EXTRAORDINARY. PUBLISHED BY AUTHORITY ISLAMABAD, FRIDAY, APRIL 11, 1997 PART I Acts, Ordinances, President's Orders and Regulations SENATE SECRETARIAT Islamabad, the 1th April, 1997 ‘The following Act of Majlis'e-Shoora (Parliament) received the assent of the President on the 10th April, 1997, is hereby published for general informa tion: — Act No. IL or 1997 An Act further to amend the Pakistan Penal Code, 1860, and the Code of Criminal Procedure, 1898 ‘Wunrcas it is expedient further to amend the Pakistan Penal Code, 1860 (Act XLV of 1860), and the Code of Criminal Proeedure, 1898 (Act V of 1898), to bring them in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah ; a It ig hereby enacted as follows -— 1, Short title and commencement.(1) This Act may be called the Criminal Law (Amendment) Act, 1997, 83) Price : Rs. 30.50 1753097) Ex. Gaz.)THE GAZETTE OF PAKISTAN, EXTRA, APRIL |, 1997 __ [Pak T (2) Tr shall come into force at once. Substitution of section $3, Act XLV of 1860,—In the Pakistan Pe 7, Ly .=In the Pakistan Pena Code, 1860 (Act XLV of 1860), hereinafter referred to as the Penal Code, for section 52, the following shall be substituted, namely -— Punishments.—The punishments to which offenders are Hiable under ‘he provisions of this Code are,— Firstly, Qisas > Secondly, — Diyat Thirdly, Arsh: Fourthly, — Daman Finhly, — Ja'zirs Sixthly, Death ; Seventhly, Lunprisonment for life Eighthly, —_Innprisonment which is of wo descriptions, namely Gi) Rigorous i, with hard labour Gi) Simple ; Ninthly, Forfeiture of property: Tenthly, Fine, 3}. Amendment of section $4, Act XLV of 1860.-In the Penal Code in section 54, for the full stop at the end 2 colon shall be substituted and thereafter the following proviso shall be added, namely “Provided that, in a ¢: +h sentence of death shall have been passed against an offender convieted for an offence of gath st sentence shall nol be commuted without the consent of the helrs of the victim.” 4. Amendment of section 35, Act XLV of 1860.—In the Penal Code, in section 55, for the fall stop at the end a colon shall be substituted and thereafter ite following praviso shall be added. namely ;— “Provided that, in a case in which sentence of Imprisonment for life shall have been passed against an offender convicted for an offence punishable under Chapier XVI, such punishment shall netPawet) ‘THE GAZETTE OF PAKISTAN, EXTRA, APRIL Ll, 1997 be commuted without the consent of the victim or, as the case may be, of his heirs.” 5. Amendment of section S54, Act XLV of 1860.—In the Penal Cox in section 35A, for the full stop at the end a colon shall be substituted and there: after the following proviso shall be added, namely :— “provided that such sight shall not, without the consent of the victim om as the case mey be, of the heirs of the victim, be exercised for any sentence awarded under Chapter XVL." 6. Amendment af section 109, Act XLV of 1860.—In the Penal Code im section 109, for the full stop at the end a colon shall be substituted and there. after the following proviso shall be added, namely — “Provided that, except in case of Ukratei-Tam (" etisls!” the abettor of an offence referred to in Chapter XVI Shall be fiable to punishment of ta’sir specified for suck offence including death.” 7. Substitution of sections 299 to 338, Act XLV of 1860,—(1) In the Penal Code, for sections 299 ta 338 the following shall be substituted, namely : “290. Defiaitions.— In this Chapter, unless there is anything repugnant in the subject or context. (@) “edule” means a person who hnas attained the age of eighteen years : (&) “arsh” (of! ) means the compensation specified in this Chapter to be paid to the victim or his heirs under this Chapter: (e) “authorised medical officer* means a medical officer or 4 Medical Board, howsoever designated, authorised by the Provincial Government ; (d) “daman™ ( gla» ) means the compensation determined by the cout tc'be paid by the offender to the victim for causing haart not Hable to arsh (ty! Dt (©) “diya” (S43) means the compensation specified in sec tion 323 payable (o the heirs of the victim; (©) “Government means the Provineial Government ; g) “ikrafe-ien® (_ ¢34,51_) means putting any person. his spouse or atly of his blood relations within the prohibited386, THE GAZETTE OF PAKISTAN, EXTRA, APRIL 31, 1997 [PART 302: Punishment of gail-i-amd— Whoever corm degree of marriage in fear of instant death oF instant perm ent ‘impairing of any organ of the body oF instant fear of being sub- jected to sodomy ot zina-bil-jabr + (bh) “ilerahee-nagis” (calls 4151) means any form of duress which does not amount to ikralsitan 5 (“minor means a person who is not an adult 5 (35°) means easing death of a person ; ® k).“gises” ( vebst ) means punishment by causing similar huct atthe same part of the body of the convict as he has caused to the victim or by causing his death if he has committed gatl-i- amd in exercise of the right of the vietim or a wali : (©. “ta’zir” (o4is3) means punishment other than gias (Gola), divat (us), arsh (3! Yor daman (ies) :and (ox) “vali” (sels) means a person entitled to elaim gisas 300. Qarf-e-amd— Whoever, with the intention of causing death or with the intention of causing bodily injury to a person, by doing c= "-t which in the ordinary course of nature is likely to cause death, or with the knowledge that his act is so ifmminenily dangerons that it must in all probability cause death, causes the death of such person, is said to commit qatl-e-and. 301. Causing death of person uther than the person whose death was intended — Where a person, by doing anything which he intends or Knows to be likely to eause death, causes death of aay person whose death he neither intends nor knows himself to be likely to cause, such an act committed by the offender shall be Liable for gat!--amd. gatl-e-amd shall, subject 10 the provisions of this Chapter be— (@ punished with death as gisas i (©) punished with death for imprisonment for life-as ta'zir having regard to the facts and circumstances of the case, if the proof im either of the forms specified in section 304 is not available ; or (©) punished with imprisonment of either description for a term which may extend to twenty-five years, where according to the Injunctions of Islam the punishment of gisas is not applicable.PARTI] _THE GAZETTE OF PAKISTAN, EXTRA, APRIL 11, 1997 381 303, Qail committed ‘under ikrah-t-iam or ikral-i-nagis— Whoever ‘commits gar — (a) under Jérah-i-tam shall be punished with imprisonment for a term which may extend to twenty-five years but shall not be less than ten years and the person causing ‘ikrah-i-tam’ shall bbe punished for the kind of gat! committed as a consequence of his terah-i-tam ; oF (b) under ‘ikrah-i-nagis’ shall be punished for the Kind of gat! ‘committed by him and the person causing ‘ikrah-i-nagis’shall be punished with imprisonment for a term which may extend to ten years, 304. Proof of gatl-i-amd liable to qisas, ete (1) Proof of gatl-i-amd Shall be in any of the following forms, namely -— (a) the accused malkes before a court competent t0 try the offence ‘2 voluntary and true confession of the commission of the offence : or tb) by the evidence as provided in Aicle 17 of the Qanun-e- Shahadat, 1934 (2.0. No. 10 of 1984) (2) The provisions of sub-section (1) shall, mutatis mutandis, apply to & hur: Jiable t0.gisas. 15._ Wal. —In ease of garl, the wali shall be— (a) the heirs of the victim, according to his personal law ; and ib) the Government, if there is no heit: 306. Gatien nat liable to gixas—Qati-t-amd shall not be lable 10 Gisay in the following cases, namely — (a) when ait offender is:a minor or insane Provided that; where’a person liable to gisas associates himself in the commission of the offence with’a person not liable to gisas, with the intention of seving himself from gisas, he shall not be exempted from gisas ; (b) when an offender causes death of his child or grandchild, how ow-so-ever andl {c) when any wali of the victim is e direct descendant, how low- so-ever, of the offender.388 ‘THE GAZETTE OF PAKISTAN, EXTRA, APRIL, 1997 (Parr 307. Cases in which Qisas for gatl-icamd shall not be enforced — {1) “Qisar tor qatl-Tand, shall nat be enforced in the following cases, namely :— (@) when the offender dies before the enforcement of gisas (b) when any wald voluntarily and without duress, to the satisfaction of the court, waives the right of gisas under section 309 or ‘compounds under section 310 ; and () whew the right of gisas devolves on the offender us a result of the death of the wali of the vietim, or on the person who has no right of gisas against the offender, (2) To satisfy itself that the walf has waived the right of gisas under section 309 oF compounded the right of gisas under section 310 voluntarily and without duress the court shall take down the state- ment of the wali and such other persons as it may decm necessary fn oath and record an opinion that itis satisfied that the waiver or, as the case may be, the composition, was voluntary and not the result of any duress. Mlustrasion (A kills Z, the maternal uncle of fis son B. Z has no other walt except D the wife of A. D has the right of gisas trom A. But if D dies, the right of gisas. shall devolve on het son B who is also the son of the offender A. B cannot claim gisas against his father. ‘Therefore, the gisas cannot be enforced. (i) B kills Z, the brother of her husband A. Z has no heir except A. Here A.can claim gisas from his wife B, But if A dics, the right of qisas shall devolve on his son D who is also son of B, the qisas cannot be enforced against B 308. Punishment in gatl-i-amd not liable 10 gisas, etc—(1) Where an offender guilty of garl--amd is not liable to gisas under section, 306 or the gisas is not enforceable under clause (c) of section 307, he shall be liable to diyat : Provided that, where the offender is minor or insane, diyzar shall be payable either from his property ot, by such perton as may be determined by the court Provided further that where at the time of committing gatl-i-amd the offender being a minor, had attained sufficient maturity or beingPane I} (2) Notwithstanding anything contained in sub-s ‘THE GAZETTE OF PAKISTAN, EXTRA, APRIL 11, 1997 389 insane, had a lueid interval, so as to be able'to realize the conse- quences of his act, he may #lso be punished with imprisonment of either description for a term which may extend to fourteen years as wa’dir : Provided further that, where the gisas_ is not enforscable under clause (¢) of section 307, the offender shall be liable to diya only if there is any wali other than offender and if there is no wali other ‘than the offender, he shall be punished with imprisonment of either description for a term which may extend to fourteen years as ta’zi: tion (1), the court, having regard to the facis and circumstinces of the case in addition to the punistiment of diya, may punish the offender with imprison ‘ment of either description for'a term which may extend to fourteen years, a6 ta"zin 309, Waiver (Afi) {sie ) of gisas in gatl-i-amdd.—(1) In the case of Q garland, an adult sane wali Tay, at any time and without any compensation, waive his right of gisas Provided that the right of qias: shall not be waived— (a) where the Government is the wali ; or (b) where the right of gisas vests in a minor or insane, Where avictim has more than one Wali any one of them may weive bis right of gisas + Provided that the wali who does not waive the right of gisas shall be entitled to his share of diyat. (3) Whore there are more that one vietim, the waiver of the right of «@ 310) gisas by the wali of one vietint shall not affect the right of gisas of the wali of the other victim. ‘Where there are more than one offenders, the waiver of the right of aisas against one offender shall not affect the right of gisas against the other offender Compounding of qisas (Suit (hein gaul-iramd—(1} In the ease of qailiamd, on adult sane wali mayyat any time on accepting badal-i-sulh, compound his right of qisas Provided that giving a female in martigge shall not be a valid badal-i-suth ( the Jar ):390 SHE GAZETTE OF PAKISTAN EXTRA, APRIL I. 1997 __IPaer @ B) 4) 6) a Where a wali is.a minor of an insane, the wali_of such minor oF insane wali, may compound the tight of gisas on hehal? of ch ‘minor oF insane walt Provided that the value of Badal-i-sulh shall not be loss than the value of diet Where the Government is the seal, it may compound the right of aisas. Provided that the value of hadad-i-sulh shall not be less than the value of diver Where the badal-i.sulh is not determined or is a property or a right the. value of which cannot be determined! in terms of money under Shari'ah 22% ) the rightof gisas: stall be deemed to have been compounded and the offender shall be liable to divat. Badal-i-sulh may be paid or given on demand or on a deferred date as may be agreed upon between the offender and the wal Explanation —tn this section, Bada/-i-sulh means the mutually agreed compensation according to Shari'ah to be paid or given by the offender to a wali in cash or in kind or in the form of moveable or immovable property. Ta'zir after waiver or compounding of righ of yisas in gatl-i- ‘Notwithstanding anything contained in section 309 or sec ‘ion 310, where all the wali do not waive or compound the right of agisas, or kesping in view the principle of fasad-fil-arz (e434 ), the court may, in its discretion having regard to the facts and ci cumstances of the case, punish an offerler against whom the sight of qisas_ has been waived or compounded with imprisonment of either description for a term of which may extend to fourteen years as ta zur Explanation. For the parpose. of this section, the expression fasad-filare (H)\ @ s\48°) shall include the past conduct of the offender, or whether he has any previous convictions, or the brutal or shocking manner in which the offence has been committed which Js outrageous to the public conscience, or if the offender is con: dered a potential dangr to the community. Qatt-i-and after waiver or compounding of qisas—Where & wali Gnd of & Convict against whom the right of giscsPare T] ‘THE GAZETTE OF PAKISTAN, EXTRA, APRIL 11, 1997 391 (3) If the convier is @ wom has been waived under section 309 or compounded under section 310, such wall. shall be punistied with— (a) Gisas, if he had himself waived or compourided the right of igisas against the conviet or had knowledge of such waiver of composition by another wil > oF (b) diyat, ihe had no knowledge of such waiver of composition. 313,_Right of gisas in gatl-i-amid—(1) Where there is only one wali, be alone hes the right of qisas in qail-i-amd bat, if there are more than one, the right of qisas vests in each of them, (2) If the victim— (@) fas no walt -the Government shall have the right of gisas, or (b) has no wal! other than aminor orinsane or one-of the: wali is 4 minor or insane, the father or if he is not alive the patemal grandfather of such wali. shall have the right of gisas on his behalf : Provided that, ifthe minor or insane wali_has no father or paternal grandfather, how high-so-ever, alive and no guardian has been appointed by the court, the Govemment shall have the right of gisas on his behalf 314, Execution of gisas in gail-icamd—(1) Qisas in qatil-i-amd shall be execuied by a functionary of the Government by causing death of the convict as the court may direct. (2) Qisas shall not be executed unil all the wali are present atthe time of execution, cither personally or through. their representatives authorised by them in writing in this behalf Provided that where a wali or his representative fails to present himself on the dave, ime and place of execution of gisas after hay- ing been informed of the date, time and place as cortified by the court, an officer authorised by the eourt shall give permission for the execution of gisas and the Government shall, canse execution of gisas in the absence of such wali who is pregnant, the court may, sultation with an authorised medical officer, postpone the execution ‘of gisas upto a period of tvo years after the birth of the child and during this period she may be released on bail on furtishing of security392, ‘THE GAZETTE OP PAKISTAN, EXTRA, APRIL 11,1997, [Part] to the satisfaction of the court of, if:she-is not so released she shall be dealt with as if sentenvedio simple imprisonment 315._Qail shibh-i-tamad.—Whoever, with intent to cause harm to the body 316. a7. ‘or mind of any person, causes the death of that or of any other por- son by means of a weapon or an act which in the ordinary course of nature is not likely to cause death is said to commit qail-shidh-i-‘amd. Litusiration ‘A in Order to cause hurt strike Z with a stick or stone which in the ordinary course Of nauure fy uot likely to cause death. Z dics as a result of such hur. A shall be guilty of gat! shiblei-’amd. Punishment for-gatl shibhci-'amd.— Whoever commits gatl skibh-i "amd shill be liable to diyat and may also be punished with impri- sonment of either description for‘a term which may extend to four teen years as ta'2ir Person committing gatl debarred from suscession— Where a pet Son committing yatl-ramd or qatl_shibh-i-amd 1 an heir or a beneficiary under a will, he shall be debarred from succeeding to the. estate of the victim as an heir or a beneficiary. 318 _Qarli Mhiaia Whoever, without any intention to cause death of, 319. Punislent for qatt-i-khata— ‘on cause. harm to, a person causes death of such persoa, either by. mistake of act or by mistake of fact, is said to commit garl-i-khata. Ilustration (@)) Aaims.ava deer but misses the target and kills Z who is stand- ing by. Ais guilty of gail--khata, (@)._ “A-shoois at an object to be a bear but it turns out to be a human being. Ais guilty of gatl-/-khata. Vhosver commits gatl-/ Rata shall ‘Be liable to divar Provided that, where gatl--khata isicommitied by any rash or negligeat ac, other than rash or negligent diving, the offender may, in addition to diyar, also be punished with imprisonment of either description for a term which may extend to five years as fairPaat I] ‘THE GAZETTE OF PAKISTAN, EXTRA, APRIL 11, 1997 383 300. Punisliment for gatl-ckhata by rash oF negligent driving —Who- 321. ‘ever commits gatl--Miata by rash or negligent driving Sali, having regard to the facts and circumstances of the case, in addition 10 diyat, be punished with imprisonment of either description for a term which may extend fo ten years. Qail-bis-sabab.— Whoever, without any intention to cause death of, ‘or cause harm fo, any person, does any unlawful act which becomes aa cause for the death of another person, is said to vomit gasl-bis- sabab, Mlustration ‘Avunlawfully digs a-pit in the thoroughfare, but without any intention to cause death of, oF harm to, any person. B while passing from there fails init ands killed. A'has committed gail-bis-sabab. 322. 323 325; Punishment for gatl-bis-sabab—Whoever commits gatl-bis-sabah shall be liable t0 diyar. Valve of divar—(1) The court shall, subject to the Injunctions of TSlam as Taid down in the Holy Quran and Sunnah and keeping in view the financial position of the convict and the heirs of the victim, fix the value of diyat which shail not be less than the value of thirty thousand six hundred and thitty grams of silver, (2) For the purpose of sub-section (1), the Federal Goverment shall, by notification in the official Gazette, declare the value of silver, on the first day of Iuly’ each year or on: such date as it may ‘deem fit, which shall be the value-payable-during a financial year. Atteript to commit gail-i-amd.—Wheever does any act with such {mention oF knowledge, and under such cireurrstances; that, if he by that act caused gatl, he would be guilty of gatl-i-amd, shall be punished with imprisonment for either description for a term which may extend to [en years, and shall also be liable to fine, and, if hurt js caused t9 any person by such act, the offender shall, in addition 10 the imprisonment and fine as aforesaid, be Tiable to the punish- ‘ment provided for the hurt caused : rovided that, where the pimishment for the hur is gisas which is not executable, the offender shall be liable to arsit and may-also be punished with imprisonment of either description for a term which may extend to seven years. Attempt to commit-suicide —Whoever attempts to commit suicide ‘and does any act towards the commission of such offence, shall be304 THE GAZETTE OF PAKISTAN, EXTRA, APRIL 11, 1997 _ [Panel punished with simple imprisonment for a term which may exter~ to ‘one year, or with fine, ot with both, 326, 1ug—Whoever shall have been habitually associated with any Other or others for the purpose of committing robbery or child-sical- ing by means of or accompanied with gad, is a thug. 327. Punishment Whoever is thug, shall be punished with imprison- ‘ent for life and shall also be liable to fine. 228, Exposure and abandonment of child under twelve yeas by parent or person having care of i, —Whoever being the father or mother of & ‘child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description fora term which may extend to seven years, or with fine, or with both. Explanation. —This section is not intended to prevemt,the trial of the offender for gatl-iamd or gail-i-shibh-i-amd or gatl-bis-sabab, as the case may be, if the child dies in consequence of the exposure. 329. Concealment of birth by secret disposal of dead body.—Whoever, by seoreily Burying or otherwise cisposing of the dead tvty of a child whether such child dies before or after or during its birth, intentionally conceals or endeavours: to conceal the birth shall be punishable with imprisonment of either description for aterm which ay extend to two years, or with fine, or with both. 330. Disbursement of divar—The diya shall be disbursed among the Theirs of the victim according to their respective shares in inheritance Provided that, where an heir foregoes his shave, the diyar shall not be recovered to the extent of his shar (1) The diyat may be made payable in lump- ‘sam or in instalments spread oyer 4 period of three years from the date of the final judgement, (2) Where a convict fails to, pay diyat or any part thereof within the period specified in sub-section (1), the convict may be kept in jail and dealt with in the same manner as if sentenced to’ sinipleParti] THE GAZETTE OF PAKISTAN, EXTRA, APRIL 11, 1997, 395 imprisonment until the diyat is paid full or may be released on bail if he furnishes security equivalent to the amount of divar to the satisfaction of the court. (3) Where a convier dies before the payment of diyar or any part there- cof, it shall be recovered from his estate, 332. _Hur.—(1) Whoever causes pain, harm, disease, infirmity or injury “jo any person or impairs, disables or dismembers any organ of the ‘body or part thereof of any person without causing his death, is said to cause hurt. (2) The following are the kinds of hurt -— (a) Itlafi-udw po SMI (6) itlafti-salahiyyat-i-udw ye cp he 49) (©) shaijah aes (@) junk te jand fe) all kinds of other hurts, 333. Itlaf-i-udx —Whoaver dismembers, amputates, severs any limb or Organ of the body of another person is said to cause Itlaf-i-udi: 334. Punishment for itlaf-i-udw—Whoever by doing aay act with the Intention of thereby causing. hurt to. any. person, or with the + knowledge that he is likely thereby to, cause hurt to any person causes itlaf-i-udw of any person, shall, in consultation with the authorised medical officer, be punished with gisas, and if the gisas ig not executable keeping in view the principles of equality in accordance with the Injunctions of Islam, the offender shall be liable to arsh and may also be punished with imprisonment of either description for a term which may extend to ten years as tazin 335, Itlof.i-salahiyyat-i-udw.—Whoever destroys or permanently “impairs the functioning, power or capacity of an organ of the body (of another person, or causes permatteat disfigurement is said to cause itlaf-i-salahiyyari-ud, 336. Punishment for idlefi-salahiyyat-i-uds.—Whoever, by doing any are ener With the intention of causing hurt to any person, or with the knowledge that he is likely to cause hurt to any person, causes itla/= i-salahiyyat-ioudw of any person, shall, in consultation with the authorised medical offices, be punished with gisas and if the gisas is not exceutable, keeping in view the principles of equality in396 THE GAZEDTE OF PAKISTAN, EXTRA; APRIL, 1997 __(PARrT accortance with the Injunctions of Islam, the offender shall ! liable to ash and may also be punished with imprisonment of either description for-a term which may extend to tem years as daz 337._Shaijah—(1) Whoever canses, on the head or face of any’ person, any hurt which does not amount to itlaf-i-udw oF itlai-salahiyyat- feud, is said to cause shajjah, (2) The following are the kinds of shajiahy namely — (a) Shojjah-i-Rhafifah nee Senne (b) Shajjah-i-muuditah see 5 (©) Shajjah-i-hashimah aay Ss (@)! Shaijat:Pritntiggiion Sys sO (©) Shajiah-i-ammah aan and ® Shajjah-i-damighah sent (3) Whoever causes shajjal,— (i) without exposing bone of the Victirh, is said to cause shajjah- ickhafifah ; Gi) by exposing any bone of the vievim without causing fracture, is said to cause shajjah-imudihal (Gii) by frmeturing the bone of the vietim, without disloeating it, is said t6 case shajjah-i-hashinah : (iv) by causing fracture of the bone of the victim and thereby the bone is dislocated, is said to cause. shajjah--munagailah ; (W) _ by causing Fracture of the skull Of the victim so that the wound touches the membrane of the brain, is said to cause shajjah-i- ‘ammiah : (vi) by causing fracture of the skull of the vietim and the wound ruptures the metbrane of the brain is said to cause: shajjah-i- damighat, 337A._Punishment of shaijah Whoever, by doing any act with the inten- “Ton of thereby causing hurt to any’ person, or with the knowledge that he'is likely thereby to-cause hurt to any person, causes— (D).. Shajjah-i-khafifah to any person, shall be liable to,daman and ‘may also be punished with imprisonment of either description for aterm which may extend to two years as ta'zirPartT] THE GAZBTTE OF PAKISTAN, EXTRA, APRIL 11,1997 297 (ii) shojjah-i-mudihah to any person, shall, in corisultation with the authorised medical officer, be punished with gisas, and if the gisas-is not executable keeping in view the’ principles of equelity in aecordance with the Injunctions of Islam, the con- viet shall be liable to arsh which shall be Five per cent of the aiyar-and may'also be punished with imprisonchent of either description for a term which may extend to-five years as a'sir Gil) shajjal-i-hashimah to any person, shall be liable to arsh which shall be ten pet cent-of the diyat and may also be punished ‘with imprisonment of either description for a term which may extend to ten years a8 "cir; (iv) shajjade-i-mumaggilah to any person, shall be Fable to arsh which shall be fifteen per cent of the diyar and may also be punished with imprisonment of either description for a term which may extend to tem years a £0°zir () _shajja-i-ammah to any person, shall be liable to arsh which shall be one-third of the divat and may also be punished with imprisonment of either description for a term which mey extend to ten years as fa ‘sir; and (xi) _shaijat-i-damighal to any person shall be liable to arsh whieh shall be one-half of diyar and may also be punished with imprisonment of either description for a term which may extend to fourteen years as ta’zir 337B. Jurk—(1) Whoever eauses on'any part of the body of « person, ‘other than the head or face, a hurt which leaves a mark of the ‘wound, whether temporary or permanent, is said to cause jr. (2) Jurh C3. is of wo Kinds, namely — (a) Jaifah es and (6) -Ghayrjaifatr Be oe 337C. Jaifia Whoever Causes jurit in which’ the injury extends to the ody cavity of the trunk, is said to case jaifah. 37D, Punishment for jaifah —Whoever by doing any act with the inten- ‘Fon.of causing hurr fo w person or with the knowledge that be isTHE GAZETTE OF PAKISTAN, EXTRA, APRIL 11,1997 [Part 1 likely to cause hurt to such person, causes jaifah to such person, shall be liable to arsh which shall be one-third of the diyaar ane. say also be punished with imprisonment of either description for a term which may extend to ten years as ta’zin 337E. Ghayr-jaifsh —(1) Whoever causes jurh which does not amount 10 Jaijah, is said to cause ghayr-jaifh, (2) The following are the kinds of ghayr-jaifah, namely -— (@) damikah ales (b) badi‘ah bing (©) ruwtalakimah 36 (@) mudita salesaiellly “© hashimah mae sand () munaggilah ti (3), Whoever causes ghayr:jaifah— (in hich the skin ig ruptured and bleeding occurs, is said 10 cause damiyah ; Gi). by cutting or incising the flesh without exposing the bone, is said to case hadi’ah (ii) by lacerating the flesh, is Said to cause mutalahima j (iv) by exposing the bone, is said to cause mucihal y (by causing fracture of a bone without dislocating it, is said to cause hashimah : and (wi) by fracturing and dislocating the bone, is said to cause munaggilah. 337K, Punishment of ghayr-jaifah —Whoever by doing, any act with the intention of causing hurt to any person, or with the knowledge that he is likely to cause hurt to any person, causes— ()_—damihiah to any person, shall be liable to daman and may also bbe punished with imprisonment of either description for a term which may extend to one year as ta’zir;Pare ‘THE GAZETTE OF PAKISTAN, EXTRA, APRIL 13, 1997, 399) 1997 4 3376, 337H. @ 3371 3373. (ii) badi'ah to any person, shall be lable to daman and may also te punished with imprisonment of either description for a term ‘which may extend to three years as ta’zir ; Gi) mualahimak to any person, shall be liable to daman and may alco be punished with imprisonment of either description for a term which may extend to three years as fazir (iv) reudihah to any person, shall be liable to dainan and may also tee punished with inaprisonment of either description for aterm which may extend to five years as ta’zir (i) diashimah to any person, shall be table to daman and may also bbe punished with imprisonment of either description fora term ‘which may extend to five years as ia°zir ; and (vi). munagailah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend fo seven years as t'2ir Punishment jor Iuwrt by rash_or negligent” driving —Whoever ‘causes hurt by rash or negligent driving: shall’be Hable. to arsh or daman specified for the kind of hurt caused and may also be punished ‘vith imprisonment of either desoription forva term which may extend to five years ta'zir Punishosent for hurt by rash or negligent act —(1) Whoever causes hhurt by rash of negligent act, other than rash or negligent driving, shall be liable to arsh or daman specified for the kind of hurt cased ‘and may also be punished with imprisonment of either description foraterm which may extend to three years-as ta’zir Whoever does any act so rashly or negligently as to endanger fiuman life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend (0 three months, or with Fine, or with both. Punishment for causing hurt by mistake (Kata) —Whoever causes Frurt by mistake (Khtata) shall be Fable to arsh ar daman specified for the kind of hurt caused. Causing hurt by means of a poison—Whoever administers 0, oF causes to be taken by, any person, any poison or any stupefying, Jntoxicating or unwholesome drug, or such other thing with intent to ‘cause hurt to such person, oF With infent to commit or to Facilitate the commission of an offence, or knowing ito be likely that he wit400 THE GAZETTE OF PAKISTAN, EXTRA, APRIL 11, 1997 [Par 1 SS ECAETTE OF PAKISTAN, EXTRA, APRIL 11, 1997 (PART. thereby cause hurt mzy, in addition to the punishment or arsh or daman provided for the kind of hurt caused, be punished, ha’ ae regard to the nature of the hurt caused, with imprisonment of either deseription for a term which may extend to ten years, 337K. Cawsing hurt to extort confession. or to compel restoration of property. ‘Whoever causes hurt for the purpose of extorting from ‘the sufferer or any person interested in the sufferer any confession or any information which may lead to the detection of any offence ‘or miscondct, or for the purpose of constraining the sufferer, or any person interested in the sufferer, to restore, oF to cause the restora- tion of, any property or valuable security or to satisfy any claim or demand, or o give information which may lead to the restoration of any property or valuable security shall, in addition co the punish- ‘ment of gisas, arsi or daman, 26 the case may be, provided for the ‘ind of hurt cansed, be punished, having regard to the nature of the hurt caused, with imprisonment of her description for a term which may extend fo ten years as ta‘er 337L. Punishment for other hurt—(1) Whocyer causes hurt, nct men- tioned hereinbefore, which endangers life or which causes the sut- ‘ferer so remain in severe bodily pain for twenty days or more or ren- ders him unable to follow his ordinary pursuits for twenty days or more, shall be liable to daman and also be punished with imprison ment of either description for a term which may exiend to seven ‘years. (2) Whoever causes hurt not covered by sub-section (1) shall be Punished with imprisonment of either description fora term which may extend to two years, or with daman, or with both, 437M. Hurt not liable 10 gisas—Hurt shall not be liable (0 gisas in the Tollowing cases, namely : @ h) when the offender is a minor or insane : Provided that he shall be liable to arsh and also to fa ir to be determined by the court-having regard to the age of offender, circumstances of the case and the nature of hurt caused when an offender at the instance of the vietim causes hurt to him Provided that the offender may he liable to 1a "sir pro- vided for the kind of hurt caused by him,Pax] ‘THE GAZETTE OF PAKISTAN, EXTRA, APRIL 11, 1997 401 (©) when the offender has caused filafi-udw of a physically imperfect organ of the victim and the convict does not suffer from similar physical imperfection of such organ Provided that the offender shall be liable to arsh and may also be liable to ta’zir provided for the kind of hurt caused by him § and (@)__ when the organ of the offender liable to gisas is missing : Provided that the offender shall be liable to ash and may also be liable to fa’zir provided for the kind of hurt caused by him. Mlustrasion (i) Aamputates the right ear of Z, the half of which was already ‘missing. If A's right earis perfect, he shall be liable to arsh and not gisas. Gi) If in the above illustration, Z's ear is physically perfect but ‘without power of hearing, A shall be liable to gisas because the defect in Z’s ear is not physical. Gil) _ [fin (lhustration (2) Z's ear is pierced, A shall be liable to gisas because such minor defect is not physical imperfection. 331N, Cases in which gisas for hurt shall not be enforced.—(1) The gisas for a hurt shall not be enforced in the following cases, namely — (a) when the offender dies before execution of gisar ; (b) when the organ of the offender liable to gisas is lost before the execution of gisas : Provided that offender shail be liable to arsh, and may also be lable to far provided forthe kindof hurt caused Dy (©) when the victim waives the gisas or compounds the offence with badl--sulh ; 07 (@) when the right of gisas devolves on the person who cannot claim gisas against the offender ynder this Chapter : Provided that the offender shall be liable to arsh, if there is any vali other than the offender, and if there is no wali other‘THE GAZETTE OF PAKISTAN, EX (c) when the offender has caused it/af-i-udw of a physically imperfect organ of the victim and the convict does not sufer from similar physical imperfection of such organ Provided thal the offender shall be Liable to arch and may also be liable to £a'zir provided for the kind of hurt caused by hina ; and td) whom tho organ of the offender liable to gisas is missing Provided that the offender shall be liable fo arf and may also be liable to fa'cér provided for the kind of hurt caused by him, Miastration (i) Aampuiates the right ear of Z, the half of which was already missing. If A's right ear is perfect, he shall be liable to ash and not gisas, Gi) If im the above illustration, Z's ear is physically perfect but ‘without power of hearing, A shall be liable to gisas because the defect in Z's ear is not physical, ii) hiv illustration (i) 2's ear is pierwed, A shall be liable to gisay Iecause such minor defeat is not physical imperfection 337N. Cases in which gisas for hurt shall not be enforced —(1} The gisas for a hurt shall not be enforced in the following cases, namely — (a) when the offender dies before execntion of gisas (b) when the organ of the offender liable to gisas is lost before the execution of gisas Provided that offender, shail be liable to, arsh, and may also be Hable to fir provided forthe kind of hurt ‘caused by him, ic) when the victim waives the gisas or compounds the offence with budl-i-sulh ; or (@) when the right of gisas devalves on the person who cannot claim gisas against the offender under this Chapter Provided that the offender shall be liable to arsh, if there is any wali other than the offender, and if there is no wali other402 THE GAZETTE OF PAKISTAN, EXTRA, APRIL11, 1997. [PaKr than the offender he s all be liable (0 ta'zir provided “or the king of hurt caused by him. (2) Notwithstanding anything contained in this Chapter; in all cases of hurt, the court may, having regard to the kind of hurt caused by’ him, in addition to payment of ash, award 72'zir 1o.an offender who is a previous convict, habitual or hardened, desperate or dangerous criminal 3370. Wali in case of hurt—In the ease of hurt the wali shall be— (a) the victim : Provided that, if the victim is @ minor or insane, his right Of qisas shall be exercised by his father or paternal grand fauher, how-high-so-ever + (b) the heirs of the vietim. ifthe later dies before the execution of gies: and (©) the Goverment, in the absence of the victim or the heirs of the vietim, 337P. Execution of qisas for hurt—(\) Qisas shall be executed in public By an authorised medical officer who shall before such ¢vcution examine the offender and take due care so as to ensare Wil the ‘execution of gisas does net cause the death of the offender or excesd the hurt caused by hin fo the vietim (2) ‘The wali shall he present at the time of execution and if the wali or his representative is not present, after having been infocmed of the date, time and place by the court an officer authorised by the court in this behalf shall give permission for the execution of gisas G) If the conviet is a woman who is pregnant, the court may, in consultation with an authorised medical officer, postpone the exceution of gisas upto a period of two years after the birth of the child and during this period she may be released on bail on furnish: ing of security to the satisfaction of the court of, if she is not so released, shall be dealt with as if sentenced to simple imprisonment. 337Q. Arsit for single organs —The arsh for causing itlaf of an organ ‘which is found singly in a human body shall be equivalent to the value of civatPage i} 337k, 3378, 3377 3370, THE GAZETTE OF PAKI "AN, EXTRA, APRIL 11, 1997 403 Explanation.—Nose and tongue ste inelkled in the organs which are found singly in a human body Arsh for organs in pairs—The arsi for causing itlaf of organs fund in-a human Body in pairs shall he equivalent to the value of dlyar and it laf caused to one of such organs the amount of ash shall be one-half of the divat * Provided that, where the victim has only one such organ or his ‘other organ is missing or has already become incapacitated the a: for causing itlaf of the existing of capable organ shall he equal to the value of diva Explanation Hands, feet, eyes, lips and breasts ae inchided in the organs which ar found in a hurran body in pairs Absh or the brgans ia quadruplicate (1) The arsh for causing ‘itaf of organs found in a human body in set of four shall be equal tom (a) one-fourth of the diver, ifthe itlafis one of such organs (b) one-half of the divar, if the flafis of two of sueh organs ; (©) three-fourth of the diyat, if the frlaf is of three such organs : and (d) full dive, if the ilaf is of all the four ongans. cplanation.—Fyelids are organs which are found in a hhumasy body ina set of Four Arsh for ingers—(1) The arsh forcausing ilof of a finger of «hand (oF Foot shall be one-tent of the diyat The arsh for causing idlaf of a joint of « finger shall be one thirteenth of the diyar Provided thar where the itlaf is of a joint of a thumb, the arsh shall be one-twentieth of the diya Arsh for teesh—(1) The arsh for causing iilaf of a tooth, other than ‘a milk tooth. shall be one-Lwentieth of the diyat408 ‘THE GAZETTE OF PAKISTAN, EXTRA, APRIL 11, 1997 [Past 1 2) 8) 337, Q) Explanation —The impairment of the portion of a tooth e side the gum amounts to causing itlaf of a tooth The arsh for causing Inlaf of twenty or more teeth shall he equal to the value of divar, Whore the itlaf is of a milk tooth, the accused shall be liable to daman and may 2lso be punished with imprisonment of either description for a term which may extend 10 one year Provided that, where itlaf of a milk tooth impedes the growth of anew tooth, the accused shall be liable arsh specified in sub-sec- tion (1). Arsh for hair—(1) Whoever uproots — (a) all the hair of the heed, heard, mustaches, eyebrow, eyelashes or any other part of the body shall be liable to arsh equal to diyat_and may also be punished with imprisonment of either dosexiption for a term which may extend 0 three years as ta'zir: (6) one eyebrow shall be liable fo arsh equal ro one-half of the diyat ; and (©) one eyelash, shall be liable to wrsit equal to one-fourth of the diya. Where the hair of any part of the body of the victim are forcibly removed by any process not covered under sub-section (1), the accused shall be Fable 10 daman and imprisonment of e'ther description which may extend to one year S37W. Merger of arsh—(1) Where an accused more than one hurt, he shall ‘be liable to arsh specified for each hurt separately : Provided that, where — (@) hurts enused (o an organ, the accused shall be liable to crit for causing hurt to such organ and not for arsh for causing hurt to any part of such organ; and (b) the wounds join together and form a single wound, the accused shall be liable to arsi for one wound.PaxtT]___THE GAZETTE OF PAKISTAN, EXTRA, APRIL. | 1997 405 Mlustrations (i) Aamputates 2° fingers of the right hand and then at the sume tire amputates that hand from the joint of his wrist There is separate rsh for hand end for fingers. A shall, however, be liable to arsk Specified for hand only, Gi) A twice stabs % en his thigh. Both the wounds are so lose to each other that they form into one wound. A shall be liable to arch. for ene wound only, (2) Where, after causing hurt to a person, the offender causes: death of sich person by committing gat! liable %0 diyat, arsh shall merge into stich eivar Provided that the death is caused before the healing of the wound caused by suelt hurt. 337K, Layment of arsh—(1) The arsh may be made payable in a hump ‘Sim or in instalments spread over a period of three years from the date: of the Final judgement (2) Where a convict fails to pay axsh or any part thereof within the: period specified in sub-seetion (1), the convict may be kept in jail and dealt with in the same manner as if sentenced to simple imprisonment until arsh is paid in full or may he released on bail if he fumishes security equal {o the amgunt of ars (a the satisfaction of the court, (3) Where « convict dies before the payment of arshor any part there= fit shall be recovered from his estate. AS7Y, Value of deman—(1) ‘The value of damern may be determined by ihe court keeping in view (a) the expenses ineurred on the tfeatment of vietom 5 (b) loss oF disabifity caused in the functioning or power of zny ‘organ : and (©) the compensation for the anguish suffered by. the vietions Q) In case oF nom-payment of daman, it shall be cecovered from the convict and until dam is paid in full to the extent of his liability the convict may bs kept in jail and dealth with in the same manner406 ‘THE GAZETTE OF PAKISTAN, EXTRA, APRIL. 1). 1997 __{PART | as if sentenced to simple imprisonment or mey be released on bil ithe furnishes security equal to the amount of daman to the Swts faction of the court, Disbursement of arsh or danian—The arsh or damon shall be payable to the victim on, if the victim dies, to hig heirs according to their respective shares in inheritance. ati-Hlamal ( Jax LU.) Whoever causes a woman with chil “whose organs have not been formed, to miscarry. if such miscarriage (snot caused in good faith For the purpose of saving the life of the women, or providing necessary treatment to her, is said 10 cause ingat-i-havnl” Explanation —A women who causes hiersell €@ miscarry is with \n the meaning of this section. BBBA Punishment for Isgat-i-haral —Whoever causes igat-i-hamit shall be liable to punishment as Za'et— [a) With imprisonment of either description for a term which may extend to three years. iF fegar-i-hami is caused with the con sent of the woman : or with imprisonment of cither description for aterm which may coxtend to ten years, Hf iagat-i-ham! is caused without the con sent of the woman Provided that, fas a result of ageri-feun, any htt is ‘eaused to wortan oF she dies, the convict shall also be liable to the punishment provided for such hurt or death as the ease ‘may be. 3388, /sqat-ijanin ( o> bLs| |—Whoever causes a woman with ebild Some of whose limbs or organs have been formed to miscarry, if such miscarriage is not caused in good faith for the pumpose of sav- ing the life of the woman, is said lo cause iigat-i-jaitin. fon —A woman Who causes hereselt to miscarry is With- ing of this section. 338C, Punishmen for lsqat é janie. Whoever causes Isgati-jonin shall Telableo— (@)_one-twentieth of the divar if the ebild is born deadPare} 3380, 338K, (ay [HE GAZPTTE OF PAKISTAN, EXTRA, APRIL. 11, 1997 (b) fall divarit the ehild is bom of the offender ; and ve bur dies as.a result of any act (6) imprisonment of either description for a term whieh may extend to seven yasrs as ta Provided that, if there are more than one child in the womb of the woman, the offender stall be liable lo separate divas or tosis as the case may be, for every such child Provided further that if, asa result of isqar-ijanin, ary hurt is caused 10 the woman or she dies, ths offender shall uso he liable to the punishment provided for such hurt or death, asthe case may be, Confirmation of sentence of death by way of gisas or tasin ete —A Sentence of death awarded by way of yisas or la =r, ora sentence of gisas awarded for cousing hurt, shall not be executed, unless it ts confirmed by the High Court Waiver or compounding of offences—(1}) Subject to the provisions Of this Chapter and section 345 of the Code of Caminal Procedure, 1898 (V of 1898), all offences under this Chapter may he waived ox compounded and the provisions of sections 309 and 310 shall, mutatis muteadis, apply 0 the waiver or compounding of such offences : Provided that, where an offence has been waived or compounded, the court may, in its discretion having regard te the facts and siroumstances of thé case, acquit or award ta°zir to the offender according to-the nature of the offence. Al quescious relating to waiver oF compounding of an offence or asiarding of punishinent uncer section 310, whether hetore or after the passing af any sentence, shall he determined by trial cour Provided that where the sentence of qisus o any other sentence is waived or compounded during the pendency of an appeal, such ‘auestions may be determined by the appellate court, 338K Interpretation —In the interpretation and application of the pro- visions of this Chaprer, and in respect of matter ancillary or akin thereto. the court shall be guided by the Injunctions of Islara as lai down in the Holy Quran and Sanna,338G. Rules—The Government may, in consultation with the Counsi of Tslamic Kdeology, by notification in the official Gazetle, make such rules as it may consi this Chapter for carrying out the pusposes of 336H, Saving—Nothing in this Chapter, except sections 309, 310 and 8 a 9. for section 338B, shall apply to cases pending betore any court immediately before the commencement of the Crimmal Law (Second Amendment) Ordinance, 990 (VII of 1990), or tthe offences committed before such commencement.” ; and 2) after section 338H, substitured as aforesaid, the following new heading shall be inserted, namely -— “CHAPTER XVIA" Amendment of section 459, Act XLV of 1860. n 459, the following shall be substituied, namely — Inthe Penal Code, 59. Hurt caused whilst committing lurking house-srespass or house: breaking Whoever, whilst committing lurking house-trespass or Fhouse-breaking. causes hurt to any person or attempts to commit atl of. o: hurt to, any person, shall be punished with imptisoament for life, or imprisonment of either deseripsion for aterm which may extend to ten years, and shall also be Tiable to the same punishment for commiting gatl or causing hurt oF attempting (0 cause Qat or hart as-is specified in Chapter XVI of this Code,” Amendment of section 460, Act XLY of 1860. 1 460 the following shall be substituted, namely :— Ln the Penal Code, "460. Persons jointly concerned in lurking house-trespass or house-break- ing by night punishable jor atl or hurt caused by one of them— 1 al the me of the committing of lurking house-trespass by night or house-breaking by night. any person guilty of such offence shall voluntarily cause of attempt to commit gad! of, or hust to, any per: son, every person jointly concerned in committing such lurking: house-trespass by night or housc-brezking by night, shall be puttished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years und shall also be liable to the same punishment forcommitting gatl or cansing hurt to atlernpting to cause gat! or hust as is specified in-Chapter XVI of this Code.Paxi]) THE GAZETTE OF PAKISTAN, EXTRA, APRIL 11, 1997 409 10, Amendment of seetion S11, Act XLV of 1860.—In the Penal Code, in seetion $11. after the words “fine”, the word “daman” shall be inserted IL, Amendment of section 32, Act V of 1848—In the Code of Criminal Procedure, |§98 (Act V of 1898), hereinafter referred to as the Criminal Code, in section 32, in sub-seclion (1), in clause (a), in the second column, after the word auid semi-colon “rupees”, the words and semi-volons “arsh ; dunan shall be inserted, 12, Amendment of section 337, Act V of 1898.—In the Criminal Code, in section 337, in subsection (1), for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely “Provided that no. person shall be tendered pardon who is involved in an offence relating to burt of gat! without permission of the vietim or, as the case tay be, of the heirs of the vietim.". 13, Amendment of section 338, Act V of 1898—In the Criminal Code, in seetion 338, for the full siop at the end a colon shall be substitited and thereafjer the following proviso shall he added, namely. — “Provided that no person shall be tendered pardon who is involved in an offence relating to hurt or gail withont permission of the victim or, as the case may be, of the heits of the vietim.”, |4, Amendment of section 345, Act V of 1898.—In the Criminel Code, in section 345,— (a) _ in sub-seotion (1), in the table, in the second column, the figures and comms “323, 334” and the entries relating thereto in the first and third columns shall be omitted ; and (b) imsab-section (2), in the table, in che second cofumn, for the figures “202, 303, 304A, 305, 306, 307, 308, 324, 325, 326, 327, 328, 329, 330, 33}, 332, 333, 335, 337 and 338” and the entries relating thereto in the first and third columns the following shall be subs tuted, namely — "Qothicimd 302 By the heits ofthe victim atl wader ikrahc-iam 303 Dito Qatt-tond noctiatle 308 Dito to givasaw THE GAZETTE OF PAKISTAN, EXTRA, APRIL 11,1997 __[PARF Qaat-i-shibh-ame Oatl-iknara Qatl--khata by rash oF negligent driving. Oati-ebis-sabab Attonyp! 19 comment aett-anc. ned Ina:i-solahiya ads Shasjeh of any kind Jao Cher saett of any kind Hurt by rash or negligent dnving. Hurt by rash or negligent Hurt by mista Hurt by means of a poison Hur: to extort confession or focompe! restoration of property (Other hurts, Hurt not liable to gives Cases in whish gisar for ‘nurt cannot be enforced Isgat-i-hamat Isgat-i-ienn 319 320 322 304, au 336 38 371 30K 337k 337M. 330N 338A 338C By the heirs of the vietim. Dine Dino Dino The person against whom the offence was comited, The person to whom furl is caused, Ditto Die Dido Ditto Dino Ditto Ditto Dina Dito Die Ditto Ditto ‘The victim or the helrs of the victim, asthe ease may be. ‘The victim or the heirs of the victim, fas the case may be.”OF PAKISTAN, EXTRA, APRIL 11, 19% 15, Amendment of section 381, Act V of 1898—In the Criminal Cou, in section 381, for (he full stop at the end a colon shall be substitated and thereafter the following proviso shall be added, namaly Provided that the sentence of death shall not be executed if the heirs of the deceased pardon the convict or enter into a compromise with him even at the last moment before exceution of the sentence,” 16. Insertion of new section 402C, Act V of 1898.—In the Criminal Code, in Chapter XXIX, after section 402B, the following new section shia! be added, namely — “402C. Remission or conmutation of cenoin sentences not to ke without consent —Nowithstarding anything contained in section 401, sec- tion 402, section 402A or section 402B, the Provincial Governments the Federal Goyemrent or the President shall not, without the con sent of the vietim or, as the ease may be, of his heirs, suspond, remit cor commute any sentence passed under any of the sections in Chapter XVI of the Pakistan penal Code.”, 17. Amendment of Schedule II, Act V of 1898. chedule IL— In the Criminal Code. {a) for the figures “302 io 398” occuuring in column | and the entries relating there(o in columns 2 (08 the following shall be substituted, namely -—[Past , APRIL 11.1997 ‘THE GAZETTE OF PAKISTAN, 412. om one owe one omer oe ona ome) to eyny pw 29 ©) ‘obj wossunaua 3, me eT) oma comer tym SsuD 4) 3p 24 yo Bauos] oma one ma os Meee ape pe Oe see 2M ome aReIeG nou seyeig go pened) TN a, ou puss — 26. 8 L ° ‘ ’ E «0 atapia anos 05 SHA, eno ueunes413 ‘THE GAZFTTE OF PAKISTAN, EXTRA. APRIL |. 1997 Part If sep pers soy ayo aasei9g THe IO a ome) ae saa 208 ede aruda pur sb 3 9 eps omer nos ug one ona oma purcryrbonauowy 428 mm me ema ona ou mmsen.w te oy asp 040 oye ene) yo uouuesalut pur yoter —puneduioy sh wma a Ke ore “ao 28 eg ony $2 omg, watauga owe votig an 2a a aie smo vouncy 45 wonsan oun J ome) utiosutat pon oti oa ont ome ona ou sap srs jo ancl 6p 0S) ews one ne wer fupuedues eye pum ZI ona ema, ones ome 5 eno) 2 aodosep NE an sash ‘inpsag Jonna, fo wsarnssh pus roc ofqopuneduo> AQAIOGIEN eA, —_ Has SOR anv pores 0 : A 8 « ® ‘ z[Pare r ‘THE GAZETTE DG PAKISTAN. EXTRA, APRIL 11, 1997 ut ower a sa DosR 35 08) suo fot au sosmungan, ogg yo be) ‘pag 30 une) s soos avy weneeosep IN ommauosudi pe iy “ero wag won lasep sn jaa un py ei 39 90) “aro tot con asap aa jo mation ds pie wea sr -yqao’auy ay sof oo} sens ona ena “pnt. ane “patie x punto ome argu ion ama 1 ontwra ne srg ton ong ara, dina, oma une sno assur Sow ower ome onenipselings a8 wayenueg0ys Ny ehuoay soos) nme ONE pry ‘0a sep 1908 gp 8 ween name yo 30 womens a SHY HSIN sad 69950 J e962 -apwn pre exe sod, Sop Saou weet ote vee ber Reaus sofas anjomaenyy ross Je oe) ‘omer st nyo omen oma ‘THE GAZETTE OF PAKISTAN, EXTRA, APRIL 11. 1997 PART) Joe jo wouuosdu ny soseosod poe 4eay 2 i aj ventnsp aa so uanmsuc pur say ‘ oer aut nate ower owe oma ores song ong + ona sour see woes sa is ona oma sain ir wre (er ma abst mio aus sine setins (ps) spots (4) wo[Parr ‘THE GAZETTE OF PAKISTAN, EXTRA, APRIL 11, 1997 Ae oping ome ayo srensanyy| oma ss ay oun ‘nny 0 eo you wisn >a 2 ssp ay 9 24h2 JO sek 28h ay oon suossp als pur uo 20°41) moKauy sap vandcteg ineyo wouvosudu pear L aan pared 98 peo ata one ona oe moa ona on sre ige9e4 DN, cas, nuns oma oma ona owt 69a ‘ore mnaeae > sey. (2) toe oyu yes Kg my (1) adiiow se ye ree use putau7 THE GAZETTE OF PAKISTAN, EXTRA, APRIL 11, 1997, PARI IT worsagse Sept a so ainsi wenseg yo ey sno ny 30 sp mune owas joue9 ‘sie 9 on porate “so 188 a jonny 0 ths 0 uno fuses 0 ene, Fan Fo Py aur 0 popcana jae ost: PaO BOT somes 99 2 EH 0 pu aL 14 ppexand Newstead S026 at s9} uss sop saya yous yoones sng pu 24120 popseudyounstand ‘ur seas aang a5 ples “of Sosy towed, fe ‘a 50 py 995 pop i pur 2.0 say sn yoy 19, 596 oH 16) wopdussp wecwogua 2 true, sa anon 2 wodrep outs jo ‘sunosine po one p10} ouauasap ay 10 ‘wauiuos ue snes dane pant ag 3 op can up 0 yo ng aay nod ae pct) aur cua ons ‘na, ise vou aye % ase ona ove are woe, eY tum. ma oma pune, megs 190 KW. ecr-vish (ah serpin, pov usm 96h) uusqune tuo ce Nese Hees sues oie418, THE GAZETTE OF PAKISTAN, EXTRA. APRIL 1, 1997 _ [PART iby « 18, in entries relating to section 459 in column 1,— @)_ in column 2, for the words “Grievous hurt” the word “Hurt” shall be substituted ; and Gi) in column 7, after the word “fine”, the words “and shall also be liable to the kind of gat! committed by him or hurt caused or tattempted to cause” shall be added ; in the entries relating to section 460 in column 1,— (i) in column 2, for the words “Death or Grievous" the words “ail o4” shall be substituted ; and Gil) in column 7, after the word “fine”. the words “and shall also be Jiable to the kind of gat! committed by him or hust caused or ‘altempted to cause” shall be added ; and in entries relating to section 511 in column J, in column 7, after the word “fine”, the word “daman” shall be inserted. Repeal.—The Criminal Law (Fourth Amenciment) Ordinance, 1996 (CXIIT of 1996), is hareby repealed PRINTED BY THE MANAGER, PRINTING CORPORATION OF PAKISTAN PRG AGHA ARZAAL HUSSAIN, Acting Secretary, PUBUSHEDISY [HE MANAGER CF PUBLICATIONS, KANAGH