PUNJAB MURDEROUS OUTRAGES ACT, 1867

[THE PUNJAB MURDEROUS OUTRAGES ACT, 1867]

(Short title given by the Amending Act, 1903 (1 of 1903).

For Statement of Objects and Reasons, see Gazette of India, dated 5th January, 1867 ; for Proceedings in Council, see ibid., Supplement, dated 12th January, 1867, pp 3 and 5 ; 16th February, p. 73 ; 23rd February, p. 131; 2nd March, pp. 147 and 154 ; and 23rd March, pp. 233 and 241.

The Act was rep. in the N.‑W.F.P. by the Frontier Murderous Outrages Regulation, 1901 (4 of 1901).)

ACT No. XXIII OF 1867

[18th March, 1867]

An Act for the suppression of murderous outrages in certain districts of (Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 & 2nd Sch., for "the Punjab" (with effect from the 14th October, 1955).)[West Pakistan].

Preamble. WHEREAS in certain districts of(Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 & 2nd Sch., for "the Punjab" (with effect from the 14th October, 1955).) [West Pakistan] fanatics have frequently murdered or attempted to murder servants of the (Subs. by A. O., 1961, Art. 2 & Sch., for "Queen" (with effect from the 23rd March, 1956).) [State] and other persons : and whereas the general law of the country is not adequate to suppress such offences ; It is hereby enacted as follows :‑

1. Power to extend Act to any part of the Punjab. It shall be lawful for the (Subs. by A. O., 1937, for " Lieutenant‑Governor".)[Provincial Government] (The words "of [the Punjab]" omitted by the Central Laws (Statute Re­form) Ordinance, 1960 (21 of 1960), s. 3 & 2nd Sch. (with effect from the 14th October, 1955). The words in crotchets were subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 8, for "West Punjab" which was previously subs. for "the Punjab" by A. O., 1949, Sch.)* * *( The words "with the previous consent of the G. G. of India in C." rep. by A. O., 1937.)* * * by a proclamation published in the official Gazette, from time to time to declare any part or parts of the territories(Subs. by Ordinance 21 of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for "under [its] government". The word in crotchets was subs. for "his" by A. O., 1937.)[within the Punjab] to be subject to the operation of all or any of the provisions of this Act(For notification applying the Act to certain tracts adjoining the Dera Ghazi Khan District, see Punjab Local R. and O.), and also, by such proclamation (The words "and with such consent " rep. by A. O., 1937.)* * * as 'aforesaid, from time to time to withdraw from the operation of such provisions any part or parts of the said terri­tories which (Subs. ibid., for " he".) [it] may previously have declared to be subject there­to, and in like manner, as occasion shall require, to subject the same part or parts again to the operation of the same provisions or of any of them.

2. Punishment of fanatics murdering or attempting to murder. Any fanatic who shall murder or who shall, within the meaning of the Pakistan Penal Code, section 307, attempt to murder any servant of the (Subs. by A. O., 1961, Art. 2 and Sch., for "Queen" (with effect from the 23rd March, 1956).) [State] or other person, shall, on conviction thereof, be punished either with death or with transportation for life, and all his property shall be forfeited to Government XLV of 1860.

3. [Repealed.] [Offences under the Act to be offences within meaning of Penal Code.] Rep. by the; Repealing Act, 1874 (XVI of 1874), s. 1 and Sch., Pt. I.

4. Forfeiture of property of fanatics killed in committing outrages punishable under Act.Whenever any fanatic shall be killed in the act of com­mitting any such offence, as aforesaid, or, being wounded and taken prisoner in the act of committing any such offence as afore­said, shall afterwards die of his wounds, it shall be competent to the (Subs. by the Punjab Murderous Outrages (Amendment) Act, 1877 (9 of 1877), s. 2, for "Commissioner".)[Sessions Judge or Commissioner] who, under the provisions hereinafter contained, would have had cognizance of the offence if the offender could have been brought to trial, to proceed to hold an inquest into the circumstances of the death of the offender, and on proof of his having been killed as aforesaid, or of his having died of wounds received as aforesaid to adjudge that the whole of his property shall be forfeited to Government and to dispose of his body as such(Subs. by the Punjab Murderous Outrages (Amendment) Act, 1877 (9 of 1877), s. 2, for "Commissioner".) [Sessions Judge or Commissioner] shall think fit.

5. Trial before Sessions Judge or Commissioner. Subject to the provision contained in section 14 of this Act, any offence triable under this Act shall be tried by the (Subs. by the Punjab Murderous Outrages (Amendment) Act, 1877 (9 of 1877), s. 2, for "Commissioner".)[Sessions Judge or Commissioner] of the division in which it has been committed ; and, in respect of all such offences, the (Subs. by the Punjab Murderous Outrages (Amendment) Act, 1877 (9 of 1877), s. 2, for "Commissioner".) [Sessions Judge or Commissioner] shall follow the procedure prescribed for a Magistrate by section 149, Chapter XVII, and the provisions applicable to warrant‑cases of the Code of Criminal Pro­cedure(See now the Code of Criminal Procedure, 1898 (5 of 1898).).

Provided that, if he shall be of opinion that any witness or evidence is offered for the purpose of vexation or delay, or of defeating the ends of justice, he may require the accused person to satisfy him that there are reasonable grounds for believing that such witness or evidence is material, and, if the (Subs. by the Punjab Murderous Outrages (Amendment) Act, 1877 (9 of 1877), s. 2, for "Commissioner".) [Sessions Judge or Commissioner] be not so satisfied, he shall not be bound to summon the witness or examine the evidence so offered.

6. Trial to be with aid of assessors. Trials under this Act before the (Subs. by the Punjab Murderous Outrages (Amendment) Act, 1877 (9 of 1877), s. 2, for "Commissioner".) [Sessions Judge or Com­missioner] shall be conducted with the aid of two or more assessors as members of the Court.

The (Subs. by the Punjab Murderous Outrages (Amendment) Act, 1877 (9 of 1877), s. 2, for "Commissioner".) [Sessions Judge or Commissioner] may appoint such persons other than persons specified in section 405 of the Code of Criminal Procedure(See now the Code of Criminal Procedure, 1898 (5 of 1898).) at such time and in such manner as he may think fit to serve as assessors, and no persons shall be exempt, within the meaning of section 406 of the same Code, from serving as such assessors.

The provisions of the Code of Criminal Procedure(See now the Code of Criminal Procedure, 1898 (5 of 1898).) shall, save as aforesaid, apply to assessors appointed under this sec­tion.

7. What the judgment is to specify. When any trial under this Act is concluded, if the accused person be convicted, it shall be sufficient if the Court, in passing judgment and in recording the finding and sentence, shall specify the offence of which he is convicted, and the Court shall imme­diately issue a warrant to the officer in charge of the jail in which the prisoner is confined to cause the sentence to be carried into execution, and such sentence shall be carried into execution ac­cordingly.

No sentence of death passed under this Act shall require con­firmation by any Court.

8. Disposal of bodies of criminals. When any person shall be sentenced to death under this Act, his body shall be disposed of as the (Subs. by the Punjab Murderous Outrages (Amendment) Act, 1877 (9 of 1877), s. 2, for "Commissioner".)[Sessions Judge or Commissioner] by whom he was so sentenced shall direct.

9. Proceedings to be reported to Provincial Government. The proceedings in every trial held under this Act shall be reported to the(Subs. by A. O., 1937, for "Lieutenant‑Governor".) [Provincial Government], without unnecessary delay, by the officer before whom such trial shall have been held.

10. No appeal from orders or sentences under Act. Notwithstanding anything contained in the Code of Criminal Procedure(See now the Code of Criminal Procedure, 1898 (5 of 1898).), or(Subs. by the Amending Act, 1891 (12 of 1891), s. 2(2), Sch. II, Pt. I, for "the Punjab Chief Court Act, 1866 ".) [in any other enactment for the time being in force] no appeal shall lie from any order or sentence under this Act.

11. Procedure in cases not contemplated by Act. If any (Subs. by the Punjab Murderous Outrages (Amendment) Act, 1877 (9 of 1877), s. 2, for "Commissioner ".) [Sessions Judge or Commissioner] in whom jurisdiction is vested by this Act shall be of opinion that the ac­cused person has committed an offence punishable under the Pakistan Penal Code, but that such offence is not contemplated by the preamble to this Act, the offender shall be dealt with in manner provided in such case by the Code of Criminal Proce­dure XLV of 1860.

12. Provincial Government's powers as to confinement of persons under Act. The said(Subs. by A. O., 1937, for " Lieutenant‑Governor ".) [Provincial Government] shall have, with res­pect to the confinement of any person charged with or suspected of an intention to commit any offence punishable under this Act, the powers which are vested in the (Subs. ibid., for "G. G. of India".)[Central Government] by any law regarding the confinement of persons charged with or sus­pected of State offences ; and the provisions of any such law shall, mutatis mutandis, be applicable to all cases in which the (Subs. by A. O., 1937, for " Lieutenant‑Governor ".) [Pro­vincial Government] shall proceed under the authority of this section.

13. Power of Magistrate as to persons suspected. Any person having the full powers of a Magistrate may s cause any person, against whom there are in his judgment grounds of proceeding under the last preceding section, to be appre­hended, and, after such inquiry as he may think necessary, may detain such person in safe custody until he shall have received the orders of the said (Subs. by A. O., 1937, for " Lieutenant‑Governor ".) [Provincial Government] to whom, in all such cases, he shall report his proceedings without unnecessary delay.

14. Exercise of jurisdiction conferred by Act.The jurisdiction conferred by this Act on a(Subs. by the Punjab Murderous Outrages (Amendment) Act, 1877 (9 of 1877), s. 2, for "Commissioner ".) [Sessions Judge or Commissioner] may be exercised, in the case of any offence punishable under this Act, by any person having the full powers of a Magistrate whom the (Subs. by the Punjab Murderous Outrages (Amendment) Act, 1877 (9 of 1877), s. 2, for "Commissioner ".) [Sessions Judge or Commis­sioner] to whom he may be subordinate, or the said (Subs. by A. O., 1937, for " Lieutenant‑Governor ".) [Provincial Government], shall after the commission of such offence, specially invest with such jurisdiction.

15. Power to withdraw cases from operation of Act. It shall be lawful for the said (Subs. by A. O., 1937, for " Lieutenant‑Governor ".)[Provincial Government] either on (Subs. ibid., for " his ".) [its] own motion or at the request of the (Subs. by A. O., 1949, Sch., for "Chief Court of the Punjab".) [High Court at Lahore], from time to time to withdraw any class of cases from the operation of this Act.

16. Power of Chief Court to issue circular orders.  With the previous consent of the said(Subs. by A. O., 1937, for " Lieutenant‑Governor ".) [Provincial Go­vernment], but not otherwise, the said (Subs. ibid., for " Chief Court".) [High Court] may, from time to time, make and issue circular orders for the guidance of officers in cases under this Act ; provided that such orders are consistent with the provisions herein contained.

Publication of such orders. All such orders shall be published in the official Gazette, and shall be obeyed by the officers aforesaid.

17. [Repealed.]  ()[Expiration of Act.] Rep. by the Amending Act, 1891 (XII of 1891).