THE
LAW REFORMS ORDINANCE. 1972

Ordinance No. XII of 1972
11th April. 1972
Whereas it is expedient, for the purpose of giving effect to certain recommendations of the Law Reforms Commission, 1967—70, to amend certain laws; and whereas the national interest of Pakistan in relation to the achievement of uniformity requires Central legislation in the matter ;

Now, therefore, in pursuance of the Proclamation of the 25th day of March, 1969, read with the Proclamation of the 20th day of December, 1971 and the Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance ;—

l.— Short title and commencement. (l) This Ordinance may be called the Law Reforms Ordinance, 1972.

(2) It shall come into force at once, except the provisions of the Schedule relating to amendments in the Code of Criminal Procedure, 1898, which shall come into force in any Province with effect from such date as the Provincial Government thereof may, by notification in the official Gazette, specify in this behalf and different dates may be so specified for different provisions and for different areas in a Province so that the amendments in the Code are brought in force throughout the Province progressively.

2.— Amendment of certain laws. (1) The Acts and Ordinances specified in the Schedule are hereby amended to the extent and in the manner specified in the fourth column thereof.

(2) Where this Ordinance requires that in any specified law, or in any section or other portion thereof, certain words shall be substituted for certain other words, or that certain words shall be omitted, the substitution or omission, as the case may be, shall, except where it is otherwise expressly provided, be made wherever the words referred to occur in that law, or as the case may be, in that section or portion.

3.— Appeal to High Court in certain cases.

(1) An appeal shall lie to a Bench of two or more Judges of a High Court from a decree passed or final order made by a single Judge of that Court in the exercise of its original civil jurisdiction

(2) An appeal shall also lie to a Bench of two or more Judges of a High Court from an order made by a single Judge of that Court under clause(l) of Article 199 of the Constitution of the Islamic Republic of Pakistan not being an order made under sub-paragraph (i) of paragraph (b) of that clause :
Provided that the appeal referred to in this sub-section shall not be available or competent if the application brought before the High Court under Article 199 arises out of any proceedings in which the law applicable provided for at least one appeal or one revision or one review to any court, tribunal or authority against the original order.

(3) No appeal shall lie under sub-section (1) or sub-section (2) from an interlocutory order or an order which does not dis¬pose of the entire case before the Court.

(4) Nothing contained in this Ordinance shall be construed as affecting—

(a) any appeal under the provisions of the Letters Patent applicable to a High Court or under section 102 of the Code of Civil Procedure, 1908, which was pending immediately before the commencement of this Ordinance ; or

(b) any appeal or petition for leave to appeal from a decree. judgment or order of a single Judge of a High Court made to the Supreme Court before the commencement of the Law Reforms (Amendment) Ordinance, 1972..

4.— Computation of period of limitation. In computing the period of limitation for filing an appeal under the provisions of section 3, the period commencing the fourteenth of April, 1972, or the date of the decree or order against which the appeal is to be filed, whichever shall be later, and the date of the commencement of the Law Reforms (Amendment) Act, 1972, shall be excluded. :

5. Saving Notwithstanding anything contained in this Ordinance,—

(a) the trial of a warrant case which was pending before a Magistrate immediately before the twenty-first day of December, 1975, and in which charge had been framed ; or

(b) any inquiry into a case triable by the Court of Session or High Court in which charge was framed, or in which the accused was committed for trial by the Court of Session or the High Court before the twenty-first day of December, 1975 ; shall be proceeded with and completed as if the provisions of the Schedule to this Ordinance relating to amendments in the Code of Criminal Procedure, 1898, had not come into force :

Provided that any such case decided by a Magistrate, or any case in which the accused was committed for trial by the Court of Session or the High Court an d decided by it, on or after the said twenty-first day of December, 1975, but before the commencement of the Law Reforms (Amendment) Ordinance, 1976, by following the procedure provided in the said Code as amended by this Ordinance, shall be deemed to have been validly decided.
THE SCHEDULE
See Section 2 (1)
Year of Statute Number of Statute Short title of Statue Amendments made.
1860 XLV The Pakistan Penal Code. 1. In section 53, in clause Secondly, for the word “Transportation” the words “ Imprisonment for life “ shall be substituted.
2. In section 55, for the word “ transportation “ the word “ imprisonment” shall be substituted;
3. In section 57,—
(i) for the word “ transportation “ the word “ imprisonment” shall be substi-tuted ; and
(ii) for the words “ twenty years “ the words “ twenty-five years “ shall be sub¬stituted.
4. Sections 58 and 59 shall be omitted.
5. In sections 75, 115, 118 and 119, for the words “ transportation for life the words “ imprisonment for life “ shall be substituted.
6. In section 120B, in sub-section (1), for the word “ transportation “ the words im¬prisonment for life “ shall be substituted.
7. In section 121, for the words “ transportation for life “ the words “ imprisonment for life “ shall be substituted.
8. In section 121A, for the words “ transportation for life or any shorter term “ the words “ imprisonment for life “ shall be substituted.
9. In section 122, for the words “ transportation for life “ the words “ imprisonment for life” shall be substituted.
10. In section 124A, for the words “ transportation for life or any shorter term “ the words “ imprisonment for life “ shall be substituted.
11. In sections 125, 128, 130, 131 and 132, for the words “ transportation for life w the words “ imprisonment for life “ shall be substituted.
12. In section 174, for the full stop at the end a semi-colon shall be substituted and thereafter the following clause shall be added, namely :—
“ or, if the proclamation be under section 87 of the Code of Criminal Procedure, 1898, with imprisonment which may extend to three years, or with fine, or with both.”.
13. In section 194, for the words “ transportation for life “ the words “ imprisonment for life “ shall be substituted.
14. In section 195,—
(i) for the words “ transportation for life “ the words “ imprisonment for life “ shall be substituted ; and
(ii) for the words “ such transportation “ the words “ such imprisonment for life “ shall be substituted.
15. In sections 201,211,212, 213, 214, 216 and 221, for the words transportation for life “ the words “ imprisonment for life “ shall be substituted.
16. In sections 222 and 225,—
(i) for the words “ transportation for life “ the words “ imprisonment for life “ shall be substituted ; and
(ii) the words “ or to transportation “ shall be omitted.
17. Section 226 shall be omitted.
18. In sections 232, 238, 255, 302, 303, 304, 305, 307, 311, 313. 314. 326, 329, 364, 364A,371, 376, 377, 388, 389, 394, 395, 396, 400, 409, 412, 413, 436, 438, 449, 450, 459, 460, 467, 472, 474, 475, 477, 489A, 489B and 489D, for the words “ trans¬portation for life “ the words “ imprisonment for life “ shall be substituted.
19. In section 506, for the word “ transportation “ the words “ imprisonment for life “ shall be substituted.
20. In section 511,—
(i) for the word “ transportation “ occurring for the first time the words imprisonment for life shall be substituted ; and
(ii) for the words and comma “ transportation or imprisonment of any descrip¬tion provided for the offence, for a term of transportation or imprisonment which may extend to one-half of the longest term provided for that offence “ the following words and comma shall be substituted, namely :—
“imprisonment, of any description provided for the offence, for a term which may extend to one-half of the longest term of imprisonment provided for that offence”
21. In section 195, in the marginal note, for the words “ transportation or imprison¬ment “ the words “ imprisonment for life or for a term of seven years or upwards “ shall be substituted.
22. In section 201, in the marginal note, for the word “ transportation “ the words
“ imprisonment for life “ shall be substituted.
23. In section 388, in the marginal note, for the word “ transportation “ the words “ imprisonment for life “ shall be substituted.
24. In section 511, in the marginal note, for the words “ transportation or imprisonment” the words “imprisonment for life or for a shorter term “ shall be substituted.
1872 I The Evidence Act, 1872. 1. In section 74, for the full stop at the end a semi-colon shall be substituted and there-after the following new clauses shall be added, namely :—
“(3) documents forming part of the records of judicial proceedings ;
(4) documents required to be maintained by a public servant under any law ;
and
(5) registered documents the execution whereof is not disputed.”.
2. After section 90, the following section shall be added, namely :—
“90A. Certified copies of documents thirty years old— The pro visions of section 90 shall apply to such copy of a document referred to in that section as is certified in the manner provided in section 76 and is not less than thirty years old ;
and such certified copy may be produced in proof of the contents of the docu¬ment or part of the document of which it purports to be a copy.”
3. After section 151, the following new section 151A shall be inserted, namely :—
“151A. Procedure of Court in cases of defamation, libel and slander.—When a person is prosecuted or sued for making or publishing an imputation of a de¬famatory, libelous or slanderous nature, the Court shall not, before it has re¬corded its findings on the issues whether such person did make or publish such imputation, and whether such imputation is true, permit any question to be put to any witness for the purpose of injuring the character of the person in respect of whom such imputation has, or is alleged to have been made, or any other person, whether dead or alive, in whom he is interested, except in so far as any such question may be necessary for the purposes of determining the truth of the imputations alleged to have been made or published.”.
1877 IX The Provincial Small Causes court Act, 1887 1. In Section 15,—
(i) in sub-section (2), for the words “ one thousand “ the words “ two thousand “ shall be substituted ; and
(ii) in sub-section (3), for the words “ Provincial Government” the words “ High Court “ and for the words “ two thousand “ the words “ five thou¬sand “ shall be substituted.
2. In section 27-A, in sub-section (1), for the words “ one thousand )” the words “two thousand “ and for the words “ two thousand “ the words “ five thousand “ shall be substituted.
1894 IX The Prisons Act, 1894. 1. In section 57, in sub-section (1), for the word “ transportation “ the words “ im¬prisonment for life “ shall be substituted.
2. In section 59,—
(a) in clause (5), after the word “ sentences “ at the end, the words and commas so, however, that a sentence of imprisonment for life is not shortened to a period of imprisonment less than fifteen years “ shall be added ;
(b) in clause (16), for the word “ transportation “ the words “ imprisonment for life “ shall be substituted ; and
(c) in clause (22), for the words “ transportation or “ the words “imprisonment for life or shorter “ shall be substituted.
1898 V The Code of Criminal Procedure, 1898. 1. In section 4, in sub-section (1), clauses (e), (v) and (w) shall be omitted.
2. For section 6, the following shall be substituted, namely :—
“6. Classes of Criminal Courts and Magistrates.—^) Besides the High Court and the Courts constituted under any law other than this Code for the time being in force, there shall be two classes of Criminal Courts in Pakistan, namely :—
I. Courts of Session ;
II. Courts of Magistrates.
(2) There shall be the following classes of Magistrates, namely :—
I. Judicial Magistrates.—
(1) Magistrates of the first class.
(2) Magistrates of the second class.
(3) Magistrates of the third class.
(4) Special Judicial Magistrates.
II. Executive Magistrates.—
(1) District Magistrates.
(2) Additional District Magistrates.
(3) Sub-divisional Magistrates.
(4) Special Executive Magistrates.”.
2A. In section 10, in sub-section (3), for the commas, figures, words and brackets “, 407, sub-section (2) and 528, sub-sections (2) and (3) “ the words, figures, comma and brackets “and 407, sub-section (2) “ shall be substituted.
3. For section 10, the following shall be substituted, namely :—
“10. District Magistrates.—(1) In every district, the Provincial Government shall appoint a District Magistrate.
(2) The Provincial Government may also appoint Additional District Magistra¬tes to exercise jurisdiction in one or more districts, and such Additional District Magistrates shall have all or any of the powers of a District Magis¬trate under this Code or under any other law for the time being in force, as the Provincial Government may direct.”.
4. In section 12, in sub-section (1), the commas and words “. besides the District Magistrate “ and the words and comma “ the Provincial Government m the District Magistrate, subject to the control of the Provincial Government shall be omitted.
5. In section 13, for the words “ Magistrate of the first or second class “ the words “ Executive Magistrate “ shall be substituted.
6. For section 14, the following shall be substituted, namely :—
14. Special Judicial and Executive Magistrates—(I) The Provincial Government may, on the recommendation of the High Court, confer upon any person all or any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate in respect to particular cases or to a particular class or particular classes of cases, or in regard to cases generally in any local area.
(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term as the Provincial Government may, in consultation with the High Court, by general or special order, direct.
(3) The Provincial Government may also appoint Executive Magistrates for particular areas or for performance of particular functions and confer upon them all or any of the powers conferred or conferrable by or under this Code on an Executive Magistrate.
(4) Such Magistrates shall be called Executive Magistrates, and shall be appoin¬ted for such term as the Provincial Government may, by general or special order, direct :
Provided that no powers shall be conferred under this sub-section on any Police Officer below the grade of Assistant Superintendent and no power shall be conferred on a Police Officer except so far as may be necessary for preserving the peace, preventing crime and detecting, apprehending and de¬taining offenders in order to their being brought before a Magistrate and for performance by the Officer of any other duties imposed upon him by any law for the time being in force. .
(5) The Provincial Government may delegate, subject to such limitations as it thinks fit, to any officer under its control the powers conferred by sub-section (3).
7. In section 15, in sub-section (1), for the word “ Magistrates “ the words “ Judicial
Magistrates “ shall be substituted.
8. In section 16, the words and commas or, subject to the control of the Provincial Government, the District Magistrate may,” shall be omitted.
9. In section 17,—
(i) for sub-sections (1) and (2) the following shall be substituted, namely :—
“ Subordination of Judicial Magistrates and Benches to Sessions Judge.—(1) All Judicial Magistrates appointed under sections 12 and 14, and all Benches constituted under section 15, shall be subordinate to the Ses-sions Judge, and he may, from time to time, make rules or give special orders consistent with this Code and any rules framed by the Provincial Government under section 16, as to the distribution of business among such Magistrates and Benches.
Subordination of Executive Magistrates to District Magistrate.—(2) All Execu¬tive Magistrates appointed under sections 13 and 14 shall be subordi¬nate to the District Magistrate and he may, from time to time, make rules or give special orders consistent with this Code and any rules fra¬med by the Provincial Government under section 16, as to the distribu¬tion of business among such Magistrates.
Subordination of Executive Magistrates to Sub-divisional Magistrate (2A). – Every Executive Magistrate (ether than a Sub-divisional Magistrate) in a Sub-division shall also be subordinate to the Sub-divisional Magis¬trate, subject, however, to the general control of the District Magistrate.”;
(ii) in sub-section (4), the words and commas “ or, if there be no Additional or Assistant Sessions Judge, by the District Magistrate,” and the words “ or Magistrate “ shall be omitted ; and
(iii) sub-section (5) shall be omitted. (10) For section 22, the following shall be substituted, namely :—
“22. Appointment of Justices of the Peace.—The Provincial Government may, by notification in the official Gazette, appoint, for such period as may be speci¬fied in the notification, and subject to such rules as may be made by it, any person who is a citizen of Pakistan and as to whose integrity and suitability it is satisfied to be a Justice of the Peace for a local area to be specified in the notification, and more than one Justice of the Peace may be appointed for the same local area.
22A. Powers of Justices of the Peace.—(1) A Justice of the Peace for any local area shall, for the purpose of making an arrest, have within such area all the powers of a police officer referred to in section 54 and of an officer in charge of a police-station referred to in section 55.
(2) A Justice of the Peace making an arrest in exercise of any powers under sub¬section (1) shall, forthwith, to take or cause to be taken the person arrested be¬fore the officer in charge of the nearest police-station and furnish such officer with a report as to the circumstances of the arrest and such officer shall there¬upon re-arrest the person
(3) A Justice of the Peace for any local area shall have powers, within such area, to call upon any member of the police force on duty to aid him—
(a) in taking or preventing the escape of any person who has participated in the commission of any cognizable offence or against whom a reason¬able complaint has been made or credible information has been received or a reasonable suspicion exists of his having so participated ; and
(b) in the prevention of crime in general and, in particular, in the preven-tion of a breach of the peace or a disturbance of the public tranquility.
(4) Where a member of the police force on duty has been called upon to render aid under sub-section (3), such call shall be deemed to have been made by a competent authority.
(5) A Justice of the Peace for any local area may, in accordance with such rules as may be made by the Provincial Government,—
(a) issue a certificate as to the identity of any person residing with such area, or
(b) verify any document brought before him by any such person, or
(c) attest any such document required by or under any law for the time being in force to be attested by a Magistrate,
and until the contrary is proved, any certificate so issued shall be presumed to lie correct and any document so verified shall be deemed to be duly veri¬fied, and any document so attested shall be deemed to have been as fully attested as if he had been a Magistrate.
22B. Duties of Justices of the peace— Subject to such rules as may be made by the Provincial Government, every Justice of the Peace for any local area shall—
(a) on receipt of information of the occurrence of any incident involving a breach of the peace, or of the commission of any offence within such local area, forthwith make inquiries into the matter and report in writing the result of his inquiries to the nearest Magistrate and to the officer in charge of the nearest police-station ;
(b) if the offence referred to in clause (a) is a cognizable offence, also prevent the removal of anything from, or the interference in any way with, the place of occurrence of the offence ;
(c) when so requested in writing by a police-officer making an investigation under Chapter XIV in respect of any offence committed within such local area,—
(i) render all assistance to the police-officer in making such an investigation ;
(ii) record any statement made under expectation of death by a person in respect of whom a crime is believed to have been committed.
11. In section 28, in the Illustration, for the words “ committed to “ the words “ tried by “ shall be substituted.
12. For section 29-15 the following shall be substituted, namely :—
“29-B. Jurisdiction in the case of juveniles.—Any offence, other than one punish-able with death or imprisonment for life, committed by any person who at the date when he appears or is brought before a Court is under the age of fifteen years, may be tried by any Judicial Magistrate specially empowered by the Provincial Government to exercise the powers conferred by section 8, sub¬section (1), of the Reformatory Schools Act, 1897, or, in any area in which the said Act is not applicable, by any other law providing for the custody, trial or punishment of youthful offenders, by any Magistrate empowered by or under such law to exercise all or any of the powers conferred thereby.”.
12-A. In section 30, the words and comma “ and the District of Sylhet,” shall be omitted.
13. Section 30 shall be omitted.
15. In section 32, in sub-section (1),—
(i) for the words “ two years “ the words “ three years “; for the words “ one thousand “ the words “ five thousand “; for the words “ six months “ the words “ one year “; and for the words “ two hundred “ the words “ on thousand “ shall respectively be substituted ; and
(u) for the word “ Magistrate “, occurring for the first time, the words “ Judicial Magistrate “ shall be substituted.
16. Section 34 shall be omitted.
17. In section 35,—
(ii) in sub-section (2) in clause (b) of the proviso, the brackets, words and figure (other than a Magistrate acting under section 34) ball be omitted.
18. In section 36, for the words and commas “ District Magistrates, Sub-Divisional Magistrates and the Magistrates of the first, second and third classes.” the words “ Judicial and Executive Magistrates “ shall be substituted.
19. For section 37 the following shall be substituted, namely :—
37. Additional Powers conferrable on Magistrates.—In addition to his ordinary powers, any Magistrate may be invested by the Provincial Government with any powers specified in the fourth schedule :
Provided that, in the case of a Judicial Magistrate, such powers shall be con¬ferred on the recommendation of the High Court :
Provided further that the Provincial Government may authorise a District Magis¬trate to invest any Magistrate subordinate to him with any of the powers specified in Part II of the fourth schedule. “ .
20. In section 41, in sub-section (1) for the full-stop at the end a colon shall be substi¬tuted and thereafter the following proviso shall be added, namely :— “Provided that, in the case of a Judicial Magistrate, the withdrawal of such powers shall not be made except on the recommendation of the High Court. “,
21. In section 42, after the word “ Magistrate”, the comma and words “ , Justice of the Peace “ shall be inserted.
22. In section 44,—
(i) for sub-section (1) the following shall be substituted, namely :—
(1) Every person aware of the commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Pakistan Penal Code. namely, 121, 121A, 122, 123, 123A.124, 124A, 125, 126, 130, 143, 144, 145 147. 148, 153A ,161, 162, 163, 164. 165, 168, 170, 231, 232, 255, 302, 303, 304, 304A, 364A, 382, 392, 393, 394, 395 396, 397, 398, 399, 402, 435, 436, 449, 450, 456, 457, 458, 459, 460 and 489A shall, in the absence of reasonable excuse the burden of proving which shall lie upon the person so aware, forth¬with give information to the nearest Magistrate or police-officer of such
commission or intention and;
(ii) In sub-section (I) substituted as aforesaid, after the word “ Magistrate” the comma and words justice of the Peace “ shall be inserted.
23. In section 45, in sub-section (1), after the word “Magistrate” occurring for the first time, the words “ or Justice of the Peace “ shall be inserted.
25. In section 57. in sub-section (2), after the word Magistrate “, the words and; comma “having jurisdiction,” shall be inserted;
26. In section 68, in sub-section (2), for the full-stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely :—
“ Provided that the Court may, at the request of the complainant or the accused, allow him to serve the summons on his own witnesses”.
27. In section 69, in sub-section (2), the words and comma “ if so required by the serving officer,” shall be omitted.
28. In section 70, the commas and words “, if so required by the serving officer,” shall be omitted.
29. In section 72, in sub-section (I), for the words “ Railway Company “ the words “ a statutory body or a company “ shall be substituted.
30. hi section 74, in sub-section (1), for the word “ officer “ the word person “ shall be substituted
31. In Section ,86, in sub-section (1), for the full stop at the end a colon shall be substituted and thereafter the following further proviso snail be added, namely :—
“ Provided further that if the offence is not bailable or not direction has been endorsed under section 76 on the warrant, the Sessions Judge of the Sessions division in which the person is arrested may, subject to the provisions of section 49 7 and for sufficient reasons, release the person on an interim bail on such bond or security as the Sessions Judge thinks fit and direct the person to appear by a specified date before the Court which issued the warrant and forward the bond to that Court”.
32. After section 86, the following new section 86A shall be inserted, namely :—
“ 86A. procedure for removal in custody to Tribal Area.—Where a person arrested under section 85 is to be removed in custody to any place in the Tribal Areas, he shall be produced before a Magistrate within the local limits of whose jurisdiction the arrest was made, and such Magistrate in directing the removal shall hear the case in the same manner and have the same juris¬diction and powers, as nearly as may be, including the power to order the production of evidence, as if the person arrested were charged with an offence. committed within the jurisdiction of such Magistrate; and such Magistrate shall direct the removal of the arrested person in custody if he is satisfied that the evidence produced before him raises a strong or probable presumption that the person arrested committed the offence mentioned in the warrant.
32A. In section 86A, for the word Magistrate occurring for the first time, the words Judicial Magistrate shall be substituted.
33. In section 87, in sub-section (1), for the words and brackets “ has reasons to believe (whether after taking evidence or not)” the words “is satisfied after taking evidence “ shall be substituted.
34. In section 88,—
(i) in sub-section (6) for the words and figure “ Chapter XXXVI of the Code of Civil Procedure “ the words and figures “ Order XL of the Code of Civil Procedure, 1908” shall be substituted ; and
(ii) in sub-section (6C), the words and comma “ of the first or second class,” shall be omitted.
35. In section 90, the words “other than a juror or assessor” shall be omitted.
36. In section 98,—
(i) in sub-section (1), —
(a) for the words and comma “ or coin, or instruments or materials for counterfeiting coin or stamps “ the commas and words “, bank notes, currency notes or coin or instruments or materials for counterfeiting coin, stamps, bank notes or currency notes “ shall be substituted ;
(b) the commas and words “,if a District Magistrate, or a Sub-divisional Magistrate, upon information and after such inquiry as he thinks neces¬sary, has reason to believe that any place is used “ shall be omitted ;
(c) in clause (c), after the words “stamps”, the commas and words “, bank notes, currency notes “ shall be inserted ;
(d) in clause (d), after the word and comma “stamps,”, the words and commas “ bank notes, currency notes,” shall be inserted : and
(e) in clause (e), after the word and comma “ stamps,”, the words and commas “bank notes, currency notes, shall be inserted and for the words “or stamps “ the commas and words “, stamps, bank notes or currency notes “ shall be substituted ; and
(ii) in sub-section (2), for the words, figures and comma “ section 19 of the Sea Customs Act, 1878 “ the words, figures and comma “section 16 of the Cus¬toms Act, 1969 “ shall be substituted.
37. In section 99A, for the words, figure and commas Press and Registration of books Act, 186, the words, figures and commas West Pakistan Press and Publications Ordinance, 1963, or any other law relating to press and publications for the time being in force, shall be substituted.
38. Section 99B shall be re-numbered as sub-section (1) of that section and—
(i) in sub-section (1), re-numbered as aforesaid, after the words, figure, letter and comma “ under section 99A,”, the words “ or any other law for the time being in force “ shall be inserted; and
(ii) after sub-section (1) re-numbered and amended as aforesaid, the following new sub-section shall be added, namely :-—
(2) Nothing in sub-section (1) shall apply to a case where the order of for-feiture has been made—
(a) in respect of a newspaper, book or other document printed outside Pakistan : or
(b) in respect of a newspaper, book or other document on the convic¬tion, in respect of such newspaper, book or other document, of the author or editor thereof for any of the offences referred to in sub¬section (1) of section 99A.”,
39. Section 99C shall be omitted.
40. In section 99D,—
(i) in sub-section (1), for the words Special Bench “ the words “ High Court shall be substituted ; and
(ii) sub-section (2) shall be omitted.
41. In section 106,—
(i) in sub-section (1), the commas and words “, a District Magistrate, a Sub-divisional Magistrate or “ shall be omitted ; and
(ii) in sub-section (3), for the words and figures “ including a Court hearing appeals under section 407 or by the High Court when “ the words “ or by a Court “ shall he substituted.
42. In section 107, in sub-section (1),—
(i) for the commas and words “, District Magistrate, Sub-divisional Magistrate or Magistrate of the first class “ the words “ District Magistrate or Sub-divisional Magistrate or an Executive Magistrate specially empowered in this behalf by the Provincial Government or the District Magistrate “ shall be substituted ; and
(ii) for the words “ one year “ the words “ three years “ shall be substituted.
43. In section 108,—
(i) for the comma and words “, or a Magistrate of the first class “ the words “ or Sub-divisional Magistrate or an Executive Magistrate “ shall be sub-stituted ; and
(ii) for the commas, words and figure “, the rules laid down in the Press and
Registration of Books Act, 1867,” the commas, words and figures “, the provisions of the West Pakistan Press and Publications Ordinance, 1963, or any other Jaw relating to press and publications for the time being in force “ shall be substituted.
44. In section 109,—
(i) for the commas and words “, District Magistrate, Sub-divisional Magistrate or a Magistrate of the first class “ the words “ District Magistrate or Sub-divisional Magistrate or an Executive Magistrate specially empowered by the Provincial Government in this behalf “ shall be substituted ; and
(ii) for the words “ one year “ the words “ three years “ shall be substituted.
45. In section 110, for the words “ a Magistrate of the first class “ the words “ an Executive Magistrate “ shall be substituted.
46. In section 117, for sub-section (2), the following shall be substituted, namely :—
“(2) Such inquiry shall be made, as nearly as may be practicable, in the manner prescribed in Chapter XX for conducting trials and recording evidence, except that no charge need be framed.”.
47. In section 126, for the comma and the words “, Sub-divisional Magistrate or Magistrate of the first class” the words “ or Sub-divisional Magistrate “ shall be substituted.
48. In section 127, in sub-section (1), for the word “ Magistrate “ the words “ Execu¬tive Magistrate “ shall be substituted.
49. In section 128,-—
(i) for the word “ Magistrate “ the words “ Executive Magistrate “ shall be-substituted ; and
(ii) the words, comma and figure • or a volunteer enrolled under the Indian Volunteers Act, 1869 “ shall be omitted.
50. In section 129, for the word “ Magistrate “ the words “ Executive Magistrate “ shall be substituted.
51. In section 130, in sub-section (1), the words, commas and figure “ or of any vol¬unteers enrolled under the Indian Volunteers Act, 1869,” shall be omitted.
52. In section 131,—
(i) for the words “ no Magistrate “ the words (< no Executive Magistrate “ shall be substituted ; and (ii) for the words a Magistrate “ the words s{ an Executive Magistrate “ shall be substituted. 53. In section 132, in clause (d), the words and comma “or volunteer,” shall be omit¬ted. 54. In section 133,— (i) in sub-section (1), for the words a Magistrate of the first class “ the words an Executive Magistrate “ shall be substituted ; and (ii) for the words “Magistrate of the first or second class “ the words “Executive Magistrate “ shall be substituted. 55. In section 137, in sub-section (1), for the words as in a summons-case” the words in the manner provided in Chapter XX “ shall be substituted. 56. In section 143, for the words any other Magistrate “ the words any other Executive Magistrate “ shall be substituted. 57. In section 144, in sub-section (1), for the words and brackets “ Magistrate (not being a Magistrate of the third class)” the words “ Executive Magistrate “ shall be substituted. 58. In section 145, in sub-section (1), for the comma and words “, Sub-divisional Magistrate or Magistrate of the first class “ the words “ or Sub-divisional Magistrate or an Executive Magistrate specially empowered by Me Provincial Government in this behalf “ shall be substituted. 58A. In section 146, in sub-section (2), for the words “ Code of Civil Proce-dure “ the words, comma and figure Code of Civil Procedure, 1908 shall be substituted. 59. In section 147, in sub-section (1), for the comma and words “, Sub-divisional Magistrate or Magistrate of the first class “ the words 4t or Sub-divisional Magis¬trate or an Executive Magistrate specially empowered by the Provincial Govern¬ment in this behalf “ shall be substituted. 60. In section 155,— (i) in sub-section (1), for the word “ Magistrate “ the words “ Judicial Magis-trate “ shall be substituted ; and (ii) in sub-section (2), for the words and comma “ or commit the same for trial, or of a Presidency Magistrate” the words (t or send the same for trial to the Court of Session “ shall be substituted. 61. In section 156, after sub-section (3), the following new sub-section shall be added, namely :— (4) Notwithstanding anything contained in sub-section (1), (2) or (3), no police-officer shall investigate an offence under section 497 or section 498 of the Pakistan Penal Code, except upon a complaint made by the husband of the woman, or, in his absence, by some person who had the care of such woman on his behalf at the time when such offence was committed.”. 62. In section 164, after sub-section (1), the following new sub-section shall be added, namely :— (1-A). Any such statement may be recorded by such Magistrate in the presence of the accused, and the accused given an opportunity of cross-examining the witness making the statement. 63. In section 167,— (i) in sub-section (1), for the words “ nearest Magistrate “ the words nearest Judicial Magistrate “ shall be substituted ; (ii) in sub-section (2), for the word “ commit” the word “ send “ shall be sub¬stituted ; and (Hi) for sub-section (4\ the following shall be substituted, namely :— (4) The Magistrate giving such order shall forward a copy of his order, with his reasons for making it, to the Sessions Judge.”. 64. In section 169, for the word “ commit “ the word “ send “ shall be substituted. 65. In section 170,— (i) in sub-section (1), for the word “ commit” the word “ send “ shall be sub-stituted ; and (ii) sub-section (3) shall be omitted. 66. In section 174, in sub-section (5), for the words and comma “ Magistrate of the first class, and any Magistrate “ the words “ any other Executive Magistrate “ shall be substituted. 67. In section 178,— (i) for the words “ committed for trial in any district may be tried in any sessions division “ the words “ in any district sent for trial to a Court of Session may be tried in any sessions division “ shall be substituted ; and (ii) for the proviso the following shall be substituted, namely :— Provided that such direction is not repugnant to any direction previously issued by the High Court under section 526 of this Code or any other law for the time being in force.”. 68. In section 186, in sub-section (1), for the words and commas “ a District Magis¬trate, a Sub-divisional Magistrate, or, if he is specially empowered in this behalf by the Provincial Government, a Magistrate of the first class “ the words “a Magistrate of the first class specially empowered in this behalf by the Provincial Government on the recommendation of the High Court “ shall be substituted. 69. In section 187, in sub-section (1), for the words and comma “ by a Magistrate other than a District Magistrate, such Magistrate shall send the person arrested to the District or Sub-divisional Magistrate “ the comma and words “, the Magistrate issuing the Warrant shall send the arrested person to the Sessions Judge “ shall be substituted. 70. In section 190,— (i) in sub-section (1) for the words and commas “ any. District Magistrate or Sub-divisional Magistrate, and any other Magistrate specially empowered in this behalf “, the words “ any Judicial Magistrate specially empowered in this behalf by the Provincial Government on the recommendation of the i High Court “ shall be substituted ; and (ii) in sub-section (2), for the words and comma “ or the District Magistrate j subject to the general or special orders of the Provincial Government, may”, the words and commas “ may, en the recommendation of the High Court, empower any Judicial Magistrate shall be substituted ; (iiA) in sub-section (2), for the words “ commit for trial “ the words “ send to the Court of Session for trial “ shall be substituted ; and (iii) for s; b-section (3), the following shall be substituted, namely :— “(3) A Magistrate taking cognizance under sub-section (i) of an offence triable exclusively by a Court of Session shall, without recording any evidence, send the case to the Court of Session for trial.,” 70A. In section 191, for the word “ committed “ the word “ sent “ shall be substi¬tuted. 71. For section 191 the following shall be substituted, namely :— “ 191. Transfer on application of the accused.—When a Magistrate takes cog¬nizance of an offence under sub-section (1), clause (c), of the preceding section, the accused shall; before any evidence is taken, be informed that he is entitled to have the case tried by another Court, and, if the accused, or any of the accused if there be more than one, objects to being tried by such Magistrate, the case shall, instead of being tried by such Magistrate, be sent to the Sessions Judge for transfer to another Magistrate. 71-A. In section 192, in sub-section (2), for the words “ commit him “ the words send him to the Court of Session shall be substituted. 72. For section 192 the following shall be substituted, namely :— “ 192. Transfer of cases by Magistrates.—(1) Any Magistrate of the first class specially empowered in this behalf by the Provincial Government may, subject to the provisions of section 190, sub-section (3), transfer any case, of which he has taken cognizance, for trial to such Judicial Magistrate as may be specified by the Sessions Judge. (2) Any Sessions Judge may empower any Magistrate of the first class who has taken cognizance of any case to transfer it for trial to any other specified Magistrate in the district who is competent under this Code to try the ac¬cused ; and such Magistrate may dispose of the case accordingly. 73. In section 193, in sub-section (1), for the words “ unless the accused has been committed to it by a Magistrate duly empowered in that behalf”, the words, figures and brackets “ unless the case has been sent to it under section 190, sub¬section (3) “ shall be substituted. 74. In section 194, the words “ upon a commitment made to it “ shall be omitted. 75. In section 195, in sub-section (2), for the words, comma and figure “ Indian Registration Act, 1877 “, the words, comma and figure “ Registration Act, 1908” shall be substituted. 77. In section 199, for the words, figures and commas beginning with the words “ No Court” and ending with the words “ was committed “ the following shall be substituted, namely :— “ No Court shall take cognizance of an offence under section 497 or section 498 of the Pakistan Penal Code, except— (a) upon a report in writing made by a police-officer on the complaint of the husband of the woman, or in his absence, by some person who had care of such woman on his behalf at the time when such offence was committed ; or (b) upon a complaint made by the husband of the woman or, in his absence, made with the leave of the Court by some person who had care of such woman on his behalf at the time when such offence was committed. “. 78. In section 200, in clause (a) of the proviso, after the word and figure “section 192.” the comma and words, or sending it to the Court of Session shall be added. 79. For section 202 the following shall be substituted, namely :— “202. Postponement of issue of Process.—(1) Any Court, on receipt of a com¬plaint of an offence of which it is authorised to take cognizance, or which has been sent to it under section 190, sub-section (3), or transferred to it under section 19; or section 192, may, if it thinks fit, for reasons to be recorded, postpone the issue of process for compelling the attendance of the person complained against, and either inquire into the case itself or direct an inquiry or investigation to be made by a police officer, or by such other person as it thinks fit, for the purpose of ascertaining the truth or falsehood of the complaint : Provided that, save where the complaint has been made by a Court, no such direction shall be made unless the complainant has been examined on oath under the provisions of section 200. (2) A Court of Session may, instead of directing an investigation under the provisions of sub-section (1), direct the investigation to be made by any Magistrate subordinate to it for the purpose of ascertaining the truth or falsehood of the complaint. (3) If any inquiry or investigation under this section is made by a person not being a Magistrate, or a police-officer, such person shall exercise all the powers conferred by this Code on an officer-in-charge of a police-station, except that he shall not have power to arrest without warrant, (4) Any Court inquiring into a case under this section may, if it think fit, take evidence of witnesses on oath, 79A. In section 202 substituted as aforesaid,— (i) in sub-section (1), after the words made by, the words and comma any Justice of the Peace, or by shall be inserted ; and (ii) in sub-section (3), after the words and comma “ Magistrate,”, the words” or Justice of the Peace “ shall be inserted. 79B. In section 203, (i) for the word “ Magistrate “ the word “ Court “ shall be substituted ; and (ii) after the word “ transferred “, the words “ or sent “ shall be inserted. ii. In Chapter XVII, in the heading, for the word “ MAGISTRATES “ the word “ COURTS “ shall be substituted. 81. In section 204,-— (i) in sub-section (1), for the word “ Magistrate “ the word “ Court “ for the word “ he “ the word “ it” and for the word “ himself “ the word “ itself” shall respectively be substituted ; and (ii) in sub-section (3), for the word “ Magistrate the word “ Court “ shall be substituted. 82. Chapter XVIII shall be omitted. 83. In section 225, in Illustration (d), for the words “ inquiry before the Magistrate “ the word “ trial “ shall be substituted. 84. Section 226 shall be omitted. 85. In section 227, in sub-section (1), the commas and words “, or, in the case of trials before the Court of Session or High Court, before the verdict of the jury is re¬turned or the opinions of the assessor? are expressed “ shall be omitted. 85A. In section 228 the words and figure “ section 226 or “ shall be omitted. 85B. In section 232, in sub-section (1), after the words” High Court “, the comma and words “, or the Court of Session “ shall be inserted.. 86. In Chapter XX, in the heading, for the word “ Summons-Cases “ the word “ Cases “ shall be substituted. 87. In section 241, for the word “ summons-cases “ the word “ cases “ shall be substi¬tuted. 88. After section 241, the following new section 241-A shall be inserted, namely :— 241-A. Supply of statements and documents to the accused.—(I) In all cases instituted upon police report, except those tried summarily or punishable with fine or imprisonment not exceeding six months, copies of statements of all witnesses recorded under sections 161 and 164 and of the inspection note recorded by an investigation officer on his first visit to the place of occur¬rence, shall be supplied free of cost to the accused not less than seven days before the commencement of the trial : Provided that, if any part of a 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. (2) In all cases instituted upon a complaint in writing, the complainant shall— (a) state in the petition of complaint the substance of the accusation, the names of his witnesses and the gist of the evidence which he is likely to adduce at the trial ; and (b) within three days of the order of the Court under section 204 for issue of process to the accused, file in the Court for supply to the accused, as many copies of the complaint and any other document which he has filed with his complaint as the number of the accused Provided that the provisions of this sub-section shall not apply in any case in which the complaint has been made by a Court or by a public servant acting or purporting to act in the discharge of his official duties.”. 89. For section 242 the following shall be substituted, namely :— “ 242. Charge to be framed.—-When the accused appears or is brought before the Magistrate, a formal charge shall be framed relating to the offence of which he is accused and he shall be asked whether he admits that he has committed the offence with which he is charged. 90. In section 243, for the words “ of which he is accused “ the words “ with which he is charged “ shall be substituted. 91. In section 244,— (i) for sub-section (2) the following shall be substituted, namely ;— “ (2) The Magistrate may, if he thinks fit, on the application of the com-plainant or accused, issue a summons to any witness directing him to attend or to produce any document or other thing.”; and (ii) in sub-section (3), for the full-stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely :— “ Provided that it shall not be necessary for the accused to deposit any such expenses in Court in cases where he is charged with an offence punishable with imprisonment exceeding six months.”. 92. After section 244, the following new section shall be inserted, namely :— “244-A. Statement made under section 164.—The statement of a witness duly recorded under section 164, if it was made in the presence of the accused and if he had notice of it and was given an opportunity of cross-examining the witness, may, in the discretion of the Court, if such witness is produce!? and examined, be treated as evidence in the case for all purposes subject to the provisions of the Evidence Act, 1872.”. 93. In section 245, in sub-section (2), the words and figures “ or section 562 “ shall be omitted. 94. After section 245, the following new section 245-A shall be inserted, namely :— “245-A. Procedure in case of previous convictions.—In a case where a previous conviction is charged under the provisions of section 221, sub-section (7), and the accused does not admit that he has been previously convicted as alleged in the charge, the Magistrate may, after he has convicted the accused under section 243, or under section 245, sub-section (2), Cake evidence in respect of the alleged previous conviction, and, if he does so, shall record a finding thereon.”. 95. Section 246 shall be omitted. 95A. In section 247, in the proviso, for the full stop at the end a colon shall be subs¬tituted and thereafter the following further proviso shall be added, namely :— Provided further that nothing in this section shall apply where the offence of which the accused is charged is either cognizable or non-compoundable. 96. In section 249, for the words and comma “ District Magistrate, any other Magis¬trate “ the words and comma “ Sessions Judge, any other Judicial Magistrate “ shall be substituted. 97. In the heading above section 250, for the words “ Summons and Warrant Cases the words “ Cases tried by Magistrate “ shall be substituted. 98. In section 250,— (i) in sub-section (1), the words “ discharges or “ and the words “ discharge or “ shall be omitted ; (a) in sub-section (2), for the words “ one hundred rupees “the words “ five hundred rupees “ shall be substituted ; and (iii) in sub-section (2A), for the words “ thirty days “ the words “ three months “ shall be substituted. 99. Chapter XXI shall be omitted. 100. In section 260, in sub-section (1),— (i) the brackets, letter, words and comma “ (a) the District Magistrate ,” shall be omitted ; (ii) in clauses (d), (e), (f) and (g), for the words “ fifty rupees “ the words 2two thousand and five hundred rupees shall be substituted and; (ii) the proviso shall be omitted. 101. In section 261, after the words “ Provincial Government may “ the commas and words “ on the recommendation of the High Court,” shall be inserted. 102. In section 262, for sub-section (1) the following shall be substituted, namely :— “(I) In trials under this Chapter, the procedure prescribed in Chapter XX shall be followed, except as hereinafter mentioned. “. 103. For section 264 the following shall be substituted, namely :—- 264. Record in appealable cases.—In every case tried summarily by a Magistrate or Bench in which an appeal lies, such Magistrate or Bench shall record the substance of the evidence and also the particulars mentioned in section 263 and shall, before passing any sentence, record a judgment in the case. 104. After Chapter XXII, the following new Chapter XXIIA shall be inserted, namely—: Chapter XXIIA Trials before High Courts and Courts of Session 265A. Trial before Court of Session to be conducted by Public Prosecutor.—In every trial before a Court of Session initiated upon a police report, the prosecution shall be conducted by Public Prosecutor. 265B. Procedure in cases triable by High Courts and Courts of Session.—The following procedure shall be observed by the High Courts and the Courts of Session in the trial of cases triable by the said Courts. 265C. Supply of statements and documents to the accused.—(1) In all cases instituted upon police report, copies of statements of all witnesses recorded under sections 161 and 164 and of the inspection note recorded by an investigation officer on its first visit to the place of occurrence, shall be supplied free of cost to the accused not later than seven days before the commencement of the trial : Provided that if any part of a statement recorded under section 161 is such that its disclosure to the accused would he inexpedient in the public interest, such part of the statement shall be excluded from the copy of the statement furnished to the accused. (2) In all cases instituted upon a complaint in writing, the complainant sha — (a) state in the petition of complaint the substance of the accusation, the names of his witnesses and the gist of the evidence which he is likely to adduce at trial ; and (b) within three days of the order of the Court under section 204 for issue of pro¬cess to the accused, file in the Court for supply to the accused, as many copies of the complaint and any other document which he has filed with his complaint, as the number of the accused; Provided that the provisions of this sub-section shall not apply in any case in which the complaint has been made by a Court or by public servant acting or purporting to act in the discharge of his official duties. 256D. Evidence for prosecution ––– (1) When the accused appears or is brought before “the Court, such Court shall proceed to hear the complainant (if any) and take all such evidence as may be produced in support of the prosecution : Provided that the Court shall not be bound to hear any person as complainant in any case in which the complaint has been made by a Court. (2) The Court shall ascertain from the complainant or otherwise the names of any persons likely to be acquainted with the facts of the case and to be able to give evidence for the prosecution, and shall summon to give evidence before itself such of them as it thinks necessary. 265E. Discharge of accused.—(1) If, upon taking all the evidence referred to in section 265D, and making such examination (if any) of the accused as the Court thinks necessary, it finds that no care against the accused has been made out which, if unrebutted, would warrant his conviction, the Court shall discharge him. (2) Nothing in this section shall be deemed to prevent a Court from discharging the accused at any previous stage of the case if, for reasons to be recorded by such Court, it considers the charge to be groundless. 265F. Charge to be framed when offence appears proved.—If. When such evidence and examination have been taken and made, or at any previous stage of the case, the Court is of opinion that there is ground for presuming that the accused has com¬mitted an offence, it shall frame in writing a charge against the accused. 265G. Plea—(I) The charge shall be read and explained to the accused, and he shall be asked whether he is guilty or has any defence to make. (2) If the accused pleads guilty, the Court shall record the plea, and may in its discretion convict him thereon. 265H. Procedure in case of previous conviction.—In a case where a previous conviction is charged under the provisions of section 221, sub-section (7), and the accused does not admit that he has been previously convicted as alleged in the charge, the Court may, after it has convicted the said accused under section 265G, sub¬section (2), or section 265M, take evidence in respect of the alleged previous con¬viction, and shall record a finding thereon. 265.I. Recall of Prosecution witnesses for cross-examination aid re-examination— the accused refuses to plead, or does not plead, or claims to be tried, he shall be required to state at the commencement of the next hearing of the case or. If the Court for reasons to be recorded in writing so thinks fit, forthwith, whether he wishes to cross-examine any, and, if so, which, of the witnesses for the prosecution whose evidence has been taken. If he says he does so wish, the witnesses named by him shall be recalled and. after cross-examination and re-examination (it any;, they shall be discharged. The evidence of any remaining witnesses for the pro-secution shall next be taken, and, after cross-examination and re-examination (if any), they also shall be discharged. 265J. Statement made under section 164 admissible. The statement of a witness duly recorded under section 164, if it was made in the presence of the accused and it he had notice of it and was given an opportunity of cross-examining the witness, may in the discretion of the Court, if such witness is produced and examined, be treated as evidence in the case for all purposes subject to the provisions of the Evidence Act, 1872. 265K. Procedure after examination of witnesses for prosecution.— When the ex¬amination of the witnesses for the prosecution and the examination (if any) of the accused are concluded, the accused shall be asked whether he means to adduce evidence. (2) If he says that he does not, the prosecutor may sum up his case; and, if the Court considers that there is no evidence that the accused committed the offence, it may then record a finding of not guilty. (3) If the accused or any one of several accused, says that he means to adduce evidence and the Court considers that there is no evidence that the accused com¬mitted the offence, the Court may then record a finding of not guilty. (4) If the accused or any of several accused, says that he means to adduce evi¬dence, and the Court considers that there is evidence that he committed he offence, or if, on his saying that he does not mean to adduce evidence, the prosecutor sums up his case and the Court considers that there is evidence that the accused commit¬ted the offence, the Court shall call on the accused to enter on his defence and produce his evidence. (5) If the accused puts in any written statement, the Court shall file it with the record. 265L. Procedure for compelling production of evidence at instance of accused—I! the accused, after he has entered upon his defence, applies to the Court to issue any process for compelling the attendance of any witness for the purpose of examina¬tion or cross-examination, or the production of any document or other thing, the Court shall issue such process unless it considers, that it is made for the purpose of vexation or delay or for defeating the ends of justice. Such ground shall be re¬corded by it in writing : Provided that, when the accused has cross-examined or had the opportunity of cross-examining any witness after the charge is framed, the attendance of such witness shall not be compelled under this section, unless the Court is satisfied that it is necessary for the purposes of justice. 265M. Acquittal—(1) If in any case under this Chapter in which a charge has been framed the Court finds the accused not guilty, it shall record an order of acquittal. Conviction—(2) If in any case under this Chapter the Court finds the accused guilty, it shall pass sentence upon him according to law. 265N. Power of Advocate-General to stay Prosecution.—At any stage of any trial before a High Court under this Code, before the delivery of the judgment, the Advocate-General may, if he thinks fit, inform the Court on behalf of Government that he will not further prosecute the defendant upon the charge ; and thereupon all pro¬ceedings on such charge against the defendant shall be stayed, and he shall be discharged of and from the same. But such discharge shall not amount to an acquittal unless the presiding Judge otherwise directs. 265.O. Time of holding sittings.—For the exercise of its original criminal jurisdiction, every High Court shall hold sittings on such days and at such convenient intervals as the Chief Justice of such Court from time to time appoints. 265P. Place of holding sittings—(i) The High Court shall hold its sittings at the place at which it held them immediately before the commencement of the Law Reforms Ordinance, 1972, or at such other place (if any) as the Provincial Government may direct. (2) But the High Court may, from time to time with the consent of the Provincial Government, hold sittings at such other places within the local limits of its appellate jurisdiction as the High Court appoints. (3) Such officer as the Chief Justice directs shall give prior notice in the official Gazette of all sittings intended to be held for the exercise of the original criminal jurisdiction of the High Court.”. 105. Chapter XXIII shall be omitted. 106. In section 337,— (i) in sub-section (1), in the proviso,— (a) the words “ other than the District Magistrate “ shall be omitted ; and (b) for the words” sanction of the District Magistrate “ the words “ sanction of the Sessions Judge “ shall be substituted ; and (ii) sub-section (2A) shall be omitted. 107. For section 338 the following shall be substituted, namely :— “ 338. Power to grant or tender pardon.—At any time before the judgment is passed, the High Court or the Court of Session trying the case may, with the view of obtaining on the trial the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, any such offence, tender, or order the District Magistrate to tender, a pardon on the same condition to such person.”. 108. For section 339A the following shall be substituted, namely :— “339A. Procedure in trial of person under section 339.—(1) The Court trying under section 339 a person who has accepted a tender of pardon shall, before the evidence of the witnesses for the prosecution is taken, ask the accused whether he pleads that he has complied with the conditions on which the tender of the pardon was made. (2) If the accused does so plead, the Court shall record the plea and proceed with the trial, and shall, before judgment is passed in the case, find whether or not the accused has complied with the conditions of the pardon, and, if it is found that he has so complied, the Court shall, notwithstanding anything contained in this Code, pass judgment of acquittal. “. 109. In section 340, for sub-section (2) the following shall be substituted, namely :— “ (2) Any person accused of an offence before a Criminal Court or against whom proceedings are instituted under this Code in any such Court shall be a com¬petent witness for the defence and may give evidence on oath in disproof of the charges or allegations made against him or any person charged or tried together with him at the same trial : Provided that— (a) he shall not be called as a witness except on his own request, (b) his failure to give evidence shall not be made the subject of any comment by the prosecution or give rise to any presumption against him or any person charged or tried together with him at the same trial, and (c) he shall not be asked, and, if asked, shall not be required to answer, any question tending to show that he has committed or been convicted of any offence other than the offence with which he is charged or for which he is being tried, or is of bad character, unless— (i) the proof that he has committed or been convicted of such offence is admissible in evidence to show that he is guilty of the offence with which he is charged or for which he is being tried, or (ii) he has personally or by his pleader asked questions of any witness for the prosecution with a view to establishing his own good character, or has given evidence of his good character, or (iii) he has given evidence against any other person charged with or tried for the same offence.”. 110. In section 341, the words “ inquiry or “ and the words and comma «if such inquiry results in a commitment, or shall be omitted. 111. In section 342, in sub-section (2), the words and brackets “ and the jury (if any) shall be omitted. 112. In section 345.— (ii) for sub-section (5) the following shall be substituted, namely :— (iii) When the accused has been convicted and an appeal is pending, no composite on for the offence shall be allowed without the leave of the Court before which the appeal is to be heard. ; and (iii) in sub-section (5A), after the word and figure “section 439 “, the commas, words, figure and letter “, and a Court of Session so acting under section 439-A, “ shall be inserted. 113. For section 346 the following shall be substituted, namely (— “ 346. Procedure of Magistrate in cases which he cannot dispose of.—(1) If, in the course of an inquiry or trial before a Magistrate in any district, the evidence appears to him to warrant a presumption that the case is one which should be tried, or sent for trial to the Court of Session or the High Court, by some other Magistrate in such district, he shall stay proceedings and submit the case, with a brief report explaining its nature, to the Sessions Judge or to such other Magistrate, having jurisdiction, as the Sessions Judge directs. (2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself or send the case for trial to the Court of Session or (he High Court.”. 114. For section 347 the following shall be substituted, namely :— “ 347. Procedure when, after commencement of trial, Magistrate finds case should be tried by Court of Session or High Court.—If in any trial before a Magistrate, before signing judgment, it appears to him at any stage of the proceedings that the case is one which ought to be tried by the Court of Session or High Court, he shall send the case to the Court of Session or High Court, for trial.. 115. In section 348,— (i) in sub-section (1),— (a) for the words and commas “ for committing the accused be committed to the Court of Session or High Court, as the case may be, “ the words and commas “ for the trial of the accused by the Court of Session or High Court, as the case may be, send the accused for trial to such Court M shall be substituted ; and (b) the proviso shall be omitted ; and (ii) for sub-section (2), the following shall be substituted, namely;— “ (2) When any person is sent for trial to the Court of Session or High Court under sub-section (1), any other person accused jointly with him in the trial shall be similarly sent for trial. “. 116. In section 349,— (i) in sub-section (1), for the words “ to the District Magistrate or Sub-divisional Magistrate to whom he is subordinate “ the words “ to a Magistrate of the first class specially empowered in this behalf by the Provincial Government “ shall be substituted ; and (ii) in sub-section (1A), for the words “ District Magistrate or Sub-divisional Magistrate “ the words, brackets and figure “ Magistrate empowered under sub-section (1) “ shall be substituted. 117. In section 350,— (i) in sub-section (1). for the proviso the following shall be substituted, namely:— “ Provided that the High Court or the Court of Session may, whether there be an appeal or not, set aside any conviction passed on evidence not wholly recorded by the Magistrate before whom the conviction was held, if such Court is of opinion that the accused has been materially prejudiced thereby, and may order a new inquiry or trial. “ ; and (ii) in sub-section (2), for the words “ superior Magistrate “ the words “ Magis¬trate specially empowered” shall be substituted. 118. In section 351, in sub-section (2), the words and figure “ in the course of an inquiry under Chapter XVIII “ shall be omitted. 119. In section 353, for the words, figures and commas “ Chapters XVIII, XX, XXI, XXII and XXIII” the words, figures and commas and letter “ Chapter XX, XXI, XXII and XXIIA” shall be substituted. 120. In section 355, in sub-section (1), for the words, figures, brackets, letters and commas “ in summons cases tried before a Magistrate and in cases of the offences mentioned in sub-section (1) of section 260, clauses (b) to (m), both inclusive, when tried” the words and figures “ in cases tried under Chapter XX or Chapter XXII” shall be substituted. 121. In section 356, in sub-section (1), for the words, commas and figures “ In all other trials before Courts of Session and Magistrates, and in all inquiries under Chapters XII and XVIII” the words and figure “ In trials before Courts of Session and in inquiries under Chapter XII” shall be substituted. 122. In section 367, in sub-section (5), for the colon at the end a, full-stop shall be substituted and the proviso shall be omitted. 124. In section 371,— (i) for sub-section (1) the following shall be substituted, namely :— “(I) In every case where the accused is convicted of an offence, a copy of the judgment shall be given to him at the time of pronouncing the judgment, or, when the accused so desires, a translation of the judgment in his own language, if practicable; or in the language of the Court, shall be given to him without delay. Such copy or translation shall be given free of cost : Provided that this sub-section shall not apply to cases tried summarily or where the accused is convicted of an offence under any law other than the Pakistan Penal Code. “ ; and (ii) sub-section (2) shall be omitted. 125. In section 375, for sub-section (2) the following shall be substituted, namely :— “ (2) Unless the High Court otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or such evidence is taken. “. 126. In section 376, the words and comma “ whether tried with the aid of assessors or by Jury,” shall be omitted. 128. After section 382, the following new sections shall be inserted, namely :— “ 382-A. Postponement of execution of sentences of imprisonment under section 476 or for a period of less than one year.—Notwithstanding anything con¬tained in section 383 or 391, where the accused :— (a) is awarded any sentence of imprisonment under section 476, or (b) is sentenced in cases other than those provided for in section 381, to imprisonment whether with or without fine or whipping, for a period of less than one year, the sentence shall not, if the accused furnishes bail to the satisfaction of the court for his appearance at such time and place as the Court may direct, be executed, until the expiry of the period prescribed for making an appeal against such sentence, or, if an appeal is made within that time, until the sen¬tence of imprisonment is confirmed by the Appellate Court, but the sentence shall be executed as soon as practicable after the expiry of the period pres¬cribed for making an appeal, or, in case of an appeal, as soon as practicable after the receipt of the order of the Appellate Court confirming the sentence. 382-B. Period of detention to be considered while awarding sentence of imprison¬ment.—Where a Court decides to pass a sentence of imprisonment on an accused for an offence, it may take into consideration the period, if any, during which such accused was detained in custody for such offence.. 382-C. Scandalous or false and frivolous pleas to be considered in massing sentence.—In passing a sentence on an accused for any offence, a Court may take into consideration any scandalous or false and frivolous plea taken in defence by him or on his behalf. . 129. In section 383,— (ii) after the figure “ 381”. the words, figure and letter “ and section 382-A” shall be inserted. 130. In section 386, in sub-section (1), in the proviso, the words “ unless for special reasons to be recorded in writing it considers it necessary to do so” shall be omitted. 137. In section 403, in the Explanation, for the commas, words and figure”, the discharge of the accused or any entry made upon a charge under section 273, “ the words “ or the discharge of the accused “ shall be substituted. 138. In section. (a) the first proviso shall be omitted ; and (b) in the second proviso, the commas and word “, further,” shall be omitted. 139. For section 406A the following shall be substituted, namely :— 406A. Appeal from order refusing to accept or rejecting a surely.—Any person aggrieved by an order refusing to accept or rejecting a surety under section l22 may appeal against such order to the Court of Session. “. 139A. In section 407, in sub-section (1), the words and figure or in respect of whom an order has been made, or a sentence has been passed under section 380 by a Sub-divisional Magistrate of the second class shall be omitted. 140. Section 407 shall be omitted. 141. In section 408,—- (i) for the comma and words “, a District Magistrate or other Magistrate of the first class “ the words “ or a Judicial Magistrate “ shall be substituted ; (ii) the words and figure “ or in respect of whom an order has been made or a sentence has been passed under section 380 by a Magistrate of the first class “ ^ shall be omitted ; and (iii) in clause (b) of the proviso,— (a) the words and figure “ or a Magistrate specially empowered under section 30” shall be omitted ; and 142. For section 409 the following shall be substituted, namely :— “ 409. Appeals to Court of, Session how heard.— Subject to the provisions of this section, an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge or an Assistant Sessions Judge : Provided that an Additional Sessions Judge shall hear only such appeals as the Provincial Government may, by general or special order, direct or as the Sessions Judge of the division may make over to turn : Provided further that no such appeal shall be heard by an Assistant Sessions Judge unless the appeal is of person convicted on a trial held by any Magistrate of the second class or third class.”. 143. In section 413, for “die words “ District Magistrate or other “ the article “ a “ shall be substituted. 144. For section 417, the following shall be substituted, namely:— “417. Appeal in case of acquittal (1) Subject to the provisions of sub-section (4), the Provincial Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court. (2) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. (3) No application under sub-section (2) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of sixty days from the date of that order. (4) If, in any case, the application under sub-section (2) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1),”. 145. In section 418,— (i) in sub-section (1), the commas and words “ , except where the trial was by jury, in which case the appeal shall lie on a matter of law only “ shall be omitted ; and (ii) sub-section (2) shall be omitted. 146. In section 419, the commas, word, and figure “, and, in cases tried by a Jury, a copy of the heads of the charge recorded under section 367 “ shall be omitted. 147. In section 423,— (i) in sub-section (1),— (a) in clause (a), for the words “ committed for trial”, the words “ sent . for trial to the Court of Session or the High Court “ shall be substituted and. (b) in clause (b), for the word “committed” the word “sent” shall be substituted ; and (ii) Sub-section (2) shall he omitted. 148. In section 426,— (i) after sub-section (1), the following sub-section (1A) shall be inserted, namely:— (1A) An Appellate Court shall, unless for reason to be recorded in writing it otherwise directs order a convicted person to be released on bail who has been sentenced. (a) to imprisonment for a period not exceeding three years and whose appeal has not been decided within a period of six months of his conviction : (b) to imprisonment for a period exceeding three years but not exceeding seven years and whose appeal has not been decided within a period of one year of his conviction : (c) to imprisonment for life or imprisonment exceeding seven years and whose appeal has not been decided within a period of two years of his conviction.”: (ii) in sub-section (2A). before the word “ When “, the words, figure, letter and comma “ Subject to the provisions of section 382A, “ shall be inserted, and 149. In section 428, in sub-section (3), the semi-colon and words but such evidence shall not be taken in the presence of Jurors or assessors “ shall be omitted. 150. In section 4.35,— (i) in sub-section (1),— (a) the words and commas “ or district Magistrate, or any Sub-divisional Magistrate empowered by the Provincial Government in this behalf,” shall be omitted ; and (b) for the Explanation the following shall be substituted, namely :— “ Explanation.—AU Magistrates shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section. “ ; and (ii) sub-sections (2) and (4) shall be omitted. 150.A. In section 436, the comma, words and colon “, or into the case of any person accused of an offence who has been discharged : “ and the proviso shall be omitted. 151. For section 436 the following snail be substituted, namely :— “ 436. power to order further inquiry.—On examining any record under section 435 or otherwise— (a) the High Court may direct the Sessions Judge to require any Judicial Magistrate subordinate to him to make, and the Sessions Judge himself may direct any Judicial Magistrate subordinate to him to make, further inquiry into any complaint which has been dismissed under section 203 or sub-section (3) of section 204, or into the case of any person accused of an offence who has been discharged ; (b) the High Court or the Sessions Judge may direct the District Magistrate by himself or by any of the Executive Magistrates subordinate to him to make further inquiry into any proceeding in which an order of discharge or release has been made under section 119 : Provided that no Court shall make any direction under this section for enquiry into the case of a person who has been released or discharged under section 119, unless such person has had an opportunity of showing cause why such direction should not be made.”. 152. Section 437 shall be omitted. 152A. In section 438, the words “ Sessions Judge or “ shall be omitted. 152B., Section 438, amended as aforesaid, shall be omitted. 153. In section 439,— (i) in sub-section (1), the words and comma “ or which has been reported for orders, “ shall be omitted ; (ii) in sub-section (3), the words and figure “ acting otherwise than under section 34” shall be omitted ; and (iii) for sub-section (4) the following shall be substituted, namely :— (4) Nothing in this section shall be deemed. to authorise a High Court. (a) to convert a finding of acquittal in to one of conviction ; or (b) to entertain any proceedings in revision with respect to in order made by the Sessions Judge under section 439A.”. 154. After section 439, the following new section 439A shall be inserted, namely :— “ 439 A. Sessions Judges Powers of revision.—(1) In the case of any proceeding before a Magistrate the record of which has been called for by the Sessions Judge or which otherwise comes to his knowledge, the Sessions Judge may exercise any of the powers conferred on the High Court by/section 439. (2) An Additional Sessions Judge shall have and may exercise all the powers of a Sessions Judge under this Chapter in respect of any case which may be transferred to him under any general or special order of the Sessions Judge.”. 155. In section 465, for sub-section (1) the following shall be substituted, namely:— (1) If any person before a Court of Session or a High Court appears to the Court at his trial to be of unsound mind and consequently incapable of making his defence, the Court shall, in the first instance, try the fact of such unsoundness and incapacity, and if the Court is satisfied of the Fact, it shall record a finding to that effect and shall postpone further proceedings in the case. 156. For section 469 the following shall be substituted, namely :— “ 469. When accused appears to have been insane.—When the accused appears to be of sound mind at the time of inquiry or trial, and the Magistrate or Court is satisfied from the evidence given before him or it that there is reason to believe that the accused committed an act which, if he had been of sound mind, would have been an offence, and that he was, at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate or Court shall proceed with the case.”. 157. For sections 476 and 476A, the following shall be substituted, namely :— “476. Procedure in cases mentioned in section 195.—(1) When any offence referred to in section 195, sub-section (1), clause (b) or clause (c), has been commit¬ted in, or in relation to, a proceeding in any Civil, Revenue or Criminal Court the Court may take cognizance of the offence and try the same in accor¬dance with the procedure prescribed for summary trials in Chapter XXII . (2) When in any case tried under sub-section (1) the Court finds the offender guilty, it may, notwithstanding anything contained in sub-section (2) of section 262— (a) pass any sentence on the offender authorised by law for such offence, except a sentence of death, or imprisonment for life, or imprisonment exceeding live years, if such Court be a High Court, a Court of Session, a District Court or any Court exercising the power of a Court of Session or a District Court ; (b) sentence the offender to simple imprisonment for a term which may extend to three months, or to pay a line not exceeding lone thousand rupees, or both , if such Court be a Court of a Magistrate of the first , class, a Civil Court other than a High Court, a District Court or a Court exercising the powers of a District Court, or a Revenue Court not in¬ferior to the Court; of Collector ; (c) sentence the offender to simple imprisonment for a term not exceeding one month, or to pay a tine not exceeding fifty rupees, or both, if such Court be a Criminal Court or a Revenue Court other than a Court referred to “:n clause (a) or Clause (b). (3) The powers conferred on Civil, Revenue and Criminal Courts under this section may be exercised in respect of any offence referred to in sub-section (1) and alleged to have been committed in relation to any proceeding in such Court by the Court to which such former Court is subordinate within the meaning of sub-section (3) of section 195. (4) Any person sentenced by any Court under this section may, notwith-standing anything hereinbefore contained, appeal— (a) in the case of a sentence by the High Court, to the Supreme Court ; (b) in the case of a sentence by a Court of Session, or District Court, or a Court exercising the powers of a Court of Session or a District Court, to the High Court; and (c) in any other case, to the Sessions Judge. (5) The provisions of Chapter XXXI shall, so far as they are appli¬cable, apply to appeals under this section and the Appellate Court may alter the finding or reduce or enhance the sentence appealed against. 476A.—Forwarding of cases for trial by Courts having jurisdiction.—(1) If the Court in any case considers that the person accused of any of the offences referred to in section 476, sub-section (1), and committed in, or in relation to, any proceedings before it, should not be tried under that section, such Court may, after recording the facts constituting the offence and the state¬ment of the accused person, as hereinbefore provided, forward the case to a Court having jurisdiction to try the case, and may require security to be given for the appearance of such accused person before such Court, or if sufficient security is not given, shall forward such person in custody to such Court. (2) The Court to which a case is forwarded under this section shall proceed to hear the complaint against the accused person in the manner hereinbefore provided. 158. Sections 476B, 478 and 479 shall be omitted. 159. In section 483, for the words, comma and figure “ Indian Registration Act, 1877 “ the words, comma and figure “ Registration Act, 1908 “ shall 1 e substituted. 160. In section 487,— (i) in -sub-section (1), after the word “ sections “ the figure and comma, “ 476 “ shall be inserted ; and (ii) sub-section (2) shall be omitted. 161. In section 488, in sub-section (1), the words and comma “ the District Magistrate, a Sub-Divisional Magistrate or “ shall be omitted, 162. In section 494, the words and comma “ in cases tried by Jury before the return of the verdict, and in other cases “ shall be omitted. 164. In section 503,— (i) in sub-section (2B), the words and comma •” other than Pakistan,” shall be omitted ; and (ii) in sub-section (3), the words and commas “ or such Magistrate, of the first class as he appoints in this behalf,” shall be omitted ; and (iii) for the word “ warrant-cases “ the word “ cases “ shall be substituted. 165. In section 506,— (i) for the words “ such Magistrate shall apply to the District Magistrate “ the words and commas “ such Magistrate , if he is a Judicial Magistrate, shall apply to the Sessions Judge, and if he is an Executive Magistrate, shall apply to the District Magistrate “ shall be substituted ; and (ii) for the words “ and the District Magistrate “ the words and commas “ and the Sessions Judge or the District Magistrate, as the case may be, “ shall be substituted. 165.A. In section 508, the words other than Pakistan, shall be omitted. 166. In section 508A, the words “ other than Pakistan “ shall be omitted. 167. For section 510 the following section shall be substituted, namely :— “5l0. Report of Chemical Examiner, Serologist, etc.—Any document purporting to be a report, under the hand of any Chemical Examiner or Assistant Chemi¬cal Examiner to Government or any Serologist, finger-print expert or fire¬arm expert appointed by Government, upon any matter or thing duly sub¬mitted to him for examination or analysis and report in the course of any proceeding under this Code, may, without calling him as a witness, be used as evidence in any inquiry, trial or other proceeding under this Code : Provided that the Court may, if it considers necessary in the interest of justice summon and examine the person by whom such report has been made.” 168. In section 512,— (i) in sub-section (1), for the words “ commit for trial “ the words “ send for trial to the Court of Session or High Court “ shall be substituted ; and 169. In section 514, in sub-section (7), the words and figure or section 562 “ shall be omitted. 170. For section 515 the following shall be substituted, namely:— 515, Appeal from, and revision of, orders under section 514.—All orders passed under section 514 by a District Magistrate or a Judicial Magistrate shall be appealable to the Sessions Judge, and all such orders passed by an Executive Magistrate, ether than a District Magistrate, shall he appealable to the District Magistrate, or. if no appeal is made against any such order, may be revised, in the case of an order passed by a District Magistrate or a Judicial Magistrate, by the Sessions Judge, and in the case of an order passed by an Executive Magistrate other than a District Magistrate, by the District Magistrate.”. 171. In section 524, in sub-section (1), for the words “ a Magistrate of the first class “ the words any other Executive Magistrate “ shall be substituted. 172. In section 526,— (i) in sub-section (1), in clause l(e), in paragraph (iv), for the word “committed the word “ sent” shall be substituted ; (ii) in sub-section (2), the commas, words and figures • except as provided in section 267,” shall be omitted ; (iii) in sub-section (6A), for the words “ two hundred and fifty rupees “ the words “ five hundred rupees “ shall be substituted ; (iv) for sub-sections (8) and (9) the following shall be substituted, namely :— (8) In an inquiry under Chapter VIII or any trial, the fact that any party intimates to the Court at any stage that he intends to make an application under this section shall not require the Court to adjourn the case; but the Court shall not pronounce its final judgment or order until the application has been finally disposed of by the High Court, the and, if the application is accepted by the high court, the proceedings taken by the Court subsequent to the intimation made to it shall, at the option of the accused, be held afresh (v) in sub-section (10), for the words “ two hundred rupees “ the words “ .five hundred rupees “ shall be substituted. 173. In section 528,— (i) after sub-section (1B), the following new sub-section (1C) shall be inserted, namely :— (1C) Any Sessions Judge may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and may refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same. Explanation.—All Magistrates shall be deemed to be subordinate to the Sessions Judge for the purposes of this sub-section. (ii) sub-sections (2) and (3) shall be omitted ; and (iii) in sub-section (5), for the word section “, the words preceding sub-sec¬tion “ shall be substituted. 174. Sections 532 and 536 shall be omitted. 175. For section 537 the following shall be substituted, namely :— “ 537. Finding or sentence when reversible by reason of error or omission in charge or other proceedings.—Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered under Chapter XXVII or on appeal or revision on account— (a) of any error, omission or irregularity in the complaint, report by police-officer under section 173, summons, warrant, charge, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or (b) of any error, omission or irregularity in the mode of trial, including any misjoinder of charges, unless such error, omission or irregularity has in fact occasioned a failure of justice. Explanation.—In determining whether any error, omission or irregularity in any proceeding under this Code has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.”. 176. In section 539, the words “ or the Clerk of the State “ shall be omitted. 177. In section 539B, in sub-section (2), for the colon a full-stop shall be substituted and the proviso shall be omitted. 178. In section 541, in sub-section (3),— (i) in clause (a), for the figure and words “342 of the Code of Civil Procedure the figures, wards and commas” 58 of the Code of Civil Procedure, 1908, shall be substituted : and (ii) in clause (b), for the figure and ward “341 of the Code of Civil Procedure “ the figures, word and comma “ 58 of the Code of Civil Procedure, 1908 “ shall be substituted. 179. After section 544,— (i) the following new section shall be inserted, namely :— 544A. Compensation to the heirs of the person killed, etc. - (!) Whenever a person is convicted of an offence in the commission whereof the death of, or hurt or injury to any person is caused, or damage to or loss or destruction of any property is caused, the Court shall, when convicting such person, unless for reasons to be recorded in writing it otherwise directs, s order the person convicted to pay compensation to the heirs of the person whose death has been caused, or to the person hurt or injured, or to the owner of the property damaged lost or destroyed, as the case may be, of an amount not exceeding the amount of the fine which the Court is empowered to impose for such offence. (2) The compensation payable under sub-section (1) shall be recoverable as if it were a fine imposed by the Court, and the Court may further order that, in default of payment the person ordered to pay such compensa¬tion shall suffer imprisonment for a period not exceeding six months, or if it be a Court of the Magistrate of the third class, for a period not exceeding thirty days. (3) The compensation payable under sub-section (1) shall be in addition to any sentence which the Court may impose for the offence of which the person directed to pay compensation has been convicted. (4) The provisions of sub-sections (2B), (2C), (3) and (4) of section 250 shall, as far as may be, apply to payment of compensation under this section. (5) An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision. “ ; and (ii) section 544A inserted by the Code of Criminal Procedure (West Pakistan Amendment) Act, 1963 (W. P. Act No. A7 o/1963), shall be omitted. 180. In section 546, after the word “section”, the figure and words “ 544A or section” shall be inserted. 181. In section 548, the words “ the Judges cha to the jury or of “shall be omitted. 182. In section 556, the words “ or commit for trial “ shall be omitted. 183. In section 559, in sub-section (2), for the words and comma “ the District Magis¬trate “, the words and comma “ the Sessions Judge in the case of a Judicial Magis¬trate, and the District Magistrate in the case of an Executive Magistrate “ shall be substituted. 184. In section 561,— (i) for sub-section (1) the following shall be substituted, namely :— “(I) Notwithstanding anything in this Code, no Magistrate shall, except under the order of a Sessions Judge, take cognizance of the offence of rape where the sexual intercourse was by a man with his wife, “ ; and (ii) in sub-section (2), for the words “ District Magistrate “ the words “ Sessions Judge “ shall be substituted. 185. In section 565, in sub-section (1),— (i) the commas and words, District Magistrate; Sub-divisional Magistrate shall be omitted ; and (ii) the words transportation or shall be omitted. 186. In section 12, in the margin, for the word “ Subordinate “ the word “ Judicial “ shall be substituted. 187. In section 13, in the margin, for the word “Magistrate” the words “Executive Magistrate” shall be substituted. 188. In section 32, in the margin, for the word “Magistrate” the words “Judicial Magistrate” shall be substituted. 189. In section 72, for the marginal note the following shall be substituted, namely :— “Service on servant of State, Statutory Body of Company.”. 190. In section 74, in the margin, for the word “ officer “ the word “ person shall b« substituted. 191 In section 88. in sub-section (6), in the margin, for the figures and word “XIV of 1882” the words and figures “ Act V of 1908 “ shall be substituted. 192. In section 98, in sub-section (2), in the margin, for the figures and word “ VIII of 1878 “ the figures and word “ IV of 1969 “ shall be substituted. 193. In section 99A, in sub-section (1), in the margin, for the figures and word “ XXV of 1867” the figures, words and semi-colon “ XV of 1960” West Pakistan Ordinance XXX of 1963” shall be substituted. 194. In section 99D, in the margin, for the words “ Special Bench “ the word “ High Court “ shall be substituted. 195. In section 108, in the margin, for the figures and word “ XLV of 1860 “ the figures, words and semi-colon “XXV of 1867; West Pakistan Ordinance XXX of 1963” shall be substituted 196. In section 128, in the margin, the figures and word “ XX of 1869 “ shall be omitted. 197. In section 130, in the margin, the figures and word “XX of 1869” shall be omitted. 197A. In section 146, in the margin, for the figures and word XIV of 1882 the figures and word V of 1908 shall be substituted. 198. In section 178. the marginal note to the proviso shall be omitted. 199. In section 195, in sub-section (2), in the margin, for the figures and word “III of 1877” the figures and word “XVI of 1908” shall be substituted. 200. In section 241, for the marginal note the following shall be substituted, namely :— “Procedure in trial of cases”. 201. In section 262, in the margin, for the words “for summons and warrant-cases” the words and figure “ Prescribed in Chapter XX “ shall be substituted. 201.A. In section 350, in the margin, the words or commitment shall be omitted. 202. In section 355, for the marginal note the following shall be substituted, namely :— “Record in trial of certain cases by first and second class Magistrates”. 203. In section 371, in the margin, the words “on application” shall be omitted. 205. In section 408, in the margin, for the words Magistrate of the first class “the words “Judicial Magistrates “shall be substituted. 206. In section 465, in the marginal note, for the words “committed before “the words “sent for trial” shall be substituted. 207. In section 483, in the margin, for the figures and word “III of 1877” the figures and word “ XVI of 1908 “ shall be substituted. 208. In section 506, in the margin, the words “ Provincial Subordinate shall be omitted. 209. In section 541, in sub-section (3), in the margin, for the figures and word “ XVI of 1882 “ the figures and word “ V of 1908 “ shall be substituted. 210. In Schedule II,— (i) in the entries relating to section 174, after the existing entries, the follow¬ing new entries shall be inserted, namely :— 2 3 4 5 6 7 8 If it be a Proclamation Ditto Ditto Ditto Ditto Imprisonment for Ditto issued under section 87 three years. Code. (ii) the entries relating to section 226 shall be omitted ; (iv) in column 3, for the entry relating to section 497 the words “ may arrest without warrant “ shall be substituted. (vi) in column 7,— (d) in the entry relating to section 498, for the figure “2” the figure “3” shall be substituted. (vii) in column 8,— (a) for the words “Any Magistrate” the words “Any Judicial Magistrate” shall be substituted ; (b) for the entry relating to section 124A the following shall be substituted namely :— “Court or” Session or Magistrate of the first class specially empowered by the Provincial Government in that behalf on the recommendation of the High Court.” ; (c) for the entries relating to sections 218 and 295A the following shall be substituted; namely :— “Magistrate of the first class.”; (d) in the entries relating to section 312,— (1) for the words “Court of Session” the words “Magistrate of the first class” shall be substituted ; and (2) for the word “ditto”, the words “Court of Session” shall be sub¬stituted ; (e) in the entry relating to section 376, for the words “ Court of Session or District Magistrate” the words • Magistrate of the first class” shall be substituted; (f) in the entries relating to sections 129, 133,148, 152,161,162, 164,167,181, 201, 205, 213, 214,221, 222. 225, 225A, 233; 235, 237,242, 246, 263, 304A, 31.8, 324, 332, 344, 347, 348. 384, 404, 406, 411, 414, 418, 454, 456, 462, 465, 484, 485, 487 and 500, the words and comma “ Court of Session, or “ shall be omitted : (g) in the entries relating to sections 193, 212, 216, 218, 248, 252, 261, 469 and 507, for the word “ Ditto “ the words “ Magistrate of the first class shall be substituted ; (h) for the entries relating to sections 243, 249, 253,325 and 457, the follow¬ing shall be substituted, namely :— “ Court of Session, or Magistrate of the first class.” ; (i) in the entries relating to section 308,— (a) for the word “ Ditto “ first occurring, the words “ Magistrate of tie first class “ shall be substituted ; and (b) for the word “ Ditto “ occurring for the second time, the words and comma “ Court of Session, or Magistrate of the first class “ shall be substituted ; (j) in the entries relating to sections 404 and 454, for the word “ Ditto “ the words and comma “ Court of Session, or Magistrate of the first or second class “ shall be substituted ; and (k) under the heading “ Offences against other laws “ in the third entry, the Words and comma “ Court of Session, or “ shall be omitted. 211. In Schedule III— (i) in Part I, under the heading “ Ordinary Powers of a Magistrate of the Third Class “,— (a ) terns (10), (11) and (12) shall be omitted ; and (b) in item (17), for the words “ District Magistrate “ the words “ Sessions Judge “ shall be substituted ; (ii) in Part II, under the heading “ Ordinary Powers of Magistrate of the Second Class “, in item (2). for the words “ commit for trial” the words “ send for trial to the Court of Session or the High Court “ shall be substituted ; (iii) in Part III, under the heading “ Ordinary Powers of a Magistrate of the First Class “, items (4), (5), (6), (6a), (7), (7b) and (8) shall be omitted ; (iv) in Part IV, under the heading “Ordinary Powers of a Sub-divisional Magis¬trate appointed under section 13 “, for the existing items the following shall be substituted, namely :— (1) Power to direct warrants to landholders, section 78. (2) Power to issue search warrant otherwise than in course of an inquiry, section 98. (3) Power to issue search warrant for discovery of persons wrongfully confined, section 100. (4) Power to require security to keep peace, section 107. (5) Power to require security for good behaviour, section 109. (6) Power to require security for good behaviour, section 110. (7) Power to discharge sureties, section 126A. (8) Power to make orders as to local nuisances, section 133. (9) Power to make orders prohibiting repetitions of nuisances, section 143. (10) Power to make orders under section 144. (11) Power to make orders, etc., in possession cases, sections 145,146 and 147. (12) Power to depute subordinate Magistrate to make local inquiries, section 148. (13) Power to hold inquests, section 174.” ; (v) in Part V, under the heading Ordinary Powers of a District Magistrate,— (a) items (la), (9), (9a), (10), (11) and (14) shall be omitted ; (b) items (7), (8) and (13) shall be omitted ; (c) in item (12), the words or case of accused discharged shall be omitted ; and (d) item (12), amended as aforesaid, shall be omitted. 212. For Schedule IV the following shall be substituted, namely :— “ Schedule IV ( See section 37 ) Additional Powers with which Magistrates may be invested. Part I Powers with which a Magistrate of first class may be invested by the Provincial , Government. (1) Power to try cases under section 124A of the Pakistan Penal Code. (2) Power to issue process for person within local jurisdiction who has committed an offence outside the local jurisdiction, section 186. (3) Power to take cognizance of offences upon complaint, section 190. (4) Power to take cognizance of offences upon police report, section 190, (5) To take cognizance of offence without complaint, section 190. (6) Power to transfer cases, section 192. (7) Power to try summarily, section 260. (8) Power to pass sentence on proceedings recorded by a Magistrate of the second or third class, section 349. Powers with which a Magistrate of the second class may be invested by the Pro¬vincial Government. (1) Power to record statements and confessions during a police investigation, section 164. (2) Power to authorise detention of a person in the custody of the police during a police investigation, section 167. (3) Power to take cognizance of offences upon complaint, section 190. (4) Power to take cognizance of offences upon police report, section 190. (5) Power to take cognizance of offences without complaint, section 190. Powers with which a Magistrate of the third class may be invested by the Provincial Government. (1) Power to take cognizance of offences upon complaint, section 190. (2) Power to take cognizance of offences upon police report, section 190. Part II Powers with which any of the Executive Magistrates may be invested by the Provincial Government. (1) Power to make orders prohibiting repetition of nuisances, section 143. (2) Power to make orders under section 144. (3) Power to make orders, etc., in possession cases, sections 145 and 147. (4) Power to hold inquests, section 174. (5) Power to sell property alleged or suspected to have been stolen, etc.. section 524. Powers with which any Executive Magistrate may be invested by the District Magistrate. (1) Power to make orders prohibiting repetition of nuisances, section 143. (2) Power to make orders under section 144. (3) Power to hold inquests, section 174.” 213. In Schedule V, Forms XXVII, XXXII, XXXIII and XLII shall be omitted. 1908 V The Code of Civil Procedure, 1908. 1. In section 2, in clause (2), for the words and figures “ and the determination of any question within section 47 or section 144 “ the commas, words and figures the determination of any question within section 144 and an order under rule 60, 98, 99, 101, or 103 of Order XXI “ shall be substituted. 2. In section 48, for the words “ twelve years” the words “ six years “ shall be subs¬tituted. 3. For section 102, the following section shall be substituted, namely:— “ 102. No second appeal in certain cases.—No second appeal shall lie— (a) in any suit of the nature cognizable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit does not ex-ceed five thousand rupees ; and (b) in any other suit, when the amount or value of the subject-matter of the original suit does not exceed two thousand rupees.” 4. In section 104, in sub-section (1), for clause (ff) the following shall be substituted, namely : — “(f) an order under section 35A ; (ff) an order under section 47 ; “. 5. Section 115 shall be re-numbered as sub-section (1) of that section, and, after sub¬section (1) re-numbered as aforesaid, the following new sub-sections shall be added, namely :— “(2) The District Court may exercise the powers conferred on the High Court by sub-section (1) in respect of any case decided by a Court subordinate to such District Court in which no appeal lies and the amount or value of the subject-matter whereof does not exceed the limits of the appellate jurisdiction of the District Court. (3) If any application under sub-section (1) in respect of a case within the com¬petence of the District Court has been made either to the High Court or the District Court, no further such application shall be made to either of them. (4) No proceedings in revision shall be entertained by the High Court against an order made under sub-section (2) by the District Court.”. 6. In the First Schedule,— (i) in Order V, after rule 10, the following new rule shall be inserted, namely ;— “ 10-A. Service by post.—(1) Simultaneously with the issue of summons under rule 9, there shall be sent, unless otherwise ordered by the Court, to the defendant, by registered post, acknowledgement due, another copy of the summons signed and sealed in the manner provided in rule 10. (2) An acknowledgement purporting to be signed by the defendant of the receipt of the registered communication or an endorsement by a postal employee that the defendant refused to take delivery of the same shall be deemed by the Court issuing the summons to be prima facie proof of service of summons.”: (ii) m Order VI in rule 15 in sub rule (1), after the word “ verified “ the words on oath or solemn affirmation “ shall be inserted ; (iii) in Order VII, (a) in rule 9, for sub-rule (1) the following shall be substituted. namely ;- “ (1) The plaintiff shall endorse on the plaint, or annex thereto, a list of the documents (if any)which he has produced alongwith it (1A) The plaintiff shall present with his plaint— (a) as many copies on plain paper of the plaint as there are defendants, plus two extra copies, unless the Court, by reason of the length of the plaint or the number of the defendants, or for any other sufficient reason, permits him to present a like number of concise statements of the nature of the claim made, or of the relief claimed in the suit, in which case he shall present such statements-and (b) draft forms of summons and fees for the service thereof and (b) after rule 18, the following new rules shall be added, namely :— “19. Address to be filed with plaint. –– (1) Every plaint or original petition shall be accompanied by a proceeding giving an address at which service of notice, summons or other process may be made on the plaintiff r petitioner. (2) Plaintiffs or petitioners subsequently added shall immediately on being so added file a proceeding of this nature, (3) The address filed under this rule shall be entered in the Register of suits maintained under Order IV, rule 2. 20. Nature of address to be filed.—An address for service filed under the preceding rule shall be within the local limits of the District Court within which the suit or petition is filed, or of the District Court within which the party ordinarily resides. 21. Consequences of failure to file address.—Where a plaintiff or peti¬tioner fails to file an address for service, he shall be liable to have his suit dismissed or his petition rejected by the Court suo motu or any party may apply for an order to that effect, and the Court may make such order as it thinks just. 22. Procedure when party not found at the place of address–(1) Where a party is not found at the address given by him for service and no agent or adult male member of his family on whom a notice, summons or other process can be served is present, a copy of the notice, summons or other process shall be fixed to the outer door of the house. (2) If, on the date fixed , such party is not present, another date shall be fixed and a copy of the notice, summons or other process shall be sent to the said address by registered post. and such service shall be deemed to be as effectual as if the notice, summons or other process had been personally served. 23. Service on pleader.—Where a party engages a pleader, notices, summons or other processes for service on him shall be served in the manner prescribed by Order III, rule 5, unless the Court dir¬ects service at the address for service given by the party. 24. Change of address.—A party who desires to change the address for service given by him as aforesaid shall file a verified petition, and the Court may direct the amendment of the record accordingly. Notice of such petition shall be given to such other parties to the suit as the Court may deem it necessary to inform, and may be either served upon the pleaders for such parties or be sent to them by registered post, as the Court thinks fit. 25. Service by other modes.—Nothing in these rules shall prevent the Court from directing the service of a notice, summons or other process in any other manner, if, for any reasons, it thinks fit to do so. 26. List of legal representatives of plaintiff.—(1) In every suit of the nature referred to in rules 3, Order XXII, the plaint shall be accom¬panied by a statement giving— (a) the names and addresses of the persons who, in the event of the death of the plaintiff, may be made a party as his legal representatives (b) the name and address of the person who, in the event of the death of the plaintiff, shall intimate such fact to the Court» furnish the Court with the names, particulars and addresses of the legal representatives of the plaintiff and make an appli¬cation for the legal representatives to be made a party. (2) A plaintiff may at any time— (a) file in the Court an amended list of his presumptive legal re-presentatives ; (b) nominate another person, in the place of the person nominated under clause (b) of sub-rule (1), for the purposes of that clause. (3) A nomination made under clause (b) of sub-rule (1) shall, unless varied under clause (b) of sub-rule (2), remain in force throughout the pendency of the suit and any proceedings arising therefrom, in¬cluding appeal, revision and review,”; (iv) In Order VIII,— (a) in rule 1, for the full stop at the end a colon shall be substituted and there¬after the following proviso shall be added, namely :— Provided that the period allowed for filing the written statement shall not ordinarily exceed ninety days.”; and (b) after rule 10, the following new rules shall be added, namely :— “11. Address/or service.—(1) Every party, whether original, added or substituted, who appears in any suit or other proceeding, shall, on or before the date fixed in the summons, notice or other process served . on him, file in Court a proceeding stating his address for service. (2) Such address shall be entered in the Register of suits to be maintained under Order IV, rule 2. (3) Rules 20, 23, 24 and 25 of Order VII shall apply, so far as may be, to addresses for service filed under this rule- 12. Consequences of failure to file address.- (1) Where a party fails to file an address for service as provided in the preceding rule, he shall be liable to have his defence, if any, struck out and to be placed in the same position as if he had not defended. (2) The Court may pass an order under sub-rule (1) sou motu or on the application of any party ; 13. List of legal representatives of defendant.—(1) In every suit of the nature referred to in rule 4, Order XXII, the written statement shall be accompanied by a statement giving— (a) the names and addresses of the persons who, in the event of the death of the defendant, may be made a party as his legal representatives ; (b) the name and address of the person, who in the event of the death of the defendant, shall intimate such fact to the Court, furnish the Court with the names, particulars and addresses of the legal representatives of the defendant and make an ap¬plication for the legal representatives to be made a party. (2) A defendant may at any time — (a) file in the Court an amended list of his presumptive legal re-presentatives ; (b) nominate another person, in the place of the person nominated under clause (b) of sub-rule (1), for the purposes of that clause. (3) A nomination made under clause (b) of sub-rule (1) shall unless varied under clause (b) of sub-rule (2), remain in force throughout the pendency of the suit and any proceedings arising therefrom, in¬cluding appeal, revision or review.”; (v) In Order IX, (a.) in rule 6, in sub-rule (1), in clause (a), after the words “ ex-parte “. the words “ and pass decree without recording evidence “ shall be inserted; and (b) in rule 13, for the full stop at the end a colon shall be substituted and thereafter the following further proviso shall be added, namely :— “ Provided further that no decree passed ex-parte shall be set aside merely on the ground of any irregularity in the service of summons, if the Court is satisfied, for reason to be recorded, that the defendant had knowledge of the date of hearing in sufficient time to appear on that date and answer the claim.”; (vi) in Order XVI,— (a) for rule 1 the following shall be substituted, namely :-- “ 1. Summons to attend to give evidence or produce documents.—-(1) Not later than seven days after the settlement of issues, the parties shall present in Court a list of witnesses whom they propose to call either to give evidence or to produce documents. (2) A party shall not be permitted to call witnesses other than those contained in the said list, except with the permission of the Court and after showing good cause for the omission of the said witnesses from the list ; and if the Court grants such permission, it shall re¬cord reasons for so doing. (3) On application to the Court or such officer as it appoints in this behalf, the parties may obtain summons for persons whose attend¬ance is required in Court : Provided that no summons shall be issued for service on a person under rule 8 unless an application in that behalf is made not later than fourteen days prior to the date fixed for the hearing of the suit and the necessary expenses for the summoning of such person are deposited.”; (b) after rule 7, the following new rule shall be inserted, namely :— “ 7A. Service of summons by parties.—(1) Except where it appears to the Court that a summons under this Order should be served by the Court in the same manner as a summons to a defendant, the Court shall make over for service all summonses under this Order to the party applying therefor. (2) The service shall be effected by or on behalf of such party by deliver¬ing or tendering to the witness in person a copy thereof signed by the Judge or such officer as he appoints in this behalf and sealed with the seal of the Court. (3) Rules 16 and 18 of Order V shall apply to summons personally served under this rule, as though the person effecting service were a serving officer.”; (a) for rule 8 the following shall be substituted, namely :— “8. Service of summons by Court.—Every summons under this order, not being a summons made over to a party for service under rule 7A of this Order, shall be served as nearly as may be in the same manner as a summons to a defendant, and the rules in Order V as to proof of service shall apply thereto.”; and (b) for rule 19 the following shall be substituted, namely :— “19. No witness to he ordered to attend in person unless resident within certain limits.—A person shall not be asked by a Court to attend in person to give evidence unless he resides at any place in Pakistan.”; (vii) in Order XVII, after rule 3, the following new rules shall be added, namely :— “4. Appearance of parties on the day next after holiday.—Where a suit or pro¬ceeding is set down for a day which is a holiday, the parties thereto shall appear in the Court on the day next following that day, or, when two or more successive days are holidays, on the day next following the last of such successive days, and the Court may then either proceed with the suit on such day, or fix some other day thereafter. 5. Appearance of parties on the day when the presiding officer is absent.—When on any day the presiding officer of the Court is absent by reason of illness or any other cause, the parties to the suit or proceeding set down for that day (notwithstanding the knowledge that the presiding officer would be absent) shall appear in the Court in the Courthouse on that day and the ministerial officer of the Court authorized in that behalf shall band over to the parties slips of paper specifying the other date fixed for proceeding with the suit or proceeding and signed by him.”; (viii) in Order XXI,- (a) in rule 1, in sub-rule (1), in clause (b), after the word “decree-holder”, the words “ through a bank or by postal money order or evidence by writing signed by the decree-holder or his authorized agent” shall be inserted ; (b) in rule 2, for sub-rule (3) the following shall be substituted, namely :— “(3) Any payment not made in the manner provided in rule 1 or any adjustment not made in writing shall not be recognized by the Court executing the decree.”; (c) after rule 23, the following shall be inserted, namely :— “ Objection to Execution 23-A. Deposit of decretal amount, etc.—An objection by the judgment-debtor to the execution of a decree shall not be considered by the Court unless— (a) in the case of a decree for the payment of money, he either deposits the decretal amount in Court or furnishes security for its payment ; and (b) in the case of any other decree, he furnishes security for the due performance of the decree.”; (d) in rule 26, sub-rule (3) shall be omitted ; (e) in rule 58, in sub-rule (1), for the proviso the following shall be substitu-ted, namely:— “ Provided that no such investigation shall be made where it appears to the Court that the claim or objection (whether made before or after the sale) has been designedly or unnecessarily delayed or was not made within a reasonable time or within one year of the date of the first attachment of the said property in the execution of the said decree, whichever is earlier, unless the claimant or objector— (a) proves title acquired in good faith and for consideration subsequent to the date of the first attachment;___________ (b) proves that his predecessors-in-interest, whether their interest existed at the time of such attachment or was acquired there¬after, fraudulently omitted to make a claim or objection; and (c) impleads all such predecessors-in-interest, as parties.”; (f) for rules 59, 60, 61 and 62 the following shall be substituted, namely.— “59. Evidence to be adduced by claimant.—The claimant or objector must adduce evidence to show that at the date of the attachment he had a title to, or right or interest in, the property attached. 60. Release of Property from attachment.—Whew upon the said investigation the Court is satisfied that the claimant or objector had a title to, or right or interest in, the said property and the said property was not, by reason of such title, right or interest, wholly or partly liable to attachment, the Court shall make an order releasing the property, wholly, or, as the case may be, to such extent as it is not so liable, from attachment. 61. Continuance of attachment subject to claim of encumbrance— Where the Court is satisfied that the property is subject to mortgage or charge in favour of some person, and thinks fit to continue the attach¬ment, it may do so subject to such mortgage or charge. 62. Questions relating to rights, etc. of claimant in attached property to be decided by Court—All questions relating to the right title or interest of the claimant or objector in the attached property shall be adjudicated upon and determined by the Court and no separate suit shall lie to establish such title, right or interest.” (g). rule 63 Shall be omitted; (h) in rule 90, in sub-rule (1), for the full-stop at the end a colon shall be substituted and thereafter the following further proviso shall be added, namely :— “ Provided further that no such application shall be entertained unless the applicant deposits such amount, not exceeding twenty per cent of the sum realised at the sale, or furnishes such security, as the Court may direct.” ; and (i) for rule 103 the following shall he substituted, namely :— “103. Certain order conclusive and suit barred— All questions arising as to title, right or interest in, or possession of, immovable property between an applicant under rule 97 and the opposite party, or bet¬ween an applicant under rule 100 and the opposite party, shall be adjudicated upon and determined by the Court, and no separate suit shall lie for the determination of any such matter.”; (ix) in Order XXII,— (a) in rule 3,— (1) in sub-rule (1), after the word “ alone “, the commas, words and figures “, or on receipt of an intimation of the death of such plaintiff from the person nominated by him for that purpose under rule 26, Order VII “ shall be inserted ; (2) for sub-rule (2), the following shall be substituted, namely,— “(2) Where within the time allowed by law no application is made or intimation is given under sub-rule (1), the Court may pro¬ceed with the suit, and any order made or judgment pro¬nounced in such suit shall, notwithstanding the death of such plaintiff, have the same force and effect as if it had been made or pronounced before the death took place.”; (b) in rule 4,— (1) in sub-rule (1), after the word “ alone”, the commas, words and figures “, or on receipt of an intimation of the death of such de¬fendant from the person nominated by him for that purpose under rule J3, Order VIII” shall be inserted ; and (2) for sub-rule (3) the following shall be substituted, namely :- “(3) when within the time limited by law no application is made or intimation is given under sub rule (1) , the court may proceed with the suit, and any order made or judgment pronounced in such suit shall, notwithstanding the death of such defendant, have the same force and effect as if it had been pronounced before the death took place.” ; and (3) after sub rule (3), as substituted aforesaid, the following new sub rule (4) shall be add, namely :- (4) it shall not be necessary to substitute the legal representatives of any such defendant who has failed to file a written statement or has failed to appear and contest the suit at the hearing; and judgment may in such case be pronounced against the said defendant notwithstanding his death, and such judgment shall have the same force and effect as if it has been pronounced before his death took place: ; (c) for rule 9, the following shall be substituted namely: - “9. Effect of dismissal. – (1) when a suit is dismissed under ruled 8, no fresh suit shall be brought on the same cause of action. (2) Any person claiming to be the legal representative of a deceased plaintiff or defendant or the assignee or the receiver in the case of an insolvent plaintiff may apply to the Court for setting aside any order made or judgment pronounced by it in his absence; and continuing the suit or defending the suit, as the case may be, the as to costs or otherwise as it thinks fit.:; (x) in Order XXXIII, in rule 1, in the explanation, for the words “one hundred the words “one thousand” shall be submitted. (xi) in Order XXXVII, in rule 1, for the words “ and to the District Court “ the commas and words “ to the District Court, and to any other Civil Court notified in this behalf by the High Court “ shall be substituted : (xii) in Order XXXIX, in rule 3, for the proviso the following shall be sub-stituted, namely : — “Provided that, except in the case of sale of goods for default in payment, at the stipulated time, of a debt in respect of which the goods were pled¬ged with any bank, or where the injunction is to be granted against Government or a Government servant as such or any statutory autho¬rity, board or corporation set up or established by Government any case not involving the ejectment of any person from, or the demoli¬tion of, any premises, the Court may, where it appears that the object of granting injunction would be defeated by the delay, dispense with such notice : Provided further that the period of notice under this rule to Go¬vernment or a Government servant as such or any statutory autho¬rity, board or corporation set up or established by Government shall not be less than two days nor exceed seven days.” : (xiii) in Order XLI, in rule 8, for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely :— “ Provided that, where such appeal has been preferred by the judgment-debtor, he shall be required, unless the Court is of opinion that Prima facie the appeal is one which must succeed owing to an error apparent on the face of the record, — (a) in the case of a decree for the payment of money, to deposit the decretal amount or to furnish security for its payment; and (b) in the case of any other decree, to furnish security for the due per-formance of the decree.” : (xiv) in Order XLIII, in rule 1, after clause (i), the following new clause shall be added, namely :— “(ii) an order under rule 62 or rule 103 of Order XXI relating to the right, title or interest of the claimant or objector in attached property;” ; and (xv) in Appendix B,— (i) form 1-A shall be omitted ; and (ii) in form 2, after the word “ defence”, the words “ and to file on or before that date your written statement” shall be inserted. 1908 IX The Limitation Act, 1908 In the First Schedule,— (i) in Article 171,— (a) in the first column, for the words “ for an order to set aside an abatement”, the words “ by the legal representative of a deceased plaintiff or defendant for setting aside an order or judgment made or pronounced in his absence “ shall be substituted ; and (b) in the third column, for the words “ the date of the abatement “ the words “ the date of the order or judgment “ shall be substituted ; (ii) Article 182 shall be omitted ; and (iii) in Article 183, in the second column, for the words “ twelve years “ the words “ six years “ shall be substituted. 1940 X The Arbitration Act, 1940. In section 33, for the full-stop at the end a colon shall be substituted and thereafter the following second proviso shall be added, namely :— “Provided further that no application challenging the existence or validity of an award or for having its effect determined shall be entertained by the Court unless the applicant has deposited in the Court the amount which he is required to pay under the award or has furnished security to the satisfaction of the Court for the payment of such sum or the fulfillment of any other obligation by him under the award”. 1961 XLIV The conciliation Courts Ordinance, 1961 1. In section 5, in sub-section (1), for the colon a Full stop shall be substituted and the proviso shall be omitted. 2. In section 8,— (i) sub-section (1) shall be omitted ; and (ii) in sub-section (2), for the words, commas and figure “ if the decision of a Conciliation Court is by a majority of three to two, and the case falls under Part I of the Schedule, any party may, within thirty days of the decision” the words and comma “ Any party may within thirty days of the decision of a Conciliation Court” shall be substituted. 1965 III The legal Practitioners and Bar councils Act, 1965. In section 22, after sub-section (?) the following new sub-section shall be added, namely:— “(3) No advocate shall appear or act for any person in any court or tribunal unless he has been appointed for the purpose by such person by a document in writing signed by such person or his recognized agent or some other person duly authorised by him to make such appointment, and such document has been filed in such court or tribunal : Provided that nothing in this sub-section shall apply to— (a) a Public Prosecutor or any advocate appointed by the State ; or (b) an advocate when appearing on behalf of another advocate entitled to appear and act. if the advocate so appearing files a memo of appearance : Provided further that an advocate may be allowed to appear for an accused in custody on his undertaking to file the document required Under this sub-section. Letters Patent applicable to the High Court of East Pakistan. Clause 15 Shall be omitted. Letters Patent applicable to the Lahore High Court, the Sind and Baluchistan High Court and the Peshawar High Court. Clause 10 Shall be omitted.