such person who is a prisoner of war or missing out of his pay and
allowances.
72. Period during which
a person is deemed to be a prisoner of war. For the purposes of sections 70 and 71 a
person shall be deemed to continue to be a prisoner of war until the conclusion
of any inquiry into his conduct such as is referred to in section 68 and if he
is dismissed from the service in consequence of such conduct, until the date of
dismissal.
CHAPTER VIII.___ARREST
AND PROCEEDINGS BEFORE TRIAL.
73. Custody of offenders.___ (1) Any person subject to this Act who is
charged with any offence may be taken into military custody.
(2) Any such person may be
ordered into military custody by any superior officer, or except in the case of
a person subject to this Act as an officer, by any member of the military,
naval or air force police.
(3) An officer may order
into military custody any officer, though he may be of a higher rank, who is
engaged in a quarrel, affray or disorder.
74. Duty of commanding
officer in regard to person in custody. Every commanding officer shall take care that a person
under his command when charged with an offence is not detained in custody for more
then forty‑eight hours after the committal of such person into custody is
reported to him, without the charge being investigated, unless investigation
within that period seems to him to be impracticable having due regard to the
public service. Every case of a person detained in custody beyond a period of
forty‑eight hours and the reason therefor shall be reported by the
commanding officer to the officer, to whom application is to be made to convene
a general or District Court martial for the trial of the person charged,---
Provided that in reckoning
the period of forty‑eight hours all public holidays shall be excluded.
75. Interval between
committal and Court martial.
In every case where any such person as is mentioned in section 73 and as is not
on active service remains in custody for a longer period than eight days,
without a Court martial for his trial being ordered to assemble, a special
report giving reasons for the delay shall be made by his commanding officer in
the manner prescribed and a similar report shall be forwarded at intervals of
eight days until a Court martial is assembled or such person is released from
custody.
76. Arrest by civil
authorities. Whenever any
person subject to this Act, who is accused of any offence under this Act, is
within the jurisdiction of any magistrate or police officer, such magistrate
or public officer shall aid in the apprehension and delivery to military
custody of such person upon receipt of a written application to that effect
signed by that person’s commanding officer.
77. Capture of
deserters.___(1) Whenever any person subject to this
Act deserts, his commanding officer shall give written information of the
desertion to such civil authorities as in his opinion may be able to afford
assistance towards the capture of the deserter. Such authorities shall
thereupon take steps for the apprehension of the said deserter in like manner
as if he were a person for whose apprehension a warrant had been issued by a
magistrate, and shall deliver to deserter, when apprehended, into military
custody.
(2) It shall be lawful for
any police officer to arrest without warrant any person whom he reasonably
believes to be subject to this Act, and to be a deserter or absentee without
leave, and to bring him without delay before the nearest magistrate, to be
dealt with according to law.
78. Inquiry into absence
of person subject to the Act.____(1) When any person subject to this Act
has been absent from his duty without due authority for a period of 1[thirty
days] a Court of inquiry shall, as soon as practicable, be assembled and such
Court shall, upon oath or affirmation administered in the prescribed manner,
inquire respecting the absence of the person, and the deficiency, if any, in
the property of 2[Federal
Government] entrusted to his care, or in his arms, ammunition, equipment,
instruments, clothing or necessaries; and, if satisfied of the fact of such
absence without due authority or other sufficient cause, the Court shall
declare such absence and the period thereof and the said deficiency, if any,
and the commanding officer of the corps or unit to which the person belongs
shall enter in the Court martial book of the corps or unit a record of the
declaration.
(2) If the person declared
absent does not afterwards surrender, or is not apprehended, he shall, for the
purposes of this Act, be deemed to be a deserter.
3[(3) Notwithstanding anything contained in
sub-section (1), a person who, after enrolment, fails to report to the corps or
unit to which he is required to report within thirty days of the date on which
he was required to so report, the commanding officer of the corps or unit shall
declare such failure and enter in the court martial book of the corps or unit,
as the case may be, a record of the declaration; and if the person in respect
of whom such declaration has been made does not afterwards surrencder,
1 Subs. by the
2 Subs. by the
3 Added by Act 51 of 1976, s. 16.
or is not apprehended, he shall, for the purposes of this Act, be
deemed to be a deserter.].
1[78A. Inquiry into any other
marshals. A court of
inquiry may also be assembled in the prescribed manner to inquire into any
matter which may be referred to it.]
Provost Marshals
79. Appointment, duties
and powers of provost marshals.___(1) For the prompt and instant repression
of irregularities and offences committed, provost marshals with assistants may
be appointed by the 2[Chief
of the Army Staff] or by any prescribed officer.
(2) the duties of a provost
marshal so appointed shall be to take charge of persons confined for any
offence, to preserve good order and discipline, and to prevent breaches of the
same by persons subject to this Act.
(3) A provost marshal may
at any time arrest and detain for trial any person subject to this Act who
commits, or is charged with an offence, and may also carry into effect any
punishment to be inflicted in pursuance of a sentence awarded by a Court
martial, or by an officer exercising authority under section 23 but shall not
inflict any punishment on his own authority :
Provided that no officer
shall be so arrested or detained otherwise than by or under the orders of an
officer.
(4) For the purposes of
subsections (2) and (3) “provost marshal” shall be deemed to include an
assistant provost marshal appointed under this Act, or a provost marshal or any
of his assistants appointed under 3*
* * [ 4*
the Pakistan Air Force Act, 1953 (VI of 1953)] or the 5[Pakistan
Navy Ordinance, 1961 (XXXV of 1961)].
1 New section 78A ins. by the
2 Subs. by F.A.O., 1975 Art 2 and
Sch.
3 Omitted by the Federal Laws
(Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch-II.
4 Ins. by the Central Laws (Statute
Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with
effect from the 14th October 1955).
5 Subs. by the
CHAPTER IX.___COURTS
MARTIAL
Constitution, Jurisdiction and Powers of
Courts Martial.
80. Kinds of Courts
Martial. For the
purposes of this Act, there shall be four kinds of Courts martial, that is to
say,---
(1) general Courts martial;
(2) district Courts martial;
(3) field general Courts martial; and
(4) summary Courts martial.
81. Power to convene
general Courts martial. A
general Court martial may be convened by the 1[Chief
of the Army Staff] or by an officer empowered in this behalf by warrant of
the 1[Chief
of the Army Staff].
82. Power to convene
district Courts martial. A district Court martial may be convened by an authority having
power to convene a general Court martial or by an officer empowered in this
behalf by a warrant of any such authority.
83. Limitation of powers
of convening authorities. A warrant issued under section 81 or section 82 may contain such
restrictions, reservations or conditions as the authority issuing it may think
fit.
84. Power to convene
field general Court martial. The following authorities shall have power to convene a field
general Court martial, namely:---
(a) an officer empowered in this behalf by an order of the 2[Federal
Government] or of the 1[Chief
of the Army Staff].
(b) on active service, an officer commanding a portion of the
Pakistan Army, not below the rank of brigadier, if in the opinion of such
officer commanding, such opinion
1 Subs. by F.A.O., 1975 Art. 2 and
Sch., for “Commander-in-Chief”.
2 Subs. by the
to be recorded in writing and to be
conclusive, it is not practicable with due regard to discipline and the
exigencies of the service to try the alleged offender by a general Court
martial,
85. Composition of
general Court martial. A
general Court martial shall consist of not less than five officers each of whom
has held a commission for not less than three whole years and of whom not less
than four are of a rank not below that of captain.
86. Composition of
district Court martial. A district Court martial shall consist of not less than three
officers each of whom has held a commission for a continuous period of not less
than two years.
87. Composition of field
general Court martial. A field general Court martial shall consist of not less than three
officers.
88. Summary Courts
martial.___(1) A summary Court martial may be held by
the commanding officer of any corps of unit or any detachment thereof.
(2) At every summary Court
martial, the officer holding the trial shall alone constitute the Court, but
the proceedings shall be attended throughout by two officers, or two junior
Commissioned officers, or one officer and one junior commissioned officer, who
shall not as such be sworn or affirmed.
1[(3) In the trial of an accused who is a
Muslim for an offence punishable under an Islamic law, the officer holding the
trial, and the officers and junior commissioned officers attending the trial
under sub-section (2), shall all be Muslims; and, where the commanding officer
is a non-Muslim, a Muslim officer shall be appointed by the formation commander
for holding the trial].
89. Dissolution of
Courts martial.___(1) If a Court martial after the
commencement of a trial is reduced below the smallest number of officers of
which it is by this Act required to consist, it shall be dissolved.
1 Added by the
(2) If, on account of the
illness 1 *
* * of the accused before the finding, it is impossible to continue the trial,
the Court martial shall be dissolved.
(3) The officer who
convened a Court martial may dissolve such Court martial if it appears to him
that the exigencies of the service or the necessities of discipline render it
impossible or inexpedient to continue the trial.
(4) Where a Court martial
is dissolved under this section, the accused may be tried by a fresh Court
martial.
90. Prohibition of
second trial. Where
any person subject to this Act has been acquitted or convicted of an offence by
a Court martial or by a criminal Court or has been summarily dealt with for an
offence under section 23, he shall not be liable to be tried again for the same
offence by a Court martial or be dealt with summarily in respect of it under
the said section [ : ]2
3[ Provided that this section shall not
apply in a case in which the finding or sentence of the court martial has not
been confirmed or the proceedings have been annulled under section 132.].
91. Period of limitation
for trial.___(1)
No trial by Court martial of any person subject to this Act for any offence,
other than an offence of desertion or fraudulent enrolment or any of the
offences mentioned in 3[section
31 or section 40 or section 59], shall be commenced after the expiration of
three years from the date of such offence, and no such trial for an offence of
desertion, other than desertion on active service or of fraudulent enrolment
shall be commenced if the person in question, not being an officer, has
subsequently to the
1 Omitted by the
2 Subs. and added by the
3 Subs. by the
commission of the offence, served
continuously in an exemplary manner for not less than three years with any
portion of the
(2) In the computation of
the period of three years specified in subsection (1) any time spent by the
person in question as a prisoner of war, or in evading arrest; shall be
excluded.
92. Liability of offender
who ceases to be subject to Act.___(1)
Where an offence has been committed by any person while subject to this Act,
and he has ceased to be so subject, he may be taken into and kept in military
custody and tried and punished for such offence as if he had continued to be so
subject.
(2) No such person shall be
tried for an offence, unless his trial commences within six months after he had
ceased to be subject to this Act:---
Provided that nothing
contained in this subsection shall apply to the trial of any such person for an
offence or desertion, fraudulent enrolment or for any of the offences mentioned
in section 31 1[or
section 40] or shall affect the jurisdiction of a criminal Court to try any
offence triable by such Court as well as by Court martial.
93. Place of trial.__ Any person subject to this Act who commits
any offence against it may be tried and punished for such offence in any place
whatever.
94. Order in case of
concurrent jurisdiction of Court martial and Criminal Court. When a Criminal Court and a Court martial
have each jurisdiction in respect of a civil offence, it shall be in the
discretion of the prescribed officer to decide before which Court the
proceedings shall be instituted and, if that officer decides that they shall be
instituted before a Court martial, to direct that the accused person shall be
detained in military custody.
95. Power of Criminal
Court to require delivery of offender.- (1) When a Criminal Court having jurisdiction is of the opinion
that proceedings ought to be instituted before itself in respect of any civil
offence,
1 Ins. by the Army (Amdt.)
Ordinance, 1976 (51 of 1976), s. 18.
it may, by written notice, require the
prescribed officer, at his option, either to deliver over the offender to the
nearest Magistrate to be proceeded against according to law, or to postpone
proceedings pending a reference to the 1[Federal
Government].
(2) In every such case, the
said officer shall either deliver over the offender in compliance with the
requisition or shall forthwith refer the question as to the Court before which
the proceedings are to be instituted for the determination of the 1[Federal
Government], whose order upon such reference shall be final.
2[96. Trial by Court martial, bar to
subsequent trial by Criminal Court. Where a person subject to this Act
is acquitted or convicted of an offence by a court martial, a criminal court
shall be debarred from trying him subsequently for the same offence or on the
same facts.]
3[96A. Definition of court martial. For the purposes of sections 94 and 96,
the term “court martial” shall include an officer exercising authority under
section 23.]
97. Powers of general
and field general Court martial. A general or field general Court martial shall have power to try
any person subject to this Act for any offence made punishable therein, and to
pass any sentence authorised by this Act.
98. Power of district
Court martial. A
district Court martial shall have power to try any person subject to this Act,
except an officer, junior commissioned officer or warrant officer, for any
offence made punishable therein, and to pass any sentence authorised by this
Act other than a sentence of 4[stoning
to death or death or amputation of hand, foot or both or imprisonment for a
term exceeding two years or whipping exceeding forty stripes].
1 Subs. by the
2 Subs. by the
3 New section 96A ins. by the
4 Subs. by the
99. Offences triable by
summary Court martial. A summary Court martial may try any offence punishable under any
of the provisions of this Act 1[other
than an offence liable to hadd under any Islamic law]:---
Provided that when there is
no grave reason for immediate action and reference can without detriment to
discipline be made to the officer empowered to convene a district Court
martial, or on active service a field general Court martial, for the trial of
the alleged offender, an officer holding a summary Court martial shall not try
without such reference any of the following offences, namely:---
(a) any offence punishable under sections 24, 31 and 59; or
(b) any offence against the officer holding the Court.
100. Persons triable by
summary Court martial. A summary Court martial may try any person subject to this Act and
under the command of the officer holding the Court, except an officer, junior
commissioned officer or warrant officer.
101. Sentence awardable
by summary Court martial.
A summary Court martial may pass any sentence which may be passed under this
Act, except a sentence of 2[stoning
death or death or amputation of hand, foot or both or imprisonment for a term
exceeding one year or whipping exceeding twenty stripes]:---
Provided that if the
officer holding the summary Court martial is below the rank of 3[Major],
he shall not award2[whipping
or] imprisonment for a term exceeding three months.
102. President. The President of a general, district
or field general Court martial shall be appointed by order of the authority
convening the Court.
1 Ins. by the
2 Subs. ibid., s. 13.
3 Subs. by the
[102A. Religion of
confirming officer, president, judge advocate and members of general, district
or field general court martial. In the trial, by a general, district or field general court
martial, of an accused who is a Muslim for an offence punishable under an
Islamic law, the confirming officer, the president, the judge advocate and the
members shall be Muslims].
103. Judge
Advocate. Every
general Court martial shall, and every district or field general Court martial
may, be attended by a judge advocate, who shall be an officer belonging to the
department of the Judge Advocate‑General, Pakistan Army or, if no such
officer is available, a person appointed by the convening officer.
104. Challenges.___(1) At all trials by general, district or
field general Court martial, as soon as the Court is assembled, the names of
the president and members shall be read over to the accused, who shall
thereupon be asked whether he objects to being tried by any officer sitting on
the Court.
(2) If the accused objects
to such officer, his objection and also the reply thereto of the officer
objected to, shall be heard and recorded, and the remaining officers of the
Court shall, decide on the objection in the absence of the challenged officer.
(3) If the objection is
allowed by one half or more of the votes of the officers entitled to vote, the
objection shall be allowed and the member objected to shall retire and his
vacancy may be filled in the prescribed manner by another officer subject to
the right of the accused to object.
(4) When no challenge is
made, or when challenge has been made and disallowed or the place of every
officer successfully challenged has been filled by another officer to whom no
objection is made or allowed, the Court shall proceed with the trial.
1 Ins. by the
105. Voting of members.___(1) Every decision of a Court martial
shall be passed by an absolute majority of votes; and where there is an
equality of votes, as to either finding or sentence, the decision shall be in
favour of the accused:---
Provided that no sentence
of death shall be passed without the concurrence, in the case of a general
Court martial of at least two‑thirds of the members and, in the case of a
field general Court martial of all the members, of the Court [ : ]1
1[Provided further that, where the offence
of which an accused is found guilty is an offence liable to hadd under
an Islamic law, the sentence awarded shall be that provided for the offence in
that law.].
(2) In matters other than a
challenge or the finding or sentence, the president shall have a second or
casting vote.
106. Oaths of president
and members. An oath
or affirmation in the prescribed form shall be administered to every member of
every Court martial before the commencement of the trial.
107. Oaths of judge
advocate and others. After
the members of the Court have been sworn or affirmed, an oath or affirmation in
the prescribed form shall be administered to the following persons or such of
them as are present at the Court martial:---
(a) judge advocate;
(b) officer attending for the purpose of instruction;
(c) shorthand writer;
(d) interpreter.
108. Oaths of witnesses. Every person giving evidence at a Court
martial shall be examined on oath or affirmation and shall be duly sworn or
affirmed in the prescribed form:---
1 Subs. and added by the
Provided that where a Court
martial is satisfied that a child of tender years is unable to understand the
nature of an oath or affirmation, it may dispense with the administration of
oath or affirmation.
1[108A. Affirmation not allowed in the case
of Muslim. Where the
person referred to in section 106 or section 107 or section 108 is a Muslim,
the said section shall have effect as if reference therein to affirmation were
omitted.].
109. Summoning witnesses
and production of documents.___(1) The convening officer, the president
of 2* 3[a
court martial or a court of inquiry], the judge advocate, or the commanding officer
of the accused person may, by summons under his hand, require the attendance at
a time and place to be mentioned in the summons of any person either to give
evidence or to produce any document or thing.
(2) In the case of a
witness amendable to military, naval or air force authority, the summons shall
be sent to his commanding officer and such officer shall serve it upon him
accordingly.
(3) In the case of any
other witness, the summons shall be sent to the magistrate within whose
jurisdiction he may be or reside, and such magistrate shall give effect to the
summons as if the witness were required in the Court of such magistrate.
(4) When a witness is
required to produce any document or thing in his possession or power, the
summons shall describe it with reasonable precision.
(5) Nothing in this section
shall be deemed to affect the Evidence Act, 1872 (I of 1872), sections 123 and
124, or to apply to any letter, postcard, telegram or other document in the
custody of the postal or telegraph authorities.
1 Ins. by the
2 The redundant word “the” has been
omitted in printing.
3 Subs. by the
(6) If any document in such
custody is, in the opinion of any district magistrate, high Court, or Court of
session wanted for the purpose of any Court martial, such magistrate or Court
may require the postal or telegraph authorities, as the case may be, to
deliver such document to such person as such magistrate or Court may direct.
(7) If any such document
is, in the opinion of any other magistrate or of any commissioner of police or
district superintendent of police, wanted for any such purpose, he may require
the postal or telegraph authorities, as the case may be, to cause search to be
made for and to detain such document pending the orders of any such district
magistrate, high court or Court of session.
1[110. Commissions for the examination of
witness.___(1)
Whenever, in the course of trial by a Court martial, it appears to the Court
that the examination of a witness is necessary for the ends of justice, and
that the attendance of such witness cannot be procured without an amount of
delay, expense or inconvenience which in the circumstances of the case, would
be unreasonable, such Court may, if it thinks necessary, issue a commission in
the manner specified in Chapter XL of the Code of Criminal Procedure, 1898 (V of 1898), according as the witness resides in a place in
or outside Pakistan.
(2) The court may be
adjourned for a specified time reasonably sufficient for the execution and
return of the commission.
(3) Such a commission shall
be executed by the magistrate or officer to whom it is issued in the same
manner as if it was issued in the trial of a 2*
case under the Code of Criminal Procedure, 1898 (V of 1898), or of any corresponding law in force at the
place
1 Subs. by the
2 Omitted by the
where the evidence is recorded; and shall
be returned, together with the deposition of the witness examined thereunder,
to the Judge Advocate General.
(4) The Judge Advocate
General will forward the same to the court-martial who issued it or, if the
said court-martial is in the meanwhile dissolved, to another court-martial
convened for the trial of the accused in respect of the same charge and any
deposition so taken shall be recorded in evidence and shall form part of the
proceedings of the court.
Explanation.___The expression “Judge Advocate General”
means the Judge Advocate General, Pakistan Army, and includes a Deputy Judge
Advocate General.]
111. Conviction of one
offence permissible on charge of another.___(1)
A person charged before a Court martial with desertion may be found guilty of
attempting to desert or of being absent without leave.
(2) A person charged before
a Court martial with attempting to desert may be found guilty of being absent
without leave.
(3) A person charged before
a Court martial with any one of the offences specified in clauses (a) and (b) of
section 40 may be found guilty of any other of these offences with which he
might have been charged.
(4) A person charged before
a Court martial with an offence punishable under section 59 may be found
guilty of any other offence of which he might have been found guilty if the
provisions of the Code of Criminal Procedure, 1898 (V of 1898), had been applicable.
(5) A person charged before
a Court martial with any offence under this Act may, on failure of proof of an
offence having been committed in circumstances involving a more severe
punishment be found guilty of the same offence as having been committed in
circumstances involving a less severe punishment.
(6) A person charged before
a Court martial with any offence under this Act may be found guilty of having
attempted to commit, or of abetment of, that offence although the attempt or
abetment is not separately charged.
(7) A person charged before
a Court martial with using or attempting to use, criminal force, to his
superior officer, knowing or having reason to believe him to be such may be
found guilty of having committed an assault on such superior officer.
112. Rules of evidence
to be the same as in Criminal Courts. Subject to the provisions of this Act, the rules of
evidence in proceedings before Courts martial shall be the same as those which
are followed in criminal Courts.
113. Judicial
notice. A
Court-martial may take judicial notice of any matter within the general
military knowledge of the members.
114. Presumption as to
signatures. In any
proceedings under this Act, any application, certificate, warrant, reply or
other document purporting to be signed by an officer in the service of the
Government shall, on production, be presumed to have been duly signed by the
person by whom and in the character in which it purports to have been signed
until the contrary is proved.
115. Enrolment paper.___(1) Any enrolment paper purporting to be
signed by an enrolling officer shall, in proceedings under this Act, be evidence
that the person enrolled gave the answers which he is therein represented as having
given.
(2) The enrolment of such
person may be proved by the production of his enrolment paper or a copy of his
enrolment paper purporting to be certified to be a true copy by the officer
having the custody of the enrolment paper.
116. Presumption as to
certain documents.___(1) A letter, return or other document
with respect to a person,---
(i) having, or not having, at any time served in, or been
discharged from any part of the armed forces of
(ii) having, or not having, held any rank or appointment
in, or been posted or transferred to any part of such forces, or having or not
having served in any particular country or place, or
(iii) being, or not being, authorised to use or wear any
naval, military or air force decoration, medal, medal ribbon, badge, wound
stripe or emblem, the use or wearing of which by an unauthorised person is, by
any law in force for the time being, an offence,
if purporting to be signed
by or on behalf of a Secretary to the 1[Federal
Government], or on behalf of the Pakistan Military, Naval or Air Force Headquarters,
or by the commanding officer or the officer or record officer having the
custody of the records of any portion of those forces or of any of the ships of
Pakistan Navy to which such person appears to have belonged, or alleges that he
belongs or had belonged, shall, be evidence of the facts stated in such
letter, return or other document.
(2) Any army, navy or air
force list or gazette purporting to be published by authority shall be evidence
of the status and rank of the officers, junior commissioned officers or warrant
officers therein mentioned, and of any appointment held by such officers,
junior commissioned officers or warrant officers and of the corps, unit,
battalion, ship, arm, branch or department of the service to which such
officers, junior commissioned officers or warrant officers belong.
(3) Where a record is made
in any service book in pursuance of this Act or of any rules made thereunder or
otherwise in pursuance of duty and purports to be signed by the commanding
officer or by the officer whose duty it is to make such record, such record
shall be evidence of the facts thereby stated.
1 Subs. by the
(4) A copy of any record in
any service book purporting to be certified to be a true copy by the officer
having the custody of such book shall be evidence of such record.
(5) Where any person
subject to this Act is being tried on a charge of desertion or of absence
without leave and such person has surrendered himself into the custody of, or
has been apprehended by, any officer, or any portion, of the armed forces of
Pakistan, a certificate purporting to be signed by such officer, or by the
commanding officer of that portion of the armed forces and stating the fact,
date and place of such surrender or apprehension, shall be evidence of the
matter so stated.
(6) Where any person
subject to this Act is being tried on a charge of desertion or of absence
without leave and such person has on arrest or surrender been taken to a police
station in Pakistan, a certificate purporting to be signed by the officer‑in‑charge
of that police station, and stating, the fact, date and place of such surrender
or apprehension shall be evidence of the matters so stated.
(7) Any document purporting
to be a report under the hand of any Chemical Examiner or Assistant Chemical
Examiner to the Government of Pakistan upon any matter or thing duly submitted
to him for examination or analysis and report may be used as evidence in any
proceeding under this Act.
117. Reference by
accused to Government Officer.___(1)
If at any trial, or other proceedings, for desertion or absence without leave,
overstaying leave, or not rejoining when warned for service, the accused states
in his defence any sufficient or reasonable excuse for his unauthorised
absence, and refers in support thereof to any officer in the service of the
Government or if it appears that any such officer is likely to prove or
disprove the said statement in the defence the Court or officer conducting the
proceedings shall address such officer and adjourn the Court or proceedings
until his reply is received.
(2) The written reply of
any officer so addressed shall, if signed by him, be received in evidence and
have the same effect as if made on oath before the Court or officer conducting
the proceedings.
(3) If the Court martial is
dissolved before receipt of such reply or if it omits to comply with the
provisions of this section, the convening officer may, at his discretion, annul
the proceedings and order a fresh trial by the same or another Court martial.
118. Evidence of
previous convictions and general character.___(1) When any person subject to this Act
has been convicted by a Court martial of any offence, such Court martial may
inquire into, and receive and record evidence of, any previous convictions of
such person, either by a Court martial or by a Criminal Court, and may further
inquire into and record the general character of such person, and such other
matters as may be prescribed.
(2) Evidence received under
this section may be either oral, or in the shape of entries in, or certified
extracts from, service records, and it shall not be necessary to give notice
before trial to the person tried that evidence as to his previous convictions
or character will be received.
(3) At a summary Court
martial, the officer holding the trial may, if he thinks fit, record any
previous convictions against the offender, his general character, and such other
matters as may be prescribed, as of his own knowledge, instead of requiring
them to be proved under the foregoing provisions of this section.
CHAPTER X.___COMFIRMATION
AND REVISION OF FINDING AND SENTENCES.
119. Finding and
sentence not valid unless confirmed. No finding or sentence of a general, district or field
general Court martial shall be valid except in so far as it may be confirmed as
provided by this Act.
120. Power to confirm
finding and sentence of general Court martial. The finding and sentence of a general
Court martial may be confirmed by the 1[Chief
of the Army Staff] or by an officer empowered in this behalf by warrant of
the 1[Chief
of the Army Staff].
121. Power to confirm
finding and sentence of District Court martial. The finding and sentence of a
district Court martial may be confirmed by an officer having power to convene a
general Court martial or by any officer empowered in this behalf by warrant of
any such officer.
122. Limitation of
powers of confirming authority. A warrant issued under section 120 or section 121 may
contain such restrictions, reservations or conditions as the officer issuing it
may think fit.
123. Power to confirm
finding and sentence of field general Court martial. The finding and sentence of a field
general Court martial may be confirmed by the convening officer or 2[,
if it is not practicable for the convening officer to do so by reason of his
absence on leave or otherwise or the convening officer so directs,] by an
authority superior to him.
124. Power of confirming
authority to mitigate, remit or commute sentences. Subject to such restrictions, reservations
or conditions, as may be contained in any warrant issued under section 120 or
section 121, a confirming officer may, when confirming the sentence of a Court
martial, mitigate or remit the punishment thereby awarded, or commute that punishment
for any less punishment or punishments to which the offender might have been
sentenced by Court martial or if
1 Subs. by F.A.O., 1975 Art. 2 and
Sch.
2 Subs. by the
that punishment is death or 1[imprisonment
for life], for any less punishment or punishments mentioned in this Act:
2[Provided that a sentence awarded as hadd under
any Islamic law shall not be so mitigated, remitted or commuted otherwise than
in accordance with such law.],
3* * * * * * *
125. Confirmation of
finding and sentence on board a ship.___When any person subject to this Act is
tried and sentenced by a Court martial while on board a ship the finding and
sentence so far as not confirmed and executed on board the ship may be
confirmed and executed in like manner as if such person had been tried at the
port of disembarkation.
126. Revision of finding
and sentence.___(1) Any finding or sentence of a Court
martial which requires confirmation may be once revised by order of the
confirming officer, and, on such revision, the Court, if so directed by him,
may take additional evidence.
(2) The Court, on revision,
shall consist of the same officers as were present when the original decision
was passed unless any of those officers are unavoidably absent.
(3) In case of such
unavoidable absence, the cause thereof shall be duly recorded in the
proceedings, and the Court shall proceed with the revision, provided that, if a
general Court martial, it still consists of five officers or, if a field
general or District Court martial, of three officers.
127. Finding and
sentence of a summary Court martial. The finding and sentence of a summary Court martial shall
not require to be confirmed, but may be carried out forthwith:
Provided that if the
officer holding the trial is of less than five years’ service, he shall not,
except on active service, carry into effect any sentence
1 Subs. by the
2 Proviso Subs. by the
3 Proviso omitted by Act 51 of 1976,
s. 22.
until it has received the approval of 1[an
officer having power to convene a district court martial].
128. Transmission of
proceedings of a summary Court martial. The proceedings of every summary Court martial shall
without delay be forwarded to 2[an
officer having power to convene a district court martial], and such officer, or
any higher authority, may, for reasons based on the merits of the case but not
on any merely technical grounds, set aside the proceedings or reduce the
sentence to any other sentence which the Court might have passed [ : ]3
3[Provided that a sentence awarded as hadd under
any Islamic law shall not be so mitigated, remitted or commuted otherwise than
in accordance with such law.].
129. Substitution of a
valid finding or sentence for and invalid finding or sentence.___(1) Where a finding of guilty by a Court
martial, which has been confirmed, or which does not require confirmation, is
found for any reason to be invalid or cannot be supported by the evidence, the
authority which would have had power under section 143 to commute the punishment
awarded by the sentence, if the finding had been valid, may substitute a new
finding, if the new finding could have validly been made by the Court martial
on the charge and if it appears that the Court martial must have been satisfied
of the facts establishing the offence specified or involved in the new finding,
and may pass a sentence for the said offence.
(2) Where a sentence passed
by a Court martial which has been confirmed, or which does not require
confirmation, not being a sentence passed in pursuance of a new finding substituted
under subsection (1) is found for any reason to be invalid, the authority
referred to in the subsection may pass a valid sentence.
1 Subs. by the
2 Subs. by the
3 Subs. and added by the
(3) The punishment awarded
by a sentence passed under subsection (1) or subsection (2) shall not be higher
in the scale of punishments than, or in excess of the punishment awarded by,
the sentence for which a new sentence is substituted under this section.
(4) For the purposes of
this Act, any finding or sentence substituted in accordance with this section
for the finding or sentence of a Court martial, and any sentence imposed for an
offence specified or involved in any such substituted finding, shall have
effect as if it was a finding or sentence of a Court martial.
130. Provision in the
case of accused being lunatic.___(1) Whenever, in the course of a trial by
Court martial, it appears to the Court that the person charged is of unsound
mind and consequently incapable of making his defence, or that such person
committed the act alleged but was by reason of unsoundness of mind incapable of
knowing the nature of the act or that it was wrong or contrary to law, the
Court shall record a finding accordingly, and the president of the Court, or
the officer holding the trial as the case may be, shall forthwith report the
case to the confirming officer or, in the case of a Court martial whose
finding does not require confirmation to the prescribed officer.
(2) The confirming officer
to whom a case is reported under subsection (1) may, if he does not confirm
the finding, take steps to have the accused person tried by the same or another
Court martial for the offence with which he was originally charged.
(3) The prescribed officer
to whom a case is reported under subsection (1) and a confirming officer
confirming a finding in any case so reported to him shall order the accused
person to be kept in custody in the prescribed manner, and shall report the
case for the orders of the 1[Federal
Government].
1 Subs. by the
(4) On receipt of a report
under subsection (3), the 1[Federal
Government] may order the accused person to be detained in a lunatic asylum or
other suitable place of safe custody.
(5) Where an accused
person, having been found by reason of unsoundness of mind to be incapable of
making his defence, is in custody or under detention, the prescribed officer
may,---
(a) if such person is in custody under subsection (3), on the
report of a medical officer that he is capable of making his defence, or
(b) if such person is detained in a jail under subsection (4),
on a certificate of the Inspector General of Prisons and if such person is
detained in a lunatic asylum under the said sub-section, on a certificate of
any two or more of the visitors of such asylum that he is capable of making his
defence,
take steps to have such person tried by the same or another Court
martial for the offence with which he was originally charged or, provided that
the offence is a civil offence, by a criminal Court.
(6) Where any person is in
custody under subsection (3) or under detention under subsection (4),---
(a) if such person is in custody under subsection (3), on the
report of a medical officer, or
(b) if such person is detained under subsection (4), on a
certificate from any of the authorities mentioned in clause (b) of subsection
(5), that, in the judgment of such officer or authority, such person may be
released without danger of his doing injury to himself or to any other person,
1 Subs. by the
the 1[Federal
Government] may order such person to be released, or to be detained in custody
or to be transferred to a public lunatic asylum if he has not already been sent
to such an asylum.
(7) Where any relative or
friend of any person who is in custody under subsection (3) or under detention
under subsection (4) desires that he shall be delivered to his care and
custody, the 1[Federal
Government] may, upon the application of such relative or friend and on his
giving security to the satisfaction of the 1[Federal
Government] that the person delivered shall,---
(a) be properly taken care of and prevented from doing injury to
himself or to any other person, and
(b) be produced for the inspection of such authority, and at
such time and places, as the 1[Federal
Government] may direct,
order such person to be delivered to such relative or friend.
(8) A copy of every order
made by the prescribed officer under subsection (5) shall forthwith be sent to
the1[Federal
Government].
131. Remedy against
finding and sentence of Court martial.___(1)
Any person subject to this Act who considers himself aggrieved by the finding
or sentence of a general, field general or district Court martial may submit a
petition, before confirmation of such finding or sentence, to the officer
empowered to confirm it and, after confirmation, to the 1[Federal
Government], or the 2[Chief
of the Army Staff] or to any 3[prescribed
officer who is superior in command to] the one who confirmed such finding or
sentence.
1 Subs. by the
2 Subs. by F.A.O., 1975 Art. 2 and
Sch., for “Commander-in-Chief”.
3 Subs. by the
(2) Any person subject to
this Act who considers himself aggrieved by the finding or sentence of a
summary Court martial may submit a petition to the 1[Federal
Government], or the 2[Chief
of the Army Staff], or any officer empowered to act under section 128.
132. Annulment of
proceedings. The 1[Federal
Government] or the 2[Chief
of the Army Staff] or any prescribed officer may annual the proceedings of any
Court martial on the ground that they are illegal or unjust.
133. Bar of
appeals. No remedy
shall lie against any decision of a Court martial save as provided in this Act,
and for the removal of doubt it is hereby declared that no appeal or
application shall lie in respect of any proceeding or decision of a Court
martial to any Court exercising any jurisdiction whatever 3[except
as provided for in section 133A4[and
Section 133B.]
3[133A. Court of Appeals 4[for Hadd cases].___(1) Any person to whom a court martial has
awarded a sentence of hadd under an Islamic law may, within
sixty days from the date of the sentence, prefer an appeal against the finding
and sentence of the court martial to a Court of Appeals consisting of the Chief
of the Army Staff or an officer, being a Muslim, designated by him in this
behalf, hereinafter referred to as the Court of Appeals 4[for
Hadd cases].
(2) No sentence awarded by
a court martial as hadd under an Islamic law shall be executed
unless it is confirmed by the Court of Appeals 4[for
Hadd cases.]
(3) The Court of
Appeals 4[for
Hadd cases] shall have power to ____
(a) confirm the finding or sentence of both; or
1 Subs. by the
2 Subs. by F.A.O., 1975 Art. 2 and
Sch.
3 Added by the
4 Added and ins. by the
(a) substitute a valid finding or sentence for an invalid
finding or sentence; or
(b) Call any witness for the purpose of recording additional
evidence in the presence of the parties who shall be afforded an opportunity to
put any question to the witness; or
(c) Annual the proceedings of the court martial on the ground
that they are illegal or unjust; or
(d) Order retrial of the accused by a fresh court.
(4) The decision of the
Court of Appeals 1[for
Hadd cases] shall be final and shall not be called in question before any court
or other authority.].
2[133B. Court of Appeals for other
cases. ___(1) Any person to whom a court-martial has
awarded a sentence of death, imprisonment for life, imprisonment exceeding
three months, or dismissal from the service after the commencement of the
Pakistan Army (Amendment) Act, 1992 , may, within forty days from the date of
announcement of finding or sentence or promulgation thereof, whichever is
earlier, prefer an appeal against the finding or sentence to a Court of Appeals
consisting of the Chief of the Army Staff or one or more officers designated by
him in this behalf, presided by an officer not below the rank of Brigadier in
the case of General Court-Martial or Field General Court-Martial convened or
confirmed or counter-signed by an officer of the rank of Brigadier or below as
the case may be, and one or more officer, presided by an officer not below the
rank of Major General in other cases, hereinafter referred to as the Court of
Appeals.
1 Ins. by the
2 Added ibid., s. 4.
Provided that where the
sentence is awarded by the court-martial under an Islamic law, the officer or
officers so designated shall be Muslims:---
Provided further that every
Court of Appeal’s may be attended by a judge advocate who shall be an officer
belonging to the Judge Advocate General’s Department, Pakistan Army, or if no
such officer is available, a person appointed by the Chief of the Army Staff.
(2) A Court of Appeals
shall have power to,---
(a) accept or reject the appeal in whole or in part; or
(b) substitute a valid finding or sentence for an invalid
finding or sentence; or
(c) call may witness, in its discretion for the purpose of
recording additional evidence in the presence of the parties, who shall be
afforded an opportunity to put any question to the witness; or
(d) annual the proceedings of the court-martial on the ground
that they are illegal or unjust; or
(e) order retrial of the accused by a fresh court; or
(f) remit the whole or any part of the punishment or reduce or
enhance the punishment or commute the punishment for any less punishment or
punishments mentioned in this Act.
(3) The decision of a Court
of Appeals shall be final and shall not be called in question before any court
or other authority whatsoever.]
CHAPTER XI. ___EXECUTION
OF SENTENCES
1[134. Form of sentence of Stoming to death
or death.__(1) In awarding a sentence of stoning to
death, a court martial shall direct that the sentence shall be executed in the
manner provided for in the Offence of Zina (Enforcement
of Hudood) Ordinance, 1979.
1Subs. by the
(2) In awarding a sentence
of death, a court martial shall, in its discretion, direct that the offender
shall suffer death by being hanged by the neck until he be dead, or shall
suffer death by being shot to death.
134A. Form of sentence
of amputation of hand, foot or both or whipping. ___(1) In awarding a sentence of amputation
of hand, foot or both a court martial shall direct that the sentence shall be
executed in the manner provided for in the Offences Against Property
(Enforcement of Hudood)) Ordinance, 1979 (V of 1979).
(2) In awarding a sentence
of whipping, a court martial shall direct that the sentence shall be executed
in the manner provided for in the Execution of the Punishment of Whipping
Ordinance, 1979 (IX of 1979).]
135. Commencement of
sentence of imprisonment for life or imprisonment or detention. Whenever any person is sentenced under
this Act to 1[Imprisonment
for life] imprisonment or detention, the term of sentence shall, whether it has
been revised or not, be reckoned to commence on the day on which the original
proceedings were signed by the president or, in the case of summary Court
martial, by the Court.
136. Execution of
sentence of imprisonment for life or imprisonment. Whenever any sentence of1[imprisonment
for life] or 2*
imprisonment is passed under this Act, or whenever any sentence of death so
passed is commuted to 1[imprisonment
for life] or to 2*
imprisonment, the commanding officer of the person under sentence, or such
other officers as may be prescribed, shall forward a warrant in the prescribed
form to the officer-in‑charge of the civil prison in which such person
is to be confined, and shall forward him to such prison with the warrant :
Provided that in the case
of a sentence of 2*
imprisonment for a period not exceeding three months, the confirming officer,
or in the case of a sentence which does not require confirmation, the Court,
may direct that the sentence shall be carried out in military custody:---
1 Subs. by the
2 Omitted by the
Provided further that, on
active service, a sentence of 1 *
imprisonment may be carried out by confinement in such place as the officer
commanding the forces in the field may, from time to time, appoint.
137. Execution of
sentence of imprisonment in special cases. Whenever in the opinion of an officer not
below the rank of brigadier empowered in this behalf by the 2[Chief
of the Army Staff] any sentence or portion of a sentence of imprisonment
cannot, for special reasons, be conveniently carried out in accordance with
provisions of section 136 such officer may direct that such sentence or portion
of sentence shall be carried out by confinement in any civil prison or other
fit place.
138. Execution of sentence
of detention. Where
a sentence of detention is passed under this Act, the person on whom that
sentence has been passed shall undergo the term of his detention either in a
detention barrack or in military custody, or partly in one and partly in the
other, but not in a prison.
139. [Interim custody
of offenders sentenced to transportation] Omitted by the
140. Conveyance of
prisoner from place to place. A person under sentence of 1[stoning
to death, death, amputation of hand, foot or both, imprisonment for life,
imprisonment, whipping] or detention may during his conveyance from place to
place, or when on board a ship for aircraft, be subjected to such restraint as
is necessary for his safe conduct and removal.
141. Communication of
certain orders to civil prison officers. Whenever an order is duly made under this
Act setting aside or varying any sentence, order or warrant under which any
person is confined in a civil prison, a warrant in accordance with such order
shall be forwarded by the prescribed officer to the officer‑in‑charge
of the prison, in which such person is confined.
1 Omitted by the
2 Subs. by F.A.O., 1975 Art. 2 and
Sch.
142. Execution of
sentence of fine. When
a sentence of fine is imposed by a Court martial under this Act, whether the
trial was held within Pakistan or not, a copy of such sentence, signed and certified
by the president of the Court or the officer holding the trial, as the case may
be, may be sent to any magistrate in Pakistan and such magistrate shall
thereupon cause the fine to be recovered in accordance with the provisions of
the Code of Criminal Procedure, 1898 (V of 1898), for the levy of fines as if
it were a sentence of fine imposed by such magistrate.
CHAPTER XII.___PARDONS REMISSIONS AND SUSPENSION
143. Pardons and
remissions.___(1) When any person subject to this Act
has been convicted by a Court martial of any offence, the 1[Federal
Government] or the 2[Chief
of the Army Staff] or any officer not below the rank of brigadier empowered in
this behalf by the 2[Chief
of the Army Staff] may,---
(i) either without conditions or upon any conditions which the
person sentenced accepts, pardon the person or remit the whole or any part of
the punishment awarded; or
(ii) mitigate the punishment awarded or commute such
punishment for any less punishment or punishments mentioned in this Act;
Provided that a sentence
of 3*
* * rigorous imprisonment shall not be commuted for a sentence of detention for
a term exceeding the term of rigorous imprisonment awarded by the court [:]4
4[Provided further that a person to whom a
sentence has been awarded as hadd under in Islamic law shall
not be pardoned, and no such sentence
1 Subs. by the
2 Subs. by F.A.O., 1975, Art. 2 and
Sch.
3 Certain words omitted by the
4 Subs. and added by the
Shall be mitigated remitted or commuted to
any less punishment or punishments, otherwise than in accordance with such
law.].
(2) If any condition on
which a person has been pardoned or a punishment has been remitted is, in the
opinion of the authority which granted the pardon or remitted the punishment,
not fulfilled, such authority may cancel the pardon or remission, and thereupon
the sentence of the Court shall be carried into effect as if such pardon had
not been granted or such punishment had not been remitted:---
Provided that, in the case
of a person sentenced to 1[Imprisonment
for life] 2*
imprisonment, or detention, such person shall undergo only the unexpired
portion of his sentence.
(3) When under the
provisions of subsection (5) of section 62 a non‑commissioned officer is
deemed to be reduced to the ranks, such reduction shall, for the purposes of
this section, be treated as a punishment awarded by sentence of a Court
martial.
144. Suspension of sentence
of transportation, 3[imprisonment,
whipping or detention].____(1)
Where a person subject to this Act has been sentenced by a Court martial
to 1[imprisonment
for life] 3[imprisonment,
whipping] or detention, the 4[Federal
Government], or the 5[Chief
of the Army Staff], or any officer empowered to convene a general or field
general Court martial may suspend the sentence whether or not the offender has
already been committed to prison or custody [ : ]6
7[Provided that a sentence awarded as hadd under
any Islamic law shall not be suspended except while the offender is on active
service nor otherwise than in accordance with such law.].
1 Subs. by the
2 Omitted by the
3 Subs. ibid., s. 25.
4 Subs. by the
5 Subs. by F.A.O., 1975 Art. 2 and
Sch.
6 Subs. by Ordinance, 36 of 1984, s.
25.
7 Added ibid.
(2) The authority or
officer specified in sub-section (1) may in the case of an offender so
sentenced direct that, until the orders of such authority or officer have been
obtained, the offender shall not be committed to prison or custody.
(3) The powers conferred by
subsections (1) and (2) may be exercised in this case of any such sentence
which has been confirmed, mitigated or commuted.
145. Orders pending
suspension.___(1) Where the sentence referred to in
section 144 is imposed by a Court martial other than a summary Court martial
the confirming officer may, when confirming the sentence, direct that the
offender be not committed to prison or to custody until the orders of the
authority or officer specified in section 144 have been obtained.
(2) Where a sentence of
rigorous imprisonment or detention is awarded by a summary Court martial, the
officer holding the trial or the officer authorised to approve the sentence
under the proviso to section 127 may make the direction referred to in
subsection (1).
146. Release on
suspension. Where in
accordance with any order passed under section 144 a sentence is suspended, the
offender shall, whether he has been committed to prison or custody or not, be
released forthwith.
147. Computation of
period of sentence under suspension. Any period during which a sentence is under suspension
shall be reckoned as part of the term of such sentence.
148. Power to set aside
suspension or to order remission. The authority or officer specified in section 144 may, at any time
whilst a sentence is suspended, order,---
(a) that the offender be committed to undergo the unexpired
portion of the sentence; or
(b) that the sentence be remitted.
149. Periodical review
of suspended sentence.___(1) Where a sentence has been suspended,
the case may at any time and shall, at intervals of not more than four months
be reconsidered by the authority or officer specified in section 144 or by an
officer not below the rank of field officer duly authorised in this behalf by
the authority or officer specified in section 144.
(2) Whereon such
reconsideration by the officer authorised in this behalf under subsection (1),
it appears to him that the conduct of the offender since his conviction has
been such as to justify a remission of the sentence, he shall refer the case to
the authority or officer specified in section 144.
150. Procedure on
further sentence of offender whose sentence is suspended. Where an offender, while a sentence on him
is suspended, is sentenced for any other offence, then,---
(a) if the further sentence is also suspended under this Act,
the two sentences shall run concurrently;
(b) if the further sentence is for a period of three months or
more and is not suspended under this Act, the offender shall also be committed
to prison or military custody on the unexpired portion of the previous
sentence, but both sentences shall run concurrently; and
(c) if the further sentence is for a period of less that three
months and is not suspended under this Act, the offender shall be committed on
that sentence only, and the previous sentence shall, subject to any order which
may be passed under section 148 or 149 continue to be suspended.
151. Scope of power of
suspension. The
powers conferred by section 144 or section 148 shall be in addition to and not
in derogation of the powers of mitigation, remission or commutation of
sentences.
152. Effect of
suspension on dismissal.___(1)
Where in addition to any other sentence, the punishment of dismissal has been
awarded by a Court martial, and such other sentence is suspended under section
144 then, such dismissal shall not take effect until so ordered by the
authority or officer specified in section 144.
(2) If such other sentence
is remitted under section 148 the punishment of dismissal shall also be
remitted.
CHAPTER XIII.___PROPERTY
OF DECEASED PERSONS, DESERTERS AND LUNATICS.
153. Property of
deceased persons and deserters other than officers. The following provisions are enacted
respecting the disposal of the property of every person subject to this Act,
other than an officer, who dies or deserts:---
(1) The commanding officer
of the corps, unit or detachment to which the deceased person or deserters
belonged1[or
the officer commanding a station where the deceased person or deserter left his
belongings before moving to field or operational area or before deserting]
shall secure all the removable property belonging to the deceased or deserter
that is in camp or quarters, and cause an inventory thereof to be made, and
draw any pay and allowances due to such person.
(2) In the case of a
deceased person who has left in a bank (including any post office savings
bank, however named) a deposit not exceeding one thousand rupees, the
commanding officer 2[or
the officer commanding the station] may, if he thinks fit, require the agent,
manager or other
1 Ins. by the
2 Ins. by the
proper officer of the bank to pay the
deposit to him forthwith, and such agent, manager or other officer shall comply
with the requisition notwithstanding anything in the rules of the bank; and
after the payment thereof in accordance with such requisition, no person shall
have any right in respect of the deposit except as hereinafter provided.
(3) In the case of a
deceased person whose representative, widow or next of kin is on the spot and
has given security for the payment of regimental or other debts in camp or
quarters, if any, of the deceased, the commanding officer 1[or
the officer commanding the station] shall deliver over any property received
under clauses (1) and (2) to that representative, widow or next of kin as the
case may be, and shall not further interfere in relation to the property of the
deceased.
(4) In the case of deceased
person whose estate is not dealt with under clause (3), and in the case of any
deserter, the commanding officer 1[or
the officer commanding the station] shall cause such of the movable property as
does not consist of money to be sold by public auction, and shall pay the
regimental and other debts in camp or quarters if any, and in the case of a
deceased person, the expenses of his funeral, ceremonies, from the proceeds of
the sale and from any pay and allowances drawn under clause (1) and from the
amount of the deposit, if any, received under clause (2).
(5) The surplus, if any,
shall, in the case of a deceased person, be paid to his representative, widow
or next of kin, if any, or in the event of no claim
1Ins. by the
to such surplus being established, within
twelve months after the death then the same shall be remitted to the prescribed
person:---
Provided that the remission
shall not bar the claim of any person to such surplus or any part thereof.
(6) In the case of a
deserter, the surplus, if any, shall be forthwith remitted to the prescribed
person and shall, on the expiry of three years from the date of his desertion,
be forfeited to the State unless the deserter shall in the meantime have
surrendered or been apprehended.
(7) The decision of the
commanding officer 1[or
the officer commanding the station] as to what are the regimental and other
debts in camp or quarters of a deceased person or a deserter or as to the
amount payable therefor shall be final.
154. Disposal of certain
property without production of probate, etc. Property deliverable and money payable to the
representative, widow or next of kin of a deceased person under section 153
may, if the total value or amount thereof does not exceed one thousand rupees,
and if the prescribed person thinks fit, be delivered or paid to any one of
them who appears to be entitled to receive it or to administer the estate of
deceased, without requiring the production of any probate, letters of
administration, succession certificate or other such conclusive evidence of
title 2[:]
2[Provided that when the deceased person
was attched to or formed part of, a force which was not on active service, the
commanding officer shall obtain from the representative, widow or next of kin
of the deceased to whom the amount as aforesaid is
1 Ins. by the
2 Subs. and added by the
paid an undertaking to the effect that the
amount left after payment of debts, if any, shall be distributed amongst the
legal heirs of the deceased.]
155. Discharge of
commanding officer prescribed person and the Government. Any payment of money or delivery,
application sale or other disposition of any property made, or in good faith
purported to be made, by the commanding officer 1[or
the officer commanding the station] or the prescribed person in pursuance of
section 153 or 154 shall be valid and shall be a full discharge to those
ordering or making the same and to the Government from all further liability in
respect of the property or money, but nothing herein contained shall effect the
rights of any executor or administrator or other representative, or of any
creditor of a deceased person against any person to whom such delivery or
payment has been made.
156. Application of
sections 153 to 155 to lunatics, etc. The provisions of sections 153 to 155 shall, so far as
they can be made applicable, apply in the case of a person subject to the Act,
other than an officer, who notwithstanding anything contained in the Lunacy
Act, 1912(IV of 1912), is ascertained in the prescribed manner to be insane, or
who, being on active service, is officially reported missing, as if he had died
on a day on which his insanity is so ascertained or, as the case may be, on the
day on which he is officially reported missing :
Provided that in the case
of a person so reported missing no action shall be taken under clauses (2) to
(5) of section 153 until he is officially presumed to be dead.
157. Property of
Officers. The
provisions of sections 158 to 163, inclusive, shall apply to the disposal of
the property of officers subject to this Act who die or desert.
158. Powers of Committee
of adjustment.___(1) On the death or desertion of an
officer, A Committee of Adjustment appointed in this behalf in the manner
prescribed (hereinafter referred to as the committee) shall, as soon as may
be, subject to the rules made in this behalf under this Act,---
1 Ins. by the
(a) secure all movable property belonging to the deceased or
deserter that is in camp or quarters and cause an inventory thereof to be made
and ascertain the pay and allowances, if any, due to him; and
(b) ascertain the amount, and provide for the payment of the
regimental and other debts in camp or quarters, if any, of the deceased or
deserter.
(2) In the case of a
deceased officer whose representative, widow or next of kin has given security
to the satisfaction of the committee for the payment of the regimental and
other debts in camp or quarters if any, of the deceased, the committee shall
deliver any property received by it under subsection (1) to that
representative, widow or next of kin and shall not further interfere in
relation to the property of the deceased.
(3) In the case of a
deceased officer, the committee, save as may be prescribed, shall, if it
appears necessary for the payment of the regimental and other debts in camp or
quarters, and the expenses, if any, incurred by the committee, collect all
moneys left by the deceased in any bank (including any post office savings
bank, however named) and for that purpose may require the agent, manager or
other proper officer of the bank to pay the moneys to the committee forthwith,
and such agent, manager or other officer shall comply with the requisition
notwithstanding anything in any rules of the bank; and when any money has been
paid in compliance with the requisition under this subsection, no person shall
have a claim against the bank in respect of such money.
(4) In the case of a
deceased officer, whose estate has not been dealt with under subsection (2) and
in the case of a deserter the committee, save as may be prescribed, shall, for
the purpose of paying the regimental and other debts in camp or quarters, and
may in any other case, sell or convert into money such of the movable property
of the deceased or deserter as does not consist of money.
(5) The committee shall,
out of the money referred to in subsections (3) and (4), pay the regimental
and other debts in camp or quarters, if any, of the deceased or deserter and,
in the case of a deceased, also the expenses of his last illness and funeral.
(6) In the case of a
deceased officer the surplus, if any, shall be remitted to the prescribed
person.
(7) In the case of an
officer who is a deserter, the surplus, if any, shall be forthwith remitted to
the prescribed person and shall, on the expiry of three years from the date of
his desertion, be forfeited to the State, unless the deserter shall in the
meantime have surrendered or been apprehended.
(8) If, in any case, a
doubt or difference arises as to what are the regimental and other debts in
camp or quarters of a deceased officer or a deserter or as to the amount
payable therefor, the decision of the prescribed person shall be final.
(9) For the purposes of the
exercise of its duties under this section, the committee shall, to the
exclusion of all authorities and persons shomsoever, have the same rights and
powers as if it had taken out representation to the deceased, and any receipt
given by the committee shall have effect accordingly.
159. Disposal of surplus
by the prescribed person. On receipt of the surplus referred to in subsection (6) of section
158 the prescribed person shall proceed as follows:___
(1) If he knows of a
representative, widow or next of kin of the deceased he shall pay the surplus
to that representative, widow or next of kin;
(2) If he does not know of
any such representative, widow or next of kin he shall publish every year a
notice in the prescribed form and manner for six consecutive years. If no claim
to the surplus is made by a representative, widow or next of kin of the
deceased within six months after the publication of the last of such notices,
the prescribed person shall deposit surplus together with any income or
accumulation of income accrued therefrom to the credit of the 1[Federal
Government]:---
Provided that such deposit
shall not bar the claim of any person to such surplus or any part thereof.
160. Disposal of certain
property without production of probate, etc. Property deliverable and money payable to the
representative, widow or next of kin of a deceased officer under section 158 or
section 159 may, if the total value thereof does not exceed two thousand
rupees, and if the prescribed person thinks fit, be delivered or paid to any
one of them who appears to him to be entitled to receive it or to administer
the estate of the deceased, without requiring the production of any probate,
letters of administration, succession certificate or other such conclusive
evidence of title [:]2
2[Provided that when the deceased officer
was attached to or formed part of, a force which was not on active service the
commanding officer shall obtain from the representative widow or next of kin of
the deceased to whom the amount as aforesaid is paid an undertaking to the
effect that the amount left after payment of debts, if any, shall be
distributed among the legal heirs of the deceased.]
161. Discharge of
committee, prescribed person and the Government. Any payment of money or delivery,
application, sale or other disposition of any property made, or in good faith
purported to be made, by the committee or the prescribed person in pursuance of
section 158, section 159 or section 160 shall be valid shall be a full
discharge to those ordering or making the same and to the Government from all
further liability in respect of the property of money; but nothing in this
section shall affect the rights of any executor or administrator or other
representative, or of any creditor of the deceased officer against any person
to whom such delivery or payment has been made.
1Subs. by the
2 Subs. and added by the
162. Property in the
hands of the committee or the prescribed person not to be assets at the place
where the committee or the prescribed person is stationed. Any property coming under section 158 into
the hands of the committee or the prescribed person shall not, by reason of so
coming be, deemed to be assets or effects at the place in which that committee
or prescribed person is stationed and it shall not be necessary by reason
thereof that representation be taken out in respect of that property for that
place.
163. Saving of rights of
representative. After the
committee has deposited with the prescribed person the surplus of the property
of any deceased officer under subsection (6) of section 158 any representative
of the deceased shall, as regards any property not collected by the committee
and not forming part of the aforesaid surplus, have the same rights and duties
as if section 158 had not been enacted.
164. Applications of
sections 158 to 163 to lunatics, etc. The provisions of sections 158 to 163 shall so far as they
can be made applicable apply in the case of an officer who notwithstanding
anything contained in the Lunacy Act, 1912 (IV of 1912) is ascertained in the
prescribed manner, to be insane or who, being on active, service is officially
reported missing, as if he had died on the day on which his insanity is so
ascertained or, as the case may be, on the day on which he is officially
reported missing:---
Provided that, in the case
of an officer so reported missing, no action shall be taken under subsections
(2) to (5) of section 158 until such time as he is officially presumed to be
dead.
165. Appointment of
standing committee of adjustment when officers die or desert while on active
service.When an officer
dies or deserts while on active service, the references in the foregoing
section of this Chapter to the committee shall be construed as references to
the Standing Committee of Adjustment, if any, appointed in this behalf in the
manner prescribed.
166. Interpretations. For the purposes of this Chapter:---
(1) a person shall be
deemed to be a deserter if he without authority has been absent from duty for a
period of1[Thirty
days] and has not subsequently surrendered or been apprehended;
(2) the expression
“regimental and other debts in camp or quarters” includes money due as military
debts, namely, sums due in respect of, or of any advance in respect of,---
(a) quarters;
(b) mess, band and other regimental accounts;
(c) military clothing, appointments and equipment, not exceeding
a sum equal to six months' pay of the deceased and having become due within
eighteen months before his death.
(3) “representation”
includes probate and letter of administration with or without the will annexed,
and a succession certificate, constituting a person the executor or
administrator of the estate of a deceased person or authorising him to receive
or realize the assets of a deceased person;
(4) “representative” means
any person who has taken out representation.
CHAPTER XIV.___MISCELLANEOUS
PRIVILEGES
167. Complaint against
Officers.___(1)
Any person subject to this Act, other than an officer, who deems himself
wronged by any superior or other officer, may, if not attached to a
1Subs. by the
unit, troop or company, complain to the
officer under whose command or orders he is serving; and may if attached to a
unit, troop or company, complain to the officer commanding the same.
(2) When the officer
complained against is the officer to whom any complaint should under subsection
(1), be preferred the aggrieved person may complain to such officer’s next
superior officer.
(3) Every officer receiving
such complaint shall examine into it for giving full redress to the complainant
or, when necessary refer it to superior authority.
(4) Every such complaint
shall be preferred in such manner and through such channels as may from time to
time be specified by proper authority.
(5) The 1[Federal
Government] may revise any decision by the 2[Chief
of the Army Staff] under subsection (2), but otherwise the decision of
the 2[Chief
of the Army Staff] shall be final.
168. Complaint by Officers. Any officer who deems himself wronged by
his commanding officer or any superior officer and who, on due application made
to his commanding officer, does not receive the redress to which he considers
himself entitled, may complain to the 1[Federal
Government] in such manner and through such channels as may from time to time
be specified by proper authority.
169. Privileges of
person attending Courts martial.___(1)
No president of Member of a Court martial, no Judge Advocate, no party to any
proceedings before a Court martial, or his legal practitioner or agent, and no
witness acting in obedience to a summons or order to attend a Court martial
shall, while proceeding to, attending, or returning from, a Court martial, be
liable to arrest under civil or revenue process.
1 Subs. by the
2 Subs. by F.A.O., 1975, Art. 2 and
Table for “Commander-in-Chief”.
(2) If any such person is
arrested under any such process, he shall be discharged by order of the Court
martial.
170. Exemption from
arrest for debt.___(1) No person subject to this Act shall,
so long as he belongs to the Pakistan Army, be liable to be arrested for debt
under any process issued by, or by the authority of, any civil or revenue Court
or Revenue Officer.
(2) The judge of any such
Court or the said officer shall examine into any complaint made by any such
person or his superior officer of the arrest of such person contrary to the
provisions of this section, and shall, by warrant under his hand, discharge the
person, and award reasonable costs to the complainant, who may recover those
costs in like manner as he might have recovered costs awarded to him by a
decree against the person obtaining the process.
(3) For the recovery of
such costs no Court fee shall be payable by the complainant.
171. Property exempted
from attachment. Neither
the arms, clothes, equipment, accoutrement or necessaries of any person subject
to this Act, nor any animal used by him for the discharge or his duty, shall be
seized, nor shall the pay and allowances of any such person or any part thereof
be attached, by direction of any civil or Revenue Court or any revenue officer,
in satisfaction of any decree or order enforceable against him.
172. Application of the
last two foregoing sections to reservists. Every person belonging to any of the categories of the
Reserves of the Pakistan Army constituted under the Pakistan (Army and Air
Forces) Reserve Act, 1950 (XLVII of 1950), shall, when called out or engaged upon
returning from, training or service, be entitled to all the privileges accorded
by sections 170 and 171 to a person subject to this Act.
173. Priority of hearing
by Courts of cases in which persons subject to this Act are concerned.___(1) On the presentation to any Court by or
on behalf of any person subject to this Act of a certificate from the proper
authority, that leave of absence has been granted to him or has been applied
for by him for the purpose of prosecuting or defending any suit or other
proceeding in such Court, the Court shall, on the application of such person,
arrange as far as may be possible, for the hearing and final disposal of such
suit or other proceeding within the period of leave so granted or applied for.
(2) The certificate from
the proper authority shall state the first and the last day of leave or
intended leave, and shall set forth a description of the case with respect to
which the leave was granted or applied for.
(3) No fee shall be payable
to the Court in respect of the presentation of any such certificate, or in
respect of any application by or on behalf of any such person for priority for
the hearing of his case.
(4) Where the Court is
unable to arrange for the hearing and final disposal of the suit or other
proceeding within the period of such leave or intended leave as aforesaid, it
shall record its reasons for such inability and shall cause a copy thereof to
be furnished to such person on his application without any payment whatever by
him in respect of the application for such copy or of the copy itself or
otherwise.
(5) If in any case a
question arises as to the proper authority qualified to grant such certificate
as aforesaid such question shall be at once referred by the Court to the
officer commanding the corps or unit concerned, whose decision shall be final.
174. Order for custody
and disposal of property pending trial in certain cases. When any property regarding which any
offence appears to have been committed, or which appears to have been used for
the commission of any offence, is produced before a Court martial during a
trial, the Court may make such order as it thinks fit for the proper custody of
such property pending the conclusion of the trial and, if the property is
subject to speedy or natural decay, may, after recording such evidence as it
thinks necessary, order it to be sold or otherwise disposed of.
175. Order for disposal
of property regarding which offence committed.__(1) After the conclusion of a trial before
a Court martial, the Court or the officer confirming the finding or sentence of
such Court martial, or any authority superior to such officer, or, in the case
of the trial by summary Court martial, 1[an
officer having power to convene a district court martial], may make such order
as it or he thinks fit for the disposal by destruction, confiscation, delivery
to any person claiming to be entitled to possession thereof or otherwise of any
property or document produced before the Court or in its custody, or regarding
which any offence appears to have been committed or which has been used for the
commission of any offence.
(2) Where any order has
been made under subsection (1) in respect of property regarding which an
offence appears to have been committed, a copy of such order signed and
certified by the authority making the same may, whether the trial was held
within Pakistan or not, be sent to a magistrate in any district in which such
property for the time being is, and such magistrate shall thereupon cause the
order to be carried into effect as if it was an order passed by such magistrate
under the provisions of the Code of Criminal Procedure, 1898 (V of 1898).
Explanation.____In this section the term “property”
includes in the case of property regarding which an offence appears to have
been committed, not only such property as has been originally in the possession
on under the control of any person, but also any property into or for which the
same may have been converted or exchanged, and anything acquired by such
conversion or exchange whether immediately or otherwise.
1 Subs. by the
CHAPTER XV.___RULES
176. Powers to make
rules.___(1) The 1[Federal
Government] may make rules 2for
the purpose of carrying into effect the provisions of this Act.
(2) Without prejudice to
the generality of the power conferred by subsection (1), such rules may provide
for,---
(a) the retirement, release, discharge, removal or dismissal
from the service of persons subject to this Act;
(b) the specification of punishments which may be awarded as
field punishments under sections 23 and 61;
(c) the assembly and procedure of Courts of inquiry 3[the
recording of summaries of evidence and the abstracts of evidence] and the
administration of oaths and affirmations by such Courts;
(d) the convening and constitution of Courts martial 4[and
the court of Appeals];
(e) the adjournment, dissolution and sittings of Courts
martial 4[and
the Court of Appeals];
(f) the procedure to be observed in trials by Courts
martial 5[and
the Court of Appeals], and the qualification of legal practitioners who appear
thereat;
(g) the confirmation, revision and annulment of, and petitions
against, the findings and sentences of Courts martial;
1 Subs. by the
2 For the Pakistan Army Act Rules,
1954, see Gaz. of Pak., 1955, Ext., pp. 251-388.
3 Ins. by the
4 Added by the
5 Ins. ibid.
(h) the carrying into effect of sentences of
Court martial 1[and
the Court of Appeals];
(i) the forms and orders to be made under the provisions of this
Act relating to Courts martial 2[and
the court of Appeals] and sentences of 3[stoning
to death, death, amputation of hand, foot or both, imprisonment for life,
imprisonment, detention or whipping];[1]
(j) the constitution of authorities to decide for what persons,
to what amounts and in what manner provision should be made for dependants
under section 71 and the due carrying out of such decisions;
(k) the relative rank of, and powers of
command to be exercised by, officers, junior commissioned officers, warrant
officers, petty officers and non‑commissioned officers of the Pakistan
Army, Navy and Air Force, when acting together;
(l) deductions on account of public and regimental debts from
the pay and allowances of persons subject to this Act; and
(m) any matter in this Act directed to be
prescribed.
(3) All rules made under
this Act shall be published in the Official Gazette and, on such publication
shall have effect as if enacted in this Act.
4[176A. Power to make regulations. The 5[Federal
Government] may make regulations for the governance, command, discipline,
recruitment, terms and conditions of service, rank, precedence, and
administration of the
1Added by the
2 Ins. ibid.
3 Subs. ibid.
4New section 176A ins. by the
5 Subs. by the
Army and generally for all or any of the
purposes of this Act, other than those in respect of which rules have been made
under section 176.
1[176B. Reference to Commander-in-Chief in
other laws.___Reference in any law, and in any rule,
regulation, bye-law, notification, order, warrant, bond, document or other
instrument made or issued under any law, to the “Commander-in-Chief” in
relation to the Pakistan Army shall be construed as reference to the Chief of
the Army Staff.
176C. Delegation of
powers of the Chief of the Army Staff. ___2[(1) If at any time the Federal Government
considers it necessary to do so for any reason, the Federal Government may, by
order in writing, authorise the officer appointed as 3[Vice
Chief of the Army Staff or, Deputy Chief of the Army Staff] to exercise and
perform such of the powers and functions vested in the Chief of the Army Staff
under any law, rules, regulations, order or instruction for the time being in
force as may be so specified; and any such order may be made so as to have
retrospective effect from any day not preceding the twenty-fourth day of June,
1978].
(2) 3[The
Vice Chief of the Army Staff or, as the case may be, the] Deputy Chief of the
Army Staff shall exercise the powers and perform the functions conferred upon
him under sub-section (1) in accordance with such general or special direction
as may be given in that behalf by the Federal Government.
1 Ins. by the
2 Subs. by the
3 Subs. by the
176D. Validation. Any power or function of the
Commander-in-Chief, Pakistan Army, which has been exercised or performed by the
Chief of Staff of the Pakistan Army or the Chief of the Army Staff or by an
acting Chief of Staff of the Pakistan Army or by an acting Chief of the Army
Staff or by an officer under the command or the authority of any of them at any
time on or after the third day of March, 1972, and before the commencement of
the Pakistan Army (Amendment) Act, 1976, shall be deemed to have been validly
exercised or performed as if the Chief of Staff of the Pakistan Army, or the
Chief of the Army Staff or the acting Chief of Staff of the Pakistan Army or
the acting Chief of the Army Staff or such other officer as aforesaid, as the
case may be, were duly authorised to exercise such power or perform such
function.].
177. [Repeals.] Omitted
by the Federal Law (Revision and Declaration) Ordinance, 1981 (27 of
1981), s. 3 and 2nd Sch.
____
Chapter XVI. [Transitory Provisions] Omitted
by the
____
[The Schedule]. ___ Omitted
by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.
3 and Sch. II.
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