Updated: Wednesday November 27, 2013/AlArbia'a
Muharram 24, 1435/Budhavara
Agrahayana 06, 1935, at 02:03:03 PM
[1][1]The
(Act
XXIII of 1867)
C O N T E N T S
Sections
1. Power to extend Act
to any part of the
2. Punishment
of fanatics murdering or attempting to murder.
3. [Repealed].
4. Forfeiture of
property of fanatics killed in committing outrages punishable under Act.
5. Trial before
Sessions Judge or Commissioner.
6. Trial to be with
aid of assessors.
7. What the judgment
is to specify.
8. Disposal of bodies
of criminals.
9. Proceedings to be
reported to Provincial Government.
10. No appeal from
orders or sentences under Act.
11. Procedure in cases
not contemplated by Act.
12. Provincial
Government’s powers as to confinement of persons under Act.
13. Power of
Magistrate as to persons suspected.
14. Exercise
of jurisdiction conferred by Act.
15. Power
to withdraw cases from operation of Act.
16. Power
of High Court to issue circular orders — Publication of such orders.
17. [Repealed].
The
(Act XXIII of 1867)
[
An
Act for the suppression of murderous outrages
in
certain districts of [3][3][the
Preamble.— WHEREAS in certain districts of [4][4][the
1. Power to
extend Act to any part of the Punjab.— It shall be lawful for the [6][6][Provincial Government] [7][7][* * *] [8][8][* * *] by a proclamation published in the official
Gazette, from time to time to declare any part or parts of the territories [9][9][within the Punjab] to be subject to the operation of all
or any of the provisions of this Act, and also, by such proclamation [10][10][* * *] as aforesaid, from time to time to
withdraw from the operation of such provisions any part or parts of the said
territories, [11][11][it] may have previously declared to be subject
thereto, and in like manner, as occasion shall require, to subject the same
part or parts again to the operation of the same provisions or of any of them.
2. Punishment of fanatics murdering or
attempting to murder.— Any
fanatic who shall murder or who shall, within the meaning of the Pakistan Penal
Code[12][12], section 307, attempt to murder any servant
of the [13][13][State] or other person, shall, on conviction
thereof, be punished either with death or with transportation for life, and all
his property shall be forfeited to Government.
3. [Offences under the Act to be
offences within meaning of Penal Code]. Repealed
by the Repealing Act, 1874 (XVI of 1874),
section 1 and Schedule, pt. 1.
4. Forfeiture of property of fanatics
killed in committing outrages punishable under Act.— Whenever any fanatic shall be killed in the
act of committing any such offence, as aforesaid, or, being wounded and taken
prisoner in the act of committing any such offence as aforesaid, shall
afterwards die of his wounds, it shall be competent to the [14][14][Sessions Judge or Commissioner] who under
the provisions hereinafter contained, would have had cognizance of the offence
if the offender could have been brought to trial, to proceed to hold an inquest
into the circumstances of the death of the offender, and on proof of his having
been killed as aforesaid, or of his having died of wounds received as aforesaid
to adjudge that the whole of his property shall be forfeited to Government and
to dispose of his body as such [15][15][Sessions Judge or Commissioner] shall think
fit.
5. Trial before Sessions Judge or Commissioner.— Subject to the provision contained in
section 14 of this Act, any offence triable under this Act shall be tried by
the [16][16][Sessions Judge or Commissioner] of the
division in which it has been committed; and, in respect of all such offences, the
[17][17][Sessions Judge or Commissioner] shall follow
the procedure prescribed for a Magistrate by section 149, Chapter XVII, and the
provisions applicable to warrant-cases of the Code of Criminal Procedure:
Provided
that, if he shall be of opinion that any witness or evidence is offered for the
purpose of vexation or delay, or of defeating the ends of justice, he may
require the accused person to satisfy him that there are reasonable grounds for
believing that such witness or evidence is material, and, if the [18][18][Sessions Judge or Commissioner] be not so
satisfied, he shall not be bound to summon the witness or examine the evidence
so offered.
6. Trial to be with aid of assessors.— Trials under this Act before the [19][19][Sessions Judge or Commissioner] shall be
conducted with the aid of two or more assessors as members of the Court.
The
[20][20][Sessions Judge or Commissioner] may appoint
such persons other than persons specified in section 405 of the Code of
Criminal Procedure at such time and in such manner as he may think fit to serve
as assessors, and no persons shall be exempt, within the meaning of section 406
of the same Code, from serving as such assessors.
The
provisions of the Code of Criminal Procedure shall, save as aforesaid, apply to
assessors appointed under this section.
7. What the
judgment is to specify.— When any trial under this Act is concluded, if the
accused person be convicted, it shall be sufficient if the Court, in passing
judgment and in recording the finding and sentence, shall specify the offence
of which he is convicted, and the Court shall immediately issue a warrant to
the officer incharge of the jail in which the prisoner is confined to cause the
sentence to be carried into execution, and such sentence shall be carried into execution
accordingly.
No
sentence of death passed under this Act shall require confirmation by any
Court.
8. Disposal of bodies of criminals.— When any person shall be sentenced to death
under this Act, his body shall be disposed of as the [21][21][Sessions Judge or Commissioner] by whom he
was so sentenced shall direct.
9. Proceedings to be reported to
Provincial Government.— The
proceedings in every trial held under this Act shall be reported to the [22][22][Provincial Government], without unnecessary
delay, by the officer before whom such trial shall have been held.
10. No appeal from orders or sentences under
Act.— Notwithstanding
anything contained in the Code of Criminal Procedure, or [23][23][in any other enactment for the time being in
force] no appeal shall lie from any order or sentence under this Act.
11. Procedure in
cases not contemplated by Act.— If any [24][24][Sessions Judge or Commissioner] in whom
jurisdiction is vested by this Act shall be of opinion that the accused person
has committed an offence punishable under the Pakistan Penal Code[25][25], but that such offence is not contemplated by the
preamble to this Act, the offender shall be dealt with in manner provided in
such case by the Code of Criminal Procedure.
12. Provincial Government's powers as to confinement
of persons under Act.— The
said [26][26][Provincial Government] shall have, with
respect to the confinement of any person charged with or suspected of an
intention to commit any offence punishable under this Act, the powers which are
vested in the [27][27][Federal Government] by any law regarding the
confinement of persons charged with or suspected of State offences; and the
provisions of any such law shall, mutatis
mutandis, be applicable to all cases in which the [28][28][Provincial Government] shall proceed under
the authority of this section.
13. Power of
Magistrate as to persons suspected.— Any person having the full powers of a
Magistrate may cause any person, against whom there are in his judgment grounds
of proceeding under the last preceding section, to be apprehended, and, after
such inquiry as he may think necessary, may detain such person in safe custody
until he shall have received the orders of the said [29][29][Provincial Government] to whom, in all such
cases, he shall report his proceeding without unnecessary delay.
14. Exercise of jurisdiction conferred by Act.— The jurisdiction conferred by this Act on [30][30][Sessions Judge or Commissioner] may be
exercised, in the case of any offence punishable under this Act, by any person
having the full powers of a Magistrate whom the [31][31][Sessions Judge or Commissioner] to whom he
may be subordinate, or the said [32][32][Provincial Government], shall after the
commission of such offence, specially invest with such jurisdiction.
15. Power to withdraw cases from operation of
Act.— It shall be lawful of
the said [33][33][Provincial Government] either on [34][34][its] own motion or at the request of the [35][35][High Court at
16. Power of [36][36][High
Court] to issue circular orders — Publication of such orders.— With the previous consent of the said [37][37][Provincial Government], but not otherwise,
the said [38][38][High Court] may, from time to time, make and
issue circular order for the guidance of officers in cases under this Act:
provided that such orders are consistent with the provisions herein contained.
All
such orders shall be published in the official Gazette, and shall be obeyed by
the officers aforesaid.
17. [Expiration
of Act]. Rep. by the Amending Act, 1891 (XII of 1891).
[1][1]Short title given by the Amending Act, 1903 (I of 1903).
[2][2]Short title given by the
Amending Act, 1903 (I of 1903).
For statement
of objects and reasons, see Gazette
of India, dated 5th January, 1867; for Proceedings in Council, see ibid., Supplement, dated 12th
January, 1867, pp. 3 and 5; 16th February, p. 73; 23rd February, p. 131 ; 2nd
March, pp. 147 and 154 ; and 23rd March, pp. 233 and 241.
[3][3]Substituted by Federal
Adaptation Order (P.O. 4), 1975.
[4][4]Ibid.
[5][5]Substituted by the Central
Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), for “Queen” (with effect from
[6][6]Substituted by the Government
of
[7][7]The words, “of [the
[8][8]The words, “with the previous
consent of the G.G. of India in Council,” repealed by The Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[9][9]Substituted by Ordinance XXVI
of 1960, (with effect from
[10][10]The words, “and with such
consent”, repealed by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[11][11]Substituted ibid., for “he”.
[12][12]XLV of 1860.
[13][13]Substituted by the Central
Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), for “Queen” (with effect from
[14][14]Substituted by the
[15][15]Substituted by the
[16][16]Ibid.
[17][17]Ibid.
[18][18]Ibid.
[19][19]Ibid.
[20][20]Ibid.
[21][21]Substituted by the
[22][22]Substituted by the Government
of
[23][23]Substituted
by the Amending Act 1891 (XII of 1891), for “the
[24][24]Substituted by the
[25][25]XLV of 1860.
[26][26]Substituted by the Government
of
[27][27]Ibid.,
for “G.G. of
[28][28]Ibid.,
for “Lieutenant-Governor”.
[29][29]Ibid.
[30][30]Substituted by the
[31][31]Ibid.
[32][32]Substituted by the Government
of
[33][33]Substituted by the Government
of
[34][34]Ibid.,
for “his”.
[35][35]Substituted by the Adaptation
of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), for “Chief Court
of the
[36][36]Ibid.,
for “
[37][37]Substituted by the Government
of
[38][38]Substituted by the Adaptation
of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), for “
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