THE CODE OF CRIMINAL PROCEDURE (WEST PAKISTAN AMENDMENT) ACT, 1964

(W.P. Act XVII of 1964)

[1 April 1964]

An Act to amend the Code of Criminal Procedure, 1898 in its application to the Province of West Pakistan

Preamble.— WHEREAS the Law Commission appointed by the President has made certain recommendations for amendment of the Code of Criminal Procedure, 1898^[2];

AND WHEREAS, it is considered expedient to amend the Code of Criminal Procedure, 1898^[3], in its application to the Province of West Pakistan to give effect to certain recommendations of the Law Commission;

It is hereby enacted as follows:-

1. Short title and commencement.— (1) This Act may be called the Code of Criminal Procedure (West Pakistan Amendment) Act, 1964.

(2) It shall come into force at once.

2. Amendment of section 244 of Act V of 1898.— In the Code of Criminal Procedure, 1898^[4], in its application to the Province of West Pakistan (hereinafter in this Act referred to as the said Code), in section 244, for sub-section (2), the following sub-section shall be substituted, namely:-

“(2) The magistrate shall on the application of the complainant or accused, issue a summons to any witness directing him to attend or to produce any document or other thing, unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or defeating the ends of justice. Such ground shall be recorded by him in writing”.

3. Insertion of section 251-A, Act V of 1898.— After section 251 of the said Code, the following new section shall be inserted, namely:—

“251-A. Supply of copies of statements of section 161 to the accused.— In all cases instituted upon police report, except those tried summarily, copies of statement of all witnesses recorded by the police under section 161 and of the inspection note recorded by an investigation officer on his first visit to the place of occurrence, shall be supplied to the accused seven days before the commencement of the trial free of cost:

Provided that if any part of statement recorded under section 161 is such that its disclosure to the accused would be inexpedient in the public interest, such part of the statement shall be excluded from the copy of the statement furnished to the accused”.

4. Amendment of section 256 of Act V of 1898.— In the said Code in section 256, for sub-section (1), the following sub-section shall be substituted, namely:-

“(1) If the accused refuses to plead, or does not plead, or claims to be tried, the evidence of any remaining witnesses for the prosecution shall be taken, and the accused shall then be called upon to enter upon his defence and produce his evidence”.

5. Amendment of section 257 of Act V of 1898.— In the said Code, in section 257, for sub-section (1), the following sub-section shall be substituted, namely:-

“(1) If the accused, after he has entered upon his defence, applies to the magistrate to issue any process for compelling the attendance of any witness, other than a witness whom the accused has cross-examined, for the purposes of examination or the production of any document or other thing, the magistrate shall issue such process unless he considers that such application should be rejected on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice. Such ground shall be recorded by him in writing.”

6. Substitution of section 268 of Act V of 1898.— In the said Code, for section 268, the following section shall be substituted, namely:-

“268. Trial before Court of Session.— All trials before a Court of Session shall be either by Jury or by the Judge himself.”

7. Amendment of section 269 of Act V of 1898.— In the said Code, in section 269, in sub-section (3) for the words “with the aid of the jurors as assessors” the words “without any jury” shall be substituted.

8. Amendment of section 272 of Act V of 1898.— For section 272 of the said Code, the following shall be substituted, namely:-

“272. Refusal to plead or claim to be tried.— If the accused refuses to plead, or does not plead, or claims to be tried, the Court shall,—

(a) in a case triable by jury, proceed to choose jurors as hereinafter provided and to try the case, and

(b) in any other case, proceed to try the case without any jury:

Provided that in cases triable by jury the same jury may, subject to the right of objection hereinafter mentioned, try as many accused persons successively as the Court thinks fit.”

9. Omission of sub-head “D” and sections 284 and 285 of Act V of 1898.— In the said Code, sub-head “D—Chosing Assessors” occurring after section 283, and sections 284 and 285 shall be omitted.

10. Amendment of section 286 of Act V of 1898.— In section 286 of the said Code, in sub-section (1), for the words “when the jurors or assessors have been chosen” the words and commas “when, in a case triable by jury, the jurors have been chosen, and in any other case, the Court is ready to hear the case” shall be substituted.

11. Amendment of section 289 of Act V of 1898.— In section 289 of the said Code, for the words “with the aid of assessors” twice occurring, the words “without any jury” shall in both places be substituted.

12. Amendment of sections 293, 294 and 295 of Act V of 1898.— In sections 293, 294 and 295 of the said Code, the words “or assessors” or the words “or assessor” wherever occurring shall be omitted.

13. Amendment of sub-head “H” and section 309 of Act V of 1898.— In the said Code, for the sub-head “H—Conclusion of Trial in Cases tried with Assessors” and section 309, the following shall be substituted, namely:-

“H—Conclusion of Trial in cases tried without Jury—

309. Judgement in cases tried without jury.— In a case tried without a jury, the Judge shall, after the conclusion of the case for the defence and the prosecutor’s reply, if any, give judgment and shall,—

(a) if he finds the accused not guilty, record an order of acquittal; and

(b) if he finds the accused guilty and does not proceed in accordance with the provisions of section 562, pass sentence according to law”.

14. Amendment of section 310 of Act V of 1898.— In section 310 of the said Code,—

(1) for the words “in the case of a trial by jury or with the aid of assessors when” the word “where” shall be substituted;

(2) in clause (a), in sub-clause (ii), for the words and comma “the jury have delivered their verdict, or the opinions of the assessors have been recorded”, the words and comma “in a case tried by jury, the jury have delivered their verdict” shall be substituted; and

(3) in clause (b), for the words “with the aid of assessors” the words “without a jury” shall be substituted.

15. Amendment of sub-head “K” and sections 319, 320, 321, 324 and 326 to 332 of Act V of 1898.— In the sub-head ‘K’ after section 318, and in sections 319, 320, 321, 324, 326, 327, 328, 329, 330, 331 and 332 of the said Code, the words, and the words and commas, “and assessors”, “and assessors”, “or assessor”, “or assessors”, “or as an assessor”, “or as an assessor”, “and trials with the aid of assessors” and “or assessor, as the case may be”, wherever any of them may occur, shall be omitted.

16. Amendment of section 339-A of Act V of 1898.— In section 339-A of the said Code, in sub-section (2), for the words “with the aid of the assessors” the words “trying the case without a jury” shall be substituted.

17. Amendment of section 350 of Act V of 1898.— In section 350 of the said Code, in sub-section (1), in the proviso, clause (a) shall be omitted.

18. Amendment of section 375 of Act V of 1898.— In section 375 of the said Code, in sub-section (2), the words “or assessors” shall be omitted.

19. Amendment of section 376 of Act V of 1898.— In section 376 of the said code, the words and comma “whether tried with the aid of assessors or by jury” shall be omitted.

20. Amendment of section 428 of Act V of 1898.— In section 428 of the said Code, in sub-section (3), the words “or assessors” shall be omitted.

21. Amendment of section 465 of Act V of 1898.— In section 465 of the said Code, in sub-section (1), for the words “or the Court with the aid of assessors” the words and commas “or where the trial is to be held without a jury, the Court,” shall be substituted.

22. Amendment of section 536 of Act V of 1898.— For section 539 of the said Code, the following section shall be substituted, namely:-

“536. Trial without jury of offence triable by the jury—where an offence triable by jury is tried without any jury, the trial shall not on that ground alone be invalid, unless the objection was taken before the Court proceeded to record the evidence in the case.”

23. Amendment of section 537 of Act V of 1898.— In section 537 of the said Code—

(1) in clause (a), in between the word “complaint”, and the word “summons” the words, figures and comma “reported by a Police Officer under section 173,” shall be inserted;

(2) after clause (a), as so amended, the following clause shall be inserted as clause (b), namely:-

“(b) of any error, omission or irregularity in the charge or mode of trial including any misjoinder of charges, or”; and

(3) in clause (c), the words “or assessors” shall be omitted.

24. Amendment of section 539-B of Act V of 1898.— In section 539-B of the said Code, in sub-section (2), in the proviso, the words “or with the aid of assessors” and the words “or assessors” shall be omitted.

25. Amendment of Second Schedule of Act V of 1898.— In the Second Schedule to the said Code, in the entries against section 500—

(i) in column 3, for the words “shall not”, the word “may” shall be substituted; and

(ii) in column 7, for the word “simple”, the word “rigorous” shall be substituted.

Pakistan -  Penal Code 1860

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December 1, 2006

A BILL further to amend the Pakistan Penal Code, the Code of Criminal Procedure and other laws

WHEREAS it is necessary to provide relief and protection to women against misuse and abuse of law and to prevent their exploitation;

AND WHEREAS Article 14 of the Constitution ensures that dignity of man and, subject to law, the privacy of home, shall be inviolable;

AND WHEREAS Article 25 of the Constitution guarantees that there shall be no discrimination on the basis of sex alone and that the State shall make provisions for the protection of women;

AND WHEREAS Article 37 of the Constitution encourages promotion of social justice and eradication of social evils;

AND WHEREAS the objective of this Bill is to bring in particular the laws relating to zina and qazf in conformity with the stated objectives of the Constitution and the injunctions of Islam,

AND WHEREAS it is expedient for the aforesaid objectives further to amend the Pakistan Penal Code (Act XLV of 1860), the Code of Criminal Procedure, 1898 (Act V of 1898, the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939), the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), and the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (VIII of 1979) and for the purposes hereinafter appearing,

It is hereby enacted as follows:

STATEMENT OF OBJECTS AND REASONS

One of the avowed constitutional objectives of the Islamic Republic of Pakistan is to enable Muslims to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as laid doom in the Holy Qur’an and Sunnah.

The Constitution, accordingly, mandates that all existing laws shall be brought in conformity with the injunctions of Islam as laid down in the Holy Qur’an and Sunnah.

The object of this Bill is to bring the laws relating to zina and qazf, in particular, in conformity with the stated objectives of The Islamic Republic of Pakistan and the constitutional mandate and in particular to provide relief and protection to women against misuse and abuse of law.

The offences of zina and qazf are mentioned in the Qur’an. The two ordinances relating to zina and qazf, however, make a number of other acts punishable in spite of the fact that the Qur’an and Sunnah neither define these offences nor has any punishment for there been prescribed. On no principle of qiyas can the punishments for zina and qazf or the procedure identified for their proof can be extended to these offences.

Any offence not mentioned in the Qur’an and Sunnah or for which punishment is not stated therein is Ta’zir which is a subject of State legislation. It is for the State both to define such offences and to fix punishments for these. The exercise of such authority by the State is in consonance with Islamic norms which the State is authorized to both define and punish. Accordingly, all these offences have been removed from the two Hudood Ordinances and inserted in their proper places in the Pakistan Penal Code, 1860 (Act XLV of 1860) hereinafter “PPC”.

The offences listed in sections 11 to 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979) hereinafter “Zina Ordinance” are Ta’zir offences. All these are being inserted as sections 365B, 367A, 371A, 371B, 493A and 496A of the Pakistan Penal Code, 1860 (Act XLV of 1860). Sections 12 and 13 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 hereinafter ‘Qazf Ordinance’ are being omitted. This is being done as the definition of qazf in section 3 of that Ordinance is wide enough to cover the qazf committed by printing or engraving or sale of printed and engraved material.

No change is being made in the language of the statutory definition of any of these Ta’zir offences or the punishment provided for these, save one. The punishment of whipping is being deleted (or these Ta’zir offences. As the Qur’an and Sunnah do not provide for any punishment with regard to these offences the State is authorized to make this change in conformity with the Islamic concept of justice. This is in accordance with the scheme of the PPC and the evolving standards of decency which mark the progress of a maturing society.

The Zina and Qazf Ordinances have been a subject of trenchant criticism by citizens in general and scholars of Islam and women in particular. The criticisms are many. These include the lumping of the offence of zina with zina-bil-jabr (rape) and subjecting both to the same kind of proof and punishment. This has facilitated abuse. A woman who fails to prove rape is often prosecuted for zina. The requirement of proof for the maximum punishment of zina-bil-jabr (rape) being the same as that for zina, it has made absolutely impossible to prove the former.

Where a prosecution for rape against a man fails but sexual activity is confirmed by medical examination or on account of pregnancy or otherwise the woman is punished for zina not as Hadd – four eye witnesses not being available – but as Ta’zir. Her complaint is, at times, deemed a confession.

A penal statute must be clear and unambiguous. It must mark the boundaries between the permitted and the prohibited with clarity. The citizens are, thus, put to notice. They can order their life and conduct by following these bright guidelines and steer clear of trouble. The vague definitions in thane and related laws are, therefore, either being clarified and wherever that is not possible, omitted. The object is to protect the unwary and unsuspecting citizens from unwittingly falling foul of penal laws.

The Zina Ordinance also defines “marriage” as a valid marriage. In rural areas, in particular, nikahs generally and divorces particularly are not registered. It becomes difficult for a person charged with zina to establish “valid marriage” as a defence. Non-registration has its civil consequences. These are sufficient. failure to register a nikah or have a divorce confirmed should not entail penal consequences. This is in consonance with the Islamic norm that Hadd should not be imposed whenever there is any doubt about the commission of the offence. The misuse of the law in such cases has made it an instrument of oppression in the hands of vengeful former husbands and other members of society.

A triple talaq is pronounced. The woman returns to her parental home. She goes through her period of iddat. After a while the family arranges another match and she gets married. The husband then claims that sans the confirmation of divorce by the local authorities the marriage is not over and launches a zina prosecution. It is necessary to delete this definition to shut this door.

There is no hadd for the offence of zina-bil-jabr (rape). It is a Ta’zir offence. The definition and punishment of rape is, therefore, being incorporated in the PPC in sections 375 and 376 respectively. The gender neutral definition is being amended to clearly provide that rape IS an offence committed by a man against a woman. As consent of the woman is a defence to the charge of rape it is being provided that such consent would not be a defence if the woman is less than 16 years of age. This accords both with the need to protect the weak, which the Qur’an repeatedly emphasizes, and the norms of international legal obligations.

The punishment for gang rape is death. No lesser punishment is provided. The courts heating such cases have observed that in many situations they are of the opinion that a person cannot be acquitted while at the same time imposing the death penalty is not warranted in the fails and circumstances of the case. The result is that they feel obliged to acquit the accused in Stan cases. To address this concern, the lesser sentence of life imprisonment is being added as an alternative to the death penalty.

The procedure for the prosecution of Ta’zir offences of zina-bil-jabr (rape) and gang rape, like that for all other Ta’zir offences under the PPC, is to be regulated by the Code of Criminal Procedure, 1898 (Act V of 1898) hereinafter “Cr. P.C.”.

Lian is a form of dissolution of marriage. A woman who is accused of adultery by her husband and denies the charge can seek dissolution of her marriage. Section 14 of the Qazf Ordinance refers to lian and also provides a procedure for it. A form of dissolution of marriage has no place in a penal statute. Accordingly, lian has been introduced as a ground for divorce under the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939).

The definition of zina and qazf remain the same as in the Zina and Qazf Ordinances. For both zina and qazf the same punishments have been retained, as well.

Zina is a heinous crime that corrupts public morals and destroys the sense of modesty. The Qur’an regards zina an offence against public morality. The requirement of four eyewitnesses is not solely an evidentiary burden of extra-ordinary weight. It is also an assertion that if contrary to the hadith, “Allah loves those who hide their sins”, one commits an act in so blatant a fashion that four people see it, the harm to society must be serious indeed. At the same time, the Qur’an protects privacy, prohibits baseless assumptions and inquisition and forbids interference in the life of others. It is for this reason that a failure to prove zina entails punishment for qazf (false accusation of zina). The Qur’an requires the complainant to bring four eye-witnesses to prove the accusation of zina. The complainant and the witnesses must be conscious of the seriousness of this offence and must know that if they make a false accusation or cannot prove the charge beyond doubt they will be punished for qazf. The conviction will follow the failure of the zina prosecution and will not be contingent on the initiation of fresh legal proceedings.

The Zina Ordinance has been abused to persecute women, to settle vendettas and to deny basic human rights and fundamental freedoms. To check such abuse both in the case of zina and qazf the Cr. P.C. is being amended to provide that only the Court of Sessions, on a complaint, may take cognizance of such cases. The offence has been made bailable so that the accused do not languish in jail during trial. The police will have no authority to arrest any one in such cases unless so directed by the Court of Sessions and such directions cannot be issued except either to compel attendance in court or in the event of a conviction.

The primary object of all these amendments is to make zina and qazf punishable only in accordance with the Injunctions of Islam as laid down in the Holy Qur’an and Sunnah, to prevent exploitation, curb abuse of police powers and create a just and egalitarian society.

THE CRIMINAL LAW (WEST PAKISTAN AMENDMENT) ORDINANCE, 1969

(W.P. Ordinance XXXIII of 1969)
[6 November 1969]

An Ordinance further to amend the Pakistan Penal Code, 1860, and the Code of Criminal Procedure, 1898, in their application to the Province of West Pakistan

Preamble.—

WHEREAS it is expedient further to amend the Pakistan Penal Code, 1860 (Act XLV of 1860), and the Code of Criminal Procedure, 1898, in their application to the Province of West Pakistan, in the manner hereinafter appearing;

NOW, THEREFORE, in pursuance of the Martial Law Proclamation of 25th March, 1969, read with the Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the Governor of West Pakistan is pleased to make and promulgate the following Ordinance:-

1. Short title, extent and commencement.

(1) This Ordinance may be called The Criminal Law (West Pakistan Amendment) Ordinance, 1969.

(2) It shall extend to the whole of the Province of West Pakistan, except the Tribal Areas.

(3) It shall come into force at once.

2. Amendment of section 374 of Act XLV of 1860

In the Pakistan Penal Code, 1860, in its application to the Province of West Pakistan, in section 374, for the words “one year” the words “five years” shall be substituted.

3. Amendment of section 345 and Schedule II of Act V of 1860

In the Code of Criminal Procedure, 1898, in its application to the Province of West Pakistan—

(a) in the table under sub-section (1) of section 345, the entries relating to the offence of unlawful compulsory labour under section 374 of the Pakistan Penal Code shall be omitted; and

(b) in schedule II—

(i) for the word “bailable” appearing in column 5 against section 363 of the Pakistan Penal Code, the words “Not bailable” shall be substituted;

(ii) for the existing entries against section 374 of the Pakistan Penal Code, the following entries shall be substituted, namely:-

374
Unlawful compulsory labour.
May arrest without warrant.
Ditto.
Not bailable.
Not Compound-able.
Imprison-ment of either description for 5 years or fine or both.
Ditto.

This Ordinance was promulgated by the Governor of West Pakistan on 30th October, 1969; published in the West Pakistan Gazette (Extraordinary), dated 6th November 1969, pages 1983-84; saved by Article 281 of the Interim Constitution of Pakistan (1972); and, validated by the Validation of Laws Act, 1975 (LXIII of 1975).

Government of Pakistan – Law for Ahmadis
Religious and Ahmadi-specific Laws

EXTRAORDINARY
PUBLISHED BY AUTHORITY
ISLAMABAD, THURSDAY, APRIL 26, 1984

PART 1

Acts, Ordinances, President’s Orders and Regulations including Martial law Orders and Regulations

Government of Pakistan

MINISTRY OF LAW AND PARLIAMENTARY AFFAIRS
(LAW DIVISION)

Islamabad, the 26th April 1984

No. F.17 (1) 84-Pub. The following Ordinance made by the President is hereby published for general information.

ORDINANCE NO. XX OF 1984
AN ORDINANCE

to amend the law to prohibit the Quadiani group, Lahori group and Ahmadis from indulging in anti-Islamic activities:

WHEREAS it is expedient to amend the law to prohibit the Quadiani group, Lahori group and Ahmadis from indulging in anti-Islamic activities:

AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action:

NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:

PART I – PRELIMINARY
1. Short title and commencement.
(1) This Ordinance may be called the Anti-Islamic Activities of the Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, 1984.

(2) It shall come into force at once.

2. Ordinance to override orders or decisions of courts.
The provisions of this Ordinance shall have effect notwithstanding any order or decision of any court.

PART II – AMENDMENT OF THE PAKISTAN PENAL CODE
(ACT XLV OF 1860)

3. Addition of new sections 298B and 298C, Act XLV of 1860.
In the Pakistan Penal Code (Act XLV of 1860), in Chapter XV, after section 298A, the following new sections shall be added, namely:
“298B. Misuse of epithets, descriptions and titles, etc., reserved for certain holy personages or places.
(1) Any person of the Quadiani group or the Lahori group (who call themselves ‘Ahmadis’ or by any other name) who by words, either spoken or written, or by visible representation;
(a) refers to, or addresses, any person, other than a Caliph or companion of the Holy Prophet Muhammad (peace be upon him),as ‘Ameerul Mumineen’, ‘Khalifa-tui-Mumineen’, ‘Khalifa-tul-Muslimeen’, ‘Sahaabi’ or ‘Razi Allah Anho’

(b) refers to, or addresses, any person, other than a wife of the Holy Prophet Muhammad (peace be upon him) as ‘Ummul-Mumineen’

(c) (c) refers to, or addresses, any person, other than a member of the family (Ahle-bait) of the Holy Prophet Muhammad (peace be upon him), as ‘Ahle-bait’; or

(d) refers to, or names, or calls, his place of worship as ‘Masjid’;

shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.

(2) Any person of the Quadiani group or Lahori group (who call themselves Ahmadis or by any other name) who by words, either spoken or written, or by visible representation, refers to the mode or form of call to prayers followed by his faith as ‘Azan’ or recites Azan as used by the Muslims, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

(3) 298C. Person of Quadiani group etc., calling himself a Muslim or preaching or propagating his faith.
Any person of the Quadiani group or the Lahori group (who call themselves ‘Ahmadis’ or by any other name), who, directly or indirectly, poses himself as Muslim, or calls, or refers to, his faith as Islam, or preaches or propagates his faith, or invites others to accept his faith, by words, either spoken or written, or by visible representations, or in any manner whatsoever outrages the religious feelings of Muslims, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.”

PART III AMENDMENT OF THE CODE OF CRIMINAL PROCEDURE 1898
(ACT V OF 1898)
4. Amendment of section 99A, Act V of 1898. In the Code of Criminal Procedure, 1898 (Act V of 1898), hereinafter referred to as the said Code, in section 99A, in sub-section (I):
(a)
after the words and comma “of that class”, the words, figures, brackets, letter and commas “or any matter of the nature referred to in clause (ii) of sub-section (1) of section 24 of the West Pakistan Press and Publications Ordinance, 1963,” shall be inserted; and

(b)
after the figure and letter “295A”, the words, figures and letters “or section 298A or section 298B or section 298C” shall be inserted.

5. Amendment of Schedule II. Act V of 1898. In the said Code, in Schedule II, after the entries relating to section 298A, the following entries shall be inserted, namely:

PART IV AMENDMENT OF THE WEST PAKISTAN PRESS AND PUBLICATIONS ORDINANCE 1963 (W.P. ORDINANCE NO. XXX OF 1963)

6.
Amendment of section 24, West Pakistan Ordinance No. XXX of 1963.
In the West Pakistan Press and Publications Ordinance, 1963 (W.P. Ordinance No. XXX of 1963), in section 24, in sub-section (1) after clause (i), the following new clause shall be inserted, namely;

“(ii)
are of the nature referred to in section 298A, section 298B. or section 298C of the Pakistan Penal Code (Act XLV of 1860), or”,

General, M. Zia-Ul-Haq,
President.

The “Prevention of Electronic Crimes Ordinance, 2007″ will apply to every person who commits an offence under the said Ordinance irrespective of his nationality or citizenship whatsoever or in any place outside or inside Pakistan, having detrimental effect on the security if Pakistan or its nationals or national harmony or any property or any electronic system or data located in Pakistan or any electronic system or data capable of being connected , sent to, used by or with any electronic system in Pakistan.

The ordinance i.e. “Prevention of Electronic Crimes Ordinance, 2007″ gives exclusive powers to the Federal Investigation Agency (FIA) to investigate and charge cases against such crimes.

The ordinance covers provision for illegal and criminal acts such as data access, data damage, system damage, electronic fraud, electronic forgery, spamming, spoofing, cyber terrorism etc.

Chapter II of the “Prevention of Electronic Crimes Ordinance, 2007″ deals with the Offences and Punishments. Punishments range from two years to death penalty. For the general guidance offences and punishments are mentioned below:

Section 3 of the “Prevention of Electronic Crimes Ordinance, 2007″ deals with criminal access: The said section states

Criminal Access: Whoever intentionally gains unauthorized access to the whole or any part of an electronic system or electronic device with or without infringing security measures, shall be punished with imprisonment of either description for a term which may extend to two years or with fine not exceeding three hundred thousand rupees, or with both.

Criminal Data Access is an Offence and Punishable.

Section 4 of the” Prevention of Electronic Crimes Ordinance, 2007“, states,

Criminal data access: Whoever intentionally causes any electronic system or electronic device to perform any function for the purpose of gaining unauthorized access to any data held in any electronic system or electronic device or on obtaining such unauthorized access shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.

“Prevention of Electronic Crimes Ordinance, 2007″

Section 5 states:

Data Damage: Whoever with intent to illegal gain or cause harm to the public or any person, damages any data shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.

“Prevention of Electronic Crimes Ordinance, 2007″

Section 6 states:

System Damage: Whoever with intent to cause damage to the public or any person interferes with or interrupts or obstructs the functioning, reliability or usefulness of an electronic system or electronic device by imputing, transmitting, damaging, deleting, altering, tempering, deteriorating or suppressing any date or services or halting electronic system or choking the networks shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.

“Prevention of Electronic Crimes Ordinance, 2007″

Section 7 states:

Electronic fraud: Whoever for wrongful gain interferes with or uses any data, electronic system or electronic device or induces any person to enter into a relationship or with intent to deceive any person, which act or omissions is likely to cause damage or harm to that person or any other person shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

“Prevention of Electronic Crimes Ordinance, 2007″

Section 8 states:

Electronic Forgery: Whoever for wrongful gain interferes with data, electronic system or electronic device, with intent to cause damage or injury to the public or to any person, or to make any illegal claim or title or to cause any person to part with property or to enter into any express or implied contract, or with intent to commit fraud by any input, alteration, deletion, or suppression of data, resulting in unauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless of the fact that the data is directly readable and intelligible or not shall be punished with imprisonment for a term which may extend to seven years, or with fine or with both.

“Prevention of Electronic Crimes Ordinance, 2007″

Section 9 states:

Misuse of electronic system or electronic device: Whoever produces, possesses, sells, procures, transports, imports, distributes or otherwise makes available an electronic system or electronic device, including a computer program, designed or adapted primarily for the purpose of committing any of the offences established under this Ordinance or a password, access code, or similar data by which the whole or any part of an electronic system or electronic device is capable of being accessed or its functionality compromised or reverse engineered, with the intent it be used for the purpose of committing any of the offences established under this ordinance, is said to commit of misuse of electronic system or electronic devices. Whoever commits the offence shall be punishable with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

“Prevention of Electronic Crimes Ordinance, 2007″

Section 10 states:

Unauthorized access to code: Whoever discloses or obtains any password, access as to code, system design or any other means of gaining access to any electronic system or data with intent to obtain wrongful gain, do reverse engineering or cause wrongful loss to any other unlawful purpose shall be punished with imprisonment of either description for a term which may extend to three years or with both.

“Prevention of Electronic Crimes Ordinance, 2007″

Section 11 states:

Misuse of encryption: Whoever for the purpose of commission of an offence or concealment of incriminating evidence, knowledge and willfully encrypts any incriminating communication or data contained in electronic system relating to that crime or incriminating evidence, commits the offence of misuse of encryption shall be punished with imprisonment of either description for a term which may extend to five years or with fine or with both.

“Prevention of Electronic Crimes Ordinance, 2007″

Section 12 states:

Malicious code: Whoever willfully writes, offers, makes available, distributes or transmits malicious code through an electronic system or electronic device, with intent to cause harm to any electronic system or resulting in the corporation, distribution, alteration, suppression, theft or loss of data commits the offence of malicious code.

Provided that the provision of this section shall not apply to the authorized testing, research and development or protection of an electronic system for any lawful purpose.

Whoever commits the offence shall be punished with imprisonment of either description for a term which may extend to five years, or with fine or with both.

“Prevention of Electronic Crimes Ordinance, 2007″

Section 13 states:

Cyber stalking: Whoever with intent to coerce, intimidate, or harass any person uses computer, computer network, internet, network site, electronic mail or any other similar means of communication to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, picture or image, make any suggestion or proposal of an obscene nature, threaten any illegal or immoral act, take or distribute pictures or photographs of any person without his consent or knowledge, display or distribute information in a manner that substantially increases the risk of harm or violence to any other person, commits the offence of cyber stalking.

Whosoever commits the offence shall be punishable with imprisonment of either description for a term which may extend to seven years or with fine not exceeding three hindered thousand rupees, or with both.

Provided that if the victim of the cyber stalking is a minor the punishment may extend to ten years or with fine not less than one hundred thousand rupees or with both.

“Prevention of Electronic Crimes Ordinance, 2007″

Section 14 states:

Spamming: Whoever transmits harmful, fraudulent, misleading, illegal or unsolicited electronic messages in bulk to any person without the express permission of the recipient, or causes any electronic system to show any such message or involves in falsified online user account registration or falsified domain name registration for commercial purpose commits the offence of spamming.

Whoever commits the offence of spamming shall be punishable with fine not exceeding fifty thousand rupees if he commits this offence of spamming for the first time and for every subsequent commission of offence of spamming he shall be punished with imprisonment of three months or with fine, or with both.

“Prevention of Electronic Crimes Ordinance, 2007″

Section 15 states:

Spoofing: Whoever establishes a website, or sends an electronic message with a counterfeit source intended to be believed by the recipient or visitor or its electronic system to be an authentic source with intent to gain unauthorized access or obtain valuable information which later can be used for any lawful purposes commits the offence of spoofing.

Whoever commits the offence of spoofing specified shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

“Prevention of Electronic Crimes Ordinance, 2007″

Section 16 states:

Unauthorized interception: Whoever without lawful authority intercepts by technical means, transmissions of data to, from or within an electronic system including electromagnetic system carrying such data commits the offence of unauthorized interception. The punishment for the offence of unauthorized interception shall be imprisonment of either description for a term which may extend to five years, or with fine not exceeding five hundred thousand rupees or with both.

“Prevention of Electronic Crimes Ordinance, 2007″

Section 17 states:

Cyber terrorism: Any person, group or organization who, with terroristic intent utilizes, accesses or causes to be accessed a computer or computer network or electronic system or electronic device or by any available means, and thereby knowingly engages in or attempts to engage in a terroristic act commits the offence of cyber terrorism.

Whoever commits the offence of cyber terrorism and causes death of any person shall be punished with death or imprisonment for life, and with fine and in any other cause he shall be punishable with imprisonment of either description for a term which may extend to ten years or with fine not less than ten million rupees or with both.

“Prevention of Electronic Crimes Ordinance, 2007″

Section 18 states:

Enhanced punishment for offences involving sensitive electronic systems:

Whoever cause criminal access to any sensitive electronic system in the course of the commission of any of the offences established under this Ordinance shall in addition to the punishment prescribed for that offence, be punished with imprisonment of either description for a term which may extend to ten years, or with fine not exceeding one million rupees, or with both.

“Prevention of Electronic Crimes Ordinance, 2007″

Section 19 states:

Of abets, aids or attempts to commits offence: Any person who knowingly and willfully abets the commission of or who aids to commit or does any act preparatory to or in furtherance of the commission of any offence under this Ordinance shall be guilty of that offence and shall be liable on conviction to the punishment provided for the offence.

Any person who attempts to commit an offence under this Ordinance shall be punished for a term which may extend to one-half of the longest term of imprisonment provided for that offence.

“Prevention of Electronic Crimes Ordinance, 2007″

Section 20 states:

Other Offences: Whoever commits any offence, other than those expressly provided under this Ordinance with the help of computer electronic system, electronic device or any other electronic means shall be punished in addition to the punishment provided for that offence, with imprisonment of either description for a term which may extend to two years, or with fine not exceeding two hundred thousand rupees or with both.

“Prevention of Electronic Crimes Ordinance, 2007″

Section 21 states:

Offences by corporate body.

A corporate body shall be held liable for an offence under this Ordinance of the offence is committed on its instructions or for its benefit. The corporate body shall be punished with fine not less than one hundred thousand rupees or the amount involved in the offence whichever is the higher Provided that such punishment shall not absolve the criminal liability of the natural person who has committed the offence.

Corporate body includes a body of persons incorporated under any law such as trust, waqf, an association, a statutory body or a company.